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HomeMy WebLinkAbout2018 12-10 CCM Regular Session12/10/18 -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 DECEMBER 10, 2018 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director Doran Cote, City Engineer Mike Albers, Community Development Director Meg Beekman, 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 Ryan moved and Councilmember Butler seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson read the following quote as an Invocation: “We meet to serve our community, to use our resources wisely and well, to represent all members of our community fairly, and to make decisions that promote the common good. We recognize our responsibility to the past and the future, and the rights and needs of both individuals and community. As trusted servants, we seek blessings on our deliberations, and on our efforts here today, may we act wisely and well.” 3. CALL TO ORDER REGULAR BUSINESS MEETING 12/10/18 -2- 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, 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, City Engineer Mike Albers, 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 The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Willson stated the City Council agreed to remove Consent Agenda Item 6d from the Regular Meeting Agenda, for additional review by the Financial Commission. Councilmember Ryan moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, with the removal of Consent Agenda Item 6d, Resolution Adopting Amendments to the Financial Policies Section of the Brooklyn Center City Council Code of Policies, and the following Consent items were approved: 6a. APPROVAL OF MINUTES 1. November 26, 2018 – Study Session 2. November 26, 2018 – Regular Session 3. November 26, 2018 – Work Session 4. December 3, 2018 – Special Meeting 6b. LICENSES FIREWORKS DISPLAY Pyrotecnico Fireworks TopGolf 6420 North Camden Avenue December 31, 2018 Midnight GASOLINE SERVICE STATION LICENSES Holiday Stationstores, LLC 420 66th Avenue Brooklyn Center MN 55430 LIQUOR – ON-SALE 3.2 PERCENT MALT LIQUOR Bryant Wings 1180 Shingle Creek Crossing 12/10/18 -3- dba Wings Stop Brooklyn Center MN 55430 Chipotle Mexican Grill 5711 Xerxes Avenue N Brooklyn Center MN 55430 Davanni’s, Inc. 5937 Summit Drive dba Davanni’s Pizza & Hot Hoagies Brooklyn Center MN 55430 Rose Garden LLC 6090 Shingle Creek Parkway dba Rose Garden Brooklyn Center MN 55430 LIQUOR – ON-SALE CLUB Duoos Brothers 6110 Brooklyn Boulevard dba American Legion Post 630 Brooklyn Center MN 55429 LIQUOR – ON-SALE INTOXICATING 2200 Beverage Management 2200 Freeway Boulevard dba American Legion Post 630 Brooklyn Center MN 55430 Apple Minnesota LLC 1400 Shingle Creek Crossing dba Applebee’s Neighborhood Grill & Bar Brooklyn Center MN 55430 Brooklyn Hotel Partners, LLC 6300 Earle Brown Drive dba Embassy Suites Brooklyn Center MN 55430 Flik International Corporation 6155 Earle Brown Drive dba Earle Brown Heritage Center Brooklyn Center MN 55430 Jambo Africa, Inc. 1601 Freeway Boulevard Jambo Africa Brooklyn Center MN 55430 TopGolf USA 6420 Camden Avenue N dba: TopGolf Brooklyn Center MN 55430 LIQUOR – ON-SALE SUNDAY 2200 Beverage Management 2200 Freeway Boulevard dba: Rise by Elevation Brooklyn Center MN 55430 Apple Minnesota LLC 1400 Shingle Creek Crossing dba Applebee’s Neighborhood Grill & Bar Brooklyn Center MN 55430 Brooklyn Hotel Partners, LLC 6300 Earle Brown Drive dba Embassy Suites Brooklyn Center MN 55430 Duoos Brothers 6110 Brooklyn Boulevard dba American Legion Post 630 Brooklyn Center MN 55429 Flik International Corporation 6155 Earle Brown Drive dba Earle Brown Heritage Center Brooklyn Center MN 55430 Jambo Africa, Inc. 1601 Freeway Boulevard Jambo Africa Brooklyn Center MN 55430 TopGolf USA 6420 Camden Avenue N dba: TopGolf Brooklyn Center MN 55430 LIQUOR – ON-SALE WINE Brooklyn Center Restaurant Inc. 5524 Brooklyn Boulevard dba 50’s Grill Brooklyn Center MN 55429 Davanni’s, Inc. 5937 Summit Drive 12/10/18 -4- dba Davanni’s Pizza & Hot Hoagies Brooklyn Center MN 55430 Rose Garden LLC 6090 Shingle Creek Parkway dba Rose Garden Brooklyn Center MN 55430 MECHANICAL CONTRACTORS C&C HVAC, Inc. 16730 242nd Avenue NW Big Lake MN 55309 RTS Mechanical LLC 725 Tower Drive Hamel MN 55340 St. Paul Plumbing & Heating Company 640 Grand Avenue St. Paul MN 55105 PUBLIC DANCE Jambo Africa 1601 Freeway Boulevard Minneapolis MN 55430 Jammin’ Wings 2950 Freeway Boulevard Brooklyn Center MN 55430 SIGN CONTRACTOR Dandy Signs & Graphics 806 Como Avenue St. Paul MN 55103 Leroy Signs, Inc. 6325 Welcome Avenue N Brooklyn Park MN 55429 TOBACCO PRODUCTS Holiday Stationstores, LLC 420 66th Avenue N Brooklyn Center MN 55430 Holiday Stationstores, LLC 