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HomeMy WebLinkAbout2019 01-14 CCM Regular SessionMINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 14, 2019 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 Mike Elliott at 6:45 p.m. ROLL CALL Mayor Mike Elliott, Councilmembers April Graves and Dan Ryan, and Marquita Butler. Councilmember Kris Lawrence -Anderson was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Community Development Director Meg Beekman, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Mayor Mike Elliott opened the meeting for the purpose of Informal Open Forum. Diane Sannes, 7006 Willow Lane, presented a letter of thanks to the City Council from the Yang family for the recent City-wide Youth Art Contest. She added awards were presented to three members of their family. Ms. Sannes congratulated the new mayor and expressed her anticipation that positive changes will be made during this very historic time in the City of Brooklyn Center. Rex Newman, a former resident of Brooklyn Center, stated he recently sold his home of 28 years and moved to Brooklyn Park. He added he served on several City committees over the years, and he is sad to say good-bye to friends and neighbors. Councilmember Ryan expressed his appreciation for Mr. Newman's hard work and efforts on the Finance and Cable Commissions. He thanked Mr. Newman for his service to the City of Brooklyn Center. Mayor Elliott thanked Mr. Newman for his service and wished him all the best. He stated Mr. Newman is always welcome to come back. 01/14/19 -1- Councilmember Graves stated she appreciated Mr. Newman's ability to ask tough questions while he served on the Finance Commission. She wished him good luck and thanked him for his service. Mr. Boganey also thanked Mr. Newman for his service and for his questions and comments, which were always helpful. Barbara Jensen, 6539 Drew Avenue, welcomed the new City Council, adding she looks forward to wonderful things in Brooklyn Center. She added the new Mayor will be a guide for the Councilmembers and community. Hawa Dukuly, 3355 Oliver Avenue North, stated she would like to bless the meeting attendees. She thanked the City Council, City Staff, and residents of Brooklyn Center. Mayor Elliott introduced Ms. Dukuly as his mother. He stated Ms. Dukuly attended the meeting with his daughter, Michelle Elliott. Wayne Brown, owner of Jammin Wings, requested clarification from the City Council regarding his business. Councilmember Graves stated this issue would be addressed as part of the Regular Meeting. She added the City Council could not discuss the issue during Open Forum. Councilmember Ryan moved and Councilmember Butler seconded to close the Informal Open Forum at 6:51 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Graves offered a personal reflection for the Invocation, as well as a quote from Dr. Martin Luther King, Jr.: "A genuine leader is not a searcher for consensus but a molder of consensus." Pastor Rick Zeck, Brooklyn United Methodist Church, offered a prayer for the new leaders of the City of Brooklyn Center. ADMINISTER CEREMONIAL OATH OF OFFICE City Clerk Barb Suciu administered the oath of office to Mayor Mike Elliot and Councilmembers-Elect April Graves and Dan Ryan. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Elliott at 7:00 p.m. 01/14/19 -2- 4. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, and Dan Ryan. Councilmember Kris Lawrence -Anderson was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Community Development Director Meg Beekman, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE AND FLAG CEREMONY BY BOY SCOUTS TROOP 3403 The Pledge of Allegiance was recited, and the flag ceremony was led by Brooklyn Center's Boy Scout Troop 3403. 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 Study Session and Regular Session minutes of December 10, 2018, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. December 10, 2018 — Study Session 2. December 10, 2018 — Regular Session 6b. LICENSES GASOLINE SERVICE STATION LICENSES Boulevard Enterprises Inc. 5300 Dupont Avenue N Christy's Auto Service Brooklyn Center MN 55430 Kabalan Co. 1505 69th Avenue N dba Pump N' Munch Brooklyn Center MN 55430 Northern Tier Retail LLC 1901 57h Avenue N dba Speedway #4058 Brooklyn Center MN 55430 Northern Tier Retail LLC 6950 Brooklyn Boulevard dba Speedway #3192 Brooklyn Center MN 55430 Northern Tier Retail LLC 6545 West River Road dba Speedway #4160 Brooklyn Center MN 55430 LIQUOR OFF -SALE 3.2 PERCENT MALT