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HomeMy WebLinkAbout2019 10-28 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 OCTOBER 28, 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, and Dan Ryan. Councilmember Kris Lawrence -Anderson was absent and excused. 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, Community Development Director Meg Beekman, Deputy Director of Community Development Jesse Anderson, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. Mayor Mike Elliott opened the meeting for Informal Open Forum. Diane Sannes, 7006 Willow Lane, reminded residents in the Anoka -Hennepin School District that there is a School Board election on Tuesday, November 5, 2019. Ms. Sannes stated the Shingle Creek Crossing area has been looking better over the summer. She added she hopes all the monument signs can be turned on. She noted the monument sign by HOM Furniture is not connected to electric. She requested that City Staff reach out to Mid- America to get some power to the monument signs. Jude Nadi, a resident of Brooklyn Center, stated he applied for an opening on the Zoning Task Force in July 2019 after receiving an invitation to do so. He added he never heard back, although he has heard the Task Force has been chosen. He noted the City should communicate with residents who want to participate in Commissions and Task Forces. Tim Haroldson, 1207 72nd Avenue N, stated the new Casey's General Store is open for business and looks awesome, and will do well at its new location. He thanked the City Council for their hard work and efforts. Elizabeth Kenney, a volunteer with CEAP, 7051 Brooklyn Boulevard, stated she delivers Meals on Wheels in Brooklyn Center, and there are areas of the City that are not plowed or shoveled, 10/28/19 -1- which makes delivery difficult. She noted the areas that are the most difficult are 49th Avenue N to Bass Lake Road and east to Brooklyn Boulevard. Mayor Elliott stated he appreciates receiving these types of comments, although he has not heard this comment before. He added he had received feedback on plowing in Brooklyn Center, and it has always been very positive, and the streets are always expeditiously cleared of snow. He requested that City Staff follow up on Ms. Kenney's comments. Councilmember Ryan moved, and Councilmember Butler seconded to close the Informal Open Forum at 6:53 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Graves gave an Invocation in commemoration of National Domestic Awareness Month (October 2019). For many, home is a place filled with love, warmth, and comfort; but for millions, home is anything but a sanctuary. According to the United States Department of Justice, 1.3 million women and 835,000 men are victims of physical violence by a partner every year. Many people in abusive relationships stay with their partner for several reasons and often feel that they cannot leave. Tonight's meeting attendees include recipients of the Random Acts of Kindness Award, a special way to remember good people who are doing good things every day. She shared a quote from the Dalai Lama: `Be kind whenever possible. It is always possible." 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott at 7:00 p.m. 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, Director of Fiscal & Support Services Nate Reinhardt, Director of Public Works Doran Cote, Community Development Director Meg Beekman, Deputy Director of Community Development Jesse Anderson, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA 10/28/19 -2- Councilmember Butler moved, and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as submitted, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. September 16, 2019, City Council/Financial Commission Joint 2. October 14, 2019, Study Session 3. October 14, 2019, Regular Session 4. October 14, 2019, Work Session 6b. LICENSES GASOLINE LICENSE AM PM Corner Market Inc Two Rivers Investment Inc MECHANICAL LICENSE BWS Heating & Air Conditioning McChesney Heating & Air St Paul Plumbing & Heating (MSP Plumbing, Heating, & Air) 6501 Humboldt Avenue N Brooklyn Center, MN 6840 Humboldt Avenue N Brooklyn Center, MN 7251 Washington Avenue S Edina MN 55439 8201 175th Avenue SE Becker MN 55308 640 Grand Avenue St. Paul MN 55105 MOTOR VEHICLE DEALERSHIP LICENSE Metro Brookdale LLC 4435 68th Avenue N dba Luther Brookdale Mazda Mitsubishi Brooklyn Center MN SIGNHANGER LICENSE Electric Sign & Lighting Inc 11328 Zane Avenue N Brooklyn Center MN Taurus Signs 17900 280th Street Shafer MN 55074 TEMPORARY LIQUOR LICENSE The Loppet Foundation December 13, 2019 RENTAL INITIAL (TYPE II — two-year license) 5325 Newton Avenue N 5912 Xerxes Avenue N 10/28/19 -3- 4811 Dusharme Drive Brooklyn