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HomeMy WebLinkAbout2020 05-26 CCPCouncil Study Session V I RT UA L meeting being conducted by electronic means in accordance with Minnesota S tatutes, section 13D.021 P ublic portion available for connection via telephone Dial: 1-312-535- 8110 Access Code: 280 470 577 May 26, 2020 AGE NDA The City C ounc il requests that attendees turn off cell phones and pagers during the meeting. A copy of the full C ity Council pac ket is available to the public. The packet ring binder is located at the entrance of the council chambers. 1.City Council Discussion of Agenda Items and Questions - 6 p.m. 2.M iscellaneous a.Report to City Council Regarding Tobacco Regulations - Continue discussion on bringing tobacco regulations to an upcoming worksession b.L ocal Emergency L imit of Five (5) person vs. Ten (10) State L imitation for Public Gatherings Direction regarding L ocal Emergency P rovision 3.Discussion of Work S ession Agenda Item as T ime P ermits 4.Adjourn C ouncil Study Session DAT E:5/26/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:C ornelius Boganey, C ity M anager S U B J E C T:Report to C ity C ouncil Regarding Tobacco Regula*ons B ackground: At the May 11, 2020, S tudy S ession mee*ng, C ouncilmember Ryan and Councilmember Kris L awrence- A nders on indicated they met w ith Emily A nders on from S moke-F ree M innesota and J ess Nolan from the A merican H eart A s s ocia*on to dis cus s proposed revisions to the cigar pricing ordinance. Ms. A nders on and I had a fairly robus t conversa*on regarding the is s ues that s he is as king the C ouncil to cons ider. Based on the data collected she and her organiz a*on believe that one w ay to reduce the cos ts health associated with smoking is to increase the purchase price of tobacco products . I n addi*on s he her organiza*on would like to pres ent informa*on that illus trates that flavored and menthol tobacco products make it easier to start or more difficult to quit us ing tobacco products, I n addi*on menthol products are par*cularly a;rac*ve to par*cular communi*es, including, A frican A merica, Na*ve A merica, LG BTQ and Youth. I n addi*on s he indicated that the data does not s upport the argument the s ales of tobacco products are es s en*al to convenience store profitability and the Economic impact on health care and los t w ork produc*vity are excep*onally high. Thus far s everal ci*es have taken s teps to restrict or ban flavored/menthol tobacco products (a;ached). This dis cus s ion tonight is to confirm the Council wants to go forw ard w ith s cheduling a work ses s ion item. S trategic Priories and Values: Enhanced Community I mage AT TA C H M E N TS : D escrip*on U pload D ate Type I nforma*on 5/20/2020 Backup M aterial What Are Other Minnesota Communities Doing? • In 2015 and 2016, Minneapolis and Saint Paul were the first cities in Minnesota to restrict fruit- and candy-flavored tobacco products to adult-only stores. • In 2017, with support from the Minnesota Menthol Coalition, Minneapolis and Saint Paul added menthol to their flavored tobacco restriction. I • Since then, other Minnesota cities have restricted or fully banned the sale of flavored tobacco products. • As of January 2020, Shoreview, St. Louis Park, Robbinsdale and Rushford restrict the sale of fruit- and candy-flavored tobacco products. Duluth, Falcon Heights, Mendota Heights, Lauderdale, Lilydale, Hennepin County and Golden Valley have restricted or banned the sale of all flavored tobacco products, including menthol. C ouncil Study Session DAT E:5/26/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:C ornelius Boganey, C ity M anager S U B J E C T:L ocal Emergency L imit of F ive (5) person vs . Ten (10) S tate Limita0on for P ublic G atherings B ackground: O N M arch 17th the C ity C ouncil approved the M ayoral Local Emergency D eclara0on. The declara0on included the follow ing provision. I n accordance with the lates t advis e from health professionals , events and other s ocial interac0ons involving gatherings of five or more people to be avoided. This local provision is inconsistent w ith the limita0ons establis hed by the G overnor and the C D C which advis e that groups of 10 or more unrelated pers ons s hould be avoided. We believe this local language conflict adds more confus ion than value to the general public and staff who are expected to abide by it. I n the future it may create barriers to the City's ability to provide programming for youth and others seeking City s ervices . I s the Council interes ted in amending the Local Emergency declara0on so that it is cons is tent with G overnors orders ? B udget I ssues: C IT Y C O UNC IL M E E T I NG V I RT UA L meeting being conducted by electronic means in accordance with Minnesota S tatutes, section 13D.021 P ublic portion available for connection via telephone Dial: 1-312-535- 8110 Access Code: 280 470 577 May 26, 2020 AGE NDA 1.Informal Open Forum with City Council - 6:45 p.m. Provides an opportunity for the public to address the C ounc il on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with presenter. Questions from the C ounc il will be for c larific ation only. Open Forum will not be used as a time for problem solving or reacting to the c omments made but, rather, for hearing the presenter for informational purposes only. I will first c all on those who notified the Clerk that they would like to speak during open forum, and then I will ask if any one else c onnected to this meeting would like to speak. W hen I do, please indicate y our name and then proc eed when I call on you. Please be sure to state your name and address before speaking. 2.Invocation - 7 p.m. - Ryan 3.Call to Order Regular Business M eeting This meeting is being conduc ted electronic ally under Minnesota Statutes, section 13D .021 due to the pandemic. For those who are connec ted to this meeting, please keep your microphone muted. I f there is an opportunity for public c omment, y ou may unmute and speak when called upon. Please do not talk over others and any one being disruptive may to ejec ted from the meeting. The packet for this meeting is on the City's website, whic h is linked on the calendar or can be found on "City Council" page. 4.Roll Call 5.P ledge of Allegiance 6.Approval of Agenda and Consent Agenda The following items are c onsidered to be routine by the C ity Council and will be enac ted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the c onsent agenda and considered at the end of Council Consideration I tems. a.Approval of Minutes - Motion to approve the following minutes: May 11, 2020 Study Sessi on May 11, 2020 Regular Sessi on May 11, 2020 Work Sessi on b.Approval of L icenses - Motion to approve li censes as presented c.Resolution A pproving the L abor Agreement for L aw Enforcement L abor Services (L E L S) L ocal 82 (Police Officers and Detectives) and the City of Brooklyn Center for the Calendar Year 2020 - Approve the resolution for the labor agreement between the City of Brooklyn Center and Law Enforcement Labor Services (LELS) Local 82 for the period of January 1, 2020 - December 31, 2020. 7.P resentations/Proclamations/Recognitions/Donations a.Transition from Uniform Crime Reports (UC R) to National I ncident-B ased Reporting S ystem (NI B R S ) - No Council action requested at this time 8.P ublic Hearings The public hearing on this matter is now open. I will first call on those who notified the Clerk that they would like to speak to this matter, then I will ask if anyone else on this meeting would like to speak during this hearing. W hen I do, please indic ate your name and then proceed when I call on you. Please be sure to state your name and address before speaking. 9.P lanning Commission Items 10.Council Consideration Items 11.Council Report 12.Adjournment C ouncil R egular M eeng DAT E:5/26/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :D r. Reggie Edwards, D eputy C ity M anager BY:Barb S uciu, C ity C lerk S U B J E C T:A pproval of Minutes B ackground: I n accordance with M innesota S tate S tatute 15.17, the official records of all mee4ngs must be documented and approved by the governing body. B udget I ssues: - None S trategic Priories and Values: O pera4onal Excellence AT TA C H M E N TS : D escrip4on U pload D ate Type 5-11 S tudy S ession 5/20/2020 Backup M aterial 5-11 Regular S es s ion 5/20/2020 Backup M aterial 5-11 Work S ession 5/20/2020 Backup M aterial 05/11/20 -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 STUDY SESSION MAY 11, 2020 CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Mike Elliott at 6:00 p.m. The meeting was conducted via Webex. 