Loading...
HomeMy WebLinkAbout2022 08-22 CCM REGULAR SESSION 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 AUGUST 22, 2022 CITY HALL—COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in the Informal Open Forum called to order by Mayor Mike Elliott at 6:45 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Reggie Edwards, Community Development Director Meg McMahan, Planner, and Zoning Administrator Ginny McIntosh, City Clerk/Interim Assistant City Manager Barb Suciu, Communications/Interim Assistant City Manager Angel Smith, and City Attorney Jason Hill. Mayor Mike Elliott opened the meeting for the Informal Open Forum. Cannina M. stated she didn't know Brooklyn Center didn't have a Fire Department. At her apartment complex, there is a fire almost weekly. It takes 20-30 minutes for the Brooklyn Park Fire Department to respond, and the firefighters lack urgency once they arrive. Carmina M. added Verizon Wireless has been visiting their complex to give them SG internet. However, some apartments do not have the capabilities for the SG internet. She has been trying to return the device since February, and she keeps getting the run around from customer service. She cannot get a new phone until the issue is resolved. Carmina M. noted she attended an event at Centennial Park, but there are no public restrooms. The park is amazing,and she has rented out the space. If there is no way to access public restrooms, there should not be an option to rent the space. There have been excellent public events held, and the residents should attend the events more. Carmina M. added it is nice to have a PowerPoint presentation about picking up the trash, but she hasn't seen what they are talking about. There are grants for businesses to clean up, but that is preposterous. Her apartment complex doesn't have enough garbage or cigarette disposals. The tenants pay for the apartment to maintain a clean environment. Instead of proving them with grants, the City should fine businesses if they are not maintaining cleanliness. 8/22/22 -1- Nahid K. noted she read a recent newspaper article about the construction of business parks, and , she is opposed to the buildings and their industrial uses. They are inappropriate and out of place for the area as it is currently an area for retail. The new builds would be out of scale and unappealing to shoppers. Mayor Elliott stated there is a public hearing on the item that evening. He asked if the rest of her comments could be saved for that portion of the meeting. Nahid K. confirmed she could continue her comments during the public heaxing. Laurie M. stated she also has comments that would be more appropriate for the public hearing. Councilmember Graves moved and Councilmember Ryan seconded to close the Informal Open Forum at 7:00 p.m. 2. INVOCATION Councilmember Lawrence-Anderson stated they must never lose sight of their hopes, dreams, and vision. It is the dreamers who see what they can be. She shared a quote from James Allen, "The greatest achievement was at first and for a time a dream. The oak sleeps in the acorn, the bird waits in the egg, and, in the highest vision of the soul, the angel stirs. Dreams are seedlings of reality." Councilmember Lawrence-Anderson shared a quote from Gloria Steinem, "Without imagination or dreaming, we lose the excitement of possibility. Dreaming, after all, is a form of planning." Councilmember Lawrence-Anderson added Michael Jackson said, "In a world filled with hate,we must still dare to hope. In a world filled with anger, we must still dare to comfort. In a world filled with despair, we must still dare to dream. In a world filled with distrust, we must still dare to believe." Councilmember Lawrence-Anderson read a quote from Dr. Seuss, "Nonsense wakes up the brain cells and helps develop a sense of humor, which is important in this day and age. Humor has a tremendous place in this sordid world. It is more than just a matter of laughing. If you can see things out of whack, you can see how things can be in whack." 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in a Regular Session called to order by Mayor Mike Elliott at 7:03 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 Reggie Edwards, Community Development Director Meg McMahan, Planner and Zoning Administrator Ginny McIntosh, City 8/22/22 -2- �, Clerk/Interim Assistant City Manager Barb Suciu, Communications and Community Engagement/Assistant City Manager Angel Smith, and City Attorney Jason Hill 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Butler summarized the changes to the minutes as discussed in the Study Session. Mayor Elliott tabled the Council Consideration Item 10e., City Commission Appointments, and move it to the next Council meeting. Councilmember Ryan asked if they needed a motion and second to table the item. City Attorney Jason Hill clarified the item would be removed from the agenda rather than tabled. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, as amended, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. July 25, 2022—Work Session 2. August 8, 2022—Regular Session 3. August 11, 2022—Canvassing Board 6b. LICENSES MECHANICAL Genz-Ryan Plumbing & Heating Co 2200 W Hwy 13 Burnsville, MN 55337 MN Plumbing and Home Services 12040 Riverwood Circle Burnsville, MN 55337 Otsego Heating and Air Conditioning Inc 11 lst Street NW DBA Comfort Solutions Heating and Maple Grove, MN 55369 Cooling RENTAL INITIAL (TYPE IV—six-month license) 1107 57th Avenue North Alexander Irwin 6113 Quail Avenue North SFR Acquisitions 3 LLC INITIAL (TYPE III—one year license) 8/22/22 -3- 3900 51 st Avenue North Callaway Helbraun Fam Rev Tr � David Helbraun RENEWAL (TYPE IV—six-month license) 3401 47th Avenue North Bmw Holding LLC Et Al 6915 Humboldt Avenue North Lynwood Pointe LLC 2006 Brookview Drive Mnsf Ii W 1 LLC 2023 Brookview Drive Fyr Sfr Borrower LLC 3100 Thurber Road Tyler Henderson 3301 Lawrence Road Mnhomes2go LLC 5820 Logan Avenue North Farnaz Toussi 6012 York Avenue North MNHOMES2G0 LLC RENEWAL (TYPE III—one yea�license) 2406 Ericon Drive G B Homes LLC 3818 Burquest Lane Ayan I Yusuf 7101 France Avenue North Kris Kienzie 7148 Morgan Avenue North FRED HANUS LLC RENEWAL (TYPE II—two year license) 5207 Xerxes Avenue North Dabco Properties LLC 4908 Abbott Avenue North Aaron Burmeister 5636 Humboldt Avenue North Gao Qiang Liu 5827 Ewing Avenue North Juan Carlos Quito-villa 7193 Unity Avenue North Mary R Turcotte RENEWAL (TYPE I—th�ee yeaY license) 5306 Russell Avenue North John & Donna Reinarz 6706 Drew Avenue North 6706 Drew Ave LLC 8/22/22 -4- 6c. RESOLUTION NO. 2022-79; APPROVING THE ACCEPTANCE OF GRANT FUNDS FROM THE PROTECT COMMUNITY FORESTS BY MANAGING ASH FOR EAB PROGRAM Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION OF APPRECIATION TO THE CITY EMPLOYEES FOR SERVICE TO THE CITY OF BROOKLYN CENTER Councilmember Graves read in full a Resolution expressing appreciation to the City Employees for their service to the City of Brooklyn Center. Dr. Edwards thanked the Council on behalf of the Staff for the kind words. He explained he chose to work in Brooklyn Center due to the great Staff and excellent residents. Councilmember Ryan moved and Councilmember Graves seconded to accept the proclamation of appreciation to the City Employees for their Service to the City of Brooklyn Center Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN INTERIM ORDINANCE NO. 2022-02 AUTHORIZING A STUDY AND IMPOSING A MORATORIUM ON THE ESTABLISHMENT OF NEW USES OR THE EXPANSION OF EXISTING USES RELATED TO THE SALE OF THC PRODUCTS (SECOND READING/PUBLIC HEARING) City Manager Reggie Edwards explained this is the second reading/public hearing for an interim ordinance authorizing a study and imposing a moratorium on the establishment of new uses or the expansion of existing uses related to the sale of THC products. The first reading was on July 25, 2022, City Council and passed unanimously. Councilmember Graves asked how long the moratorium is in effect. CiTy Attorney Jason Hill stated the moratorium would be for one year. The Council previously passed an emergency ordinance for a more short-term moratorium. After the study, the Council can decide what to do with the moratorium. Mayor Elliott moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. Lori B. stated she is in favor of the products being sold in Brooklyn Center. The amount is very low and doesn't pose a threat to anyone. It is an opportunity for the City to generate t� income. 8/22/22 -5- Councilmember Graves noted her agreement with the comments by Lori B. It could bring more business to the City or help grow small businesses. Councilmember Graves moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan stated he is in support of the moratorium as various issues have been raised regarding the health and distribution of THC products. There is a concern about THC being dispensed at the proper threshold and its regulation. The State legislation is somewhat ambiguous, which poses a concern for law enforcement. Mr. Hill added another concern is the sale to minors. Some licensing procedures are being considered to determine where THC can be sold. Many cities are going the route of the moratorium as it is a great option to study and choose the best options for regulations and revenues. Councilmember Ryan noted he hopes the State would create a more uniform policy rather than a mismatch of rules and procedures throughout different cities. Mayor Elliott asked what considerations and discussions were had at the State level when the law was passed. Mr. Hill stated he was not privy to the discussions, but it is his understanding that there wasn't much discussion. Community member Laurie M. stated she would like to comment. Mayor Elliott stated the public hearing is closed. Laurie M. stated she would like to provide input. Mayor Elliott confirmed she could speak. Laurie M. stated the legislature is not doing its job. Businesses have been licensed to sell alcohol or vape pens, but some still sell to minors. There are plenty of people abusing alcohol or providing substances to minors. The issue with THC is the same. Councilmember Lawrence-Anderson asked how long the study will take. Dr. Edwards stated they do not have a timeline for the study currently. Mayor Elliott stated some other jurisdictions now allow the sale of THC. Mr.Hill confirmed some cities have already adopted policies to allow the sale of THC. The purpose of the study is to see what would be the best for Brooklyn Center. Dr. Edwards noted the City recently did a study regarding the sale of tobacco, so they will use a similar format for THC. They may also learn from the studies done by other cities. From there, the information will be brought back to Council for further consideration. Mayor Elliott stated it is important to look at what other cities have done and talk with Brooklyn Center residents. 