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Home My WebLink About2017 11-27 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 27, 2017 CITY HALL - COUNCIL CHAMBERS 111th Ii'kEiIlJ[hU 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 Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Assistant City Engineer Andrew Hogg, Director of Community Activities, Recreation and Services Jim Glasoe, Communication Coordinator Angel Smith, Interim Community Development Director Michael Ericson, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Roger Kloster, 7223 Lee Avenue, stated he has been a resident for many years and spoken before about establishing a senior water consumption rate. He noted with the senior sewer rate, you have to be 62 years of age, two people maximum, and not in an apartment. He stated he would not include low income residents unless meeting the same formula. Mr. Kloster expressed concern with the request of Chipotle Restaurant for a liquor license, thinking they may be trying to recoup income lost during the time they experienced problems with e-Coli. He believed the request was also problematic due to the Restaurant's close location to the Transit Station. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. i4'kIISI I [SAl Councilmember Graves commented on the Thanksgiving holiday with family celebrations, injustices against indigenous people of America, and shared a poem as the Invocation. 11/27/17 -1- The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:03 p.m. Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Community Activities, Recreation and Services Jim Glasoe, Communication Coordinator Angel Smith, Director of Business and Development Gary Eitel, Assistant City Engineer Andrew Hogg, Interim Community Development Director Michael Ericson, Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 'J MDI )in we] WARM V[ The Pledge of Allegiance was recited. r1. J($1'IAI MIS] ilI DKJ I7V'kI )XES]iFi DI1fl DII )7I Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study/Work Session, Regular Session, and Work Session minutes of November 13, 2017, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.November 13, 2017— Study/Work Session 2.November 13, 2017— Regular Session 3. November 13, 2017— Work Session 6b. LICENSES CHRISTMAS TREE SALES PTQ Company dba: Rum River Tree Farm GASOLINE SERVICE STATION Royalty & Sons, Inc. MECHANICAL Heating & Cooling Design, Inc. Liberty Comfort Systems MH Plumbing, Inc. 5040 Brooklyn Boulevard 6044 Brooklyn Boulevard 13234 Urbank Court NE, Blame 627 East River Road, Anoka 6725 277th Avenue NW, Isanti 11/27/17 -2- RENEWAL (TYPE III— one-year license) Marvin Garden Townhomes 6710 Orchard Lane N. 4707 Eleanor Lane 6801 Fremont Place N. 7119 Halifax Avenue N. 6443 Marlin Drive 5924 Washburn Avenue N. 5925 Washburn Avenue N. RENEWAL (TYPE II two-year license) Willow Lane Apartments 7015 Brooklyn Boulevard 3224 67th Avenue N. 5510 France Avenue 7212 Lee Avenue N. TOBACCO RELATED PRODUCT Burr Street Market, Inc. dba: Quick Shop Royalty & Sons, Inc. Walmart #5625 Redevco Management Company Chen Xuan Zhou Kuku LLC Jami Stromberg Trevor Tj elmeland Ryan McLuen Missing 1 ARM Meeting Cheng Lor Jason Quilling Haymath Dasrath Kin Chew Qiang Fang 5808 Xerxes Avenue N. 6044 Brooklyn Boulevard 1200 Shingle Creek Crossing 6c.RESOLUTION NO. 2017485 GRANTING APPROVAL TO THE HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO PROVIDE A DIRECT CONTRIBUTION AND FILE AN AFFORDABILITY COVENANT ON THE LYN WOOD POINTE APARTMENT COMPLEX PID NUMBER 26-119-21-44-0070 6d.RESOLUTION NO. 2017-186 ADOPTING AMENDMENTS TO THE FUND BALANCE AND CLASSIFICATION POLICY OF THE BROOKLYN CENTER CITY COUNCIL CODE OF POLICIES Motion passed unanimously. J1DF1 tW'd I [I1Fi tIIEt,'d i[I]Fifl.i 9(EIIIhI I I [I]F!i - None. 8. PUBLIC HEARINGS 8a. CONSIDERATION FOF PUBLIC UTILITY RATES FOR 2018 Finance Director Nate Reinhardt introduced the item and stated the City operates five different utilities. The purpose of the proposed Resolutions is to set rates for City provided utility services for 2018. It was noted that at the October 16, 2017, Joint Work Session of the City Council and 11/27/17 -3- Financial Commission, staff had presented the expected expenditures