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HomeMy WebLinkAbout2020 12-14 CCM Regular SessionMINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 14, 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 6:58 p.m. The meeting was conducted via Webex. rrOr.r. Cnr.r. Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, and Dan Ryan. Councilmember Kris Lawrence -Anderson did not respond. Also present were City Manager Curt Boganey, Finance Director Mark Ebensteiner, Community Development Director Meg Beekman, City Engineer Mark Albers, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. Mayor Mike Elliott opened the meeting for the purpose of Informal Open Forum. Diane Sannes, 7006 Willow Lane, recognized Brooklyn Center resident Mary Ellen Vetter, a recent recipient of the AARP's "50 Over 50 Award", as noted in the Minneapolis Star -Tribune. Ms. Sannes stated Ms. Vetter has lived in the Palmer Lake area of Brooklyn Center since 1952, and has done much for the community, and is deeply rooted in her belief that she can make a difference. She has been a local leader working tirelessly on environmental causes, including Osprey Wild, an environmental learning center for youth; assisting with formation of the Brooklyn Center Conservation Commission; one of the founders of the Palmer Lake Environmental Preserve; publication of "The Brooklyns" history when she served as the President of the Brooklyn Center Historical Society. She noted Ms. Vetter is hardworking, humble, patient and wise. Mayor Elliott thanked Ms. Sannes for highlighting the life and work of Mary Ellen Vetter, whose work has laid the groundwork for the beautiful environment enjoyed' by Brooklyn Center residents today. He added he will reach out to Ms. Vetter on behalf of the City Council to offer thanks and congratulations. Councilmember Graves expressed her gratitude to Ms. Sannes for bringing Ms. Vetter's accomplishments before the City Council. She added she appreciates the City's rich history, especially other women leaders in the community. She noted an official recognition could be given to Ms. Vetter by the City of Brooklyn Center. She asked when Ms. Vetter's birthday is. Ms. Sannes stated it is December 23. 12/14/20 -1- Councilmember Butler echoed the sentiments of Councilmember Graves. She added Ms. Sannes gave her a copy of "The Brooklyns" when she was first elected, and although she grew up in Brooklyn Center, she did not know a lot of the history. She expressed her support for formal recognition for Ms. Vetter. Mayor Elliott called for a recess at 7:10 p.m. The City Council reconvened at 7:20 p.m. Reordering of A eg nda City Clerk Barb Suciu stated, for purposes of clarification, the following Agenda changes were made during the Study Session: Item 1 Ob — Resolution in Support of Ethiopian Community; Item 6g - Setting Salaries was moved to Item 1 Oc; and Item 6n — Coronavirus Relief Fund was moved to Item 10d. Councilmember Ryan made a motion, seconded by Councilmember Butler, to approve the Agenda and Consent Agenda as amended. City Attorney Troy Gilchrist stated, as a point of order, several Agenda Items were omitted and should be addressed first. 2. INVOCATION Councilmember Graves read a Winter Solstice poem as the Invocation, in the spirit of the season. She stated the Winter Solstice is a special day, and it is also her 40th birthday. She added the Solstice is a time of reflection, especially during this year which has forced us to move slower and take a deeper look inside. A Winter Solstice Blessing May you find peace in the promise of the solstice night, That each day forward is blessed with more light. That the cycle of nature, unbroken and true, Brings faith to your soul and well-being to you. Rejoice in the darkness, in the silence find rest, And may the days that follow be abundantly blessed. May the longest night and shortest day, Bring rest to your soul and mind I pray. May you find guidance and find peace, As the cycle of will light slowly increase. Embrace the magic that the darkness bears, Breathe deep in the chill and sift in the air. May you always be blessed with the light from within, And may well-being be yours as the new cycle begins. Nature remembers what we humans have forgotten, 12/14/20 -2- Every cycle must return to stillness, silence and dark, Every out breath requires an in breath, Every outer endeavor turns back inward to its origins, its center, and begins again From death comes new life, and from darkest night the new dawn is born. She wished everyone a happy Solstice. Mayor Elliott wished her a happy birthday in advance. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott at 7:27 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, Finance Director Mark Ebensteiner, Community Development Director Meg Beekman, City Engineer Mark Albers, 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 Ryan moved and Councilmember Butler seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Regular Session Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. November 13, 2020 - Canvassing Board Meeting 2. November 23, 2020 - Study Session 3. November 23, 2020 — Regular Session 4. November 23, 2020 Work Session 5. November 30, 2020 Work Session 6b. LICENSES Hospitality Accommodations Brooklyn Center Hotel Group LLC DBA Fairfield by Marriott Mpls N Liquor 3.2% Off Sale City of Brooklyn Center 6250 Earle Brown Dr Brooklyn Center MN 55430 6301 Shingle Creek Pkwy 12/14/20 -3- DBA Centennial Park Brooklyn Center MN 55430 City of Brooklyn Center 7112 Bryant Ave N DBA Evergreen Park Brooklyn Center MN 55430 Diamond Lake 1994 LLC 3245 Co Rd No 10 DBA Cub Foods Brooklyn Center MN 55430 Northern Tier LLC 1901 - 57th Ave N DBA Speedway #4058 Brooklyn Center MN 55430 Northern Tier LLC 6950 Brooklyn Blvd DBA Speedway #3192 Brooklyn Center, MN 55429 Northern Tier LLC 6545 West River Road DBA Speedway #4160 Brooklyn Center, MN 55429 Liquor 3.2% On Sale Brooklyn Center Restaurant Inc. 5524 Brooklyn Blvd DBA 50's Grill Brooklyn Center, MN 55429 Davanni's Inc. 5937 Summit Drive DBA Davanni's Pizza & Hot Brooklyn Center, MN 55430 Hoagies Liquor On -Sale Club Duoos Bros. 6110 Brooklyn Blvd DBA American Legion Post 630 Brooklyn Center, MN 55429 Liquor On -Sale Intoxicating Apple Minnesota LLC 1400 Shingle Creek Crossing DBA Applebee's Neighborhood Brooklyn Center, MN 55430 Grill & Bar City of Brooklyn Center 5500 Lilac Dr DBA Centerbrook Golf Course Brooklyn Center, MN 55430 Compass Group 6155 Earle Brown Drive DBA Flik International - EBHC Brooklyn Center, MN 55430 Jambo Africa 1601 Freeway Blvd DBA Jambo Africa Restaurant Brooklyn Center, MN 55430 and Bar Liquor On -Sale Sunday Sales Apple Minnesota LLC 1400 Shingle Creek Crossing DBA Applebee's Neighborhood Grill &Bar Brooklyn Center, MN 55430 City of Brooklyn Center 5500 Lilac Dr 12/14/20 -4- DBA Centerbrook Golf Course Compass Group DBA Flik International - EBHC Duoos Bros. DBA American Legion Post 630 Jambo Africa DBA Jambo Africa Restaurant and Bar Liquor - On -Sale Wine Brooklyn Center Restaurant Inc DBA 50's Grill Davanni's Inc. DBA Davanni's Pizza & Hot Hoagies Mechanical Licenses Advanced Heating & Air Conditioning Anderson Residential Heating & A/C Apollo Heating & Air Fair Heating and Air LLC Knott Mechanical Inc. Major Mechanical Inc Midland HVAC United States Mechanical, Inc Tobacco Related Product Diamond Lake 1994 LLC DBA Cub Foods Jambo Africa DBA Jambo Africa Restaurant and Bar Northern Tier Retail LLC DBA Speedway #4058 Brooklyn Center MN 55430 6155 Earle Brown Drive Brooklyn Center, MN 55430 6110 Brooklyn Blvd Brooklyn Center, MN 55429 1601 Freeway Blvd Brooklyn Center, MN 55430 5524 Brooklyn Blvd Brooklyn Center, MN 55429 5937 Summit Drive Brooklyn Center, MN 55430 10550 County Rd 81 Maple Grove MN 55369 1628 County Rd 10 #34 Spring Lake Park MN 55432 1167 Viking Dr. E. Maplewood MN 55109 2925 Norway Circle S. Cambridge MN 55008 3961 Quebec Ave N New Hope MN 55427 11201 86t' Ave N. Maple Grove MN 55369 4804 Park Glen Rd. St. Louis Park MN 55416 3526 88th Avenue NE Blaine MN 55449 3245 Co Rd No 10 Brooklyn Center MN 55430 1601 Freeway Blvd Brooklyn Center MN 55430 1901 57th Ave N Brooklyn Center MN 55430 12/14/20 -5- Northern Tier Retail LLC DBA Speedway #3192 Northern Tier Retail LLC DBA Speedway #4160 Walmart #5625 RENTAL INITIAL (TYPE IV— one-year license) 5211 Xerxes Ave N INITIAL (TYPE III — one-year license) 4806 Twin Lake Ave 6730 Ewing Ave N 6950 Brooklyn Blvd Brooklyn Center MN 55429 6545 West River Rd Brooklyn Center MN 55430 1200 Shingle Creek Parkway Brooklyn Center MN 55430 RENEWAL (TYPE IV— one-year license) 7131 Kyle Ave N 7100 Lee Ave N RENEWAL (TYPE III — one-year license) 6740 Grimes PI Victoria Townhouses 4748-52 Twin Lake Ave RENEWAL (TYPE II — two year license) 4450 58th Ave N Basswood Apartments 201 65th Ave N Riverwood Estates 3407 65th Ave N Granite City Apartments 6710 Orchard La N Marvin Gardens Townhouses 6919 France Ave N 5407 Irving Ave N BMW Holdings / HBG Andrew Syrup Zafar Khamdamov / Sogdiana LLC Philip Littlefield - missing CFH Certificate Selene Avendamo - missing CPTED Inspection Patrick Gaughan - met requirements Grant & Pam Osgood - missing CPTED inspection Halverson Blaiser Group Donald Kasbohm Chris Kohler Randolph Zejdlik / Redevco Mgt Co Benjamin Heimantin Mark Gonzales RENEWAL (TYPE I — three-year license) 3706 55th Ave N Teresa Williams / Mains'1 Properties 5901 Aldrich Ave N FYR SFR Borrow LLC 6c. APPROVAL OF THE 2021 CITY COUNCIL MEETING SCHEDULE 6d. RESOLUTION NO. 2020-119 DESIGNATING POLLING PLACES FOR THE 2021 ELECTION 6e. AMENDMENT APPROVING HENNEPIN COUNTY VIOLENT OFFENDER'S TASK FORCE AGREEMENT 12/14/20 -6- 6f. JUVENILE PROBATION CLIENT DELINQUENCY PREVENTION INITIATIVE 6g. RESOLUTION SETTING SALARIES FOR CALENDAR YEAR 2021 — This item was considered as Agenda Item 1 Oc. 6h. RESOLUTION NO. 2020-121 RELATING TO THE ISSUANCE OF CONDUIT REVENUE BONDS TO FINANCE THE COSTS OF A MULTIFAMILY HOUSING DEVELOPMENT (THE CREST APARTMENTS PROJECT) 6i. RESOLUTION NO. 2020-122 AUTHORIZING ACQUISITION OF EASEMENTS FOR BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 2 IMPROVEMENTS, PROJECT NO.2021-05 6j. RESOLUTION NO. 2020-123 ACCEPTING FEASIBILITY REPORT, DECLARING COSTS TO BE ASSESSED AND CALLING FOR IMPROVEMENT AND ASSESSMENT PUBLIC HEARINGS FOR IMPROVEMENT PROJECT NO. 2021-17, LYNDALE AVENUE AREA PAVEMENT REHABILITATION 6k. RESOLUTION NO. 2020-124 ACCEPTING FEASIBILITY REPORT, DECLARING COSTS TO BE ASSESSED AND CALLING FOR IMPROVEMENT AND ASSESSMENT PUBLIC HEARINGS FOR IMPROVEMENT PROJECT NO. 2021-06, NORTHWEST AREA MILL AND OVERLAY 61. EXTENSION OF CIVIL LAW SERVICES RFP TIMELINE FOR ONE YEAR 6m. RESOLUTION NO. 2020-125 ACCEPTING FEASIBILITY REPORT, DECLARING COSTS TO BE ASSESSED AND CALLING FOR IMPROVEMENT AND ASSESSMENT PUBLIC HEARINGS FOR IMPROVEMENT PROJECT NOS. 2021-08, 09, 10 AND 11, RYAN LAKE INDUSTRIAL PARK AREA STREET AND UTILITY IMPROVEMENTS 6n. CORONAVIRUS RELIEF FUND (CRF) LOCAL GOVERNMENT EXPENDITURE REPORT — This item was considered as Agenda Item 1 Od. Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RE COGNITIONS/DONATIONS 7a. PRESENTATION BY THE HIGHWAY 252 SAFETY TASK FORCE REGARDING THEIR COMMUNITY SURVEY ON HIGHWAY 252 12/14/20 -7- IMPROVEMENTS Mayor Elliott welcomed the Highway 252 Task Force, who completed community surveys and compiled the results. He added the City Council recognized this Task Force by Resolution, which had been formed in the community regarding the Highway 252 project. City Cleric Barb Suciu played a video of Highway 252 Task Force members giving a presentation on the results of the community survey. Stephen Cooper, a member of the Task Force, reviewed the Highway 252 project goals. Safety was replaced by other goals. The Minnesota Department of Transportation (MnDOT) plans to divert more traffic onto Highway 252 if it is made into an expressway. All other noith/south routes other than Highway 252 will have less traffic than they have today. Mr. Cooper stated the survey was distributed throughout the Highway 252 corridor, with 166 people responding. Residents were asked 27 questions regarding the future of Highway 252. Copies of the survey and answers were provided for the City Council. The results were clear - 99% of those who responded wanted public engagement; most did not want an expressway; supported following safety rules; not increasing pollution; protecting the Mississippi River; and improving but not harming Brooklyn Center. Tom Kouri, a member of the Task Force, reviewed community engagement. Residents indicated they want upfront presentations and public feedback before a particular plan is selected. MnDOT pledges ongoing engagement and relationship -building with the public, which is not happening. MnDOT has indicated that community members should contact city Staff directly. The City Council has expressed inclusive community engagement as a strategic priority. We are not seeing transparency and responsiveness. The Task Force has reached out to City Staff and asked to share plans, but they have been unwilling to meet with the Task Force. The City Council and City Staff should make this the best possible project for Brooklyn Center residents. Public engagement must be done from the beginning of a project before decisions are made. Bill Newman, a member of the Task Force, stated the principal benefit of a freeway conversion would be improved safety. MnDOT is also focused on moving large volumes of traffic through Brooklyn Center. Survey participants were asked to rank a dozen issues, and safety was ranked #1. Over 63% of survey participants did not favor converting Highway 252 to an expressway. Over 94% of survey participants support having MnDOT follow their safety guidelines, and 95% support interchange safety. 