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HomeMy WebLinkAbout2018 02-12 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 FEBRUARY 12, 2018 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 Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Public Works Doran Cote, Interim Community Development Director Michael Ericson, Planner and Zoning Administrator Ginny McIntosh, 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. Shantal Nyabwari, 9317 Minnesota Lane N, Maple Grove, community organizer with ACER, read and presented a petition outlining the Victoria Townhome resident's concerns related to double payment of rent if unable to prove it has been paid, issuance of unlawful detainers, deteriorated living conditions, safety violations, and discrimination against Section 8 holders. The petition also outlined improvements the residents would like and encouraged involvement of the City of Brooklyn Center. She asked that this item be placed on the next City Council agenda. Elizabeth Pollard, 1849 Washington Avenue, Minneapolis, intern with ACER, introduced herself. Mayor Willson stated the City Council is aware of these issues from the ACER meeting and has scheduled Work Sessions in February and March to discuss affordable housing. Diane Sannes, 7006 Willow Lane, announced that Wing Stop will re-open in two weeks. She asked when the City last reviewed the ordinance regulating the sale of tobacco, license fee structure, and violation fee structure. City Manager Curt Boganey asked Ms. Sannes if her request to review the tobacco licensing process has a particular objective in mind. Ms. Sannes stated she wanted it reviewed so the City Council is aware they have been approving tobacco licenses through the Consent Agenda process. 02/12/18 -1- Randy Christensen, 7001 Regent Avenue N., stated he knows the City is working on locating a dog park but he wanted to voice his support as well. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:56 p.m. Motion passed unanimously. 2.INVOCATION In honor of Black American History Month, Councilmember Lawrence-Anderson read a 1966 quote from Robert F. Kennedy as 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 Wilson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Public Works Doran Cote, Interim Community Development Director Michael Ericson, Planner and Zoning Administrator Ginny McIntosh, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Graves moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Work Session minutes of January 22, 2018, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.January 22, 2018— Study/Work Session 2.January 22, 2018 - Regular Session 3. January 22, 2018— Work Session 6b. LICENSES LIQUOR - ON-SALE INTOXICATING Centerbrook Golf Course 5500 North Lilac Drive 02/12/18 -2- Jambo Africa Restaurant and Bar LIQUOR - SUNDAY SALES Centerbrook Golf Course Jambo Africa Restaurant and Bar MECHANICAL Alternative Mechanical Solutions Glowing Hearth & Home K & S Heating A/C & Plumbing, Inc. Riccar Heating & Air Team Mechanical, Inc. RENTAL INITIAL (TYPE II— two-year license) 6215 Bryant Avenue N. RENEWAL (TYPE III— one-year license) 130765 th Avenue N. 350172 nd Avenue N. 6131 Bryant Avenue N. 6610 Colfax Avenue N. 5807 Dupont Avenue N. 6316 Quail Avenue N. RENEWAL (TYPE II— two-year license) 2018 55th Avenue N. 3813 61St Avenue N. 6626 Camden Drive 5548 Dupont Avenue N. 5426 Fremont Avenue N. 6353 Halifax Drive 5748 Humboldt Avenue N. 5449 Lyndale Avenue N. 7018 Regent Avenue N. 5304 Vincent Avenue N. RENEWAL (TYPE I— three-year license) 4019 Joyce Lane 6448 Willow Lane N. 6500 Willow Lane N. 1601 Freeway Boulevard 5500 North Lilac Drive 1601 Freeway Boulevard 3810 240 t" W, Farmington 100 Eldorado Drive, Jordan 4205 Highway 14 W, Rochester 2387 Station Parkway NW, Andover 3508 Snelling Avenue, Minneapolis Tuuyen Tran Chai Thao Cosco Properties LLC c/o MSP Home Rental (Missing 2 ARM meetings) Jun Wang RHA 3,LLC Todd Havisto and Dave Baumann (Missing all action plan items) Tim Xiong Cosco Properties LLC do MSP Home Rental Dhaneshwarie Himraj Jeremy Ronnebaum Sutton John Ford Lindahl Matthew Klein Charles Anderson RHA 3,LLC Living Well Disability Services Danny Vo Pao yang Invitation Homes Dragon Property Management Dragon Property Management 02/12/18 -3- 6c.RESOLUTION NO. 2018-29 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS AND DELINQUENT WEED REMOVAL COSTS 6d.RESOLUTION NO. 2018-30 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR UTILITY REPAIRS 6e.RESOLUTION NO. 2018-31 AUTHORIZING THE CITY MANAGER TO WRITE OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND RETURNED CHECKS 6f.RESOLUTION NO. 2018-32 IMPOSING A CIVIL PENALTY FOR A LIQUOR LICENSE VIOLATION AT JAMMIN WINGS IN THE