HomeMy WebLinkAbout2018 08-27 CCP Regular SessionCouncil Study Session
City Hall Council Chambers
A ugust 27, 2018 AGE NDA
1.Call to Order
The City Council requests that attendees turn off cell phones and pagers during the meeting. A
copy of the full City C ounc il packet is available to the public . The packet ring binder is loc ated at
the podium.
2.M iscellaneous
3.Discussion of Work S ession Agenda Item as T ime P ermits
4.Adjourn
C IT Y C O UNC IL
M E E T I NG
City Hall Council Chambers
A ugust 27, 2018
AGE NDA
1.Informal Open Forum with City Council - 6:45 p.m.
Provides an opportunity for the public to address the C ounc il on items which are not on the
agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to
make personal attacks, to air personality grievances, to make political endorsements, or for
political c ampaign purposes. Council Members will not enter into a dialogue with citizens.
Questions from the C ounc il will be for c larific ation only. Open Forum will not be used as a time
for problem solving or reac ting to the comments made but, rather, for hearing the c itizen for
informational purposes only.
2.Invocation - 7 p.m.
3.Call to Order Regular Business M eeting
The City Council requests that attendees turn off cell phones and pagers during the meeting. A
copy of the full City C ounc il packet is available to the public . The packet ring binder is loc ated at
the podium.
4.Roll Call
5.P ledge of Allegiance
6.Approval of Agenda and Consent Agenda
The following items are c onsidered to be routine by the C ity Council and will be enac ted by one
motion. There will be no separate discussion of these items unless a Councilmember so
requests, in which event the item will be removed from the c onsent agenda and considered at
the end of Council Consideration I tems.
a.Approval of Minutes
- It is recommended that the City Council consider approval of the minutes
for:
- August 8, 2018 City Council/Financial Commission Joint Work Session
- August 13, 2018 Regular Session
- August 13, 2018 City Council/EDA Work Session
b.Approval of L icenses
I t is recommended that the City Council consider approval of the following
licenses on August 27, 2018.
c.Resolution A ccepting Work Performed and Authorizing Final P ayment,
I mprovement Project No. 2016-17, Contract 2016-K, City Hall, Community
Center and P ublic Works P arking L ot I mprovements
- It is recommended that the City Council approve the resolution
accepting work performed and authorizi ng final payment for
Improvement
Project No. 2016-17, Contract 2016-K, City Hall, Community Center and
Public Works Parking Lot Improvements.
d.Resolution A ccepting Work Performed and Authorizing Final P ayment,
Project No. 2018-07, 2018 Pond Maintenance
- It is recommended that the City Council approve the resolution accepting
work performed and authorizing final payment, Project No. 2018-07, 2018
Pond Maintenance.
7.P resentations/Proclamations/Recognitions/Donations
a.Resolution A ccepting A merican L egion P ost No. 630 and S ons of the
American L egion Donations
- It is recommended that the City Council consider approval of a resolution
accepting American Legion Post No. 630 and Sons of the American
Legion
Donations.
8.P ublic Hearings
9.P lanning Commission Items
10.Council Consideration Items
a.An Ordinance A mending Chapter 27 of City Code of Ordinances Regarding
Parking
- It is recommended that the City Council approve the first reading of the
Ordinance Amending Chapter 27 of the City Code of Ordinance
Regarding
Parking and call for a second reading with public hearing.
b.Type I V 6-Month Provisional L icense for 5308 L ilac Dr
- Motion to approve a Type IV 6-month Provisional Rental License
c.Type I V 6-Month Provisional Rental L icense for 6835 Colfax Ave N
- Motion to approve a Type IV 6-month Provisional Rental License.
11.Council Report
12.Adjournment
COU N C IL ITEM MEMOR ANDUM
DAT E:8/27/2018
TO :C urt Boganey, C ity Manager
T HR O UG H:N/A
F R O M:Barb S uciu, C ity C lerk
S UBJ EC T:Approval of Minutes
Requested Council Action:
- It is recommended that the C ity C ouncil consider approval of the minutes
for:
- August 8, 2018 C ity C ouncil/F inancial C ommission Joint Work S ession
- August 13, 2018 R egular S ession
- August 13, 2018 C ity C ouncil/E D A Work S ession
Background:
S trategic Priorities and Values:
O perational Exc ellenc e
08/08/18 -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
JOINT WORK SESSION WITH FINANCIAL COMMISSION
AUGUST 8, 2018
CITY HALL - COUNCIL CHAMBERS
I. CALL TO ORDER
The Brooklyn Center City Council met in Joint Work Session with the Financial Commission
and the session was called to order by Mayor Tim Willson at 6:29 p.m.
Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence-
Anderson, and Dan Ryan. Also present: City Manager Curt Boganey, Deputy City Manager
Reggie Edwards, Finance Director Nate Reinhardt, Community Activities, Recreation &
Services Director Jim Glasoe, Community Development Director Meg Beekman, and Deputy
City Clerk Rozlyn Tousignant.
Others present were Financial Commissioners David Dwapu, Tia Hedenland, Abate Terefe, and
Dean Van Der Werf.
Financial Commissioners Jeffrey Dobbs, and Teneshia Kragness were absent.
II. APPROVAL OF AGENDA
Councilmember Ryan moved and Councilmember Graves seconded to approve the agenda.
Motion passed unanimously.
III. 2019 GENERAL FUND DEPARTMENT BUDGET REQUESTS
a. FINANCE/MISCELLANEOUS
Mr. Reinhardt provided a presentation regarding the Finance Department’s budget request for
2019.
Mayor Willson address the small cell infrastructure and the ability to remotely read water meters.
Mr. Reinhardt shared the plan to start with the Water Towers so that the City can GIS map the
readings in order to analyze whether the City should add more gateways throughout the City.
Mr. Boganey updated and confirmed the City of Brooklyn Center’s contribution for the
BrookLynk internship program for the following year will be approximately $55,000.
Councilmember Graves expressed an interest in receiving more information about the North Star
Diversion program for youth. Mr. Boganey responded that staff would gather information for
Council.
08/08/18 -2- DRAFT
Mayor Willson addressed the budget cuts from Hennepin County that may affect programs like
CEAP.
b. COMMUNITY ACTIVITIES, RECREATION & SERVICES
Mr. Glasoe provided an overview of CARS proposed 2019 budget.
Councilmember Graves relayed some complaints received by residents regarding a water
fountain near the sauna in the Community Center. Mr. Glasoe responded that Mr. Boganey had
informed Community Center staff about the issue. Mr. Glasoe continued to share that eventually
the Community Center will upgrade all of the drinking fountains; however, the humidity of the
area in question may require a different kind of fountain.
Councilmember Butler inquired as to whether there was a demographic breakdown of who the
Community Center/recreation programs typically serve. Mr. Glasoe responded that staff could
gather that information if the Council would have interest in it. Mr. Glasoe also addressed the
challenges in programming for teenagers.
A discussion was held regarding part-time employees within the CARS department.
c. COMMUNITY DEVELOPMENT
Mrs. Beekman provided information on the proposal for the Community Development 2019
budget.
A brief discussion was held regarding the staffing levels of the Saturday Pop-up Markets.
Mayor Willson addressed the level of staffing in the inspection division.
IV. FUTURE BUDGET DISCUSSIONS
a. AUGUST 20, 2018 - GENERAL FUND BUDGET REQUESTS CONTINUED
b. SEPTEMBER 17, 2018 – RECCOMMENDED PRELIMINARY LENY &
BUDGET
c. SEPTEMBER 24, 2018 (REGULAR CITY COUNCIL MEETING) – CITY
COUNCIL ADOPTS PRELIMINARY BUDGET AND LEVY
V. ADJOURNMENT
Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to adjourn the
Work Session at 9:10 p.m.
Motion passed unanimously.
08/13/18 -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
AUGUST 13, 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, and Dan Ryan were
present. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were
City Manager Curt Boganey, Deputy City Manager Reggie Edwards, City Engineer Mike
Albers, Community Development Director Meg Beekman, Communication Coordinator Angel
Smith, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney
Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc.
Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum.
Karen Beelen, 7120 Logan Avenue N, addressed the City Council. She stated she would like
City Codes to be created to protect Brooklyn Center resident’s property. She stated her neighbor
of 23 years put up a make shift wooden fence a while ago, while she was sick and in the hospital
for a year. When she was released from the hospital she asked her neighbor to remove the fence
so she could have access to her other neighbors and so that children wouldn’t be cutting through
her flower beds to get around it and play with each other. She noted she would like to find out
how to ask her to remove the fencing. She left notes and City Codes referencing the issue she is
addressing for the City Council to review at a later time.
Paul Yang, 5925 Pearson Drive, addressed the City Council. He stated he is having issues with
his rental license that are unwarranted. He stated there have been repeated inspections and
accusations about police calls to the property he owns that are not happening. He stated he wants
the rental licenses to be based on the facts, not fiction.
Kathy Czech, 1313 44 th Avenue N #204, addressed the City Council. She stated she would like
to introduce the concept of Police Embedded Mental Health Escorts. She noted the number of
mental health issues being addressed at regular police calls is very high. She stated this program
is one where a mental health professional accompanies police to calls. She provided some
information for the City to review at a later time.
08/13/18 -2- DRAFT
Dianne Sannes, 7006 Willow, addressed the City Council. She thanked Mn/DOT for the work on
Highway 252 and welcomed the Youth in Government participants. She asked that the City
Council not approve the tobacco license on the agenda this evening and noted she has already
called 4 Councilmembers about this issue asking the same of them all. She handed out a
document which showed a warning label on a piece of playground equipment that says its only
for children 13 years and older but, like in the picture she showed the City Council, there is often
very young children on the equipment. She suggested they address this dangerous situation so
no one gets hurt or sued.
Lennie Chism, Minneapolis, addressed the City Council. He thanked them for allowing the Pop
Up Market to get started. He stated they have had 61 vendors show up for the events so far. He
stated for September there are 18 booths from the City so far signed up. He stated an elderly
woman who is 85-years-old is hoping to bring her crocheting pieces to the market but if the
weather is too warm, sadly she will not be able to attend. He stated the events have been positive
for the most part so far with exception to one negative incident. He stated a person addressed him
at the market and stated “the only reason you have a market place is because you are black”. He
noted it was a terrible thing to have happen at such a nice event and he wanted to make the City
Council aware of this incident and the negativity being conveyed that is not acceptable.
Councilmember Butler moved and Councilmember Ryan seconded to close the Informal Open
Forum at 7:01 p.m.
Motion passed unanimously.
2. INVOCATION
Mayor Willson requested a moment of reflection and said a prayer about gratitude 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 7:02 p.m.