90% of participants support a one -mile spacing between interchanges, and 94% support compliance with minimum safe ramp distances, as provided in the MnDOT design manual on ramp spacing, noting minimum ramp spacing of 2,000 feet. The Task Force recommends that the City Council read the MnDOT report on relative risk curve data. Mr. Newman stated the City should conduct an independent road safety audit using the Federal Highway Administration's interchange safety analysis tool to model crash risk and safety at each individual interchange. Averaging multiple interchanges is not acceptable. 12/14/20 -8- Tara McCarthy, a member of the Task Force, reviewed survey results related to the environment and other issues. Survey participants indicated concern about noise, air and waste pollution. 78% of participants feel that protecting the Mississippi River is important, and the interchange should not be near the riverbanks. Communities along the Highway 252 corridor, including Brooklyn Center, have the highest rate of asthma -related emergency room visits. Motor vehicle emissions contribute to health problems, and people with respiratory illnesses are at higher risk for Covid-19. Brooklyn Center currently has some of the highest Covid-19 infection rates in the State of Minnesota. Ms. McCarthy stated 90% of survey participants felt that sound barriers are very important, and pollution control should be a top priority. She thanked Mayor Elliott, the City Council and City Staff for listening to the presentation and receiving the results of the resident survey. She added this is an important subject, and the Task Force wants to help in any way possible, so a heartfelt effort is being put into this research in an effort to keep the City safe and ensure that Highway 252 is a benefit to Brooklyn Center. Mr. Cooper thanked the City Council for listening to these issues, as well as members of the public who may be listening. Citizens want transparency and engagement throughout the project, and safety should be restored as a key element. Brooklyn Center and the City Council must take ownership of this project, so we can get it right. Mayor Elliott thanked the Task Force members for their presentation. He stated where we are going in Brooklyn Center is a safer, healthier, more thriving, environmentally friendly community. He added it is not where we are today. He noted Covid-19 is disproportionately affecting the community and it is known that environmental factors can cause respiratory illnesses, which makes it so that people are more affected by the virus and could die from the virus. Mayor Elliott stated the City Council passed a Resolution recognizing the Task Force and giving them the ability to receive information from other governmental entities. He added he is disturbed to hear that the Task Force has had difficulty receiving information from City Staff and MnDOT on this public project. He noted the City Council should direct City Staff to provide information to the Task Force, in the interests of transparency. Councilmember Butler thanked the Task Force for all the work they have done, for the thorough report on the survey, and successful community engagement. She added this is only a segment of the population, but it is the best information we have gotten so far, in terms of engagement. The City Council receives piecemeal information on big projects, and we need to figure out how to disrupt that, although the City Council's last meeting with MnDOT was productive. She noted she supports bringing in external experts who do not have a stake in the project to ensure the best evaluation for Brooklyn Center. She expressed the importance of determining the price tag. Councilmember Ryan stated, to the issue of an independent review or expert, several years before the Mayor was elected, the City engaged SRF and other outside expert consultants with 12/14/20 -9- experience in freeway interchange conversions, to assist City Staff, who have always been committed to representing the interests of the City, to ensure that the City Council makes well- informed policy decisions. He added safety has never been less than a top priority for all concerned. He noted he appreciates that there will not be universal agreement from all interested parties as to what is the best design solution for the conversion from the highway's present state, with many unsafe intersections, to a safer freeway model. Councilmember Ryan stated there has been a major reset to the project as the planning process was changed from an environmental assessment to the detailed and lengthy Environmental Impact Statement. Prior to the shift to an EIS, there had been extensive community engagement, with many meetings attended by City Council and community members throughout the corridor, who were engaged in the process and gave their thoughts on the project. A new additional citizen engagement component will be added as part of the EIS. He noted he takes issue with the assertion that there has been no citizen engagement. Councilmember Ryan stated the City Council should review adjustments or changes and how to direct City Staff to proceed. He added, at this point in the presentation, the City Staff has the survey results and the presentation, and they will know what to do with this information. Councilmember Graves thanked the Task Force for their hard work on the survey and presentation. She added it has been important throughout this process to get the project on MnDOT's radar, to make sure the City is not left out of long-term planning. She noted she feels that saying community engagement is necessary from the very beginning of a lengthy project is true but convoluted, especially in the timeline of a project of this size. She noted Councilmember Ryan's comments allude to that. Councilmember Graves stated the presentation brought up some questions for MnDOT regarding whether the plan is to reduce traffic on other nearby north/south highways, and the engagement process that they use in other communities. It would be helpful to review a history of engagement up to this point, and how demographics may or may not have changed. She added she is not