CITY OF BROOKLYN CENTER 6g.APPROVAL OF APPLICATION AND PERMIT FOR A TEMPORARY ON-SALE LIQUOR LICENSE FOR CHURCH OF ST. ALPHONSUS, 7025 HALIFAX AVENUE NORTH, FOR A SOCIAL EVENT TO BE HELD APRIL 28, 2018 6h.RESOLUTION NO. 2018-33 OF SUPPORT FOR THE MISSISSIPPI GATEWAY REGIONAL PARK 6i.RESOLUTION NO. 2018-34 AUTHORIZING ACQUISITION OF EASEMENTS FOR BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 1, PROJECT NO. 2018-05 6j.RESOLUTION NO. 2018-35 SUPPORTING APPLICATIONS FOR 2018 CORRIDORS OF COMMERCE PROGRAM FOR TRUNK HIGHWAY 252 FREEWAY CONVERSION AND ADDING MNPASS LANES 6k. RESOLUTION NO. 2018-36 APPROVING FINAL PLAT FOR NORTHTOWN PLAZA 4TH ADDITION 61. RESOLUTION NO. 2018-37 APPROVING THE LABOR AGREEMENT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 (POLICE OFFICERS AND DETECTIVES) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2018 AND 2019 Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING FEBRUARY 15, 2018, "NOT FOR SALE DAY" TO RAISE AWARENESS ABOUT SEXUAL EXPLOITATION 02/12/18 -4- Councilmember Graves moved and Councilmember Ryan seconded to adopt PROCLAMATION declaring February 15, 2018, "Not for Sale Day" to raise awareness about sexual exploitation. Councilmember Graves noted that February is also Teen Dating Violence Awareness Month and she will be sharing information on how to prevent it. Mayor Willson read in full a Proclamation declaring February 15, 2018, as "Not for Sale Day" in the City of Brooklyn Center to raise awareness about sexual exploitation. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2018-02 AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND GENERALLY LOCATED IN THE NORTHWEST SECTION OF THE CITY, GENERALLY SITUATED BETWEEN HIGHWAY 94 TO THE SOUTH, 68TH AVENUE NORTH TO THE NORTH, BROOKLYN BOULEVARD TO THE EAST, AND NOBLE LANE TO THE WEST, AND LOCALLY IDENTIFIED AS 4435 68TH AVENUE NORTH AND 4321 68TH AVENUE NORTH, RESPECTIVELY Planner and Zoning Administrator Ginny McIntosh introduced the item, discussed the history, and stated the purpose of the proposed Ordinance to amend Chapter 35 of the City Code to rezone 4321 and 4435 68 1h Avenue North from C2 (Commerce) District to PUD/C2 (Planned Unit Development/Commerce) District. This request relates to rezoning 4435 68' Avenue North and 4321 68th Avenue North, which are owned by Luther Company, LLP. It was noted this item was first read on January 22, 2018; published in the official newspaper on February 1, 2018; and, is offered this evening for second reading and Public Hearing. Councilmember Ryan moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. No one appeared to address this item. Councilmember Graves moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Graves, seconded to adopt ORDINANCE NO. 2018-02 Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land Generally Located in the Northwest Section of the City, Generally Situated Between Highway 94 to the South, 68th Avenue North to the North, Brooklyn 02/12/18 -5- Boulevard to the East, and Noble Lane to the West, and Locally Identified as 4435 68th Avenue North and 4321 68th Avenue North, Respectively. Mayor Willson stated his support of the Luther Company. Motion passed unanimously. 8b. RESOLUTION NO. 2018-38 APPROVING PROJECTED USE OF FUNDS FOR 2018 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY Interim Community Development Director Michael Ericson introduced the item to conduct a public hearing and accept input from the public regarding use of funds for the 2018 Urban Hennepin County Community Development Block Grant (CDBG) Program. He reviewed the background of this item, described past use of CDBG funds, and explained that this year Hennepin County will retain and allocate 15% of public service funds. Mr. Ericson presented 2018 CDBG activity with Neighborhood Stabilization, Code Enforcement ($150,000), and Home Rehabilitation Program ($86,300). He stated the resolution allocates funds similar to previous years with the exception of the public service funds that are now directly allocated through Hennepin County. It was noted this item was first read on January 8, 2018; published in the official newspaper on January 25, 2018; and is offered this evening for Public Hearing. Councilmember Ryan moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. Christopher Fleming, 6427 Camden Avenue N, Apt. 104, stated he saw the three reasons to use the grant and asked for an explanation of how they were established. Mr. Boganey explained the federal regulations identify three objectives for use of funds to benefit low- to moderate-income persons, prevent or eliminate slums and/or blight, or meet other urgent community needs. The two programs proposed are for Code Enforcement (prevention or eliminating