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HomeMy WebLinkAbout2013 05-13 CCM Work SessionMINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION MAY 13, 2012 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:48 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor/President Willson recessed the Work Session at 8:48 p.m. The meeting was reconvened at 8:56 p.m. COMMERCIAL VEHICLE PARKING It was noted that the property owner at 4300 65 th 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. Jeremy and Tracy Mickelson, 4300 65 th Avenue North, stated they had nothing to add to the comments made during tonight's Informal Open Forum. Councilmember/Commissioner Myszkowski agreed with the need to update the ordinance language. She noted Brooklyn Center has many "blue collar" workers and applauded those who are in business for themselves. She expressed concern with economic impact if the City is not "friendly" for this type of situation. Councilmember/Commissioner Myszkowski stated while campaigning she noticed that open backed trucks were unsightly as well as very large and older recreational vehicles. She agreed with the need to determine why the State of Minnesota does not consider this type of vehicle to be commercial and found that some of the vehicles listed in the ordinance do not belong in residential areas. 05/13/13 -1- Mayor/President Willson stated while in New York City, it was mentioned 60% of their business comprises small enterprises located in strip malls with a small storefront and several employees. He agreed with the small business effort. Mayor/President Willson stated he would not oppose considering an ordinance change, if warranted. Councilmember/Commissioner Ryan stated if it would be problematic in how to address relief of this complaint and suggested staff be asked to address that issue, as the City must enforce its ordinances. He noted it is reasonable to expect that some property uses are restricted in residential neighborhoods but in this case, the vehicle violation is marginal as the ordinance is currently written. City Manager Curt Boganey stated the equal protection clause of the State constitution indicates the City must treat like situations similarly and it would violate the right of citizens if the City were to pick and choose when to enforce and not enforce an ordinance. He stated the ordinance needs to be applied in a uniform manner no matter how we may feel about the individuals or fairness of the ordinance. Mr. Boganey stated staff will investigate the pictures submitted and if a violation exists on those properties, a citation will be issued. Mayor/President Willson stated in the City Council/EDA's earlier discussions on the dynamic message signs, he noticed the Planning Commission meeting minutes made reference to a bus that is being used as a residence and an illuminated sign is being used as its lighting. He asked staff to investigate whether a bus is being used in that way. Councilmember/Commissioner Lawrence-Anderson asked staff to determine the last time this ordinance was updated and how many citations have been issued for commercial vehicles in residential driveways in the last 12 months. She stated she wants to assure the City is fair and not isolating this one location for ordinance violation. Councilmember/Commissioner Lawrence-Anderson asked if Code Enforcement is doing a sweep of the entire City to assure the ordinance is being equally applied. Mayor/President Willson explained that Code Enforcement sweeps one-quarter of the City each year and this is not the first time this type of issue has been raised. He noted that those sweeps also bring to attention whether an ordinance may need to be amended. Councilmember/Commissioner Ryan stated he might not have chosen the specific height that is in the ordinance; however, it is in the ordinance and needs to be enforced. Mayor/President Willson stated Code Enforcement is told to not apply ordinances arbitrarily and the City has every right to be more restrictive than State Statutes. However, he found comments by Councilmember/Commissioner Myszkowski relating to the importance of small business compelling and would consider looking at ordinance language as well as State Statute guidelines for commercial vehicles. Councilmember/Commissioner Ryan stated he would not object to looking at ordinance language but he is aware that while residents do not support commercial vehicles being parked in their neighborhood, they may be reluctant to raise a complaint. In addition, large recreational 05/13/13 -2- vehicles are a concern if it involves blocking sight lines or creating a safety issue. Councilmember/Commissioner Ryan stated the standards can seem unfair to whomever they are applied, but he feels the City has an obligation to make a fair determination on community standard, as residential property owners should have a reasonable expectation on the definition of what is an appropriate residential use. Mayor/President Willson noted if residents do not support an ordinance revision, they will make it known during the Public Hearing. Councilmember/Commissioner Kleven stated support to revisit the ordinance language, consider regulations in other communities, and to hold a Public Hearing. Mayor/President Willson stated the City Council/EDA has determined a direction to consider tonight and he does not need information from other communities before making that decision. Councilmember/Commissioner Lawrence-Anderson stated with the current ordinance, you can have a beat up 10-foot high and 30-foot long trailer in a residential driveway yet a decent no- imprint vehicle is in violation. However, she understands the difficulty in defining what is and is not acceptable in appearance. Glen Halverson, 4312 65 th Avenue North, stated he thinks a lot of the problem is with the City's definition of a commercial vehicle. Jeremy Mickelson, 4300 65 th Avenue North, asked for clarification on the City's definition of a commercial vehicle. The City Council/EDA reviewed the ordinance language defining the maximum vehicle size, weight, and hours of parking. Assistant City Manager/Director of Building & Community Standards Vickie Schleuning clarified that if it is a residential style vehicle, it is not included in the definition of a commercial vehicle. Mr. Boganey indicated a copy of the ordinance will be provided to Mr. Mickelson. The majority consensus of the City Council/EDA was to direct staff to investigate the State of Minnesota commercial designations, the number of commercial vehicle violations issued in the last 12 months, and the date this ordinance was last updated or adopted. ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Myszkowski seconded adjournment of the City Council/Economic Development Authority Work Session at 9:25 p.m. Motion passed unanimously. 05/13/13 -3- 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 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. P City Clerk Mayor 05/13/13 -4-