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HomeMy WebLinkAbout2018 09-24 CCM Regular Session09/24/18 -1- 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 SEPTEMBER 24, 2018 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director Doran Cote, Community Development Director Meg Beekman, City Clerk Barb Suciu, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. He announced the City Council is working on a parking ordinance and should it be adopted, that information will be provided at this point in the meeting going forward. Paul Yang, 5925 Pearson Drive, described his work with City staff to renew a rental license and why he believes there is a record of the Enforcement Officer’s actions as recklessness. He stated he had sent in the required report but staff indicated they have no record. During his second visit to City Hall, he was told his rental property had eight violations to correct. Mr. Yang stated he received a letter saying his property has a validated number of police calls and labeling his property as a problem property and his renters as bad. Mr. Yang stated if the rules apply to all, he accepts them but this is not fair. Emily Anderson, 4136 Columbus Avenue, Minneapolis, Association for Nonsmokers of Minnesota (ANSR), stated they are dedicated to reducing the impact of tobacco use and strongly encourage the City to restrict the sale of flavored tobacco products to 21 years of age. She showed the City Council several tobacco products that are flavored and encouraged including menthol in the option of flavored restriction. Ms. Anderson stated she believed the use of tobacco was on the backs of minorities and the poor. Maima Freeman, 6852 Grand Place North, tenant of Victoria Townhomes, stated she is being charged for repairs in her unit, late fees on these charges, and then the City inspects and the repair is completed incorrectly, the maintenance person has to make the correction in the repair, which results in another repair charge to her. 09/24/18 -2- Mayor Willson stated the City is already meeting with the management of Victoria Townhomes on some of these issues. He encouraged Ms. Freeman to contact management as well as City staff to participate in those discussions. Denise Butler, 7552 Brunswick Avenue N., tenant of Victoria Townhomes and African Career Education Resource (ACER) employee, stated she has been working with residents and City staff to address Victoria Townhome issues but things are not changing. She believed there has been exploitation by management who are extorting fees for making repairs, a continuous cycle with late fees, and a10% interest rate on late fees so residents are not able to get ahead. In addition, Victoria Townhomes has not had livable conditions for a long time. With regard to the parking issue, Ms. Butler believed it is not fair and discriminatory practices when residents cannot park in the complexes and are then double charged to park on City streets, especially during winter months as they deal with shoveling around cars. Ms. Butler asked the City to look into and address these issues appropriately. Mayor Willson asked Ms. Butler whether she had contacted the State Attorney General’s office about the fees being charged. Ms. Butler stated she would take that suggestion into consideration. Veronica Lewis, 2830 North Way Drive, stated there are not a lot of parking spaces. She explained most women work late and since the lights are not on in the back of the complex, they park in a safe place on the street and then get citations. Ms. Lewis stated last year, they asked the City to look into parking for Yang mothers with children. Hamza Hussan, 2406 Lyndale Avenue South, ACER community organizer, was introduced but made no comments at this time. Councilmember Ryan moved and Councilmember Graves seconded to close the Informal Open Forum at 6:57 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Lawrence-Anderson read a quote relating to peace as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were Deputy City Manager Reggie Edwards, Finance 09/24/18 -3- Director Nate Reinhardt, Public Works Director Doran Cote, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, City Clerk Barb Suciu, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan stated he thought about requesting to remove Item 6f, First Reading of an Ordinance Amending Chapters 1 and 19 of the City Code of Ordinances Regarding Chickens, from the Consent Agenda to allow for discussion. However, given the nature of the ordinance and its complexity, feels it would place staff at a disadvantage. Councilmember Ryan noted the City Council considers routine matters or first reading of ordinances on the Consent Agenda but the public is not then aware of the item. He believed by calling attention to the item, the press will report on it and folks at home will become aware and contact elected officials about the issue. Councilmember Ryan stated the City Council has heard from those who are interested in allowing chickens in residential yards but not heard much from people who may have a different take on it. Mayor Willson stated he tends to agree as he is not in favor of a first reading of this ordinance on the Consent Agenda and would prefer it be considered on the regular agenda along with a public hearing so residents have time to formulate an opinion by the time it is considered for seconded reading. He supported removing Item 6f for consideration as Item 10c on the regular agenda. Councilmember Butler stated this topic has been discussed and received press coverage but she would not object if the City Council wants to remove it from tonight’s Consent Agenda. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, as amended, to remove Item 6f, First Reading of an Ordinance Amending Chapters 1 and 19 of the City Code of Ordinances Regarding Chickens, for consideration as Item 10c, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. September 10, 2018 – Study Session 2. September 10, 2018 – Regular Session 3. September 10, 2018 – Work Session 6b. LICENSES MECHANICAL AirTech Thermex, LLC 4918 W. 35th Street, St. Louis Park, 55416 Heating & Cooling Design, Inc. 13234 Urbank Ct. .NE, Blaine, 55449 Knott Mechanical, Inc. 3051 220th Street E., Prior Lake, 55372 09/24/18 -4- MNP Mechanical LLC 16320 Harvard Drive, Lakeville, 55044 Pierce Refrigeration 1920 2nd Avenue, Anoka 55303 TOBACCO RELATED PRODUCTS Casey’s Retail Company 2101 Freeway Blvd., Brooklyn Center 55430 Dba: Casey’s General Store RENTAL INITIAL (TYPE III – one-year license) 4201 Lakeside Ave. #203 Cary Liesinger INITIAL (TYPE II – two-year license) 5207 63rd Avenue N Samuel Carrillo 6261 Brooklyn Dr. Ruben Zempoaltecatl 4741 Twin Lake Ave. Joseph Cheney RENEWAL (TYPE III – one-year license) 5500 Bryant Avenue N. Donovan Gilbert Missing 1 ARM Meeting 6907 Palmer Lake Dr. W. RHA 3, LLC 5900 Pearson Dr. Mary T. Properties Missing 1 ARM Meeting RENEWAL (TYPE II – two-year license) 2318 55th Avenue N. Helen Osonowo 4908 Abbot Avenue N. Aaron Burmeister 7031 Humboldt Avenue N. Invitation Homes 5812 Scott Avenue N. Lankia Lartey RENEWAL (TYPE I – three-year license) 2806 65th Avenue N. A-Jelil Abdella 1325 68th Lane N. Konrad Wagner c/o Phil Beaumia 2932 69th Lane N. Mayerling Rios 5356 71st Circle Xiaoyan Hu 5927 Aldrich Avenue N. Yue Liu 6315 Brooklyn Blvd. Raymond He 5819 Dupont Avenue N. Tiet Nguyen 5230 Great View Ave. JDA Group LLC c/o Julie Atkinson 4013 Joyce Lane Frederick Heim 6701 Scott Avenue N. Olaleye Oluwabukunmi Olagbaju 6c. RESOLUTION NO. 2018-164 ACCEPTING WORK PERFORMED AND AUTHORIZING RELEASE OF FUNDS FOR CERTAIN FINANCIAL GUARANTEES BEING HELD BY THE CITY 09/24/18 -5- 6d. RESOLUTION NO. 2018-165 DECLARING PUBLIC NUISANCE AND ORDERING THE REMOVAL DEAD TREE 6e. RESOLUTION NO. 2018-166 OPPOSING OFF SALE OF ANY STRONG BEER, SPIRITS & WINE AT ANY OUTLET OTHER THAN A BROOKLYN CENTER MMUNICIPAL LIQUOR STORE 6f. APPROVE FIRST READING OF AN ORDINANCE AMENDING CHAPTERS 1 AND 19 OF THE CITY CODE OF ORDINANCES REGARDING CHICKENS. This item was considered as Agenda Item 10c. Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. NATIONAL SUICIDE PREVENTION AWARENESS MONTH Mayor Willson read in full a Proclamation declaring September as National Suicide Prevention Awareness Month. He noted September is also Drug Addiction Awareness Month and he hopes a proclamation will come forward on that issue as well. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to Proclaim September as National Suicide Prevention Awareness Month. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2018-11 AMENDING CHAPTER 27 OF THE CITY CODE OF ORDINANCES RELATING TO SNOW EVENT PARKING RESTRICTIONS Deputy City Manager Reggie Edwards recognized Police Chief Gannon to present this item. Police Chief Gannon discussed the history and stated the purpose of the proposed ordinance to revise the parking ordinance. He reviewed the City’s current parking restrictions that are enforceable. The consideration is for additional restriction of no on-street parking during any event of 2.5 inches or more until roads are plowed curb to curb, enhanced enforcement and towing during snow events, and enhanced public education and outreach. Police Chief Gannon reviewed the benefits of such restrictions for Public Works to maintain safe roadways, keep the streets clean and open for emergency personnel, make it easier for police to identify suspicious vehicles, and address citizen complaints about plow arounds that result in leaving behind a big bank of snow. Police Chief Gannon presented feedback from Public Works relating to the number of vehicles cited during 2017 snow events and displayed pictures of cars parked during snow events. He 09/24/18 -6- described the communication plan developed by staff to ensure the public is well aware of the revised parking ordinance, noting this plan outlines the means and methods by which the public will be provided the changes to the ordinance as well as the current parking restrictions on record in the City. In addition, Community Outreach can be used to get out the word and the information will be printed in English and Spanish so all will know. Police Chief Gannon stated his hope is that no vehicles have to be towed during the first snow event of the season. Chief Gannon noted the City’s 26 entry signs display current overnight parking restrictions so each will have to be replaced with the new parking restrictions identified. Councilmember Butler stated it is known that apartment parking is a concern, noting the City has a regulation on the number of parking spaces that have to be provided and asked how the City can assure apartment residents are not impacted. Dr. Edwards confirmed apartments are required to provide ‘x’ amount of parking and that comes from licensing. City Attorney Troy Gilchrist explained if the apartment building was constructed several years ago, the parking restrictions at that time would have been applied. That may not be the same requirement in the current ordinance. He stated if the concern is that the parking does not meet today’s ordinance, it is likely that was not the requirement at the time the apartment building was constructed. Mr. Gilchrist explained that once the apartment exists and is permitted, it can continue even though it does not comply with current standards. Councilmember Graves stated she raised the issue of parking at a Work Session because of concern whether the current ordinance was equitable or disproportionately affecting low-income households and people of color, and was counterproductive with the City’s strategic goal of residential economic development. She noted that initially, the feedback from the City Council was that they did not want to discuss changing it further. Councilmember Graves stated it should be equitable for more residents and that is why she voted nay on this ordinance. She raised the option of talking to business owners with empty lots to facilitate residents for having a place to park as people are already getting tickets and now it will