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HomeMy WebLinkAbout2019 11-12 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 NOVEMBER 12, 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, Community Development Director Meg Beekman, City Clerk Barb Suciu, City Attorney Troy Gilchrist, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Mayor Mike Elliott opened the meeting for the purpose of the Informal Open Forum. Diane Sannes, 7006 Willow Lane, expressed concerns about blight and darkness at Shingle Creek Crossing. She added multiple streetlights do not have bulbs or are not working. She noted she does not shop at Shingle Creek Crossing because it is too dark. She asked who she can work with on City Staff to address this issue and ensure that the streetlights are corrected. Ms. Sannes stated this is an important issue related to neighborhood engagement, which is a goal of the City Council. She invited the City Council to join her and other residents every last Saturday of the month, clearing trash and debris at the Metro Transit Center. Mayor Elliott stated the City should take action on blight and lack of lighting at Shingle Creels Crossing. He added it is a highly visible area of Brooklyn Center. He expressed the importance of improving the look and the safety of Shingle Creek Crossing. City Manager Curt Boganey agreed to look into these issues and report back to the City Council. He added these issues fall under the Planned Unit Development requirements and approval. Young Cheng Yang and Khe Mee Yang stated they came to the City Council last year and asked the City to enact Tobacco 21 legislation. They thanked the City Council for supporting that initiative and creating a healthier community. 11/12/19 -1- Ms. Young Cheng Yang stated they visited the State Capitol to speak with representatives, as well as Hennepin County Commissioners, to ask for support for Tobacco 21. She added they are requesting that Brooklyn Center stop the sale of tobacco at their two municipal liquor stores by January 2020. She noted this would send a strong message that the revenue from tobacco sales is less important than the long-term cost of tobacco use. Ms. Khe Mee Yang stated studies show that smoking costs Minnesotans $593 annually per person. She urged the City Council to consider banning the sale of tobacco products at the City's two liquor stores. She added it makes no sense to profit from a product that will cost more money in the long run and is harmful to residents. Mayor Elliott thanked the two women for their presentation. He added their dedication to this issue is apparent in the time and effort they have spent talking to elected officials. He noted he learned from their presentation, which clearly articulated the current and future impacts of smoking on the community. Councilmember Lawrence -Anderson stated she was on the City Council in 2014 when the tobacco ordinance was completely re -written to restrict youth tobacco use, which was the strictest tobacco ordinance in the State of Minnesota. She added she supports the two women and their efforts. She noted the City Council could consider how to pursue the next step. Mayor Elliott agreed, adding he supports moving away from selling tobacco in the liquor stores. Mr. Boganey stated City Staff could put together a report outlining advantages and disadvantages related to tobacco sales at the liquor stores. He added the City Council could decide whether to had additional discussion at a Work Session. Mayor Elliott requested that the Yangs be kept aware of the City's progress on this issue. He thanked them again for the great work they are doing. Leng Xiong, 5025 65"' Avenue, stated he would like to discuss small businesses in Brooklyn Center. He played an audio clip from a conversation he had with a small business owner. He added he goes to the Transit Station and has many audio files from talking to small business owners. He noted the business owner said he is required to sell tobacco products in packs instead of singles, which is an unfair regulation that hurts small businesses. He urged the City Council to help the small business community. Mayor Elliott asked City Staff to follow up on Mr. Xiong's comments. He stated the City Council often discusses the importance of small businesses and providing infrastructure for small businesses to be successful. He thanked Mr. Xiong for his comments and his passion on this issue. 