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HomeMy WebLinkAbout2017 11-13 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/WORK SESSION NOVEMBER 13, 2017 CITY HALL - COUNCIL CHAMBERS [W i [IXI]tl I] 31 1 The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. iiIu Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Interim Community Development Director Michael Ericson, Planner and Zoning Administrator Ginny McIntosh, 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 Councilmember Butler requested discussion on Item 6k, An Ordinance Amending Chapter 11 of the City Code of Ordinances Regarding Liquor License, in particular whether there would be a staff presentation and City Council discussion. City Manager Curt Boganey explained unless it is removed from tonight's Consent Agenda, it would be approved in one vote and the public hearing would be set for December 11, 2017. During that public hearing, the item would be discussed. Councilmember Butler stated she had several questions she would like to ask. Mr. Boganey suggested the City Council raise their questions now during the Study Session. Councilmember Butler asked whether current and new liquor licenses are approved by City staff as they are submitted or by City Council action. Mr. Boganey stated the liquor license is reviewed by staff to assure the applicant meets all conditions for a liquor license and then the liquor license is approved by the City Council. He explained if the applicant does not meet all the required conditions, then staff should not present it to the City Council for consideration. Councilmember Butler asked when the Ordinance amendment would be effective and how it would impact businesses. Deputy City Manager Reggie Edwards stated as the liquor licenses are submitted, it would be effective this coming spring. Mayor Willson stated after that the fee would be prorated during the year. 11/13/17 -1- DRAFT Councilmember Butler stated a constituent asked whether more than one business/restaurant within a building can have a liquor license. If not, she asked if the new ordinance addresses that issue. City Attorney Troy Gilchrist advised nothing is being changed relating to setbacks. With regard to the fees, the City Council can adopt a resolution to put it into effect right away or the fees can go into effect this coming year. Councilmember Butler stated she was approached by the business next to New Horizon Academy in Humboldt Square Shopping Center so maybe it is the location that is the issue. Mayor Willson stated the current ordinance has different criteria. Mr. Boganey stated no modifications are being made to the location criteria for a licensed property so whatever rules were in place before with location, would still be in place. He stated staff will follow up with the question about distance requirements within Humboldt Square Shopping Center. However, he thought it may relate to the location of the day care. Councilmember Butler asked what can be done if the ordinance is changed and there is an increase in police calls generated by licensed liquor establishments. Mayor Willson stated the City Council can take action on an individual liquor license if there is an issue with increased calls. Mr. Boganey stated staff would determine first whether the increase in calls is related to the liquor license and if that is the case, the City Council could make changes to the ordinance to address that issue. Councilmember Ryan stated it seems the most important changes are the reduction in seating requirements, removing a set of class distinctions, and food ratio. He stated he is pleased to see those changes with this amendment, noting if equivalent fees are charged and with these changes, it levels the playing field. He expressed caution about creating just drinking establishments with a low food to liquor ratio and if that occurs, it can be addressed. Mr. Boganey stated it also addresses the 1 a.m. to 2 a.m. license so the hours would have to be consistent with State law, which has a 1 o'clock limit unless special authorization by the City has been granted to extend beyond 1 o'clock. He advised a dramatic number of police calls occur after 1 o'clock for establishments that have a liquor license until 2 o'clock. Mayor Willson stated if there are special requests, such as the Super Bowl, the City Council can consider that special request. Mr. Boganey concurred and stated the City Council can make minor changes after the public hearing if issues need to be addressed. Dr. Edwards noted another change is to the square footage, which allows smaller establishments to serve liquor. Councilmember Butler thanked Dr. Edwards and Mr. Boganey for staff's work on this to quickly address these issues. 11/13/17 -2- DRAFT Correction to Consent Agenda Item 6f, Resolution Accepting Feasibility Report, Declaring Costs to be Assessed and Calling for Improvement and Assessment Public Hearings for Improvement Project Nos. 2018-01, 02, 03 and 04, Firehouse Park Area Street, Storm Drainage, and Utility Improvements Mayor Willson referenced Consent Agenda Item 6f, page 12 of the feasibility study, noting it shows the high school has a private sewer line that runs into the ground and not being connected. He stated this sewer line should be shown as connecting to the sewer line on 65th• Mr. Boganey stated staff will address that issue. k'A I 01'PP Parking Regulations Councilmember Graves stated she received a constituent call asking questions about parking regulations, ticketing, and towing. She requested this topic be scheduled for discussion including how many cars are towed in the winter, night plowing routes, and if some street parking should be allowed. Mayor Willson stated there