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HomeMy WebLinkAbout2023.12.11 CCM REGULAR SESSION12/11/23 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 11, 2023 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in an Informal Open Forum called to order by Mayor April Graves at 6:43 p.m. ROLL CALL Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Also present were City Manager Reggie Edwards, Director of Fiscal & Support Services Angela Holm, Principal Engineer Lydia Ener, City Clerk Barb Suciu, and City Attorney Jason Hill. Mayor Graves opened the meeting for the purpose of Informal Open Forum. Amity Dimock, via phone, stated she is surprised and disappointed that the Expanded Response Policy is not on tonight’s agenda. She added she knows there are questions about the policy, but she thought a vote would be on tonight’s agenda. Mayor Graves apologized for the delay on this issue and thanked Ms. Dimock for her continued patience. Councilmember Jerzak read a comment from Peg Cars suggesting a Winter Solstice celebration. Katie Wright, via phone, stated she is the mother of Daunte Wright and a Co-Founder of the Daunte and Kobe Initiative, as well as the Chair of the Policy Work Group. She expressed disappointment that it is the end of 2023 and there has not been a vote on an Expanded Response Policy expansion in Brooklyn Center. She noted she was hopeful that the City of Brooklyn Center would be one of the first cities to initiate such a policy and take a lead on this issue. Ms. Wright stated she understands there are man y things that the City Council needs to address at the end of the year. She added there is nothing more important than public safety. She expressed frustration at this issue being pushed to 2024, and many community members do not understand why there has not been a vote yet. Diane Sannes noted the passing of Kristen Mann, former Brooklyn Center City Councilmember 12/11/23 -2- DRAFT from 1993-1996. She read the obituary for Kristen Mann. Ms. Sannes stated she attended the Metro Transit’s Adopt a Bus Shelter program event, and noted there are 15 shelters in Brooklyn Center. She encouraged residents to contact her if they wished to have their name or a message on a bus shelter. Julie B., via phone, thanked Community Center staff and all who planned the December event in connection with the Lions Club. Julie B expressed concern regarding the lack of equity with regard to certain City departments receiving more attention than others. She added it is troubling that this ask is applied to the City departments that are currently headed by black staff, and the tone of Finance meetings is very disturbing and constitutes a display of micro-aggression, allowing racism to continue, and it needs to stop. Julie B. stated this past summer there was an outcry for safety measures in the City’s parks, as people did not feel safe. Public Safety stepped in and filled the gaps, providing comprehensive support and communication and public engagement to address these issues. Public safety is a multi-faceted approach, and the City has had many successes. The work of certain City departments is not appreciated, and there is talk of cutting their budgets. This is a need for the community and must move forward for the City to shift and advance. Julie B. stated, that as a disabled single parent with limited income, she supports the levy and recognizes what it can mean for the community she loves to shift into a more collaborative and inclusive space. She added she hopes that this work can continue. Alfreda Daniels, via phone, asked whether public comments are being put in the record as there has been previous discussion regarding this issue. Mayor Graves confirmed this. Ms. Daniels stated she was disappointed with the tax increment financing discussion, to hear about discussions regarding specific programs led by black folks, or that benefit the black community. She added she hopes the community can work together. Laurie B. stated she emailed various links and information to the City Council regarding successfully implemented Expanded Response Networks around the nation, and particularly in Ramsey County and Minneapolis. She requested that the City Council review the information she forwarded to see how these programs are working in other communities. Councilmember Jerzak moved and Councilmember Kragness seconded to close the Informal Open Forum at 7:10 p.m. Motion passed unanimously. 2. INVOCATION 12/11/23 -3- DRAFT Mayor Graves stated this was the last City Council meeting of the year. There have been many changes in the City Council and City Staff. She expressed the importance of making sure that all voices are heard. She thanked her fellow Councilmembers, City Staff and community members. Mayor Graves read a Winter Solstice poem: May the dawn of the Winter Solstice chase the dark away. May it bring to you the promise of endless brand-new days. May all your sorrows vanish, and all your dreams come true. And may the light of the Winter Solstice always shine on you. Donna Fletcher Mayor Graves sang a few verses of “Have Yourself a Merry Little Christmas.” 