be compounded by towing cars. Councilmember Graves stated she understands the importance of having safe and clean streets, but the City is doing a good job of that already. She stated she will vote nay on this ordinance because the City Council has not been able to discuss the things that are also important. Councilmember Ryan moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. Denise Butler, 7552 Brunswick Avenue N, stated her agreement with Councilmember Graves that discussion of inequities is being avoided and not taken into consideration. She asked how many people are allowed in a one-bedroom apartment, noting if there are three occupants and the apartment has one parking space, then the other person legally on the lease does not have a spot and has to park on the street. Also, college students are returning to live at home and bringing their vehicle. Ms. Butler stated another issue is small driveway space for multiple drivers in one household so they also need to access the streets. Ms. Butler asked the City Council to look at economic impact as we are trying to build the tax base. She also asked who we are trying to accommodate, existing residents or future residents we want to live here. 09/24/18 -7- Abate Terefe, 5101 Howe Lane, stated last year, his wife went to Minneapolis and her car was towed on a snow day. He went to the impound lot at 5 p.m. but didn’t get the car until midnight. He stated if this ordinance goes into effect, single moms will not have the opportunity to pick up their ca. Single moms will need someone to watch their kids, and someone will need to give them a ride. He agreed with the need for safety of streets, and suggested some way to increase a charge to pay $45 now, thinking that would be equitable to low-income and single mom families. Ephraim Olani, 3813 51st Avenue N, stated he likes both ways and thinks what the Police Chief proposes is nice to have a clean street but it will be a huge burden on our community. He suggested the City allow time between when the snow is 2.5 inches to allow 12 hours or 24 hours before the ordinance takes place so people have enough time to remove their cars. Mayor Willson asked if he was suggesting that with a ten-inch snowfall, the streets would not be plowed for 12 to 24 hours. Mr. Olani stated residents need ample time, like 6 hours or 12 hours, to move their car. Mayor Willson noted during that time then, emergency vehicles would not be able to use the City’s streets. Mr. Olani stated it is a huge burden on the people of the community because they do not have enough space to park. He believed the probability is small that an emergency vehicle is needed compared to the number of residents impacted if their car is towed. Mayor Willson commented on the impact to a family should emergency vehicles not be able to reach a family member experiencing a medical emergency. Councilmember Graves asked about plowing that is timed and staggered in specific areas so people know when the plow is coming, which may solve some of the problems. If possible, then people would know where they could move their cars to an area already plowed and once their street is plowed, they could move it back. She stated she does not know if that system is used by other cities but if done right, it could solve both problems. Hamza Hussan, 2406 Lyndale Avenue South, ACER community organizer, asked if an odd/even plowing system like they use in Minneapolis would be a resolution to that issue. Councilmember Ryan moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan stated at first an odd/even plowing schedule may sound like an idea worth exploring but snowfall does not occur on a regular schedule and the City needs to respond flexibly to weather events. He stated he is not oblivious to the concerns expressed and has experienced them himself when he lived in St. Paul so he is sensitive to the experience. But at the same time, the City has a safety obligation to clear the streets. He noted there are streets in Minneapolis that become impassible for two oncoming cars after several snow events and Brooklyn Center cannot let that happen. Councilmember Ryan stated support for staff to explore the option of cooperative agreements between apartment and business owners where the business parking lot can be used. But, that is 09/24/18 -8- still at the discretion of the retail spaces that have parking lots and not something the City can mandate. He noted there is a public safety mandate to clear streets. Councilmember Ryan stated many apartments were constructed in the 1960s when fewer parking spaces were required and now for affordability, more people may be sharing an apartment. He stated he wished the City Council could address every equity but would ask how the City would have the resources to do so. He stated addressing the safety imperative will cause a lot of people to be angry and he does not see a solution there. Councilmember Graves stated the ordinance is before the City Council and the other options around parking are not under discussion but she would support having that consideration. She suggested a routine staggered plowing schedule, not something based on a whim. She stated some areas may be more congested because there is not adequate parking but 135 to 145 cars are typically plowed around and that has not been enough to create an emergency, and that is without the towing. Councilmember Graves asked about the cost to families versus the inconvenience. She stated she has not heard about accidents or incidents around the plowing but understands the convenience part. She suggested the conservation include the time when the plows will be in their neighborhood and how to communicate that to residents, which adds to the effort on the changes being made Mayor Willson stated if the City could guarantee when 2.5 inches of snow is hit, then the process suggested by Councilmember Graves makes sense. But if it occurs at 6 p.m. and the City can’t plow that street until 8 p.m. because that is the timeline, it