is no street parking from 2 a.m. to 6 a.m. He stated he has been ticketed twice for parking at the curb, with an $85 fine, so he knows officers do ticket for parking violations. Mr. Boganey stated staff has collected a lot of data over the last six months to one year and discussed the same issues relating to demand and complaints. He stated staff could pull together enough information to prepare a report and hold a meaningful discussion on this topic at an upcoming Work Session. Councilmember Ryan stated the complaints he received are overwhelming to enforce the 2 a.m. to 6 a.m. parking ban. He stated he looks forward to that discussion. Councilmember Graves stated that is also one of the complaints she received related to parking on Xerxes Avenue. Mr. Boganey stated that is the complaint calls staff receives also, to enforce the parking ban. Councilmember Butler stated this topic was raised this summer at one of her group discussions by apartment residents in the Shingle Creek Crossing area. Because they only get one parking spot per apartment, they have to park in the street and are getting towed. She also supported holding this discussion. The majority of the City Council supported directing Mr. Boganey to schedule this topic for discussion at an upcoming Work Session. Increasing Legal Age to Purchase Tobacco Products to 21 Years of Age Councilmember Ryan stated he would like to poll the City Council on the issue of raising the legal age to purchase tobacco products to 21 years of age. Mayor Willson explained this question should be phrased whether the City Council would like to have this topic placed on a 11/13/17 -3- DRAFT Work Session agenda and stated he would support that discussion. Councilmember Ryan rephrased his question to ask whether the City Council would support placing this topic on a future Work Session agenda for discussion. Councilmember Graves stated she has been approached about that topic but thought there may be other more important topics. However, she would not object to holding that discussion. Mr. Boganey noted the Brooklyn Bridge Alliance for Youth will be taking up this topic this season with the intent to bring their perspective before the City Council. He asked whether the City Council wants to delay their discussion until receiving that perspective. Mayor Willson pointed out there is a similar consideration related to the age for drinking as they are old enough to serve in the armed forces yet restricted from purchasing alcohol. He noted there are studies saying if young people are not smoking by the age of 21, they are likely to not smoke the rest of their lives. The majority of the City Council supported directing Mr. Boganey to place the topic of raising the legal age to purchase tobacco products to 21 years of age for discussion at an upcoming Work Session along with the Brooklyn Bridge Alliance for Youth's perspective. Prevailing Wage Mayor Willson referenced Mr. Boganey's Friday update relating to the League of Minnesota Cities support of prevailing wage, which he also supports. Increase in Police Calls Mayor Willson commented on the 46% increase in police calls at The Crest Apartments that is managed by Aeon. He stated this is very concerning and will be discussed during tonight's Work Session. I 0 I1J EI1tI r&iin 1 i aii OiLI DII 7.111 IWI I kI DI M 1k' II CITY COUNCIL DISRUPTIONS POLICY Mr. Boganey introduced the item that had been raised by Mayor Willson at a recent Study/Work Session concerning the Minnesota Supreme Court's decision in State vs. Hensel, a case that arose out of a disruption of two Little Falls, Minnesota, City Council meetings. City Attorney Troy Gilchrist referenced his written report, indicating the important thing to point out is that it was not getting at the ability of the City Council to control the meeting but rather the constitutionality under which the person was charged. The court found it was overly broad, would limit protected speech, and over reaching. That was the thrust of the case. Gilchrist offered two options for the City Council's consideration: 1) adopt a policy establishing Rules of Conduct; or, 2) adopt an ordinance to prohibit disruptions. He advised his recommendation would be to adopt a policy establishing Rules of Conduct. 11/13/17 -4- DRAFT Mayor Willson stated his support to consider a policy. He stated he agrees that signs in the front row should be smaller than 4 feet by 4 feet so all in the Chambers can see the proceedings. Also, he was concerned with the nature of the pictures in this court case which were of deceased fetuses/children, which may be offensive for Councilmembers to be looking at. Or, there could be other things found to be offensive. Mayor Willson noted as long as it is not content based and they are not being disruptive, then it would have to be allowed. Mr. Gilchrist stated that is correct and while there is a line that could be crossed, even 'fighting words' have to be pretty explicit before you can decide if it's gone too far. He noted the First Amendment does not prevent us from being offended and the court has found that does not allow you to regulate it, even if you are offended. Mayor Willson stated his concern when elected officials have fewer rights than ordinary citizens, and this is one of them. He stated the presiding officer would have to make that determination and know expressly how to implement that based on the activity that is going on in the Chambers. Mayor Willson stated he hopes the City Council does not come across this but has in the past and a regional road with public hearings will be coming up that could fall into this category. He stated his hope that the City Attorney is in attendance during those proceedings and able to advise on the decision. Councilmember Ryan stated common sense would suggest the Mayor and City Council have the right to conduct an orderly meeting in respect to all participants but with strict scrutiny, if you stray into First Amendment issues. He asked what is the legal basis of the City to claim the right to an orderly meeting. Mr. Gilchrist advised there are different levels of scrutiny applied to restrictions on speech. Strict scrutiny is an unbeatable standard to meet. But being in a limited public forum (Council Chambers) and if not involving content restrictions, then it would be under intermediate scrutiny which is still a high bar to reach but less strict than trying to regulate something like a person standing on the street with a sign, who has more First Amendment rights applied. Mr. Gilchrist advised when people talk at the podium about that issue, that speaker has less protection under the First Amendment than the person with the sign standing on the street. He stated the City Council has business to conduct and people do not have the right to be repetitive or go over time restrictions. He said the City Council has the right to impose reasonable restrictions so they can move on to conduct City business and/or hear others in the audience. Councilmember Ryan asked whether the City Council can place restrictions as long as under due process standards all are treated the same (same number of minutes to address the body) and the City Council has the authority to set those ground rules. He also asked whether that has been tested. Mr. Gilchrist stated there have been different court challenges, but it has not been an issue as long as the rules are uniformly applied and the rules are not used to screen out topics the City Council does not support. 11/13/17 -5- DRAFT Mayor Willson referenced the sample policy language and asked if an individual can come to speak to any agenda item. He stated he does not agree with that process and would like that topic discussed. He noted if there is a disruption, it generally takes an officer to deal with the trespasser so he would ask whether an officer had to be staffed at the Council meetings knowing it can happen at any time, Mr. Boganey stated this policy, if adopted, for all intents and purposes, does not change the City Council's authority to have someone removed for disrupting a City Council meeting so the way things have operated for the last ten years would not change. Or, if a disruption is anticipated, then an officer would probably be asked to attend. Mr. Gilchrist explained the Little Falls policy was provided only to give an example, and he would recommend if the City Council is supportive of a policy, they direct staff to draft a policy and resolution for consideration at a future meeting. It was the majority consensus of the City Council to direct staff to draft a policy establishing Rules of Conduct and a resolution of adoption for discussion at a future meeting. i*i [s] siii [s]e1w iu s] iui&vi v i:r.I i 'I.iuicsiu i Mayor Willson closed the Study Session at 6:40 p.m. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Butler seconded to reconvene the Study Session at 6:51 p.m. Motion passed unanimously. I)] !s!uJ1J D I aii Director of Business and Development Gary Eitel introduced the item and presented the components that would be contained in the drafting of the Fifth Amendment to the Shingle Creek Crossing Tax Increment Development Agreement: address the developer's assignment of its rights to purchase the EDA parcel to Ridgecrest Investors LLC (dba Told Development) process the Shingle Creek Crossing 6th Addition, the replat of Lot 1, Block 2, Shingle Creek Crossing, and Outlot A; extension of the Additional Improvement Note Maturity Date to complete the 239,000 square foot additional commercial development within Shingle Creek Crossing from December 31, 2018 to December 31, 2021; redevelopment of the Kohl's lot (Lot 2, Block 2, Shingle Creek Crossing) to the Phase II parcels identified for the 230,000 square foot of additional improvements that will be constructed and obtain certificates of occupancy permits; and, clarifications regarding the placement of a transitional screening fence on Food Court Pad Sites 9 and 10 pending the future development of these two pad sites to complete the Food Court improvements. 11/13/17 -6- DRAFT Mr. Eitel stated staff is recommending the City Council provide direction to staff regarding the drafting and processing of a Fifth Amendment to the Shingle Creek Crossing Tax Increment Development Agreement. Mayor Willson stated he has no problem with a bank use even though it was not one of the listed options. He stated he would hate to see the developer overextend and have empty buildings, so he thinks a transitional screening fence is the better short-term option. Councilmember Ryan concurred and stated it is logical the Kohl's property is included in Phase 2 because the developer has owned that building for some time and he was surprised it was not part of the original Shingle Creek Crossing project. He stated the developer has 'gone to bat' for the City and taken on a very challenging project so he would support this. The majority consensus of the City Council was to support the Fifth Amendment to the Shingle Creek Crossing Tax Increment Development Agreement and direct staff to move it forward. )MS1II ikIk'A I DKI I Mayor Willson adjourned the Study Session at 6:59 p.m. 11/13/17 -7- DRAFT 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 Session of the City Council of the City of Brooklyn Center held on November 13, 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 November 27, 2017, Regular Session. City Clerk Mayor 11/13/17 -8-