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HomeMy WebLinkAbout2016 03-14 CCM Study SessionMINUTES 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 14, 2016 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 April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested a revision to the City Council Regular Session minutes of February 22, 2016, to delete the last sentence of the last paragraph on page four: "He stated that a Level III rating is based on the level of re-offense." and to substitute it with the following language: "He stated that a Level III designation is given for offenders based on the violent nature of their offense and the assessment of risk for them to repeat their offense." It was the majority consensus of the City Council to accept the revision to the February 22, 2016 City Council minutes. Councilmember Lawrence-Anderson will read a letter from a resident regarding the TH252 Corridor project during the public hearing. Councilmember Ryan stated that he had received a letter that is included in Councilmembers packets from Gary Brown, former Brooklyn Park City Engineer, 7012 Willow Lane, regarding the TH252 Corridor project. He stated that Mr. Brown had agreed that his letter could be read during the public hearing. Director of Business and Development Gary Eitel stated that City Manager Curt Boganey requested that he be able to present agenda item lOb, An Ordinance Amendment Chapter 12, Section 12-901, of the City Code of Ordinances; Limiting the Density of Rental Housing in the City. Councilmember Ryan stated his only concern is the timing of events if the amendment is passed. 03/14/16 -1- It was the majority consensus of the City Council to table agenda item lOb when it comes up on the agenda until the March 28, 2016, meeting. Mayor Willson left the Council Chambers at 6:08 p.m. MISCELLANEOUS Councilmember Graves requested discussion on the Brooklyn Center Earth Fest Event and the possibility of having the City and Councilmembers involved. This issue will be added to the next available Work Session schedule. Mayor Pro Tern Ryan stated there is a proposed bill to require that all cities that charge franchise fees to private utility providers to mail notifications regarding the fees to City residents. If 15 percent of registered voters sign a petition, the City would be required to get approval from all registered voters to charge a franchise fee. He stated the City's franchise fee is nominal but generates significant revenue for the City. In 2015, it generated approximately $653,647. He stated that he is opposed to the bill, which would be contingent upon a tax bill being passed by the legislature. He stated if the City Council is in opposition to the bill, he would pass that information on. Councilmember Graves stated that she doesn't oppose the idea because it shows transparency and accountability. She realizes that it is irritating because the City's fees aren't that big and the money goes back into the City. Mayor Pro Tem Ryan stated that it is a philosophical argument. He thinks it stands in opposition to local control and contradicts the principal of representative government. He stated that most people would not look at this closely and it is the job of mayors and councilmembers to do their due diligence, communicate with citizens, and defend their decisions. If the public finds our leadership wanting, we will not be re-elected. He feels that it is how the system needs to work. He also stated that the franchise fees supplement special assessments on projects such as West Palmer Lake. Mayor Willson returned to the Council Chambers at 6:19 p.m. Councilmember Myszkowski stated there will be mailing and stand-alone election costs. She agreed that it would create transparency but could create a lot of extra work and expense. She asked who authored the bill. Councilmember Ryan answered that the author is Bob Vogel of Elko New Market. Councilmember Ryan stated that he opposes the bill and wanted to know how other Councilmembers felt about it. 03/14/16 -2- Mayor Willson stated he agreed with Councilmember Ryan that the City uses those dollars for infrastructure in Brooklyn Center, it has a direct bearing on those in construction zones, and the fees lower the cost for all residents. Councilmember Ryan stated it is an issue of fairness as well because the street utility capital improvement plan has utilized the franchise fees for many years. Mayor Willson stated that he recalled the debate on the franchise fees and at that time it was a dedicated funding mechanism. Councilmember Ryan stated that special assessments have remained the same in real dollars. Mayor Willson asked when the bill is coming up for a hearing. Councilmember Ryan replied that he will check on this. Mayor Willson asked that the City Manager look into this issue. Mr. Eitel stated that the franchise fees are an ordinance so there is a public hearing, but no mailings. Councilmember Ryan stated that the mailed notice is explicit in the bill and it would require additional costs to the City. Mayor Willson asked if there was a mailing if a fee was renewed. Mr. Eitel replied that there is a mailing if it is expanded. Councilmember Graves stated she doesn't feel that she knows enough about what other cities are doing. Mayor Willson agreed that more information needs to be garnered. Councilmember Graves inquired about added taxes on calling cards. She stated that the tax had increased by approximately a dollar. She is wondering where the tax is coming from and what we can do for our business owners and residents. Mayor Willson stated that it would have to be determined which political body is taxing and then what we can do about it. He asked if staff should be directed to report back to the City Council on the issue. It was the majority consensus of the City Council to direct staff to come back with a report. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS DISCUSS AN ORDINANCE AMENDING CHAPTER 35— ZONING OF THE CITY CODE OF ORDINANCES REGARDING DECKS AND PORCHES AS AN 03/14/16 ALLOWABLE ENCROACHMENT INTO CERTAIN RESIDENTIAL YARD SETBACK AREAS AND ADDING NEW DEFINITIONS OF DECKS AND PORCHES Planning and Zoning Specialist Tim Benetti provided an overview of the newly developed deck, porch, enclosed and unenclosed definitions; allowable encroachments; deck materials and architecture; setback changes; architecturally compatible language; and asked for the City Council's direction on policy questions posed in their packets. Councilmember Lawrence-Anderson thanked Mr. Benetti for his work on this ordinance. She stated that she thinks the changes are wonderful and what she had in mind when she previously brought it up. Councilmember Ryan also thanked Mr. Benetti for his work. He asked about larger decks being grandfathered in. Mr. Benetti replied that existing decks would be grandfathered in but would need to conform to existing standards when they are rebuilt. It was the majority consensus of the City Council to move forward. ADJOURNMENT The Study Session adjourned to Informal Open Forum with the City Council at 6:45 p.m. 03/14/16 -4- STATE OF MINNESOTA) COUNTY OF HENNEP1N) 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 14, 2016. 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 28, 2016, Regular Session. City Clerk Mayor 03/14/16 -5-