opposed to engaging an outside expert. Mr. Cooper stated Councilmember Grave's questions are excellent. He added some answers might be available in your materials, and the Task Force will try to provide answers, but it would be appreciated if these questions could be asked of MnDOT as well. Mr. Cooper stated MnDOT and consultants never told us that they were violating the 1-mile requirement, and minimum distance of 2,000 feet, when they recommended 1/3 mile. He added the Task Force wants to get neutral answers, and the City should engage an expert that is not part of the design team. He noted he is pleased that people want more answers. Mayor Elliott stated he would like to work with City Staff to schedule a follow-up meeting; get input and information from other local mayors regarding similar engagement processes; and invite a local transportation expert to present at a City Council meeting. He added he is happy with the direction the City is moving in to address this process, and he supports the Task Force's recommendation that the City Council should take ownership. 12/14/20 -10- Mayor Elliott stated City Staff should provide any requested information to the Task Force, as there is no reason that the City should keep information from them. He requested that City Staff ask MnDOT to do the same. City Manager Curt Boganey stated the City Council's previous Resolution made it clear that City Staff should provide information to the Task Force, and City Staff have always agreed to provide information to the Task Force and will continue to do so. Mr. Cooper stated he appreciates Mr. Boganey's current comments, but they are inconsistent with the experiences of the Task Force. He added they have requested meetings and asked for information from both City Staff and MnDOT. He noted the Task Force can work this out with City Staff. Mayor Elliott stated City Staff should meet with the Task Force when they request information. He added the Task Force should be part of the process, and they have proven very helpful to the City Council in understanding this large project. Mr. Boganey stated City Staff are more than happy to provide information. He added he will not request that City Staff engage in unproductive meetings, but they will provide any information that is asked for. Mayor Elliott asked what is considered productive in terms of meetings. He asked whether City Staff have met with the Task Force. Mr. Boganey stated he is sure there have been meetings. Mr. Cooper stated there have been no meetings despite repeated requests. Mayor Elliott requested that City Staff meet with the Task Force and provide them with the information they require. Councilmember Ryan reminded everyone that the Environmental Impact Statement process will require a great deal of citizen engagement. He added the City Council seems divided about whether to accept recommendations tonight for adjusting its policy, and the City Council should receive the Task Force Report, after which City Staff will know what to do with the survey and its results, which can be revisited by the City Council at a later date. Mayor Elliott stated he will write a letter to MnDOT and ask them to work with the Task Force. Mayor Elliott moved and Councilmember Butler seconded to receive the Presentation from the Highway 252 Task Force regarding their Community Survey. Motion passed 4-0. Councilmember Lawrence -Anderson did not respond. 8. PUBLIC HEARINGS 8a. RESOLUTION NO. 2020-127 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2021-01 AND 2021-02, GRANDVIEW SOUTH 12/14/20 -11- AREA STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS City Engineer Mike Albers reviewed Grandview South Area Street and Storm Drainage Improvements. He requested City Council consideration of a Resolution certifying assessments for the project to the Hennepin County Tax Roll. Mr. Albers stated all property owners proposed to be assessed have been notified by mail of this assessment hearing and their proposed assessment amount. Property owners may appeal the special assessment. City Staff have not received any appeals prior to this evening. Anyone who appears tonight and objects to special assessments can be referred to City Staff for review. Mr. Albers reviewed recommended improvements, including sanitary sewer replacement; partial replacement of water main; replace storm structures; replacement of streetlights; street and sidewalk improvements, and restoration of driveways and boulevards within the project areas. The overall project cost of $11.8 million is proposed to be covered under several different funds. Mr. Albers reviewed special assessments, estimated amounts and payment options. The City does not accept partial prepayments but there is an option for deferment if property owners meet requirements. Property owners with questions can contact the Engineering Department at 763- 569-3340. Mr. Albers stated, if assessments are approved, the City Council will review plans and specifications in January 2021 and the project will be bid in February or March 2021, with construction commencing in April 2021 and completion by October 2021. City Staff recommends that the City Council hold a public hearing, and adopt the Resolution certifying special assessments for the project to the Hennepin County Tax Rolls. Councilmember Ryan stated the City is in the 28th year of the comprehensive Street Utility Replacement Program, under which all City streets and much of the infrastructure has been renewed. He added this illustrates how important it is to stay the course and continue this program. Councilmember Ryan moved and Mayor Elliott seconded to open the Public Hearing. Motion passed unanimously. There were no comments. Mayor Elliott moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed 4-0. Councilmember Lawrence -Anderson did not respond. Mayor Elliott asked whether Councilmember Lawrence -Anderson was still on the meeting. Ms. Suciu stated Councilmember Lawrence -Anderson initially emailed her that she had joined the meeting. She added she may be having problems. 12/14/20 -12- Mayor Elliott requested that Ms. Suciu attempt to contact Councilmember Lawrence -Anderson and offer assistance. Ms. Suciu agreed. Councilmember Ryan stated the conditions of City streets and utility systems are critical to the health and well-being of the entire community. He added the proposed project is necessary, cost effective and feasible, and the City's residents recognize the value of the City's ongoing infrastructure replacement program. Councilmember Ryan moved and Mayor Elliott seconded to adopt RESOLUTION NO. 2020- 127 Certifying Special Assessments for Improvement Project Nos. 2021-01 and 2021-02, Grandview South Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls. Motion passed 4-0. Councilmember Lawrence -Anderson did not respond. 