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HomeMy WebLinkAbout2017 07-24 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 JULY 24, 2017 CITY HALL - COUNCIL CHAMBERS NRISXI] 1P]DIt The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:03 p.m. tiIU1 Mayor/President Tim Willson and Councilmembers/Commissioners Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. SHOPPING CENTER PROPERTY MAINTENANCE City Manager Curt Boganey stated Councilmember/Commissioner Butler requested a discussion of shopping center property maintenance and the City Council agreed to do so at a Work Session. He had provided a cover memorandum and Chapter 19, Public Nuisances and Petty Offenses Ordinance, that has been used to enforce these types of conditions on public and/or private property. Mr. Boganey stated the ordinance clearly encompasses all issues raised as a concern, specifically as it relates to rubbish and garbage on private properties. It is clear that a certain amount of accumulation of rubbish on private properties would constitute a public nuisance and if the City determines a public nuisance exists, the City can take enforcement action and abate the nuisance in a number of ways. Mr. Boganey reviewed the methods available to abate the nuisance including court action or administrative judge's decision. He noted the City has a number of legal options under this ordinance and the officers need to use reasonable judgment in determining what constitutes a nuisance and that a clear violation exists to create a public nuisance. Mr. Boganey stated he would like to talk about staffs perspective on what has been identified, in staffs opinion, relating to the extent to which litter and garbage and rubbish at shopping centers has been observed to exist. Then he would like the City Council's/EDA's input on their observations and perspective. Mr. Boganey explained the goal is for staff to be informed by the City Council/EDA's judgment. Mayor/President Willson stated the City must be consistent so there has to be general consensus on what constitutes a violation of the ordinance. 07/24/17 -1- Mr. Boganey stated over the years, this issue has existed at different shopping centers at different times and after numerous calls, complaints, and notices, staff has issued citations and fined the property. However, the City has not found it necessary to abate the nuisance at a shopping center. In recent years, staff has observed the Shingle Creek Crossing Center to have a consistent/on-going problem with litter and rubbish. It has been brought to the staff's attention by citizens, Council Members, and staff's own observations. Mr. Boganey explained the Code Enforcement Officers regularly drive through shopping center areas to determine if a littering violation exists. Mr. Boganey stated as it relates to Shingle Creek Crossing, the owner has a contract with Mid- America Management who is responsible for the upkeep and maintenance of that property. That does not include the Walmart property. In Shingle Creek Crossing, there are two responsible parties: Walmart and Mid-America. He stated staff has observed problems with both properties and had conversations with both companies. Earlier in the year, the trash receptacles by T.J. Maxx were overflowing, in clear violation of the ordinance. After talking to Mid-America about that issue, they made some adjustments and expanded the frequency that they checked to make sure the receptacles were dumped. Currently, it is staff's understanding that a service is provided by Mid-America 7 days a week to make sure the receptacles have been emptied. They have also assigned a person with the responsibility to make sure the litter is picked up from the sidewalks and parking lot five days a week. However, that person does not work on Saturdays and Sundays, which are the days of highest volume. When asked, Mid-America indicated this is the practice they follow with their other properties. Mr. Boganey stated Walmart has taken action that has helped, but the greatest location of concern is the T.J. Maxx area of Shingle Creek Crossing. He stated in previous years, none of the City's shopping center areas have had a problem with litter/rubbish to the level found with the Shingle Creek Crossing property. Mr. Boganey stated the alternative to using Code Enforcement as the exclusive tool, is to work with/encourage/convince landlords/property owners/property managers that it is in their best interest to make sure their property is maintained so the City is not strictly relying on a reactionary fine or Code Enforcement action to get movement. Mr. Boganey stated staff believes, specifically as it relates to Saturdays and Sundays at Shingle Creek Crossing, that the most effective thing to do at this stage is to make it absolutely clear, in writing with Mid-America and Walmart, that there is a need for them to beef-up their maintenance operations, particularly on those days and should they fail to take the appropriate steps, then the next actions will be fines, notices, and other forms of enforcement. Mr. Boganey stated staff thinks that has the likelihood of improving things substantially at Shingle Creek Crossing so that is staff's intention in order to make some improvement. Councilmember/Commissioner Ryan stated he has heard complaints from residents and supports Mr. Boganey's recommendation. He asked staff to tell property owners that the City has been firm on Code enforcement with residential properties and with citing the violation and imposing fines. 