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Home My WebLink About2020 09-28 CCM Regular Session09/28/20 -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 SEPTEMBER 28, 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 6:45 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, Finance Director Mark Ebensteiner, Director of Public Works Doran Cote, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Mayor Mike Elliott opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:49 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Graves read a poem she wrote on a recent trip to Lake Superior’s North Shore. Water Works They say don’t cry, dry those tears, but tears are full of pain, fear and years Ancient and cosmic experience gestates in the womb, underwater pockets of oxygen jungles in bloom Our bodies hold the sacred nectar in abundance, is this life’s most powerful substance Meant to be honored and revered; still, many times it is overlooked and feared Taken for granted, this beauty is God’s pure magic. And just as the wind molds the surface into caps, our own life experiences shape our masks Those we wear to try to cover our true self; afraid vulnerability will tighten the belt. The ties that bind us to each other, they can be the saving grace, or oppressively smother 09/28/20 -2- So we tell one another, don’t cry. Does the sea not raise, release and roar? Letting tears flow, allow your spirit to soar Higher, freer, more in touch, with the natural element that we owe so much Like raindrops on still water, each tear that falls ripples out Touching with renewed connection, soothing the doubt Fear disappears as tears dissipate, opening our hearts to restart a clean slate Waiting in wonder for what will create Earth into divinity from origins profound, travelled through all realms, from sky to ground Reverberating in sound, echoes of the past, recognizing the first is also the last The cycle never ending. The beginning is the end Flowing in water’s grace, our spirits can ascend Like evaporated droplets, reaching out toward the sun; the journey, the evolution, a transformation begun. -April Graves 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott at 7:00 p.m. 4. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Mark Ebensteiner, Director of Public Works Doran Cote, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. September 2, 2020 Joint Work Session 2. September 8, 2020 Joint Work Session 3. September 14, 2020 Study Session 4. September 14, 2020 Regular Session 5. September 14, 2020 Work Session 6b. LICENSES Mechanical Licenses 09/28/20 -3- ACI Plumbing 6217 W. Lake St St. Louis Park, 55416 FFM LLC dba Linn Star Transfer 9440 Wright Bros Ct Cedar Rapids, IA 52404 Hearth & Home Technologies LLC dba Fireside Hearth & Home 7571 215th Street W Lakeville 55044 Pronto Heating & A/C 7415 Cahill Rd Edina 55439 Sustainable Heating and Cooling Inc. 21646 Thomas St. Wyoming, 55092 Sign Hangers Licenses Install this Awning & Sign 4835 Lyndale Ave N Minneapolis 55430 Veo Sign LLC 6353 Martin Ave NE Otsego, 55301 RENTAL INITIAL (TYPE II – two-year license) 3901 Eckberg Dr Emma Chang/EC Rental LLC RENEWAL (TYPE IV – one-year license) 5834 Camden Ave N FYR SFR Borrow LLC ‐ met requirements RENEWAL (TYPE III – one-year license) 1309 68th Ln Amanda Frost Nelson 2119 70th Ave N Ronen Shayari 6413 June Ave N Cel Monton LLC 7156 Unity Ave N Michelle Shaffer III RENEWAL (TYPE II – two-year license) 407 70th Ave N Gary Brummer 5245‐47 Drew Ave N Mai Xiong 6200 Bryant Ave N Vera Dixon ‐ missing CFH Cert. 6912 Unity Ave N Geri Lynn Williams / NJERI Enterprises LLC 3801 Woodbine La Tom Prasky II RENEWAL (TYPE I – three-year license) 6121 Brooklyn Blvd The Sanctuary at Brooklyn Center 3612 55th Ave N Lutheran Social Services of MN 2806 66th Ave N Thown Thor/Wooberg LLC ‐ missing CPTED & CFH 5025 Ewing Ave N Julie Kazmierkoski ‐ met requirements 6538 Ewing Ave N TuUyen Tran 6412 Humboldt Ave N Tou Yang 09/28/20 -4- 5338 Irving Ave N Joseph Noonan / TMC Management Corporation 4207 Lakeside Ave N #223 Douglas Hollman 4207 Lakeside Ave N #334 Vihn Mai / Next Stage Retail 6806 Perry Ave N James Archer 6325 Xerxes Ave N Linus Amajuoyi/ Associated Tender Care LLC - missing CPTED Follow up 6c. RESOLUTION NO. 2020-072 APPOINTING ELECTION JUDGES FOR THE 2020 PRESIDENTIAL GENERAL ELECTION 6d. AMEND CITY COUNCIL MEETING CALENDAR 6e. RESOLUTION NO. 2020-073 ACCEPTING FEASIBILITY REPORT AND CALLING FOR AN IMPROVEMENT PUBLIC HEARING FOR IMPROVEMENT PROJECT NOS. 2021-01, 02, 03 AND 04, GRANDVIEW SOUTH AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS 6f. RESOLUTION NO. 2020-074 APPROVING ESTABLISHMENT OF THE BROOKLYN CENTER EMERGENCY ASSISTANCE FOR DIRECT SUPPORT SERVICES PROGRAM 6g. RESOLUTION NO. 2020-075 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $5,005,000 GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2020A Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS None. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2020-05 AMENDING CHAPTER 4 OF THE CITY CODE OF ORDINANCES REGARDING WATER CONSERVATION RESTRICTIONS (SECOND READING) Public Works Director Doran Cote reviewed proposed amendments to the Brooklyn Center Water Conservation Ordinance. He added State statute requires that the City’s water supply plan is updated every 10 years, and that conservation restrictions are adopted and enforced. He noted the Ordinance addresses a critical water deficiency plan, enhances the current water sprinkling ban, and establishes violation penalties based on recommendations from the League of Minnesota Cities. 