LIQUOR Kabalan Co. 1505 69 Avenue N dba Pump N' Munch Brooklyn Center MN 55430 MECHANICAL CONTRACTORS Edina Heating & Cooling, Inc. 15753 Cedar Ridge Road Eden Prairie MN 55347 Farr Plumbing & Heating 2525 Nevada Avenue #104 01/14/19 -3- TOBACCO Kabalan Co. 1505 69th Avenue N dba Pump N' Munch Brooklyn Center MN 55430 RENTAL INITML (TYPE IV — one-year license) 5331 70th Circle Boulari Kabore 5416 Fremont Avenue N Luisa Navraez I7VITL4L (TYPE H— two-year license) 5448 Dupont Avenue N Paul Gathumbi 5921 Ewing Avenue N Manuel J. Bonete 6915 Logan Avenue N Trang Lam 5949 Vincent Avenue N Olufemi Kolawale Olagbaju 6661 Xerxes Place Ashwin Goel RENEWAL (TYPE IV — one-year license) 4913 Winchester Lane Golden Valley, MN 55427 Heating & Cooling Experts, LLC 123 Cedar Street 3601 47th Avenue N White Bear Lake MN 55110 Larson Plumbing, Inc. 3095 162nd Lane NW dba Larson Plumbing & Heating Andover, MN 55304 Sustainable Heating & Cooling, Inc. 21646 Thomas Street 4212 61St Avenue N Wyoming, MN 55092 Thelen Heating & Cooling 1717 130' Street 5325 7e Circle Brainerd, MN 56401 Twin Peaks Hearing & A/C 1290122 I't Avenue NE 6725 Bryant Avenue N Elk River MN 55330 TOBACCO Kabalan Co. 1505 69th Avenue N dba Pump N' Munch Brooklyn Center MN 55430 RENTAL INITML (TYPE IV — one-year license) 5331 70th Circle Boulari Kabore 5416 Fremont Avenue N Luisa Navraez I7VITL4L (TYPE H— two-year license) 5448 Dupont Avenue N Paul Gathumbi 5921 Ewing Avenue N Manuel J. Bonete 6915 Logan Avenue N Trang Lam 5949 Vincent Avenue N Olufemi Kolawale Olagbaju 6661 Xerxes Place Ashwin Goel RENEWAL (TYPE IV — one-year license) 4913 Winchester Lane Huda Hassen 3401-3413 470i Avenue N Ryan Lake Apartments 3601 47th Avenue N Halverson & Blaiser Group, Ltd Ryan Creek Manor 1107 57th Avenue N Bob Robson 7018 Brooklyn Boulevard Nelia G. Schaff 4212 61St Avenue N John Hostetler 111862 d Avenue N Elbrus Management 5325 7e Circle Douglas Allen Wahl 5606 Bryant Avenue N Marc Silverstein 6725 Bryant Avenue N Vong Duong 3612 Commodore Invitation Homes 5724 Logan Avenue N Konstantin Ginzberg RENEWAL (TYPE III — one year license) 4500 58" Avenue N TLN LA NEL — Twin Lake North 5001 Ewing North Bartholomew Dabrowski 01/14/19 -4- 5700 Camden Avenue N 5600 Judy Lane Quality Residences/ Danmark Properties, LLC Nita Morlock RENEWAL (TYPE II — two year license) 6445 James Circle N Kasawa Hospitality 5500 Knox Avenue N Marc Silverstein 4201 Lakeside Avenue #201 Justin Frederick 4201 Winchester Lane Theresa Burns & Eric Poehler RENEWAL (TYPE I — three-year license) 6700 Humboldt Avenue N 6742-44 France Avenue N 5341-43 Penn Avenue 3106 64th Avenue N 5550 Girard Avenue N 7037 Humboldt Avenue N 7125 Kyle Avenue N 4110 Lakebreeze Avenue 4201 Lakeside Avenue #104 5728 Logan Avenue N 3018 Ohenry Road 6901 Quail Avenue N 6824 Regent Avenue N 5924 Washburn Avenue N 4912 Zenith Avenue N John Roder — Sterling Square Infinite Property LLC Margery Schwab Invitation Homes Jim Jasper/RESTART San Yen Liew Prosperous Property LLC Mindy Jean Brummer Minneapolis Property LLC Konstantin Ginzberg COSCO Properties Prosperous Property LLC Cari Gilseth Ryan McLuen Frank Jin & Emily Zhao 6c. RESOLUTION NO. 2019-001 DESIGNATING OFFICIAL NEWSPAPER 6d. RESOLUTION NO. 2019-002 DESIGNATING DEPOSITORIES OF CITY FUNDS 6e. RESOLUTION NO. 2019-003 APPROVING THE 2019 FEE SCHEDULE 6f. RESOLUTION NO. 2019-004 GRANTING CORPORATE AUTHORITY FOR SIGNING OF CHECKS AND TRANSACTIONS OF FINANCIAL BUSINESS MATTERS 6g. RESOLUTION NO. 2019-005 OPTING NOT TO WAIVE LIMITED TORT LIABILITY FOR 2019 6h. RESOLUTION NO. 2019-006 AMENDING SECTION 2.94 OF CITY COUNCIL CODE OF POLICY TO INCLUDE PAID -ON-CALL FIREFIGHTERS 01/14/19 -5- Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2019-007 RECOGNIZING SERVICE AND CONTRIBUTIONS OF MAYOR TIM WILLSON Mayor Elliott read in full a Resolution expressing gratitude to Mayor Tim Willson for his service to the City of Brooklyn Center from January 1, 2012 — December 31, 2018. He commented on the presence of Senator Chris Eaton at the meeting. Mayor Elliott reviewed the numerous accomplishments of the City Council under the tenure of Mayor Willson. Councilmember Ryan stated he served on the City Council for 12 years with Tim Willson as Mayor. He added he feels great pride in the accomplishments of the last 12 years. He noted he is optimistic and confident about the future of the new City Council, to continue to build upon past accomplishments. Councilmember Butler thanked Mayor Willson for the kindness, leadership and guidance he showed