of slums and/or blight and benefiting low- and moderate-income persons) and the other is Housing Rehabilitation benefiting low- to moderate-income persons, preventing or eliminating slums and/or blight). Mayor Willson further explained the City Council has a priority to maintain its housing stock and these funds are used in a fashion to maintain housing stock to prevent sub-par housing. Mr. Fleming asked what the funds have been used for since 1970. Mayor Willson stated that is the case for the past ten years and the difference this year is that Hennepin County now considers allocation of the public service funds. Mr. Boganey stated prior to 2008, a significantly larger amount of the funds were used for the Housing Rehabilitation Program but some of those funds have now been shifted to Code Enforcement. 02/12/18 -6- Mr. Fleming supported thinking about using the funds in other ways such as youth development or community centers instead of only benefiting home owners. He asked why housing continues to be a problem and what is the median income in Brooklyn Center, which he felt should be the deciding factor in who gets that money. Mayor Willson explained the examples offered by Mr Fleming are not allowed by federal regulation. The City no longer controls the 15% but those funds could be used for the examples suggested by Mr. Fleming. Mr. Fleming asked the City Council to rethink how the funds are used, such as youth development or rental homes, instead of continuing to use them in the same way as used in the past ten years. Mr. Boganey stated he will provide Mr. Fleming with a copy of the median income limits. He noted the information within the City Council meeting packet is the most current. Councilmember Graves stated in 2008, a bulk of money was shifted to Code Enforcement. Mr. Boganey stated that is correct. In 2008, the City petitioned Hennepin County to use more CDBG funds for Code Enforcement, which was prompted by the dramatic number of foreclosures, vacant properties, and blighted neighborhoods. The funds are used for staffing in those neighborhoods to identify slums/blight, inspections, and administering the vacant building registration program. Councilmember Graves asked if the City's inspections can be more tenant focused instead of ordinance focused as an issue is that tenants do not report things out of fear because they cannot afford to pay for the cost of the repair. Mr. Boganey stated it is possible but raises the question if the funding will go towards a brick and mortar rehabilitation (building improvement) or instead delivering a public service to assist those tenants. If it is a public service, then it will fall into the 15% category of CDBG funding. If a physical improvement or Code Enforcement, then CDBG funds can be used. Councilmember Graves asked how many properties there were in 2008 when the funding stream moved towards Code Enforcement. Mr. Boganey stated there are fewer vacant homes today than in 2008. Councilmember Graves noted that even so, the funding remained the same. Mr. Boganey stated the funding involves staff time, salaries, vehicle, overhead, and going into those neighborhoods, having conversations with property owners, and letting them know of the Code violations that need to be corrected. He explained why those fixed costs do not go down if there are fewer vacant homes. In addition, if tfië City chose not to use CDBG fuffds for Code Enforcement, it would have to be paid from another revenue stream (property taxes) or those efforts reduced. Councilmember Graves noted prior to 2008, more funds went to Housing Rehabilitation. Mr. Boganey stated that is correct, for those who applied. Mayor Willson stated another issue was the number of elderly in homes who cannot maintain their homes. Councilmember Ryan stated he started public service in 2007 when there were a lot of complaints about single-family, townhome, and multi-family deferred maintenance so the City Council recognized greater focus was needed for Code Enforcement as it was a public demand. 