6890 Shingle Creek Parkway Brooklyn Center MN 55430 Northern Tier Retail LLC 6950 Brooklyn Boulevard dba Speedway #3192 Brooklyn Center MN 55429 Northern Tier Retail LLC 1901 57th Avenue N dba Speedway #4058 Brooklyn Center MN 55430 Northern Tier Retail LLC 6545 West River Road dba Speedway #4160 Brooklyn Center MN 55430 Royal Tobacco 5625 Xerxes Avenue N Brooklyn Center MN 55430 Walmart, Inc. 1200 Shingle Creek Parkway Brooklyn Center MN 55430 RENTAL RENEWAL (TYPE IV – one-year license) 5301 Russell Avenue N Nedzad Ceric 5025 Drew Avenue N Ryan Partners, LLC/Ryan Schmidt 5432 Dupont Avenue Xiangming Guan 5455 Emerson Avenue N Elbrus Management 12/10/18 -5- RENEWAL (TYPE III – one-year license) 4204 Lakebreeze Avenue Todd Bertleson/CPP3 LLC 3818 61st Avenue N Sherman Yih Feng Kho 5207 Boulder Lane Ross Herman 5025 Drew Avenue N Ryan Partners, LLC/Ryan Schmidt 6820 Freemont Place N Sharon McGary 6908 Unity Avenue N Xingfu Chen RENEWAL (TYPE II – two-year license) 3218 63rd Avenue N My Truong 6919 France Avenue N Benjamin Hermantin 6800 Freemont Place N Sharon McGary 6413 June Avenue N Douglas Allen Wahl RENEWAL (TYPE I – three-year license) 6331 Beard Avenue N CCFI Holding LLC 6221 Shingle Creek Parkway Steven Plotz Crest Apartments 2113 55th Avenue N Invitation Homes 3000 62nd Avenue N Dan Soffa 1401 72nd Avenue N Chad Tessmer 6501 Brooklyn Drive Dawn M. Araya 2023 Brookview Drive FYR SFR BORROWER LLC 5814 Ewing Avenue Michele Nyarecha 6734 France Avenue N Alexander Yang 5410 Gerard Avenue N Douglas Allen Wahl 5351 Irving Avenue N Douglas Allen Wahl 4207 Lakeside Avenue #327 Rachel Petz 6330 Orchard Avenue N Mark Kohls 7169 Unity Avenue N Soye Chalte 5925 Washburn Avenue N Cheng Lor 4419 Winchester Lane Easton Homes LLC 6c. 2019 CITY COUNCIL MEETING SCHEDULE 6d. RESOLUTION ADOPTING AMENDMENTS TO THE FINANCIAL POLICIES SECTION OF THE BROOKLYN CENTER CITY COUNCIL CODE OF POLICIES (This item was removed from the Consent Agenda and referred to the Finance Commission for recommendation.) 6e. RESOLUTION NO. 2018-205 DIRECTING STAFF TO RECLASSIFY CENTERBROOK GOLF COURSE TO A GOVERNMENT SPECIAL REVENUE FUND 12/10/18 -6- 6f. RESOLUTION NO. 2018-206 TO FORGIVE THE REMAINING INTERFUND ADVANCE BETWEEN THE CENTERBROOK GOLF COURSE FUND AND CAPITAL IMPROVEMENTS FUND 6g. RESOLUTION NO. 2018-207 APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, PROJECT NO. 2017-14, LIFT STATION NO. 1 REHABILITATION AND WETWELL IMPROVEMENTS 6h. RESOLUTION NO. 2018-208 APPROVING A CONTRACT FOR SERVICES BETWEEN THE CITY OF BROOKLYN CENTER AND THE METROPOLITAN CONSORTIUM OF COMMUNITY DEVELOPERS FOR THE OPEN TO BUSINESS PROGRAM 6i. RESOLUTION NO. 2018-209 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, PROJECT NO. 2017-05, EVERGREEN PARK AREA SAFE ROUTES TO SCHOOL TRAIL AND SIDEWALK IMPROVEMENTS 6j. RESOLUTION NO. 2018-210 SETTING SALARIES FOR CALENDAR YEAR 2019 Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS -None. 8. PUBLIC HEARINGS 8a. RESOLUTIONS REGARDING INTERSTATE AREA STREET AND UTILITY IMPROVEMENTS Public Works Director Doran Cote introduced this item. He stated the Interstate Area Street and Utility Improvements project requires both an improvement public hearing and an assessment public hearing. He noted a unanimous vote will be required due to the absence of Councilmember Lawrence-Anderson. Mr. Cote stated City Staff had not received any resident requests to appeal the special assessments. He added special assessments will be removed from the assessment role for further evaluation if an objection is raised. City Engineer Mike Albers stated the Interstate Area Street and Utility Improvements Project is a continuation of the City’s Capital Improvement Program, which was initiated in 1993. He 12/10/18 -7- added, to date, 92.5 miles or 88% of the City’s streets have been reconstructed, with 13.1 miles remaining, for a total cost of approximately$201 million Mr. Albers stated the proposed project includes improvements to sanitary sewer, street lights, and other amenities in this area. He added approximately 95% of the sanitary sewer system has root intrusion, and some pipe sections have cracks and sags. He noted replacement of the sanitary sewer system in this area is recommended, including private lines to the mains. Mr. Albers stated the proposed project also includes removal and replacement of storm structures and pipes, extension of sump catch basins, improved water quality treatment, rain gardens, and other improvements. He added new curb and gutter are proposed, with full depth pavement and aggregate base, as well as sidewalk improvements including pedestrian curb ramps at certain locations. Mr. Albers stated a new 6-foot wide concrete sidewalk is proposed