Loading...
HomeMy WebLinkAbout2016 03-28 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 28, 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 6:07 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, and Dan Ryan. Councilmember Lin Myszkowski was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Police Chief Tim Gannon, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Senate File No. 3126 and House File No. 3260 The City Council discussed Senate File No. 3126 and House File No. 3260 relating to allowing local governmental units to regulate the residency of Level III sex offenders; amending Minnesota Statutes 2014, Section 244.052, subdivision 4a. Mayor Willson stated he will be attending the Mayor's Conference in Bloomington tomorrow, but if the City Attorney advises the City should testify on this bill, he will change his plans. Councilmember Ryan stated if the City Attorney opines this Statute amendment would be of benefit to the City, he would like the City on record in support. He stated he does not know if that would necessitate someone on the City Council to testify, but he would still like a legal opinion. Councilmember Lawrence-Anderson asked if the proposed bill would give the City more power within the ordinance. Mr. Boganey stated he heard about the proposed bill so he did discuss it with the City Attorney earlier today. He explained the ordinance presumes that the City can enact these rules and regulations. The City Attorney's position is if the City's ordinance is challenged, a principal challenge will be whether the City's authority is preempted by the State. The City Attorney's position is if the proposed bill passes, it helps to resolve that challenge concern. If it becomes law, it is clear the City's authority is not preempted by the State. 03/28/16 -1- Councilmember Lawrence-Anderson stated if the proposed bill fails, the City's ordinance remains intact. Mayor Willson stated the City Council will have to discuss whether to move forward with the ordinance. Mayor Willson stated he would like an opinion of the City Attorney and League of Minnesota Cities but the City Council needs to make a decision tonight about whether to testify. He stated this is not a route he prefers to take as there is limited information. Councilmember Graves stated she understands the purpose of the bill but does not understand what is being debated by the City Council. She stated it would not hurt to be supportive and also to not change plans for tomorrow as there is not a huge incentive either way. She stated she likes that someone is paying attention to this at a City level and that the word 'proximity' was inserted, as she had requested. She suggested this topic be brought up when the City Attorney is present to provide an opinion. Councilmember Ryan asked if the City Council could add this topic to tonight's Work Session once the City Attorney gives an opinion. Mr. Boganey answered in the affirmative. Mayor Willson stated City Council consensus has been reached to add this topic to tonight's Work Session agenda, if needed, to consider the City Attorney's opinion. Discussion on this item continued and reached conclusion later in the Study Session. Correction to March 14, 2016, Regular Session Minutes Councilmember Lawrence-Anderson requested the following correction to the Regular Session minutes of March 14, 2016: Page 15 Add March 10. 2016:, to third bullet point under Councilmember Lawrence-Anderson's Council report. It was the majority consensus of the City Council to accept the correction to the March 14, 2016, Regular Session Council minutes. An Ordinance Amending Chapter 12 of the City Code of Ordinances Relating to Limiting the Residency Location of Certain Predatory Offenders Councilmember Ryan requested discussion on Item 8c, An Ordinance Amending Chapter 12 of the City Code of Ordinances Relating to Limiting the Residency Location of Certain Predatory Offenders, in particular the Section 12-1603, Exceptions. He noted that Exception 1 indicates: 'The person established the permanent residence or temporary residence and reported and registered the residence pursuant to Minnesota Statutes, Sections 243.166 and 243.167 or a successor statute, prior to October 2, 2015.' Councilmember Ryan asked whether the Minnesota Department of Corrections has such property in Brooklyn Center. Mr. Boganey stated staff is aware of none as of that date. 03/28/16 -2- Mayor Willson asked staff for an explanation of the maps that accompanied the report. Mr. Boganey displayed the PowerPoint Option 1 and Option 2 maps and explained what the symbols represented. Senate File No. 3126 and House File No. 3260 - continued Mayor Willson asked City Attorney Gilchrist for an opinion on Senate File No. 3126 and House File No. 3260 relating to what the State Statute is attempting to do. He stated he understands the City, as a Charter form of government, already has the right and ability to do