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HomeMy WebLinkAbout2018 10-22 CCM Regular Session10/22/18 -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 OCTOBER 22, 2018 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Community Development Director Meg Beekman, Deputy Director of Building and Community Standards Jesse Anderson, City Clerk Barb Suciu, 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 noted one resident has requested to speak regarding the proposed chicken ordinance; however, that topic is on tonight’s agenda, so those comments will be heard during that public hearing. No one wished to address the City Council. Councilmember Butler moved and Councilmember Graves seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Mayor Tim Willson read the following text for the Invocation: “We gather to make decisions for our community. May we use only our best skills and judgement, keeping ourselves impartial and neutral as we consider the merits and pitfalls of each matter that is placed before us and always act in accordance with what is best for our community and our fellow citizens.” 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. 10/22/18 -2- 4. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, City Clerk Barb Suciu, Community Development Director Meg Beekman, City Attorney Troy Gilchrist, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 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 October 8, 2018, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. October 8, 2018 – Study Session 2. October 8, 2018 – Regular Session 3. October 8, 2018 – Work Session 6b. LICENSES MECHANICAL Northern Heating & A/C Inc. 9431 Alpine Drive NW DBA Northern One Hour Ramsey, MN 55303 Spriggs Plumbing & Heating 3260 Fanum Road St. Paul, MN 55101 Topline Advertising 11775 Justen Circle #A Maple Grove, MN 55369 RENTAL INITIAL (TYPE II – two-year license) 4200 Lakebreeze Avenue Todd Bertleson 6765 Humboldt Avenue N. Loan Nguyen RENEWAL (TYPE III – one-year license) 3513 47th Avenue N. Todd Burmeister/Housing Plus 6305 Camden Avenue N. Soderberg Apartment Specialist Melrose Gates Apartments 4100 Lakebreeze Avenue PBK Properties, LLC/Keia Isaacson (missing ARM and cpted) The Lilacs – 5800 Logan Avenue N. Farnaz Toussi 4101 61st Avenue N. Long Xiong (missing 1 ARM meeting) 2824 67th Lane N. Molly Collins 10/22/18 -3- 6107 Emerson Lydia Yeboah (missing 1 ARM meeting) 5843 Fremont Avenue N. D & J Properties RENEWAL (TYPE II – two-year license) 5418 70th Circle Douglas Allen Wahl 3819 Burquest Lane Amir Chaboki 6400 Noble Avenue N. Zam Zam Gesaade RENEWAL (TYPE I – three-year license) 5328-30 Queen Avenue N. Chad & Amy Bucher 4100 61st Avenue N. Emmanuel Coker 5834 Fremont Avenue N. Robert Goldsmith 6c. RESOLUTION NO. 2018-180 AUTHORIZING HABITAT FOR HUMANITY TO PARTICIPATE IN THE HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY’S AFFORDABLE HOUSING INCENTIVE FUND LOAN 6d. RESOLUTION NO. 2018-181 ADOPTING THE HENNEPIN COUNTY ALL-HAZARD MITIGATION PLAN 6e. RESOLUTION NO. 2018-182 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, PROJECT 2016-09, 69TH AVENUE GREENWAY AND CAHLANDER PARK FENCE REPLACEMENT IMPROVEMENTS 6f. RESOLUTION NO. 2018-183 ACCEPTING WORK PERFORMED AND AUTHORIZING THE RELEASE OF FUNDS FOR CERTAIN FINANCIAL GUARANTEES BEING HELD BY THE CITY (LUTHER BROOKDALE VOLKSWAGEN DEALERSHIP) Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING OCTOBER 22, 2018, TO BE DESIGNATED AS RANDOM ACTS OF KINDNESS DAY Mayor Willson read in full a Proclamation declaring October 22, 2018, to be designated as Random Acts of Kindness Day. Councilmember Butler moved and Councilmember Ryan seconded to adopt PROCLAMATION Declaring October 22, 2018, to be designated as Random Acts of Kindness Day. Motion passed unanimously. 10/22/18 -4- 7b. RANDOM ACTS OF KINDNESS RECOGNITION AND CERTIFICATE CEREMONY Mayor Willson presented certificates to citizens who were nominated for the Random Acts of Kindness Award. Mayor Willson presented certificates to Heidi Pendroy, Bau Cha and Stephanie Short, second grade teachers at New Millennium Academy, nominated by Khou Vang. Councilmember Graves stated the teachers coordinated a penny fundraiser to raise money for Charity Water Foundation, providing clean drinking water for families in India. Mayor Willson presented a certificate to Dr. John Goeppinger, nominated by Kazim Mehdi. Councilmember Ryan stated Dr. Goeppinger volunteers at the Hadi Medical Clinic, providing medical care and support for uninsured residents of Brooklyn Center. Mayor Willson presented a certificate to Dr. Anoshirvan Mazhari, nominated by Kazim Mehdi. Councilmember Lawrence-Anderson stated Dr. Mazhari volunteers at the Hadi Medical Clinic, exhibiting kindness, empathy and compassion for others, as well as a willingness to exchange shifts with other Clinic staff. Mayor Willson presented a certificate to Dr. Amir Monzavi, nominated by Kazim