goes against the concern of maintaining public safety and emergency vehicle access. He stated should a fire truck or ambulance not be able to get through the streets or there is a delayed response, then there would be a law suit against the City. Councilmember Graves asked if that has ever happened. She stated she is not suggesting the streets not be plowed, which is important to the safety of the residents, but the issue is ticketing 135 cars possibly when she does not think the need has been demonstrated. Councilmember Graves felt there must be a way to minimize the number being ticketed. She stated whoever is in charge of plowing probably knows the areas plowed first, such as the most trafficked streets, and then the less trafficked residential streets are plowed and on to the next, creating a staggered timeline so you can expect when the plows will be in your neighborhood. She suggested that information be part of the communication plan. Mayor Willson stated Public Works could be asked about that option. He asked how that could be communicated to the public. Councilmember Graves stated it can be communicated using public media, noting if there is a window of time that it is known the plows will be in your neighborhood, then you will know the vehicle needs to be moved during that time. She stated she has had her car towed and ticketed and if she can’t get to work, she can’t feed her family or pay rent. For those of low income, that can be enough to make them lose their homes and become homeless and she does not want to be part of that to keep streets cleaner. 09/24/18 -9- Councilmember Ryan stated the search for a solution is laudable but the City Council is not Public Works and does not know if that is an option. He stated he thinks smart phones and texting can make residents aware of the snow event and that cars have to be moved. He noted that both Minneapolis and St. Paul tow vehicles and he has experienced that himself but baring a practical solution that gets the streets plowed and cleared and ensure streets are not blocked by cars parked on both sides, an enforcement mechanism is needed. He stated he would be interested in finding out options to get more off-street parking but the City does not have the means to create that without voluntary cooperation of retail spaces, which may then be at a distance and not practical. Councilmember Butler stated when this was first brought to the City Council’s attention, she viewed it with a privileged eye as it is not a problem for her to keep her car off the street. Councilmember Butler agreed the City has a responsibility for clean and safe streets but also not put residents in a position when it knows some apartment parking is not up to today’s code so residents have to park along the street. She stated she is not comfortable with the City Council not addressing that issue and trying to get rid of an annoyance, which is a travesty for residents. Councilmember Lawrence-Anderson stated she had an ambulance at her house last Monday and will likely have that occur again so she is sensitive to the need for emergency vehicle access. Mayor Willson stated he also understands need for public safety and clean streets, noting Brooklyn Center is not Minneapolis with that many cars or streets. He stated public safety is a primary goal of any Council to assure safe streets and emergency service access, so fire and police departments and EMT service can to get to homes. Mayor Willson stated the City cannot dictate to provide more parking. The apartments are a business and if their business model is not working due to parking, then the apartment will go out of business. Mayor Willson noted the City is not a landlord or parking official or charged with providing parking for residents across the City. For the City to consider that, property owners would have to step up and agree to pay more taxes to build parking lots for apartments. Mayor Willson stated he does not support the City being involved in that aspect. Mayor Willson moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2018-11 Amending Chapter 27 of the City Code of Ordinances Regarding Parking. Councilmembers Butler and Graves voted against the same. Motion passed. 8b. RESOLUTION NO. 2018-167 AND CONTINUED SPECIAL ASSESSMENT HEARING FOR PROPOSED SPECIAL ASSESSMENTS AND ADMINISTRATIVE FINES Deputy City Manager Reggie Edwards introduced Community Development Director Meg Beekman to present this item. Community Development Director Meg Beekman noted on September 10, 2018, the City Council moved to continue the Public Hearing until tonight for 3318 50th Avenue N., 6138 Colfax Avenue N., 4207 Lake Side Avenue N., Unit 0240, and 6612 Ewing Avenue N. due to 09/24/18 -10- appeals. Ms. Beekman referenced the staff report that contained information specific to the property’s special assessment appeal as follows: 3318 50th Avenue N. A proactive inspection noted a repeat violation with an improperly stored vehicle so a citation was issued, and the owner appealed the violation. Staff recommends the citation be removed from the special assessment roll as the fine was stayed by a hearing officer. 6138 Colfax Avenue N. A proactive inspection noted inoperable vehicles at the property and multiple complaints were also received. After multiple notices and verbal warnings, citations were issued. Staff received a written appeal from the owner saying the vehicle in violation only had a flat tire for 12 hours. Three citations were issued. The first $125 citation was paid, the $250 citation issued on June 8, 2018, was for multiple inoperable vehicles on multiple occasions. A $500 citation was issued on June 26, 2018, for another vehicle with a missing tire. After additional review, staff found the violation was temporary and corrected in a timely manner. Therefore, staff is recommending the $500 fee be waived and the special assessment reduced to $250 plus the $40 certification fee. Mayor Willson asked if the red vehicle in the picture does not have a license plate, noting that is required by ordinance. Ms. Beekman stated there were multiple inoperable vehicles and the third citation was for a specific vehicle but staff could not verify it was inoperable for 48 hours. Mayor Willson stated vehicles still need a license plate otherwise it is not licensed to drive on the streets in Minnesota. He stated he spent a lot of time in neighborhoods this past summer and found there is a problem with vehicles without current tags parked in neighborhoods. City Attorney Troy Gilchrist clarified that the vehicle mentioned by Mayor Willson was part of an earlier citation. 