11/12/19 -2- Mr. Boganey stated Mr. Xiong would be contacted by a member of City Staff to obtain additional comments and ideas and to share what the City is doing to promote and stimulate small business growth. Councilmember Graves moved, and Councilmember Ryan seconded to close the Informal Open Forum at 7:05 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Graves gave an Invocation in honor of Veterans Day, which was celebrated on November 11, 2019. She stressed the importance of addressing the complexity of war and peace, and to honor those that sign up to serve our country and potentially offer the ultimate sacrifice. She offered two quotes for reflection: "The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive the Veterans of earlier wars were treated and appreciated by their nation." -President George Washington "It's about how we treat our veterans every single day of the year. It's about malting sure they have the care they need and the benefits that they deserve. It's about serving all of you as well as you've served the United States of America." -President Barack Obama 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott at 7:07 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, Community Development Director Meg Beekman, City Clerk Barb Suciu, 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 11/12/19 -3- Councilmember Lawrence -Anderson moved, and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Work Session minutes of October 28, 2019, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. September 16, 2019 — City Council/Financial Commission 2. October 28, 2019 — Study Session 3. October 28, 2019 — Regular Session 4. October 28, 2019 — Work Session 6b. LICENSES MECHANICAL Walter Mechanical, Inc. 517 W. Travelers Trail Burnsville MN 55337 Midland Heating & Air Conditioning 4804 Park Glen St Louis Park MN 55416 True North HVAC 20142 Twin Parkway NW Nowthen MN 55330 Sunburst Heating & Air Conditioning 1556 Oakways Wayzata MN 55357 SIGN HANGER LICENSE A -Sign and Screen Printing 708 Lowry Avenue N Minneapolis MN 55411 RENTAL INITIAL (TYPE IV— one-year license) 5347-5349 Penn Avenue N Yassin Noor RENEWAL (TYPE IV— one-year license) 2006 55th Avenue N Mathias Bingaman (Missing Mitigation Plan) 5321 Colfax Avenue N Teodoro Llerena-Cooke RENEWAL (TYPE III— one-year license) 5408 Girard Avenue N Michaele Gardiner 6749 Humboldt Avenue N Patrick Nguyen RENEWAL (TYPE Il— two year license) 1510 69th Avenue N Marsha Ann Darnell (Met Plan) RENEWAL (TYPE I — three-year license) 1312 72nd Avenue N Curtis Cady 11/12/19 -4- 6c. RESOLUTION NO. 2019-151 ACCEPTING PUBLIC IMPROVEMENTS FOR CONTINUAL MAINTENANCE FOR CAMDEN AVENUE NORTH 6d. RESOLUTION NO. 2019-152 ESTABLISHING INTEREST RATE FOR 2020 SPECIAL ASSESSMENTS 6e. RESOLUTION NO. 2019-153 DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2020-01 AND 02, GRANDVIEW NORTH AREA STREET AND STORM DRAINAGE IMPROVEMENTS 6f. RESOLUTION NO. 2019-154 AUTHORIZING AN AMENDMENT/ RENEWAL TO A SITE LEASE AGREEMENT WITH VERIZON WIRELESS (VAW) LLC 6g. RESOLUTION NO. 2019-155 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2018-01, 02, 03 AND 04, FIREHOUSE PARK AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS 6h. RESOLUTION NO. 2019-156 ESTABLISHING 2020 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES 6i. RESOLUTION NO. 2019-157 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES AT CERTAIN PROPERTY AT 4000 AND 4001 72ND AVENUE N, BROOKLYN CENTER, MINNESOTA Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PRESIDENTIAL NOMINATION PRIMARY City Clerk Barb Suciu reviewed the 2020 election schedule, which includes Presidential Nomination Primary (PNP), to be held on March 3, 2020. She added two City Council seats would be open, for which the filing period is May 19 -June 2, 2020. She noted the primary election would be held August 11, 2020 and Presidential General Election on November 3, 2020, with absentee voting from September 18 —November 2, 2020. Ms. Suciu stated the last PNP election was held on April 7, 1992, with 2,301 voters participating in Brooklyn Center. She added voters would be asked to vote for a presidential candidate that they wish to nominate as their party's candidate in the November 2020 State general election. 11/12/19 -5- She noted there would be a large impact on the City's budget as many departments help with the election. Ms. Suciu stated an emergency weather plan would need to be in place in case there is snow. She added City Staff are working with School District officials to ensure that polling location parking lots and entrances are plowed out first. Ms. Suciu stated voters would be required to declare a political party when they vote in the PNP, which is private data. She added voters would be given a ballot based on the party they choose. She noted this is a new process, and City Staff is working on increasing voter education and awareness through social media, community engagement, the City website, and a CCX cable tv clip. Ms. Suciu stated early voting would be available by mail or in person at City Hall, and health care facilities will have direct balloting seven days before Election Day. She added there are two new precincts for 2020, and both will be voting in Constitution Hall in the Community Center. Councilmember Lawrence -Anderson asked what the budget impact will be. Ms. Suciu stated an election could cost between $40,000-60,000. Mayor Elliott asked how voters in the two new precincts will be notified about their polling place. Ms. Suciu stated a postcard would be sent out by Hennepin County, and signs will be placed at the old polling place, redirecting