Loading...
HomeMy WebLinkAbout2013 05-13 CCM Study Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 13, 2013 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Myszkowski requested discussion on Item 6e, Approval of Joint Work Session Meetings with the Financial Commission, in particular the dates as she may have some scheduling conflicts. Mayor Willson explained the majority of the City Council will still be in attendance and there is opportunity for absent Councilmembers to be brought up-to-date. He asked Councilmember Myszkowski to inform staff of dates of conflict. Councilmember Ryan requested discussion on Item 6e, Approval of Joint Work Session Meetings with the Financial Commission, noting the staff memorandum indicates the December 2, 2013, Budget Hearing starts at 6:30 p.m.; however, it has been the practice of the City Council to hold that meeting at 7:00 p.m. The City Council agreed to meet at 6:30 p.m. City Manager Curt Boganey stated the meeting schedule will be updated. Mr. Boganey stated he received several questions from Councilmember Ryan and this afternoon had e-mailed that information to the members of the City Council. He stated the information related to the EDA item and whether there would be no deal without a ten-year tax abatement. Mr. Boganey stated the developers have asserted that without the tax abatement, the project will not go forward. If the City Council is comfortable with the request, staff will draft a development agreement and assess whether the tax abatement is essential to the feasibility of the project. 05/13/13 -1- Mr. Boganey noted there is value in a sale at $500,000, a fair price that compensates for the abatement. It was noted the abatement estimate of$300,000 is over ten years so the $500,000 received today would exceed that value. In addition, it was close to the fair market value and close to the value of constructing the Link. Councilmember Ryan stated that is the benefit of getting that large sum ($500,000) up front for the property. He thanked Mr. Boganey for the explanation. Mr. Boganey stated he also received questions about tonight's Work Session item, Commercial Vehicle Parking, and options to respond to the property owner's desire to park a commercial vehicle on his residential driveway and for a change in the City ordinance. Mr. Boganey stated the question is whether the present property owner could be exempted from complying with the ordinance. He stated he reviewed this with the City Attorney and both recommend an exemption not be considered, as the City Council does not have that discretion. Mayor Willson concurred and spoke in support for upholding the City's ordinance. He noted he had told this property owner at the previous meeting that any ordinance change would be prospective and not help this particular property owner. Councilmember Kleven asked about the option to consider a variance, which she would support. She stated she hates to think that this young man will have to sell his home. She mentioned another property with many vehicles parked outdoors, making it unsightly. Councilmember Kleven stated she does not find this resident's property to be unsightly and none of his neighbors had complained. Councilmember Myszkowski stated that while she also sympathizes with this resident's position, she has to uphold the City's ordinances. Councilmember Ryan stated many municipalities ban commercial vehicles from parking in residential neighborhoods, and it would be wise for business owners to research the types of vehicles that can be parked if working from their homes. Councilmember Lawrence-Anderson stated she spoke to this resident and noted the State of Minnesota does not license his vehicle as a commercial vehicle. She stated there are far more unsightly things on the City's streets than this vehicle and asked when the City last looked at Chapter 19. Mr. Boganey stated that discussion can occur at the Work Session and the City Council can raise questions for staff to investigate. MISCELLANEOUS CDBG Program Requirements Councilmember Kleven stated it behooves the City Council to understand the requirements of CDBG and asked members if they would be open to inviting a County or Federal representative 05/13/13 -2- to provide education as to federal rules and what is expected of Brooklyn Center. She noted an audit had been performed of Hennepin County's CDBG Program and it was found that Hennepin County had not followed through. Mayor Willson stated each year City staff provides a lot of information, he understands fully the CDBG process, and is comfortable with the decisions made. He noted that Hennepin County's policy had been discussed at the City Council's joint meeting with the Financial Commission. Councilmember Myszkowski stated her understanding that the auditor had found discrepancies between the actions of the City and the agreement with Hennepin County. Hennepin County had not updated the agreement to comply with federal procedures. She stated the documentation received during consideration of the CDBG was comprehensive, it explained the federal rules, and was sufficient. Councilmember Myszkowski stated she also read information from the federal website. Mayor Willson stated the auditor made a