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, and City Attorney Troy Gilchrist. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Manager Curt Boganey requested that Consent Agenda Item 6c, Ordinance amending Chapter 3 of the City Code of Ordinances, be moved to Regular Session Agenda Item 10b, to allow for presentation of background information by City Staff. Mayor Elliott requested that Consent Agenda Item 6d, Resolution expressing support for converting Highway 252 from an at-grade expressway to a graded separated freeway, be moved to Item 10c, for City Council discussion. Councilmember Ryan stated he and Councilmember Kris Lawrence-Anderson met recently with Emily Anderson from Smoke Free Minnesota and Jess Nolan from the American Heart Association to discuss proposed revisions to the cigar pricing Ordinance. He added he requested that Mr. Boganey arrange for a review of this issue by City Staff. He noted he would like to discuss this issue at an upcoming Work Session. Mr. Boganey agreed. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS CONCEPT REVIEW – 61ST AVENUE AND BROOKLYN BOULEVARD Community Development Director Meg Beekman reviewed a proposal from CNR Homes for a multi-family housing development on vacant, EDA-owned property at 61st Avenue and Brooklyn Boulevard. She added the developers were available at tonight’s meeting to answer questions and provide information. 05/11/20 -2- Ms. Beekman stated this is an informal review and non-binding discussion with the prospective developer. She added this is an opportunity for the City Council to review the proposal, provide comments and ask questions. Ms. Beekman stated the proposed development would be located on two sites made up of 4 vacant EDA-owned parcels. The proposal is for triplex units in 6 structures on one site and 7 structures on the other site, for a total of 39 units. Zoning code requires 2 parking stalls per unit. The buildings would have the look and feel of large single-family, high quality homes, with patios and lawn space between them. Ms. Beekman stated the 61st Avenue site would have primary ingress and egress off of 61st Avenue, with a right only exit on Brooklyn Boulevard. She added northern parcel would have primary access from Lee Avenue. She noted the developer is a builder and remodeler of single- family homes and is not requesting subsidies. Ms. Beekman stated the current property lines are not conducive to this project and the property would need to be re-platted. She added a preliminary and final plat would be required before the proposed projects could move forward. Ms. Beekman stated the City’s 2040 Comprehensive Plan includes an overlay district along the Brooklyn Boulevard corridor that would allow for higher intensity land uses and identifies the area as “neighborhood mixed-use”. Parcels along the corridor were re-guided to align with that future land use. Councilmember Ryan stated direct driveway access from homes along Brooklyn Boulevard is problematic in terms of traffic safety. Ms. Beekman agreed, adding the proposed developments would combine the existing four driveway access points onto Brooklyn Boulevard into one access point. Councilmember Ryan asked whether it is feasible for the development to be under the required 2 parking stalls per unit. Ms. Beekman stated that issue will be reviewed as part of City Staff’s analysis. She added the overall parking for both locations meets requirements. She noted concerns about parking at the northern site have been addressed in the site plan. Councilmember Ryan stated residents would probably park on Lee Avenue if the limited amount of parking becomes an issue for them. The developer representing CNR homes stated he appreciates the opportunity to present their proposal to the City Council. He added this proposed development is important to him as he grew up in Brooklyn Center, and has ties to the City. He noted he and his partner have been in the construction business for 28 years, and they want to bring a product to Brooklyn Center that will be a higher end rental development at affordable rates, that will help to stabilize the neighborhood. The developer stated they intend to have high quality units and amenities, similar to what has been done at Earle Brown Terrace now call the Lux Apartments 05/11/20 -3- Mayor Elliott asked, in terms of affordability, how the developers can build a quality product and make it affordable. He asked who will be able to afford to live in these properties. The developer stated the triplexes will have three-bedrooms and will be appropriate for families with children. He added there is a tremendous need for 3-bedroom apartments in the metro area. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Mayor Elliott adjourned the Study Session to Open Forum at 6:53 p.m. RECONVENE STUDY SESSION The Study Session was reconvened at 6:54 p.m. CONCEPT REVIEW – 61ST AVENUE AND BROOKLYN BOULEVARD (Cont’d) Councilmember Butler asked why the City Council is being asked to enter into an agreement if the proposal has not been vetted by City Staff. Ms. Beekman stated it is common for developers to seek a preliminary development agreement, which is not a binding agreement, but serves as a letter of intent between the developer and the Economic Development Authority (EDA). She added City Staff will work with the developer to draft a preliminary agreement for City Council review and consideration at a future date. Councilmember Graves asked how many potential preliminary agreements can be considered at one time, for the same site. Ms. Beekman stated these properties are not being marketed by the City, so it would be unlikely that there would be additional agreements presented to the City. She added it is conceivable that there could be multiple proposals at one time. Councilmember Graves stated she finds the proposal conceptually interesting. She added she has other questions that would need to be reviewed before making a formal decision. The developer stated Mayor Elliott asked a question about who would be able to afford to live in these properties. He added the prices have been structured so that they are affordable and similar to a 3-bedroom unit at Section 8 rents. He noted the 3-bedroom units would be affordable for a family that would be able to afford a market rate apartment. The developer stated their goal is a long-term relationship with Brooklyn Center because of their ties to the community. He expressed their desire to spend market rate dollars for affordable housing in Brooklyn Center while supplying a higher end product. He added they have already invested approximately $40,000-50,000 in the planning process and want to continue to invest in this project. Mayor Elliott thanked the developers and Ms. Beekman for presenting this proposal. 05/11/20 -4- Discussion of this item continued and reached conclusion at the May 11, 2020, Work Session. ADJOURNMENT Mayor Elliott adjourned the Study Session at 7:00 p.m. 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 Study Session of the City Council of the City of Brooklyn Center held on May 11, 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 May 26, 2020, Regular Session. Barbara Suciu, City Clerk Mike Elliott, Mayor 05/11/20 -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 MAY 11, 2020 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 6:53 p.m. The meeting was conducted via Webex. 