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HomeMy WebLinkAbout2015 11-23 CCM Regular SessionMINUTES 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 NOVEMBER 23, 2015 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Mary Maas, 5207 66th Avenue N, spoke about regulating residency location of predatory offenders and the October 29t11 article in the StarTribune regarding the number of predatory offenders in Brooklyn Center. She stated she has worked with sex offenders and they have changed their lives after treatment. She stated that if they can find jobs and housing, they can succeed. She would like the City to think about the ramifications of their housing ordinances. She stated that there are a lot of success stories that are not in the paper and communities do not recognize that 90% of victims know their offender; and 90% of sex offenders have not had a previous conviction. She spoke about a Department of Correction study that showed that there is not a correlation between residential proximity and sex offense recidivism. She stated that one of the two sex offenders wanting to move into the community wanted to buy a house and his offense was 25 years ago. She knows that the community is afraid, but would like the City to study the issue and get the facts. Mayor Willson stated that the moratorium is being put into place to allow time for the issue to be studied. June Paschke, 7213 West Palmer Lake Drive, spoke about the proposed sidewalk on the west side of Palmer Lake Drive. She presented a count of walkers, cars, and buses coming to and from Palmer Lake School that was done from October 30, 2015, to November 5, 2015, by residents. The count showed that there were 28 walkers on Woodbine and Palmer Lake Drive and 1,150 cars and buses for the week. She stated that parents are driving their kids to school. She provided the City Council with the traffic count and stated that residents do not think they 11/23/15 4- need a sidewalk for five houses on their side of the street. She said the sidewalk creates a safety issue for the kids, as they shouldn't have to cross the street. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:58 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Lawrence-Anderson offered the invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Myszkowski moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.November 2, 2015 - Joint Work Session with Financial Commission 2.November 9, 2015 - Study/Work Session 3. November 9,2015—Regular Session 6b. LICENSES CHRISTMAS TREE SALES PQT Company dba Rum River Tree Farm 5040 Brooklyn Boulevard GASOLINE SERVICE STATION Royalty & Sons, Inc. dba Brooklyn BP 6044 Brooklyn Boulevard 11/23/15 -2- MECHANICAL Knight Heating & Air RENTAL RENEWAL (TYPE III— one-year license) 341362 d Avenue N 5201 Drew Avenue N 5121 France Avenue N 5524 Knox Avenue N 7212 Lee Avenue N 7021 Unity Avenue N 6012 York Avenue N 13535 89th Street NE, Otsego Lee Mixson Missing Two ARM Meetings Ahmed Omar Invitation Homes Michael Ude Qiang Fang Missing Two ARM Meetings Geri Lynn Williams Presley and Korpo Hanson RENEWAL (TYPE II— two-year license) 3819 61st Avenue N Fred Hanus 6435 Bryant Avenue N Thomas Kaiser RENEWAL (T)PE I— three-year license) 5328-30 Queen Avenue N Chad and Amy Bucher 5724 Logan Avenue N Konstantin Ginzburg 5532 Morgan Avenue N Der Lee/Chayeeling Xiong 3216 Poe Road Matt Just SIGNHANGER 4 Front LLC dba Icon Installation TOBACCO RELATED PRODUCT Royal Tobacco Royalty & Sons, Inc. dba Brooklyn BP 8603 34 '1'Street N, Lake Elmo 5625 Xerxes Avenue N 6044 Brooklyn Boulevard 6c.RESOLUTION NO. 2015-174 AUTHORIZING THE CITY MANAGER TO WRITE OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND RETURNED CHECKS 6d.RESOLUTION NO. 2015-175 ESTABLISHING THE INTEREST RATE FOR 2016 SPECIAL ASSESSMENTS 6e. RESOLUTION NO. 2015-176 ESTABLISHING 2016 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 11/23/15 -3- None 8. PUBLIC HEARINGS 8a. CONSIDERATION OF PUBLIC UTILITY RATES FOR 2016 This item was published in the official newspaper on November 5, 2015, and is offered for Public Hearing this evening. Finance Director Nate Reinhardt presented rate considerations; the 2016 proposed rate changes; the residential utility bill impact; Public Authorities Loan (PFA) information; a water utility rate comparison with other communities; a sanitary sewer utility rate comparison with other communities; a storm sewer utility rate comparison with other communities; a street light utility rate comparison with other communities; and a recycling utility rate comparison with other communities. Councilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. 