this. City Attorney Troy Gilchrist stated the City Council received a letter that raised issues against the ordinance, one being preemption and that it is to the State to regulate. He thinks the proposed bill attempts to address that by giving the cities the authority to do this. City Attorney Gilchrist advised that absent the bills' language, the Legislature made it clear it left nothing for the locals to regulate. He stated his opposition is if that was the intent, they simply could have said that because absent that, there is a presumption of local government to regulate. He agreed with Mayor Willson that as a Charter City, Brooklyn Center has more authority to regulate this matter. Mayor Willson asked if the City puts an ordinance in place and that same argument is used in a challenge, would the City's ordinance be thrown out as the State has not granted the City the right to do this. City Attorney Gilchrist advised if a preemption argument wins on that basis, then that is correct. Mr. Boganey asked if this bill was adopted, would that make a difference. City Attorney Gilchrist answered in the affirmative as it removes the preemption argument as long as the reasonable argument is satisfied. Councilmember Ryan stated that then removes the question of whether cities have the authority since the State grants the authority to the City so the City is in a strong position if this language is put into the Statute. City Attorney Gilchrist answered in the affirmative as the bill expressly states the City has the authority to regulate. Discussion on this item continued and reached conclusion later in the Study Session. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. 03/28/16 -3- Senate File No. 3126 and House File No. 3260 - continued Mayor Willson asked whether he should give testimony on behalf of Brooklyn Center tomorrow. He also asked whether the City Council supported drafting a letter. City Attorney Gilchrist recommended, at a minimum, that a letter of support should be sent and it would be good for Mayor Willson to give testimony if that is possible. He noted the hearings can 'bounce around' in the schedule. Mayor Willson stated the hearing is tomorrow at 10:15 a.m. Mr. Boganey stated he will e-mail that letter of support to Mayor Willson prior to the hearing. Mayor Willson stated he will give copies to the authors of the bill. MISCELLANEOUS Great Shingle Creek Watershed Cleanup Update It was noted staff had provided a report relating to the Great Shingle Creek Watershed Cleanup scheduled on April 16, 2016. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS UPDATE ON THE 2016 LOCAL BOARD OF APPEAL AND EQUALIZATION MEETING Mayor Willson stated his Board of Appeal and Equalization training is current. Director of Business & Development Eitel introduced Hennepin County Principal Appraiser Rob Winge. Mr. Winge presented an update relating to the 2016 assessment and Local Board's procedures to prepare for this year's April 18, 2016, Board of Appeal and Equalization Meeting. He stated they are required to visit 20% of the City each year and this year looked at properties within the area located south of 65th Avenue N., north of 58th Avenue N., and north of 61st Avenue N. west of Shingle Creek Parkway to the western city limits. Next year the area directly north of this area will be reviewed. Mr. Winge explained how the properties are evaluated and adjustments made based on comparable sales, noting the average percentage of changes for each property type. He explained there are 8,605 taxable parcels in the City with a total market value of approximately $1.865 million including new improvements of $18 million. Mr. Winge reviewed metro and Brooklyn Center median prices. Mayor Willson stated he reviewed his personal records and noticed four different sets of numbers relating to residential market value and evaluations. Mr. Winge explained what the numbers reflect and agreed it is confusing, which is why the numbers have been color coordinated; Councilmember Ryan asked whether the process for the Board of Appeal and Equalization will be similar to that of last year. Mr. Winge answered in the affirmative and explained the process 03/28/16 -4- followed to re-evaluate the property's value. Councilmember Ryan stated if a property owner wants to appeal, he/she should attend the Board of Adjustment meeting and the City Council needs to recess rather than adjourn in order to consider that appeal. Mayor Willson stated there is a limit on what the City Council can consider for adjustment. Mr. Winge indicated it is 1% of the total value of the City. Mayor Willson thanked Mr. Winge for his report. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Study Session at 7:00 p.m. Motion passed unanimously. 03/28/16 -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 March 28, 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 April 11, 2016, Regular Session. jv^ / 2 City Clerk Mayor 03/28/16 -6-