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, Community Development Deputy Director/HRA Specialist Jesse Anderson, Police Chief Tim Gannon, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. Mayor Elliott opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Mayor Elliott closed Informal Open Forum at 6:54 p.m. 2. INVOCATION Mayor Elliott read the following quotes for the Invocation: “Alone, we can do so little. together, we can do so much.” -Helen Keller “There is no power for change greater than a community discovering what it cares about.” -Margaret Whitney Mayor Elliott stated the global pandemic has devastated communities and posed challenges across the world and in the Brooklyn Center community. He expressed his belief that there is power in the community to come together during this time of struggle. Mayor Elliott stressed the importance of caring for the most vulnerable community members, and those who will bear the greatest impact of the virus. 05/11/20 -2- 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott at 7:05 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, Community Development Deputy Director/HRA Specialist Jesse Anderson, Police Chief Tim Gannon, 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 Butler moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, as amended to remove Item 6c, Ordinance Amending Chapter 3 of the City Code of Ordinances, for consideration as Item 10b and to remove Item 6d, Resolution Expressing Support for Converting Highway 252 from an At-Grade Expressway to a Graded Separated Freeway, for consideration as Item 10c, and the following consent items were approved: 6a. APPROVAL OF MINUTES -None. 6b. LICENSES AMUSEMENT DEVICE LICENSE Metro Coin of Minnesota 7260 Washington Ave S Eden Prairie 55344 GARBAGE HAULER Curbside Waste 4025 85th Ave N Brooklyn Park 55443 Darling Ingredients 9000 382nd Ave Blue Earth 56013 Dick's Sanitation Service Inc 8984 215th Street West Lakeville 55044 MECHANICAL LICENSE 4FrontEnergy Solutions 3230 Gorham Ave Ste 1 St Louis Park, 55426 05/11/20 -3- AES Mechanical Services Group Inc 2171 AL Hwy 229 Tallasse, AL 36078 Air Mechanical Inc 16411 Aberdeen St NE Ham Lake, 55304 B&D Plbg, Htg, & A/C 4145 MacKenzie Ct St Michael, 55376 Blue Ox Heating & Air LLC 5720 International Pkwy New Hope, 55428 Burnsville Heating & A/C, Inc 3451 Burnsville Pkwy Ste 120 Burnsville, 55337 CenterPointEnergy 6161 Golden Valley Rd Golden Valley, 55422 Centraire Htg & A/C Inc 6811 Washington Ave S Edina, 55439 Corporate Mechanical 5113 Hillsboro Ave N New Hope, 55428 Corval Constructors, Inc 1633 Eustis St St Paul, 55108 D J'S Heating & Air Cond. 6060 LaBeaux Ave NE Albertville, 55301 Di5er Inc 820 Tower Drive Medina, 55330 Elite Refrigeration Heating & A/C, LLC 9324 November Dr St Joseph, 56374 Elk River Heating & Air Conditioning Inc 11110 Industrial Cir NW #F Elk River, 55330 Genz-Ryan Plbg & Htg 2200 W Hwy 13 Burnsville, 55337 Glowing Hearth & Home 100 Eldorado Dr Jordan, 55352 Go Fetsch Mechanical LLC 565 Shoreview Park Rd Shoreview, 55126 Harris St Paul Inc 909 Montreal Cir St Paul 55102 Hoffman Refrigeration & Heating 5660 Memorial Ave N Stillwater, 55082 Home Energy Center 2415 Annapolis Ln N Ste 170 Plymouth, 55441 Homeworks Services Co 1230 Eagan Industrial Rd #117 Eagan, 55121 Horwitz Inc 7400 49th Ave N New Hope, 55428 Infinity Heating & Air Conditioning LLC 1017 Meadowwood Dr Brooklyn Park, 55444 KraH Contracting LLC 3415 Ventura Dr Ste 100 Woodbury, 55125 05/11/20 -4- McChesney Heating & Air 8201 175th Ave SE Becker, 55308 McDowall Company PO Box Waite Park, 56387 Metropolitan Mechanical Contractors 7450 Flying Cloud Dr Eden Prairie, 55344 Minnesota Petroleum Service 682 39th Ave NE Minneapolis, 55421 Minnetonka Plumbing, Inc 520 River Street S Delano, 55328 Neighborhood Plbg & Htg 130 Broadway Ave N Foley, 56329 Northern Heating & A/C Inc 9431 Alpine Dr NW Ramsey, 55303 Quality Refrigeration 6237 Penn Ave S #100 Richfield, 55423 Quality Systems A/C & Refrigeration 16847 Welcome Ave SE Prior Lake, 55372 RTS Mechanical LLC 725 Tower Dr Hamel, 55340 Ray Welter Htg Co 4637 Chicago Ave S Minneapolis, 55407 Royalton Heating & A/C 4120 85th Ave N Brooklyn Park, 55443 Sabre Plumbing, Heating & A/C 15535 Medina Rd Plymouth, 55447 St Cloud Refrigeration 604 Lincoln Ave NE St Cloud, 56304 Schadegg Mechanical, Inc 225 Bridgepoint Dr So. St Paul, 55075 South-Town Refrigeration 6325 Welcome Ave N Ste 200 Brooklyn Park, 55429 Standard Heating & A/C 130 Plymouth Ave N Minneapolis, 55411 Treated Air Conditioning 9954 166th Court Becker, 55308 SIGNHANGER'S LICENSE Archetype Sign Makers 9611 James Ave S Bloomington, 55431 Elements Inc 10044 Flanders Ct NE Ste 100 Blaine, 55449 Jones Sign Company 1711 Scheuring Rd DePere, WI, 54115 Pajor Graphics Inc 1301 Washington Ave N Minneapolis, 55411 Scenic Sign Company PO Box 881 St Cloud, 56302 Signart Company 2933 Mondovi Rd 05/11/20 -5- Eau Claire, WI, 54701 Spectrum Sign Systems Inc 8786 W 35W Service Dr NE Blaine, 55449 Topline Advertising 11775 Justen Circle #A Maple Grove, 55369 RENTAL INITIAL (TYPE IV – one-year license) 5019 61st Ave N Emmanuel Togbah INITIAL (TYPE III – one-year license) 3141 49th Ave N Matthew Forster/Elbrus Mgt 6418 Girard Ave N Genet Mahalu Gashaw INITIAL (TYPE II – two-year license) 5353 72nd Circle Donovan Gilbert / N & G Financial 3818 Burquest Lane Ayan I Yusuf/Loving Touch Inc RENEWAL (TYPE IV – one-year license) 2208 69th Ave N Eli Mash/3511 Fremont LLC - Mitigation Plan Not Met, Missing Crime Free Housing RENEWAL (TYPE III – one-year license) 5316 Colfax Ave N FYR SFR BORROW LL 5420 Fremont Ave N Ross Herman 5426 Fremont Ave N Matthew Klein RENEWAL (TYPE II – two-year license) 5712 Bryant Ave N FYR SFR BORROW LL 7019 Morgan Ave N Cory Lee McClure / Candlewood Home Buyers 6900 Quail Ave N Michael Johnson RENEWAL (TYPE I – three-year license) 5305 67th Ave N Sai Yang 6c. ORDINANCE NO. 2020-04 AMENDING CHAPTER 3 OF THE CITY CODE OF ORDINANCES This item was considered as Agenda Item 10b. 6d. RESOLUTION NO. 2020-044 EXPRESSING SUPPORT FOR CONVERTING HIGHWAY 252 FROM AN AT-GRADE EXPRESSWAY TO A GRADED SEPARATED FREEWAY This item was considered as Agenda Item 10c. 6e. RESOLUTION NO. 2020-039 IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT (LCDA) FUNDING 05/11/20 -6- AND AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR GRANT FUNDS 6f. RESOLUTION NO. 2020-040 IN SUPPORT OF THE MEDICARE FOR ALL ACT OF 2019 AND RESOLUTION 2020-041 SUPPORTING THE MN HEALTH PLAN 6g. RESOLUTION NO. 2020-042 AUTHORIZING LETTER OF SUPPORT FOR LEGISLATION TO PROVIDE FUNDING FOR SMALL BUSINESSES Councilmembers Graves and Butler and Mayor Elliott voted aye. Councilmembers Lawrence- Anderson and Ryan voted nay. Motion passed. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RECOGNITION OF POLICE WEEK AND PEACE OFFICER’S MEMORIAL DAY Mayor Elliott read a Resolution in recognition of Police Week and Police Officer’s Memorial Day. Mayor Elliott expressed his appreciation for the work of the Police Department in protecting the community. Councilmember Butler moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2020-045 Recognizing Police Week and May 15, 2020 as Peace Officer’s Memorial Day. Motion passed unanimously. 7b. THE 2020 BIENNIAL BODY WORN CAMERA AUDIT Police Chief Tim Gannon gave a presentation on the Brooklyn Center Police Department’s Biennial Body Worn Camera (BWC) Audit, required by State statute. The City’s BWC Program began in 2017 after a brief trial period, and an independent audit was conducted in 2019, which revealed 3 discrepancies: period for retention of data is inconsistent with software compatibility; determination of whether deleted data in server log report was appropriately destroyed; and use of agency-issued portable recording systems. Police Chief Gannon stated, with regard to inconsistent retention periods, significant changes were added to classification levels when BWC’s were fully implemented. Police Chief Gannon stated, with regard to software incompatibility, City Staff are working with the software provider to develop a new data query which would pull the necessary information from server logs. 05/11/20 -7- Police Chief Gannon stated, with regard to portable recording systems, the BWC policy has been updated to include statutory language related to use of portable recording systems that have been issued and are maintained by the agency. Police Chief Gannon stated the audit results must be provided to the Legislative Commission on Data Practices within 60 days of the completion of the audit. A copy of the final report of March 22, 2020 was forwarded to the Commission on April 7, 2020. Councilmember Graves asked whether the second discrepancy related to