for operations of the City's utility services for 2018. The expenditures include total direct and indirect costs including depreciation of capital assets and administrative costs. The Work Session also included projections of revenue needed for 2018 and the next 15 years to keep operations running smoothly and fund the infrastructure improvements needed in each of the utility systems. Mr. Reinhardt explained the cash flow analysis for each of the five utilities indicate anticipated rate changes necessary to maintain targeted cash balances during the construction of the utility improvements associated with the City's 15-year Capital Improvement Plan (CIP). Mr. Reinhardt presented a chart depicting rates for the City's utilities recommended for 2018 as detailed in the staff report. He described the City's tiered rates, noting the utility bill for a household using 18,000 gallons of water (the typical residential user) there would be no change in the water, sanitary sewer, street light, or recycling costs. Storm Sewer would increase by $.29 per quarter (a 2% increase and first increase in eight years) in order to maintain cash reserves, fund operations, pay for debt service, and finance infrastructure improvements. If approved, the proposed rates would become effective on January 1, 2018, for the Storm Sewer Utility. Mayor Willson suggested this information be shared with Mr. Kloster. Councilmember Ryan offered to do so. Mr. Reinhardt presented a chart depicting a residential utility bill for a typical user. Mayor Willson noted the State has addressed organic recycling, which is in the City's next budget as a pass through to residents. Mr. Reinhardt stated that is correct and the City's contract company also handles recycling. City Manager Curt Boganey explained the City would probably go out for bids to private contractors in how to handle organic recycling. He noted Hennepin County regulates recycling and has historically provided Brooklyn Center with a subsidy to help keep recycling costs down. But, over the next three to four years, in order to incent providing organic recycling, Hennepin County will be reducing that subsidy and instead provide it to cities providing for organics. So, if the City does not move to handle organics, the subsidy will disappear and rates will increase. Mr. Boganey stated since Brooklyn Center went in with Brooklyn Park, more competitive bids were received so he anticipates the normal recycling rate, starting in 2019, will go down based on the most recent bids received. Mr. Reinhardt reviewed a comparison chart of water utility rates with nine peer communities, noting Brooklyn Center is the third lowest. With the sanitary sewer comparison, Brooklyn Center is below the peer group average. The storm sewer rates put Brooklyn Center at the third lowest and below the peer group average. Mr. Reinhardt stated he does not anticipate large increases but there will probably be small increases, keeping the City in the lower range with peer cities. He also presented a rate comparison for the street light utility and recycling. Mayor Willson announced there would be one Public Hearing held for all five utility rates. Councilmember Ryan moved and Councilmember Butler seconded to open the Public Hearing. 11/27/17 -4- Motion passed unanimously. Helen Osonowo, 2318 55th Avenue N., asked why the rates were not compared with Brooklyn Park as they are closer. Mayor Willson explained that Brooklyn Park has 85,000 residents while Brooklyn Center has 35,000 residents so peer communities were used in the comparison that are more similar. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. 1.1j AIkF:iibs]ADOPTING IWAT ER UTrn I i'a RATES,DIi! FEES, AND Councilmember Butler moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2017-187 Adopting 2018 Water Utility Rates, Fees, and Charges. Motion passed unanimously. 2.RESOLUTION NO. 2017-188 ADOPTING 2018 SEWER UTILITY RATES, FEES, AND CHARGES Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2017-188 Adopting 2018 Sewer Utility Rates, Fees, and Charges. Motion passed unanimously. 3.RESOLUTION NO. 2017-189 ADOPTING 2018 STORM SEWER UTILITY RATES, FEES, AND CHARGES Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2017-189 Adopting 2018 Storm Sewer Utility Rates, Fees, and Charges. Motion passed unanimously. 