to her as a new Councilmember. She recognized the length of his tenure, as well as his dedication and hard work. Councilmember Graves stated she has grown to appreciate former Mayor Willson as a friend and mentor, always willing to work through differences and stay positive for the greater good of the City of Brooklyn Center. She added she hopes Mayor Willson will continue to help guide the City, just as she continues to learn from him. City Manager Curt Boganey stated the City Council has enjoyed 12 years of success under Mayor Willson, which is the longest he has worked for a City or Mayor in his career. He expressed his appreciation and gratitude for the leadership of Mayor Willson, his confidence in and support of City staff and Mr. Boganey himself. He noted that confidence and support allowed City Staff to make progress and achieve a measure of success. Mayor Elliott thanked Mayor Willson for his years of service to Brooklyn Center. He added he has worked with Mayor Willson collaboratively with the City's youth organizations. He noted he has come to know Mayor Willson as someone who cares deeply about the issues affecting the community's young people. He thanked Mayor Willson for his service and expressed his hope that Mayor Willson will continue to be involved as the City moves forward. Mayor Elliott stated he is grateful to Mayor Willson for his offer to provide any assistance during this transition period. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION 01/14/19 -6- NO. 2019-007 Recognizing Service and Contributions of Mayor Tim Willson Motion passed unanimously. 7b. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Mr. Boganey acknowledged receipt of the Certificate of Achievement for Excellence in Financial Reporting, for the year ending December 31, 2017. He added this certificate is the highest form of recognition for Federal and State financial reporting. He noted the City of Brooklyn Center has received this award for many years. Finance Director Nate Reinhardt accepted the Certificate on behalf of City Staff. Councilmember Butler moved and Councilmember Graves seconded to acknowledge Certificate of Achievement for Excellence in Financial Reporting. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2018-17 AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CITY CODE REGARDING HOSPITALITY ACCOMMODATIONS Police Chief Tim Gannon reviewed the proposed amendments to Chapter 23 of the City Code, related to hospitality accommodations. He added the Ordinance includes language changes and definitions for best practices. He noted the Ordinance provides guidelines for implementation of procedural changes, including an enhanced point system related to the type of call for service. Police Chief Gannon stated City Staff recommends approval of the Ordinance. Councilmember Graves stated the point system is well thought out, and she supports its implementation as it is a step in the right direction. She asked for clarification regarding domestic violence calls and compliance orders for deficiencies. Police Chief Gannon stated a reasonable amount of time is allowed for proprietors to complete items listed in the compliance order before their property is reviewed again. He added the Ordinance is not intended to impede a call for service. Inspectors will be reviewing hotel rooms for safety and health reasons, but never to gain entrance to a room. Mayor Elliott asked about the financial burden this amendment could place on proprietors, in terms of expenses related to inspections, repairs and upgrades. Police Chief Gannon stated most hotels incur these types of expenses as part of their regular maintenance. He added proprietors that have been approached have not indicated any apprehension with regard to this amendment. 01/14/19 -7- Mr. Boganey stated some hotels could be in a level 3 situation, in which they would incur substantial costs. He added it is in their interests to comply, as these best practices have been proven to reduce police calls. Mayor Elliott asked whether there is a time frame for implementation and compliance. Police Chief Gannon stated hotels will be on different improvement schedules, and ample time is given to complete necessary improvements or repairs. He added it is not the City's intent to negatively impact the hotels' ability to conduct their business. He noted hotels will be given their license type, along with provisions and a building compliance checklist. Mayor Elliott asked how the license type is determined and