4. ROLL CALL
Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, and Dan Ryan were
present. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were
City Manager Curt Boganey, Deputy City Manager Reggie Edwards, City Engineer Mike
Albers, Community Development Director Meg Beekman, Communication Coordinator Angel
Smith, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney
Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
08/13/18 -3- DRAFT
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Ryan moved and Councilmember Graves seconded to approve the Agenda and
Consent Agenda, as amended, with amendments to the Regular Session minutes of July 23,
2018, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. July 23, 2018 – Study Session
2. July 23, 2018 – Regular Session
3. July 23, 2018 – City Council/EDA Work Session
4. July 30, 2018 – City Council/Financial Commission Joint Work
6b. LICENSES
Considered as agenda item 10e.
6c. APPROVAL TO AMEND THE 2018 CITY COUNCIL MEETING
SCHEDULE
6d. RESOLUTION NO. 2018-144 ORDERING THE ABATEMENT OF
CONDITIONS CREATING A NUISANCE AND HAZARDOUS
PROPERTY EXISTING AT 6842 WEST RIVER ROAD IN THE CITY OF
BROOKLYN CENTER
6e. RESOLUTION NO. 2018-145 APROVING PUBLIC HEARING ON
PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT NUISANCE
ABATEMENT COSTS AND DELINQUENT ADMINISTRATIVE
FINES/CITATIONS
6f. RESOLUTION NO. 2018-146 APPROVING A PUBLIC HEARING ON
PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC
UTILITY SERVICE ACCOUNTS
6g. RESOLUTION NO. 2018-147 DECLARING PUBLIC NUISANCE AND
ORDERING THE REMOVAL OF DEAD TREES
6h. RESOLUTION NO. 2018-148 AUTHORIZING PAYMENT OF
SETTLEMENT AMOUNTS FOR EASEMENTS FOR BROOKLYN
BOULEVARD CORRIDOR PROJECT, PHASE 1, PROJECT NO. 2018-05
6i. RESOLUTION NO. 2018-149 ACCEPTING BID AND AWARDING
CONTRACT, IMPROVEMENT PROJECT NO. 2018-05, BROOKLYN
BOULEVARD CORRIDOR PROJECT PHASE 1 AND IMPROVEMENT
PROJECT NO. 2018-06, 51ST AVENUE/FRONTAGE IMPROVEMENTS
08/13/18 -4- DRAFT
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. YOUTH IN GOVERNMENT DAY
Mayor Willson read in full a Proclamation Declaring August 13, 2018 as “Youth in Government
Day” in the City of Brooklyn Center and acknowledged the 2018 participants:
Lammi Ali, Champlin Park High School
Fatou Bah, Park Center High School
Alexander Gelhaye, Park Center High School
Darius Jackson, Osseo High School
Connor Janostin, Champlin Park High School
Ubaad Mohamud, Champlin Park High School
Lisa Nyenie-Wea, DeLaSalle High School
Everline Ondieki, Champlin Park High School
Tran Pham, Champlin Park High School
Saihou Sissoho, Park Center High School
La'Bri Williams, Park Center High School
Mayor Willson presented each participant with a certificate and thanked them all for their hard
work and participation. He noted he really appreciated that they shared their opinions in the
mock City Council meeting held earlier in the evening. The Councilmembers echoed his
sentiments.
Motion passed unanimously.
8. PUBLIC HEARINGS
- None.
9. PLANNING COMMISSION ITEMS
- None.
10. COUNCIL CONSIDERATION ITEMS
10a. RESOLUTION NO. 2018-150 GRANTING APPROVAL TO THE HENNEPIN
COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO PROVIDE A
DIRECT CONTRIBUTION AND FILE AN AFFORDABILITY COVENANT ON
THE CARRINGTON DRIVE APARTMENT COMPLEX PID NUMBERS: 25-119-
21-33-0045, 25-119-21-33-0046, 25-119-21-33-0047, AND 25-119-21-33-0048
Deputy Director of Building and Community Standards Jesse Anderson provided a presentation,
background and purpose of this resolution.
08/13/18 -5- DRAFT
Councilmember Ryan stated the concern is always maintenance on multifamily property so the
property owners should not be able to increase rents to maintain the property. Mr. Anderson
stated that is correct, they would have to maintain affordable.
Councilmember Graves stated she is in favor of the affordable housing but she wants to make
sure the properties would be safe and healthy. Mr. Anderson stated specifics weren’t addressed
in the documents but they would have to meet the City standards.
Mayor Willson stated he agrees with Councilmember Graves.
Councilmember Ryan stated he agrees but he would like the City to go to the Legislature in the
future to have them address it so the issue doesn’t only fall on the City. He noted this is a
regional problem, not only a City problem, and everyone needs to be helping and partnering
together with the State and other cities.
Councilmember Graves moved and Councilmember Butler seconded to adopt RESOLUTION
NO. 2018-150 Granting Approval to the Hennepin County Housing and Redevelopment
Authority to Provide a Direct Contribution and File an Affordability Covenant on the Carrington
Drive Apartment Complex PID Numbers: 25-119-21-33-0045, 25-119-21-33-0046, 25-119-21-
33-0047, AND 25-119-21-33-0048.
Motion passed unanimously.
10b. TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6761
HUMBOLDT AVENUE N.
10c. RESOLUTION NO. 2018-151 FOR A TYPE IV 6-MONTH PROVISIONAL
RENTAL LICENSE FOR 5420 EMERSON AVENUE N.
10d. RESOLUTION NO. 2018-152 FOR A TYPE IV 6-MONTH PROVISIONAL
RENTAL LICENSE FOR 3000 62ND AVENUE N.
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 Item 10b through 10d.
Councilmember Graves moved and Councilmember Ryan seconded to approve the issuance of a
Type IV six-month provisional rental license and mitigation plan and adoption of the following:
Approving Type IV Rental License for 6761 Humboldt Avenue N; RESOLUTION NO. 2018-
151 Approving a Type IV Rental License for 5420 Emerson Avenue N; RESOLUTION NO.
2018-152 Approving a Type IV Rental License for 3000 62 nd Avenue N, with the requirement
08/13/18 -6- DRAFT
that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal
licenses would be considered.
Motion passed unanimously.
10e. LICENSES
GARBAGE HAULER
Walters Recycling & Refuse 2830 101st Avenue NE, Blaine, MN 55449
MECHANICAL
All American Heating & Air Inc. 3600 72nd Ave N, Brooklyn Center
Metro Sheet Metal Inc. 3260 Fanum Road, St Paul
Minnesota Heating & AC Inc. 10701 93rd Ave N, Maple Grove
Musel Heating and Cooling LLC 311 East S Street, Amboy
Optimum Mechanical Systems, Inc. 3030 Centerville Road, Little Canada
Pioneer Power 2500 Ventura Dr., Woodbury
Sedgwich Heating 1408 Northland Dr., Suite 310, Mendota Heights
TOBACCO RELATED PRODUCTS
Jammin' Wings 2590 Freeway Blvd
RENTAL
INITIAL (TYPE III – one-year license)
6143 Regent Avenue N Patricio Angamarca-Romero
3912 61st Avenue N Nazneen Khatoon
INITIAL (TYPE I – three-year license)
2329 55th Avenue N Sara Corbin
3218 64th Avenue N Nicholas Standal
RENEWAL (TYPE III – one-year license)
5408 Colfax Avenue N Su Feng Zheng/Khai Hong Lim Properties
(Missing 2 ARM Meetings)
6437 Kyle Avenue N Sheng Lee
4207 Lakeside Avenue #140 Joseph Drechsler
7225 Major Avenue N Kin Chew
2913 Nash Road Chen Xuan Zhou/Lancelot Properties
4501 Woodbine Lane Jerad Morey
RENEWAL (TYPE II – two-year license)
Basswood Apartments
4450 58th Avenue N Halverson and Blaiser Group LTD
6000 Bryant Avenue N Shirzad Raimi
4207 Lakeside Avenue #339 Madeline Greiner
5532 Logan Avenue N Ira Kovalsky
08/13/18 -7- DRAFT
RENEWAL (TYPE I – three-year license)
6336 Beard Avenue N Chen Xuan Zhou/Lancelot Properties
6107 Bryant Avenue N Daniel Yesnes
6607 Drew Avenue N Jeffrey Davis
6757 Humboldt Avenue N Saleem Raza
5310 Knox Avenue N Douglas Allen Wahl
4207 Lakeside Avenue #220 Matthew Blackler
4207 Lakeside Avenue #323 Douglas Hollman
5431 Logan Avenue N Chen Xuan Zhou/Lancelot Properties
Councilmember Butler explained she had requested pulling agenda item 6b from the consent
agenda and added for discussion, specifically tobacco license application for Jamin Wings.
City Manager Boganey stated the license applications are reviewed by staff for any conflicts with
the City Codes and to see if there are any issues with permitting the license. He stated if there are
violations of any Codes or Ordinances, their application will not be put through for City Council
approval.
Councilmember Butler stated she recalls the applicant for Jamin Wings addressing the City
Council in the past and that it was mentioned he was hoping to create a club-like atmosphere.
She noted the City Council was not in favor of that at that time either. She stated she is
concerned that this tobacco license is a contributing factor to creating that club atmosphere.
Mayor Willson stated the City has no grounds at this time to deny the tobacco application
because the City Ordinance allows it.
City Attorney Gilchrist stated the current Ordinances do allow for this type of license so unless
they had some citations or criminal history as listed in the ordinance, the City can’t prohibit the
issuance of a license.
Councilmember Butler moved and Councilmember Ryan seconded to approve all license
applications in agenda item 10e.
Motion passed unanimously.
11. COUNCIL REPORT
Councilmember Ryan reported on his attendance at the following and provided information on
the following upcoming events:
• July 24, 2018: Brooklyn Center Lions Club Meeting with Community Center Programs
President, Rachel Hitchock
• August 4, 2018: First Saturday Pop-up Market
• August 6, 2018: National Night Out Kick Off
• August 7, 2018: Ride along with Police Commander
• August 9, 2018: Lioness Club Event
• August 13, 2018: Youth in Government Day at City Hall and Mock City Council Meeting
08/13/18 -8- DRAFT
Councilmember Graves reported on her attendance at the following and provided information on
the following upcoming events:
• July 30, 2018: Budget Work Session with Financial Commission Meeting
• August 6, 2018: National Night Out Kick Off
• August 7, 2018: National Night Out Art Is My Weapon Event
• August 8, 2018: Budget Work Session with Financial Commission Meeting
• August 9, 2018: North Side Council Meeting
• August 13, 2018: Youth in Government Day at City Hall and Mock City Council Meeting
Councilmember Graves stated a reminder that she instructs free yoga for women Sundays at 12
p.m. at Curves for Women.