4207 Lakeside Avenue N. #0240 The owner stated he was out of the country, had moved, and asked the fee to be reduced or removed. Staff found the property’s rental license expired on September 30, 2017. The owner was sent two notices for delinquent property taxes before a citation was issued on November 16, 2017, for renting without a license. On November 21, 2017, the taxes were paid and the license was issued on December 11, 2017. Staff recommends the assessment of $300 plus the certification fee of $40 be specially assessed to the property taxes. 6612 Ewing Avenue N. The owner stated he was not sure what the citation was for as he had purchased the house in February 2018. Staff found the citation was issued to the previous property owner for exterior storage violations after verbal warnings and notices. Typically pending assessments are paid at the time of closing when the property is sold since this violation was on the record. She explained in the past, the City has moved forward with the assessment and suggested the property owner appeal to the title company. But those situations involved an abatement. In this case, it is a citation so you could argue the $125 cost was not born by the City. Staff 09/24/18 -11- recommends the citations incurred by the previous property owner be waived and the special assessment be removed. Mayor Willson agreed the title company should have found the citation and since this is a new owner, he supports staff’s recommendation to waive the citation. Councilmember Ryan asked if any of the appellants are present tonight. Ms. Beekman stated they are not. As no appellants were in attendance, the public hearing was waived. Mayor Willson stated the City continually puts these citations on the property taxes and it is almost $1 million every year with the property owner having ten years to pay it back. His concern relates to the impact to staff time and revenue flow for budgeted purposes. Ms. Beekman stated that number seems extremely high for citations but may be at that level for delinquent utility bills. Councilmember Graves noted there are energy assistance programs that low-income residents can make application for, which may bring down some assessed costs. She suggested including that information with the City’s utility bills. Councilmember Ryan stated that information is regularly included in the City’s Quarterly Watch. He stated the vastly large portion of the dollars assessed to property taxes relate to delinquent utility bills and the City Administrator is looking into that issue. Councilmember Ryan noted many are also late payments that incur late fees so the fiscal impact is not as great as one would assume, but he agreed it should be looked at once more information is available. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2018-167 Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. RESOLUTION NO. 2018-168 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-015 SUBMITTED BY VON PETERSEN OF TSP, INC. ONBEHALF OF BROOKLYN CENTER SCHOOL DISTRICT, REQUESTING SITE AND BUILDING PLAN APPROVAL (LOCATED AT 1500 59TH AVENUE NORTH) Deputy City Manager Reggie Edwards introduced Planner and Zoning Administrator Ginny McIntosh to present this issue. Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning Commission Application No. 2018-015 and advised the Planning Commission recommended 09/24/18 -12- approval of the applications at its September 13, 2018 meeting. The request of Von Petersen of TSP, Inc., on behalf of the Brooklyn Center School District is to allow construction of an approximately 1,200-square foot new front entry addition, 23,551-square foot second story addition, and select site improvements along the front entry of Earle Brown Elementary School at 1500 59th Avenue North. Councilmember Graves asked about displacement of students and protecting them from construction debris. She also asked about upgrades to plumbing and heating and cooling systems to assure they are adequate. Ms. McIntosh displayed a drawing of the building and stated the intent is to have high school students relocate out of that building to expedite these improvements. It was noted, this project as presented will not start until June. Bob Peterson, TSB Architects, stated this construction will start after the school year when there are no students present. He described the stages of construction so it will be safe and operational by September. Jim Lonsman, Brooklyn Center School District Director of Operations, was present to answer questions. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2018-168 Regarding the Recommended Disposition of Planning Commission Application No. 2018-015 submitted by Von Petersen of TSP, Inc. on behalf of Brooklyn Center School District, requesting Site and Building Plan approval (Located at 1500 59th Avenue North). Motion passed unanimously. 