07/24/17 -2- Mayor/President Willson agreed and stated the City needs to be consistent in taking enforcement action. He stated before he was Mayor, he was cited for branches and sticks so he knows Code Enforcement is enforcing the Code. He stated during this discussion, citizens have come forward about Shingle Creek Crossing but the City cannot single out just those businesses and must be consistent in how the message is delivered. He recalled a property on France Avenue that was abated. Mr. Boganey stated it is staff's perception that in recent years/months, what has transpired at the Shingle Creek Crossing property, and to a lesser degree the Walmart property, is the most consistently egregious violator so that property is not being singled out because of who they are but rather in response to what has been a fairly consistent, on-going episodic issue as they may do well for a while and then become lax. Councilmember/Commissioner Butler stated she thinks this is a global area and Shingle Creek Crossing is one of the worst examples. She explained this bothers her because it is such a nice area and so much money and effort went into beautification of that area. She stated in other areas of the City, there are also businesses that are not keeping up their property. Councilmember/Commissioner Butler asked whether it can be clarified during the licensing process to make it clear that it is their responsibility to keep their property well maintained. She stated the burden is on the business owners or their staff to check the area ever so often, noting the Target near the City Hall does an excellent job in maintaining their property. Councilmember/Commissioner Butler stated this is important as the City is rebranding itself to improve its image. She thanked Mr. Boganey for bringing forward this information. Mayor/President Willson noted residences do not have a licensing component so it would not be consistent if the City were to consider the issue of property maintenance when licensing a business. However, the City can consider resident complaints and the City needs to be consistent when enforcing its ordinances. Mayor/President Willson commented on the importance of documentation and education and encouraged staff to take photographs and video so a record is created that can be shown to the courts, if needed. Mr. Boganey stated the City does not license those businesses so it has no licensing authority with respect to these businesses. He noted ideally, the City would want to approach the management company, owners, and tenants of the shopping center to provide a 'carrot and a stick' approach. He raised the option of introducing a beautification campaign and providing a positive incentive for property owners that do the right thing, noting that would be a positive incentive. Mayor/President Willson agreed that a beautification campaign across the entire City would be a good idea, similar to Lady Bird Johnson's beautification program. He agreed that the more the City can work with residents and businesses with both the 'carrot and stick' approach, the better the results will be. Councilmember/Commissioner Ryan stated this is also a recurring issue with accumulated garbage along Brooklyn Boulevard every spring after snowmelt. He noted it is the County's responsibility to maintain the boulevard areas but it takes a long time. Mr. Boganey agreed that 07/24/17 -3- has been an issue. Mayor/President Willson stated staff has done so well with the rebranding and logo rollout, this may be another campaign they can roll out throughout the City. Mr. Boganey noted that Code Enforcement is reactive so anything that can be done to prevent littering in the first place goes a long way. Mayor/President Willson agreed and stated it is more egregious littering than what has been seen in years past as it is a societal issue, which a campaign may help to address. Councilmember/Commissioner Lawrence-Anderson stated it is also an issue of common sense and if she sees trash when walking into a store, she picks it up and puts it in a trash receptacle. She stated people can complain but it only takes a few seconds to throw it away and resolve the issue. Councilmember/Commissioner Ryan stated perhaps staff can come up with a recommendation, as a natural outgrown of the branding campaign, and in keeping with improving the City's image to have a City-wide beautification campaign. He noted the Random Acts of Kindness process would lend itself to that effort. Mayor/President Willson agreed and mentioned several civic organizations that would probably be interested in lending a hand. Councilmember/Commissioner Graves stated littering is a concern for her and because she lives on Brooklyn Boulevard, constantly has trash blowing onto her property. She stated she finds that to be more objectionable than 8-inch high grass by how it looks and the damage to the environment. She supports the ideas of being tougher on businesses, making them more compliant with the ordinance requirements, bringing pride to the community, and being intentional about the enviromrient that will uplift the wellbeing of its residents. ADJOURNMENT Councilniember/Commissioner Graves moved and Councilmember/Commissioner Lawrence- Anderson seconded adjournment of the City Council/Economic Development Authority Work Session at 8:40 p.m. Motion passed unanimously. 07/24/17 -4- STATE OF MINNESOTA) COUNTY OF HENNEPfN) 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 July 24, 2017. 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 August 14, 2017, Regular Session. 22 City Clerk Mayor 07/24/17 -5-