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HomeMy WebLinkAbout2018 11-13 CCM Regular Session11/13/18 -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 NOVEMBER 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, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Director of Public Works Doran Cote, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION - None. 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 City Manager Curt Boganey, Finance Director Nate 11/13/18 -2- DRAFT Reinhardt, Director of Public Works Doran Cote, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, Police Chief Tim Gannon, 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 Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the minutes of the Joint Work Session with the Financial Commission on October 15, 2018, and October 29, 2018, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. October 15, 2018 – Joint Work Session with Financial Commission 2. October 22, 2018 – Study Session 3. October 22, 2018 - Regular Session 4. October 29, 2018 – Joint Work Session with Financial Commission 6b. LICENSES GASOLNE SERVICE STATION Awad Company 6501 Humboldt Avenue N Brooklyn Center, MN 55430 Brookdale Holiday 5710 Xerxes Avenue Brooklyn Center, MN 55430 City of Brooklyn Center 6844 Shingle Creek Parkway Municipal Garage Brooklyn Center, MN 55430 Metropolitan Council 6845 Shingle Creek Parkway Operations Brooklyn Center, MN 55430 Two Rivers Investment, Inc. 6840 Humboldt Avenue N Brooklyn Center, MN 55430 MECHANICAL CONTRACTOR Airics Heating & AC LLC 9124 Grand Avenue S Bloomington, MN 55378 All Climate Mechanical 7944 University Avenue NE Fridley, MN 55432 DeZiel Heating & AC Inc. 209 – 5th Street Buffalo, MN 55313 WJW Company 10600 University Avenue NE DBA: Twin City Heating Coon Rapids, MN 55448 & Air 11/13/18 -3- DRAFT CHRISTMAS TREE SALES PQT CO- 21050 Lake George Boulevard Rum River Tree Farm Oak Grove, MN 56303 RENTAL INITIAL (TYPE II – two-year license) 5553 Aldrich Drive N. Geri Williams 5636 Fremont Avenue N. Alice Mansaray 5250 Great View Avenue Chen Zhou/Cosco Properties LLC 6430 Indiana Avenue N. Michael Holmes RENEWAL (TYPE III – one-year license) 1510 69th Avenue N. Marsha Ann Darnell (met mitigation plan) 6610 Colfax Avenue N. RHA 3, LLC (met mitigation plan) 5225 Howe Avenue N. Michael Williamson RENEWAL (TYPE II – two-year license) 5706 Camden Avenue N. Gary Charles Parker 6761 Humboldt Avenue N. Li-Chwen Su (met mitigation plan) 5307 Knox Avenue N. Abraham Montemayor RENEWAL (TYPE I – three-year license) 4819 Azelia Avenue N. Penelope Brown (met mitigation plan) 6825-27 Noble Avenue N. Robert Gardner (met action plan) 5347-53 Brooklyn Boulevard Randall Cook 5406 70th Circle Mohammed Aaser 6013 Brooklyn Boulevard Rosa Chiqui 5147 Drew Avenue N. Frank Jin and Emily Zhao 4207 Lakeside Avenue #222 Don Stenberg 4207 Lakeside Avenue #238 Hussein Seman 5820 Logan Avenue N. Farnaz Toussi (met mitigation plan) 6c. SETTING A PUBLIC HEARING ON PROPOSED UTILITY RATES FOR 2019 6d. RESOLUTION NO. 2018-187 CERTIFYING SPECIAL ASSESSMENTS FOR EMERGENCY PRIVATE UTILITY SERVICE REPAIRS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS 6e. RESOLUTION NO. 2018-188 SETTING 2019 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES 6f. RESOLUTION NO. 2018-189 ESTABLISHING INTEREST RATE FOR 2019 SPECIAL ASSESSMENTS 11/13/18 -4- DRAFT 6g. RESOLUTION NO. 2018-190 ESTABLISHING 2019 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES 6h. RESOLUTION NO. 2018-191 ACCEPTING FEASIBILITY REPORT, DECLARING COSTS TO BE ASSESSED AND CALLING FOR IMPROVEMENT AND ASSESSMENT PUBLIC HEARINGS FOR IMPROVEMENT PROJECT NOS. 2019-01, 02, 03, AND 04, INTERSTATE AREA STREET AND UTILITY IMPROVEMENTS 6i. RESOLUTION NO. 2018-192 ESTABLISHING PARKING RESTRICTIONS FOR SEGMENTS ON CAMDEN AVENUE FROM 66TH AVENUE TO 1,330’ SOUTH OF 66TH AVENUE 6j. RESOLUTION NO. 2018-193 APPROVING SURFACE WATER MANAGEMENT PLANS UPDATES 6k. RESOLUTION NO. 2018-194 APPROVING THE LABOR AGREEMENT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 (POLICE COMMANDERS AND SERGEANTS) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2019-2021 6l. RESOLUTION NO. 2018-195 APPROVING THE CONTRACT FOR INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CTY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2019-2021 6m. RESOLUTION NO. 2018-196 RELATING TO A MULTI-FAMILY RENTAL