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Home My WebLink About2019 09-09 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 SEPTEMBER 9, 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 and Councilmembers Marquita Butler, April Graves, Kris Lawrence - Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Fiscal & Support Services Nate Reinhardt, Director of Public Works Doran Cote, Business and Workforce Development Coordinator Brett Angell, Police Chief Tim Gannon, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Mayor Mike Elliott opened the meeting for Informal Open Forum. Harlan Daudt, 6000 York Avenue, stated he has lived in Brooklyn Center for 40 years and was a Minneapolis city bus driver for 37 years. He expressed concern that the proposed apartments in Brooklyn Center would become run down and then have to be remodeled. He added he does not support putting more apartments in Brooklyn Center. He noted the City wants to be vibrant and attractive, but what is needed is more retail stores. He asked whether there are any plans for a big store. Mr. Daudt stated he lives near the transit center, and on summer nights there are people at the transit center and a lot of trash and garbage, despite "no littering" signs. Councilmember Graves asked whether Mr. Daudt believes that the people at the transit center live in apartments in Brooklyn Center. Mr. Daudt stated he does not know. Mr. Daudt stated he would like to see single-family homes in the Overlay District, that are affordable, that families can own. Councilmember Lawrence -Anderson stated she hopes Mr. Daudt will attend the Opportunity Site development review meeting on September 19, 2019, at the library. Mr. Daudt stated he attended 3 of the workshops. 09/09/19 4- Reverend Richard Zeck, Pastor at Brooklyn United Methodist Church, expressed his support of the autistic community in Brooklyn Center after the recent shooting involving an autistic person. He added he is a parent of an autistic child. He noted the incident had caused fear in the local autistic community. Pastor Zeck stated he has been in contact with Police Chief Tim Gannon regarding police response to potential mental health crises. He added Chief Gannon has been very helpful and accommodating. He urged the City Council to consider ways to help officers by providing mental health education and resources, including a vitals app that provides valuable information about autistic individuals to police officers. He noted families of people with autism and police officers should work together to recognize and understand autism. Pastor Zeck stated he has also received return phone calls from the City Manager and Mayor of Brooklyn Center. Councilmember Ryan thanked Pastor Zeck for educating and informing the City Council. He added the City of Brooklyn Center is dedicated to ensuring the safety of people with autism. City Manager Curt Boganey thanked Pastor Zeck for coming to the meeting and addressing the City Council on this issue. He asked whether there are statistics regarding the size of Brooklyn Center's autistic community. Pastor Zeck stated there are at least 15 autistic students at each school in Brooklyn Center. Mr. Boganey stated City Staff is investigating the potential use of the vitals app. Mayor Elliott agreed, adding the vitals app has a training component that comes with it. Councilmember Butler stated an autism center recently was approved by the City Council. She asked whether they are involved in this discussion. She thanked Pastor Zeck for providing information and educating the City Council. Mr. Boganey confirmed that the autism center is open. Councilmember Graves moved, and Councilmember Ryan seconded to close the Informal Open Forum at 7:06 p.m. Motion passed unanimously. 2. INVOCATION Mayor Elliott gave an invocation related to a tragic incident on August 31, 2019, that took the life of Kobe Edgar Dimock-Heisler, a Brooklyn Center resident. He expressed the sincere sadness felt by the entire community at Kobe's death, as well as support and sympathy for Kobe's family and friends. Mayor Elliott stated the City is committed to ensuring a complete and thorough investigation by Minnesota Department of Justice Bureau of Criminal Apprehension (BCA) investigation. He added the four police officers that were involved are on standard administrative leave. 