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Home My WebLink About2020 05-11 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 WHIN NESOTA 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 Milce Elliott at 6*53 p.m. The meeting was conducted via Webex. ROLL CALL Mayor Milce 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. OS/11/20 -1- 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 fi•om 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 Darling Ingredients Dick's Sanitation Service Inc MECHANICAL LICENSE 4FrontEnergy Solutions 4025 85th Ave N Brooklyn Park 55443 9000 382nd Ave Blue Earth 56013 8984 215th Street West Lakeville 55044 3230 Gorham Ave Ste 1 St Louis Park, 55426 OS/11/20 -2- 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 Blue Ox Heating &Air LLC Burnsville Heating & A/C, Inc CenterPointEnergy Centraire Htg & A/C Inc Corporate Mechanical Corval Constructors, Inc St Michael, 55376 5720 International Pkwy New Hope, 55428 3451 Burnsville Pkwy Ste 120 Burnsville, 55337 6161 Golden Valley Rd Golden Valley, 55422 6811 Washington Ave S Edina, 55439 5113 Hillsboro Ave N New Hope, 55428 1633 Eustis St St Paul, 55108 D J'S Heating & Air Cond. 6060 LaBeaux Ave NE Albertville, 55301 D15er Inc 820 Tower Drive Medina, 55330 Elite Refrigeration Heating & A/C, LLC 9324 November Dr St Joseph, 56374 Elk River Heating & Air Conditioning Inc I 1110 Industrial Cir NW #F Elk River, 55330 Genz-Ryan Plbg & Htg 2200 W Hwy 13 Burnsville, 55337 Glowing Hearth & Home 100 Eldorado Dr Go Fetsch Mechanical LLC Harris St Paul Inc Hoffman Refrigeration &Heating Home Energy Center Homeworks Services Co Horwitz Inc Jordan, 55352 oreview oreview 565 ShParlc Rd Sh, 55126 909 Montreal Cir St Paul 55102 5660 Memorial Ave N Stillwater, 55082 2415 Annapolis Ln N Ste 170 Plymouth, 55441 1230 Eagan Industrial Rd #117 Eagan, 55121 7400 49th Ave N New Hope, 55428 Infinity Heating &Air Conditioning LLC 1017 Meadowwood Dr KraH Contracting LLC Brooklyn Park, 55444 3415 Ventura Dr Ste 100 Woodbury, 55125 OS/11/20 -3- 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 Minnetonka Plumbing, Inc Neighborhood Plbg & Htg Northern Heating & A/C Inc 682 39th Ave NE Minneapolis, 55421 520 River Street S Delano, 55328 130 Broadway Ave N Foley, 56329 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 Ray Welter Htg Co Royalton Heating & A/C Sabre Plumbing, Heating & A/C St Cloud Refrigeration Schadegg Mechanical, Inc South -Town Refigeration Standard Heating Treated Air Conditioning SIGNHANGER'S LICENSE Archetype Sign Makers Elements Inc Jones Sign Company Pajor Graphics Inc Scenic Sign Signart Company 725 Tower Dr Hamel, 55340 4637 Chicago Ave S Minneapolis, 55407 4120 85th Ave N Brooklyn Park, 55443 15535 Medina Rd Plymouth, 55447 604 Lincoln Ave NE St Cloud, 56304 225 Bridgepoint Dr So. St Paul, 55075 6325 Welcome Ave N Ste 200 Brooklyn Park, 55429 130 Plymouth Ave N Minneapolis, 55411 9954 166th Court Becker, 55308 9611 James Ave S Bloomington, 55431 10044 Flanders Ct NE Ste 100 Blaine, 55449 1711 Scheuring Rd DePere, WI, 54115 1301 Washington Ave N Minneapolis, 55411 Company PO Box 881 St Cloud, 56302 2933 Mondovi Rd OS/11/20 -4- Spectrum Sign Systems Inc Tupline Advertising Eau Claire, WI, 54701 8786 W 35W Service Dr NE Blaine, 55449 11775 Justen Circle #A Maple Grove, 55369 RENTAL INITIAL (TYPE IV — one year license) 5019 61 st 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 — ttivo 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 Heiman RENEWAL (TYPE II — ttino 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 1 Ob. 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 1 Oc. 6e. RESOLUTION NO, 2020-039 IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT (LCDA) FUNDING OS/11/20 -5- 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 fiom server logs. OS/11/20 -6- 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 completi Don 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 W 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 CurtBoganey 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. OS/11/20 -7- Councilmember. Ryan moved and Counciimember 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. Beelunan 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 A 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. OS/11/20 -8- 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 fiom 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. lOb. 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 Beelcrrran 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. OS/11/20 -9- lOc. 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. OS/11/20 -10- 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 adjourmnent of the City Council meeting at 8:26 p.m. Motion passed unanimously. OS/11/20 -11- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Cleric 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 Cleric ike Elliott, Mayor OS/11/20 -12-