Councilmember Butler reported on her attendance at the following and provided information on
the following upcoming events:
• July 30, 2018: Budget Work Session with Financial Commission Meeting
• August 4, 2018: Hmong Church Egg Roll Sale
• August 6, 2018: National Night Out Kick Off
• August 7, 2018: Ride along with BC Police Officer
• August 8, 2018: Budget Work Session with Financial Commission Meeting
• August 13, 2018: Youth in Government Day at City Hall and Mock City Council Meeting
Mayor Willson reported on his attendance at the following and provided information on the
following upcoming events:
• July 24-27, 2018: At Quantico Facility and FBI headquarters Visit in D.C.
• July 30, 2018: Budget Work Session with Financial Commission Meeting budget meeting
• July 31, 2018: Rotary Luncheon
• July 31, 2018: Dangerous Dog Appeal Hearing
• August 5, 2018: Hmong Church Egg Roll Sale
• August 6, 2018: National Night Out Kick Off
• August 7, 2018: National Night Out with City Manager and Police Chief Gannon
• August 13, 2018: Youth in Government Day at City Hall and Mock City Council Meeting
12. ADJOURNMENT
Councilmember Graves moved and Councilmember Butler seconded adjournment of the City
Council meeting at 7:49 p.m.
Motion passed unanimously.
08/13/18 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
AUGUST 13, 2018
CITY HALL – COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work
Session called to order by Mayor/President Tim Willson at 7:50 p.m.
ROLL CALL
Mayor/President Tim Willson and Councilmembers/Commissioners Marquita Butler, April
Graves, and Dan Ryan were present. Kris Lawrence-Anderson was absent and excused. Also
present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Community
Development Director Meg Beekman, Deputy Director of Building and Community Standards
Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off
Site Secretarial, Inc.
ORGANIC RECYCLING
City Manager Boganey introduced Tim Pratt, the Administrator of Recycling for the City, noting
Mr. Pratt was before the City Council/EDA about a year ago to discuss recycling options. He
provided a presentation on what changes the County has made in their ordinances regarding
recycling and composting, reviewed what organic recycling includes, and explained why they
should be recycled.
Mr. Pratt stated the City has a few years to determine what they want to use for recycling.
Councilmember/Commissioner Graves asked if there are facilities that are collecting manure
from farms. Mr. Pratt stated yes, there are some farms doing this already. Mayor Willson stated
there are domes that collect the methane to keep it from harming people as well.
City Manager Boganey stated if the City Council/EDA doesn’t have any opposition to what is
being proposed, then they don’t need to do anything at the moment.
Councilmember/Commissioner Graves asked what options are there if you don’t want to use
Randy’s service. Mr. Pratt stated people can self-compost in their yard but they are limited to
only composting some items, and then they would bring it to a drop-off site.
Councilmember/Commissioner Butler stated the hurdle is having another container in addition to
regular garbage and recycling to worry about.
08/13/18 -2- DRAFT
Councilmember/Commissioner Ryan stated he agrees with Councilmember/Commissioner
Graves and noted the customer experience would be better if they came up with a comprehensive
way to make it more efficient for people.
Connor Janostin, Youth in Government participant, stated the intention is noble but the
convenience factor will be an issue for people. He suggested they need to think about simplicity
and using the blue bag to put inside the garbage is easier than taking a bag to the compost site.
BROOKLYN CENTER BEAUTIFICATION AND PUBLIC ART PLAN
Deputy Manager Edwards provided a presentation on this topic. He stated the main things they
are addressing are the issues and concerns that were expressed about the image of the City.
Mayor/President Willson stated one thing that he would really like corrected is that the zip code
doesn’t come up correctly and shows as Minneapolis. He would like to find out how to get that
corrected to show Brooklyn Center. He noted the other thing that he would like to have changed,
but knowledges it is an issue to be dealt with on other government levels, is to have the 4
different school districts combined.
Councilmember/Commissioner Graves stated creative place making comes to mind when she
thinks about art in the city. She stated it is a good thing to look into and incorporating as it brings
safety and art in the community. She noted St. Paul has a poetry contest on the sidewalks, and
that would be fun to bring into the community.
Councilmember/Commissioner Ryan stated doing a few modest things that create a big impact
can really enhance the community.
Councilmember/Commissioner Butler stated she likes involving the other schools in the district
because there are so many children in Brooklyn Center attending different schools.
Dr. Edwards stated he wanted to recognize Community Development Director Meg Beekman
and Communication Coordinator Angel Smith for all their hard work and help with this
initiative.
ADJOURNMENT
Councilmember/Commissioner Graves moved and Councilmember/Commissioner Ryan
seconded adjournment of the City Council/Economic Development Authority Work Session at
8:46 p.m.
Motion passed unanimously.
COU N C IL ITEM MEMOR ANDUM
DAT E:8/27/2018
TO :C urt Boganey, C ity Manager
T HR O UG H:R eggie Edwards, Deputy C ity Manager
F R O M:R ozlyn Tous ignant, Deputy C ity C lerk
S UBJ EC T:Approval of Licens es
Requested Council Action:
It is recommended that the C ity C ounc il c onsider approval of the following licens es on August 27, 2018.
Background:
T he following bus inesses/pers ons have applied for C ity licens es as noted. Eac h busines s /person has fulfilled
the requirements of the C ity O rdinanc e governing respec tive lic enses, submitted appropriate applic ations , and
paid proper fees . Applicants for rental dwelling licens es are in compliance with C hapter 12 of the C ity C ode
of O rdinances, unless comments are noted below the property addres s on the attached rental report.
G AR B AGE HAULE R
S animax US A LLC 505 Hardman Ave S , S outh S t. P aul, MN 55075
ME C HAN IC AL C ON T R AC TOR
G eneral Heating & Air C onditioning 11081 C haparral Ave, S hakopee, MN 55379
J Dubs LLC 11703 R iver Hills Dr., Burnsville, MN 55337
Matty V’s Heating & C ooling 1052 93rd Lane NW, C oon R apids , MN 55433
TOB AC C O R E LAT E D P R O D UC T S
Two R ivers Investment, Inc.6840 Humboldt AVe N, Brooklyn C enter, MN 55430
Budget Issues:
T here are no budget is s ues to cons ider.
S trategic Priorities and Values:
S afe, S ecure, S table C ommunity
COUNCIL ITEM MEMORANDUM
Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and
recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient
location and commitment to a healthy environment
Rental License Category Criteria Policy – Adopted by City Council 03-08-10
Property Code and Nuisance Violations Criteria
License Category
(Based on Property
Code Only)
Number of Units Property Code Violations per
Inspected Unit
Type I – 3 Year 1-2 units 0-1
3+ units 0-0.75
Type II – 2 Year 1-2 units Greater than 1 but not more than 4
3+ units Greater than 0.75 but not more than 1.5
Type III – 1 Year 1-2 units Greater than 4 but not more than 8
3+ units Greater than 1.5 but not more than 3
Type IV – 6 Months 1-2 units Greater than 8
3+ units Greater than 3
License
Category
Number of Units Validated Calls for Disorderly Conduct
Service & Part I Crimes
(Calls Per Unit/Year)
No Category
Impact
1-2 0-1
3-4 units 0-0.25
5 or more units 0-0.35
Decrease 1
Category
1-2 Greater than 1 but not more than 3
3-4 units Greater than 0.25 but not more than 1
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2
Categories
1-2 Greater than 3
3-4 units Greater than 1
5 or more units Greater than 0 .5 0
Budget Issues:
There are no budget issues to consider.
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COU N C IL ITEM MEMOR ANDUM
DAT E:8/27/2018
TO :C urt Boganey, C ity Manager
T HR O UG H:Doran C ote, P ublic Works Director
F R O M:Andrew Hogg, Assistant C ity Engineer
S UBJ EC T:R esolution Acc epting Work P erformed and Authorizing F inal P ayment, Improvement
P rojec t No. 2016-17, C ontract 2016-K, C ity Hall, C ommunity C enter and P ublic Works
P arking Lot Improvements
Requested Council Action:
- It is recommended that the C ity C ouncil approve the resolution
accepting work performed and authorizing final payment for Improvement
P roject N o. 2016-17, C ontract 2016-K , C ity H all, C ommunity C enter and
P ublic Works P arking L ot Improvements.
Background:
O n June 6, 2017, the C ity C ounc il award ed P roject 2016-17, C ontrac t 2016-K, t o Bituminous R oadways ,
Inc. for the parking lo t improvements at C ity Hall, C ommunity C enter and P ublic Works fac ilities. Bituminous
R oadways , Inc. has succ es s fully c ompleted the work and is reques ting final payment for the project.
Budget Issues:
T he o riginal contrac t amount with Bituminous R oadways, Inc. fo r the imp ro vements was $699,479.15. T he
total value of wo rk c ertified fo r final payment is $722,008.00. T he total p ro ject cost inc luding
contingencies/administration/engineering/legal is $780,408.83 and was over b udget in the amo unt of $33,929.68.
T here were p ro ject overages fro m the estimated q uantities for s od work in the up p er parking lo t area and aound
the amp hitheater. Additio nally there were p ro ject o verages in the amo unt of material us ed fo r the fo g s eal and
s ealcoat d ue to the pavement age and cond ition. T he attached resolution provid es a s ummary o f the final
amended costs and funding s ourc es for the projec t.
S trategic Priorities and Values:
Key Transportation Inves tments
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO._______________
RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING
FINAL PAYMENT, PROJECT NO. 2016-17, CONTRCT 2016-K, CITY HALL,
COMMUNITY CENTER AND PUBLIC WORKS PARKING LOT
IMPROVEMENTS
WHEREAS, pursuant to a written contract signed with the City of Brooklyn
Center, Minnesota, Bituminous Roadways, Inc. of Mendota Heights, Minnesota has completed
the following improvements in accordance with said contract:
Project No. 2016-17, Contract 2016-K City Hall, Community Center and Public
Works Parking Lot Improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. Final payment shall be made on Project No. 2016-17, Contract 2016-K
City Hall, Community Center and Public Works Parking Lot
Improvements, taking the contractor’s receipt in full. The total amount to
be paid for said improvements under said contract shall be $722,008.
2. The estimated project costs and revenues are hereby amended as follows:
Amended
COSTS Estimated per Low Bid
Base Contract $564,699.12 $590,936.84
Alternate 1 $134,780.03 $131,071.16
Subtotal Construction Cost $699,479.15 $722,008.00
Admin/Legal/Engr. $ 47,000 $ 58,400.83
Total Estimated Project Cost $746,479.15 $780,408.83
REVENUES Original Award Final
Capital Projects Fund $746,479.15 $780,408.83
Total Estimated Revenue $746,479.15 $780,408.83
RESOLUTION NO. _______________
August 27, 2018
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
COU N C IL ITEM MEMOR ANDUM
DAT E:8/27/2018
TO :C urt Boganey, C ity Manager
T HR O UG H:Doran C ote, P ublic Works Director
F R O M:Andrew Hogg, Assistant C ity Engineer
S UBJ EC T:R esolution Acc epting Work P erformed and Authorizing F inal P ayment, P roject No. 2018-07,
2018 P ond Maintenanc e
Requested Council Action:
- It is recommended that the C ity C ouncil approve the resolution accepting
work performed and authorizing final payment, P roject N o. 2018-07, 2018
P ond M aintenance.