HOUSING FACILITY AND THE ISSUANCE OF CONDUIT HOUSING REVENUE BONDS UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED; GRANTING PRELIMINARY APPROVAL THERETO; CALLING FOR A PUBLIC HEARING; ESTABLISHING COMPLIANCE WITH CERTAIN REIMBURSEMENT REGULATIONS UNDER THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AND TAKING CERTAIN OTHER ACTIONS WITH RESPECT THERETO (UNITY PLACE PROJECT) 6n. RESOLUTION NO. 2018-197 AUTHORIZING THE SUBMISSION OF A LIVABLE COMMUNITIES ACT TRANSIENT-ORIENTED DEVELOPMENT ZONING IMPLEMENTATION GRANT APPLICATION TO THE METROPOLITAN COUNCIL 6o. RESOLUTION NO. 2018-198 DECLARING A PUBLIC NUISANCE AND ORDERING THE ABATEMENT OF NUISANCE AT 5603 JAMES AVENUE N 11/13/18 -5- DRAFT 6p. ORDINANCE NO. 2018-16 AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING ELEMENTARY AND SECONDARY SCHOOL INTERIM USE IN THE CITY’S COMMERCIAL AND CENTRAL COMMERCE OVERLAY DISTRICTS Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS - None. 8. PUBLIC HEARINGS 8a. ORDINANCE 2018-14, AMENDMENT TO CITY ORDINANCE NO. 2018-14, CHAPTER 23, TOBACCO AND TOBACCO RELATED PRODUCTS City Manager Curt Boganey stated this is the second reading of a proposed Ordinance amendment that would change the age at which it is legal to purchase tobacco-related products in Brooklyn Center. He invited Police Chief Gannon to review this agenda item. Police Chief Gannon stated the City of Brooklyn Center has engaged in the “T-21” movement, an initiative to raise the legal age for the purchase of tobacco-related products to 21 years old. He added this is the second hearing of the Ordinance amendment. He noted City Staff recommends approval of the second public hearing and adoption of the Ordinance amendment. Police Chief Gannon stated there has been City Council consensus on some aspects of the proposed restrictions. He added changes to the current Ordinance include clarification of terms, including the definition “covered product”; maximum number of licenses within the City to sell tobacco-related products limited to 15; and clarification of administrative penalties. He noted City Staff will work with retail partners to estimate costs and develop a work plan. Councilmember Graves asked whether the Ordinance still contains language that would prevent detrimental criminal response for a youth who is caught buying or using tobacco-related products. City Attorney Gilchrist stated that section was deleted from the last page of the Ordinance. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to open the Public Hearing at 7:10 p.m. Motion passed unanimously. Jess Nolan, 5827 Camden Avenue N, stated she and her husband have lived in their home for 8 years and are proud to be a part of the vibrant community of Brooklyn Center. She expressed her support of the changes to the City’s tobacco ordinance. She added she cares deeply about preventing youth tobacco use. She noted the ordinance will save lives and reduce health care 11/13/18 -6- DRAFT costs. She urged the City Council to give the next generation the support they need to lead tobacco-free lives. She thanked the City Council for sending a message about the importance of the youth in our community. Sylvia Amos, 1404 14th Avenue N, representing Stair Step Foundation, a faith-based organization that serves the residents of Brooklyn Center, stated she wants to voice her support for raising the age to purchase tobacco to 21, and keeping tobacco out of the hands of young people. She added the proposed ordinance will help limit children’s access to flavored tobacco products that are very popular. Gretchen Garman, 2056 Baird Avenue, St. Paul, representing Hennepin County Public Health, thanked the City Council for supporting this initiative. She stated the City of Brooklyn Center should be commended for attempting to find ways to limit youth access to tobacco. She added the City Council also recently reviewed a comprehensive study of flavored tobacco. She urged the Council to revisit that issue. She thanked the City Council for their leadership in taking a stand on this important public health issue. Emily Anderson, 4136 Columbus Avenue South, representing the Association for Nonsmokers- Minnesota, stated many local communities have voted to increase the purchase age to 21, and the T-21 movement puts the future of Minnesota’s children over the tobacco industry. She added there is still work to be done