software, whether it would make sense to include the date of incident and the date the record was deleted. Police Chief Gannon stated that data is already captured. He added the classification is what was missing. Councilmember Ryan asked whether other information or references are included in the record so the incident data can be retrieved. Police Chief Gannon stated there is an opportunity for the Officer to leave notes in the file, but the classification is lacking. He added the auditor could review case information, but it was considered a discrepancy as there was no classification. He noted City Staff are working with the software provider to make sure that does not happen again. Mayor Elliott asked how many videos were missing the required classification. Police Chief Gannon stated he does not have the total number of videos, as the auditor did a random sampling. He added the audit showed the videos that were deleted and counted them toward the discrepancy. Mayor Elliott stated the classification and retention chart showed that unclassified videos are retained for 90 days. He asked what the circumstances would be wherein a video would go unclassified. Police Chief Gannon stated an Officer may start recording inadvertently and then stop recording, and that would be considered unclassified. He added the classification in that case would be “test” or “accidental”. Mayor Elliott asked whether there is a process wherein videos are checked to ensure they have the correct classification. Police Chief Gannon stated videos are randomly checked, as the number of videos recorded during a single shift is extremely high. He added priority videos, such as an arrest or use of force, are inspected by a supervisor, and the case is reviewed by a detective. He noted a classification would be provided in that case. City Manager Curt Boganey thanked Police Chief Gannon for his presentation. He expressed his appreciation to the entire Police Department for a positive report. He noted the discrepancies are technical in nature and all indications suggest the Department has done everything possible to comply with the spirit of the audit, and requirements of statutory legislation, and has had a positive outcome. He commended the Police Chief for his leadership in this process, and for doing an outstanding job. Mr. Boganey stated City Staff recommends that the City Council accept the audit, rather than approve it, as noted on the meeting agenda. 05/11/20 -8- Councilmember Ryan moved and Councilmember Butler seconded to accept the Brooklyn Center Police 2020 Biennial Body Worn Camera Audit. Motion passed unanimously. 8. PUBLIC HEARINGS -None. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2020-043 APPROVING A GRANT PROGRAM TO SUPPORT LOCAL NONPROFIT ORGANIZATIONS Ms. Beekman reviewed a proposal for emergency funding support for local non-profit organizations in Brooklyn Center. She reviewed the background leading to this proposal, including a Resolution approved by the City Council authorizing funding for local organizations for emergency food assistance, which has been fully utilized and spent. She stated City Staff were contacted by the Organization of Liberians in Minnesota (OLM) about potential funding support. Ms. Beekman stated City Staff have recognized the need from other organizations, including OLM, who are trying to provide assistance to local residents through emergency support services. She added Brooklyn Park adopted a program with an open application process, and City Staff have adopted that model to create the proposed funding support process. Ms. Beekman stated a grant program would provide funding up to $3,000 for eligible local nonprofit agencies operating within Brooklyn Center, that serve residents. Funds would be available to provide emergency services including food, shelter, and critical life safety needs, and must be spent by September 1, 2020. She noted organizations that have already received emergency funding from Brooklyn Center would not be eligible. Ms. Beekman stated, in terms of scoring criteria for recipients, organizations will be asked to enter a grant agreement, and provide a monthly email update to summarize how funds are being used, as well as final report upon completion of the program. She added, if the program is approved this evening, the application period would open Friday, May 15, 2020 with a deadline of May 25, 2020, and applications would be reviewed and scored by an internal staff committee. Selected applicants would enter an agreement the week of June 1, 2020, with funds available within 1 week. 05/11/20 -9- Ms. Beekman stated a total of $12,000 would be available for this program from the General Fund. She added City Staff will engage in outreach to local organizations and nonprofits increase awareness of the grant program. Ms. Beekman stated City Staff recommends approval of the establishment of a local nonprofit emergency grant program. Councilmember Butler asked whether City Staff received a request for funding from OLM, and what services they provide for residents. Ms. Beekman stated representatives from OLM contacted City Staff via email about a funding program similar to Brooklyn Park’s program. She added OLM represents local Liberian communities, providing numerous services that are not being met directly by food shelves and other sources. Mayor Elliott moved and Councilmember Graves seconded to adopt Resolution No. 2020-043 Approving a Grant Program to Support Local Nonprofit Organizations. Motion passed unanimously. 10b. ORDINANCE NO. 2020-04 AMENDING CHAPTER 3 OF THE CITY CODE OF ORDINANCES Community Development Deputy Director/HRA Specialist Jesse Anderson reviewed a proposed amendment to Chapter 3 of the City Code, adopting the 2020 State Building Code and 2018 International Building Code. He added the proposed language changes will provide clarified interpretation of the Code. He reviewed proposed changes including modification of egress window requirements; additional roof access requirements for solar energy systems; deck requirement clarifications; and clarification of residential codes for tiny homes. Mr. Anderson stated, if approved, a public hearing and second reading will be scheduled for June 8, 2020. Mayor Elliott asked whether tiny homes are allowed in the City’s zoning code. Community Development Director Meg Beekman stated the Zoning Code requires that single family homes have a solid foundation that is a minimum of 20 feet in length. She added tiny homes are not prohibited, but they would have to meet these requirements. She noted the Zoning Task Force is not reviewing requirements for tiny homes. Mayor Elliott asked whether current energy efficiency requirements exceed that which is specified in State or international code. Mr. Anderson stated the current Code does not include efficiency requirements. Councilmember Graves moved and Councilmember Ryan seconded to approve the First Reading of Ordinance 2020-04 Amending Chapter 3 of the City Code of Ordinances Regarding State Building Code and Calling for a Public Hearing and Second Hearing to be Held on June 8, 2020. Motion passed unanimously. 