Background:
O n January 8, 2018, the C ity C ouncil awarded P roject 2018-07 to New Look C ontracting, Inc. of R ogers,
Minnesota for the work of the 2018 P ond Maintenance project. New Look C ontracting, Inc. has succ es s fully
completed the work and is requesting final payment for the projec t.
Budget Issues:
T he o riginal contrac t amount with New Look C o ntracting, Inc . for the improvements was $237,601.00. T he
total value of wo rk c ertified fo r final payment is $242,562.32. T he total p ro ject cost inc luding
contingencies/administration/engineering/legal is $291,757.76 and was c o mp leted 0.3 p ercent under budget in
the amo unt o f $843.24. T he attac hed res o lutio n provid es a s ummary o f the final amend ed c os ts and funding
s ourc es for the projec t.
S trategic Priorities and Values:
Enhanc ed C ommunity Image
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO._______________
RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING
FINAL PAYMENT, PROJECT NO. 2018-07, 2018 POND MAINTENANCE
WHEREAS, pursuant to a written contract signed with the City of Brooklyn
Center, Minnesota, New Look Contracting, Inc. of Rogers, Minnesota has completed the
following improvements in accordance with said contract:
Project No. 2018-07, 2018 Pond Maintenance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. Final payment shall be made on Project No. 2018-07, 2018 Pond
Maintenance Project, taking the contractor’s receipt in full. The total
amount to be paid for said improvements under said contract shall be
$242,562.32.
2. The estimated project costs and revenues are hereby amended as follows:
Amended
COSTS Estimated per Low Bid
Construction Cost $ 237,601.00 $ 242,562.32
Engineering and Administrative $ 50,000.00 $ 49,013.65
Contingency $ 5,000.00 $ 181.79
TOTAL $ 292,601.00 $ 291.757.76
REVENUES Original Award Final
Storm Drainage Utility Fund $ 292,601.00 $ 291,757.76
August 27, 2018
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
COU N C IL ITEM MEMOR ANDUM
DAT E:8/27/2018
TO :C urt Boganey, C ity Manager
T HR O UG H:N/A
F R O M:Doran C ote, P ublic Works Director
S UBJ EC T:R esolution Acc epting Americ an Legion P ost No. 630 and S ons of the American Legion
Donations
Requested Council Action:
- It is recommended that the C ity C ouncil consider approval of a resolution
accepting American L egion P ost N o. 630 and S ons of the American L egion
D onations.
Background:
T he C ity currently has 3-800 MHz radios for P ublic Works supervisors. S taff would like to add six additional
radios for the P ublic Works Direc tor, dis patc h and four P ublic Works C rew Leaders . T he radios would be
programmed for interoperability with P olice and F ire and our neighboring c ommunity P ublic Works
Departments. T he total pric e of s ix additional radios is $16,624.14.
In June, 2018, the C ity reques ted a donation from Americ an Legion P ost No. 630 and S ons of the American
Legion Donations to assist with the purc hase of the s ix 800 MHz radios . In July, 2018, the C ity was advised
that donations in the amount of $2,000 was provided to the C ity for the radio purc hase.
Budget Issues:
T he total price of six additional radios is $16,624.14. T he American Legion P os t No. 630 and S ons of the
American Legion donations is for $2,000. T he Emergenc y P reparedness budget als o has $3,000 for this type
of equipment. T he remaining funding would c ome from s avings in other P ublic Works budgets .
S trategic Priorities and Values:
S afe, S ecure, S table C ommunity
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION ACCEPTING AMERICAN LEGION POST NO. 630 AND
SONS OF THE AMERICAN LEGION DONATIONS
WHEREAS, in June, 2018, the City requested a donation from American
Legion Post No. 630 and Sons of the American Legion to assist with the purchase of six 800
MHz radios; and
WHEREAS, in July, 2018, the City was advised that a donation in the amount
of $2,000 had been awarded to the City for the radio purchase.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the $2,000 American Legion Post No. 630 and Sons of the
American Legion donations are hereby accepted.
August 27, 2018
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
COU N C IL ITEM MEMOR ANDUM
DAT E:8/27/2018
TO :C urt Boganey, C ity Manager
T HR O UG H:N/A
F R O M:Tim G annon, P olice C hief and Doran C ote, P ublic Works Direc tor
S UBJ EC T:An O rdinance Amending C hapter 27 of C ity C ode of O rdinances R egarding P arking
Requested Council Action:
- It is recommended that the C ity C ouncil approve the first reading of the
O rdinance Amending C hapter 27 of the C ity C ode of O rdinance R egarding
P arking and call for a second reading with public hearing.
Background:
R outinely, P olic e and P ublic Works staff is contac ted by res idents c onc erned about individuals parking
overnight in violation of c urrent C ity parking regulations. O vernight parking is rarely an issue for P ublic Works
s taff exc ept during s now plowing operations. T here are often times in exc es s of 130 vehicles that s taff has to
plow around and c ome bac k to clean up after the vehicle leaves. Unfortunately, current parking regulations
allow for daytime parking even if we are ac tively involved in s now plowing operations.
At the January 22, 2018, Work S es s ion s taff pres ented the following three options to addres s overnight parking
related is s ues. O ption 1 was no c hange to the c urrent ordinance inc luding police enforc ement. O ption 2 was no
change to the current ordinanc e but with enhanc e polic e enforcement. O ption 3 was to modify the current
ordinance to inc lude s eas onal res tric tions (no parking 2:00 a.m. to 6:00 a.m. November 1 through April 30), no
on-street parking during any event of 2 ½ inches or more until roads are plowed c urb to curb, no parking for
more than 12 continuous hours, enhanced s eas onal enforc ement and towing during s now events with enhanced
public education and outreach. T he C ity C ouncil did not direct proc eeding with any new options.
Upon further review C ity s taff has developed an amended version of the parking ordinanc e that addresses
s now related parking restrictions s pecific ally. T he proposed amended ordinance prohibits on-s treet parking
after a snow fall of 2.5 inc hes. Within that amendment there is a provision whic h allows for the removal of
vehicles in violation of the ordinance in acc ordanc e with S ec tion 27.121. T hat provis ion would provide for an
enhanc ed enforcement option not previous ly utilized.
Budget Issues:
T he 26 existing C ity limit entry s igns that display the current overnight parking restrictions will all have to be
changed out with the new parking res tric tions identified. T he existing signs will be resurfaced with the new
res tric tions and reins talled. T he cost to perform this work will be negligible and c an be done in the normal
cours e of busines s .
S trategic Priorities and Values:
S afe, S ecure, S table C ommunity
1
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the ____ day of __________, 2018, at
7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek
Parkway, to consider an ordinance related to parking.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the City Clerk at 763-569-3306 to make arrangements.
ORDINANCE NO. __________
AN ORDINANCE AMENDING CHAPTER 27 OF CITY CODE OF ORDINANCES
REGARDING PARKING
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Article I. Brooklyn Center City Code, Section 27-120 is amended as follows:
Section 27-120. PARKING RESTRICTED AND PROHIBITED.
1. No person in charge of any vehicle shall park or permit such vehicle to stand upon the
roadway of any highway or street in the City of Brooklyn Center between the hours of
2 a.m. and 6 a.m., nor for more than 6 consecutive hours at any other time. No person
in charge of any vehicle shall park or permit such vehicle to stand upon any alley in the
City of Brooklyn Center at any time.
2. Snow Emergency. After a snowfall of at least 2.5 inches in the City, parking is
prohibited on any public street or alley until and after that particular street or alley has
been plowed and the snow removed to the curb line. It is unlawful to deposit snow or
ice, plowed or removed from private property, onto the traveled portion of a street,
alley or public way. Vehicles parked in violation of this section may be removed in
accordance with Section 27-121.
3. No person in charge of any vehicle shall park or permit such vehicle to stand upon
any street, highway, parking lot or other area within the City of Brooklyn Center in
violation of posted traffic control devices.
4. No person in charge of any vehicle shall park or permit such vehicles or any part
thereof, to stand upon a public sidewalk or upon the non-roadway area of any public
street right of way.
5. The Chief of Police or his/her designee may allow short-term exceptions to the above
stated parking restrictions under certain circumstances if requests for such exceptions
are submitted to the Police Department at least two hours prior to the time period for
2
which the exception is requested, and if he/she determines that the granting of such
exceptions will not create problems affecting the health and safety of the citizens or
unduly affect traffic movements or street maintenance operations.
Specific examples of events for which exceptions may be granted if all conditions are
met include but are not limited to: a.) family gatherings for special events such as
weddings, graduations, anniversaries, and funerals in residential areas. b.) civic
events such as community celebrations and parades. c.) reconstruction or resurfacing
of driveways. d.) out of state visitors with large R.V.'s.
Section 27-121. REMOVAL OF ILLEGALLY PARKED VEHICLES. Any vehicle
parked in violation of the ordinance of the City or in violation of any State law may be removed
by towing at the direction of the City police to a suitable place for storage until claimed by the
owner or his agent, and the owner or other person responsible for such parking of the vehicle
shall be liable for the reasonable cost of such towing and storage.
Article III. Effective Date. This Ordinance shall become effective after adoption and upon thirty
(30) days following its legal publication.
Adopted this day of , 2018.
__________________________________
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, double underline indicates new matter.)
CITY COUNCIL
ORDINANCE PROPOSAL
SNOW EVENT PARKING
RESTRICTIONS
AUGUST 27, 2018
PARKING ENFORCEMENT –STATE STATUTE
2-8.01.02 Local Authority–Local authorities may also restrict
parking by ordinance or resolution.
2-8.02 Limited Time Parking–Limited time parking is
a local concern, which is controlled by local authorities. It is
Mn/DOT's policy to give considerable latitude to local communities
in setting parking time limits.
PARKING ENFORCEMENT –CITY ORDINANCE
Section 27-120. PARKING RESTRICTED AND PROHIBITED–
No person in charge of any vehicle shall park or permit such
vehicle to stand upon the roadway of any highway or street in the
City of Brooklyn Center between the hours of 2 a.m. and 6 a.m.,
nor for more than six consecutive hours at any other time. No
person in charge of any vehicle shall park or permit such vehicle to
stand upon any alley in the City of Brooklyn Center at any time.