1.RESOLUTION NO. 2015-177 ADOPTING 2016 WATER UTILITY RATES, FEES AND CHARGES Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2015-177 Adopting 2016 Water Utility Rates, Fees and Charges. Motion passed unanimously. 2.RESOLUTION NO. 2015-178 ADOPTING 2016 SEWER UTILITY RATES, FEES AND CHARGES Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2015-178 Adopting 2016 Sewer Utility Rates, Fees and Charges. Motion passed unanimously. 3. RESOLUTION NO. 2015-179 ADOPTING 2016 STORM SEWER UTILITY RATES, FEES AND CHARGES 11/23/15 -4- Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-179 Adopting 2016 Storm Sewer Utility Rates, Fees and Charges. Motion passed unanimously. 4.RESOLUTION NO. 2015-180 ADOPTING 2016 STREET LIGHT RATES AND CHARGES Councilmember Graves moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-180 Adopting 2016 Street Light Rates and Charges. 5.RESOLUTION NO. 2015-181 ESTABLISHING 2016 RECYCLING RATE AND CHARGES Councilmember Myszkowski moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2015-181 Establishing 2016 Recycling Rate and Charges. 8b. INTERIM ORDINANCE NO. 2015-13 IMPOSING A MORATORIUM ON THE LICENSING AND OPERATION OF NEW RENTAL DWELLING UNITS AND IMPOSING TEMPORARY REGULATIONS ON THE RESIDENCY LOCATION OF PREDATORY OFFENDERS WITHIN THE CITY This item was first read on October 26, 2015; published in the official newspaper on November 5, 2015; and is offered this evening for second reading and Public Hearing. Mr. Boganey highlighted Sections 3.01, 3.02, and 3.03 of the ordinance. He went over Section 4 of the ordinance and noted that it specifically references Level III predatory offenders. He stated that the intent of the interim ordinance was to provide 120 days to study the number of rental licenses in single family neighborhoods to determine what, if any, impact concentrations of rental properties may have in single family neighborhoods and to possibly come back to the City Council with recommendations to modify the ordinance to limit concentrations of single family homes that are being converted to rental units. He stated that over the last several years there has been an escalation in the number of single-family homes that have been converted to rental properties and the City felt that it was important to take time to determine the impact and any actions for the future. The issue of Level III predatory offenders and a reasonable concentration within the City will also be studied. There are currently six offenders in the City, which makes it the second highest per capita of any city within Hennepin County. Only the City of Minneapolis has more than six offenders. The purpose of the moratorium is to come back to the City Council with final standards and recommendations, which would limit the total number and/or concentration and location with respect to the proximity of places where children congregate. Mayor Willson stated that it was his understanding that one of the six sex offenders living in the City has already re-offended. 11/23/15 -5- Mr. Boganey stated his understanding that one of the six offenders has violated the provisions of their probation. If true, that offender will probably return to prison. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt Interim ORDINANCE NO. 2015-13 Imposing a Moratorium on the Licensing and Operation of New Rental Dwelling Units and Imposing Temporary Regulations on the Residency Location of Predatory Offenders Within the City. Councilmember Myszkowski stated that she appreciated Ms. Maas expressing her concerns and she has some of the same concerns. She does not want to become the city that does not offer redemption but the issue needs to be addressed because of upcoming changes in laws regarding the incarceration of predatory offenders. She stated that the vast majority of Hennepin County has no predatory sex offenders and she feels that there is an inequity in distribution of where offenders live. She stated that her job is to do what is best for the City and this impacts the image of the City and businesses coming here. She stated she has a lot of questions but will be voting for the interim ordinance. Councilmember Ryan displayed a map of Hennepin County showing the concentration of predatory offenders and stated this is an issue of fairness and equity. He stated there is a need for housing, but allowing offenders to be concentrated in Brooklyn Center and Minneapolis is entirely inappropriate. This is a huge societal problem that should not be solely the burden of communities like Brooklyn Center. He stated that the moratorium is on rental licenses in R- 1 districts and it is very important that this be passed because the nature of the City is based on single-family neighborhoods and single-family ownership. He stated that this is a 120-day moratorium