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Home My WebLink About2014 03-10 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 MARCH 10, 2014 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, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS There were no agenda items or questions to discuss. MISCELLANEOUS Youth in City Government Day—March 24,2014 Councilmember Kleven stated the City Council's March 24, 2014, meetings fall on the same date as the Brooklyn Bridge Alliance's Youth in City Government Day event. City Manager Curt Boganey stated the event might be postponed to April, as there are many applications that have not yet been submitted. He added the Alliance hopes that an extension will encourage more young people to apply. He added he would provide further details when he receives them. Amphitheater Project Funding Councilmember Kleven stated she received the Amphitheater project update, which was clear and concise. She added a possible solution for addressing the financial shortfalls might be to conduct the project in phases, completing different areas at different times. She added she and her husband built their family home in a similar way, and wondered if such a concept might work for the amphitheater. Mayor Willson stated the funding issues have arisen as a result of costly environmental mitigation obstacles. Mr. Boganey stated, according to the architect, the increased costs are due to two primary factors: soil mitigation, which will be above original estimates, and the proposed materials and design elements. He added the project will remain within its original cost parameters if the design can be modified without significantly changing the structural 03/10/14 -1- appearance, and without reducing or impacting quality, and if soil mitigation issues can be resolved. Mr. Boganey stated, in response to Councilmember Kleven's suggestion, the idea of completing the amphitheater in phases had been discussed with the architect, but did not seem feasible. He added he does not recall the specific reasons, but agreed to provide more information for the City Council's review. Councilmember Kleven thanked Mr. Boganey. Mr. Boganey stated additional materials were provided for the City Council's review that relate to Regular Session Agenda Item 8a, Proposed Special Assessments. City Manager's Review and Compensation Mayor Willson requested the City Council's consideration of an additional agenda item for discussion related to the City Manager's compensation and review. He provided copies of a staff memo and proposed agreement addendum. It was the majority consensus of the City Council to amend the Regular Session Agenda to include Item IOb, Resolution Authorizing Third Addendum to City Manager Employment Agreement. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS E-CIGARETTE OPTIONS Mayor Willson stated that this issue has gained attention on the national level recently as communities and elected officials continue to review their policies and affirm their positions against the use of e-cigarettes and vaping devices in public places. Mr. Boganey stated City staff was instructed by the City Council to provide options for policies that the City can employ in response to these concerns. He introduced Police Commander Tim Gannon, and invited him to address the City Council. Commander Gannon presented a review of three options for an ordinance amendment related to e-cigarettes and sampling. He stated the inclusion of specific definitions would allow the City to prohibit sampling in vaping rooms, as well as the sale of"loosies," or individual cigarettes. Commander Gannon stated the third option would provide the most far-reaching change, as it would adopt provisions of the model policy including restrictions on the granting of licenses. He added Part 5 of the third option relates to compliance checks, during which a licensed premises must be open to inspection by the City during regular hours. Mayor Willson asked whether the term licensed premises includes public parks and other public spaces. Commander Gannon stated it does not. Mayor Willson stated that he has heard that the City of Los Angeles has banned the use of electronic vaping devices in all public spaces. Commander Gannon stated a bill currently being proposed in the Minnesota Legislature by Representative Phyllis Kahn seeks to encompass e-devices with tobacco products. He added Representative Kahn was the chief author of the 1975 Minnesota Clean Indoor Air Act. 03/10/14 -2- Councilmember Ryan stated it would be easier to prohibit the use of vaping devices in public if there was a clarification in State law. He added the City cannot be less restrictive than the State. Councilmember Kleven stated, in her opinion, the penalty fines should be higher. Mayor Willson stated lower income residents would be negatively affected in a significant way, if the minimum wage bill does not pass. He added this issue could be reviewed if there is a significant increase in violations. Commander Gannon stated that 24 businesses in Brooklyn Center had tobacco licenses in 2013, and there were 8 compliance check failures, with no repeat offenders. Councilmember Lawrence-Anderson thanked Commander Gannon for his presentation. She stated the addition of a policy of revoking driver's licenses for repeat offenders could be considered. Mayor Willson stated that a revoked license could have far-reaching implications in people's lives. He added he is unsure whether that should be considered as an effective tool. Councilmember Myszkowski stated the legal age for tobacco use in New York was increased to 21 years of age. She asked whether that could be done in Brooklyn Center. Mayor Willson stated he is unsure whether that would be legal, as it would conflict with State statute. Mr. Boganey stated that is a question for City Attorney Charlie LeFevere. Mayor Willson asked whether Mr. LeFevere has reviewed Option 3. Mr. Boganey responded affirmatively. Mr. Boganey stated he agrees with Commander Gannon that Option 3 is more comprehensive, and provides the City with tools for regulation and licensing, as well as giving clarity and specificity. He added City staff supports the third option, as it is an improvement over the current ordinance. He noted it would be necessary to modify the City's licensing process. Mayor Willson stated that while he agrees that specificity can be very beneficial, he is unsure whether it should become a format for future ordinances. He added, in this case, it is a good thing, and he can support it. Councilmember Lawrence-Anderson stated she supports the third option, and she appreciates the definition of"movable place of business" in Part 2. Councilmember Kleven stated she supports the third option. Mayor Willson asked whether the proposed ordinances' first reading could be scheduled for the City Council's next Regular Session meeting. Mr. Boganey agreed, adding City staff would prepare new language to replace the existing ordinance, and publish the public hearing notice. Mayor Willson stated Commander Gannon should be proud of his excellent work on this issue, and thanked him for his review. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL 03/10/14 -3- Councilmember Ryan made a motion, seconded by Councilmember Kleven, to adjourn the Study Session at 6:42 p.m. RECONVENE STUDY SESSION Mayor Willson reconvened the Study Session at 6:58 p.m. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:59 p.m. 03/10/14 -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 March 10, 2014. 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 March 24, 2014, Regular Session. OWN—&" City Clerk Mayor 03/10/14 -5-