as part of the project. He added the sidewalk would run along the north side of 62nd Avenue to Lyndale Avenue and would be maintained and plowed by the City. He noted City sidewalks are a proven appreciated asset, and encourage biking, walking and use of public transportation. Mr. Albers requested City Council feedback and comment on the proposed sidewalk. Mr. Albers stated driveways that are disturbed will be restored with a 5-foot concrete apron, and boulevards will be replaced with sod and topsoil. He added any trees that were removed will be replaced. He noted 11 free-standing street lights will be replaced with fiberglass poles and LED light fixtures. Mr. Albers stated residents in the project area will have access to their property every evening. He added other inconveniences, such as noise and dust, will be addressed during the project timeline. Mr. Albers stated there is a unique combination of funding sources for the project, including special assessments, sanitary sewer utility funds, water utility funds, storm drainage utility funds, street light utility funds, and street reconstruction funds. He reviewed the total assessment of $6010 per property with payment options. He noted the project will be under construction from April 2019 through Fall 2019. Mr. Albers stated City Staff recommends that the City Council conduct the required public hearings and authorize the proposed Interstate Area Street and Utility Improvements Project and certify special assessments. Councilmember Ryan requested clarification regarding the total cost of the proposed sidewalk at 62nd Avenue. Mr. Albers stated the sidewalk cost is projected at $55,000 to be funded from the 12/10/18 -8- Construction Fund. He added the project cost will not be reduced by much if the sidewalk is removed. Councilmember Graves moved and Councilmember Ryan seconded to open the Public Hearing at 7:22 p.m. Motion passed unanimously. Wendell Holm, 814 62nd Avenue N, stated he is opposed to the sidewalk on his property, as the slope in his front yard is steep. He added power poles and trees will have to be moved, and snow plows will push snow into his driveway. He noted he believes the sidewalk will cause many problems. Mayor Willson asked City Staff for clarification regarding power poles. Mr. Albers stated the existing power poles will not be moved from their existing location. Mike Baertschy, 520 62nd Avenue N, stated his property will also be impacted by the sidewalk. He asked how this will affect the width of the street. He added a 6-foot sidewalk seems excessive, especially since it leads to a dead-end at the freeway wall. He asked if there will be a sidewalk along Lyndale Avenue. Mayor Willson stated the streets will be 30-feet wide, with 30 feet of right-of-way. Mr. Albers stated the City Council adopted a 6-foot standard width for sidewalks in 2013, to provide more space for pedestrians and bicycles, and increase accessibility in compliance with the Americans with Disabilities Act (ADA). He added the proposed sidewalk will provide a connection to Lilac Drive N and Lyndale Avenue N. He noted a sidewalk on Lyndale Avenue is not part of the proposed project. Mr. Baertschy thanked City Staff for the very professional presentation. Barbara Ganz, 6139 Bryant Avenue N, stated she supports the sidewalk, as she sees many school-age children walking in the middle of her street on their way to school. She expressed concern for their safety. She added the sidewalk will be a feeder for students who walk along Dupont Avenue N to get to school. Ms. Ganz asked whether the City will be responsible for improving sewer lines from the street to property lines, and how many properties could be affected. She asked whether they might require additional mitigation after the project is complete, which would be an additional expense to residents. Mr. Willcox requested clarification from Mr. Albers. Mr. Albers stated the City replaces the utility line from the main to the property line, and if any roots or obstruction are noticed, the homeowner is notified. He added it is up to the individual homeowner if they wish to address 12/10/18 -9- any additional repair. He noted he will stay and talk to Ms. Ganz after the public Hearing to address her concerns. Blaine McCutcheon, 6131 Aldrich Avenue N, stated Aldrich Avenue has had curb and gutter replaced a few times and is in pretty good condition. He asked whether complete reconstruction is necessary when curbs are in good shape. He added he supports new LED light fixtures. He noted the neighborhood has noise and pollution from the surrounding freeways, and recently the neon lights from TopGolf have been visible from the neighborhood. Tom Sullivan, 6242 Lilac