02/12/18 -7- Also, a Police Department study concerning public safety issues highlighted that maintaining community standards contributed to community safety. He stated $150,000 is a big part of that budget and given the federal guidelines, it is more than appropriate to accept those federal dollars to fund those efforts. Mayor Willson agreed with the recommended use of funds rather than funding Code Enforcement in another fashion. Councilmember Graves stated it is a worthy discussion to hold and consider. Mr. Boganey stated when the City asked Hennepin County to use CDBG funds for Code Enforcement, it was assumed as the housing crisis abated, vacancies were eliminated, and neighborhood improvements occurred, there may come a time when the City would want to reduce the amount going towards Code Enforcement. That has always been an expectation and hope but from a staffing standpoint, the conditions are such that the same level of Code Enforcement is needed. Mayor Willson stated it is symptomatic of the local economy, minimum wage, and livable wage. No one else appeared to address this item. Councilmember Butler moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Relating to the use of CDBG funds, Councilmember Graves requested the City Council have an eye toward equity and how it is part of that conversation. Mayor Willson stated it is the responsibility of the City Council to administer the City in the best way possible and that is to assure the housing stock is maintained. He noted if Code Enforcement is not funded in part with CDBG, then the City Council will have to address how to fund those activities. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2018-38 Approving Projected Use of Funds for 2018 Urban Hennepin County Community Development Block Grant Program and Authorizing Signature of Subrecipient Agreement with Hennepin County. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS - None. 10.COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES 02/12/18 -8- 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. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items lOal. lOal. 4309 63 rd AVENUE NORTH Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 4309 63" 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. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following events: • January 23, 2018: MAC Meeting • January 26, 2018: League of Minnesota Cities Training Sessions • January 27, 2018: Annual Legislative Breakfast Meeting • January 30, 2018: Forum on Affordable Housing • January 31, 2018: The Stress of Parenting Presentation • February 1, 2018: Brooklyn Center Alliance Meeting • February 4, 2018: Brooklyn Center Lions Club Waffle Breakfast • February 5, 2018: Connect the Blue Line Now Task Force Meeting • February 9, 2018: Community and Police Conversations Meeting Councilmember Lawrence-Anderson reported on her attendance at the following events: • January 23, 2018: MAC Meeting • January 27, 2018: Minnesota League of Minnesota Cities Meeting • February 9, 2018: Community and Police Conversations Meeting Councilmember Graves reported on her attendance at the following events: • January 23, 2018: T-21 Tobacco Campaign Meeting • January 25, 2018: Summer Celebration Dialogue • January 26, 2018: League of Minnesota Cities Training Sessions • February 1, 2018: Brooklyn Middle School Open House • February 3, 2018: Capacity Building Institute Event • February 5, 2018: Birch Grove Elementary School Conference • February 6, 2018: Precinct Caucus • February 7, 2018: ACER Facilitated Resident Meeting • February 11, 2018: Meeting with Brooklyn Center Resident 02/12/18 -9- February 12, 2018: African American Parent Involvement Day Councilmember Butler reported on her attendance at the following events: • January 23, 2018: MAC Meeting • January 26, 2018: Take Action Minnesota Meeting • January 23, 2018: T-21 Tobacco Campaign Meeting • February 7, 2018: ACER Facilitated Resident Meeting • February 10, 2018: Take Action Community Listening Forum Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • January 23, 2018: Auditor Meeting • January 26, 2018: Annual Visitors Bureau Earle Brown Breakfast Meeting • January 27, 2018: Annual Legislative Breakfast Meeting • January 30, 2018: Forum on Affordable Housing • February 4, 2018: Brooklyn Center Lions Club Waffle Breakfast • February 5, 2018: Connect the Blue Line Now Task Force Meeting • February 6, 2018: Precinct Caucus • February 7, 2018: ACER Facilitated Resident Meeting • February 9, 2018: Meeting with Liberian Consulate Administrator Mayor Willson reported he was accepted for FBI Academy training. He noted the June 8-11, 2018, Conference of Mayors conflicts with the FBI Academy graduation ceremony so he will inform the Council of his schedule once he works out the details. Mayor Willson also reported on his conversation today with a Star Tribune reporter that he referred to Mr. Boganey and subsequently the Communications Division on issues related to identification of neighborhoods, Highway 252, the Blue Line, and the Diversity Commission. 12. ADJOURNMENT Councilmember Graves moved and Councilmember Butler seconded adjournment of the City Council meeting at 8:01 p.m. Motion passed unanimously. 02/12/18 -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 February 12, 2018. 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 March 12, 2018, Regular Session. AW City Clerk Mayor 02/12/18 -11.