Center MN Sesan Ogunniran Jesse MacDonald/Mauzy Properties RENEWAL (TYPE IV — one year license) 5025 Drew Avenue N Ryan Schmidt / Ryan Partners 6337 Bryant Avenue N My Truong / Park Avenue Homes RENEWAL (TYPE II — two-year license) 410161 st Avenue N Ling Xiong - Met Action Plan 6005 Admiral Place Dan Soffia 5825 Colfax Avenue N Brahana Tsegaye Met Mitigation Plan 5719 Halifax Avenue N Paul Zheng / 5719 Halifax Avenue LLC 6c. RESOLUTION NO. 2019-140 CERTIFYING SPECIAL ASSESSMENTS FOR EMERGENCY PRIVATE UTILITY SERVICE REPAIRS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS 6d. RESOLUTION NO. 2019-141 SETTING 2020 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES 6e. RESOLUTION NO. 2019-142 SUPPORTING A GRANT APPLICATION TO THE HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND (ERF) BY HYDE DEVELOPMENT 6f. RESOLUTION NO. 2019-143 IDENTIFYING THE NEED FOR BROWNFIELD GAP FINANCING PROGRAM FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS 6g. SETTING A PUBLIC HEARING ON PROPOSED UTILITY RATES FOR 2020 6h. RESOLUTION NO. 2019-144 APPROVING AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP, INC FOR THE BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 1, IMPROVEMENT PROJECT NO. 2018-05 Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING OCTOBER 28, 2019 TO BE DESIGNATED AS RANDOM ACTS OF KINDNESS DAY AND DISTRIBUTION OF CERTIFICATES Mayor Elliott read a Proclamation in full declaring October 28, 2019, as Random Acts of Kindness Day in the City of Brooklyn Center. Councilmember Ryan moved, and Councilmember Butler seconded to adopt a Proclamation 10/28/19 4- Declaring October 28, 2019 to be Designated as Random Acts of Kindness Day Motion passed unanimously. Councilmember Ryan stated Daisy Barton was nominated by Paige Myers. Ms. Barton, who works at CEAP as a Senior Manager, has helped many people and selflessly cares for the elderly within the community, connecting them to the resources they need. Councilmember Graves stated Chris, Jen, and Tim Haroldson were nominated by Kathleen Stoner. The Haroldsons cleared snow from Ms. Stoner's driveway and as well as another neighbor's driveway. The Haroldsons also hosted National Night Out and invited other neighboring blocks to join them. Councilmember Butler stated Jennifer Nagel and her sons were nominated by a Friends of Brooklyn Center member. Ms. Nagel and her sons, Jace and Max, shoveled out seven fire hydrants during a snowstorm in the winter of 2019. Councilmember Ryan stated Diane and Darryl Sannes were nominated by Allan Hancock. Diane and Darryl Sannes have picked up over 180,000 bagels from a local Brooklyn Center bakery that would normally be discarded at the end of the day and delivered them to schools, the Police Department, the Fire Department, and Public Works staff. Councilmember Graves stated Joan Schonning was nominated by Darnell Hancock. Ms. Schonning volunteers at ARC Village and has a treasure swap in her home, where women in her neighborhood can bring clothing and items to trade. She initiated an ice cream social for neighbors and City officials at a local park. She plans potlucks and other neighborhood events to encourage community engagement. Councilmember Butler stated Shirley Farmer -Olson was nominated by Sophie Ball. Ms. Farmer - Olson volunteers at CEAP and works in the Meals on Wheels kitchen. She goes above and beyond to ensure that other volunteers have a great experience. Councilmember Ryan stated Betsy Kenney was nominated by Sophie Ball. Ms. Kenney volunteers as a Meals on Wheels driver, completing many routes per week. She is dedicated to serving the community and is an asset to the Meals on Wheels team. Councilmember Graves stated Jack MacMillan was nominated by Sophie Ball. Mr. MacMillan volunteers at LEAP, and he is a dedicated and willing volunteer. He also serves on the Brooklyn Center Planning Commission. Councilmember Butler stated Judith Nelson was nominated by Sophie Ball. Ms. Nelson is an integral part of the CEAP team, filling many roles, and is always ready to help. She comes in early to schedule rides and does a great job training other volunteers. 