ADDITIONAL PARKING PROVISION
No on-street parking during any snow event of 2 ½ inches or
•
more until the roads are plowed curb to curb.
Enforcement actions would include the issuance of a citation
•
and the towing of any vehicle in violation.
Snow parking restrictions would be enforceable whenever the
•
amount of snow is 2 ½ inches or more.
BENEFITS
Easier for Public Works staff to maintain roadways.
•
Keeps the streets clean/open for emergency personnel.
•
Easier for Police staff to identify suspicious vehicles in
•
neighborhoods.
Citizen complaints the past few years have included “plow-
•
arounds,” which would be eliminated by this provision.
FEEDBACK FROM PUBLIC WORKS
The last snow event of 2017 included 135 vehicle violations from
•
3:00 a.m. –6:00 a.m. and 145 from 6:00 a.m. –8:00 a.m.
There has not been a snow event this year to count snow bird
•
residents.
A poll of surrounding cities conducted by Public Works in 2014,
•
showed snowbirds are a significant issue for most cities (see
handout).
Suggestion –add language to the ordinance that reflects if snowfall
•
½
is over 2 inches, no parking until the streets have been plowed
curb to curb.
CITY COUNCIL
SNOW EVENT PARKING RESTRICTION
ORDINANCE
ORDINANCE PROPOSAL
No on-street parking during any snow event of 2 ½ inches or
•
more until the roads are plowed curb to curb.
Enforcement of the ordinance would include issuance of a
•
citation as well as towing the vehicle to allow for snow plowing.
The provision is in effect whenever snow fall meets or
•
surpasses 2 ½ inches.
COU N C IL ITEM MEMOR ANDUM
DAT E:8/27/2018
TO :C urt Boganey, C ity Manager
T HR O UG H:Meg Beekman, C ommunity Development Director
F R O M:Xiong T hao, Housing & C ommunity S tandards S upervis or
S UBJ EC T:Type I V 6-Month P rovis ional Licens e for 5308 Lilac Dr
Requested Council Action:
- M otion to approve a Type I V 6-month P rovisional R ental L icense
Background:
T his owner is applying for a renewal rental lic ense. T his is s ingle family property. T he previous rental licens e
was a Type I R ental Lic ense. T his property qualifies for a Type I V R ental Lic ense bas ed on twenty (20)
property c ode violations found during the initial rental lic ense inspec tion and zero (0) validated polic e nuisance
inc idents for the past twelve months .
S taff from Administration, C ommunity Development, and P olice Departments worked with the property owner
regarding a mitigation plan, whic h requires P hase I, I I and I I I of the C rime F ree Housing P rogram, and other
items inc luded by C ity ordinanc e for a Type I V R ental Licens e. A Mitigation P lan has been developed
addres s ing the requirements of the ordinance and any issues spec ific to the property.
T herefore, s taff is rec ommending approval of the Type I V R ental Lic ense on condition of adherence to the
Mitigation P lan. P lease refer to the attached c opy of the Mitigation P lan for more information.
C urrent rental licens e approval ac tivities for lic ense expires on 09/30/2018:
01-02-2018 T he O wner, P aul Baird, applied for renewal of the rental dwelling licens e for
5308 Lilac Dr, a s ingle family dwelling.
01-19-2018 An initial rental licens e ins pection was conduc ted and failed. 20 property c ode
violations were c ited, see attached rental criteria.
03-01-2018 A s econd rental inspec tion was c onducted and failed. 2 c orrections were not
made. A weather deferral was granted for the yard was te. A $100 re-inspec tion fee was
c harged to the property.
03-15-2018 A third rental inspec tion was c onducted and failed. P roperty Manager called to
resc hedule. A $100 re-inspec tion fee was charged to the property.
03-29-2018 A fourth rental ins pection was conduc ted and failed. No ac cess granted. A
$100 re-inspec tion fee was charged to the property. T here is a total of $ 300 in re-inspec tion
fees.
03-31-2018 T he previous rental lic ense expired.
04-11-2018 A fifth rental ins pection was conduc ted and failed. Additional violations were
found during the ins pection. A $100 re-ins pection fee was c harged to the property. T here is a
total of $400 in re-inspec tion fees.
04-12-2018 P roperty Manager c alled to re-sc hedule the inspec tion.
04-26-2018 A 6th rental ins pection was conduc ted. All correc tions have been made. $400 in
re-ins pection fees still owed.
05-10-2018 T he $400 in re-inspec tion fees were paid.
06-11-2018 C ity records indic ate 0 validated polic e nuisance inc idents oc curred in the pas t
twelve months .
08-21-2018 A letter was sent to the owner(s) notifying of qualification for Type I V 6-Month
P rovis ional R ental Lic ense, including additional requirements to obtain a rental lic ense. I.e.
submit mitigation plan, completion of P has es I, I I, and I I I of C rime F ree Hous ing P rogram,
etc.
07-17-2018 A Mitigation P lan was s ubmitted.
07-30-2018 T he Mitigation P lan was finalized.
08-21-2018 A letter was sent to the owner notifying that the hearing before the C ounc il will be
held August 27, 2018.
Budget Issues:
T here are no budget is s ues to cons ider.
S trategic Priorities and Values:
S afe, S ecure, S table C ommunity
COU N C IL ITEM MEMOR ANDUM
DAT E:8/27/2018
TO :C urt Boganey, C ity Manager
T HR O UG H:Meg Beekman, C ommunity Development Director
F R O M:Xiong T hao, Housing & C ommunity S tandards S upervis or
S UBJ EC T:Type I V 6-Month P rovis ional R ental Lic ense for 6835 C olfax Ave N
Requested Council Action:
- M otion to approve a Type I V 6-month P rovisional R ental L icense.
Background:
T his owner is applying for a renewal rental lic ense. T his is s ingle family property. T he previous rental licens e
was a Type I I R ental Licens e. T his property qualifies for a Type I V R ental Licens e based on s eventeen (17)
property c ode violations found during the initial rental lic ense inspec tion and zero (0) validated polic e nuisance
inc idents for the past twelve months .
S taff from Administration, C ommunity Development and P olic e Departments worked with the property owner
regarding a mitigation plan, whic h requires P hase I, I I and I I I of the C rime F ree Housing P rogram, and other
items inc luded by C ity ordinanc e for a Type I V R ental Licens e. A Mitigation P lan has been developed
addres s ing the requirements of the ordinance and any issues spec ific to the property.
T herefore, s taff is rec ommending approval of the Type I V R ental Lic ense on condition of adherence to the
Mitigation P lan. P lease refer to the attached c opy of the Mitigation P lan for more information.
C urrent rental licens e approval ac tivities for lic ense expires on 09/30/2018:
02-23-2018 T he O wner, Adeyinka Badewa, applied for renewal of the rental dwelling licens e
for 6835 C olfax Ave N, a single family dwelling.
03-30-2018 An initial rental licens e ins pection was conduc ted and failed. 17 property code
violations were c ited, see attached rental criteria.
03-31-2018 T he previous rental lic ense expired.
04-30-2018 A s econd rental inspec tion was c onducted and failed. Additional violations were
found during the re-ins pection, all previous items have been correc ted.
05-14-2018 A third rental inspec tion was c onducted and passed.
05-23-2018 A $300 Administrative C itation was issued for renting without a licens e.
05-24-2018 C ity rec ords indicate 0 validated police nuis anc e incidents occ urred in the past
twelve months .
05-24-2018 A letter was sent to the owner(s) notifying of qualification for Type I V 6-Month
P rovis ional R ental Lic ense, including additional requirements to obtain a rental lic ense. I.e.
submit mitigation plan, completion of P has es I, I I, and I I I of C rime F ree Hous ing P rogram,
etc.
07-03-2018 A $600 Administrative C itation was issued for renting without a licens e.
07-27-2018 A Mitigation P lan was s ubmitted.
08-03-2018 T he Mitigation P lan was finalized.
08-17-2018 A letter was sent to the owner notifying that the hearing before the C ounc il will be
held August 27, 2018.
Budget Issues:
T here are no budget is s ues to cons ider.
S trategic Priorities and Values:
S afe, S ecure, S table C ommunity
Council/E D A Work
S ession
City Hall Council Chambers
A ugust 27, 2018
AGE NDA
The City C ounc il requests that attendees turn off cell phones and pagers during the meeting. A copy
of the full C ity Council pac ket is available to the public. The packet ring binder is located at the
podium.
AC T I V E D I S C US S IO N I T E M S
1.T-21 I ssue Response
P E ND I NG L I S T F O R F UT URE WO RK S E S S IO NS
1.F uture Ongoing I tems
Cities United Membership
A D A Transition Plan
L iquor/P ublic Dance Ordinance- S eptember
Hennepin County L ibrary
Rental L icense - September
B C L iquor Market S tudy - September
L ivable Wage
Prevailing Wage
Chicken Ordinance - September
Semi Truck Parking Ordinance - S eptember
Transient Accommodations - S eptember
MEMORANDUM - COUNCIL WORK SESSION
DATE:8/27/2018
TO:Curt Boganey, City Manager
THROUGH:N/A
FROM:Reggie Edwards, Deputy City Manager
SUBJECT:T-21 Issue Response
Recommendation:
It is recommended that the City Council consider providing direction to staff regarding the issue of T-21
tobacco.
Background:
In 2014, the City of Brooklyn Center took a leadership stance in the metro region by adopting an ordinance
increasing the purchasing price for cigars to $2.10 cents, which was the first jurisdiction in the region to take
such action.
In 2017, the Council adopt a new strategic plan and priorities for the years 2018 - 2020. Two related strategic
priorities adopted by the Council were “Safe, Secure, Stable Community” and “Resident Economic
Stability.” The deliberation of the issue of “they use of tobacco by youth” is a health, safety and economic
issue.
On Monday, May 10, 2018, the Brooklyn Youth Council and the Hennepin County Public Health Department
presented the City Council with a report and recommendations regarding the issue of T-21 tobacco in
Brooklyn Center.
