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HomeMy WebLinkAbout2020 01-27 CCM Regular SessionMINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 27, 2020 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Mike Elliott at 6:45 p.m. MZ�7iI1[N_�IIII Mayor Mike Elliott and Councilmembers April Graves and Dan Ryan. Councilmembers Marquita Butler and Kris Lawrence -Anderson were absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Community Development Director Meg Beekman, Director of Public Works Doran Cote, Deputy Director of Building and Community Standards Jesse Anderson, City Cleric Barb Suciu, and City Attorney Troy Gilchrist. Mayor Elliott opened the meeting for Informal Open Forum. A resident, Dwayne, stated he and his wife have concerns about the condition of local businesses and that their parking lots full of trash. He added they believe it should be enforced that businesses clean up their storefront areas and their parking lots. He noted he and his wife do their shopping in Maple Grove. Dwayne expressed concern about kids hanging out at the transit center, which is an unsafe situation. He added he understands that the police do the best they can with the resources they have, and he thanked the Police Department for their hard work and efforts. Mr. Boganey asked that Dwayne and his wife leave their contact information so that City Staff can follow up with them, get specific details, and provide updates and information. He thanked Dwayne for coming forward with his comments. Mayor Elliott stated this issue is of great concern and a high priority for the City Council. He added the City Council and City Staff respond to citizens who come and express their concerns and will respond to Dwayne and his wife directly. Mayor Elliott stated there is a group of residents who spend one Saturday morning each month doing clean-up around the transit center. He added the group meets at 8:00 a.m. and spends the 01 /27/20 4 - morning picking up trash and cleaning up the area. He noted plans are underway for improvements at the transit center. Mike Howe, representing Mound Cemetery Association, thanked City Staff and City Manager Boganey for the hard work and efforts in working with the Association on a plan for the future of the Cemetery property. He added he wanted to ensure that they are recognized formally. Councilmember Ryan moved, and Councilmember Graves seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Graves read an excerpt from the book Darin Greatly by Dr. Brene Brown as an invocation. "Scarcity thrives in a culture where everyone is hyperaware of lack. Everything from safety and love to money and resources feels restricted or lacking. We spend inordinate amounts of time calculating how much we have, want, and don't have, and how much everyone else has, needs, and wants." 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 April Graves and Dan Ryan. Councilmembers Marquita Butler and Kris Lawrence -Anderson were absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Community Development Director Meg Beekman, Deputy Director of Building and Community Standards 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 Councilmember Graves moved, and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 01 /27/20 -2- 1. January 13, 2020, Study Session 2. January 13, 2020, Regular Session 3. January 13, 2020, Work Session 6b. LICENSES INTOXICATING LIQUOR AND SUNDAY SALES Bayou Crab Shack SIGN HANGERS LICENSE Mathey Sign 1360 Shingle Creek Crossing Brooklyn Center, MN 831 Coon Rapids Blvd NW Coon Rapids 55433 INITIAL (TYPE III — one-year license) 3401-3413 47th Ave N BMW/Halverson Group M Waltman INITIAL (TYPE II— two-year license) 1113 73rd Ave N Mary Carroll 4911 Brooklyn Blvd Eugene Bryskin 5800 Girard Ave N Cassia & Todd Bardal 5701 James Ave N 6319 Scott Ave N Jagdeep Arora Adegbola Ongudipe RENEWAL (TYPE IV — one-year license) 6614 Bryant Ave N Yi Lin / Khai Hong Lim Properties 1112 Emerson Lane 4746 Lakeview Ave 7025 Logan Ave N 6101 Xerxes Ave N - did not meet the mitigation plan, missing CPTED follow up Mark Ronea / Bodhi Tree — did not meet the mitigation plan, missing CPTED follow up Sara Meltzer Fatou Jallow/Summitt Properties - Met Mitigation Plan Govan Singh - Met Mitigation Plan RENEWAL (TYPE III — one-year license) 2100 55th Ave N Cindy & Raymond Scherbing 5321 71st Cir Pramod Khakural - Met Mitigation Plan 6936 Unity Ave N 7021 Unity Ave N Paul Johnson NJERI Enterprises RENEWAL (TYPE II — two-year license) 7112 France Ave N Rachel & Patrick Higgins 01/27/20 -3- 6406 Indiana Ave N William Coleman 5900 Washburn Ave N Lance Nordia 4714 Wingard LA Hee Yoon Kim - Met Mitigation Plan RENEWAL (TYPE I — three-year license) 5524 Dupont Ave N Nicholas Manthey 6353 Halifax Dr Charles Anderson 5842 York Ave N Melissa Hood - Met Mitigation Plan 6c. RESOLUTION NO. 2020-017 REMOVING THE FEE FOR A PUBLIC DANCE LICENSE, ESTABLISHING A FEE FOR AN ENTERTAINMENT LICENSE, AND UPDATE THE 2020 FEE SCHEDULE 6d. RESOLUTION NO. 2020-018 APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, MINNEAPOLIS NORTHWEST CONVENTION & VISITORS BUREAU, NORTH METRO MAYORS ASSOCIATION, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION, PETS UNDER POLICE SECURITY, AND TWIN LAKE JOINT POWERS ORGANIZATION 6e. RESOLUTION NO. 2020-019 APPOINTING ELECTION JUDGES FOR THE 2020 PRESIDENTIAL NOMINATION PRIMARY 6f. PAY EQUITY COMPLIANCE REPORT 2019 6g. RESOLUTION NO. 2020-020 AMENDING THE 2020 FEE SCHEDULE FOR PLANNING INSPECTION FEES FOR ELECTRICAL PERMITS 6h. RESOLUTION NO. 2020-021 AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF BROOKLYN CENTER AND THE MOUND CEMETERY ASSOCIATION OF BROOKL,YN CENTER Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RENTAL LICENSING PROGRAM YEAR-END REVIEW Community Development Deputy Director/HRA Specialist Jesse Anderson reviewed the recently updated Rental Licensing Program, which went into effect on December 1, 2018. He added program modifications consisted of removing ARM meeting requirements and monthly meeting requirements. He said an inspector consultation for repeat Type 4 licenses was added, and the 01 /27/20 -4- Ordinance modified to allow mitigation plans to be approved by City Staff. He noted the number of permitted violations per license type was increased by one for single and two-family dwellings. Mr. Anderson stated there had not been a significant change in the number of Type 4 licenses, but there was an increase in Type 1 licenses, which resulted in a decrease in Type 2 and Type 3 licenses. He added an increase in ARM meeting participation was noted, as well as an increase in the productivity of the meetings and a positive attitude of attendees. He said inspection consultations had been a positive change and renters appreciate the opportunity to prepare for inspections. City Staff plans to add the consultation date to the approved mitigation plan, so it is recommended earlier in the process. Mr. Anderson stated City Staff noted that 86% of Type 4 licenses were improving on their inspections each time they occurred. He added, at the same time, only 44% were still repeating their Type 4 license. He noted this indicates that Type 4 rental properties were doing better, but fewer properties are repeating Type 4 licensing. Mr. Anderson stated the following conclusions can be drawn from the data that was collected: a high rate of improvement on Type 4 rental properties; 90% of properties are doing better on their first inspection while decreasing the number of properties repeating Type 4 licensing; ARM meetings are more engaging; a reduction in the number of extended repeat Type 4 licenses; and an overall improvement in the program. Councilmember Graves thanked Mr. Anderson for his report. She stated she has been anxious to see the results of the rental licensing program changes. She added it is evident that rental properties feel like they are moving forward and being rewarded. She noted a positive development is the more productive use of the ARM meetings, and the increase in the positivity of attendees. Councilmember Graves stated she would like to see something in the mitigation plans to accommodate tenant feedback. She added that it is an important way of assessing available rental housing. Mr. Anderson agreed to look into that possibility. He added City Staff encourages rental inspectors to engage with tenants during inspections. Councilmember Ryan thanked Mr. Anderson for his report, and his hard work. He added the adjustments are important and help make the inspection process less administratively onerous. He noted the overall objective is to ensure a better rental product for our residents, and that renters can enjoy a better rental experience. Councilmember Graves moved, and Councilmember Ryan seconded to adopt the Rental Licensing Program Year -End Review. Motion passed unanimously. O1/27/20 -5- 8. PUBLIC HEARINGS -None. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2020-022 APPOINTING CITY COUNCIL MEMBERS TO SERVE AS LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY REPRESENTATIVESNOTING DELEGATES FOR OTHER ORGANIZATIONS FOR 2020 Councilmember Graves moved, and Councilmember Ryan seconded to adopt RESOLUTION NO. 2020-XX Appointing City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives/Voting Delegates for Other Organizations for 2020. Motion passed unanimously. 