9b. RESOLUTION NO. 2018-169 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-016 SUBMITTED BY LUX APARTMENTS, LLC, FOR AN AMENDMENT TO THE 1992 PLANNED UNIT DEVELOPMENT PLANS AND DOCUMENTS AND PARKING/SITE IMPROVEMENTS (LOCATED AT 6100 SUMMIT DRIVE NORTH) Deputy City Manager Reggie Edwards introduced Planner and Zoning Administrator Ginny McIntosh to present this issue. Planner and Zoning Administrator Ginny McIntosh provided background and an overview of Planning Commission Application No. 2018-016. The request is for an amendment to the 1992 Planned Unit Development (PUD) plans and documents and parking/site improvements for Lux Apartments at 6100 Summit Drive. The project includes the construction of an 11-story, 140- unit apartment complex, 245 off-street parking spaces, which would meet the approved parking ratio of 1.7 parking stalls per dwelling unit. She stated the applicant will need to provide sufficient ADA parking and loading spaces and staff recommends incorporating safety features between the parking located on the parking structure and parking located along the drive access 09/24/18 -13- to the parking structure. The applicant’s internal survey results of existing parking at other Soderberg Apartment Specialist owned apartment buildings was presented. Ms. McIntosh concluded the overview of the application, lighting plan, landscaping plan, staff reviews and findings, and signage. She advised of the Planning Commission’s comments and unanimous recommendation for approval of the applications at its September 13, 2018 meeting. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve RESOLUTION NO. 2018-169 Regarding the Recommended Disposition of Planning Commission Application No. 2018-016 submitted by Lux Apartments, LLC, for an Amendment to the 1992 Planned Unit Development plans and documents and parking/site improvements (Located at 6100 Summit Drive North). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2018-170 APPROVING THE PRELIMINARY TAX CAPACITY LEVEL FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2019 AND RESOLUTION NO. 2018-171 ADOPTING A PRELIMINARY BUDGET FOR 2019 FISCAL YEAR Deputy City Manager Reggie Edwards described the strategic nature of the budget process and introduced Finance Director Nate Reinhardt to present this item. Finance Director Nate Reinhardt presented the City Administrator recommended 2019 preliminary levy and budget and summarized the joint Work Sessions between the City Council and Finance Commission. He stated the general levy is $16,968,997, a 6.22% increase over 2018. The total 2019 City levy is $18,427,116, a 7.72% increase over 2018. The 2019 HRA levy is $380,098, a 9.86% increase over 2018. The 2019 debt service levy is $1,392,119, a 1.45% increase over 2018. He noted a 1% increase/decrease is approximately $171,000 in revenue. Mr. Reinhardt displayed a series of charts depicting a comparison of change in City levy to the Statewide average, general fund revenues by source, general fund expenses by function, general fund expense by object, taxable market value, and tax capacity estimates. He noted the 2019 median value home is $184,000 compared to $267,000 in 2018, which is the highest since 2008 when it was $180,400. Mayor Willson stated the median value home may be just over $200,000 when based on the newest information, which shows that median home values are heading in the right direction. Mr. Reinhardt reviewed the City’s property tax rates for general fund revenue, debt service, and HRA, showing property values are increasing at a higher rate than the tax levy. He stated the 09/24/18 -14- same valued home as last year will see a decrease in property taxes but a significant change in market value will impact the amount of taxes paid. Mr. Reinhardt stated next steps are to consider adoption of a preliminary property tax levy establishing the maximum property tax levy for 2019 and adopt a preliminary operating budget that is funded by property tax revenues. He stated in October through November, the City will review special revenue, debt service, utilities, enterprise and internal service funds. The public hearing will be held on December 3, 2018. Councilmember Graves asked if the City has a procurement department. Mr. Reinhardt stated purchasing is executed by individual departments with the Finance Department providing oversight. Councilmember Graves stated she knows the community center has applied for some grants and she would like Community Activities, Recreation and Services (CARS) to have more than 8%. Mr. Reinhardt stated grant applications are handled on a department level as they are more aware of what grants are available. Councilmember Ryan commented on the complicated tax and home evaluation system, noting on a median value home in Brooklyn Center, there will be an increase of $120 a year on the City portion, or $10 a month. Mr. Reinhardt stated that is correct. Councilmember Ryan stated nicer homes on Twin Lake or the River also pay a higher assessment under State rules pertaining to their property assessment. Mr. Reinhardt stated he is not sure of that formula. Mayor Willson stated properties on water are assessed differently. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2018-170 Approving a Preliminary Tax Capacity Levy for the General Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for Property Taxes Payable 2019. Motion passed unanimously. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2018-171 Adopting a Preliminary Budget for the 2019 Fiscal Year. Motion passed unanimously. 10b. RESOLUTIONS APPROVING TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process that will now be used to consider Type IV 6- Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight’s meeting agenda. 09/24/18 -15- Paul Yang, 5925 Pearson Drive, stated his property is 4200 Joyce Lane. Mayor Willson asked if he is requesting a formal hearing. Mr. Yang answered in the affirmative. Mayor Willson indicated the City Council would consider the Agenda Item 10b4 separately and called for a motion on Agenda Items 10b1-10b3 and 10b5. 10b1. RESOLUTION NO. 2018-172 APPROVING A TYPE IV RENTAL LICENSE FOR 5715 EMERSON AVENUE NORTH 10b2. RESOLUTION NO. 2018-173 APPROVING A TYPE IV RENTAL LICENSE FOR 6740 GRIMES PLACE 10b3. RESOLUTION NO. 2018-174 APPROVING A TYPE IV RENTAL LICENSE FOR 7131 HALIFAX AVENUE NORTH 10b4. RESOLUTION NO. 2018-175 APPROVING A TYPE IV RENTAL LICENSE FOR 4200 JOYCE LANE This item was considered separately. 