4.RESOLUTION NO. 2017-190 ADOPTING 2018 STREET LIGHT RATES AND CHARGES Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2017-190 Adopting 2018 Street Light Rates and Charges. Motion passed unanimously. 11/27/17 -5- 5. RESOLUTION AND CHARGES Mayor Willson moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2017- 191 Establishing 2018 Recycling Rate and Charges. Motion passed unanimously. 8b. BLOCK 2, SHINGLE CREEK CROSSING, AND OUTLOT A, SHINGLE CREEK CROSSING 2ND ADDITION Assistant City Engineer Andrew Hogg introduced the item, discussed the history, and stated the purpose of the proposed Resolution to vacate certain easements associated with the Shingle Creek Crossing redevelopment in connection with the proposed final plat of Shingle Creek Crossing 6th Addition. It was noted that this item was published in the official newspaper on November 9, 2017, and is offered for Public Hearing this evening. Mr. Hogg explained the developer is requesting release and termination of the easements that are either no longer needed or are being replaced by new easements. The easements proposed to be released and terminated are: That part of the drainage and utility easements, over, under, and across Lot 1, Block 2, Shingle Creek Crossing, and Outlot A, Shingle Creek Crossing 2 Addition, Hennepin County, Minnesota. Councilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2017-192 Vacating All Easements Within Lot 1, Block 2, Shingle Creek Crossing and Outlot A, Shingle Creek Crossing 2 nd Addition. 9.PLANNING COMMISSION ITEMS - None. 10.COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL 11/27/17 -6- LICENSES Mayor Willson explained the streamlined process that will now be used to consider Type IV 6- Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Helen Osonowo, 2318 55 Avenue N., asked what the formal process entailed. Mayor Willson explained the City Council would request a staff presentation and then the City Council would hear questions of the property owner. Mr. Boganey clarified the action before the City Council is to approve the mitigation plan and license. Should the property owner want to change the mitigation plan, then they should speak to the City Council at this point. If not, then the City Council will consider the license for approval. Ms. Osonowo requested a hearing. Mayor Willson called for a motion on Agenda Items 10a2 through lOalO. lOal. 2318 55th AVENUE NORTH 10a2. 509 61st AVENUE NORTH 100. 1600 71st AVENUE NORTH 10a4. 2023 BROOKVIEW DRIVE 10a5. 7031 HUMBOLDT AVENUE NORTH 10a6. 6413 REGENT AVENUE NORTH 10a7. 4501 WOODBINE LANE 10a8. 6006 ZENITH AVENUE NORTH 100. RESOLUTION NO. 2017-193 APPROVING A TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 2006 BROOKVIEW DRIVE lOalO. RESOLUTION NO. 2017-194 APPROVING A TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7143 FRANCE AVENUE NORTH Councilmember Graves moved and Councilmember Butler seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 509 61 " Avenue North; 1600 71st Avenue North; 2023 Brookview Drive; 7031 Humboldt Avenue North; 6413 Regent Avenue North; 4501 Woodbine Lane; 6006 Zenith Avenue North; and adopt RESOLUTION NO. 2017-193 Approving a Type IV 6-Month Provisional Rental License for 2006 Brookview Drive; and, RESOLUTION NO. 2017-194 Approving a Type IV 6-Month Provisional Rental License for 7143 France Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 11/27/17 -7- lOal, 2318 55TH AVENUE NORTH Interim Community Development Director Michael Ericson advised that 2318 55th Avenue North was inspected and 25 property code violations were cited and ultimately corrected. There have been zero validated police incidents/nuisance calls within the last 12 months. This property qualifies for a Type IV six-month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Mr. Ericson reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan and all applicable ordinances. Councilmember Ryan moved and Councilmember Graves seconded to open the hearing. Motion passed unanimously. Helen Osonowo, 2318 551 Avenue N., stated she did not believe this should be a Type IV license as it was based on reports and calls made by one