Drive N, stated he is concerned about the speed of traffic on Bryant Avenue N, and whether anything can be done at the 62nd Avenue N intersection to reduce traffic speeds. He asked whether he will be able to get his vehicles out of his driveway on the weekends. Mayor Willson stated the contractor will work with residents to ensure they have access to their driveways. Mr. Sullivan asked whether cameras will be used on every sewer line. Mayor Willson stated the lines will not be inspected past the right of way. Mr. Albers stated City Staff will look at utility lines as part of the pre-project evaluation process. Mr. Sullivan asked whether residents will be responsible for maintaining rain gardens. Mayor Willson confirmed this. Mr. Sullivan asked whether the contractor will replace sprinkler systems. Mr. Albers confirmed this. Mr. Sullivan asked whether trees will be replaced on his property along Lilac Drive N. Mayor Willson stated only trees that were removed as part of the project will be replaced. Ms. Ganz returned to the podium and asked whether the water main trenches will be dug to the same depth in all locations, and which streets will be done first, as she lives on a corner. Mayor Willcox stated a schedule has not been set. Mr. Albers stated a pre-construction meeting will be held with the neighborhood to review the construction process. Mr. McCutcheon returned to the podium, and stated his driveway is near the parking lot entrance to the Hmong Community Alliance Church. He asked whether sewers are replaced to support a higher level of use of sewer and water, and whether the area might be rezoned. Mayor Willson stated sewer and water capacity is based on the City’s Comprehensive Plan, and a high-density development is not planned for this residential neighborhood. Mr. McCutcheon asked whether the increased traffic from other ongoing highway projects, like Highway 252 and Highway 94, will affect this project. 12/10/18 -10- Mayor Willson stated the Minnesota Department of Transportation will be adding stop lights on Humboldt Avenue N, and signage directing vehicles to use Humboldt Avenue. Mr. McCutcheon asked whether commuter bike lanes on the streets are planned. Mayor Willson stated that is not part of the project plan. Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing at 7:53 p.m. Motion passed unanimously. Mr. Albers stated, regarding curb replacement, the grade along streets will be adjusted which impacts the majority of curb and gutter. He added it would not be practical to save all the curb and gutter. Mr. Albers stated, regarding traffic speed, no bump-outs are planned as part of this project, but the Traffic Speed Committee can evaluate these types of concerns. Councilmember Graves stated, regarding the proposed sidewalk, she believes the safety of children and pedestrians is important. She added, however, she is empathetic to things changing from what people are used to. She expressed concern that the sidewalk ends at a dead end. She re-iterated the importance of safety for students walking to school. Mayor Willson stated it will be more expensive and disruptive to add the sidewalk after the project is completed. He noted there is a City-wide policy to add sidewalks wherever possible to facilitate pedestrian traffic. He expressed his support of the sidewalk as proposed. RESOLUTION NO. 2018-211 ORDERING THE INTERSTATE AREA STREET STORM DRAINAGE AND UTILITY IMPROVEMENTS, AND AUTHORIZING PREPARATION OF PROJECT PLANS AND SPECIFICATIONS Councilmember Ryan moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2018-211 Ordering the Interstate Area Street Storm Drainage and Utility Improvements, and Authorizing Preparation of Project Plans and Specifications. Motion passed unanimously. RESOLUTION NO. 2018-212 CERTIFYING SPECIAL ASSESSMENTS FOR THE PROJECT TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Graves moved and Councilmember Ryan seconded to open the Public Hearing at 8:01 p.m. Motion passed unanimously. 12/10/18 -11- Mayor Willson stated residents who wish to contest the special assessment will be removed from the list and referred to City Staff for review based upon the resident’s complaint. Barbara Ganz, 6139 Bryant Avenue N, asked what interest rate would be if she chooses to defer payment of the special assessment, and whether it will affect the equity of her property. She added she is unsure of the impact of the deferment. Mayor Willson stated Ms. Ganz’ questions can be answered by City Staff. Mr. Boganey agreed to provide the interest rate. He added Ms. Ganz is not contesting the special assessment, but rather asking for clarification regarding deferment. He noted Ms. Ganz’ property can remain on the assessment