10b5. RESOLUTION NO. 2018-176 APPROVING A TYPE IV RENTAL LICENSE FOR 7030 REGENT AVENUE NORTH Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2018-172 Approving a Type IV Rental License for 5715 Emerson Avenue North; RESOLUTION NO. 2018-173 Approving a Type IV Rental License for 6740 Grimes Place; RESOLUTION NO. 2018-174 Approving a Type IV Rental License for 7131 Halifax Avenue North; and, RESOLUTION NO. 2018-176 Approving a Type IV Rental License for 7030 Regent Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 10b4. RESOLUTION NO. 2018-154 APPROVING A TYPE IV RENTAL LICENSE FOR 4200 JOYCE LANE Community Development Director Meg Beekman explained this property would qualify for a Type I license based on one property violation and zero validated police calls. However, the owner failed to comply with the mitigation plan and did not submit timely reports. She noted a brief summary of the property is in the meeting packet including letters sent and history of violations. Ms. Beekman stated the applicant has submitted a mitigation plan that complies with our ordinance. Councilmember Graves left the Council Chambers at 9:03 p.m. Mayor Willson stated he was assured by staff the City is on target and not exceeding staff’s capacity and there are no subsequent changes from staffing perspective to the ordinance itself. Ms. Beekman stated staff is looking at some changes to the rental ordinance that will be brought to the City Council for first reading. The change relates to processing of Type IV licenses to lessen the amount of staff time and be more effective with properties that are continually out of code compliance. Mayor Willson stated he looks forward to that discussion. 09/24/18 -16- Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to open the hearing. Motion passed 4-0-1 (Councilmember Graves absent). Paul Yang, 5925 Pearson Drive, stated the letter he received from Ms. Beekman said he did not submit the report but in fact, the first report was done electronically and the City has it on the record. Councilmember Graves returned to the Council Chambers at 9:05 p.m. Mr. Yang stated staff said they didn’t have the report but the record shows they do have it. He stated it is not good for the ‘big man’ to lie. He stated the law is not from God, the lawyer writes the law, and the City official implements the law but the law can change and be fair. Mr. Yang stated the ‘big man’ told him the definition of rental license says he has 9-15 items to be corrected and that’s the definition. He believed there needed to be more information because it took six months and cost him $300, which is not fair. Mayor Willson stated the City Council will ask staff to review whether an impropriety occurred or if there should be a change in the process. Tonight, the City Council is considering the Type IV license and mitigation plan. He asked Mr. Yang if he has concerns with those two items. Mr. Yang stated the report said he did not submit the report and Ms. Beekman is the one who responded by e-mail and said he did submit it in plain English. He stated if staff got that one report, they may have gotten the rest of them. Mr. Yang stated if using public money, you should be accountable to the public. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the hearing. Motion passed unanimously. Councilmember Graves asked how long this particular license had been a Type I before this application. Mr. Yang stated staff told him there were eight violations so it was a Type IV. Now with the July inspection, there was only one correction but because you have a validated police report, it is Type IV. Ms. Beekman stated the first license issued was Type IV and this is the second rental license. She explained the form letter referenced by Mr. Yang is sent to landlords and says the license type is based on code violations and validated police calls. Staff believes there has been a misunderstanding. In this case, there have not been any police calls and it was not staff’s intention to assert that police calls had occurred at the property. Ms. Beekman agreed this form 09/24/18 -17- letter is not worded clearly and Mr. Yang’s interpretation is reasonable but it was explained that was not the intention. Ms. Yang read from the letter and stated his interpretation that a person labeled his property as a trouble property and his people as bad people. He asked why the City does not reward good property and people. Mayor Willson clarified that no one is accusing Mr. Yang’s residents of being bad people and if a mistake was made, staff fully admits to that and if there is a mistake with the license, that will be corrected. He stated tonight the City Council will take Mr. Yang’s input and staff’s input and made a determination on the rental license. Councilmember Butler asked why is this property is a Type IV license. Ms. Beekman stated the ordinance requires monthly reports and ARM meeting attendance. Staff received a January electronic report but did not receive any reports after that. Councilmember Ryan stated the issue is whether the City received the required mitigation plan reports as required under the ordinance. If not received, the ordinance is clear the eligibility of the license reverts to Type IV. Ms. Beekman confirmed the mitigation plan stipulates monthly reports and attendance at ARM meetings as well as considering the inspection and police calls. If even one report is missed, then the license reverts to Type IV. Councilmember Ryan stated under the ordinance, the City Council has no option except to consider a Type IV license. City Attorney Troy Gilchrist confirmed that was correct. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2018-175 Approving a Type IV Rental License for 4200 Joyce Lane, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Councilmember Graves asked if a new application is automatically a Type IV. Ms. Beekman stated when an application is made, an inspection is conducted and the results of that inspection determines the type. Going forward, the police calls, inspection, and meeting the mitigation plan determines license type. Motion passed unanimously. 