Mehdi. Councilmember Butler stated Dr. Monzavi helped start the Optometry Services at the Hadi Medical Clinic, providing free eye check-ups and eye glasses and procuring equipment. Dr. Goeppinger accepted the certificate on Dr. Monzavi’s behalf. Mayor Willson presented a certificate to the Hadi Medical Clinic, nominated by Kasim Mehdi. Councilmember Graves stated the Hadi Medical Clinic provides free medical care to uninsured residents of Brooklyn Center, and partners with Hennepin Community College to provide training hours for nursing students. Councilmember Graves stated, on a personal note, the Hadi Clinic is her next-door neighbor, and the Clinic is a conscientious and thoughtful member of the community. She added the Clinic hosts many community events that are open to all residents. Mayor Willson and Councilmembers thanked citizens for their random acts of kindness and contribution to the community and other citizens. Mayor Willson added this is one of the community events that he is proud to be a part of, as it represents the kindness and support that Brooklyn Center residents show to one another. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2018-13 AMENDING CHAPTERS 1 AND 19 OF THE CODE OF ORDINANCES REGARDING CHICKENS City Manager Curt Boganey introduced Community Development Director Meg Beekman and invited her to present this item. 10/22/18 -5- Community Development Director Beekman discussed the history, and stated this issue was presented to the Housing Commission at their May, June and July 2018 meetings. She added City Staff have put together an ordinance for review by the City Council at tonight’s meeting, following the public hearing. Ms. Beekman stated the ordinance addresses regulations for the keeping of backyard chickens on residential property within the City of Brooklyn Center. She added up to 6 hens, but no roosters, would be allowed at either single-family or two-family dwelling units in the R1 and R2 zones. She noted the Housing Commission reviewed various types of chicken coups and runs and came up with provisions that are in line with the Accessory Structure Ordinance, related to side yard setbacks, size limitations, and 30-foot setback from residences, as well as maintenance and construction of coups. Ms. Beekman stated the proposed ordinance regulates chicken coup structures, which must be fully enclosed, and addresses materials, maintenance, sanitation and storage. She added the proposed ordinance prohibits the slaughter of chickens or commercial raising of chickens. She noted the Housing Commission reviewed potential code enforcement issues. Councilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing at 7:22 p.m. Motion passed unanimously. Roger Kloster, 7223 Lee Avenue North, stated he is a long-time resident of Brooklyn Center. He asked why residents would want to have chickens. He stated some people would take care of their chickens, but others would not. He asked how the City would pay for regulation of the chickens, and whether they would affect home values and potential home sales. Mr. Kloster stated he believes allowing chickens is a step backwards for the City, and this issue requires more study. Todd Henning, 1906 Brookview Drive, stated he is a 26-year resident of Brooklyn Center and he supports the keeping of backyard chickens. He added citizens need to be educated about backyard chickens, which are easy to raise. He noted allowing backyard chickens in Brooklyn Center would be a progressive move, as there is increased interest in sustainability and knowing where food comes from. Doreen Cederberg, no address given, stated she has been a resident of Brooklyn Center since it became a City. She added, when Earle Browne Farm had sheep, there were residents who raised chickens that were often attacked by neighborhood dogs. She asked whether chickens would bring bird flu to Brooklyn Center, which would be disastrous with so many families and children living close together. Anna Cooper, 3206 - 61st Avenue North, stated she supports the raising of backyard chickens. She added this has been a long process, and all concerns have been addressed at the Housing 10/22/18 -6- Commission level, including misinformation about raising chickens. She noted bird flu is a contagious disease that spreads among large flocks of birds, not by backyard chickens. Sara Capers, 5218 70th Avenue North, stated she supports the raising of backyard chickens. She added valid concerns that have been raised at tonight’s meeting were reviewed and discussed at three recent Housing Commission meetings. She added the issue of chickens being killed by people’s dogs would be addressed by the City under public nuisance and animal control ordinances. She noted the push for urban sustainability will continue to increase, as people see the benefits of knowing where their food comes from. She expressed her conviction that this sustainability effort will bring the community’s residents together. The daughter of Sara Capers stated that she supports raising chickens because she loves chickens and wants a pet chicken. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Public Hearing at 7:40 p.m. Motion passed unanimously. Councilmember Butler stated City Staff and the Housing Commission, as well as involved residents, have been very thorough in researching and reviewing all the issues related to raising backyard chickens. She thanked the Housing Commission and City Staff as well as members of the community that have come together to work on this initiative. Councilmember Lawrence-Anderson stated she has waivered on this issue. She added she would be more inclined to support the raising of backyard chickens if there were a City-wide registration process, with a fee-based structure to support City Staff hours necessary to administer it. Councilmember Ryan stated he appreciates the presentation from City Staff, clarifying the structure of the proposed ordinance. He expressed agreement with Councilmember Lawrence- Anderson that there should be a licensure process to mitigate nuisances and expenses. He added the community is divided on this issue, as many residents believe this is an agricultural use. He noted many residents would do an excellent job raising chickens, but there are many obstacles to enforcing the ordinance if there is no licensure or registration process. He expressed his opposition to the ordinance as written but added he will support the majority decision. Councilmember Graves stated City Staff researched this issue in other metropolitan cities that allow backyard chickens, and they concurred that implementation of a licensing process did not reduce the number of nuisance complaints or violations. She added a licensing process would require a small additional cost. She noted, in her opinion, a licensing process would not produce significant benefit. Councilmember Graves stated many residents may not be interested in raising backyard chickens. She added, however, residents who do want to raise chickens should be given that opportunity, as they might have an interest in increased sustainability and getting closer to the 10/22/18 -7- source of their food. She expressed her support of the proposed ordinance and noted that a licensing process can be added if the need arises. Mayor Willson stated he supports the proposed ordinance as there are other mechanisms in the City Code for dealing with complaints and other issues that may arise. He added he agrees the chicken advocates will be conscientious and responsible chicken owners. He noted he has done his own research to consider whether he wants to raise chickens in his backyard. Mayor Willson moved and Councilmember Butler seconded to adopt ORDINANCE NO. 2018- 13 Amending Chapters 1 and 19 of the Code of Ordinances Regarding Chickens. Councilmembers Lawrence-Anderson and Ryan voted against the same. Motion passed. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF 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. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Item 10a. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2018-184 Approving a Type IV Rental License for 6919 France Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 10b. AN ORDINANCE AMENDING CHAPTERS 19 AND 27 OF THE CITY CODE REGARDING PARKING Mr. Boganey invited Ms. Beekman to present this item. Ms. Beekman stated City Staff have received several complaints regarding overnight parking of semi-trucks and commercial vehicles in commercial parking lots. City Ordinance prohibits the storage of vehicles on residential property, but regulations related to commercial property are not clearly stated. City Staff have been proactively checking parking lots on a regular basis. However, the City Attorney has recommended that more clearly defined language should be included in the Ordinance that would allow the City to clearly and effectively enforce parking restrictions. 10/22/18 -8- Ms. Beekman reviewed two amendments to the Parking Ordinance, Chapters 19 and 27, that clarify parking restrictions for commercial vehicles only. An additional amendment allows the City Manager to set and enforce parking restrictions for specific lots owned by the City, including the Economic Development Authority (EDA) lot adjacent to Top Golf. Ms. Beekman stated City Staff recommends a motion to approve the first reading of the proposed ordinance and call for a public hearing on November 13, 2018. Mayor Willson stated he supports the ordinance amendment. He added the language clarification will address and enforce the notion that large commercial vehicles are prohibited from overnight parking in commercial parking lots. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve first reading of an ordinance amending Chapters 19 and 27 of the City Code regarding parking and call for a second reading and public hearing for November 13, 2018. Councilmember Graves stated a review of street parking conditions is planned for an upcoming City Council Work Session. She added she hopes the issue will be reviewed holistically. She noted she supports restrictions as needed with exceptions for legitimate business use. City Attorney Gilchrist requested clarification that the motion includes the additional language proposed by City Staff, specifying that the ordinance amendment pertains to commercial property only. Mayor Willson agreed. Motion passed unanimously. 10c. RESOLUTION NO. 2018-185 ADOPTING INTERIM REGULATIONS RELATED TO ELEMENTARY AND SECONDARY SCHOOLS AS AN INTERIM USE Mr. Boganey invited Ms. Beekman to present this item. Ms. Beekman stated the City Council is asked to consider a Resolution to adopt interim use regulations for elementary and secondary schools. A request was made by Brooklyn Center community schools to relocate students to the former Brown College location for 20 months while significant renovations are completed. The School District hopes to move forward with their plans to sign a lease and complete improvements by January 2019. Interim regulations would go into effect immediately for 120 days, conditional upon final adoption of Zoning Code requirements. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2018-185 adopting interim regulations for elementary and secondary school use in the City’s commercial district on the issuance of an Interim Use Permit. 10/22/18 -9- Councilmember Ryan stated approval of this request is necessary and appropriate. He added the City has been given the opportunity to support the efforts of the School District in providing increased safety and better structural operations. Motion passed unanimously. 11. COUNCIL REPORT 11a. REMINDER OF SNOW EVENT PARKING ORDINANCE EFFECTIVE NOVEMBER 4 Mayor Willson reminded residents that beginning November 4, 2018, there is no on-street parking at any hour during a snow event of 2.5 inches or more until the roads are plowed curb to curb. Enforcement of the ordinance will include issuance of a citation as well as towing the vehicle to allow for snow plowing. The ordinance will be in effect whenever snowfall meets or surpasses 2.5 inches. Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • October 15, 2018: City Council Budget Work Session with Financial Commission • October 17, 2018: Toured Centra Townhomes in Maple Grove • November 11, 2018: Lions Waffle Breakfast - additional information will be posted on the City website Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • October 17, 2018: Crime Prevention Committee Meeting • October 23, 2018: MAC Meeting • October 24, 2018: Fundraiser at Davanni’s, 4-7 p.m. - 20% of total order before sales tax will be donated to Crime Prevention Committee Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • October 12, 2018: Youth Intervention Programs Association (YIPA) Meeting- supporting youth workers and providing professional development programs • October 15, 2018: City Council Budget Work Session with Financial Commission • October 16, 2018: Park and Recreation Commission Meeting • October 17, 2018: Toured Centra Townhomes in Maple Grove • October 18, 2018: Attended event at Jambo Africa Restaurant • October 18-19, 2018: Keeping the Faith event at Earle Browne Center – Kent Circle supporting growth through recognition, providing quality professional therapy services while embracing diversity and providing unique learning opportunities. She added she was proud to be hosting the event in Brooklyn Center 10/22/18 -10- Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: • October 13, 2018: Facilitated workshop at Robbinsdale Parent and Student University • October 15, 2018: City Council Budget Work Session with Financial Commission • October 17, 2018: Toured Centra Townhomes in Maple Grove • October 22, 2018: Meeting regarding the recent African Immigrant Professional Development Conference (AIPDC) and upcoming workshops. AIPDC will present “Let’s Connect: Networking Event for African Immigrant Professionals” at 5:30 p.m. on November 8, 2018, in Room C at the Brookdale Library. • Meeting at Pathways with DEED Director Adult Programs Nancy Omandi Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • October 9, 2018: Rotary Lunch • October 11, 2018: Blue Line Corridor Management Meeting – Cancelled • October 12, 2018: Meeting with City Manager Curt Boganey • October 15, 2018: Budget and Financial Meeting with City Council • October 16, 2018: Rotary Lunch • October 17, 2018: Interview with Hannah Covington, Minneapolis Star/Tribune • October 17, 2018: Toured Centra Townhomes in Maple Grove • October 19, 2018: Celebration for Hmong activist Dr. Yang Dao’s 75th birthday at Edinburgh, attended by Mayor Lundy as well as Senators and Representatives 12. ADJOURNMENT Councilmember Graves moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 8:17 p.m. Motion passed unanimously.