8b. ORDINANCE NO. 2020-08 AMENDING ORDINANCE NO. 2018-08 REGARDING COUNCIL SALARIES FOR 2021-2022 Mr. Boganey reviewed Brooklyn Center's process for setting City Council salaries through review and recommendation by the Financial Commission. Salary adjustments must be completed in advance of the new City Council taking office in January 2021. The Financial Commission met recently and reviewed sample salaries in peer cities and recommended a salary adjustment of 2%. Mr. Boganey stated City Staff recommends that the City Council amend the Ordinance related to City Council salaries for 2021-22. Mayor Elliott asked who provided research and recommendations to the Financial Commission. Mr. Boganey stated Finance Director Mark Ebensteiner is the City Staff Liaison to the Financial Commission, and he does the leg work and provides information, but does not make a recommendation. Mayor Elliott asked what information is gathered and presented to the Financial Commission. Finance Director Mark Ebensteiner stated a 5-year comparison survey of City Council salaries at peer cities was completed by City Staff, using the same peer group that has been used in the past. He added he provided that data to the Financial Commission, as their staff liaison, and the Financial Commission provided the proposed recommendation. Mayor Elliott asked whether the Financial Commission receives any other information besides peer city comparisons. Mr. Ebensteiner stated the Financial Commission also reviews different percentage equations, which led them to recommend a 2% increase by consensus. Mayor Elliott asked whether the Financial Commission considered the actual work of the Councilmembers in figuring out the recommended salaries. Mr. Ebensteiner stated the data that 12/14/20 -13- was used included population and size of peer cities, but no additional information was provided related to the number of hours worked or number of meetings attended. Mayor Elliott stated, in terms of number of hours and meetings, the City Council has been actively engaged in a variety of issues due to the pandemic. He added 2% is 1% less than inflation, which tends to be about 3%. He noted a 2% increase is basically a pay cut or decrease in salary. He asked if that was taken into account. Mr. Ebensteiner stated the Financial Commission meeting minutes are available for review. He added they had a good discussion, but he is not able to speak to their motive for recommending 2%. He noted the Financial Commission expressed their appreciation for the hard work of the City Council. Mr. Boganey stated data from 10 peer cities is reviewed and considered. He added these are the same 10 cities that were established for review by policy approximately 20 years ago, and are often reviewed for staff salaries, negotiations and other data. He noted the policy itself does not specify what the Financial Commission should do with the information that is collected from peer cities. Mr. Boganey stated, due to the pandemic, it was difficult to schedule a Financial Commission meeting to review this issue. Mayor Elliott asked how many meetings were held on this issue. Mr. Ebensteiner stated the Financial Commission held one meeting and reviewed materials beforehand and was prepared to discuss this issue at the meeting. Mayor Elliott asked whether any of the Financial Commissioners were involved in doing the research related to their recommendation. Mr. Ebensteiner stated the Financial Commissioners did not do the research and have not done so in the past. Mayor Elliott asked whether Mr. Ebensteiner believes that hours spent and work requirements should be considered in determining compensation for City employees, including City Councilmembers. Mr. Boganey tried to provide an answer. Mayor Elliott stated he wanted Mr. Ebensteiner to answer the question as he has in-depth knowledge on this issue. Mr. Ebensteiner stated the Commission reviewed Brooklyn Center's position in terms of average and median. He added the recommended salary was above average, although it is challenging to determine as cities are different and have different requirements for Councilmembers. Mayor Elliott stated the City Council has undertaken a process to ensure that City employees are paid fair compensation. He added the City is moving toward a $15 per hour minimum wage and providing fair compensation for time worked. He noted he is interested in a process that will be a more robust and thorough in engaging the community as well as the Financial Commission in reviewing City Council compensation. 12/14/20 -14- Mayor Elliott stated the City should do better a better job of assessing compensation for City employees, including Councilmembers and Commissioners, from an equity standpoint. He added the City should consider people's ability to really engage in this work and be fairly compensated. Councilmember Ryan stated the City Council comes to public service out of a sense of motivation to serve the public, and the model has been that the Mayor and City Council are part- time City positions. He acknowledged that the challenges the City faces today are daunting and require considerable time and effort to meet obligations. He noted the City has a good process for determining compensation because, as part-time employees doing a job on behalf of the City, it is hoped that the City Council salaries will have a minimal impact on the City's property taxpayers. Councilmember Ryan stated he thinks the recommendations of the Financial Commission are sound. He added he is retired and has a more flexible schedule than City Councilmembers who are younger and have full-time day jobs; but they signed on for that. He noted he supports the recommendation of the Financial Commission for a 2% increase for City Council salaries. Ms. Suciu confirmed that Councilmember Lawrence -Anderson rejoined the meeting at 9:09 p.m. Mayor Elliott moved and Councilmember Graves seconded to approve ORDINANCE NO. 2020- 08 Amending Ordinance 2018-08 Regarding City Council Salaries for 2021-22. Mr. Gilchrist stated, as a point of order, a public hearing must be held. He added the current motion can be held, and the hearing can be conducted, before returning to the motion. Mayor Elliott stated he would like to hold the motion. Councilmember Ryan moved and Councilmember Graves seconded to open the public hearing Motion passed 4-0. Councilmember Lawrence -Anderson did not respond. Randy Christensen, 7001 Regent