10/28/19 -5- Councilmember Ryan stated Debbie Beck was nominated by Diane Sannes. Ms. Beck founded a Book Buggie to bring free books to children at community events. In the first year, she brought 20,000 books to over 11,000 children and 60 partners. Ms. Beck stressed the importance of partnering with the City to get books to children and improve childhood literacy, to reduce the literacy gap. Councilmember Graves stated Allan and Darnell Hancock were nominated by Diane Sannes. The Hancocks spend the last Saturday of each month cleaning trash around the Brooklyn Center Transit Center. They are dedicated to keeping Brooklyn Center clean. Councilmember Butler stated Tia Martinson was nominated by Diane Sannes. Ms. Martinson organized a Free Bikes for Kids Annual Bike Drive last fall that was held in Brooklyn Center. Many volunteers and hundreds of kids came to Brooklyn Center for this event. Ms. Martinson stated the bike drive is being planned again this year in cooperation with the Women's Liberian Organization, New Millennium Academy, and Brooklyn United Methodist Church. She added she is committed to getting bikes to kids who don't own a bike and helmet, so they can have access to more places and broaden their opportunities. Councilmember Ryan stated Earl Simons of the Brooklyn Center Lions Club was nominated by Diane Sannes. Mr. Simons attends the first day of school at Evergreen Park Elementary School to welcome students to a new school year. He is seen throughout the community in his yellow Lions vest, welcoming people to Brooklyn Center. Mayor Elliott congratulated all the recipients of the Random Acts of Kindness Award. 7b. PROCLAMATION FOR NATHAN REINHARDT Mayor Elliott read a Proclamation in full for Nathan Reinhardt, Director of Fiscal & Support Services. Mr. Reinhardt thanked the City Staff and the City Council. He stated it had been a great experience working in Brooklyn Center, and the community has by far been the most welcoming of communities in which he has worked. He added much had been accomplished during his six years in Brooklyn Center. He thanked City Manager Curt Boganey for his guidance, adding he is the best City Manager he has ever worked for. Mayor Elliott thanked Mr. Reinhardt for his hard work and willingness to provide support and information whenever asked. Mr. Boganey stated Mr. Reinhardt had been an extraordinary Finance Director and he will be greatly missed. 10/28/19 -6- Councilmember Butler moved, and Councilmember Graves seconded to adopt a Proclamation for Nathan Reinhardt, Director of Fiscal & Support Services. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. RESOLUTION NO. 2019-145 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2020-01, 02, 03 AND 04, GRANDVIEW NORTH AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS. City Engineer Mike Albers reviewed the roadways, storm drainage and utility improvements for the Grandview North area. The City Council received a feasibility report and called for a public hearing on the improvements, to be held this evening. All prospective property owners have been notified of the hearing and the special assessments. An informational meeting was held on September 5, 2019 for special assessments based on State statute procedures. Mr. Albers stated the City's utilities were installed between 1960-1963, and water main installed in 1968. Storm sewer and pipes are proposed to be removed, and additional mitigation measures such as rain gardens will be considered. Replacement of 5 freestanding light poles is required. A sidewalk gap from Lilac Drive to Lyndale Avenue is proposed for construction, and a six-foot trail is recommended in keeping with the City's pedestrian and cycling walkability plan. Mr. Albers stated the proposed project would be funded through several sources. Special assessments of $888,000 are planned, with a mix of R-1 through R-6 properties to be assessed as part of the project. The City's assessment rates have not been adopted for 2020 but are proposed to be a 2% increase over 2019, for a total assessment of $6,130 per single-family property. Mr. Albers stated 2020 assessment rates would be established on November 12, with an assessment hearing and certification of assessment roll on December 9. Plans would be approved in January for spring construction and project completion by October 2020. City Staff recommends the public hearing be held and comments considered before adoption of the proposed Resolution. Mayor Elliott asked what procurement process was used for this project. Mr. Cote stated plans would be ordered after this evening's meeting to move forward with the assessment portion in December. Mayor Elliott asked how contracts are awarded to contractors, whether the City receives any information about applicants, and how they are notified about projects. 