issued. Police Chief Gannon stated it is based on calls for service at the hotel, divided by the number of rooms. He added Code violations do not count toward license type. Mr. Boganey stated the licenses will be issued from the City Clerk's office, like all other City licenses. Councilmember Graves asked whether proactive police calls would get a point taken away. Police Chief Gannon stated the City wants to maintain a good relationship with hotel owners and managers. He stressed that it is not the City's intent to use the point system against hotel proprietors. Councilmember Ryan stated the point system is an innovative approach to a performance-based licensing system, creating incentives for hotels to do a better job and reduce the number of police calls. He expressed confidence that there will be a decrease in police calls if hotels can comply with best practices. Councilmember Graves moved and Councilmember Butler seconded to open the Public Hearing at 7:48 p.m. Motion passed unanimously. There were no comments. Councilmember Graves moved and Councilmember Ryan seconded to close the Public Hearing at 7:49 p.m. Motion passed unanimously. Councilmember Graves requested that City Staff provide updates to the City Council to see how the points system is working. Mr. Boganey agreed. 01/14/19 -8- Councilmember Ryan moved and Councilmember Butler seconded to adopt ORDINANCE NO. 2018-17 Amending Chapter 23 of the Brooklyn Center City Code Regarding Hospitality Accommodations. Motion passed unanimously. Councilmember Ryan moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2019-008 for Summary Publication of the adopted Ordinance. Motion passed unanimously. 8b. ORDINANCE NO. 2018-18 AMENDING CHAPTER 12 OF THE CITY CODE OF ORDINANCES REGARDING TENANT PROTECTIONS — SECOND READING AND PUBLIC HEARING Ms. Meg Beekman reviewed the proposed amendment of City Code Chapter 12, regarding tenant protection. She stated the proposed amendment was reviewed by the Housing Commission at the City Council's request, and a few minor revisions have been recommended. She added the amended language of the Ordinance will bring it into compliance with State law and applies to properties with 3 or more rental units. She noted the proposed amendment does not prohibit the raising of rent but allows renters ample time to find new accommodations. Ms. Beekman stated there is some uncertainty regarding enforcement, and no clear legal path for tenants, as this is a new Ordinance. City Staff sought feedback and comment from stakeholders, including landlords and renters. HOME line, a tenant advocacy organization, expressed their support for the recommended updates, and added they would support a Notice of Sale ordinance. Many landlords expressed concern regarding unintended consequences. City Staff recommends approval of the adoption of the amended Ordinance, and the Summary of Publication Councilmember Graves requested clarification regarding HOME Line's recommendation. Ms. Beekman stated stakeholders involved in drafting the model Ordinance I St. Louis Park requested a provision for multi -family properties that 20% or more properties must be affordable at 60% or less of the Area Median Income. She added HOME Line recommends that it should apply to any percentage for properties, which would cover every rental property. She noted this will diminish the risk of landlords raising rents to avoid adhering to the Ordinance. Councilmember Graves asked whether the Ordinance is working as a preventative measure in cities in which it has been enacted, and no relocation benefits have been dispersed. Ms. Beekman agreed and confirmed the Ordinance seems to be effective. She added the intention is to freeze lease terms and allow tenants ample notice and time to relocate if necessary. She added landlords are incentivized to not make any changes to leases, and provide adequate notice, because the alternative is a costly penalty. 