Key findings from the research conducted by the Brooklyn Youth Council and Hennepin County Public Health
included:
Youth tobacco use behavior
Exposure to tobacco products and marketing
Youth awareness to tobacco and perceptions of tobacco marketing
The effects of tobacco
The recommendations presented by the Youth Council were:
1.Reduce youth access and exposure to flavored tobacco products
2.Increase the cost of tobacco products
3.Raise the minimum legal sells age to 21
4.Reduce the density of tobacco retailers
5.Restrict the sale of tobacco near youth serving facilities
6.Increase tobacco retail compliance with age verification to purchase tobacco products
In preparation for drafting a City response to the recommendations, a multi-departmental team (i.e. Department
of Administration, Department of Community Development, Police Department and the City Attorney) took
the following steps:
Review all presented material and associated research
Interviewed the leadership of the Association for Nonsmokers-Minnesota
Interviewed the leadership of the Hennepin County Public Health Department
Conducted (to take place on Tues. Aug. 21st) listening session with the 21 tobacco licensed
establishments located in Brooklyn Center
Reviewed tobacco related ordinances passed by other Minnesota cities (i.e. Bloomington, Minneapolis,
Plymouth, Richfield, Robbinsdale, St. Louis Park, Falcon Heights, Mendota Heights, St. Paul, and
Shoreview)
The discovery process afforded staff the chance to view the issue from the various perspectives including:
Youth
Businesses and Economic Impact
Community Health
Public Safety
Legal/Regulatory
Rights
Given the research provided, interviews and information presented to the Council staff puts forth the following
six T-21 Options (see attached report for details):
1.Support all recommendations presented by the Brooklyn Youth Council
2.Support a combination of recommendations presented by the Brooklyn Youth Council
3.Take no action on the recommendations
4.Partnering with the schools in Brooklyn Center, Hennepin County and the Brooklyn Youth Council to
develop and fund a program to curtail peer pressure and
5.Establish continued city research and benchmarking in order to better access behavior and changes of
behavior with regard to youth and the use of tobacco in the City of Brooklyn Center.
6.Collaborating with cities to seek statewide legislation to raise age limit of the sale of all tobacco related
products from 18 years of age to 21.
Strategic Priorities and Values:
Safe, Secure, Stable Community
Brooklyn Center to T-21
City of Brooklyn Center
August 27, 2018
Report by:
Tim Gannon, Policy Chief
Meg Beekman, Community Development Director
Troy Gilchrist, City Attorney
Barb Suciu, City Clerk
Reggie Edwards, Deputy City Manager
Brooklyn Center T-21 Tobacco Response
Report
08/27/2018
P a g e 2 | 18
Table of Contents
Overview……………………………………….………………...3
Issue………………………………………………………….…...4
Charge…………………………………………………...……….4
Background……………………………………...……………….4
Process………………………………………………...………....6
Key Findings…………………………………………………......7
Response Options……………………………………..………...12
Ordinance Change Timeline (If Needed)……………..……..….17
Appendices……………………………………………..……….18
Brooklyn Center T-21 Tobacco Response
Report
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P a g e 3 | 18
Overview
In 2017, the Council adopt a new strategic plan and priorities for the years 2018 - 2020. One of
the strategic priorities adopted was “Safe, Secure, Stable Community”. It is this priority, which
primarily covers the issue of use of tobacco by youth in the City of Brooklyn Center. A
secondary, but related City strategic priority is “Resident Economic Stability”. Resident
economic stability is influenced by employment opportunities or jobs and wages. Subsequently,
the success of businesses in Brooklyn Center is vital. The deliberation of the issue of “they use
of tobacco by youth” is a health, safety and economic issue.
In 2017, the Brooklyn Youth Council undertook an effort titled, “the 2018 Tobacco Prevention
Project”. The purpose of the project was to understand the effect of tobacco on their community.
In May of 2018, the Brooklyn Youth Council presented the results of their project including
findings and recommendations for the Brooklyn Center City Council for consideration. Following
the presentation the City Council directed staff to research, review and prepare a response for the
consideration by the Council.
Staff (i.e., Police Chief, Tim Gannon; Community Development Director, Meg Beekman; City
Clerk, Barb Suciu; City Attorney, Troy Gilchrist, and Deputy City Manager, Reggie Edwards)
conducted research, interviews and reviewed reports on the subject matter in order to prepare a
City response for consideration by City Council.
Based upon staff’s findings there were six options developed, which are included in this document,
for consideration by the City Council. Each of the options include a brief description and a listing
of pros and cons.
Should the Council desire to move forward with adopting any of the developed options a draft
outline of steps and timeline is shown in this report, which includes a November 3, 2018 effective
date.
The purpose of this report is to provide a framework or options that the Brooklyn Center City
Council may consider in response to the recommendations set forth by the Brooklyn Youth
Council on Monday, May 14, 2018.
This report includes the following sections:
Overview
Issue
Charge
Background
Key Findings
Response Options
Recommendation
Ordinance Change Timeline (If Needed)
Appendices
Brooklyn Center T-21 Tobacco Response
Report
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P a g e 4 | 18
Issue
The mission of the Brooklyn Youth Council is “to represent youth in Brooklyn Center and
Brooklyn Park by providing a voice in collaboration with the community and local government
in order to positively raise awareness of problems facing youth”.
The Brooklyn Youth Council believe that “Young people are an essential part of their
community and have a unique perspective to bring to planning and decision-making processes.
Young people bring unique voices to the table because our voice matters and is just as
important”.
The Brooklyn Youth Council conducted the 2018 Tobacco Prevention Project to gain better
understanding of the effect of tobacco use by youth on the community.
Based upon the findings in the 2018 Tobacco Prevention Project the Brooklyn Youth Council
presented a set of proposal recommendations to the Brooklyn Center City Council to prevent the
use of tobacco by young people living and visiting the City.
Charge
Upon hearing the set of proposed recommendations related to preventing young people from using
tobacco, the City Council directed staff to research, review and prepare a City response for
consideration by the Council.
Background
In the past (2014), the City of Brooklyn Center took an historic leadership stance in the metro
region by adopting an ordinance increasing the purchasing price for cigars to $2.10 cents. That
was a strategy to restrict or hamper the purchasing of tobacco by youth and Brooklyn Center was
first in the region to do so at that time. Today several cities have modeled their tobacco ordinance
and pricing policy after Brooklyn Center; however, several have moved beyond the price of $2.10
cents for cigars to $2.60 cents.
In 2017, the Council adopt a new strategic plan and priorities for the years 2018 - 2020. Two
related strategic priorities adopted by the Council were “Safe, Secure, Stable Community” and
“Resident Economic Stability.” The deliberation of the issue of “they use of tobacco by youth” is
a health, safety and economic issue.
In 2017, the Brooklyn Youth Council undertook the 2018 Tobacco Prevention Project. The
purpose of the project was to gain better understanding of the effect of tobacco use by youth in the
community. The project included elements such as training and research with Hennepin County,
research information gathering from 8 focus groups of 38 youth in Brooklyn Center and Brooklyn
Park, and education and awareness activities.
The Brooklyn Youth Council developed a report including research findings and
recommendations.
Brooklyn Center T-21 Tobacco Response
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Key findings from the research conducted by the Brooklyn Youth Council and Hennepin County
Public Health included (see attachment):
A. Youth tobacco use behavior - City of Brooklyn Center Summary of Tobacco
Environmental Scan, by Hennepin County Public Health and Statewide Improvement
Partnership or SHIP, April 17, 2018 (see attachment):
Many youth expressed that tobacco was very easy to obtain
Cigarillos, menthol cigarettes, and flavored e-cigarettes are the most prominent tobacco
products youth use.
Youth view E-cigarettes as a health y alternative to cigarettes.
Many youth expressed that stress and peer pressure were the primary reason they chose
to use tobacco.
B. Exposure to tobacco products and marketing - City of Brooklyn Center Summary of
Tobacco Observational Visits, June 2016 by Hennepin County Public Health and Statewide
Improvement Partnership or SHIP, April 17, 2018 (see attachment):
Youth frequent tobacco retailers on a daily basis
Corner stores, convenience stores and gas stations are the stores youth shop at the most.
C. Youth awareness to tobacco and perceptions of tobacco marketing:
Youth are aware that tobacco marketing is more prominent in low-income and
communities of color.
Young people realize that the marketing of flavored tobacco products is directed at
them.
Marketing of e-cigarettes as a healthier alternative is effective among youth.
D. The effects of tobacco:
Youth felt tobacco is a gateway to other drugs.
Using tobacco affects youth’s physical, emotional, and mental health.
The Brooklyn Youth Council developed six recommendations for the consideration by the
Brooklyn Center’s City Council, which included the following:
1. Reduce youth access and exposure to flavored tobacco products
o Restrict the sale of flavored tobacco products (including menthol) to tobacco shops
that restrict minors
2. Increase the cost of tobacco products
o Require that cigars sold in packages of 3 or fewer be sold at a minimum prices of
$2.60 per cigar contained in package; and packages of 4 or more sold for no less
than $10.40/package
o Increase product costs through non-tax approaches such as prohibiting coupon
redemption or other price discounting
3. Raise the minimum legal sells age to 21
Brooklyn Center T-21 Tobacco Response
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4. Reduce the density of tobacco retailers
o Reduce the number of tobacco retailers to 15 retail stores
5. Restrict the sale of tobacco near youth serving facilities
o Restrict the proximity of new tobacco retailers to within 1,000 feet of youth serving
facilities, such as schools/educational facilities, parks, community centers, and
libraries
6. Increase tobacco retail compliance with age verification to purchase tobacco products
o Require retailer employee training on youth access laws
o Increase the number of annual compliance checks
o Require re-inspections after failed compliance check(s) and/or FDA violation(s)
o For additional cost of administering the compliance checks, increase the licensing
fee so that the license holder absorbs the costs
o Signage – Require the notice of legal sales age and age verification requirements
be posted at each retail store
o Increase penalties for license violations
On Monday, May 14, 2018, the Brooklyn Youth Council with Hennepin County Public Health
Department presented the findings and recommendations from the 2018 Tobacco Prevention
Project to the Brooklyn Center City Council for consideration.
Following the presentation the City Council directed staff to research, review and prepare a
response for the consideration by the Council.
Process
In preparation of drafting a City response to the recommendations, a multi-departmental team (i.e.
Department of Administration, Department of Community Development, Police Department and
the City Attorney) took the following steps:
Review all presented material presented by the Brooklyn Youth Council
Staff conducted secondary research by reviewing associated research, data, material and
reports on the subject matter
Interviewed the leadership of the Association for Nonsmokers-Minnesota
Interviewed the leadership on the related subject of the Hennepin County Public Health
Department
Interviewed the leadership on the related subject of the Public Health Law Center
Conducted listening session with the 21 tobacco licensed establishments located in
Brooklyn Center
Reviewed tobacco related ordinances passed by other Minnesota cit ies including:
Bloomington, Minneapolis, Plymouth, Richfield, Robbinsdale, St. Louis Park, Falcon
Heights, Mendota Heights, St. Paul, and Shoreview - Tobacco Retail Sales Ordinance
Restrictions, SHIP, July 2018 and Tobacco Prevention Policies – Hennepin County and the
Surrounding Area Cigar Minimum Price/Package, Flavored Product Restriction, Tobacco
21, Hennepin County Public Health and SHIP, May 21, 2018 (see attachment)
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Key Findings
After reviewing numerous documents, and conducting interviews and listening sessions the
findings of: perspective and recommendation rationale, youth, business and economic influence,
community health, public safety, and rights were revered.