6f. AN ORDINANCE AMENDING CHAPTERS 1 AND 19 OF THE CITY CODE OF ORDINANCES REGARDING CHICKENS Deputy City Manager Reggie Edwards introduced Community Development Director Meg Beekman to present this item. Community Development Director Meg Beekman explained ordinances are typically discussed by the City Council during a Work Session, direction is provided to staff, and then first reading is placed on the consent agenda with second reading and public hearing considered as an item on 09/24/18 -18- the regular agenda. She stated in May of 2018, residents approached the City Council to have chickens in back yards as an allowable use. The City Council referred the matter to the Housing Commission who spent a significant amount of time on this issue during three meetings, met with proponents, reviewed other City’s ordinances, and provided recommendations that the City Attorney used to draft into an ordinance from. Ms. Beekman presented an overview of the draft ordinance and stated if the first reading is approved, the public hearing and second reading would be scheduled for October 22, 2018. Mayor Willson noted composting is often part of having chickens. The City has a separate ordinance dealing with composting so those with chickens should be familiar with it. Councilmember Ryan noted a license is not required to have chickens. Ms. Beekman stated that was discussed by the Housing Commission but they recommended a license not be required due to the administration time and knowing if it is an issue, it could be instituted. Councilmember Ryan stated licenses would create a clear path to address issues that may arise. Mayor Willson stated the City has a nuisance ordinance that would pertain to that case. City Attorney Troy Gilchrist advised the issuance of a license would be one method to address concerns but there is a nuisance provision and City staff is familiar with issuing nuisance citations. Councilmember Ryan stated his concern is with enforcement as he has seen numerous examples of properties that are obvious nuisance conditions that neighboring residents are having a difficult time getting mitigated. He stated he knows the proponents are conscious people but his concern is that there are others who may not follow best practices with chickens and then it will be an issue of how effective the City can mitigate those issues. He stated for those reasons, he will not support this ordinance. Councilmember Butler stated the City Council often talks about staff time and she does not feel there will be enough participation to waste resources by requiring a certification. She stated the City Council has already talked about this extensively, noting Coon Rapids has a registration process and no one has signed up. She feels requiring certification may create a barrier to those who have done the research and want to participate. Mayor Willson noted the ordinance, as drafted, does not have a provision for licensing. Councilmember Lawrence-Anderson asked if the chickens have to be contained within a run. Councilmember Graves stated that is correct and a run is an enclosed space and attached to the coop. Councilmember Graves stated she supports moving this forward to second reading so public input can be heard. Councilmember Graves moved and Councilmember Butler seconded to approving first reading of an Ordinance Amending Chapters 1 and 19 of the City Code of Ordinances Regarding Chickens, and schedule second reading for October 22, 2018. 09/24/18 -19- Councilmember Ryan voted against the same. Motion passed. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following: • September 17, 2018: Joint City Council/Finance Commission Budget Work Session • September 24, 2018: Joint City Council Study Session with the Urban Land Institute Councilmember Lawrence-Anderson reported on her attendance at the following: • September 17, 2018: Unable to attend the Joint City Council/Finance Commission Budget Work Session because she was at Hennepin County Medical Center with her husband • September 24, 2018: Joint City Council Study Session with the Urban Land Institute Councilmember Graves reported on her attendance at the following: • September 11, 2018: Chamber Women’s Voters Forum Candidate Forum • September 12, 2018: Top Golf Media Preview Event • September 15, 2018: Open Streets West Broadway Meeting • September 17, 2018: Joint City Council/Finance Commission Budget Work Session • September 18, 2018: Participated in CCX TV Show • September 22, 2018: Jammin for Justice on the Upper Harbor • September 24, 2018: Joint City Council Study Session with the Urban Land Institute Councilmember Butler reported on her attendance at the following: • September 11, 2018: Neighborhood West Palmer Lake • September 11, 2018: Chamber Women’s Voters Forum Candidate Forum • September 12, 2018: Top Golf Media Preview Event • September 17, 2018: Unable to attend the Joint City Council/Finance Commission Budget Work Session because her son was sick. • September 18, 2018: Housing Commission Meeting • September 21, 2018: Ribbon Cutting for Top Golf • September 24, 2018: Joint City Council Study Session with the Urban Land Institute Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • September 11, 2018: Rotary Luncheon • September 11, 2018: West Palmer Lake Neighborhood Meeting • September 11, 2018: Chamber Women’s Voters Forum Candidate Forum • September 12, 2018: Top Golf Media Preview Event • September 15, 2018: Rotary Club Centennial Park Cleanup • September 15, 2018: Golden Valley Days Chess Match Competition with Kids • September 17, 2018: Joint City Council/Finance Commission Budget Work Session • September 20, 2018: McDonalds VIP Ribbon Cutting • September 21, 2018: Ribbon Cutting for Top Golf • September 24, 2018: Meeting with City Manager Curt Boganey 09/24/18 -20- • September 24, 2018: Joint City Council Study Session with the Urban Land Institute 12. ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded adjournment of the City Council meeting at 9:40 p.m. Motion passed unanimously.