01/14/19 -9- Mr. Boganey agreed. He stated, in addition, advanced notice requirements could result in more affordable housing, as other organizations would have more opportunity to purchase the property and create affordable housing. He added the proposed tenant protection ordinance encourages a property sale in a humane manner that supports those who are living in the rental units, while not interfering with or prohibiting sale of the property. Councilmember Graves moved and Councilmember Butler seconded to open the Public Hearing at 8:19 p.m. Motion passed unanimously. Barbara Jensen, 6539 Drew Avenue, asked how tenants will be made aware of the amended Ordinance. She asked whether accommodations will be made for residents who do not speak English. She expressed her support of the concept. City Attorney Troy Gilchrist stated the property owner has an obligation to provide written notice to tenants when a new owner closes on a property. He added property owners are also required to provide affidavit to the City that notice of the sale was given to renters. He noted a language requirement in the amended Ordinance contains an advisory that landlords must translate the notice into several languages. Councilmember Butler moved and Councilmember Graves seconded to close the Public Hearing at 8:23 p.m. Motion passed unanimously. Councilmember Butler thanked Ms. Beekman for her hard work on this effort, which is a good first step toward protecting the area's rental residents. She expressed her appreciation at the City Council's willingness to be one of the first communities to enact this type of legislation. Councilmember Ryan stated local rental households are burdened by increased rents and lack of affordability. He expressed his hope that the Ordinance succeeds in providing support and protection for local renters. Councilmember Graves moved and Councilmember Butler seconded to adopt ORDINANCE NO. 2018-18 Amending Chapter 12 of the City Code of Ordinances Regarding Tenant Protections — Second Reading and Public Hearing Motion passed unanimously. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2019-009 Approving Summary Publication of the adopted Ordinance. Motion passed unanimously. 01/14/19 -10- 8c. LIQUOR LICENSE VIOLATION — JAMNIIN WINGS Mr. Boganey stated this agenda item was carried forward from the City Council's December 4, 2018, Regular Meeting. Deputy City Manager Reggie Edwards reviewed the liquor license violation that occurred on October 9, 2018, at Jammin Wings, when alcohol was served to an individual that was under 21years of age. He added a previous violation was incurred on January 22, 2018, for operating at 2:00 a.m. with an expired license. It was the 2nd violation in 2018. A $1,300 penalty was imposed by the City Council, after which $1,000 of the penalty was suspended contingent upon any further liquor license violations. At the time of the 2nd violation, an invoice was sent to the property owner for the citation balance of $1,000. Mr. Edwards requested City Council consideration of a potential fine for the 2nd violation of the liquor license. Councilmember Butler requested clarification regarding the appropriate action or process. Mr. Gilchrist stated this is an enforcement action, and the City Council should decide if any penalties apply. The proprietor's liquor license was renewed by the City Council at the end of 2018. He recommended that the City Council direct City Staff to prepare a resolution reflecting their decision in this case for consideration at the City Council's next Regular Meeting. Councilmember Graves moved and Councilmember Butler seconded to open the Public Hearing at 8:34 p.m. Motion passed unanimously. Wayne Brown, owner of Jammin Wings, stated the first license he obtained was through the State of Minnesota, and not the City of Brooklyn Center. He added he does not think the City should impose a fine based on an expired license from the State, and he wishes to contest that penalty. Mr. Brown stated he purchased Jammin Wings in 2013, and the property was vandalized in June 2013. He added he called 911 three times before an officer arrived and told him to leave the premises. He noted the building was destroyed while the police were present as a result of that incident, and he never received an apology. He expressed concern that there is a stigma against Jammin Wings and himself at the City's Police Department, and he feels there is harassment when he calls 911. Mr. Brown stated he requested police presence at Jammin Wings four years ago and was told that the City did not provide that service. He added he has been at Topgolf several times, and there is always a police presence there. He added he is happy to see that the City is allowing a 01/14/19 -11- police presence, but he would like to know why he was not allowed the same opportunity. He noted Jammin Wings has been doing a good job for the last year, and recently received an email communication from Sergeant Mike Coleman, commending Jammin Wings for operating their business under the guidelines set forth in the liquor license. Mr. Brown stated