09/28/20 -5- Mr. Cote stated City Staff recommends that a public hearing be held, and that the City Council approve the 2nd reading of the Ordinance amendment regarding water restrictions. Councilmember Graves asked how the City knows when there has been a watering ban violation. She added she often sees large commercial businesses or housing developments with sprinklers on after it has rained. She noted they are probably on a timer, but it is unnecessary, and asked if that can be tracked. Mr. Cote stated the City is usually notified by an observer or bystander, or if City Staff happen to notice sprinklers are being used when there is a restriction. He added City Staff notifies the property owner that there is a violation. He noted properties that have well water, of which there are very few, are not subject to the Ordinance. Councilmember Graves asked how residents can find out about water restrictions. Mr. Cote stated, under the proposed Ordinance amendment, information will be available on the City’s website when water restrictions reach level 3 or 4. Councilmember Butler asked how the Ordinance amendment will be communicated to residents. Mr. Cote stated written notification will be sent to every property within Brooklyn Center. He added the information will also be posted in City Hall and on the website. He noted all reasonable efforts will be made to notify residents. Ryan asked whether a notice could be placed in residents’ water bills. Mr. Cote stated that is a possibility, but the City’s water bills are sent on a quarterly basis, so a direct mail notice would probably still be required in case of a water emergency declaration. Mayor Elliott moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Randy Christensen requested clarification regarding the purpose and origin of the Ordinance amendment. Mr. Cote stated the proposed Ordinance amendment is required to bring the City’s Water Emergency Plan into compliance with requirements from the Minnesota Department of Natural Resources. Mayor Elliott moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to approve the Second Reading and adopt ORDINANCE NO. 2020-05 Amending Chapter 4 of the City Code of Ordinances Regarding Water Conservation Restrictions (Second Reading). Motion passed unanimously. 09/28/20 -6- Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2020-076or Summary Publication of Ordinance No. 2020-05. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. RESOLUTION NO. 2020-077 REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2020-008 SUBMITTED BY EDUCATIONAL PROPERTIES II, INC. REQUESTING PRELIMINARY AND FINAL PLAT APPROVAL FOR NOMPENG ADDITION (6201 AND 6225 NOBLE AVENUE NORTH AND 4701 63RD AVENUE NORTH) City Planner Ginny McIntosh reviewed an application for preliminary and final plat approval for Nompeng Academy on a site comprised of three properties that is currently on the market for sale. The main portion of the property, a 13.57-acre site, was originally constructed as an elementary school in 1965 and later became Odyssey Academy, which closed in 2017. Site plan amendments were requested in 2018 for the opening of Nompeng Academy, a K-8 charter school, with improvements including onsite parking, a dry pond and bio-filtration basin, and gated bus driveway. Ms. McIntosh stated Educational Properties II acquired two single-family residential properties at the northeast corner of the school property for the purpose of additional green space for the school. The proposed re-plat would combine the two properties with the main school property as required under City Code. The Assistant City Engineer’s September 3, 2020 memo provides recommendations including requirement of a 10-foot drainage and utility easement around the parcel. The right-of-way is required to be widened along Perry Avenue to be consistent with adjacent properties. Vacation of easements must be completed through separate application with the City, and applicant has already submitted an application for review. Ms. McIntosh stated City Staff was contacted by a few residents before the public hearing at the Planning Commission meeting, expressing concerns about the purpose of the request and whether there were any development proposals for the property. She added the Planning Commissioners asked whether the sale was contingent upon City approvals, which it is not. She noted the properties are zoned R-1, and there are very few uses allowed in the R-1 district. Ms. McIntosh stated the Planning Commission unanimously recommended City Council approval of the preliminary and final plat of Nompeng Addition, subject to conditions of approval. Councilmember Graves asked whether the property owner has plans to do additional improvements for the property. Craig Kapler stated there are no additional plans for the property. He added the residential lots were acquired to increase green space. 09/28/20 -7- Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2020-XX Regarding Recommended Disposition of Planning Commission Application No. 2020- 008 Submitted by Educational Properties II, Inc., Requesting Preliminary and Final Plat Approval for Nompeng Addition (6201 and 6225 Noble Avenue North and 4701 63rd Avenue North). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. PRELIMINARY 2021 PROPERTY TAX LEVY AND BUDGET Mr. Boganey thanked the Financial Commission, City Staff, and Finance Director Mark Ebensteiner and Assistant Finance Director Andy Splinter for all their hard work in developing the preliminary budget and levy, which reflect the goals and values of the City Council, including fiscal restraint. He added this was an unusual budget process, as so much of the work was done virtually, and in the midst of dual pandemics. He noted this has taken a lot of collaboration and cooperation, to produce what he believes is a budget that reflects the values and goals of the City Council. Finance Director Mark Ebensteiner gave a presentation on the proposed 2021 preliminary tax budget and levy. He added a series of joint work sessions with the City Council and Financial Commission were held to give information and receive feedback and comments. Mr. Ebensteiner stated the proposed total City levy of $19,945.566 reflects an increase of $436,256 from 2020, and a 2.24% impact. The general levy shows an increase of 1.93% with guidance from the City Council and would result in overall estimated impact to median value home of $56. Mr. Ebensteiner presented general fund revenues by source, function and object, including a significant change to “Miscellaneous” under “Function”, showing an increase due to a fund reimbursement calculation. He added the largest percentage increase in the General Fund is Public Safety at 47%. He noted the majority of these expenses are personnel related. Mr. Ebensteiner stated the City Council’s 2021 strategic initiatives were summarized in prior work sessions, and total $466,000. Some adjustments have been made to revenues and expenditures to reduce the 1.93% maximum levy increase. City Staff will continue to evaluate initiatives and which departments they fall under within the budget. Mr. Ebensteiner stated the City’s taxable market value increased by $165 million or 7.2% for taxes payable in 2021, as they have increased for the past 7 years. Residential tax capacity decreased from 51.2% in 2020 to 50.7% in 2021, and property owners saw an increase in the median value home from $198,000 in 2020 to $207,000 in 2021, which is the highest level since 2008. Mr. Ebensteiner showed a comparison of peer cities showing an annual levy increase from year to year. He added the City’s adopted levy increase follows other Minnesota cities. He noted statewide increases have been driven by factors including infrastructure costs. 09/28/20 -8- Mr. Ebensteiner stated property tax rates in Brooklyn Center tend to be higher than comparable peer cities due to low tax base and tax capacity as well as the use of TIF financing. He added property tax rates have decreased over the past few years and will decrease again in 2021. He noted the City’s tax rate must be higher than other cities to generate the same property tax revenue per capita. Mr. Boganey stated he has received comments from residents regarding the high tax rate in Brooklyn Center. He added Minnesota has a complex taxing system, with no direct correlation between the tax rate and the taxes that are collected. He noted the City must see an increase in taxable capacity and values to see a lower tax rate. Mr. Ebensteiner stated City Staff recommends City Council approval of two resolutions approving the preliminary levy and adopting the preliminary 2021 budget. He added joint study sessions will continue through October and November to review special revenue, debt service, utilities, and enterprise and internal service funds. He noted a public hearing and adoption of the final tax levy and budget is scheduled for December 7, 2020. Mayor Elliott stated he is happy to see further adjustments to the budget, which reduces the total tax burden on residents from what was originally proposed. He added this takes into account the current financial crisis as well as the importance of providing critical services and initiatives that respond to the changing conditions created by the pandemic and other issues such as systemic racism. He noted the City Council, like many City Councils around the country, is working to achieve balance in these important areas, and will continue to work toward a final budget. Councilmember Graves thanked Mr. Ebensteiner for his presentation. She asked where the money will come from that will fill the gap on some of the Council priorities. Mr. Boganey stated, due to the short turnaround time, City Staff were able to make a relatively small increase in revenue from building permits that are not related to the Opportunity Site. He added the other adjustment is a reduction in the $100,000 contingency, which will be restored to its regular balance before December 2020. Councilmember Graves requested that the City Council continue to receive updates and information as City Staff moves forward with that. Mr. Boganey agreed Councilmember Graves requested clarification regarding tax capacity, which seems to be an unequitable economic situation. She added tax rates go down when tax capacity goes up. She asked whether that can be addressed, as it impacts so many people, and maybe provide an example for other communities of how it can be done. Mr. Boganey stated Minnesota focuses less on the tax rate than other states, where there is a direct correlation between tax rates and taxes. He added Minnesota’s tax law is written so that tax rate changes are based on how values change over time, with rate differences related to the taxable capacity of other communities. 