09/09/19 -2- Mayor Elliott stated he attended Kobe's funeral with Councilmember Ryan, which was held in Minneapolis. He added it was a beautiful event attended by many Brooklyn Center residents. He noted City Staff and the City Council would continue to update the community and move forward, staying connected with Kobe's family and friends. Mayor Elliott stated the City Council holds Kobe's family and friends, as well as the officers involved, ensuring a space for the community to come together as one in grief and sympathy. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott at 7:10 p.m. 4. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence - Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Fiscal & Support Services Nate Reinhardt, Director of Public Works Doran Cote, Business and Workforce Development Coordinator Brett Angell, Police Chief Tim Gannon, Deputy Director of Building and Community Standards Jesse Anderson, 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, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. August 26, 2019 — Study Session 2. August 26, 2019 — Regular Session 3. August 26, 2019 — Work Session 6b. LICENSES MECHANICAL Airtech Thermax Larson Plumbing, Inc. Murray Plumbing 4918 W. 35d' Street St. Louis Park MN 55416 3095 162"d Lane NW Andover MN 55304 18120 Zane St NW Elk River 55330 09/09/19 -3- RightMark LLC SIGN HANGERS LICENSE Boo Doo Signs 2534 Eastwood Ave SE Buffalo MN 55313 29021 Feldspar St NW Princeton 5537 RENTAL INITIAL (TYPE IV — one-year license) 6029 Bryant Avenue N Stephen Yeboah 4207 Lakeside Avenue #234 Cynthia Patrick RENEWAL (TYPE IV— one-year license) 3601 47th Avenue N Halverson & Blaiser Group LTD Ryan Creek Manor (met mitigation plan) 6614 Bryant Avenue N Yi Kin/Khai Hong Lim Properties 5432 Dupont Avenue N Xiangming Guan 5025 Ewing Avenue N Julie Kazmierkoski 6812 Zenith Avenue N Elizabeth Parades Rosario (did not meet Mitigation plan missing OPTED) RENEWAL (TYPE III — one year license) 531362 nd Avenue N Chao Vang & Doua Vang 2824 67th Lane Molly Collins Stuhr (did not meet mitigation 1308 68th Lane N 5550 France Avenue N 5618 Hillview Road 7243 Riverdale Road Plan missing CPTED) Wagner Properties Rentals LLC — (did not Meet mitigation plan missing CPTED) Belinda Gonzalez Nita Morlock I112 Property RENEWAL (TYPE II — two-year license) 2841 67th Lane Brooke Berner 6018 Admiral Place Lutheran Social Services of MN 5707 Emerson Avenue N Lois Frost/The Recovery Home 2325 Ericon Drive Ross Herman RENEWAL (TYPE I — three-year license) 6331 Indiana Avenue N IH2 Property (met mitigation plan) 4201 Lakeside Avenue #215 Donna Kabanuk 3318 Mumford Road William W. Coleman 5655 Northport Drive Cindy & Raymond Scherbing 5842 Washburn Avenue N Daniel Pryde 09/09/19 -4- 6c. RESOLUTION NO. 2019-115 APPROVING CHANGE ORDER NOS. 9-18, IMPROVEMENT PROJECT NO. 2018-05, BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 1 6d. RESOLUTION NO. 2019-116 AMENDING THE CITY OF BROOKLYN CENTER FEE SCHEDULE RELATING TO LIQUOR LICENSE VIOLATIONS Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION ACKNOWLEDGING SERVICE OF SERGEANT CORRINE BECKER (TABLED) Before the meeting, this item was removed from the agenda and added to the City Council's next Regular Meeting Agenda. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2019-08 AMENDING CHAPTER 7 SECTION 7.10 OF CITY CHARTER Deputy City Manager Reggie Edwards reviewed an Ordinance amendment related to the types of methods of payment that can be used for City transactions. He added the Ordinance currently refers to "checks." City Staff is requesting that definition be broadened since there are many other methods of payment that are used. He requested that "checks" be replaced with "disbursement or payment." He noted that the resolution in the packet is incorrect and provided amended copies for the City Council's review. Councilmember Butler moved, and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. No one appeared to address this item. Councilmember Graves moved, and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. City Attorney Troy Gilchrist stated as a reminder, an Ordinance amending the City Charter requires a unanimous City Council vote. Councilmember Ryan moved, and Councilmember Butler seconded to adopt ORDINANCE NO. 2019-08 Amending Chapter 7 Section 7.10 of the Brooklyn Center City Charter. 09/09/19 -5- Motion passed unanimously. Councilmember Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2019-118 Allowing for a Summary Publication of Ordinance No. 2019-08. Motion passed unanimously. 