Avenue, stated he does not believe Commissioners should be paid. He added, if they are to be paid, they should be elected like they do in other cities, rather than appointed. He noted raising the pay of the City Council at this time is difficult when so many residents are struggling financially. Mr. Christensen stated, in his opinion, elected officials should not be paid more if they spend more time on the job. He added, if that were the case, then they should get paid less when they work less. He noted the City Council's salaries should reflect the median income of the community. Melissa Carey stated the job of City Councilmember is a lot of work, and some Councilmembers are out in the community doing engagement work, which requires commitment. She added that level of commitment deserves fair compensation, which is a question of equity. She noted 12/14/20 -15- middle-class white people and retired people have more time to volunteer, and those are the people who have power, and that is not okay. Ms. Carey stated the City needs working class people who might need a second job but instead choose to serve the City. She added 2% is laughable, as it goes along with the status quo. She noted someone else does the research for the Financial Commission, and it is time to change that. Ms. Carey stated the City's Commissions are not equitable and do not reflect the community. She added volunteer Commission positions mean that a large part of the population cannot serve the City because they need to earn money. She noted the City is not looking at this from an equity lens. Councilmember Ryan stated it is always a great part of his experience to hear from members of the public, and it is regrettable that the pandemic has meant a move to virtual meetings, and a reduction in public engagement in City meetings. He added the recommendation for salaries is driven by a process where there is no conflict of interest. He noted he appreciates the comments of the previous resident, but he believes this is a sound process. Mayor Elliott stated the 2021 adjustment for Social Security will be 1.3%, and the rate of inflation is approximately 2.3%, for a total increase of 3.6%. He added he supports looking into this process. He added, as referenced by Ms. Carey, he hopes the City Council can do its own research on this issue. He noted he hopes City Council will entertain policy research support Matt Branch stated he does not believe there were any personal attacks in any of tonight's comments. He added he believes Commissioners should be paid, as it is a small incentive for serving the community. He noted 2% is minimal when you look at the work that City Councilmembers do. Councilmember Ryan stated he very much appreciates the comments of community members that have joined the meeting. He added some people are called to serve their communities, and must make an extra effort to do so, and he applauds those Brooklyn Center City Councilmembers who fit that description. He noted City operations relies on a financial system based on property taxes and weighs most heavily upon those who are least able to pay it. He urged everyone to keep that in mind. Councilmember Ryan asked Mayor Elliott whether he believes he should have a larger pay increase than 2% as recommended by the Financial Commission. He asked whether the City should move away from that model which has been used by the City for many years. Mayor Elliott stated he will leave the question of compensation up to the community and the process, but it is an important issue to consider. He added Mr. Christensen's comment about tying City Council compensation to the median income of the City is very important. He noted he believes the process can be improved for all City employees, and will likely require some change, which is how progress is made. 12/ 14/20 -16- Councilmember Ryan asked whether Mayor Elliott plans to recommend a permanent full-time assistant to the Mayor, and what will be the cost to the City. He added, if the answer is yes, that issue should be revisited at another meeting soon. Mayor Elliott stated the answer is yes. He added he has received information from City Staff regarding the City's financial advisor's review of the cost of that position. He noted he finds himself engaged in this work, spending a lot of time taking incoming communication, responding in a timely fashion, and being able to respond in an informed manner. Mayor Elliott stated the City should ensure that its staff positions are supported in ways that will further the interests of the community and do a good job for its citizens. He added he will be bringing this information to the City Council at an upcoming meeting. He noted he appreciates Councilmember Ryan's question. Councilmember Ryan stated he appreciates Mayor Elliott's candor. He added a discussion on that matter should be held, and the City Council should not forget the role of the City Manager and City Staff in that discussion, as well as implications related to the City Charter and how it should be appropriately read and understood. He thanked Mayor Elliott for his comments, and for allowing him to respond in this context. Councilmember Butler stated this has been a long discussion. She added she did not run for election and take this role for the money. She added she has a full-time career with flexibility to be able to fulfill duties during the day. She noted Ms. Carey brought up a good point about varying levels of commitment across the City Council, in terms of showing up and being involved. Councilmember Butler stated the City Council should hold each other accountable for the things they signed up to do and fulfill their duties or step down. She added she does not disagree with the Mayor about the money. She noted the discussion she would like to have is regarding accountability for Councilmembers, showing up for meetings and informing policies. Mr. Christensen stated he served on the Planning Commission, which often met twice a month and held long meetings with public hearings. He added he understands the time commitment. He noted there should be transparency and public engagement, including extensive review and discussion, regarding any proposed procedural changes. Mr. Boganey stated, for purposes of clarification, the proposed ordinance is 2% increase each year of the next 2 years. Councilmember Ryan moved and Mayor Elliott seconded to close the public hearing. Discussion during the motion: Councilmember Ryan stated there may be some differences of understanding in terms of the role of the Mayor and City Council, and these issues can be addressed in due course. Motion passed unanimously. 