10/28/19 -7- Mr. Cote stated a public bid is awarded to the lowest bidder. City Attorney Gilchrist stated a project of this size is required to go through a well -guarded State bid reward process that is regulated by state statute. The City is required to review all bids and award to the most responsible bidder. Mr. Cote stated bids are advertised in the City newspaper as well as on Quest CDM, a web -based application used by most contractors to access City projects and plans. Mayor Elliott asked how the lowest responsible bidder is determined and whether there are guidelines that can be reviewed. Mr. Gilchrist stated a new State law had added a set of criteria that a contractor must meet to qualify, but there is also a long history of case law about this process. He added, as a practical matter, the City must go with the lowest bidder. He noted the bid process is scrutinized by City Staff, and they contact his office if legal questions or issues arise. Mayor Elliott stated these types of projects are fairly significant. He asked whether there are opportunities to award smaller portions of large projects to companies who may not have the capacity to take on a big project. Mr. Cote stated the City has not split up a project of this size. Mayor Elliott stated the City Council had identified a goal of encouraging and supporting local businesses. He added one way might be to provide access to these types of projects, including the Highway 252 project, combining efforts as a City to provide skills training and opportunities for employment for residents. Mr. Cote stated Mayor Elliott brings up good points, and City Staff can review how these ideas could work for the City's projects. He added the 252 project is ongoing, and ways to bring that project in line with local City projects could be reviewed. Councilmember Graves moved, and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Jude Nattey, a resident and contractor, stated he has bid on projects in other cities and at the State level. He added there are varying requirements for the number of minority contractors who can bid on these projects. Mayor Elliott stated he would like to explore the City's bidding process and review models that have been successfully implemented by other cities and to encourage stipulations for accepting certain number of bids from minority and women -owned businesses. 10/28/19 -8- Mr. Boganey stated projects of this magnitude do not happen regularly, and State law regulates how much control Cities have over the process. He added this is something that should be investigated, although he knows of other cities that have similar requirements. Mayor Elliott stated he would like to see more information on this issue before the RFP goes out on the current project, so City Staff can determine whether it is feasible to add bid requirements for minority, women -owned, and local businesses. He added he believes this is critical for the community. Mr. Gilchrist stated, concerning local businesses, the City cannot legally discriminate based on where a business is located. He added State law requires that the lowest responsible bidder is chosen. Councilmember Ryan stated he supports providing business opportunities for residents, but the City is very close to completing the streets replacement process several which began 27 years ago. He added the cost of projects had risen faster than the cost of living by a significant margin and increasing the cost of special assessments by delaying the project will fall heavily on the City's residents. Councilmember Graves stated she would like to learn more about providing contract project opportunities at the local level. She added this must be reviewed carefully to avoid extra costs, although she understands the opportunities this could provide. She noted Brooklyn Center is a smaller city, but this type of requirement could be feasible. Mayor Elliott stated projects awarded to local contractors could be a vehicle to accomplish some of the City Council's goals of economic stability and increased income for the City's residents. He added he would like to see additional information. Mr. Nadi stated there are many jobs that local residents can do, and encouraging contractors to hire minorities would not increase project costs. He added the contract could state that contractors can look elsewhere if they cannot find local workers. He noted this is a good way for residents to participate in the economy and the work of the City. Mr. Nadi stated there are funding sources and entities that provide incentives for Cities to hire local contractors. He added any minority contractor that is qualified should be given bidding opportunities, which would, in turn, encourage local contractors to engage competent people. Mr. Boganey stated research has shown that provisions for local spending often have significant investment return, in terms of supporting local businesses and growing the local economy. He added more review is needed, but answers will not be available in time for this specific contract. Councilmember Ryan stated he is open to these ideas. He added City Staff could bring forward recommendations for implementing