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HomeMy WebLinkAbout2015 07-13 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 JULY 13, 2015 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:02 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Director of Public Works/City Engineer Steve Lillehaug, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lawrence-Anderson pointed out a pronoun that should be changed from her to his on Item 7a, Resolution No. 2015-111, Expressing Recognition and Appreciation for the Dedicated Public Service of Sergeant Frank Roth. City Manager Curt Boganey stated that Attorney Myron Orfield was advised that the City Council meeting started at 7 p.m. MISCELLANEOUS Dog Ordinance—Open Forum Request to Change the Limit on Dogs City Manager Boganey stated that this discussion is in response to the request made by Carole and Deb Davis at the June 22, 2015, City Council meeting regarding an exception to the dog ordinance limiting the number of dogs to two. They currently have four dogs. Mr. Boganey stated that he indicated in his response to them that this issue would be brought before the City Council for review, consideration, and direction. Mr. Boganey stated that this is not the first time this issue has been raised and he believes an exception would require an ordinance amendment. Mayor Willson stated that an ordinance change would not help them because they are already out of compliance. He stated that if the City Council was to change its ordinance to allow for special circumstances then he thinks it should go through an entire ordinance change. 07/13/15 -1- Mr. Boganey stated that the City Council could suspend enforcement of the ordinance for a period of time and anyone in non-compliance would be treated similarly until the ordinance was amended or modified. Councilmember Lawrence-Anderson stated she would like to know if their living arrangement is permanent. Mr. Boganey stated that he did not think the ordinance allowed for a single case exception. He stated that it might be possible to direct staff to delay enforcement for a period of time for this specific case. Councilmember Myszkowski stated that she understands that dogs are incredibly important to the entire family, but if the City changes its process for one resident, it would have to do it for everyone. Councilmember Ryan agreed with Councilmember Myszkowski's comments. He related comments from a past Councilmember on how long the City Council struggled with establishing the ordinance standards. He suggested that a volunteer could take the dogs for a certain amount of time so that the homeowner could still see their dogs. Mayor Willson clarified that the homeowner and not the City would have to find someone to care for the dogs. Councilmember Graves stated that she believed two of the dogs were quite old. She does not think the ordinance should be revised, but thought it would be nice to have a way for someone to plead their case but acknowledged it could lead to a slippery slope. She stated that the idea of a surrogate home for the dog would be unlikely and she got the impression that the living situation was not a temporary one. She asked if the homeowner has received a citation. Mr. Boganey stated that as of today, there has not been a citation but the homeowner has been notified that they are in violation. He stated that the outcome of tonight's discussion will determine when the City moves forward with a citation. Councilmember Graves asked if anyone else has complained about the dogs. Mr. Boganey stated that he was not aware of any other complaints. Councilmember Graves asked how long the dogs have been there. Mr. Boganey replied that he got the impression that it had been a while. Councilmember Graves stated she feels bad that a disagreement between the neighbors led to the dogs being displaced. She suggested adding an element to the ordinance so that someone could plead their case. Mayor Willson recalled a previous dog issue when the City Council went by the ordinance despite negative press and news articles. He does not see why the City Council would equivocate at this time. 07/13/15 -2- Councilmember Ryan recalled the same issue and how hard it was. He stated that the story went national. He stated this is a very emotional issue, he does not want to trivialize it, and again suggested that the homeowner get someone to help them out. He stated that it seems reasonable to make allowances for a dog that has as strong emotional tie with the owner, but then everyone that would want more dogs would plead that case. Councilmember Myszkowski stated there are a significant number of studies that show the healing power of pets and recognizes that the family has suffered a serious loss. She is not saying that the ordinance should be changed but wondered where compassion fit in. She suggested a Staff study to determine what other cities are doing regarding compassion clauses. She also stated she is fully aware of what could happen if they opened the door. Councilmember Graves asked what happens if we do nothing. Mr. Boganey stated that a citation would be issued. If the violation continued, tickets, fines, and potential court action/order would follow. Councilmember Myszkowski stated if it got to that, the City would be back in the news. Councilmember Ryan suggested allowing citizens to apply for some sort of care dog certification, but he fears that this is outside the expertise of Staff and will place an additional burden on them. Mr. Boganey stated there is a provision under State law that citizens can apply for a service dog designation. If received, it would allow the person to have their dog even when other regulations might not allow it. He does not know if the homeowner's dogs would qualify but this would be one option available to the homeowner. Councilmember Myszkowski stated it is a long process to get a service dog designation. Councilmember Lawrence-Anderson stated she has a lot of empathy for the family but understands the City needs to limit the number of dogs. She would also like an opportunity to slightly amend the ordinance or to allow for the discretion of the City Council. Councilmember Graves spoke about the balance to set ordinances that hold people accountable. She stated she hates to have ordinances set up to protect citizens from the worst situations and then end up penalizing those that aren't really violating what the ordinance was set up to prevent. Mr. Boganey stated that he looks at ordinances as a blunt instrument. The issue is equal protection but the more ordinance complexity,the more likely it is to prove difficult to enforce. Mr. Boganey asked for further direction or consensus on a response to the homeowner. Councilmember Graves asked if the homeowner was aware of this process. Mr. Boganey replied that the homeowner was aware that this discussion would take place. Councilmember Graves asked if the homeowner was aware of the option of getting her dog certified. Mr. Boganey replied that he did not know if she was aware of the process, but he would make her aware of the option. Mayor Willson stated that a citation will still have to be issued. 07/13/15 -3- Mr. Boganey asked if the City Council would provide her with an additional 30 days to resolve her circumstances. Mayor Willson stated he would rather hear from the homeowner before providing the 30-day stay, noting the importance of following the processes already in place. Mayor Willson stated it is the consensus of the City Council to grant her the 30-day stay, but he does not agree. Councilmember Graves stated this would give the homeowner time to explore alternatives and she will be contacted again in 30 days. Mayor Willson clarified that the 30-day stay would start the day Mr. Boganey speaks to the homeowner. Councilmember Lawrence-Anderson stated this resolution shows that the City Council knows they have a job to do but there is compassion due to the circumstances. Other Mayor Willson stated that his Local Board of Appeal and Equalization certification expires this year and he is planning to attend their upcoming session. Councilmember Ryan stated he will be scheduling a session to maintain his certification sometime this year. Councilmember Graves asked if there are any other circumstances in which having the certification is helpful. Mayor Willson stated it was helpful in dealing with tax issues. Councilmember Lawrence-Anderson expressed her interest in being certified. Mayor Willson stated he has been asked to travel to Washington DC on July 23 and 24. Because this will be his second trip in a year outside of the State, he will need City Council approval. If approved, he would be attending a Building One America conference to be held at Georgetown University that will focus on cities dealing with racially diverse issues. There are ten mayoral scholarships being offered. Councilmember Ryan stated his approval to make an exception to the policy without changing it. It was the majority consensus of the City Council to authorize Mayor Willson to make a second trip outside of the State in 2015. Councilmember Graves asked about the date of the Brooklyn Bridge Alliance for Youth meeting. Mayor Willson stated that he will not be able to attend the July 22 Brooklyn Bridge Alliance for Youth session. 07/13/15 -4- Councilmember Ryan stated he would attend as the Mayor's alternate. Councilmember Myszkowski stated she will be unable to attend the August 24 City Council meeting. ADJOURNMENT Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Study Session at 6:40 p.m. 07/13/15 -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 July 13, 2015. 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 July 27, 2015,Regular Session. 4 r City Clerk Mayor 07/13/15 -6-