statement that the City had correctly followed the CDBG funding but Hennepin County's paperwork had not been updated. Councilmember Kleven stated her impression that there were some things in the City's process that were not correct. Mayor Willson stated that was not his understanding. Councilmember Ryan stated the section of the CDBG in question related to a program called NSP-1 Stabilization Program. Mr. Boganey stated the issue raised by the auditor had to do with the language in the NSP 1 grant agreement between the City and Hennepin County not being current. He explained that Hennepin County had elected to not update the grant agreement wording since the NSP-1 program is almost over. Mr. Boganey noted the auditor determined the City did everything needed and its actions were consistent with the changes in the federal rules and regulations but the Hennepin County paperwork was not modified to reflect changes made by the federal government. Mayor Willson concurred and noted City staff was also told the City had followed all of the rules regardless of the language. He stated the auditors did a very thorough job to notice the language difference. That was the only discrepancy with their audit and he thinks the City is doing a stellar job. Mr. Boganey stated the auditors did not make an official finding as it relates to the use of federal funds. The auditors, whose job is to audit the use of federal funds, confirmed the City's work met all federal requirements. Councilmember Kleven asked what the City did not do. Mr. Boganey stated the auditors found the City met all requirements of the federal government. 05/13/13 -3- Councilmember Kleven asked if there will be new quarterly reports for the 2013 CDBG funds provided to Hennepin County. Mr. Boganey stated each grant received has a separate grant agreement and Hennepin County will probably not do anything differently. He stated in order for a City to be required to do a single audit,.it has to receive over a threshold amount of federally appropriated funds. Councilmember Kleven submitted questions for Mr. Boganey to research. Pictures of Neighborhood Homes Councilmember Lawrence-Anderson stated at 4:15 p.m. this afternoon, her husband observed someone taking pictures of all the homes on her street. She stated she would provide this information and the car license plate number to staff. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS COMMERCIAL VEHICLE PARKING City Manager Curt Boganey introduced the item, noting the property owner at 4300 65th Avenue North was sent a Compliance Notice regarding a commercial vehicle in his residential driveway and notifying him that the commercial vehicle is in violation of City Ordinance 19-103, Public Nuisances Further Defined. Since the notice was issued, there have been several telephone conversations with staff explaining the violation and possible solutions to meet ordinance requirements. The property owner then spoke at the April 22, 2013, Open Forum asking for an exemption or change to the ordinance. He asked if there is interest by the City Council to consider a modification to the ordinance given the facts currently known, or if there are additional facts or information the City Council would like prior to considering an ordinance modification. Councilmember Ryan stated in this case, it is a new truck, not an eyesore, and no apparent complaint from adjacent property owners. However, if the City Council revises the ordinance relating to height or weight restrictions, there may be a future case where another request for modification is required. Councilmember Ryan expressed concern that considering this request may open another set of issues and asked if it would not be prudent for any business owner operating from his home to research restrictions of parking commercial vehicles in a residential driveway. He stated the State changed its licensing of trucks several years ago and that issue, in his mind, was secondary to how a previous City Council defined a reasonable standard (size and weight) of a commercial vehicle. Mayor Willson noted there may be credence to consider a change if the City is being more restrictive than the State of Minnesota. He asked if the City Council wanted staff to spend time researching a potential ordinance change if there is not City Council support to consider such an amendment revision. Councilmember Kleven stated she supports staff looking into changing the ordinance since this particular truck is not considered commercial by the State of Minnesota. 05/13/13 4- Mayor Willson stated it is valid to determine why the State does not consider this to be a commercial vehicle, but he would oppose directing staff to make an ordinance change without further direction from the City Council as to the specific ordinance amendment. Discussion on this item continued and reached conclusion during the May 13, 2013, Work Session. ADJOURNMENT Mayor Willson closed the Study Session at 6:45 p.m. 05/13/13 -5- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Study/Work Session of the City Council of the City of Brooklyn Center held on May 13, 2013. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its May 28, 2013, Regular Session. 7Z�1� City Clerk, Mayor 05/13/13 -6-