roll. Blaine McCutcheon, 6131 Aldrich Avenue N, asked whether he can contest part of the assessment. He added he does not believe curbs and gutters on his street need to be replaced, as they are in good condition. Mayor Willcox stated the special assessment is for the whole street and not just a single property. He added Mr. McCutcheon can contest the special assessment. Mr. Boganey stated standard assessments are applied to each property. He asked whether Mr. McCutcheon is contesting the assessment. Mr. McCutcheon stated he is not contesting the assessment amount but rather an aspect of the project and removal of good infrastructure. Mr. Boganey stated the project was already approved by the City Council. Ken Lundgren, 5927 Bryant Avenue N, requested information on applying for a deferment plan. Mr. Boganey stated residents can call the Public Works Department (Tel: 763-569-3340) for further information regarding special assessment deferment. He added City Staff can also contact the resident with this information. Councilmember Ryan moved and Councilmember Butler seconded to close the Public Hearing at 8:13 p.m. Motion passed unanimously. Councilmember Ryan moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2018-212 Certifying Special Assessments for the Project to the Hennepin County Tax Rolls. Motion passed unanimously. 8b. RESOLUTION NO. 2018-213 AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF ITS CONDUIT MULTIFAMILY HOUSING REVENUE BONDS 12/10/18 -12- RELATING TO THE UNITY PLACE PROJECT; ADOPTING A HOUSING PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C; APPROVING THE FORMS AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND RELATED DOCUMENTS; PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES WITH RESPECT TO THE BONDS; AND GRANTING APPROVAL FOR CERTAIN OTHER ACTIONS WITH RESPECT THERETO Finance Director Nate Reinhardt introduced this item. He stated Unity Group has requested the issuance of conduit bonds for a re novation project at Unity Place, an existing 112-unit affordable rental townhomes development. He added the issuance of conduit debt does not affect the City’s credit rating. Dan Walsh, Community Housing Development Corporation (CHDC), 614 North 1st Street, Minneapolis, stated his organization has owned Unity Place since the early 1990s. He added he is coordinating the project re-finance and other related proposals. He noted the mission of is to sustain high-quality affordable homes and enhance affordable community development. Mr. Walsh stated conduit housing revenue bonds will allow the project to obtain Federal low- income housing tax credits. He reviewed proposed renovations to Unity Place: improved parking lot access, a new central courtyard and playground, replacement and addition of interior amenities; addition of gutters and downspouts; and landscape regrading. He added lighting, air conditioning units, washers, dryers and furnaces will be replaced with high-efficiency models. He noted a common community building is planned, that will house management offices, community gathering rooms, a fitness room, and smaller meeting room. Councilmember Ryan stressed the importance of explaining to the public that the bond issuance is not an obligation taken on by the City, but it is an obligation taken on by the Community Housing Development Corporation. Councilmember Graves asked whether trash and recycling is included with rental costs. Mr. Walsh confirmed this. He added the existing trash enclosures re in good condition and require very little upgrading. Councilmember Graves expressed concern that there will be enough trash receptacles throughout the property to reduce the amount of litter in open spaces and the nearby creek. Mr. Walsh agreed, adding there will be additional landscaping and signage, as well as a new trash enclosure near the proposed central building and courtyard. Mayor Willson asked whether Unity Place has considered organic recycling stations, which will soon be a State mandate. Mr. Walsh stated there is not currently a composting area on the site, but he agreed to look into it. 12/10/18 -13- Councilmember Graves asked if there will be a community garden. Mr. Walsh confirmed this, adding a series of raised planting beds are planned for the area to the northeast of the sports field, with access to water. Mr. Boganey stated it is anticipated that there will be enough funding over time to cover the improvements that are being proposed. Mr. Walsh agreed, adding a 20-year capital needs assessment is planned. Councilmember Ryan stated this is a Section 8 property. He asked whether rent assistance is linked to the unit or if there are thresholds. Mr. Walsh stated the maximum income of a resident will