the Ordinance recently changed from 2:00 a.m. to 1:00 a.m. closing, and police began to come into his building at 1:00 a.m. to check on display of alcohol and ensure that they stopped serving. He added Topgolf is not being required to stop serving at 1:00 a.m. He expressed his frustration and belief that everybody should be doing the same thing. He requested a personal meeting to discuss these matters with City Staff. He noted he would like the City Council to reinstate his 2:00 a.m. liquor license. Mr. Brown stated he intends to have Sergeant Coleman get to know his staff and business better. He added he has worked with the Police Department in the past to combat credit card fraud. He hopes they can continue to work together for the good of the community and the patrons of Jammin Wings. Mr. Gilchrist clarified that the public hearing is related to the violation of serving liquor to an underage person on October 9, 2018. Mr. Brown stated he is not contesting that violation. He added he is contesting the fine he received from the City under his State license. Mr. Gilchrist stated the City has the authority to act on the State license. He added State law violation is also a violation of City Code and enforceable by the City Council. He re -iterated that the focus of tonight's discussion is the violation for serving an under -age person, and any other issues are not up for discussion. Mayor Elliott asked whether there is an appeal process for the prior violation. Mr. Gilchrist stated there is no appeal in City structure, but perhaps in District Court. Mr. Brown stated the underage liquor license violation is the first time that has happened at Jammin Wings in 5.5 years of operation. Councilmember Graves asked who completes the compliance checks. Mr. Boganey stated they are carried out by the Police Department routinely on all liquor establishments, and he believes it is done once or twice per year. Mr. Brown stated he is getting compliance checks more than twice per year. Councilmember Graves stated Mr. Brown should document compliance checks. Councilmember Butler stated while she understands these issues are not being addressed tonight, she would like to have more information and understand the situation from the City's standpoint. 01/14/19 -12- She requested further information from City Staff regarding Mr. Brown's allegations, including clarification regarding police presence at Topgolf, and a definition of display of alcohol. She noted she would like to know what actions are taken by the Police Department to establish a rapport with local business owners. Mr. Boganey agreed to provide that information. Councilmember Ryan stated he believes there is a $500 fine in the City of Minneapolis for sale of alcohol to a minor. He added this is a commonplace issue with on -sale and off -sale liquor licenses. He thanked Mr. Brown for sharing his concerns. Councilmember Graves moved and Councilmember Ryan seconded to close the Public Hearing at 9:00 p.m. Motion passed unanimously. Councilmember Butler stated, in her opinion, Mr. Brown's license should not be revoked, as it would have a large negative impact on his ability to do business. She suggested a penalty for the violation. Councilmember Graves agreed. She added she would still like to see a staff report on the issues raised by Mr. Brown, as she has heard of similar issues from another business in the City. She stated the fine of $1,300 is quite a bit higher than the fine of $500 in Minneapolis as noted by Councilmember Ryan. Councilmember Ryan agreed, adding the fine should be proportionate to the violation, and requested recommendations from City Staff on an appropriate dollar amount. Mayor Elliott stated Mr. Brown has indicated a willingness to work with the City, and he too would like to see a staff report related to Mr. Brown's allegations. He added there have not been any police calls to Jammin Wings in the past year, and the business has shown improvement over time. Mr. Gilchrist stated the City Council should discuss a monetary penalty and direct City Staff to draft a resolution with the penalty amount, and request a staff report on Jammin Wings as discussed, to be reviewed at the City Council's next regular meeting. Mayor Elliott stated the he would support no additional penalty based on Mr. Brown's willingness to comply with City regulations and his previous work with the Police Department, as well as his obvious desire to be a good member of the community. 