at the State level as the tobacco industry has a lot of influence there, but cities should not wait for the State Legislature to act. She noted Brooklyn Center will become one of the leaders of the T-21 movement in Minnesota if this Ordinance is passed. KheMee Yang, 7224 Major Avenue North, stated she has seen many kids use flavored e- cigarettes at their high school. She added the products are made with beautiful colors, cute shapes and sweet flavors that appeal to kids. She showed a hoodie that had a built-in hidden vaping mechanism. Yong Cha Yang, 7224 Major Avenue North, stated students do not realize the harm and damage these products can cause to their health. She thanked the City Council for considering the Ordinance and taking action against tobacco companies that target kids. She expressed her pride in living in a community that takes care of its young people. Amber Kerrigan, Twin Cities Medical Clinic, 14856 Evergreen Avenue, Andover, spoke on behalf of Dr. Nathan Chomilo of Brookdale Park Nicollet Clinic. She stated Dr. Chomilo, a pediatrician practicing in Brooklyn Center, was unable to attend tonight’s meeting. She added Dr. Chomilo is proud that Brooklyn Center is considering an ordinance restricting sale of tobacco products to people under 21 years of age. She noted tobacco companies target communities at disproportionate rates, making it easier to start and harder to quit, and an ever- growing number of communities are increasing momentum toward a State-wide ban. She expressed Dr. Chomilo’s appreciation of Brooklyn Center as a city with a history of being a leader in movement to end youth tobacco use. 11/13/18 -7- DRAFT Asafa Draga, 3008 Arliss Road, expressed his support of restricting sales of e-cigarettes to minors, as people can get addicted at a young age when they can obtain tobacco products from friends. He stressed the importance of doing this for the next generation, to help prevent children from ever getting started with the deadly habit of smoking in the first place. Councilmember Ryan moved and Councilmember Butler seconded to close the Public Hearing at 7:30 p.m. Motion passed unanimously. Councilmember Lawrence-Anderson stated she is very proud of what the City Council’s accomplishments in 2014. She added it is a personal issue for her as she lost her father at the age of 60, who died of smoking-related causes, and her mother is currently dealing with lung cancer. She thanked all the residents and supporters of the T-21 initiative who spoke during the public hearing. Councilmember Ryan expressed his agreement with Councilmember Lawrence-Anderson’s comments. He added it is a personal issue for him as well, as his father dealt with smoking- related illnesses for years and suffered the adverse effects of smoking on his health. He expressed disappointment that the City Council could not agree to raise the price of tobacco products. He stated restricting access to vaping devices is a critical feature, but he hopes other provisions can be revisited and consensus reached. Mayor Willson stated he has heard from many organizations that care for people and understand that tobacco addiction is a very real and serious problem. He added the Federal Drug Administration (FDA) has been looking into vaping products and hopefully will take some regulatory action of the tobacco industry, which exploits citizens with their campaigns and lobbying efforts. He noted, in the past 12 years, there has only been one tobacco lobbyist who came to Brooklyn Center. Mayor Willson stated he was a smoker for over 30 years and has been a non-smoker for the same amount of time. He added, when he was a smoker, he and his parents did not know the effects of tobacco and its addictive properties. He expressed his support of the Ordinance. Councilmember Graves expressed her support of the T-21 initiative, which received impetus from members of the Youth Council. She stated this Ordinance is an important step toward reducing access to tobacco products. Councilmember Graves moved and Councilmember Butler seconded to approve the second reading and adopt CITY ORDINANCE NO. 2018-14 Amending City Ordinance No. 2018-14, Chapter 23, Tobacco and Tobacco Related Products 11/13/18 -8- DRAFT Mayor Willson stated he hopes the Mayor-Elect and City Council will review and expand the Ordinance in the coming years. Motion passed unanimously. 