be 60% of the median income, when the project is complete. Mayor Willson stated there is a distinct shortage of affordable housing across the metropolitan area, and he is glad to see that this property will remain affordable. Councilmember Graves moved and Councilmember Ryan seconded to open the Public Hearing at 8:33 p.m. Motion passed unanimously. No one appeared to address this item. Councilmember Ryan moved and Councilmember Butler seconded to close the Public Hearing at 8:34 p.m. Motion passed unanimously. Councilmember Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2018-213 Authorizing the Issuance, Sale and Delivery of its Conduit Multifamily Housing Revenue Bonds Relating to the Unity Place Project; Adopting a Housing Program Pursuant to Minnesota Statutes, Chapter 462c; Approving the Forms and Authorizing the Execution and Delivery of the Bonds and Related Documents; Providing for the Security, Rights and Remedies with Respect to the Bonds; and Granting Approval for Certain Other Actions with Respect Thereto. Motion passed unanimously. 8c. RESOLUTIONS ADOPTING UTILITY RATES FOR 2019 Mr. Reinhardt stated a Public Hearing is required to adopt 2019 utility rates, which will take effect January 1, 2019. He added utility improvements rates are primarily driven by proposed utility infrastructure investments over next two years. Mr. Reinhardt reviewed the 2019 proposed rate changes for the utility funds, which have not increased in the past 9 years. 12/10/18 -14- Mr. Reinhard stated a proposed change is the inclusion of a water meter charge for new water meters only. He added there is no charge to the resident if the meter is defective. He noted an increase from $99 to $149 is proposed, which is still below the actual cost to the City of $230 per meter plus associated costs. Councilmember Graves expressed concern that a resident might be inadvertently charged twice for a water meter. Mr. Reinhardt stated a resident would only be charged for a new water meter. Councilmember Graves asked why utilities are so expensive in New Hope. Mr. Boganey stated he believes the City of New Hope purchases their water from the City of Minneapolis. Mr. Boganey stated, regarding water meter charges, City Staff has found it difficult to maintain the administrative process for keeping track water meter refunds. He added the proposed change will streamline this process. Councilmember Graves moved and Councilmember Butler seconded to open the Public Hearing at 8:50 p.m. Motion passed unanimously. No one appeared to address this item. Councilmember Ryan moved and Councilmember Butler seconded to close the Public Hearing at 8:51 p.m. Motion passed unanimously. RESOLUTION NO. 2018-214 ADOPTING 2019 WATER UTILITY RATES, FEES AND CHARGES Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2018-214 Adopting 2019 Water Utility Rates, Fees and Charges. Motion passed unanimously. RESOLUTION NO. 2018-215 ADOPTING 2019 SEWER UTILITY RATES, FEES AND CHARGES Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2018-215 Adopting 2019 Sewer Utility Rates, Fees and Charges. Motion passed unanimously. RESOLUTION NO. 2018-216 ADOPTING 2019 STORM SEWER UTILITY RATES, FEES AND CHARGES 12/10/18 -15- Councilmember Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2018-216 Adopting 2019 Storm Sewer Utility Rates, Fees and Charges. Motion passed unanimously. RESOLUTION NO. 2018-217 ADOPTING 2019 STREET LIGHT RATES, FEES AND CHARGES Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2018-217 Adopting 2019 Street Light Rates, Fees and Charges. Motion passed unanimously. RESOLUTION NO. 2018-218 ADOPTING 2019 RECYCLING RATES AND CHARGES Councilmember Butler moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2018-218 Adopting 2019 Recycling Rates and Charges. Motion passed unanimously. 8d. 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 Community Development Director Meg Beekman introduced this issue. She stated Brooklyn Center Community Schools is seeking a temporary location for students during a school construction project. She added this Ordinance amendment would create a new interim educational use component within the Commerce or Central Commerce Overlay District. She noted this is the second reading of the proposed Ordinance amendment. Mayor Willson clarified that this is not a blanket approval. Ms. Beekman agreed, adding the amendment creates a process through which individual allowances could be made. Councilmember Ryan moved and Councilmember Butler seconded to open the Public Hearing at 9:01 p.m. Motion passed unanimously. No one appeared to address this item. Councilmember Graves moved and Councilmember Butler seconded to close the Public Hearing at 9:02 p.m. 12/10/18 -16- Motion passed unanimously. Councilmember Ryan moved and Councilmember Graves seconded to approve second reading and adopt 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 and approve a summarized version of the ordinance for publication. Motion passed unanimously. Mayor Willson thanked City Staff for their excellent work and flexibility in working with the community to find creative solutions that benefit its residents. 