8b. RESOLUTION NO. 2019-118 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS Finance Director Nate Reinhardt reviewed Special Assessments for delinquent public utility payments, for which a Public Hearing is required. He stated a letter is sent to residents who have not paid their utility bill, notifying them that the account is past due, and the amount will be certified against property taxes if not paid. He added no formal appeals had been made to City Staff related to current Special Assessments. He noted City Staff would review individual cases and present a report for the City Council's review. Councilmember Graves moved, and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. No one appeared to address this item. Councilmember Graves moved, and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves asked whether the percentage of delinquent accounts is consistent with other cities. Mr. Reinhardt stated Brooklyn Center certifies approximately 7% annually, which is a little higher than most cities. Councilmember Graves asked whether there has been a further discussion related to thresholds. Mr. Reinhardt stated the City's current policy is to certify anything over $30, and there has been discussion about making changes to that policy. He added the plan is to wait until after this process is complete and then raise the household threshold to $150 and pushing the action to the end of the year. Councilmember Butler moved, and Councilmember Lawrence -Anderson seconded to adopt RESOLUTION NO. 2019-118 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Property Tax Rolls. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS -None. 09/09/19 -6- 10. COUNCIL CONSIDERATION ITEMS 10a. ORDINANCE NO. 2019-10 AMENDING CHAPTER 12 OF THE CITY CODE ADOPTING THE INTERNATIONAL PROPERTY MAINTENANCE CODE Deputy Community Development Director Jesse Anderson reviewed a proposed Ordinance amendment adopting the International Property Maintenance Code (IPMC). He added this issue was reviewed by the Housing Commission, who have recommended City Council approval. He noted the City of Brooklyn Center currently uses an in-house, self -written policy, and the IPMC, adopted by many other cities, is a uniform standardized code for maintenance. Mr. Anderson stated some sections in Chapter 12 would be replaced with IPMC sections, but no changes are proposed to what is currently being enforced. He added City Staff recommends City Council approval of the 1St Reading of Amendments to Chapter 12, adopting the International Property Maintenance Code (IPMC), and setting a date for the second reading and public hearing. Mayor Elliott asked whether there are any concerns about using the IPMC. Mr. Anderson stated there are no changes to what is currently used, except to provide more specific and thorough language regarding what can be enforced. Mr. Boganey stated adoption of the IPMC makes enforcement easier as the language is more detailed and leaves less room for misinterpretation. He added Brooklyn Center was one of the first metro area cities to adopt its Property Maintenance Code, which was very forward -thinking. Mayor Elliott asked whether Section 4, Unsafe Structures and Equipment, would apply to a single- family home. Mr. Anderson stated that section is related to accessory buildings that have not been approved for occupancy. He added, for an owner -occupied home, the Code is not restrictive in terms of occupancy. Leo Polowski stated he had been a resident of Brooklyn Center since 1953. He asked whether the IPMC is used world-wide since it is called the "International" code. Mr. Anderson stated the Code is written to be adopted worldwide, but individual municipalities can adopt it. He added the International Code Council, who publishes the document, is an agency, and the Code is not an international code. Councilmember Graves moved, and Councilmember Ryan seconded to adopt ORDINANCE NO. 2019-10 Amending Chapter 12 of the City Code Adopting the International Property Maintenance Code and Setting a Public Hearing and Second Reading for October 14, 2019. Motion passed unanimously. Mr. Gilchrist stated the City Clerk has indicated that the certain section numbers are duplicated and will be amended. 