10b. ORDINANCE 2020-03 AMENDING CHAPTER 12 OF THE CITY CODE OF ORDINANCES REGARDING ACCESS TO MULTI -UNIT HOUSING STRUCTURES BY THE UNITED STATES CENSUS BUREAU EMPLOYEES -1ST READING Assistant City Manager Reggie Edwards reviewed a proposed Ordinance amending Chapter 12 of the City Code to allow access to multi -unit housing structures for United States Census Bureau employees. He added this would be the first reading of this Ordinance amendment, and the second reading would be held on February 24, 2020. He noted the Census count begins on April 1, 2020, so there is some time sensitivity with this approval. Dr. Edwards stated there are populations within Brooklyn Center that have historically been under- counted and have a greater propensity to not be counted moving forward. He added it is estimated that 7,156 Brooklyn Center residents or 23% of the population will not self respond to the initial Census request. He noted the effort going forward is to engage that 23% as much as possible, as the City receives 28,000 in federal funding for every person counted. He stressed the importance of counting all residents for political representation, community empowerment, and a sense of ownership and pride. Dr. Edwards stated the proposed ordinance amendment would allow local government to give Census workers access to multi -unit properties, and Brooklyn Park and other jurisdictions have already started this process. He noted the Ordinance amendment would prohibit denial of access 01/27/20 -6- of a Census worker to any multi -unit apartment. He stressed the importance of attempting to ensure that all residents are counted. Dr. Edwards stated, in terms of exceptions, Census workers do not have the right to access people's homes, and access can be denied if a resident has health issues. He added apartment owners might limit the number of times a Census worker can visit, or request notification before being allowed to enter. Dr. Edwards stated City Staff would seek out rental property owners through ARM meetings to get feedback and comment about the proposed Ordinance amendment and provide information. He added City staff recommends approval of the first reading of the Ordinance and schedule the second reading on February 24, 2020. Councilmember Graves thanked Dr. Edwards for his presentation. She added she fully supports the Ordinance amendment. She noted she attended the Brooklyn Census meeting, which was well attended, and Dr. Edwards covered all the issues raised at that meeting. She asked how Census workers will contact property owners and whether they receive the contact information to let them know they are coming. Councilmember Ryan stated he also supports the Ordinance amendment, which is important as it can be challenging to get into multi -family apartments. He added the State of Minnesota historically sends more money to the federal government through income tax and other taxes than it receives back in federal aid. He noted it is incumbent upon the City Council to pass this Ordinance and attempt to count all residents of Brooklyn Center and support Census activity. Mayor Elliott stated he supports the Ordinance amendment, which will help increase the count for Brooklyn Center. He asked whether a building owner could limit the number of times a Census worker can enter their property. He added Census workers should have full continuous access and not be denied unless there is a good cause. City Attorney Troy Gilchrist stated the Ordinance amendment reflects sample language provided by the State of Minnesota, which refers to limiting visits to a reasonable number of Census employees. He added the Ordinance amendment could require that a written explanation of and the basis for denial. Mr. Boganey explained the benefit of making access upon request is that the City does not assume that the property owner or manager has read the Ordinance and would know that it is necessary to put a denial in writing. Mayor Elliott asked whether a time requirement could be added for providing written request that makes sense. Mr. Gilchrist stated a time limit is not overly burdensome but should be related to the building and not the individual unit. 01/27/20 -7- Councilmember Ryan asked whether federal law mandates that Census workers are allowed to enter a building. Mr. Gilchrist confirmed this, adding the Ordinance amendment creates an enforcement duty for the City that should be considered. Councilmember Ryan stated he supports the modification, with the expectation that the person objecting to access is speaking on behalf of building management. Mr. Gilchrist agreed, adding the modifications can be included in the motion approving the first reading, with language added to the Ordinance amendment before the second reading. Councilmember Ryan moved, and Councilmember Graves seconded to approve first reading of Ordinance Amending Chapter 12 of the City Code of Ordinances Regarding Access to Multi -Unit Housing Structures by the United States Census Bureau Employees, as amended. Motion passed unanimously. Mr. Boganey thanked the City Council for their consideration of this time -sensitive issue without previous Work Session review. 11. COUNCIL REPORT The City Council agreed to forego Council Reports in the interest of time. 12. ADJOURNMENT Councilmember Graves moved, and Councilmember Ryan seconded adjournment of the City Council meeting at 7:52 p.m. Motion passed unanimously. 01/27/20 -8- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the City Council of the City of Brooklyn Center held on January 27, 2020. 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 February 10, 2020, Regular Session. Barbara Suciu, City Clerk Mike Elliott, Mayor 01/27/20 -9-