voters to the Community Center. Mayor Elliott stated additional signage at other building entrances would be helpful. He added some voters have indicated they went to a polling location and thought it was closed, but they went to the wrong door. He noted some residents might be new to the community or new voters. Ms. Suciu agreed that additional sandwich board signage could be placed at building entrances, that will direct voters to the correct location. Councilmember Graves requested clarification regarding the PNP election process, and why it is being used again. Ms. Suciu stated the 2016 caucuses were not manageable in terms of voter turnout, so State legislation was enacted to put the PNP election in place for 2020. Councilmember Ryan requested that Ms. Suciu forward the PowerPoint presentation to the Councilmembers, as there it contains valuable dates and information. Ms. Suciu agreed. Councilmember Graves stated she is concerned about how voters will have to declare their party and receive a ballot based on their declaration. She added she is not familiar with this process, and the types of outcomes that could result from it. 11/12/19 -6- Ms. Suciu stated the Minnesota Caucus had been the process up until now, and the Caucus did not register at the national level. She added the PNP would allow Minnesotans to have more of a voice about picking a candidate for the national ballot in November 2020. She noted election judges would receive special training, and the voter data will remain private. Councilmember Graves asked whether information about who will be on the ballot will be available before the PNP election so voters can educate themselves. Ms. Suciu stated the State's four political parties' deadline for declaring the candidates that will be on their ballot by December 24, 2019. She added City Staff could do a weekly update once the sample ballots are received. She noted all four parties might not participate. Councilmember Lawrence -Anderson stated it is helpful to have the ballots on display at the polling places so voters can view them before they go in to vote. Mayor Elliott asked how voter intimidation at the polls is handled. Ms. Suciu stated election judges are trained with regards to polling place regulations. She added there were no issues in 2018. Mayor Elliott asked whether there is a dedicated phone line that voters can contact if they have difficulty voting. Ms. Suciu stated City Staff could take complaints by phone at City Hall. 8. PUBLIC HEARINGS 8a. RESOLUTION NO. 2019-158 AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF ITS CONDUIT MULTIFAMILY HOUSING REVENUE BONDS RELATING TO THE REE XERXES AVENUE WORKFORCE HOUSING PROJECT; ADOPTING AN AMENDED HOUSING PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C; APPROVING THE FORMS OF 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 Community Development Director Meg Beekman reviewed a resolution related Conduit Multi - Family Housing Revenue Bonds for the workforce and senior housing development project at 5801 Xerxes Avenue North. The workforce housing project will move forward as planned, with senior housing components to be reviewed for approval at a later date. The project is being financed through the City's conduit debt funds, which requires a public hearing. The request includes a Joint Powers Agreement (JPA) with the City of Rochester for up to $7.8 million of recycled bonding authority. The conduit debt does not constitute a lien or encumbrance against the City or any impact on the City's credit rating. Ms. Beekman stated City Staff recommends City Council approval of the resolution. 11/12/19 -7- Mayor Elliott asked about rental rates for the development. Ian Schwickert, Development Associate representing Real Estate Equities (REE), reviewed rents: $1,047/month for 1 -bedroom apartments; $1,150 for 2 -bedroom apartments; and $1,450 for 3 -bedroom apartments. He stated these rents apply for both the workforce and senior housing components of the development. He added REE plans to close on the senior component in February or March 2020. He noted the rent rates can be adjusted, but only decreased as rents are capped. Mr. Schwickert stated REE would build the development to market rate standards. He added all the units would be available at affordable rental rates, which is the reason for the requested conduit financing. Mayor Elliott asked why REE would pursue this type of development instead of focusing on market -rate apartments. Mr. Schwickert stated this type of housing is a safer and better investment for the City and the developer in the long run, as there is an ongoing and increasing need for affordable housing everywhere. He added the workforce portion of the development on December 17, 2019. He noted the construction 15 -month timeline would begin in December 2019 with an anticipated end of construction in February or March of 2021. Councilmember Ryan asked how the affordable rents compare with average rents across the metro area. Mr. Schwickert stated the rents are