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HomeMy WebLinkAbout2013 12-09 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 DECEMBER 9,2013 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:20 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 Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan asked, with regard to Regular Session Agenda Items 6d and 6e, Consent Agenda, Wangstad Area Street and Storm Drainage Improvements, if staff intended to conduct a study to determine whether the desired functionality has been achieved. He added residents have expressed their concern to him that the areas with width reductions will be difficult for snow plows to maneuver. He noted the design characteristics are similar to those at the lower part of June Avenue N. from Bass Lake Road north to the 2014 project area. Public Works Director/City Engineer Steve Lillehaug stated the City has not collected data that would show the effect of design modifications on Dupont Avenue N. Councilmember Ryan stated that one resident, a former City employee, has noted that the Dupont Avenue N. modification makes it difficult for snow plows to maneuver and there could be a wear-and-tear factor. He added he would like to hear more about this issue from staff. Mr. Lillehaug stated other areas besides Dupont Avenue have had width reductions. He agreed it takes a little more effort to plow around the curbs, but the plow operators are experienced and know their routes, and the modifications have resulted in a reduction in traffic speed. He agreed that it would be beneficial to have traffic counts. Mayor Willson stated, in his opinion, the modifications are having a positive effect, and he has noticed that it causes him to stop and think when he drives through the area. 12/9/13 -1- Councilmember Lawrence-Anderson asked, with regard to Consent Agenda Item 6b, Licenses, whether the four tobacco-related products licenses were new or existing licenses. Mr. Boganey stated they are all renewal licenses. Councilmember Myszkowski requested the following changes in the Regular Session minutes of November 25,2013: -Page 1, Item 2, "Invocation," replace "in memory of with "recognizing the tragic accident in which". -Page 8, Item 11, "Council Report," 11th line from bottom, replace "SEAT" with "CEAP" Mr. Boganey reviewed an application for liquor license received by City staff from Mr. Mohamed Shambolia, owner/proprietor of Mr. BBQ, 2101 Freeway Boulevard. He stated the application has several deficiencies, but the applicant asked that staff request the City Council's consideration of this application before the end of the year. He noted the primary deficiencies related to the application are the restaurant's CPA certification, which was not completed by a qualified authority; and past due/delinquent taxes. Mayor Willson stated he met with the owner and his attorney within the last month, and delinquent taxes were an issue at that time. He added he advised the owner that the tax situation would need to be resolved before his license would be renewed. Mr. Boganey stated the restaurant is also delinquent on City utilities. Mayor Willson stated that the owner indicated he had a payment plan in place with the County. Mr. Boganey stated the City Attorney has advised that an agreement with the County is not sufficient to meet the letter of the City ordinance pertaining to licensure. He added the City Council could direct staff to send a letter to the applicant indicating reasons for denial of a license, or add it to tonight's agenda with a recommendation of denial as the application is not complete. Mayor Willson stated he would prefer to let the applicant know that the City Council will not consider an incomplete application, rather than put it on the agenda. City Attorney Charlie LeFevere agreed, adding there are further grounds for non-renewal that are still being compiled by staff, and a hearing will be necessary in any case. It was the consensus of the City Council that the license application for Mr. BBQ would not be considered at tonight's meeting, and that staff would be directed to work with the applicant in an attempt to complete the application. MISCELLANEOUS Review of"Vaping" Lounges Regulatory Issues Councilmember Lawrence-Anderson stated she met with Emily Anderson of the Association of Non-Smokers of Minnesota, along with Councilmember Myszkowski and Officer Kris Knodle, to review the issue of"vaping," or non-smoking cigarettes, and vaping lounges. She added Ms. Anderson provided very valuable information regarding this alarming trend, which is targeted at 12/9/13 -2- youth. She stressed the importance of placing a moratorium on such businesses until the City Council can discuss this issue and make the necessary ordinance changes to provide control and restriction at the City level. Councilmember Lawrence-Anderson expressed concern that because of redevelopment in Brooklyn Center, specifically Shingle Creek Crossing, the City's older strip malls will attract these new types of businesses that are not desirable in terms of quality and image. She added she submitted a sample ordinance from the League of Minnesota Cities to Mr. Boganey for staff review. Mayor Willson stated he would support directing staff to research this issue and provide more information to the City Council at a study session, including staff report and possible solutions. The City Council agreed. Mayor Willson asked whether a moratorium could be placed on development of this type of business while the City Council reviews this issue. Mr. LeFevere confirmed this. Mayor Willson stated the City Council should consider what type of designation could be used to differentiate it from other businesses. Mr. LeFevere stated, with regard to hookah lounges, the Minnesota Clean Indoor Air Act includes an exception for sampling in licensed tobacco retailers, but there is no definition of sampling. He added this is an easy fix, as the sampling of tobacco could be strictly prohibited in the City ordinance pertaining to licensure. Mr. LeFevere stated the City Council could consider a moratorium on this entire kind of business, which would not affect existing businesses, and a study could be conducted. He added it is within the Council's aegis to impose licensing and regulation, which can be done without a moratorium, and unless the ordinance is changed, hookah lounges are a permitted use. Mayor Willson stated applicants could come through for approval before the ordinance amendment process is complete and the ordinance takes effect. Mr. LeFevere stated the City Council could adopt a moratorium resolution at the same time that a moratorium ordinance goes into effect. He added there is legal precedent for that process, and it is a defensible case. He noted this could be addressed by the City Council at its next Regular Session. The City Council agreed. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to reconvene the Study Session at 6:47 p.m. Motion passed unanimously. 12/9/13 -3- Review of"Vaping" Lounges Regulatory Issues-continued The discussion continued on the issue of an amendment to City ordinance related to regulation of non-smoking lounges. Councilmember Lawrence-Anderson thanked Mayor Willson and the City Council for their consideration of this issue and its implications for the community. Councilmember Myszkowski agreed, adding the meeting with Emily Anderson was very informative, and she was horrified to understand the extent that big tobacco corporations are involved in promoting vaping to youth. She noted the#1 flavor for non-smoking devices is gummi bear. Councilmember Lawrence-Anderson expressed concern that a new generation of non-smokers is now being exposed to this nicotine transmission, which appears harmless and safe due to lack of education. Councilmember Ryan stated he appreciates the efforts of Councilmembers Lawrence-Anderson and Myszkowski for bringing this issue forward for the Council's attention and action. Councilmember Kleven also thanked Councilmembers Myszkowski and Lawrence-Anderson for bringing up this issue so the Council could address it with some urgency. Residential Holiday Lights Displays Councilmember Kleven asked whether there is a list of homes with holiday lights displays on the City website. Mr. Boganey stated there is not a list on the website. Councilmember Kleven stated she would like to see this considered for next year, as it would be good for the community. Mayor Willson suggested that a notice could be placed on the website asking residents to notify the City if they have a holiday lights display. Mr. Boganey stated that could be reviewed for next year, but it would have to be on a self-reporting basis. Councilmember Kleven stated a contest could be held to recognize the homeowners. Liquor License—Mr.BBQ Mr. Boganey stated that Mr. Mohamed Shambolia, owner/proprietor of Mr. BBQ, arrived at the meeting after the open forum had closed. He added Mr. Shambolia was hoping to have an opportunity to speak to the City Council. Mayor Willson agreed to accommodate this request. ADJOURNMENT Mayor Willson declared the Study Session adjourned at 6:56 p.m. 12/9/13 -4- 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 December 9, 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 January 27, 2014, Regular Session. A0 j .�t.c City Clerk yor Pro Tem 12/09/13 -5-