neighbor. She recounted problems they have experienced with one neighbor and asked if there is a way to know what the reports were about. She stated they even installed a fence to try and resolve the problems. Ms. Osonowo asked what is the process to get a Type I license. Mayor Willson asked whether the neighbor referenced who is making calls of complaint lives near the rental property. Ms. Osonowo stated that is correct and that neighbor said they would try everything possible to get rid of them. Mayor Willson explained the criteria used to determine license type relates to police calls and in this case, there were none. In addition, Property Code violations are considered and directly affect licensure. With this property, 25 property code violations were cited so it is a Type IV. Ms. Osonowo stated the violations have been resolved and approved by staff. She asked if that could change it to a Type 1. Mayor Willson explained when a license comes up for renewal, the best thing the property owner can do is assure there are no violations. Otherwise, the license goes from a Type I to a Type IV and to be consistent with all rental properties across the City, the City Council has to be consistent in its consideration and action. Ms. Osonowo asked whether there is anything in between. Mayor Willson stated there is also a Type II and a Type III. Councilmember Graves explained the property code violation criteria and stated in this case, 25 violations result in a Type IV license. Mr. Boganey concurred that in order to assure all are treated equally and fairly, the City Council is required to issue a license type based on code violations and valid police calls. Ms. Osonowo thanked the City Council for their consideration and staff for its good work and presentation. 11/27/17 Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Graves seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 2318 55 1h Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. IL ___._EIiIJ[I1 IN I]ti Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: o November 13, 2017: Planning Session for Highway 252 Improvements o November 14, 2017: Lion's Free Spaghetti Dinner • November 16, 2017: Hmong New Year Event • November 21, 2017: Interviewed by Northwest City Politics for a Cable TV program • November 28, 2017: MAC meeting • November 29, 2017: League of Minnesota Cities Board Meeting • December 5, 2017: Neighborhood Watch Captains Appreciation Dinner Councilmember Lawrence-Anderson did not have a report. Councilmember Graves reported on her attendance at the following: • November 15, 2017: Raising Places Community Engagement Event • November 18, 2017: Launch Party for Legalization of Marijuana • November 19, 2017: Rebecca Otto for Governor Fund Raiser • November 20, 2017: Youth Council Meeting • November 21, 2017: Community Recreation Activity Commission Meeting Councilmember Graves extended her condolences to the family of Minneapolis Police Officer Rick Moss, who was an advocate for youth and a leader. She reviewed her Strength Finders results that showed her number one strength is Strategic and stated she would like to know the Mayor's and Councilmember' s top strengths. Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: • November 15, 2017: Crime Prevention Meeting • November 16, 2017: Hmong New Year Event • November 28, 2017: ACER Neighborhood Gathering Event Mayor Willson reported on his attendance at the following events: 11/27/17 -9- • November 16, 2017: Hmong New Year Event • November 17, 2017: Met with Mr. Boganey • Bell Ringing Shift at CUB for the Salvation Army • November 21, 2017: Rotary Luncheon • November 20, 2017: Chasing the Dragon Showing Mayor Willson referenced the business card layout provided by staff, noting all members will need new cards, and asked when the new City buttons will be available. Dr. Edwards stated the buttons will be ordered shortly. , .—' IMI1II Ih!AIl I Councilmember Graves moved and Councilmember Butler seconded adjournment of the City Council meeting at 7:55 p.m. Motion passed unanimously. 11/27/17 -10- 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 27, 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 December 11, 2017, Regular Session. City Clerk Mayor 11/27/17 -11-