8b. ORDINANCE 2018-15 AMENDING CHAPTERS 19 AND 27 OF THE CITY CODE REGARDING PARKING Ms. Beekman reviewed an Ordinance amendment related to parking and storage of commercial vehicles in public parking lots throughout the City. She stated the City has received several complaints regarding overnight parking of commercial trucks. She added, while the Ordinance prohibits storage of vehicles on residential property, this amendment is required to clarify parking restrictions on publicly owned property. She noted the Amendment would strengthen and clarify the Ordinance to facilitate enforcement. Ms. Beekman stated City Staff recommends that the City Council hold a public hearing on this issue and approve the second reading and adoption of the Ordinance Councilmember Graves moved and Councilmember Ryan seconded to open the Public Hearing at 7:46 p.m. Motion passed unanimously. No one appeared to address this item. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing at 7:47 p.m. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the second reading and adopt CITY ORDINANCE NO. 2018-15 amending Chapters 19 and 27 of the City Code Regarding Parking. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. RESOLUTION NO. 2018-199 APPROVING PLANNING COMMISSION APPLICATION NO. 2018-018 FOR AN INTERIM USE PERMIT FOR THE TEMPORARY RELOCATION OF THE BROOKLYN CENTER STEAM HIGH SCHOOL (TO BE LOCATED AT 5951 EARLE BROWN DRIVE) Planner and Zoning Administrator Ginny McIntosh reviewed the request for an Interim Use Permit to relocate the Brooklyn Center STEAM High School during a construction period. She 11/13/18 -9- DRAFT stated the School District wishes to renovate a vacant space at 5951 Earle Brown Drive, and intends to relocate students to this location by January 2019. The applicant has agreed to conditions that would be imposed by the City Council. Ms. McIntosh stated the applicant will conduct renovations on the space to make it usable for 400 high school students and approximately 40 staff. She added there are 2 parking access points and no minimum parking allowance for school use. She noted no more than 15 high school students will require parking, and the building will be served by 10-15 buses per day. Ms. McIntosh stated City Staff recommends assessments and repairs in the parking lot. She added part of the irrigation system is not functioning and needs to be addressed. She noted the City Engineer’s report indicates there must be compliance with ADA requirements including sufficient ADA parking, as well as compliance with Fire Code requirements and installation of a sprinkler system. Mayor Willson asked whether the Educational Use designation will go away when the space is no longer used as a high school. Ms. McIntosh stated that would be reviewed when there is a new lease application. Mr. Boganey stated City Staff proposes the interim use permit would be time limited. Councilmember Graves requested clarification regarding building security. Ms. McIntosh stated the security system that is currently being used at the high school will be in place at this location as well. Ms. McIntosh stated a signage plan was not submitted by the applicant, but they will likely use the multiple tenants panel board. The Planning Commission recommends approval of Resolution No. 2018-199, approving Planning Commission Application No. 2018-018 for an Interim Use Permit for the temporary relocation of the Brooklyn Center Steam High School, to be located at 5951 Earle Brown Drive. Mayor Willson stated he is glad to see the building is being put to good use after being vacant for many years. He added the School District should increase their security presence at the new temporary location. He noted hopefully the City can work with the property owners on some type of redevelopment after the interim use ends. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2018-199 approving Planning Commission Application No. 2018-018, for an Interim Use Permit for the Temporary Relocation of the Brooklyn Center STEAM High School (to be located at 5951 Earle Brown Drive). Motion passed unanimously. 