A. Perspective and Recommendation Rationale
The focus of the recommendations presented to the City Council and similar positions by tobacco
prevention advocates revolve around two factors including 1) access to tobacco and 2) restrictions
of the purchase of tobacco. The recommendations may be strategically grouped or viewed in the
following two ways:
Reducing access to tobacco by youth
Reduce youth access and exposure to flavored tobacco products
Reduce the density of tobacco retailers
Restrict the sale of tobacco near youth serving facilities
Restricting the purchasing of tobacco by youth
Increase the cost of tobacco products
Raise the minimum legal sells age to 21
Increase tobacco retail compliance with age verification to purchase tobacco
products
B. Youth
The City conducted a youth mock city council meeting. The youth mock council meeting
provided youth with the opportunity to review, deliberate and vote with their peers on the issue
of T-21 tobacco. The exercise also provided the City Council with an opportunity to hear views
on the issue from a second group of youth. The second group of seven (7) youth was smaller
sample size of youth than that of the 38 youth who participated in the focus groups facilitated by
the Brooklyn Youth Council. The participating youth from the mock council meeting expressed
a variety of thoughts on the subject including:
Youth are capable of making decisions for themselves with appropriate education
The City acting alone is insufficient to address the problem of youth using tobacco,
because youth will travel to the next city to purchase tobacco products
While youth are capable of making decisions, at the ages below 21 it may not be the case
due to maturity of youth. Making healthy decisions for youth who are not mature,
enough to do so is a “good thing”.
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Education and programming was important, because it could address underlining issues
that cause youth to use tobacco (i.e. stress and peer pressure), as well as, equip youth to
make their own choices about whether or not to purchase tobacco products.
C. Businesses and Economic
There was limited information provided or known regarding the economic effect of the
recommendations on local businesses in Brooklyn Center. City staff researched comments or
positions taken by businesses during the process of other cities in Minnesota that were
considering the T-21 tobacco issue. In addition, the City held a listening session with BC
tobacco-licensed establishment and interviewed at least one tobacco-licensed establishment
located outside of the City of Brooklyn Center.
According to Menthol Smokers Will Shop at Convenience Stores, The Association for
Nonsmokers-Minnesota and ClearWay Minnesota, 2017, states, “61% of menthol smokers buy
other item when they buy cigarette. Beverages, snacks, and gas are most common purchases.”
Retailers may view smokers in terms of foot-traffic for larger purchases. Thereby, an economic
assessment of changes in tobacco sells policy would include the impact of purchasing or revenue
losses of other products. However, according to National Association Convenient Stores, State of
the Industry Summit, Convenience Store Petroleum Daily News, August 2017, customers go to
convenience stores 49% of the time purchase a drink, 35% to purchase food or a snack and 17%
for other reasons including tobacco, ATM and restroom during the year of 2015. In the following
year, 2016 percentage of in-store profits attributed to the other category was 13%.
Arguments at the national level by business friendly associations have been that of opposition to
restrictions on the sale of menthol-flavored tobacco. According to ClearWay Minnesota,
3/18/2015, adolescents smoke menthol at higher rates than any other age group including:
44% of Minnesota teen smokers
83% of U.S. African Americans youth smokers
70% of U.S. LGBTQ youth smokers
There are currently 21 tobacco-licensed establishments in Brooklyn Center (see-attached list).
Those businesses were invited to a listen session on Tuesday, August 21, 2018 to discuss the T-
21 tobacco issue and related business implications. Several of the 21 tobacco-licensed
establishments participated (i.e. Holiday Stationstores, Winner Gas and Premier Tobacco, Pump-
N-Munch, and Brooklyn BP) in a robust discussion of the issue.
Key takeaways from the listening session include:
The combination of both an increased age restriction and restriction on flavored tobacco
products would negatively affect their businesses.
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Raising the age limit from 18 to 21 for tobacco purchases would not significantly affect
their business; however, those customers would simply go to the next city to purchase
tobacco products.
Restriction on menthol products was viewed as being the most harmful to the businesses.
The businesses were willing and open to the idea of increasing compliance, as
recommended by the Brooklyn Youth Council.
The businesses felt that the key way to reducing youth tobacco usage is through
education. Additional outreach regarding the dangers would be more helpful than
punishing the retailers.
If this were a statewide proposal, it would be more helpful, because there would be an
even or level playing field.
Businesses with multiple stores located across the region or state are particularly
challenged with training staff and having staff work in different stores that are located in
different cities. It becomes a challenge for retailers to keep up with different city policies
and appropriately cross-train staff.
In interviewing a business owner of a tobacco-licensed establishment located outside of the City
of Brooklyn Center, the business owner made the following comments:
There would be very limited effect on business if the purchasing age were raised from 18
to 21.
Adoption of a policy raising the purchasing age from 18 to 21 years of age could have a
negative effect on business if, a city adopts such a policy alone within their competitive
market. The negative affect would be due to customers simply traveling to the next city
to purchase the same products legally. This scenario would place a business at business
disadvantage.
Adopting a policy of permitting the sale of tobacco or tobacco-flavored products to any
one type of establishment (i.e. adult tobacco store) would create a business disadvantage
or uneven playing field for other businesses competing within the market.
Adopting a policy statewide would cure any problems because there would be a level
playing field across the state or from city to city.
D. Community Health
Community health involved understanding the effect of tobacco use by youth both in the short-
term and long-term. According to the Institute of Medicine of the National Academies, Advising
the Nation Improving Health, 2015, “Nearly all tobacco users start before the age of 21. Also, that
over the past 50 years, tobacco control in the United States has led to an estimated 8 million fewer
premature deaths.”
According to the City of Brooklyn Center Tobacco Environmental Scan, Hennepin County Public
Health and SHIP, April 4, 2018 (see attached), from the years 2010 to 2016, the use of conventional
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tobacco for youth for the combined four school districts in Brooklyn Center declined by 7% down
to 3% for the entire youth survey population of 7 th grade students. From 2013 – 2016, the use
declined by 7% down to 8% for 11th grade student respondents, respectively. While there is little
to no longitudinal data for use of electronic cigarettes for youth, electronic cigarettes are used by
10% of 7th grade youth and 17% of 11th grade youth, respectively (Minnesota Student Survey,
2018 – see attached).
E. Public Safety
Public safety involved understanding effect on anti-social or unlawful behavior and regulatory
violations.
A key finding from the research conducted by the Brooklyn Youth Council focus group sessions
involving youth ranging in ages 12 – 20 was that “youth felt tobacco is a gateway for other drugs.”
Retailers that possess a tobacco license are subject to compliance inspection checks conducted
by the City’s police department, as well as, the Federal Drug Administration (FDA). Review of
the FDA Website
(https://www.accessdata.fda.gov/scripts/oce/inspections/oce_insp_searching.cfm, 2018),
revealed that the FDA conducted 31 compliance checks and issued two civil penalties for
violations in 2015. One involved sales to a minor and one did not. In 2016, they conducted 20
checks and found no violations. In 2017, they conducted 24 checks and found three violations,
which were sales to a minor.
According to the City of Brooklyn Center Tobacco Environmental Scan by Hennepin County
Public Health and Statewide Improvement Partnership or SHIP, April 17, 2018 (see attached),
indicated that approximately two (2) local compliance checks are made in the City. In the years
2015, 2016, and 2017 City inspections registered zero infractions or inspection failures.
City ordinance (see attached) stipulates that compliance checks be made for each tobacco-licensed
establishment at least once per year. The city may choose to conduct additional compliance checks.
F. Legal/Regulatory
A view of issue from legal and regulatory perspective involved understanding ordinances and
policies such as that of fees and zoning. In the report of “Using Licensing and Zoning to Regulate
Tobacco Retailers” report by the Tobacco Control Legal Consortium, 2011 identified four
elements as tips for effective licensing and zoning including:
Clear definitions and concise language – Carefully avoid vague or ambiguous language.
Well-crafted implementation process – Specify the means by which a retailer applies for,
receives, and maintains permission to sell tobacco products.
Appropriate fees – the fees assessed to a tobacco retailer should be set at an amount that
takes into account the cost of administering the law.
Robust enforcement options – The law should clearly describe the type of conduct it
prohibits.
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Another legal and regulatory issue that of punishment for violation of local policies and laws.
More specifically is the issue of the burden accountability and responsibility for such violations.
The City ordinance (see attached) states, nothing prohibits the City from seeking prosecution as a
misdemeanor for alleged violation of the ordinance (BC Ord. 23-101 through 23-108). For
example, violations of sell of tobacco products to minors, which is against the law currently has
consequences for both the business establishment and the minor. Penalties for purchasing of
tobacco products by a minor are:
Business establishment – Current City ordinance stipulates violation of the Youth Access
Regulations in Brooklyn Center incur the following penalties:
• 1st violation = $100
• 2nd violation within a 24 month period = $200
• 3rd violation within a 24 month period = $250 plus a 7-day license suspension
Youth – Current City ordinance penalizes persons under the age of 18 for purchase or
attempt to purchase, use, and possession of tobacco, tobacco products, tobacco-related
devices, or nicotine or lobelia delivery devices. Subject to administrative fine or other
penalty, that the City believes will be appropriate and effective. The administrative fine or
other penalty shall be established by the City Council ordinance upon the City Council’s
consultation with interested parties of the courts, educators, parents and children to
determine an appropriate penalty for minors in the City.
G. Individual Right
As advocates of greater tobacco restrictions articulate to harm of tobacco to individuals and public,
others argue individual rights. In researching testimonies and issues raised during deliberations
by other cities considering the T-21 tobacco issue an argument of “if the age of 18 is good enough
to fight and die for your country, it ought to be good enough to purchase cigarettes or tobacco”
periodically arose. The balance of individual rights versus broader public right remains an issue
of the tobacco debate. Years ago, before public places and restaurants banned smoking second-
hand smoking was of great debate. The issue of balancing individual rights versus broader public
rights too, challenged the tobacco issue at that time.
As mentioned in the section of “youth from the mock city council meeting”, one of the
participating youth articulated that youth are capable of making decisions for themselves with
appropriate education. A tobacco-licensed establishment owner also raised this issue during the
business listening session.
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Response Options
Given the research provided, interviews and information presented to the Council staff puts
forth the following six T-21 Options:
Options Related to Recommendations Presented
1. Support all recommendations presented by the Brooklyn Youth Council
Note – there is limited local data that show the recommendations will have the intended
affect. Anecdotal information gathered by the Brooklyn Youth Council and associated
research suggest that employing such recommendations could positively affect or curtail
the behavior of youth regarding tobacco.
