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HomeMy WebLinkAbout2019 04-22 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 APRIL 22, 2019 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Mike Elliott at 6:00 p.m. IZ�71� 1[�1�Ili Mayor Mike Elliott and Councilmembers April Graves and Dan Ryan. Councilmembers Marquita Butler and Kris Lawrence -Anderson were absent and excused. Also present were Deputy City Manager Reggie Edwards, Director of Public Works Doran Cote, City Engineer Mike Albers, Business and Work Force Development Coordinator Brett Angel, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested the following correction to the Study Session minutes of April 8,2019: Page 3, third paragraph, second sentence: "He added that the first 32 acres of the development site can hold a broad range of possibilities, but that property is not large enough to encompass everything that was discussed at the workshop." It was the majority consensus of the City Council to accept the correction to the April 8, 2019 Study Session minutes. Councilmember Graves requested clarification regarding Agenda Item 6f, Resolution Rejecting Bid. She asked why City Staff is recommending rejection of the bid. Director of Public Works Doran Cote stated there was only one bidder for the project, and the bid was $3 million over the City's estimate. MISCELLANEOUS Councilmember Ryan asked what site will be used for the upcoming summer pop-up markets. Deputy City Manager Reggie Edwards stated they will be held at the Opportunity Site. Business and Work Force Development Coordinator Brett Angel stated the first pop-up market is scheduled for June 8, 2019. 04/22/19 4- Mr. Edwards stated the two Councilmembers who were absent from the meeting may have communicated their absence to City Manager Curt Boganey. Mayor Elliott asked whether the City Council will attend the Prayer Breakfast, to be held Saturday May 4, 2019. Councilmember Ryan stated that is an individual decision whether Councilmembers want to attend. He added he has a family obligation that day. He noted the Mayor usually reads a proclamation at the breakfast. Mayor Elliott stated he plans to attend. He asked whether the City Council should reserve a table. Councilmember Graves stated she has a wedding to attend that day, but she will try to attend the breakfast. Mayor Elliott stated it would be good if a few Councilmembers could attend. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS LIQUOR LICENSE VIOLATION PENALTY POLICY DISCUSSION Mr. Edwards stated a public hearing was held in January related to a local establishment that had a liquor license violation. He added the City Council instructed City Staff to review the liquor license violation penalty policy, to determine what has been done in the past and review the policies of other local communities. Mr. Edwards requested City Council consideration of establishing an ongoing policy, as there is currently no set fee or fee schedule. He added other jurisdictions use a process that progresses from the first violation to revocation with the fourth violation. He noted the City Council had determined a fine of $1,000 of which 50% was to be paid immediately, and the remaining balance would be due if another violation occurred within a twelve-month period. Mr. Edwards requested the City Councils discussion and direction for developing a penalty policy for violations of the City's Liquor License Ordinance. Councilmember Ryan stated he would support a policy that is consistent with adjacent cities. He added a fine as well as suspension of license is too punitive. He asked whether the policy would apply to both on -sale and off -sale liquor. City Attorney Troy Gilchrist stated the City Council could decide how the policy will be structured as long as it falls within the criteria for reasonable and equitable standards. Councilmember Ryan asked whether there is sound basis for holding a public hearing if a problematic on -sale establishment reaches a fourth violation. Mr. Gilchrist stated the City is the only off -sale proprietor in Brooklyn Center. He stressed the importance of consistency. He added the creation of a penalty system would not replace due process, and a hearing would be appropriate even for the first violation. 04/22/19 -2- Mayor Elliott stated he would like to see which of the nearby jurisdictions have municipal liquor operations, and whether they have had to grant exceptions. He added the City could find itself in a tight spot with a penalty policy. Councilmember Graves stated there should not be a distinction between on -sale or off -sale liquor in this policy. She added there would still be due process. She noted she likes the City of Maplewood's policy, which is simple and straight -forward, and she would not be opposed to a suspension policy like the City of Golden Valley. Mayor Elliott agreed, although Maplewood's fee schedule is aggressive. He added a license revocation could be considered after a fourth violation. Councilmember Ryan stated he likes Golden Valley's approach, unless there is a third violation. He asked how that could be phrased in the Ordinance, related to 24 months before the violation. Mayor Elliott requested additional research. He added imposing a fine sends a strong message. He noted he would not support shutting down a business. Councilmember Graves stated the type of violation makes a difference, and types of violations should have different penalties. She asked whether other cities have a system of different levels of penalties. She added the establishment that had a violation that was the impetus for this discussion had a prior violation that was not the same. She noted she would like to see more information from other cities that have different levels of penalties. Mr. Edwards stated City Staff reviewed other cities' penalty structures, and there was no indication that the structures were based upon type of violation. Mr. Gilchrist stated the vast majority of violations are underage sales. Councilmember Graves stated she would like to review this issue again when there are more Councilmembers present. It was the majority consensus of the City Council to direct City Staff to provide additional information related to liquor license violations policy. Councilmember Ryan stated he would support a fee structure similar to Golden Valley. Mr. Gilchrist agreed to review the potential fee schedules and language related to due process and provide additional information for the City Council's review at their next Regular Meeting. ADJOURNMENT Mayor Elliott closed the Study Session at 6:45 p.m. 04/22/19 -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 Study Session of the City Council of the City of Brooklyn Center held on April 22, 2019. 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 May 13, 2019, Regular Session. bljxu6zv� Barbara Suciu, City Clerk 04/22/19 -4- Mike Elliott, Mayor