11/13/18 -10- DRAFT 9b. RESOLUTION NO. 2018-200 APPROVING PLANNING COMMISSION APPLICATION NO. 2018-017, FOR A SPECIAL USE PERMIT FOR JAMBO AFRICA (LOCATED AT 1601 FREEWAY BOULEVARD) Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning Commission Application No. 2018-017, approving a Special Use Permit for live entertainment at Jambo Africa Restaurant. She stated the Resolution was published in the Sun Post and notices were sent to nearby property owners. She added the property does not abut any properties that are zoned Residential. She noted the applicant already possesses both liquor and public dance licenses. Building Official Dan Grinsteinner noted that an ADA-compliant ramp will be required for the removable stage. The Planning Commission requested that the number of patrons within the establishment be restricted. The Planning Commission recommends City Council approval of Planning Commission Application No 2018-017, for a Special Use Permit for Jambo Africa. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2018-200 approving Planning Commission Application No. 2018-017, for a Special Use Permit for Jambo Africa (located at 1601 Freeway Boulevard). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE 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 the proposed rental license for 6712 Beard Avenue North. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Ryan moved and Councilmember Butler seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 6712 Beard Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following events: • October 29, 2018 – Highway 252 Freeway Conversion Project meeting – participants included Mayor Willson, Commissioner Mike Opat, as well as senior staff from Brooklyn Center, Brooklyn Park, Minnesota Department of Transportation and SRF Consulting 11/13/18 -11- DRAFT • October 29, 2018 – City Council Joint Work Session with Financial Commission to review Enterprise Funds • November 8, 2018 - Coffee with a Cop at Tim Horton Restaurant – community engagement effort • November 6, 2018 – General Election – Councilmember Ryan acknowledged the high rate of voter turn-out in Brooklyn Center, at 64%. He expressed his gratitude for residents’ support and confidence in him. He thanked his wife and his supporters who helped him get re- elected for the fourth time. He congratulated Councilmember Graves on her re-election. He expressed disappointment that Mayor Willson will no longer be a part of the City Council and added he has appreciated Mayor Willson’s excellent service and dedication for the past 12 years as Mayor of Brooklyn Center. Councilmember Lawrence-Anderson reported on her attendance at the following event: • November 6, 2018 – General Election – Councilmember Lawrence-Anderson congratulated Councilmembers Ryan and Graves on their successful re-election campaigns. Councilmember Graves reported on her attendance at the following events: • October 25, 2018 – tour of Noble Academy • October 25, 2018 – meeting with Minneapolis Area Association of Realtors to discuss fair housing and market trends • October 26, 2018 – dinner with former Vice President of Liberia • October 29, 2018 – Progressive Baptist Church candidates’ event • October 29, 2018 – Brooklyn Innovations ribbon cutting ceremony • October 31, 2018 - trick or treating and door knocking • November 2, 2018 – meeting with Ambrose Russell, Executive Director/Founder of The Inner Hero, which provides inspiration and mentoring to young people • November 6, 2018 - participated in General Election – Councilmember Graves stated she is happy to be re-elected, offered her congratulations to Councilmember Ryan, and thanked her supporters for their hard work on her behalf. • November 8, 2018 – Northside Neighborhoods Council meeting • November 8, 2018 – Women and Girls of Color Symposium at University of Minnesota’s Urban Research and Outreach-Engagement Center (UROC) Councilmember Butler reported on her attendance at the following events: • October 29, 2018 – Councilmember Butler was unable to attend the Joint Work Session as she was out of the country • November 6, 2018 – participated in General Election – Councilmember Butler thanked the election judges and offered congratulations to all candidates, whether they won or not • November 8, 2018 – attended the Community Development Innovation Panel and was interviewed by a University of Minnesota student for a research project on women in politics. Mayor Willson commented on the high number of residents in Brooklyn Center who turned out to vote on November 6, 2018. 11/13/18 -12- DRAFT 12. ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:24 p.m. Motion passed unanimously.