01/14/19 -13- Councilmember Graves agreed, adding she would like the City Council to be made aware of any discrepancy in the amount of the fine. She added Mr. Brown has already paid the $1,000 deferred penalty. Councilmember Butler stated she would not support a penalty of more than $500, as Mr. Brown has not had any other violations in the past 5 years, and he has paid the $1,000 deferred penalty. Mr. Boganey stressed the importance of setting precedence for similar violations that may occur, for purposes of consistency. He added the City Council can direct City Staff to provide a Resolution with findings of fact, with or without a penalty. Councilmember Graves stated the City Council has expressed consensus that the deferred penalty of $1,000, paid by Mr. Brown, is an adequate fee for the subsequent violation in October 2018. Councilmember Ryan stated he would support a staff report and resolution with two options as recommended by Mr. Boganey. Councilmember Ryan moved and Councilmember Graves seconded to request that City Staff prepare a Staff Report and alternate Resolutions for City Council consideration regarding penalty for liquor license violation at Jammin Wings. Motion passed unanimously. Mr. Boganey stated, for purposes of clarification, the City Council has also requested a separate report in response to unrelated issues raised by Mr. Brown at tonight's meeting. Mayor Elliott agreed. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2019-010 SELECTING PRESIDING OFFICERS — MAYOR PRO TEM AND ACTING MAYOR PRO TEM Mr. Boganey reviewed the City's policy for appointment of Mayor Pro Tem and Acting Mayor Pro Tem. He added, according to the language of the Charter, the City Council chooses the Mayor Pro Tem. Mayor Elliott nominated Councilmember Butler for Mayor Pro Tem. 01/14/19 -14- Councilmember Ryan stated Mayor Pro Tem has traditionally been the Councilmember with the longest tenure, and Acting Mayor Pro Tem is the second -longest serving member. He added these appointments are at the discretion of the City Council. Councilmember Graves nominated Councilmember Ryan for Mayor Pro Tem. Councilmember Butler stated she appreciates Mayor Elliott's confidence, but she supports appointment of Councilmember Ryan as Mayor Pro Tem. Councilmember Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2019-010 Selecting Presiding Officers: Mayor Pro Tem Dan Ryan and Acting Mayor Pro Tem Kris Lawrence -Anderson. Motion passed unanimously. 10b. RESOLUTION NO. 2019-011 DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER Mr. Boganey presented this item, and reviewed the resolution confirming the City Council's commitment to the City Charter. Mayor Elliott asked whether the resolution prevents the City Council from communicating directly with City Staff. Mayor Boganey stated conversations should be directed first to the City Manager, but they are not precluded. Mayor Elliott asked whether the City Attorney has any comments related to the resolution, since it is an interpretation of the City Charter. He added the resolution seems to state that approval to communicate with City Staff must be granted by the City Manager. Mr. Gilchrist stated the resolution will not change what is currently stated in the City Charter. He added the resolution reaffirms recognition of City Council interaction with City Staff, and the City Manager's responsibility for managing City Staff and their time. Councilmember Graves stated Mr. Boganey has done a great job of connecting the City Council's concerns and comments with the correct staff person and getting information back to the Council quickly. She expressed her support of moving forward with the resolution. Councilmember Ryan stated a discussion regarding the City Charter could be postponed to an upcoming City Council retreat. He added the current system works well, and the City should adhere to it. Mayor Elliott stated he supports the resolution, but would like to table the discussion for further review at a City Council retreat. 01/14/19 -15- Councilmember Ryan moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2019-011 Declaring Commitment to the Brooklyn Center City Charter. Motion passed unanimously. 