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HomeMy WebLinkAbout2008 10-27 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 OCTOBER 27, 2008 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 8:05 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Community Development Director Gary Eitel, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. The agenda was amended to include a discussion on the dogs and the Animal Ordinance as agenda item no. 5. PEDDLER, SOLICITOR, AND TRANSIENT MERCHANT REGULATIONS The discussion continued on the study session discussion on Peddler, Solicitor and Transient Merchant Regulations. There was discussion on the following in relation to peddler, solicitor and transient merchant regulations: ■ The term "transient" in relation to individuals offering lawn mowing services, boy scouts, girl scouts, etc. ■ Distinction between terms "peddler", "solicitor", and "transient merchant" ■ Whether there is an issue with the current ordinance or an issue with enforcement ■ Receiving input from the Police Department on what would be helpful in addressing enforcement ■ Education through a newsletter article on the subject ■ Including the subject in the city-wide survey on a broad list of issues and concerns Ms. Diane Sannes, 7006 Willow Lane N, appeared before the Council and stated her concerns regarding peddlers/solicitors knocking on doors and trying to get into homes. She stated in June she called the Police Department at least four to five times about this, and the police said they needed help getting something on the books so they can go after these people. She stated the other issue is the people selling things out of their trunks on Brooklyn Blvd. The people at the shops there have said they call weekly and the police don't come out. She has given examples to staff of what other cities are doing, and it has not been a problem with boy scouts and girl scouts. She stated the people going door to door are a concern in the spring and summer months and it is a crime concern. She suggested if an article is included in the City newsletter that it run in the spring edition. 10/27/08 -1- Mr. LeFevere advised that the only way to eliminate issues with the aggressive individuals that are knocking on doors is to require background information and have the police do a background investigation. If there is criminal activity in an individual's background it would provide the City with justification for turning that license down. He stated to really protect people from being bothered the City would need to consider a prohibition on soliciting, which is very difficult. He noted it is possible that there could be a deterrent effect with people that may stay out of a town with a licensing requirement if they did not want their background looked into. Support was expressed for working through the Police Department in the following ways: raise awareness of the enforcement issue; request information on the Police Department's concerns and suggestions on what would be helpful in addressing enforcement. Interest was expressed in requesting input from the Police Department on the benefits/costs of licensing and background checks as a deterrent. Concern was expressed that background investigations could become costly. The majority consensus of the City Council was to direct staff to work with the Police Department on the regulatory activities for peddlers, solicitors, and transient merchants by raising the awareness of the enforcement issue and requesting input and suggestions on what would be helpful in addressing enforcement. ANIMAL ORDINANCE Mr. Boganey provided Council with the Animal Ordinance, Section 1-109: Limit on Number of Cats and Dogs. Mayor Willson recited Animal Ordinance, Section 1-109. It was noted that the ordinance states individuals may not have more than two dogs, more than three cats, or a combination of more than five animals. Mr. LeFevere advised that the private kennel license was intended to take care of situations where someone already had more than two dogs when the ordinance was adopted. The Council at that time chose a limit of two dogs as the best way to regulate and the fairest to everyone. However, every City Council can decide whether they want to change the ordinance and allow more dogs or allow more dogs under certain circumstances. There was discussion on the following in relation to the ordinance and the request made at Open Forum by Mr. Ruppert to keep three dogs: ■ Kennel licenses are no longer issued ■ A change to the ordinance would not obviate the existing citation. However, prosecution would not necessarily be followed through, and a judge would not likely pay much attention to a charge if the ordinance has been amended. Mr. Boganey stated the individuals are in violation of the ordinance and there is not a provision in the ordinance to allow for a variance or a kennel license. This is a policy question for the Council as to whether to accept and enforce the ordinance as it currently exists or whether the Council would like to change the ordinance. The majority consensus of the City Council was to direct staff to draft a compassionate letter to Mr. Ruppert indicating the following: 10/27/08 -2- ■ The City Council is required to uphold the ordinance as it exists, which does not allow three dogs to be housed on property in the City ■ At this time the Council is not inclined to change the ordinance ■ Kennel licenses are not available in the City any longer LEGISLATIVE POLICIES REVIEW - LMC Mr. Boganey stated the City has until November 7, 2008 to forward any comments on the League of Minnesota Cities (LMC) 2009 Draft Legislative Policies. Staff has reviewed the policies and has not noted any objections. The majority consensus of the City Council was general agreement with the League of Minnesota Cities 2009 Draft Legislative Policies. Council members that wish to rank the policies will individually communicate their rankings to the LMC. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 9:40 p.m. Motion passed unanimously. 1 1 10/27/08 -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 October 27, 2008. 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 November 10, 2008, Regular Session. fowl v~ A-Z City Clerk l-~ Mayor 1 1 1 10/27/08 -4-