05/11/20 -10- 10c. RESOLUTION NO. 2020-44 EXPRESSING SUPPORT FOR CONVERTING HIGHWAY 252 FROM AN AT-GRADE EXPRESSWAY TO A GRADED SEPARATED FREEWAY Mayor Elliott stated he wanted to pull this item from the Consent Agenda for further discussion. He added there are no pressing timelines with regard to Highway 252 and the City Council does not need to vote on this issue. He noted this issue can be addressed after additional information is received from the Minnesota Department of Transportation (MnDOT) and Hennepin County. Mayor Elliott stated the City of Minneapolis worked out a resolution that includes provisions for different issues of concern, including environmental impacts and public transport. He added the shift to an environmental impact statement will create a more thorough process. He noted it is an opportunity for the City to make a statement about desired project outcomes. Councilmember Ryan stated, in his opinion, this item should have remained on the Consent Agenda. He added this is a vote in support of improving the safety of Highway 252. He noted he does not understand why the Mayor would wish to obstruct a process that would ultimately ensure public safety. Councilmember Ryan stated bus rapid transit will be addressed in the environmental impact statement, in the scoping document process. He added this is a document that lists alternatives to be considered and will result in a transit feasibility study. He noted this is the process, and it should be followed, and by setting it aside, the City would send a message that it is indecisive and unresolved. He noted he believes that residents want to see significant safety improvements on Highway 252. Councilmember Ryan moved to adopt RESOLUTION NO. 2020-044 Expressing Support for Converting Highway 252 from an At-Grade Expressway to a Graded Separated Freeway. Councilmember Butler requested clarification that in supporting the Resolution, the City Council will not be tied to any specific proposal for Highway 252. She added she thought the City Council had come to an agreement at a recent Work Session to move forward with the highway conversion, but not be tied to a plan. Mr. Boganey stated he believes Councilmember Butler’s perspective is correct, and the City Council consensus at that Work Session was that the conversion from a highway to an expressway is something that the City Council wanted to see happen, presuming that it would improve safety. He added there was reluctance about approving a specific location or plan before environmental and other issues were reviewed, but the City Council agreed to support the conversion. City Attorney Troy Gilchrist stated, as a matter of procedure, a motion has been made and a second is required before further debate. Councilmember Graves seconded the motion. 05/11/20 -11- Councilmember Graves stated she recalls there was an agreement during the Work Session, although the full City Council was not present. She added she and Councilmember Lawrence- Anderson had moved to pass this Resolution, and Mayor Elliott and Councilmember Butler opposed the Resolution. Councilmember Ryan was absent. It was agreed that the City Council would wait to vote on this Resolution until the entire Council is present, and that is tonight. Councilmember Butler stated she is fine with moving forward, as long as the environmental impact study will be expansive, and questions will be addressed. Mayor Elliott stated he supports addressing safety concerns on Highway 252. He added he does not believe the City is doing due diligence by moving ahead with one plan. He noted he does not believe that taking this vote will achieve anything and passing a blanket resolution without articulating the desired results is a missed opportunity. Councilmember Ryan stated the EIS process will include a review of transit including enhanced local routes and bus service, which will be a part of the overall plan. He added a “feel good” resolution favoring BRT can be considered but it is not necessary. He stressed the importance of recognizing the planning process. Mayor Elliott stated he takes exception to Councilmember Ryan’s comment. He added the City of Minneapolis pushed to have a BRT statement in their Resolution. He noted this is not a “feel good” issue but an important process for Brooklyn Center. Councilmembers Ryan, Graves and Butler voted in favor of same. Mayor Elliott abstained. Motion passed. 11. COUNCIL REPORT -None. 12. ADJOURNMENT Councilmember Butler moved and Councilmember Graves seconded adjournment of the City Council meeting at 8:26 p.m. Motion passed unanimously. 05/11/20 -12- 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 May 11, 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 May 26, 2020, Regular Session. Barbara Suciu, City Clerk Mike Elliott, Mayor 05/11/20 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION MAY 11, 2020 CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Mike Elliott at 9:08 p.m. The meeting was conducted via Webex. ROLL CALL Mayor/President Mike Elliott and Councilmembers/Commissioners 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, and City Attorney Troy Gilchrist. CONCEPT REVIEW – 61ST AVENUE AND BROOKLYN BOULEVARD, CONT’D Councilmember/Commissioner Ryan stated, earlier in the meeting, Community Development Director Meg Beekman described the proposed development, and the advantages of this approach. He added he is comfortable with moving forward and encouraged City Staff to determine whether they will recommend a preliminary development agreement. Councilmember/Commissioner Graves stated she supports the proposed development and would like to learn more about this particular site. She added there was a similar proposal for a site at 63rd Avenue and Brooklyn Boulevard for an affordable housing development with high-quality amenities. She noted she had asked whether the City Council would consider more than 1 proposal at the same time for a property. Ms. Beekman stated this site is not the same site as the multi-family development that is proposed at 63rd Avenue. She added this site is narrow, and not deep enough to accommodate a multi-family housing development. Mayor/President Elliott stated the developers have joined the conversation to answer any questions or provide information. Ms. Beekman stated City Staff can bring a preliminary agreement for the City Council’s consideration at a future meeting, along with a proposed site plan. 05/11/20 -2- DRAFT Mayor/President Elliott stated he would be interested in seeing a preliminary development agreement. He added this seems like a good project, and he appreciates that there is emphasis on what it will cost to live in the proposed units ADJOURNMENT Councilmember/Commissioner Graves moved and Councilmember/Commissioner Butler seconded adjournment of the City Council/Economic Development Authority Work Session at 9:18 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 Work Session of the City Council of the City of Brooklyn Center held on May 11, 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 May 26, 2020, Regular Session. Barbara Suciu, City Clerk Mike Elliott, Mayor C ouncil R egular M eeng DAT E:5/26/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :D r. Reggie Edwards, D eputy C ity M anager BY:A lix Bentrud, D eputy City Clerk S U B J E C T:A pproval of Licens es B ackground: The follow ing bus ines s es /per s ons have applied for C ity licens es as noted. Each busines s /person has fulfilled the requirements of the C ity O rdinance governing respec4v e licens es , submi5ed appropriate applica4ons, and paid proper fees. A pplicants for r ental dwelling licens es are in compliance w ith C hapter 12 of the City C ode of O rdinances , unless comments are noted below the property address on the a5ached rental report. G A R B A G E H AU L E R A ce S olid Was te 6601 M cK inley S t N W Rams ey, 55303 Walters Recycling & Refus e 2830 101st Ave N E Blaine, 55449 Walz Brothers S anita4on P O Box 621 O sseo, 55369 H O S P I TA L I T Y A C C O M M O DATI O N S Kas awa H ospitality I nc S uper 8 M otel 6445 J ames C ir Brooklyn C enter, 55430 Extended S tay A merica #3504 2701 F reew ay Blvd Brooklyn C enter, 55430 G 6 H ospitality 2741 F reew ay Blvd Brooklyn C enter, 55430 S eth O liver-Brooklyn H otel Partners L L C D B A Embassy S uites 6300 Earle Brown D r Brooklyn C enter, 55430 M EC H A N I C A L L I C E N S E A bsolute Mechanical 7338 O hms Lane Edina 55439 Elk Mechanical 6361 S unfish L ake Ct N W S te 100 Rams ey 55303 H omew orks P lumbing H ea4ng A ir 891 Fairmont Ave S t Paul, 55105 J -Beard Mechanical 1 I ndus trial Blvd S auk Rapids, 56379 M echanical A ir S ystems 6995 20th Ave S C enterville 55038 M N P lumbing and H ome S ervices 12040 Riverwood C ir Burnsville 55337 S chwantes H ea4ng and A ir Condi4oning 6080 O ren Ave S S 4llw ater, 55082 Wenzl H ea4ng & A /C 4145 O ld S ibley M em H wy Eagan 55122 M OTO R V E H I C L E D E A L E R S H I P L I C E N S E B B M otors S ales L L C dba Luther Brookdale G M C 4301 68th Ave N Brooklyn C enter 55429 B B M otors S ales L L C dba Luther Brookdale C hevrolet 6701 Brooklyn Blvd Brooklyn C enter 55429 B C V M otors L L C dba Luther Brookdale Volkswagen 6801 Brooklyn Blvd Brooklyn C enter 55429 Brooklyn Park Motors dba Luther Brookdale Toyota 6700 Brooklyn Blvd Brooklyn C enter 55429 M etro Brookdale L L c dba Luther Brookdale M azda Mitsubishi 4435 68th Ave N Brooklyn C enter 55429 R.L . Brookdale M otors I nc dba Luther Brookdale H onda 6800 Brooklyn Blvd Brooklyn C enter 55429 S I G N H A N G E R 'S L I C E N S E S igna4on S ign G roup 6840 S H ingle Creek P kwy Brooklyn C enter, 55430 S trategic Priories and Values: S afe, S ecure, S table C ommunity, O pera4onal Excellence AT TA C H M E N TS : D escrip4on U pload D ate Type Rental C riteria 5/7/2019 Backup M aterial 5-26-2020 Rentals 5/20/2020 Backup M aterial Page 2 of 2 b.Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are “Family or household members” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I – 3 Year 1-2 units 0-2 3+ units 0-0.75 Type II – 2 Year 1-2 units Greater than 2 but not more than 5 3+ units Greater than 0.75 but not more than 1.5 Type III – 1 Year 1-2 units Greater than 5 but not more than 9 3+ units Greater than 1.5 but not more than 3 Type IV – 6 Months 1-2 units Greater than 9 3+ units Greater than 3 Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** 1339 67th La N Single Renewal Wagner Property Rentals LLC 4 II 0 II II 6215 Bryant Ave N Single Renewal Tuuyen Tran 5 II 0 II II 6618 Camden Dr Single Renewal Hussain Khan - did not meet mitigation plan, missing CPTED 13 IV 0 IV III 6007 Girard Ave N Single Renewal R B Management 4 II 0 II IV 5901 Pearson Dr Single Renewal FYR SFR Borrower LLC 5 II 0 II I 5306 Penn Ave N Single Renewal Sergey Fooks 3 II 0 II II 5223 Xerxes Ave N SIngle Renewal TMC Management / Joseph Noonan 25 IV 0 IV I * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.) ** License Type Being Issued *** Initial licenses will not show a previous license type All properties are current on City utilities and property taxes Type 1 = 3 Year Type II = 2 Year Type III = 1 Year Rental Licenses for Council Approval on May 26, 2020 C ouncil R egular M eeng DAT E:5/26/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :D r. Reggie Edwards, D eputy C ity M anager BY:Kelli W ick, H uman Res ources D irector S U B J E C T:Res olu.on A pproving the L abor A greement for L aw Enforcement L abor S ervices (L E L S ) L ocal 82 (Police O fficers and D etec.ves ) and the City of Brooklyn Center for the Calendar Year 2020 B ackground: The cur rent contr act w ith L E L S 8 2 (Police O fficer s and D etec.v es) expired on D ecember 31, 2019. The C ity and the Union have met and nego.ated in good faith to reach a se=lement on all is s ues of concern. This labor agreement covers police officers and police detec.ves for a total of 38 employees. The a=ached agreement has been appr oved by a vote of the members and upon adop.on by the C ity Council will es tablish wages and working condi.ons for the year 2020. The A r.cles affected by thes e nego.a.ons include the follow ing: A rcle 3 – D efinions 3.13 Regular Rate of Pay: The employee’s hourly or monthly base pay rate, including educa.onal incen.ve pay, longevity pay, and differen.al for detec.ve and s chool liaison officer excluding any other s pecial allowances. 3.14 Base Pay Rate: The employee’s hourly or monthly pay rate excluding educa.onal incen.ve pay, longevity pay, and differen.al for detec.ve, drug task force and school liais on officer. A rcle 24 – Uniforms The Employer shall provide required uniform and equipment items. I n addi.on, the Employer shall pay to the uniformed officers a maintenance allow ance of $200 per year in 2020. A rcle 25 – Longevity I ncenve – Effecve January 1, 2020 I ncreas e the longevity percentage by 1% in each sec.on; 25.1, 25.2, 25.3, 25.4 A rcle 29 – H ealth I nsurance For 2020 the C ity will offer the bes t of any agreement that w e have for any other employee group for 2020. A rcle 30 – Wage Rates Three percent (3%) increase on general wages for 2020 effec.ve J anuary 1, 2020. Employees classified or as s igned by the Employer to the following job clas s ifica.ons or posi.ons w ill receive four and one half percent (4.5%) in addi.on to the bas e pay rate. D etec.ve D etec.ve Trainee The proposed contract w as tenta.vely agreed upon by the s taff and the union for a two year .me (January 1, 2020 - D ecember 31, 2021). H owever, due to C O V I D -19 Pandemic the contract was renego.ated to only a one year period (Year 2020). The w age (3% incr eas e) outlined in A r.cle 30 increas e is the s ame w age incr eas e that is currently provided to all other staff both unionized and non-union for the 2020 fiscal year. S trategic Priories and Values: S afe, S ecure, S table C ommunity AT TA C H M E N TS : D escrip.on U pload D ate Type A greement 5/15/2020 Backup M aterial Res olu.on 5/15/2020 Resolu.on Le=er Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE LABOR AGREEMENT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 (POLICE OFFICERS AND DETECTIVES) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2020 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City has negotiated in good faith with LELS Local 82 (Police Officers and Detectives) for a contract for the year 2020 as attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to execute the attached contract with LELS Local 82 (Police Officers) for calendar year 2020 with such language changes as may be necessary to clarify any terms, provided such language changes do not change the substance or monetary compensation set forth in the attached contract. BE IT FURTHER RESOLVED that authorized wage and benefit adjustments not to exceed the maximum contained herein shall become effective according to the schedule of the contract which commences January 1, 2020. ___________________________________ _________________________________ Date Mayor ATTEST: ___________________________ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. C ouncil R egular M eeng DAT E:5/26/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:Tim G annon, Police Chief S U B J E C T:Trans i+on from U niform Crime Reports (U C R) to Na+onal I ncident-Bas ed Repor+ng S ys tem (N I B RS ) B ackground: The F B I has ins tructed local law enforcement to adopt a new more uniformed means to track and account for crime commi4ed in the community. The current sys tem is the U niformed C rime Reports ( U C R)- S ummary Repor+ng S ys tem (S RS ) moving forw ard w e will be trans i+oning to the Na+onal I ncident-Bas ed Repor+ng S ystem (N I B RS ). The F B I is requiring all agencies transi+on by J anuary 2021. I t is our inten+on to trans i+on by June of 2020. O ur agency as well as several other LO G I S ci+es w ill be transi+oning at the s ame +me. LO G I S has been an ac+ve partner in gaining the technological means to reform our crime repor+ng processes . The format and calcula+ons of crimes commi4ed w ill differ from the previous years repor+ng. A pres enta+on has been developed to explain the differences as well as the benefits of this new uniformed means to meas ure criminal ac+vity. This trans i+on is mandatory as direc+ve by the F B I for consistency of repor+ng throughout all jurisdic+ons . B udget I ssues: 1. D oes the C ouncil require addi+onal informa+on regarding this crime repor+ng transi+on. 2. A ?er the presenta+on is the C ouncil confident in their ability to explain the trans i+on to ci+z ens if asked? I f not w hat more can the department do to be4er assist the Council in those s itua+ons ? S trategic Priories and Values: S afe, S ecure, S table C ommunity AT TA C H M E N TS : D escrip+on U pload D ate Type Powerpoint 5/19/2020 P resenta+on Brooklyn Center Police National Incident Based Reporting System (NIBRS) October 8, 2018 Review Council Presentation, 2020 Tim Gannon, Chief of Police NIBRS October 8, 2018 National Incident Based Reporting System 2 Crime Data Reporting •October 8, 2018 •FBI has maintained both SRS and NIBRS for several years. •Effective 1/1/2021, crime data submitted under summary reporting system (SRS) will no longer be accepted by the Bureau of Criminal Apprehension (BCA) or Federal Bureau of Investigation (FBI). •Crime data reporting will begin submission to NIBRS on 6/1/2020. 