this type of plan in future projects, but the 30 -year street 10/28/19 -9- utility project should remain on track as delay could potentially have the undesired effect of increased costs to homeowners via special assessments. Mayor Elliott stated this could be an opportunity to provide significant benefits to the community. He added it would be foolhardy not to look at this closely and attempt to capture those benefits. Councilmember Ryan stated the roads improvement project would continue to be ongoing, and in the future, these goals can be accomplished. He added, with this current project, it is important to keep things on track. An audience member stated she had been a resident of Brooklyn Center for about a year. She added this would be an ongoing issue. She noted it is a great idea to hire local contractors who will hire local workers and have community ownership of projects. Mayor Elliott stated he would like to see some analysis and review regarding how many jobs could be created, how it would be structured, and what would the economic impact be. Mr. Boganey agreed to follow up. Councilmember Graves moved, and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves moved, and Councilmember Butler seconded to adopt RESOLUTION NO. 2019-145 Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2020-01, 02, 03 and 04, Grandview North Area Street, Storm Drainage and Utility Improvements. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTIONS FOR PROPOSED SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS, TALL GRASS AND WEED ABATEMENT COSTS, DEAD AND DISEASED TREE ABATEMENT COSTS AND ADMINISTRATIVE FINES/CITATIONS Deputy Director of Community Development Jesse Anderson reviewed proposed special assessments abatement costs presented for review and approval by the City Council. 10/28/19 -10- Mr. Anderson stated four special assessments appeals were received at the City Council's last meeting, which was subsequently continued to this meeting for the City Council's review. Mr. Anderson reviewed the four appeals: 6004 Girard Avenue N, whose owner was issued multiple citations for renting the property without license. The owner did not apply for a new license, and no one showed up for the inspection. Citations were issued. City Staff feels fees are valid and should be specially assessed. Mr. Anderson stated the second appeal is for 2801 63rd Avenue N, and five citations were received by the previous owner. City Staff recommends that the fees be upheld, and the property - be specially assessed. Mr. Anderson stated the third and fourth appeals are for 5301 Russell Avenue N, which was changed after the license was issued, and 7231 Morgan Avenue N. He added the assessments are provided for the City Council's review. Councilmember Graves asked whether it is typical to assess so soon after a previous assessment. She added, in this case, it was only two weeks. Mr. Anderson confirmed this. Councilmember Ryan asked whether City staff explained the requirements to the property owner at 63rd Avenue. Mr. Anderson confirmed this. Councilmember Graves asked why the fees went up to $3,500 if the cap is generally $2,000. Mr. Anderson stated that is a cumulative fee. Councilmember Ryan moved, and Councilmember Butler seconded to adopt RESOLUTION NO. 2019-146 Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Property Tax Rolls. Motion passed unanimously. Councilmember Ryan moved, and Councilmember Butler seconded to adopt RESOLUTION NO. 2019-147 Certifying Special Assessments for Administrative Citations to the Hennepin County Property Tax Rolls. Motion passed unanimously. Councilmember Graves moved, and Councilmember Ryan seconded to adopt RESOLUTION NO. 2019-148 Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Property Tax Rolls. Motion passed unanimously. 10/28/19 -11- Councilmember Butler moved, and Councilmember Ryan seconded to adopt RESOLUTION NO. 2019-149 Certifying Special Assessments for Weed Removal Costs to the Hennepin County Property Tax Rolls. Motion passed unanimously. Councilmember Butler moved, and Councilmember Ryan NO. 2019-150 Certifying Special Assessments for 6842 Abatement Costs to the Hennepin County Property Tax Rolls, Motion passed unanimously. 11. COUNCIL REPORT seconded to adopt RESOLUTION West River Road N Nuisance The City Council agreed to forego the Council Report in the interests of time. 12. ADJOURNMENT Councilmember Graves moved, and Councilmember Ryan seconded adjournment of the City Council meeting at 9:00 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 October 28, 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 November 12, 2019, Regular Session. Barbara Suciu, City Clerk 10/28/19 -12- / J Mike Elliott, Mayor