8e. LIQUOR LICENSE VIOLATION – JAMMIN’ WINGS Mayor Willson asked whether the owner was in attendance. Hearing no response, Mayor Willson indicated the public hearing would not be held this evening. He noted at this time, the City Council can deliberate or consider a motion to approve the liquor license for Jammin’ Wings. Councilmember Graves moved and Councilmember Butler seconded to approve the renewal for Jammin’ Wings’ Intoxicating Liquor License and Sunday Sales Liquor License. Motion passed unanimously. Mayor Willson sated there will be a public hearing for a license violation at a future date, possibly the next City Council meeting. Councilmember Ryan stated the property owner has an outstanding fine due to compliance check failure. He asked whether the City Council could re-examine issuance of the liquor license if they are not satisfied with resolution of the compliance failure. Mr. Gilchrist stated renewal of the liquor license does not address or relieve the property owner from the outstanding penalty due to a second violation, or the potential action on that violation that will be considered at the next meeting. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. APPROVE THE RENEWAL FOR JAMMIN’ WINGS INTOXICATING LIQUOR LICENSE AND SUNDAY SALES LIQUOR LICENSE Mayor Willson noted this item was acted upon during consideration of Agenda Item 8e. 12/10/18 -17- 10b. ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CITY CODE REGARDING HOSPITALITY ACCOMMODATIONS Police Chief Tim Gannon stated the proposed Ordinance amendment is an attempt to reduce the number of police calls for service and level of crime at local hotels. He reviewed requested and implemented changes to the existing ordinance, including a change from the use of “transient” to “hospitality”. He added an enhanced point system is proposed to track service calls. Police Chief Gannon stated City Staff recommends City Council approval of the first reading of the Ordinance amendment, and to schedule the public hearing and second reading on January 14, 2019. Councilmember Graves requested clarification regarding City Staff who will be responsible for maintaining hotel contact information. Mr. Boganey stated the City Clerk oversees the current licensing program. Police Chief Gannon stressed the importance of maintaining contact information for hotel management and hierarchy, but not for each employee. Councilmember Graves asked whether hotels may perceive a loss of revenue if customers are required to have a credit or debit card to reserve a room. Police Chief Gannon stated the issue is alleviation of anonymity, and most hotels require a credit card or security deposit to hold a reservation. He added City Staff will send a notice to local hotels and schedule meetings to review the new Ordinance. Councilmember Ryan moved and Councilmember Graves seconded to approve the first reading of Ordinance Amending Chapter 23 of the Brooklyn Center City Code Regarding Hospitality Accommodations, and to schedule the public hearing and second reading for January 14, 2019. Motion passed unanimously. 10c. ORDINANCE AMENDING CHAPTER 12 OF THE CITY CODE OF ORDINANCES REGARDING TENANT PROTECTIONS Ms. Beekman introduced this issue. She requested the City Council’s consideration of the first reading of the Tenant Protection Ordinance, which will create new legally binding housing and protect tenants who live in affordable housing, as well as put policies in place to address preservation of naturally occurring affordable housing. Ms. Beekman stated the tenant protection Ordinance is designed to mitigate displacement of renters. She noted, under the proposed Ordinance, a landlord must provide cause for non- renewal within 90 days, and landlords are limited as to what causes they can use to non-renew tenants. 