Pro
Continued City leadership in altering the behavior and access to tobacco by youth
Alter the opportunity to be exposed and purchase of tobacco
Successful implementation may contribute toward the City’s strategic priority of
“Safe, Secure, Stable Community”
Successful implementation may contribute toward healthier youth and eventually
adults; thereby, reducing health care cost and other associated social cost.
Con
There is limited data that indicate that such measures will affect local behavior of
youth regarding the use of tobacco.
Local tobacco-licensed establishments may perceive or believe these measures
would negatively affect their business.
Brooklyn Youth Council Recommendations
1. Reduce youth access and exposure to flavored tobacco products
o Restrict the sale of flavored tobacco products (including menthol) to tobacco shops that restrict minors
2. Increase the cost of tobacco products
o Require that cigars sold in packages of 3 or fewer be sold at a minimum prices of $2.60 per cigar contained in package; and
packages of 4 or more sold for no less than $10.40/package
o Increase product costs through non-tax approaches such as prohibiting coupon redemption or other price discounting
3. Raise the minimum legal sells age to 21
4. Reduce the density of tobacco retailers
o Reduce the number of tobacco retailers to 15 retail stores
5. Restrict the sale of tobacco near youth serving facilities
o Restrict the proximity of new tobacco retailers to within 1,000 feet of youth serving facilities, such as schools/educational
facilities, parks, community centers, and libraries
6. Increase tobacco retail compliance with age verification to purchase tobacco products
o Require retailer employee training on youth access laws
o Increase the number of annual compliance checks
o Require re-inspections after failed compliance check(s) and/or FDA violation(s)
o For additional cost of administering the compliance checks, increase the licensing fee so that the license holder absorbs the
costs
o Signage – Require the notice of legal sales age and age verification requirements be posted at each retail store
o Increase penalties for license violations
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Local tobacco-licensed establishments may perceive some of the recommendations
create an uneven or unfair competitive market. They may result in creating
business winners and losers.
Increased regulatory and enforcement measures by staff
2. Support a combination of recommendations presented by the Brooklyn Youth
Council
Note – there is limited local data that show the recommendations will have the intended.
Anecdotal information gathered by the Brooklyn Youth Council and associated research
suggest that employing such recommendations could positively affect or curtail the
behavior of youth regarding tobacco.
The fundamental difference between Options 1 and 2 is the degree of aggressiveness of the
City pursuing the behavior of youth using tobacco. This option takes into consideration
the viewpoints and discussion points of tobacco-licensed establishment.
Pro
Continued City leadership in altering the behavior and access to tobacco by youth
Alter the opportunity to be exposed and purchase of tobacco
Successful implementation may contribute toward the City’s strategic priority of
“Safe, Secure, Stable Community”
Successful implementation may contribute toward healthier youth and eventually
adults; thereby, reducing health care cost and other associated social cost.
Recommendations not included in this option may show limited affect or less of an
affect. For example there are .65% retailers per 1,000 residents which is lower than
the national average of 1.5% or 14% of the retail stores are within 1,000 feet, or a
Brooklyn Youth Council Recommendations
1. Reduce youth access and exposure to flavored tobacco products
o Restrict the sale of flavored tobacco products (including menthol) to tobacco shops that restrict minors
2. Increase the cost of tobacco products
o Require that cigars sold in packages of 3 or fewer be sold at a minimum prices of $2.60 per cigar contained in package; and
packages of 4 or more sold for no less than $10.40/package
o Increase product costs through non-tax approaches such as prohibiting coupon redemption or other price discounting
3. Raise the minimum legal sells age to 21
4. Reduce the density of tobacco retailers
o Reduce the number of tobacco retailers to 15 retail stores
5. Restrict the sale of tobacco near youth serving facilities
o Restrict the proximity of new tobacco retailers to within 1,000 feet of youth serving facilities, such as schools/educational
facilities, parks, community centers, and libraries
6. Increase tobacco retail compliance with age verification to purchase tobacco products
o Require retailer employee training on youth access laws
o Increase the number of annual compliance checks
o Require re-inspections after failed compliance check(s) and/or FDA violation(s)
o For additional cost of administering the compliance checks, increase the licensing fee so that the license holder absorbs the
costs
o Signage – Require the notice of legal sales age and age verification requirements be posted at each retail store
o Increase penalties for license violations
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couple of blocks, of schools, compared to 23% of Hennepin County stores,
according to observational visits conducted in June 2016 by Hennepin County
Public Health and SHIP – City of Brooklyn Center Summary of Tobacco
Observational Visits, June 2016 (see attachment).
Local tobacco-licensed establishments may perceive there is a preservation of a
level playing field.
Local tobacco-licensed establishments may perceive recommendations to be less
draconian and harmful to the success of their business.
Con
There is limited data that indicate that such measures will affect local behavior of
youth regarding the use of tobacco.
Local tobacco-licensed establishments may perceive or believe these measures
would negatively affect their business.
Increased regulatory and enforcement measures by staff
3. Take no action on the recommendations
Pro
Retain the expenditure of staff and financial resources on a matter that may have
little effect on the behavior on youth using tobacco in Brooklyn Center one way or
the other or return-on-investment (ROI).
No operational interruptions for tobacco-licensed establishments or lose of
revenues
Con
Anti-social behavior of tobacco use by youth may grow and accelerate in
perniciousness of the behavior, cost of remedying the behavior in the future, and
negative affect of the overall social environment of the city.
Additional Options Beyond to Recommendations Presented by the Brooklyn Youth Council
4. Partnering with the schools in Brooklyn Center, Hennepin County and the Brooklyn
Youth Council to develop and fund a program to curtail peer pressure and stress that
lead to tobacco use as found in the Brooklyn Youth Council research as the primary
factor for tobacco use by youth.
The City would add to the tobacco license fee, which is currently is a total of $300
including a $150 administrative and $150 inspection fee. Two hundred dollars ($200)
could be added to the tobacco license fee, which would equate to approximately $4,200
annual programming funding. If leverage with Hennepin County and the four school
districts in the City sufficient funding for an robust program could be designed,
implemented and sustained. Engage both youth and business owners.
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The authority to license the retail sale of tobacco is set out in Minn. Stat. §
461.12. As a licensing authority, the City is required to consult with educators and
children to address the use of tobacco by minors, including the option to provide
tobacco free education programs:
Subd. 4. Minors. The licensing authority shall consult with interested
educators, parents, children, and representatives of the court system to develop
alternative penalties for minors who purchase, possess, and consume tobacco,
tobacco-related devices, electronic delivery devices, or nicotine or lobelia
delivery products. The licensing authority and the interested persons shall
consider a variety of options, including, but not limited to, tobacco free education
programs, notice to schools, parents, community service, and other court
diversion programs.
Should the City choose to increase the tobacco license fee for educational purposes
the increase itself must be focused on what the city is required to do and be
reasonable for educational programming purposes and not necessarily hiring staff.
Note – A key finding in the research conducted by the Youth Council was that the use of
tobacco by youth was primarily because of stress and peer pressure. While on the strategy
of access to tobacco and restrictions of purchase have been to focal points, they are not the
root causes or driving forces of tobacco use.
Pro
Continued City leadership in altering the behavior and access to tobacco by youth
May affect reducing the use of tobacco by youth more by preventing the anti-social
behavior.
The ability to leverage resources in partnership to create a greater effect on the
issue.
May be mutually agreed upon and create a win/win/win scenario among youth,
businesses and health advocates.
Con
Expands the actions and complexity by the City
Upfront cost to seed partnership efforts
Increased engagement of staff resources
5. Establish continued city research and benchmarking in order to better access
behavior and changes of behavior with regard to youth and the use of tobacco in the
City of Brooklyn Center. Engage both youth and business owners.
Pro
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Leverage and build upon the Brooklyn Bridge Alliance and Brooklyn Youth
Council social infrastructure of the City.
Increase opportunity to structurally engage youth (Brooklyn Youth Council) in
policy development and implementation measures
Increase measure to achieve the City Strategic Priority of “Enhance Inclusive
Engagement”
Con
Require additional investment
6. Partnering with cities to seek statewide legislation to raise age limit of the sale of all
tobacco related products from 18 years of age to 21.
Note – During the 2018, legislative session bi-partisan legislation was introduced to raise
the age limit; however, it did not make it through the legislative session or there was no
final action taken on the bill.
Pro
Continued City leadership in altering the behavior and access to tobacco by youth
May affect reducing the use of tobacco by youth more by preventing the anti-social
behavior.
The ability to leverage resources in partnership in order to create a greater effect on
the issue.
Mutually agreed upon need by youth and businesses.
Con
Expands the actions and complexity by the City
Increased (limited) engagement of staff resources and Council members (i.e.
testifying, information gathering in support of legislation)
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Ordinance Change Timeline (If Needed)
Should the City Council desire to move forward with amendment of the City Tobacco Ordinance
outlined below is a tentative timeline of sequential steps for approval.
TOBACCO ORDINANCE AMENDMENT
Council Date Action
August 27 Work Session presentation regarding Ordinance Amendment for Tobacco
regulations
September 10 1st Reading of Ordinance Amendment for Tobacco regulations (on agenda as
a consent item)
September 13 Publish Public Hearing Notice for Ordinance Amendment for Tobacco
regulations
September 24 2nd Reading – Public Hearing of Ordinance Amendment for Tobacco
regulations (and adoption)
October 4 Publish Adopted Ordinance Amendment
November 3 Effective date of Adopted Ordinance (30 days after publication)
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Appendices
i. City of Brooklyn Center Summary of Tobacco Observational Visits, June
2016 ….……………………………………………………………......Page 5
ii. Introduction Summary….…………….……………………………......Page 5
iii. City of Brooklyn Center Tobacco Environmental Scan… ………Page 5,9,10
iv. Tobacco Retail Sales Ordinance Restrictions………………………….Page 6
v. The Surrounding Area Cigar Minimum Price/Package, Flavored Product
Restriction, Tobacco 21………………………………………………..Page 6
vi. City of Brooklyn Center Tobacco License Establishments……………Page 8
vii. Current Brooklyn City Tobacco Ordinance…...…………………..……10,11
viii. Minnesota Student Survey…………………………………………………11
MEMORANDUM -COUNCIL WORK SESSION
DATE:8/27/2018
TO:Curt Boganey, City Manager
THROUGH:N/A
FROM:
SUBJECT:Future Ongoing Items
Recommendation:
Cities United Membership
ADA Transition Plan
Liquor/Public Dance Ordinance- September
Hennepin County Library
Rental License - September
BC Liquor Market Study - September
Livable Wage
Prevailing Wage
Chicken Ordinance - September
Semi Truck Parking Ordinance - September
Transient Accommodations - September
Background: