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HomeMy WebLinkAbout2021 01-25 CCM Regular SessionMINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 25, 2021 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 6:54 p.m. The meeting was conducted via Zoom. ROLL CALL Mayor Milce Elliott and Councilmembers Marquita Butler, April Graves, Kris Anderson, and and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Public Works Doran Cote, City Engineer Mike Albers, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. Mayor Mike Elliott opened the meeting for the purpose of Informal Open Forum. There were no comments. Councilmember Graves made a motion to close the Informal Open Forum. Alfreda Daniels requested to speak. Councilmember Graves withdrew her motion. Alfieda Daniels asked whether the City Council has considered a Code of Conduct for Councilmembers. Mayor Elliott stated that issue is on the City Council's agenda, to draft a Code of Conduct for the City Council. Councilmember Graves stated there was a previous discussion at which City Staff agreed to find a way to have City Council norms visible during meetings. Mr. Boganey stated City Staff talked to Common Sense Consultants, who will facilitate development of a Code of Conduct as part of their work with the City Council. He added "norms" were included in the City Council's Weekly Update, as well as the City Council policy on decorum and order. He noted Common Sense has expressed hesitancy at this stage to publicly post the City Council "norms" before a Code of Conduct is developed. O1/25/21 -1- Ms. Daniels thanked Mr. Boganey for sending her the "norms" document. She added there should be a place for accountability in the Code of Conduct. She added there was no mention of accountability in the "norms" document. She requested that accountability should be included in the Code of Conduct. Mr. Boganey stated representatives from Common Sense are scheduling individual meetings with Councilmembers and will discuss City Council norms and how they can and should be used. He added they have expressed that they would not want new norms that could be used in an unintended manner and stressed the importance of discussing the use of norms with the City Council before they are posted. Mayor Elliott stated it makes sense to have a mechanism for accountability, and the City Council can have that discussion. Randy Christensen asked whether norms for Commissions could also be considered at the same time as norms for the City Council. Mayor Elliott stated that will be left up to the Commissions to decide. He added it is not the place of the City Council to establish a process for the Commissions. Mayor Elliott moved and Councilmember Graves seconded to close the Informal Open Forum at 7:05 p.m. Motion passed unanimously. Z. INVOCATION Councilmember Ryan read the following as an Invocation: Leading in the news of the day is the ongoing tragedy of the coronavirus pandemic. There have been over 420,000 deaths nationwide, and 6,000 deaths in Minnesota. Earlier this winter, Councilmember Ryan lost a neighbor to Covid49, whom he and his wife have known for many years. He requested a moment of silent reflection and prayer in memory of those who have died in our community and across the nation; and to pray for those who have fallen ill, that they may recover their health. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott at 7:08 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 Ol/25/21 -2- Reggie Edwards, Director of Public Works Doran Cote, City Engineer Mike 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 Mr. Boganey stated, related to Resolutions on the Consent Agenda approving City Council appointments to organizations, the specific names of appointees has not been shared or determined. Councilmember Butler 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. January 4, 2021 — Work Session 2. January 11, 2021— Study Session 3. January 11, 2021 — Regular Session 6b. LICENSES LIQUOR -OFF -SALE 3.2 MALT Kalaban, LLC dba: Pump n' Munch LIQUOR — ON -SALE INTOXICATING Brooklyn Hotel Partners, LLC dba: Embassy Suites Irie Vybz Jamaican Restaurant LIQUOR — ON -SALE SUNDRY SALES Brooklyn Hotel Partners, LLC dba: Embassy Suites Irie Vybz Jamaican Restaurant MECHANICAL LICENSES Metro Heating and Cooling 1505 69th Ave N Brooklyn Center MN 55430 6300 Earle Brown Dr Brooklyn Center MN 55430 6056 Shingle Creek Parkway Brooklyn Center MN 55430 6300 Earle Brown Dr Brooklyn Center MN 55430 6056 Shingle Creek Parkway Brooklyn Center MN 55430 1220 Cope Ave E Maplewood MN 55109 O1/25/21 -3- Minneapolis Heating & Air St Marie Sheet Metal RENTAL RENEWAL (TYPE IV —one yeas° license) 7148 Morgan Ave N Fred Hanus 10701 93rd Ave IN Ste B Maple Grove MN 55369 8380 Pleasant View Dr Mounds View MN 55112 3012-18 Slst Ave INSri Lalcshm1 Valiveti - met requirements RENEWAL (TYPE III —one yeas° license) 4216 Lakebreeze Ave Daniel Tan -met requirements 6c. RESOLUTION NO. 2021-20 APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, MINNEAPOLIS NORTHWEST CONVENTION & VISITORS BUREAU, NORTH METRO MAYORS ASSOCIATION, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION, PETS UNDER POLICE SECURITY AND TWIN LAKE JOINT POWERS ORGANIZATION 6d. RESOLUTION N0.2021-21 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS, 2021-01, 02, 03 AND 04, GRANDVIEW SOUTH AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS 6e. RESOLUTION NO. 2021-22 ESTABLISHING PARKING RESTRICTIONS FOR SEGMENTS ON LILAC DRIVE/59TH AVENUE FROM LOGAN AVENUE TO DUPONT AVENUE AND FOR SEGMENTS ON HUMBOLDT AVENUE FROM 57TH AVENUE TO 59TH AVENUE 6f. RESOLUTION NO. 2021-23 APPROVING CHANGE ORDER NOS. 28-34, IMPROVEMENT PROJECT NO. 2018-05, BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 1 6g. RESOLUTION NO, 2021-24 AMENDING RESOLUTION NO, 2021A13 AND APPROVING APPRAISED VALUES OF REDUCED EASEMENTS FOR BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 2 IMPROVEMENTS, PROJECT NO, 2021A5 (PARCELS 45 AND 46) O1/25/21 -4- 6h. RESOLUTION N0.2021-25 ESTABLISHING IMPROVEMENT PROJECT NO. 202142, 53RD AVENUE MILL AND OVERLAY (PENN AVENUE TO INTERSTATE 94) 6i. RESOLUTION NO. 2021-26 ACCEPTING SANITARY SEWER AND WATER IMPROVEMENTS FOR CONTINUAL MAINTENANCE FOR EASTBROOK ESTATES 2ND ADDITION 61. RESOLUTION NO. 2021-27 APPOINTING COUNCIL MEMBERS TO COMMISSIONS AND OUTSIDE ORGANIZATIONS 61c. EXTEND UNUSED VACATION HOURS FOR CITY MANAGER Motion passed unanimously. 7. -None. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/D ONATIONS PUBLIC HEARINGS PUBLIC HEARINGS FOR LYNDALE AVENUE AREA PAVEMENT REHABILITATION: RESOLUTION N0.2021-28 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO, 2021-07, LYNDALE AVENUE AREA PAVEMENT REHABILITATION AND RESOLUTION NO. 2021-29 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO, 2021-07, LYNDALE AVENUE AREA PAVEMENT REHABILITATION TO THE HENNEPIN COUNTY TAX ROLLS City Engineer Milce Albers requested City Council consideration of three projects within the Street and Utility Improvement Program, Mr. Albers stated the Lyndale Avenue Area Pavement Rehabilitation Project includes proposed roadway and utility improvements on Lyndale Avenue south of 57th Avenue. The City Council received the feasibility study on December 14, 2020 and called for two public hearings to be scheduled at tonight's meeting — to order improvements and certify special assessments. Mr. Albers stated property owners may choose to appeal or object to special assessments. All property owners have been notified of the date and time of this public hearing. Staff has not received any appeals for the Lyndale Avenue project. Any objections will be referred to City Staff for additional review. Mr. Albers stated the Lyndale Avenue rehabilitation project consists of 2,000 feet of street improvements between SSth and 57th Avenues and includes improvements to the SSth and 56tn Avenue cul-de-sacs. An informational public meeting held in early December 2020. This project O1/25/21 -5- is a continuation of City's Capital Improvement Program, and evaluation was completed on sanitary sewer, water main, storm drainage, streets, sidewalks and trails, and streetlights. Proposed improvements include mill and overlay to existing pavement on Lyndale Avenue and full depth replacement on the 551h and 56"' Avenue cul-de-sacs. Spot repair of curb and gutter and driveway aprons is planned necessary, as well as repairs to sod and topsoil in the right of way. Mr. Albers stated the preliminary budget is $700,000 with special assessments of $25,175.64 anticipated for a portion of the project. If the City Council decides to move forward with special assessments, payment options are. pay in full with no interest between March 1 & September 30, 2021; pay in full from October 1 to November 20, 2021 with interest from October 1, or pay in installments with property taxes over a 10-year period starting in 2022. Partial prepayments cannot be accepted. Residents who meet income and age requirements can defer a portion of their assessment. Questions about deferral can be directed to the Engineering Department at 763-569- 3340. Mr. Albers stated City Staff recommends holding public hearings and adopt Resolutions for approval to order improvements and authorize preparation of plans and specifications; and certifying special assessments for improvement project to the Hennepin County Tax Rolls. Mayor Elliott asked what would happen if someone cannot afford the special assessment, and they are not 65 or older. Public Works Director Doran Cote stated, as referenced by Mr. Albers, assessments can be added to taxes, but not until 2022. Councilmember Graves moved and Mayor Elliott seconded to open the Public Hearing. Motion passed unanimously. No one appeared to address this item. Mayor Elliott moved and Councilmember Lawrence -Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Mayor Elliott seconded to adopt RESOLUTION NO. 2021- 28 Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project No. 2021-07, Lyndale Avenue Area Pavement Rehabilitation, and RESOLUTION N0.2021-29 Certifying Special Assessments for Improvement Project No. 2021- 07, Lyndale Avenue Area Pavement Rehabilitation to the Hennepin County Tax Rolls. Motion passed unanimously. O1/25/21 -6- 8b. PUBLIC HEARINGS FOR NORTHWEST AREA MILL AND OVERLAY IMPROVEMENTS: RESOLUTION NO. 2021-30 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO, 2021-06, NORTHWEST AREA MILL AND OVERLAY IMPROVEMENTS; AND RESOLUTION NO. 2021-31 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO, 2021-06, NORTHWEST AREA MILL AND OVERLAY IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS. Mr. Albers reviewed the Northwest Area Mill and Overlay Project, the feasibility report for which was reviewed by the City Council at their December 14, 2020 meeting. All residents were sent information about the date and time of this public hearing, and property owners may choose to appeal. City Staff is aware of one objection from the property owners at 4825 71St Avenue which was included in the meeting packet. A property owner must file an appeal within 10 days of the assessment hearing. The City Council can refer any objections to City Staff for continuation and review. Mr. Albers stated the Northwest Area Mill and Overlay Project includes roadway and utility improvements for 6,200 feet of street in the area bound by 69th avenue to the south and 7 1 " Avenue to the north. A neighbor information meeting was held December 22, 2020. The proposed project will include sanitary sewer, water main, storm drainage, street sidewalk and trails, and streetlights. Proposed improvements include cured sewer lining and adjustment and replacement of castings as needed; sidewalk repairs and the addition of ADA-compliant pedestrian curb ramps. The total project budget of $1,750,000 includes $199,168.00 in special assessments. Mr. Albers stated the City Council adopted the assessment rates at their November 9, 2020 meeting, at $1,556 per property and an interest rate of 3%. Payment options are: pay in full with no interest between March 1 & September 30, 20219 pay in full from October 1 to November 20, 2021 with interest from October 1; or pay in installments with property taxes over a 10-year period starting in 2022. Residents 65 or over or disabled may qualify for a deferral and can call the Engineering Department at 763-569-3340 for more information. Mr. Albers stated City Staff recommends that the City Council hold a public hearing to order improvements and a public hearing for special assessments. Mayor Elliott requested that mitigation measures are in place to reduce dust and debris that can cause respiratory issues for people during the pandemic. He added this was an issue that was settled during a road construction project early in the pandemic. Mr. Cote stated the mill and overlay project is less intrusive than the projects that were completed in 2020. He added, however, dust control measures will be in place. Mayor Elliott asked whether mitigation efforts are included as a potential cost in the RFP, so that there is an understanding that the City will address public health issues. O1/25/21 -7- W. Cote stated that can be included in the plans and specifications. Mayor Elliott agreed. Mr. Boganey stated those requirements can be added to the specifications, if there is no objection from the City Council, Mayor Elliott moved and Councilmember Butler seconded to open the Public Hearing ordering improvements. Motion passed unanimously. No one appeared to address this item. Councilmember Butler moved and Mayor Elliott seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves moved and Mayor Elliott seconded to adopt RESOLUTION NO. 2021- 30 Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project No. 2021-06, Northwest Area Mill and Overlay Improvements. Motion passed unanimously. Mayor Elliott moved and Councilmember Ryan seconded to open the Public Hearing to certify special assessments. Motion passed unanimously. No one appeared to address this item. Councilmember Graves moved and Mayor Elliott seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves asked whether the address with property owner who had questions about their assessment was removed from the roll. Mr. Albers stated it is City Staff s recommendation that the property remains on the assessment roll, and they can file their objection with the Court. Mr. Boganey agreed, adding that is the typical way that objections are handled. He added if the resident had joined the meeting, or sent a representative, the City's recommendation would be to remove the appeal from the roll for additional review and recommendations. He noted, in this case, City Staff had a chance to look at the appeal, and based on analysis, the property should remain on the assessment roll. O1/25/21 -8- Councilmember Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2021-31 Certifying Special Assessments for Improvement Project No. 2021-06, Northwest Area Mill and Overlay Improvements to the Hennepin County Tax Rolls. Motion passed unanimously. 8c. PUBLIC HEARINGS FOR RYAN LAKE INDUSTRIAL PARK AREA IMPROVEMENTS: RESOLUTION NO. 2021-32 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS, 2021-08, 099 10 AND 11, RYAN LAKE INDUSTRIAL PARK AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS; AND RESOLUTION NO. 2021-33 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS, 2021A8 AND 2021-099 RYAN LAKE INDUSTRIAL PARK AREA STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Mr. Albers reviewed the reconstruction project for the Ryan Lake Industrial Parlc area. Public comments have been provided in the feasibility report. A property owner may object, and all property owners have been notified of the date and time of the public hearing, but no appeals have been received. Mr. Albers stated the project area is a portion of the Ryan Lake Industrial Parlc, and an informational meeting was held December 22, 2020. The proposed project will include sanitary sewer, water main, storm drainage, streets, sidewalks and trails, and streetlights. New trunk sewers are proposed as well as replacement of services lines to property lines. Mr. Albers stated City Staff plans to implement a number of mitigation efforts related to dust, due to the COVID pandemic. City Staff is aware that business owners will need to maintain access to their businesses during the reconstruction process. Mayor Elliott requested clarification regarding partial payments. Mr. Boganey stated it has long been the City's practice to not accept partial payments, as they create a substantial administrative burden and additional efforts on the part of City Staff that lead to complications for the entire process. He added partial payments are not accepted by Hennepin County. Mayor Elliott stated public health measures should be included in the RFP, and information should be available to property owners at least 2 months in advance, so they have an opportunity to respond to the notification and request mitigation measures. Councilmember Graves moved and Mayor Elliott seconded to open the Public Hearing to order improvements. Motion passed unanimously. O1/25/21 -9- No one appeared to address this item. Mayor Elliott moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Elliott moved and Councilmember Butler seconded to open the Public Hearing for special assessments. Motion passed unanimously. No one appeared to address this item. Mayor Elliott moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Mayor Elliott moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2021-32 Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2021-08, 09, 10 and 11, Ryan Lake Industrial Park Area Street, Storm Drainage and Utility Improvements; and RESOLUTION NO. 2021-33 Certifying Special Assessments for Improvement Project No. 2021-08 and 2021-09, Ryan Lake Industrial Parlc Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS -None. 11. COUNCIL REPORT -None. 12. ADJOURNMENT Councilmember Ryan moved and Mayor Elliott seconded adjournment of the City Council meeting at 8:25 p.m. Motion passed unanimously. O1/25/21 -10- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the City Council of the City of Brooklyn Center held on January 25, 2021. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its February 8, 2021, Regular Session. Barbara Suciu, City Clerk Mike Elliott, Mayor O1/25/21 -11-