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor April Graves at 7:14 p.m. 4. ROLL CALL Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Also present were City Manager Reggie Edwards, Director of Fiscal & Support Services Angela Holm, Principal Engineer Lydia Ener, City Clerk Barb Suciu, and City Attorney Jason Hill. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Butler moved and Councilmember Jerzak seconded to approve the Agenda and Consent Agenda, with the addition of Item 6j – Liquor Store 32 Lease, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. October 23, 2023 – Study Session 2. October 23, 2023 – Regular Session 3. November 27, 2023 – Study Session 4. November 27, 2023 – Regular Session 6b. LICENSES MECHANICAL 12/11/23 -4- DRAFT Kraft Contracting LLC 2415 Ventura Drive, Suite 100, Woodbury 55125 Vector Services 712 Vista Blvd, Suite 102, Waconia 55387 TOBACCO RELATED PRODUCTS Family Dollar #25110 2105 57th Ave nue N Speedway #4162 6545 West River Road Speedway #4058 1901 57th Avenue N Speedway #3192 6950 Brooklyn Boulevard Walgreens #4320 6390 Brooklyn Boulevard LIQUOR - INTOXICATING Topgolf 6420 Camden Avenue N Captain Crab Shack Inc. 1360 Shingle Creek Crossing #202 LIQUOR – OFF-SALE 3.2 Casey's General Store #3823 2101 Freeway Boulevard Speedway #4162 6545 West River Road Speedway #4058 1901 57th Avenue N Speedway #3192 6950 Brooklyn Boulevard LIQUOR – ON-SALE 3.2 50's Grill 5524 Brooklyn Boulevard LIQUOR - ON-SALE SUNDAY Topgolf 6420 Camden Avenue N Captain Crab Shack Inc. 1360 Shingle Creek Crossing #202 LIQUOR - CLUB Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard ENTERTAINMENT Jambo Africa, Inc. 1601 Freeway Boulevard 12/11/23 -5- DRAFT GASOLINE SERVICE STATION Speedway #4162 6545 West River Road Speedway #4058 1901 57th Avenue N Speedway #3192 6950 Brooklyn Boulevard RENTAL INITIAL (TYPE IV – six-month license) 6312 France Avenue N. O Oladeji & O OladeJi INITIAL (TYPE III – one-year license) 1100 69th Avenue N. Tyler Nash 5260 Twin Lake Boulevard E. Heron Verde LLC 5637 Emerson Avenue N. Tobi Agene / Osetohamen Agene 6721 Perry Avenue N. Abebayehu Wordofa INITIAL (TYPE II – two-year license) 6224 Quail Avenue N. Adetarami Aruna RENEWAL (TYPE IV – six-month license) 5144 Ewing Avenue N. Gracelands LlC (did not meet requirements) 5555 Dupont Avenue N. Maria Magdalena Velez (did not meet requirements) 6213 Chowen Avenue N. Nazneen H Khatoon (did not meet requirements) 6430 Toledo Avenue N. Touchstone Properties LLC (did not meet requirements) 6437 Kyle Avenue N. United Hmong Investment, Llc (did not meet requirements) 7025 Quail Avenue N. Edward E Laudat (met requirements) RENEWAL (TYPE III – one-year license) 6101 Beard Avenue N. 6939 Baird Llc Et Al C/o Rtg (did not meet requirements) 12/11/23 -6- DRAFT 2806 66th Avenue N. Thown Va Thor 5500 Knox Avenue N. MNSF LI W1 LLC (did not meet requirements) 5913 Upton Avenue N. Rosebella Nyaboke Ogoro (did not meet requirements) 6919 France Avenue N. Benjamin P A Hermantin Et Al (met requirements) 7119 Girard Avenue N. Pearsall Properties LLC (did not meet requirements) RENEWAL (TYPE II – two-year license) 2912 69th Lane N. Lydia S Kim 3301 Mumford Road Christina Duong & Danny Vo 5924 Dupont Avenue N. J Miller & D Miller 6430 Indiana Avenue N. Omolola Akinsoji 6820 Fremont Place N. Sharon Mcgary RENEWAL (TYPE I – three-year license) 5547 Lyndale Avenue N. Zoe M Hildreth 2001 54th Avenue N. Serendipity Investment Llc (met requirements) 3501 72nd Avenue N. Cosco Property I LLC 5101 63rd Avenue N. Adedamola O Ogundipe 5201 Ewing Avenue N. Infinite Property Llc 5501 Brooklyn Boulevard Mains’l Properties Llc 6325 Xerxes Avenue N. Linus N Amajuoyi 6618 Colfax Avenue N. Dhanraj Khemraj 6806 Perry Avenue N. Matrix Asset Solutions Llc 12/11/23 -7- DRAFT 6c. APPROVE THE 2024 CITY COUNCIL MEETING SCHEDULE 6d. RESOLUTION DESIGNATING POLLING PLACES FOR THE 2024 ELECTION 6e. RESOLUTION APPROVING THE 2024 FEE SCHEDULE 6f. APPROVE OF A MINOR AMENDMENT TO THE NOVEMBER 13, 2023 CITY COUNCIL MINUTES 6g. RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT, PROJECT NO. 23-26, BROOKLYN CENTER PARK INVESTMENT PLAN 6h. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 2 IMPROVEMENTS, PROJECT NO. 2021-5 6i. ACCEPTING GRANT FUNDS FROM THE TRANSPORTATION AND ECONOMIC DEVELOPMENT INFRASTRUCTURE (TEDI) GRANT, TO SUPPORT PHASE 1 OF THE OPPORTUNITY SITE 6j. LIQUOR STORE #2 LEASE Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS None. 8. PUBLIC HEARINGS 8a. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2024-01, ORCHARD LANE EAST IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Principal Engineer Lydia Ener reviewed special assessments for the Orchard Lane East Area Improvements, which include street and drainage improvements as well as utility improvements. No lighting improvements are proposed. Neighborhood meetings were held on August 3 and October 19, 2023. Lydia reviewed the project funding breakdown, for which special assessments will make up 12.2% of the overall total project funding. She reviewed project costs, assessment rates, and estimated payment amount of $3,852.00 with an interest rate of 5.5% as well as payment options. Ms. Ener stated City Staff recommends approval of resolution certifying special assessments for 12/11/23 -8- DRAFT Improvement Project No. 2024-01, Orchard Lane East Area Improvements to the Hennepin County Tax Roll. Councilmember Lawrence-Anderson thanked the City for allowing partial payments from residents. She added this is probably more administrative work, but it is very beneficial to many residents to be able to make partial payments. Councilmember Kragness asked whether there is a minimum amount that must be paid by residents to avoid interest. City Staff stated there is no minimum payment. Councilmember Jerzak moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. Mr. Ferbers, 7200 Fremont Avenue N, stated the process is very impersonal when the City is asking for such a large amount of money, and very few people showed up to the neighborhood meetings. He requested that City Staff consider contacting residents individually to ensure that they are informed about the process. Mr. Ferbers asked whether the City gives residents the option to widen their driveway, to accommodate bigger garages and more space for cars. Councilmember Kragness moved and Councilmember Jerzak seconded to close the Public Hearing. Motion passed unanimously. Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2023-119 Certifying Special Assessments for Improvement Project No. 2024- 01 Orchard Lane East Improvements to the Hennepin County Tax Rolls. Motion passed unanimously. 8b. RESOLUTIONS APPROVING UTILITY RATES FOR 2024 Ms. Holm reviewed proposed utility rates for 2024, including rate considerations, utility improvement projects including storm drainage, sanitary sewer and water utilities, and 2024 proposed rate changes. Councilmember Kragness asked how rates are determined, and whether this range is higher than last year. Ms. Holm stated City Staff reviews expenses and percentages during the budget process. She expressed the importance of keeping sufficient reserves in place. Ms. Holm stated the rates are higher as there was no street reconstruction project in 2023. Councilmember Butler left the Council Chambers. 12/11/23 -9- DRAFT Councilmember Kragness moved and Councilmember Jerzak seconded to open the Public Hearing. Motion passed 4-0. Randy Christiansen stated recycling has been getting more and more expensive, and residents are charged more for it. He added all residents are charged whether they recycle or not. He noted he would support going back to individual recycling. Councilmember Butler returned to the Council Chambers. Councilmember Kragness moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. Mayor Graves moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2023-120 Adopting 2024 Water Utility Rates, Fees, and Charges. Councilmember Jerzak voted against the same. Motion passed. Councilmember Jerzak stated he is voting against the Resolutions because he does not support the increases as residents are struggling to pay for basic needs, and the meter reading process has not been corrected. Mayor Graves moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2023-121 Adopting 2024 Sewer Utility Rates, Fees, and Charges. Councilmember Jerzak voted against the same. Motion passed. Councilmember Lawrence-Anderson moved and Mayor Graves seconded to adopt RESOLUTION NO. 2023-122 Adopting 2024 Storm Sewer Utility Rates, Fees, and Charges. Councilmember Jerzak voted against the same. Motion passed. Mayor Graves moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2023-123 Adopting 2024 Street Light Rates and Charges. Councilmember Jerzak voted against the same. Motion passed. Councilmember Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2023-124 Establishing 2024 Recycling Rates and Charges. Councilmember Jerzak voted against the same. Motion passed. 12/11/23 -10- DRAFT 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. AN ORDINANCE AMENDING CHAPTER 6 OF THE BROOKLYN CENTER CITY CHARTER City Attorney Jason Hill stated a City Charter amendment requires a unanimous vote of the entire City Council. He added this is the second reading of the Ordinance. He noted the amendment is recommended by the Charter Commission. Councilmember Lawrence-Anderson stated the City Charter, adopted in 1966, is very comprehensive, and very few changes have been made over the years. She added this amendment would require that a grant policy must be adopted. Councilmember Kragness stated the City Charter was adopted before the City had a grant policy. Councilmember Butler stated she does not support the Ordinance as the City Council should not amend the City’s governing document. Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to approve the Second Reading and adopt the Ordinance Amending Chapter 6 of the City Charter regarding Grant Policy. Councilmember Butler voted against the same. Motion failed. Dr. Edwards stated the proposed Ordinance would go back to the Charter Commission for review. 10b. RESOLUTION TERMINATING THE AGREEMENT FOR PROFESSIONAL SERVICES WITH NORTH METRO MINNEAPOLIS CONVENTION & VISITORS BUREAU (D.B.A. MINNEAPOLIS NORTHWEST TOURISM) Jason Aarsvold, Ehlers, reviewed recent history related to the City’s agreement with the North Metro Visitors Bureau (NMVB) and options that exist, as well as actions to be taken. Brooklyn Center has a lodging tax of 6%, collected for use on activities that promote the City itself. This is commonly undertaken by a destination marketing organization on behalf of the City, and the NMVB has managed this process for the Brooklyn Center for several decades. Mr. Aarsvold stated Maple Grove exited the NMVB in 2021, and both Brooklyn Center and Brooklyn Park passed resolutions to leave the organization but remain in partnership with each other. Withdrawal from the NMVB was eventually rescinded. A final agreement was approved in March 2023. 12/11/23 -11 - DRAFT Mr. Aarsvold stated Brooklyn Park terminated its agreement with the NMVB on November 27, 2023, citing a breach of contract. He added Brooklyn Center has the following options: continue under the current agreement or declare a breach of contract and provide notice to the MNTB terminating the agreement with a 9-month notice. He added City Staff recommends terminating the agreement under the 9-month notice provision. Councilmember Jerzak asked whether it would be legally necessary to form a new entity to manage this process. Mr. Aarsvold stated it is his understanding that City Staff may not be able to undertake these activities. He added State Statute requires that the funds are disbursed to a visitors’ or convention bureau. Mayor Graves asked how Maple Grove handled the situation. Mr. Aarsvold stated Maple Grove created their own organization. Councilmember Jerzak stated it does not make sense to him to undertake onboarding this type of organization. He added he feels this is not the best use of the funds and he will not support the motion. Councilmember Lawrence-Anderson stated she concurs and would vote to do nothing at this time. She added that NMVB Board members were present in the audience. She asked whether they could be allowed to speak as there was not ample time for them to speak during the Open Forum. She noted she has been pleased with the NMVB as they have advocated for the City, and it would be difficult to recreate a similar organization. She noted she would like to know if breaches were validated and give the NMVB an opportunity to respond. Councilmember Kragness stated Brooklyn Center does not have any direct issues with NMVB, and she would be interested to hear how the organization would be able to serve the City and focus on Brooklyn Center. Brett Hildreth, a volunteer member of the NMVB, stated a recent newspaper article presented opinions and allegations of a breach by Brooklyn Park, but the Board was not given the opportunity to provide input on the issue. He added the dispute is that a portion of the Board members were not satisfied with the NMVB’s recent search for a new CEO. He noted the new CEO is committed to the community, has diversified the Board, and brings excellent, relevant experience. Councilmember Kragness asked what would be done differently if Brooklyn Center remains with NMVB, in terms of opportunities. Mr. Hildreth stated the NMVB would entirely focus their marketing efforts on Brooklyn Center and provide marketing support for local small businesses. Mayor Graves stated she is on the NMVB Board. She questioned the feasibility of going it alone, and whether that is a good use of the funds. She added the NMVB meetings are very dysfunctional, and she would support giving more control to the cities it represents. She noted the CEO search was not done well as the process was flawed. She noted a meeting is scheduled for December 13, and she would recommend that the City continue with NMVB but with an out in 9 months if needed. 12/11/23 -12- DRAFT Councilmember Kragness stated a decision is being considered based on what the actions of Brooklyn Park. She added it would be fair to hear the allegations before making a decision. Mayor Graves stated it feels like a safe move for the City if there is an out in 9 months, which would give the City more options. She stressed the importance of shifting control back to the funders. Councilmember Jerzak moved and Councilmember Kragness seconded to continue under the current Agreement for Professional Services with North Metro Minneapolis Convention & Visitors Bureau, D/B/A Minneapolis Northwest Tourism. Mayor Graves voted against the same. The motion passed. 11. COUNCIL REPORT The City Council agreed to forego Council Reports in the interest of time. 12. ADJOURNMENT Councilmember Graves moved and Councilmember Butler seconded adjournment of the City Council meeting at 8:33 p.m. Motion passed unanimously.