3 Overview NIBRS •Technological developments in more recent decades have created the potential for much more sophisticated data collection and reporting systems, such as NIBRS, which started in 1989. NIBRS offers the potential for a sharper, more detailed picture of crime in America. •NIBRS offenses include many that SRS omits, such as animal cruelty, extortion, and the fraud offense of identity theft. •SRS served the nation’s law enforcement interests during the decades when a nationwide computer-based system was not feasible; started in 1930. •SRS collects little information about an incident beyond the initial crime committed, researchers cannot use it to answer many types of questions about the causes of crime. SRS cannot answer how many kidnappings happen at schools or how many robbery victims are related to their robbers. SRS 4 What is the difference NIBRS •52 Group A offenses and 10 Group B offenses •Crimes do not follow hierarchy rule, agencies may collect NIBRS data on as many as 10 criminal offenses per incident, yielding a more accurate accounting of the total number of reported crimes. •NIBRS captures data on incident-related details that are not included in SRS, such as the relationships between victims and offenders, the types and quantities of drugs involved, and the types of property damaged or stolen. •NIBRS is a more comprehensive system of crime data collection and reporting. •10 Part 1 crimes and 29 Part 2 crimes •Crimes follow hierarchy rule; SRS does not reflect all the crimes that might have been committed in an incident. •SRS collects little information about an incident beyond the initial crime committed, researchers cannot use it to answer many types of questions about the causes of crime. •These weaknesses of SRS limit its statistical value as a guide for well-informed public policy, meaningful public discussion, and strategic policing. SRS 5 Nationwide Deployment Status 6 7 Statewide Deployment Status 8 9 Statewide Deployment Status Brooklyn Center will transition to NIBRS reporting on June 1, 2020. The vision for NIBRS is for it to become the law enforcement community standard for quantifying crime, which will help law enforcement and communities around the state and country use resources more strategically and effectively. 10 Vision Summary •October 8, 2018 •Technology, like crime, has evolved •FBI has declared NIBRS a top priority •NIBRS can provide more useful statistics to promote constructive discussion, measured planning, and informed policing. 11 Questions •October 8, 2018 12 Council/E D A Work S ession V I RT UA L meeting being conducted by electronic means in accordance with Minnesota S tatutes, section 13D.021 P ublic portion available for connection via telephone Dial: 1-312-535- 8110 A ccess Code: 280 470 577 May 26, 2020 AGE NDA AC T I V E D IS C US S I O N IT E M S 1.Review P rocedures for O pen F orum and P ublic Hearings 2.C O V I D-19 F inancial I mpact Overview and D iscussion P E ND I NG L IS T F O R F UT URE WO RK S E S S IO NS 1.P ending I tems S trategic Plans f or years 2018-2020 and 2021-2023 Discussion of Mayor/C ity C ouncil roles & responsibilities (C ommonS ense I nc.) B eautif ication & Public A rt Master P lan M EM OR ANDUM - COU N C IL WORK SESSION DAT E:5/26/2020 TO :C ity C ounc il F R O M:C urt Bo ganey, C ity Manager T HR O UG H:Dr. R eggie Ed wards, Deputy C ity Manager B Y:Barb S uc iu, C ity C lerk S UBJ E C T:R eview P roc ed ures fo r O pen F orum and P ub lic Hearings Recommendation: - Accept th e p resenta tion B ackground: Attached is a p res entation whic h o utlines rules for o p en fo rums and p ublic hearings . S trategic Priorities and Values: O peratio nal Exc ellence AT TAC HME N T S : Desc rip tion Up lo ad Date Typ e P owerp o int 5/19/2020 P res entation 5/19/2020 1 Best Practices for Virtual Public Hearings Department Heads Meeting, 5/15/2020 Barb Suciu, City Clerk Background •Establish best practices for conducting public hearings via virtual meetings •Looked at other cities practices  •Reviewed information provided by the League of Minnesota Cities •Staff met with City Attorney to review current practices and how it would  change with virtual meetings 2 5/19/2020 2 4 Points for Public Hearings •Legal Notice •Access to Participants •Participating in the public hearing •Managing the Meeting 3 Notice (Legal) •Publish notice in the newspaper •(email to: publicnotice@ecm‐inc.com) •Mail notices if the public hearing is zoning related •Post  notice in front window or notice board •Include language such as: 4 5/19/2020 3 Access to Participants •Website  meeting calendar 5 Access to Participants - continued •Meeting Agenda 6 URL that directly connects to  the video portion of the  meeting 5/19/2020 4 Access to Participants - continued •Ordinance Amendment •Publication in newspaper •Posting  on window 7 Participating in Public Hearing •People that have called prior to the meeting wanting to speak •People  that have emailed questions prior to the meeting •People  that have joined the meeting by telephone the night of the  meeting •People  that have joined the meeting by Webex the night of the meeting 8 5/19/2020 5 Participating in Public Hearing - continued •Rules need to be stated similar to open forum •Example: Remember to keep your screen on mute until the person addressing the City Council is finished. If you are on the telephone, please refrain from any conversations during this time •Remember the host of the meeting has the ability to mute participants in  the meeting, during the meeting 9 Participating in Public Hearing - continued •The people that have expressed interest in participating prior to the  meeting go first •Called off by name •Similar to blue cards •Ask “is there is anyone else wanting to address the City Council” •These individuals would be called upon by the Mayor  10 5/19/2020 6 Managing the Meeting •What happens if someone gets out of hand  •Host has the ability to: •Mute participants •Stop video of participants •Expel (participants; right click on specific participants) •Downfall: The participant can re‐enter the meeting  11 Managing the Meeting - continued •Running an efficient meeting is key •Control of residents wanting to address the council is  being address to assist the efficiency piece 12 5/19/2020 7 Recap •The “Notice” process is set in place and satisfies the State  requirements •Access to participants •Adding new means for participation •Participating in Public Hearing •Observing “rules” during the public hearing •Managing the meeting •Control the participants through options in the program 13 M EM OR ANDUM - COU N C IL WORK SESSION DAT E:5/26/2020 TO :C ity C ounc il F R O M:C urt Bo ganey, C ity Manager T HR O UG H:N/A B Y:Mark Ebens teiner, F inanc e Direc to r S UBJ E C T:C O VID-19 F inanc ial Impac t O verview and Disc ussion Recommendation: T h e purp ose of th is w ork session item is to provide a n update on th e C O V I D -1 9 pandemic primarily related to anticip a ted financia l impacts to th e city. It is recommen d ed th a t the C ity C ou n cil consider providin g direction to sta ff regardin g th e approa ch on exp ected revenue shortfalls. B ackground: Policy Issues: Is the direc tio n c ity s taff is taking to ad d res s antic ipated financ ial impac ts in keeping with c o uncil expec tatio ns? S trategic Priorities and Values: Enhanc ed C o mmunity Image, R esident Eco nomic S tab ility, S afe, S ec ure, S table C o mmunity, O p erational Exc ellenc e AT TAC HME N T S : Desc rip tion Up lo ad Date Typ e C O VI D-19 I nformatio n 5/21/2020 Bac kup Material On March 13, 2020, the Governor of Minnesota issued Executive Order 20-01 and declared a peacetime emergency due to the COVID-19 pandemic. As a result, early the following week, March 17, 2020 the city closed both liquor stores, Earle Brown Heritage Center, and the Community Center. Many other city employees also began working modified schedules, primarily from home if possible as city hall and other city buildings were closed to the public. As we are all aware of, the impacts of the pandemic are significant and far reaching with many unknowns. As city staff began to navigate and consider the financial impacts of COVID19, we evaluated the general fund in detail, initially focused on the impact the pandemic may have on total general fund revenues as well as cash flows. The following depicts our initial estimates in regards to possible revenue shortfalls: Revenue Amount Property Taxes (10% delinquency) $ 1,796,786 Lodging Tax (20% collection rate) 493,680 Licenses