09/28/20 -9- Mr. Boganey stated the City Council can address questions of equity through the decisions they make regarding community development and redevelopment. He added new development, growth in values, and increased commercial property tax base make it feasible for the City Council to make policy decisions and influence issues of equity. Councilmember Graves stated the City Council is already involved in many of these efforts, working with City Staff to implement strategies, but often does not have a lot of control over the tax burden. She added it seems that something needs to change when poor cities have a larger tax burden than cities with more wealth. Mr. Boganey stated the tax burden relates to how much taxes fall on which property owners, and the Minnesota tax system is generally more equitable, because the property tax is regressive, and residential properties under a certain value get a tax break. Tax capacity rates applied to industrial properties are higher than single family homes, so industry pays a higher share. The tax capacity concept was developed to be more equitable and ensure that homeowners assume a smaller share of the actual tax burden. Councilmember Butler thanked City Staff for the presentation, and for making the necessary changes with such tight turn around. She asked whether the new homes off Highway 252 that are being built will impact future budgets, as they add to the City’s new housing stock. Mr. Boganey stated the 30 new homes will expand the City’s tax capacity, which has the effect of reducing the overall tax rate. He added he can provide additional details. Councilmember Butler asked whether that would affect the next year’s budget. Mr. Boganey stated properties are assessed in January for taxes payable for the following year. Councilmember Ryan thanked City Staff for working hard to deliver a budget that reflects the City Council’s collective values and goals. He added this has been a year like no other, and the City Council has approved things this year that he would not have thought appropriate for the City, that generally fall under the County’s responsibility. He added, however, this year he is pleased that consideration was made, and the City Council broke the mold, as these efforts will support residents with the greatest need in the coming year. Councilmember Ryan asked whether Minnesota still a “circuit breaker” policy for property tax for homestead properties, and if current income relative to property valuation increase triggers a tax refund for eligible residents. He added this has been a policy of the State of Minnesota that helps weight the tax system toward equity and provide tax relief for low income residents with a significant property valuation increase. Mr. Ebensteiner confirmed this. Councilmember Graves thanked Councilmember Ryan for that additional information, and also for his continued work thinking outside the box of his previous work with the City Council. She expressed appreciation for his willingness to work toward making smart choices that will provide support for the City’s residents. Mayor Elliott stated he echoes the comments of the Councilmembers, and recognizes Councilmember Ryan’s comment that investments are needed due to the changing nature of the 09/28/20 -10- environment and the needs of the community, that would not typically have been considered in the past. He added these changes will help Brooklyn Center become a better, stronger community, and a model for other communities as well. Councilmember Lawrence-Anderson stated she is pleased with the budgets and the changes that were incorporated so quickly, as they are necessary for the changing community. She added she is pleased that there is virtually no impact to residents. She thanked the Finance Department staff, City Manager, and Financial Commissioners for their hard work and efforts in reviewing and modifying the budget. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2020-078 Approving a Preliminary Tax Capacity Levy for the General Fund and Debt Service Funds and a market value tax levy for the Housing and Redevelopment Authority for property taxes payable in 2021. Motion passed unanimously. Councilmember Graves moved and Mayor Elliott seconded to adopt RESOLUTION NO. 2020- 079 Adopting a Preliminary Budget for the 2021 Fiscal Year. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Graves stated, on Saturday, September 26, 2020, she participated in a women’s brunch hosted by Inner Hero, an organization that provides activities and events for the Brooklyn Center, Brooklyn Park, and North Minneapolis communities, including initiating police/community dialogues and scheduling sports activities for youth. She added she was a guest speaker at the event, along with Hennepin County Lead Public Defender Mary Moriarty, discussing criminal justice and police injustice issues as well as re-entry and restorative justice. She recognized Mary Moriarty and the Inner Hero organization. She encouraged everyone to learn about the work Ms. Moriarty does for Inner Hero. 12. ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:23 p.m. Motion passed unanimously. 09/28/20 -11- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City 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 September 28, 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 October 12, 2020, Regular Session. Barbara Suciu, City Clerk Mike Elliott, Mayor