considerably lower than market rate standards. He added a market study conducted by REE shows 22-25% savings over area market -rate apartments. He noted the transit center is a major component of the location of this development. Mr. Schwickert stated rents have increased by 5-7% annually in Hennepin County over the past five years. He added that it is a big monthly financial burden for renters. He noted the Department of Housing and Urban Development (HUD) takes its calculations from area median incomes. Mr. Schwickert stated leases would be set in 2021 when the development is projected to be complete. He added numbers would be based upon 2018 rents. He noted this type of development is a good investment, as projected rents and incomes will go up based on inflation. Mr. Schwickert stated rents would be calculated at 60% of the Area Median Income (AMI), but compliance factors are also taken into consideration. He added rental applications are reviewed thoroughly through a lengthy process including credit and background checks. He noted this would be a beautifully designed project, and work has begun on a public art component by Jack Becker, the City's public art consultant. Mayor Elliott asked whether there are concerns regarding run-off. Ms. Beekman stated the developer had received a stormwater grant from the Metropolitan Council that will include infiltration. 11/12/19 -8- Councilmember Graves moved, and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Leng Xiong,5025 65" Avenue, stated he canvassed residents at the transit station, with a median age of 32.7 years, asking people if they knew about this development. He added he talked to 30 people, and no one knew about it. He asked whether the City is using social media for outreach. He noted it is important to reach out to millennials and communicate openly with them. Mr. Xiong asked whether residents would have to pay triple rent if they do not qualify for affordable housing. Mr. Schwickert stated residents must meet the 60% AMI requirement, or they will not be able to rent an apartment at this development. Mr. Xiong stated Brooklyn Center should focus on homes and not apartments. He added many people who work in Brooklyn Center do not live here. He noted people need to be educated to start spending money in Brooklyn Center. Councilmember Ryan moved, and Councilmember Lawrence -Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved, and Councilmember Lawrence -Anderson seconded to adopt RESOLUTION NO. 2019-158 Authorizing the Issuance, Sale and Delivery of its Conduit Multi - Family Housing Revenue Bonds Relating to the REE Xerxes Avenue Workforce Housing Project; Adopting an Amended Housing Program Pursuant to Minnesota Statutes, Chapter 462c; Approving the Forms of 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. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10A. ORDINANCE NO. 2019-13 AMENDING CHAPTER 11 OF THE CITY CODE OF ORDINANCES REGARDING LIQUOR AND LIQUOR LICENSING - 1ST READING City Clerk Barb Suciu reviewed the first reading of an Ordinance amending Chapter 11 of the City Code related to 2:00 a.m. optional liquor license, and to set the second reading and public hearing for December 9, 2019. 11/12/19 -9- Ms. Suciu Stated the City Council reviewed an amendment to reinstate 2:00 a.m. liquor license on August 26, 2019. She added the City Council requested additional information including the optional license process in neighboring cities, input fiom the Police Chief, and how to address any issues that would arise fiom this amendment. She noted it was the majority consensus of the City Council to move forward with the proposed amendment. Ms. Suciu stated the City Council tools action on October 14, 2019, to amend language related to removal of display of liquor. She added tonight's proposed ordinance amendments had been reviewed by current license holders, and the comments were positive. She noted City Staff recommends City Council approval of the 1St reading regarding liquor and liquor licensing and setting the public hearing for December 19, 2019. Councilmember Ryan stated he was skeptical about the 2:00 a.m. optional liquor license, but he is ready to support it on the recommendation of the Police Chief, and with the assurance that it is not expected to have a negative impact on public safety. Councilmember Ryan moved, and Councilmember Lawrence -Anderson seconded to approve First Reading of ORDINANCE NO. 2019-13 Amending Chapter 11 of the City Code of Ordinances Regarding Liquor and Liquor Licensing. Motion passed unanimously. 11. COUNCIL REPORT The City Council agreed to forego Council Reports in the interest of time. 12. ADJOURNMENT Councilmember Lawrence -Anderson moved, and Councilmember Graves seconded adjournment of the City Council meeting at 8:14 p.m. Motion passed unanimously. 11/12/19 -10- 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 November 12, 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 25 2019, Regular Session. Barbara Suciu, City Clerk _ m Mike Elliott, Mayor