to study problem and he will be voting in favor of it. Councilmember Lawrence-Anderson stated she will be voting for the interim ordinance because of her questions regarding the high concentration of offenders in the City and being at the level of Minneapolis. She questions why the concentration is so inequitable in the northeast section of Hennepin County and will vote for the moratorium so that Councilmembers have time to study the issue and make a good decision. Councilmember Graves stated she appreciates the comments of Councilmembers and residents. She stated that re-entry and rehabilitation is important to her because she believes in redemption 11/23/15 -6- but she agrees that there is a huge disparity in the distribution of predatory offenders. She thinks that part of the reason Brooklyn Center is getting more offenders is its proximity to North Minneapolis and it is also related to the economic demographic of the neighborhood. She thinks this is an important step and may help other cities throughout the state. Mayor Willson stated he will vote for the moratorium. He stated that North Minneapolis will not accept any more sex offenders and three zip codes are currently excluded from accepting Level III predatory offenders. One of the zip codes is 55430, but does not include the city of Brooklyn Center. He stated that if offenders cannot be located in Minneapolis and North Minneapolis they are going farther north. His fear is that when the new court ruling is implemented in four to six months, the City will have many more because of its affordable housing. He read a city- data.com website disclaimer and stated that the website specifically lists the number of Level III predatory offenders living in Brooklyn Center, their aliases, their multiple victims, and crime details. He stated that he realizes that they may have been rehabilitated to some extent, but he has read a number of articles on Level III sex offenders and has worked with some at the St. Peter Regional Treatment Center and in his opinion, it is very difficult to ensure that a Level III sex offender will not re-offend. He encouraged Councilmembers to view the website. Motion passed unanimously 9.PLANNING COMMISSION ITEMS None 10.COUNCIL CONSIDERATION ITEMS None 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • November 10, 2015: Meeting on the Twin Cities Regional Economy Hosted by Keith Ellison • November 13, 2015: Visited Evergreen Elementary School During Their Fall Festival • November 18, 2015: Metro Cities and League of MN Cities Joint Annual Meeting • November 20, 2015: North Hennepin Chamber of Commerce Lunch • November 24, 2015: MAC Meeting at Brooklyn Center Police Department • November 28, 2015: Lions Club Bell Ringing for the Salvation Army at Cub • December 1, 2015: Annual Appreciation Dinner for Neighborhood Watch Captains • December 4, 2015: CEAP Holiday Event • December 6, 2015: Holly Sunday Event Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • November 17, 2015: Reception for Headway Emotional Health Services 11/23/15 -7- • November 17, 2015: Earle Brown Days Board Meeting • November 18, 2015: CEAP Board Meeting • December 4, 2015: Making Spirits Bright CEAP Holiday Event Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • November 17, 2015: Earle Brown Days Board Meeting • November 18, 2015: Odyssey Academy School Board Meeting • December 6, 2015: Holly Sunday Event Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • November 10, 2015: Co-chaired the Northside Youth Collaborative Meeting • November 17, 2015: Park and Recreation Commission Meeting • November 18, 2015: Crime Prevention Meeting • November 18, 2015: Curriculum Re-design Meeting for the Brooklyn Center School District • November 24, 2015: Multicultural Advisory Committee Councilmember Graves reported that she has received a request to co-facilitate at the Minneapolis Police Chiefs Youth Summit. Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • November 13, 2015: Veterans Celebration at King of Grace Lutheran School • November 18, 2015: Chaired the Brooklyn's Alliance for Youth Meeting Mayor Willson cited the following facts found on the previously mentioned city-data.com website: Minnesota has one in a population of 11,050 Level III sex offenders; Hennepin County has one in 7,010; and the City of Brooklyn Center has one in 5,107. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 7:54 p.m. Motion passed unanimously. 11/23/15 -8- 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 Regular Session of the City Council of the City of Brooklyn Center held on November 23, 2015. 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 December 14, 2015, Regular Session. 4ndM City Clerk Mayor 10/23/15 -9-