09/09/19 -7- Councilmember Lawrence -Anderson requested the resident's name and address for the record. Mr. Polowski stated he lives at 7136 Logan Avenue N. 10b. ORDINANCE NO. 2019-11 AMENDING CHAPTER 11 OF CITY CODE OF ORDINANCE RELATED TO LIQUOR PENALTIES Mr. Edwards reviewed an Ordinance amending Chapter 11 of the City Code related to liquor penalties. He added the amendment, drafted by the City Attorney, establishes a uniform method of imposing penalties for sales of liquor to people under 21 years of age. He noted the Ordinance amendment permits the fee schedule to be applied. Councilmember Graves moved, and Councilmember Lawrence -Anderson seconded to adopt ORDINANCE NO. 2019-11 Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Penalties and Approve the First Reading and set the Second Reading and Public Hearing for October 14, 2019. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • August 29, 2019 — attended an Opportunity Site Planning Session involving the Planning Commission, City Council, volunteer organizations and the developer • September 4, 2019 — Joint City Council/Finance Commission Budget Work Session • September 7, 2019 — participated 3rd session of City Council retreat • September 8, 2019 — attended memorial service for Kobe Heisler. He added his thoughts and prayers go out to Kobe's family. • September 9, 2019 — meeting with Metro Cities regarding legislative policies related to general government, local government, and transportation • September 11, 2019 — will attend a Metro Cities meeting regarding economic development and housing Councilmember Lawrence -Anderson reported on her attendance at the following and provided information on the following upcoming events: • August 29, 2019 — attended an Opportunity Site Planning Session involving the Planning Commission, City Council, volunteer organizations and the developer • September 7, 2019 — participated in 3rd session of City Council retreat • September 9, 2019 — meeting with Senator Chris Eaton regarding an upcoming legislative bill related to eye and tissue donation • September 19, 2019 — will attend Opportunity Site meeting at the library at 6:00 p.m. with the developer to get citizen input and comments Councilmember Lawrence -Anderson stated she might not be able to attend the next City Council meeting due to a family medical situation in Alaska. 09/09/19 -8- Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • Last week of August 2019 — attended a series of events with Representative Ilhan Omar hosted by the Minneapolis Urban League, including a panel discussion regarding ICE; a panel discussion related to black businesses and black entrepreneurship; a tour of the Hennepin County Juvenile Detention Center; and a panel discussion on juvenile diversion. Members of the Congressional Black Caucus were in town that week. She stated the rate of incarcerated youth had decreased significantly, but there are still disparities. She added she appreciated the diversity of the subject matter and the emphasis on access to arts and ways of expression. • August 31, 2019 — attended Keith Ellison's annual barbecue at Minnehaha Falls • September 4, 2019 — Joint City Council/Finance Commission Budget Work Session • September 5-6, 2019 — attended Kente Circle Training Institute's "Embracing Racial Consciousness" conference at Earle Brown Heritage Center. Panelists included local elected officials, including Minneapolis City Councilmember Andrea Jenkins and Hennepin County Commissioner Angela Conley. • September 7, 2019 — participated in 3`d session of City Council retreat Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: • September 4, 2019 — Joint City Council/Finance Commission Budget Work Session • September 6, 2019 — met with a resident, Mr. Parker, regarding an idea that he would like to present to the City Council • September 7, 2019 — participated in 3`d session of City Council retreat Mayor Elliott reported on his attendance at the following and provided information on the following upcoming events: • August 10, 2019 — attended Evo Fest. • Ongoing — attendance at Highway 252 community meetings, as well as meetings on the Blue Line Light Rail • September 8, 2019 — attended memorial service for Kobe Heisler 12. ADJOURNMENT Councilmember Graves moved, and Councilmember Ryan seconded adjournment of the City Council meeting at 8:08 p.m. Motion passed unanimously. 09/09/19 -9- 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 September 9, 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 September 23, 2019, Regular Session. Naaw6wj�' Barbara Suciu, City Clerk 09/09/19 -10- Mike Elliott, Mayor