12/14/20 -17- Mayor Elliott moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2020-XX Amending Ordinance 2018-018 Regarding City Council Salaries for 2021-22. Discussion during motion: Mayor Elliott stated he supports accepting the Financial Commission's recommendation, but he believes the City needs a more robust process to review fair compensation, so residents who want to serve the City are able to do the best possible job for the City. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. AN ORDINANCE AMENDING CHAPTER 27 OF THE CITY CODE OF ORDINANCES REGARDING THE OPERATION OF SNOWMOBILES, ALL - TERRAIN VEHICLES, OFF -HIGHWAY MOTORCYCLES AND OTHER RECREATIONAL VEHICLES WITHIN THE CITY Community Development Director Meg Beekman reviewed the proposed Snowmobile and Recreational Vehicle Ordinance, which would allow use of certain recreational vehicles on private property in Brooklyn Center. Several recommendations were made by the Housing Commission related to the proposed Ordinance, and the City Council directed City Staff to make some changes. The first reading of the Ordinance is proposed for this evening's meeting. Ms. Beekman stated the proposed Ordinance provides definitions for recreational vehicles and limits operation of vehicles on private property between 7:00 am-10:00 pm. She added these hours are consistent with other sections of the Ordinance related to noise. She noted the Police Department reviewed the proposed Ordinance and recommended that the section related to noise be moved to Chapter 19 to be consistent with other noise -related regulations. Ms. Beekman stated City Staff recommends approval of a Resolution approving the first reading of an Ordinance amendment, and a Resolution approving summary publication of the Ordinance. Councilmember Ryan stated he like to recommend a change to the Ordinance, under Article 2, section 902, #11, that the hours be adjusted to 9:00 a.m. He added there are relatively few residents who will be impacted by this Ordinance, and noise at 7:00 a.m. from this property might be a nuisance. He noted 9:00 a.m. might not be such a nuisance. Mayor Elliott agreed. 12/14/20 -18- Mayor Elliott asked for Mr. Gilchrist's opinion of the Ordinance, specifically related to restricting operations, in terms of other permissible activities that would generate noise. He asked whether the Ordinance addresses those concerns as well. Mr. Gilchrist stated, in his opinion, the Ordinance reflects the policy direction given by the City Council at Work Session, to allow operation of recreational vehicles with restrictions. He added the Housing Commission made recommendations that allow the use, and since the use will be allowed, he does not see a legitimate basis on which the restriction could be challenged. He noted the Ordinance is acceptable if the City Council is comfortable with it from a policy perspective. Mayor Elliott stated, when the City Council discussed this issue, it did not seem that there were an overwhelming number of instances of this activity. He asked why there is a need for the City Council to take this action, in providing a solution for a problem that does not exist in significant quantities. Mr. Boganey stated there have been related claims over the years but not enough to make substantive changes to the Ordinance. He added however, these proposed changes provide clarity and definitions, as well as tools to address these types of concerns when they arise. Ms. Beekman agreed, adding the Ordinance provides a policy, but it is not a substantial or highly impactful Ordinance. Mayor Elliott stated it is one property that is driving this Ordinance, which does not seem to solve the problem, as the property owner can still operate their recreational vehicles during daytime hours. He added the City Council should discuss further was real remedies can be used, as the only restriction is the hours of operation. Mayor Elliott asked what is restricted in the noise Ordinance. Ms. Beekman stated complaints have been received in the past regarding noise, but there has been no clear direction from the City Council on how such matters should be addressed. She added the City Council and Housing Commission clearly stated that this activity should be allowed on private property, which may not be popular with the neighbors, but it is not a violation of any Ordinance. Mayor Elliott reiterated his concern that this Ordinance does not provide relief to people who are making complaints about this one resident engaging in this activity. Ms. Beekman stated both the Housing Commission and City Council were clear that recreational vehicles should be allowed on private property. She added that is the Ordinance that was drafted. Councilmember Graves stated, when this proposed Ordinance was reviewed by the City Council, she asked why this particular property could not be addressed under the noise Ordinance. She added, however, it makes sense to add clarity and guidance for City Staff, and how they can effectively do their job. She noted this discussion reminds her of recent reviews of bees and chicken Ordinances, around which there were noise and safety issues. 12/14/20 -19- Councilmember Graves stated she is in favor of moving this Resolution forward. Extension of Meeting Mayor Elliott moved and Councilmember Ryan seconded to extend the meeting past 10:00 p.m. at 10:12 p.m. Motion passed unanimously. Councilmember Ryan moved and Councilmember Graves seconded to approve the First Reading and adopt ORDINANCE NO. 2020-09 Amending Chapter 27 of the City Code of Ordinances Regarding the Operation of Snowmobiles, All -Terrain Vehicles, Off -Highway Motorcycles and Other Recreational Vehicles Within the City, as amended, amending the time restriction to 9:00 a.m. To 10:00 p.m. Discussion during motion: Councilmember Ryan stated the law is a blunt instrument, and the City makes its best effort to provide imperfect responses to concerns that come up from time to time. He added there are relatively few resident complaints in this case. He thanked City Staff for bringing this issue to the City Council's attention. Councilmember Graves stated the Ordinance included a condition regarding continuous use for more than 5 hours. She added there is more nuance than just the time frame that could abate the nuisance. She noted, in situations like this where there is an imperfect response, it might be helpful to offer contracted mediation partners to help community members communicate with each other. Mr. Boganey agreed, adding the City has a contract for mediation services, and it is one of the tools that can be used when situations arise between neighbors. Motion passed unanimously. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2020-128 Approving Summary Publication of the Ordinance. Motion passed unanimously. 10b. RESOLUTION NO 2020-129 EXPRESSING SUPPORT FOR THE MINNESOTA ETHIOPIAN COMMUNITIES OF AFAR, OROMO, SOMALI AND TIGRAY Mayor Elliott reviewed a Resolution on behalf of the Ethiopian community in support of an end to the violence and human rights violations in Ethiopia. He added the City Council, at a recent Work Session, agreed to add this Resolution to tonight's Agenda. He read the Resolution in full. Mayor Elliott moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2020- 129 Expressing Support for the Minnesota Ethiopian Communities of Afar, Oromo, Somali and 12/14/20 -20- Tigray. Discussion during the motion: Councilmember Ryan stated, as the City Council supports this Resolution on behalf of Minnesota's Ethiopian communities, it is important to remember that we are all members of the human family; and while this gesture of support may have limited impact in that region, as a moral obligation we should make the necessary expression in support of those people who are suffering. He added, in 2007, he offered a similar Resolution in support of temporary protective status for Liberian immigrants. He noted he hopes that this Resolution in support of the local Ethiopian community, who are worried about their relations and friends in that region, will assure them that they have the support of the City Council. He expressed his wish that this support could have greater impact on the suspension of violence and the oppression of those groups in that region. Councilmember Butler stated she fully supports the Resolution. She thanked Mayor Elliott for bringing it forward. Motion passed 4-0. Councilmember Butler did not respond. 10c. RESOLUTION NO. 2020-120 SETTING SALARIES FOR CALENDAR YEAR 2021 Mr. Boganey reviewed a Resolution Setting Salaries for 2021 for 97 non -unionized at -will City employees. The amount included for merit increases is being adjusted by 2.75%, as included in previously adopted budget, which is consistent with peer communities. He noted City Staff recommends adoption of the Resolution. Mr. Boganey stated the City Manager's salary does not fall under this adjustment, as that position operates under contract. Councilmember Ryan stated he would like to offer an amendment that the City Manager's salary increase be included under the Resolution, on the basis of performance of the City Manager and City Staff. He added the City Manager's salary increase can be revisited when the City Council reviews the City Manager's contract. Mayor Elliott stated, since the City Manager's salary increase is governed by contract, it would not be appropriate to include it in the Resolution. He added, as a matter of course, the City Council should have the opportunity to review information related to pay increases for all paid staff, including Councilmembers and anyone who works for the City. Mayor Elliott moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2020- 120 Setting Salaries for Calendar Year 2021. Motion passed unanimously. 10d. CORONAVIRUS RELIEF FUND (CRF) LOCAL GOVERNMENT EXPENDITURE REPORT 12/14/20 -21- Mr. Boganey stated, as a point of clarification, the City Manager's wage adjustment was not included in the Resolution under the previous Agenda item to highlight the fact that the City Manager operates under contract, and compensation is established separately by the City Council. Mr. Ebensteiner reviewed the staff memo and gave a summary of CARES funding expenditures. The City received $2.433 million in CARES Act funding on July 29, 2020. Funds were to be spent on Covid-related expenses that were new budget items during the period March 1 — November 15, 2020. City Staff submitted monthly reports to State of Minnesota with a final report due November 23, 2020, and worked with MMKR auditors during the spending process Mr. Ebensteiner stated the full $2.433 million in expenditures in the following areas: personnel services including paid leave and the purchase of Personal Protective Equipment (PPE) including enhanced breathing mask for Police Officers; grant loan programs funding; facility and technology updates at city facilities; resident economic stability efforts including iPad/tablets for seniors; and community partnership efforts including Health on the Go, distance learning packs for students, and Public Arts Initiative. Mayor Elliott stated City Staff had to make quick decisions regarding allocation of CARES funding in ways that met all the guidelines. He added, based on his calculations, 22% of the funding went to direct community aid while a larger percent, nearly 80%, was internally focused. He added, while these are worthwhile expenditures, he hopes that a larger proportion of the funding can be allocated toward community support, including food and housing, in the next round of spending. He noted he has some ideas to review with the City Council at a later date, regarding ways to direct more funding into the community. Mr. Boganey thanked Mayor Elliott for his comments. He added City Staff were quick to act in an extremely tight time frame with narrow limits to get as much money out into the community as possible. He expressed his appreciation of City Staff s efforts to meet City Council objectives with regard to CARES funding. He noted hopefully there will be less time constraint next time around. Mayor Elliott stated he is working on a task force to review response, relief and recovery in the community related to Covid-19 and identify short-term and long-term efforts to protect the community. He added the City must take a longer view of the economic impacts of the pandemic over the coming years. Mayor Elliott moved and Councilmember Graves seconded to accept the Coronavirus Relief Fund (CRF) Local Government Expenditure Report. Motion passed 4-0. Councilmember Ryan did not respond. 11. COUNCIL REPORT No reports were given. 12/14/20 -22- 12. ADJOURNMENT Mayor Elliott moved and Councilmember Graves seconded adjournment of the City Council meeting at 11:01 p.m. Motion passed 4-0. Councilmember Ryan did not respond. Mayor Elliott thanked the City Council and connnunity members who participated in the meeting. He added we are working to build a healthy, community -driven community. He expressed his appreciation for the leadership of City Staff and the participation of the community. 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 December 14, 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 January 11, 2021, Regular Session. City Cleric 12/14/20 -23-