and permits 160,000 Program Income (net of expenditures) 40,255 Possible revenue shortfall $ 2,490,721 Some items to highlight include: - Property tax delinquency rates during the most recent recession in 2008/2009 were around 7%. We initially estimated 10% as there are so many unknowns. It is important to note that delinquent property taxes will affect current cash flow but are expected to be collected in future years. - With the stay at home order the lodging industry has been experiencing 80-90% decreases in occupancy. Based on collections through April, the 20% collection rate appears appropriate. - Program income in the general fund is primarily related to the community center and recreation programs, both of which have been shut down since mid-March. - These are a work in progress and upcoming data points will be helpful in revenue assumptions, especially after June and July tax settlements are received. As we completed our initial revenue shortfall estimate we turned to expenditures. Department heads thoroughly reviewed their respective budgets and provided initial possible cuts. We focused on non-personnel cuts which included supplies and other services/charges. These initial reductions amounted to $906,595. The following chart depicts these by department: Some divisions were able to trim more expenditures than others due to the nature of services they provide. Public Works see significant spring and summer expenditures related to maintaining fields for baseball and soccer, for example, while Public Safety has seen very little change in workload. Also, although public works had the largest reduction to general fund expenditures, approximately $300,000 of these are planned to be funded by available municipal state aid. We then progressed to review personnel savings and reductions. Currently the city budgets $350,000 for personnel savings in relation to vacancies and turnover. It is important to note that savings will not start until we reach the $350,000 threshold. Personnel reductions include a combination of recognized savings to date, director identified savings, and possible savings in regards to current vacancies. The following is a summary of the current and considered personnel reductions: Our initial evaluation of current and possible expenditure reductions resulted in a total of $1,167,167 summarized as follows: Although the expenditure reductions are significant there is an estimated remaining gap of approximately $1.3 million. In addition, there will be some impact on service levels by implementing these reductions. Approaching week 10 of the shutdown there are still many unknowns so there are many assumptions and estimates that went into these figures. We are confident that there will be a revenue shortfall gap and the following are options, listed in staff recommended order, we have to bridge that gap: 1. Legislation – Currently there are two bills at the state level that are being considered that would distribute a portion of the state’s allocation of the Federal Coronavirus Relief Fund (CARES Act) to local governments. The separate bills estimate a possible allocation of $2.8 million or $1.6 million. However, it should be noted these funds cannot act as a direct supplement to revenue loss and would only cover costs directly related to COVID-19 such as personal protective gear purchases (PPE) and cleaning supplies unless they made additional exceptions. At this point we estimate the city may be eligible the city may be currently eligible for up to $646,911 if personnel services were also eligible. Current expenditure related to COVID-19 include $628,081 in personnel services and $18,830 of supplies primarily related to personal protective equipment. In addition to the state legislation, the federal government is currently discussing the Heroes Act (Health and Economic Recovery Omnibus Emergency Solutions Act) a massive coronavirus relief bill, which would provide $375 billion in direct assistance to local governments. City staff are continually monitoring the progress of this legislation but the possibility of approval is currently unknown. Availability: Yes, if bill/act approved Potential value: State = $18,830 up to $646,911 (expenditures through 5/26/2020) Federal = $10.2 million in 2020, $5.1 million in 2021 Long-term Impacts: This would be a direct reimbursement of expenditures and would have no long- term impacts. 2. Use of General fund reserves – The fund balance policy that is currently in place calls for a year end unassigned fund balance of between 50-52% of the following years budgeted expenditures. At 12/31/19 the city has the proper $12,372,874. If we were to utilize reserves to bridge the gap, each 1% reserve reduction would equate to $237,940. To bridge the full gap the city would utilize 5.6% of reserves. If this option was utilized, we would propose a temporary change to the policy to the lower percentage with expectations to replenish over a 3-year period. Under our current operating budget policy, the City Manager may recommend utilizing a portion of fund balance reserves to supplement any revenue shortfall. In addition, with the city’s current target of 50- 52%, any significant use of fund balance would result if us falling under this percentage. As a result of falling below, we would recommend that council consider modifying the policy and decreasing the targeted balance temporarily. Availability: Yes Potential value: Funding of the full potential gap of $1.3 million would be available. Long-term Impacts: Use of fund balance to support all or a portion of the shortfall would have an impact on future years. With future balanced budgets there will be challenges replenishing this use depending on general fund activity. By definition this reserve is in place to provide cash flow through tax collections and for unforeseen circumstances. 3. Additional expenditure reductions – An option would be to propose additional expenditure reductions including operating expenditures such as payroll, supplies and professional services as well as capital outlay. As an additional note, in regards to personnel services, the average employee of the city costs approximately $100,000 including salary and benefits. For each employee laid off the city would recognize approximately 65% of savings. Availability: Yes Potential value: $100,000 - $200,000 Long-term Impacts: May impact the level of services that are provided in the short-term. If positions are not refilled it could have additionally longer-term impacts. 4. Use of Emergency Reserve – An emergency reserve fund had been established for unforeseen circumstances. The fund does not have a consistent revenue source other than interest earnings. The last time a portion of the funds were used was to cover costs related to a tornado. At 12/31/2019 the fund had a cash balance of $1,144,755. Considering COVID-19 is an unforeseen circumstance, use of these fund would be appropriate. Availability: Yes Potential value: $1,144,755 Long-term Impacts: If all or a portion of this emergency balance was used, based on policy, the City Manager would establish a plan to replenish the fund back to $1,000,000 over future years. In the end, any combination of these options will bridge the revenue shortfall for 2020, however, with the long-term effects of the pandemic unknown, the impacts will linger as we progress into the 2021 budget session and beyond. This is a very fluid situation and we don’t have all the answers to every scenario currently, but staff is continually monitoring the financial impacts as a team. Does the Council have any questions or concerns about the use of any of the options? Does the Council agree with staff’s recommended order of priority? If not, what revised order does the council prefer? M EM OR ANDUM - COU N C IL WORK SESSION DAT E:5/26/2020 TO :C ity C ounc il F R O M:C urt Bo ganey, C ity Manager T HR O UG H:Dr. R eggie Ed wards, Deputy C ity Manager B Y:Barb S uc iu, C ity C lerk S UBJ E C T:P ending Items Recommendation: S trategic P lans fo r years 2018-2020 and 2021-2023 Dis cus s io n of Mayo r/C ity C o uncil ro les & res p o ns ibilities (C ommonS ens e Inc .) Beautific atio n & P ublic Art Master P lan B ackground: S trategic Priorities and Values: O peratio nal Exc ellence