12/10/18 -18- Ms. Beekman stated, under the proposed Ordinance amendment, rental property owners will be required to notify tenants within 30 days of purchase if they intend to make changes to the lease. She added they must wait 90 days before changes can be made. She noted this effectively freezes the terms of the lease for three months, allowing renters time to relocate if they need to. Ms. Beekman stated this Ordinance amendment would be administered by the City’s existing rental licensing program and landlord/tenant disputes would be dealt with through Housing Court. She added an existing property owner who plans to sell their property may choose to vacate the building prior to sale or make changes to a lease prior to sale, and these things would not be covered by the Ordinance. She noted several metropolitan cities have adopted this type of Ordinance but have not yet needed to take action to enforce it. Councilmember Graves moved and Councilmember Butler seconded to approve the first reading of Ordinance Amending Chapter 12 of the City Code of Ordinances Regarding Tenant Protections, and to schedule the public hearing and second reading for January 14, 2019. Mayor Willson stated he supports the Ordinance amendment but expressed trepidation that there is no historical data to support it. He added the proposed Ordinance amendment addresses a problem that does not currently exist. He noted the City has historically enacted Ordinance amendments only when an issue that is affecting the community needs to be corrected. Councilmember Ryan stated good public policy is a matter of experimentation. He added the proposed Ordinance amendment will protect moderate to low-income renters from potential changes to properties that may affect them. He added it may become a deterrent for investors and potential development, but the issue can be reviewed if that occurs. Councilmember Graves stated she sees the Ordinance amendment as a preventative measure. She asked for clarification regarding the Housing Commission’s recommendations regarding percentages, and potential consequences. She expressed confidence in the ability of City Staff to provide a preventative solution while preserving investment in Brooklyn Center. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • November 29, 2018 – attended League of Minnesota Cities and Metro Cities Joint Annual Meeting in Golden Valley • December 2, 2018 – attended and volunteered at Brooklyn Center Lions’ Holly Sunday festivities at the Civic Center • December 3, 2018 – met with City Manager Curt Boganey 12/10/18 -19- • December 4, 2018 – attended Business Champions for Youth luncheon at Edinburgh USA, featuring BrookLynk, an organization that assists the community’s young people in finding jobs and internships • December 5, 2018, participated in 2020 U.S. Census forum and discussion. • December 11, 2018 – will attend Highway 252 Improvements Open House at 5:30 p.m. at Evergreen Park Elementary School, 7020 Dupont Avenue N Councilmember Graves reported on her attendance at the following events: • November 27, 2018 – attended Think Again Brooklyns event at Brooklyn Park City Hall: “Keeping People with Disabilities in their Homes with their Families” • November 30, 2018 – attended football banquet at Concordia College, St. Paul, related to her work regarding consent issues • December 4-6, 2018 – attended training for National Incident Management System (NIMS) • December 8, 2018 – attended Women Winning panel on getting started as a candidate Councilmember Butler stated she has been on vacation for the past few weeks. She added her son attended Holly Sunday with his grandparents, and they loved it. She thanked Brooklyn Center City Staff for the successful event. Mayor Willson reported on his attendance at the following events: • November 27, 2018 – attended Rotary Club lunch • November 29, 2018 – attended Blue Line Corridor Management Committee Meeting. • December 3, 2018 – attended City Council Special Meeting and Budget Approval • December 4, 2018 - Rotary lunch at the Rise • December 6, 2018 – unable to attend the Dangerous Dog Hearing Councilmember Ryan expressed his appreciation to Mayor Willson for twelve years of excellent service to the City of Brooklyn Center. He added the accomplishments of the City Council are due in part to Mayor Willcox’s dedication and leadership. He thanked Mayor Willcox for his service and wished him well in his retirement. He noted he hopes Mayor Willcox will consider an appointment to a City Commission. Councilmember Graves added her well wishes and thanks, adding it has been a pleasure to serve with Mayor Willson for the past four years. Mr. Boganey stated the City Council’s first Regular Meeting in January 2019 will include a Resolution of Recognition to Mayor Willson for his accomplishments and years of service. Mr. Boganey stated many positive changes have happened in Brooklyn Center over the past few years, and Mayor Willson’s leadership, as well as the hard work of the Councilmembers, has resulted in achievements and accomplishments. He commended Mayor Willcox, adding he can be proud of his work as the Mayor of Brooklyn Center for the past twelve years.