10c. RESOLUTION NO. 2019-012 RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS Mr. Boganey presented this item and reviewed the resolution to recognize contributions of ethnic populations, as well as dates of heritage celebrations in Brooklyn Center. Councilmember Graves stated Indigenous People's Day is not on the list of heritage celebrations. She added Indigenous People's Day replaced Columbus Day in the State of Minnesota. Councilmember Butler expressed agreement with Councilmember Graves that Columbus Day should be replaced with Indigenous People's Day in the list of heritage celebrations. Mr. Boganey stated the resolution can be amended to reflect the City Council's discussion. Councilmember Graves moved and Councilmember Butler seconded to amend RESOLUTION NO. 2019-012 as follows: - replace "Columbus Day" with "Indigenous People's Day" Motion passed unanimously. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2019-012 Recognizing the Contributions of Ethnic Populations and Heritage Celebrations, as amended. Motion passed unanimously. 10d. ORDINANCE NO. 2019-01 AMENDING CHAPTER 1 AND 35 OF THE CITY CODE OF ORDINANCES REGARDING BEE KEEPING Ms. Meg Beekman presented this agenda item, related to the issue of bee keeping in the City of Brooklyn Center, to allow up to four hives in the RI and R2 Zoning Districts. She reviewed requirements for bee keepers and registration of bees, as well as the application process. She added it is not anticipated that no extra staffing will be needed. Councilmember Graves requested clarification regarding inspection and certification. Ms. Beekman stated inspections would be conducted by City Staff, according to the City's licensing procedures. She added the City of Brooklyn Park has an active bee keeping Ordinance, after which the proposed Ordinance was modeled. She noted the inclusion of a requirement that bee keeper must participate in an instructional class presented by the University of Minnesota. 01/14/19 -16- Councilmember Graves asked whether there is a cost related to certification. Ms. Beekman stated an application and fee of $75 is required, as well as registration in the U of M bee keeping class. Councilmember Graves noted that the Housing Commission did not recommend a registration process for chickens. She asked whether there is the potential difference between these two types of licenses. Ms. Beekman stated the Housing Commission recommended a registration policy for bees as well as notification for neighbors in case of a medically documented allergy. She added that will not be a problem with chickens. Councilmember Ryan expressed his support of the proposed Ordinance. He asked whether the application fee will cover administrative costs. Ms. Beekman stated the registration fee would defer processing time spent by City staff. She added the certification process would not be administered by the City. Mayor Elliott asked whether residents who are already keeping bees will be grandfathered in to this process. Mr. Boganey stated, in cases like this, when the City Council is considering new regulations, the requirements will also be applied to any resident who is already participating in the regulated activity. Ms. Beekman stated any residents who are already keeping bees will be notified that they must be registered and certified. Mr. Gilchrist agreed, adding it is always difficult to enforce a grandfather clause. Councilmember Ryan moved and Councilmember Graves seconded to adopt ORDINANCE NO. 2019-01 Amending Chapter 1 and 35 of the City Code of Ordinances Regarding Bee Keeping and calling for a public hearing and second reading to be held on February 11, 2019. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan stated he would forego his report due to the late hour. Councilmember Graves stated she would also forego her report. She noted that the Inner Hero organization is sponsoring a community policy dialogue on Tuesday, January 15, 2019, in Brooklyn Park. Councilmember Ryan stated the event will be held at Brooklyn United Methodist Church from 5:00 — 7:00 p.m., and both Brooklyn Park and Brooklyn Center Police Chiefs will be present. 01/14/19 -17- Councilmember Butler stated she would forego her report. She noted an open house and ribbon - cutting ceremony will be held at Bank of America on Thursday, January 17, 2019, beginning at 3:00 p.m. Mayor Elliott stated he plans to attend the upcoming Black Heritage Council meeting, which will address housing and other general concerns. Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City Council meeting at 10:20 p.m. Motion passed unanimously. STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the City Council of the City of Brooklyn Center held on January 14, 2019. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its January 28, 2019, Regular Session. Barbara Suciu, City Clerk 01/14/19 -18- Mike Elliott, Mayor