8/22/22 -6- Councilmember Lawrence-Anderson stated she would like information on the topic to be provided to the public. She noted she hasn't received any resident feedback yet, but it is important to gather input from the community. Councilmember Ryan moved and Councilmember Graves seconded to approve the Second Reading and adopt INTERIM ORDINANCE 2022-02; authorizing a study and imposing a moratorium on the establishment of new uses or the expansion of existing uses related to the sale of THC products. Mayor Elliott asked if Staff would provide an update to Council about a study timeline and what the study would look like. Dr. Edwards confirmed it would be on the next agenda. Mayor Elliott asked if Staff anticipates the study will take the full length of the moratorium. Dr. Edwards stated he doesn't anticipate the study itself will take an entire year. Then the timeline would rest more on the Council than Staff as they would consider the information from the study and decide the direction. Motion passed unanimously. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2022-80 approving a Summary Publication for the aforementioned ordinance in the Brooklyn Center Sun Post. Motion passed unanimously. Mayor Elliott left the meeting at 7:37 p.m. Mayor Pro Tem Butler chaired the remainder of the meeting. 8b. PLANNING COMMISSION APPLICATION NO. 2022-005, SUBMITTED BY JOSLYN MANUFACTURING COMPANY LLC FOR ISSUANCE OF A SPECIAL USE PERMIT TO CONDUCT A SOIL REMEDIATION PROJECT WITHIN THE 100-YEAR FLOODPLAIN FOR OPERABLE UNIT 5 OF THE JOSLYN SITE (PROPERTY IDS: 10-118-21-23-0007, 10-118-Z1-32-0058,AND 10-118-21-32-0059) City Manager Reggie Edwards introduced the item and invited City Planner Ginny McIntosh to make the staff presentation. City Planner Ginny McIntosh explained the applicant Representative Barr Engineering Company, on behalf of Joslyn Manufacturing Company LLC is requesting the issuance of a Special Use Permit for a planned soil remediation project within the designated 100-year floodplain, and as part of continued clean-up efforts for the Joslyn Superfund site. The properties are generally located to the south and west of the industrial property commonly known as 4837 Azelia Avenue North, and east of Middle Twin Lake. Ms. McIntosh noted from 1920 until 1980,the Joslyn Site was used for wood-treating operations. 8/22/22 -7- Evidence of contamination was observed as early as 1961, and several investigations by the Joslyn Manufacturing Company identified a need for abatement and remediation of the hazardous substances on the Joslyn site. Remedial actions were selected for the entirety of the site but were broken down into units, and the subject property is the last remaining remedial action to occur. Mc. McIntosh stated the largest parcel of the property is comprised of wetland and wooded uplands, with the majority of the site located within both the 100-year flood plain and the ordinary high-water level of Middle Twin Lake. Two smaller residentially-zoned lots of the property are comprised of wetlands,trees,and shrubs. Due to the high levels of soil contamination in the largest parcel, a permanent fence was installed around the perimeter to minimize potential exposure to hazardous contaminants. Ms. McIntosh showed an overview of the site in question and existing condition photos. Ms. McIntosh stated Federal law expects remedial action and treatment will be used to address principal threats when possible. The applicant is proposing the excavation of contaminated shallow soils to be consolidated on-site or transported to an off-site facility for disposal. Soils to remain on-site will be capped with fabric and covered with clean soil and landscaped. Ms. McIntosh added there was some community engagement done in the past, and there were changes made in conjunction with the feedback. Native seed mixes were added along with additional screening. Ms. McIntosh pointed out a majority of the work would be done over the winter. Due to certain site constraints, the Applicant has indicated plans for temporary access rights via 4837 Azelia Avenue North (MSP Industrial) from October 2022 to June 2023 to conduct the proposed work. The property falls within the City's designated Flood Fringe District,which requires a Special Use Permit for any placement of fill over 1,000 cubic yards. The proposed remediation work on the property includes the excavation of approximately 30,000 cubic yards of soil,with roughly 10,000 cubic yards of the soil consolidated on-site. Ms. McIntosh stated as part of the review, Staff provided responses to the individual criteria and found each criterion was satisfied. There was a scheduled public hearing at the Planning Commission meeting, but the quorum was not met. Therefore, the notice was resubmitted for public hearing at the Council meeting. There has also been communication received from a resident near the site. Eric Blodgett, the Senior Environmental Engineer at Barr Engineering, explained dioxin is a chemical that is in sediment and soil that is a byproduct of the wood treatment process. Councilmember Ryan noted dioxins are one of the more potent biotoxins. Councilmember Graves asked why the process has taken so long if it is a superfund site. Mr. Blodgett confirmed the process started in 1985 and is a great example of a superfund redevelopment. The final piece of the site has been more diff'icult to get access to because it is 8/22/22 -8- bound by water, residences, a railroad, and developed land. Councilmember Graves asked if the space will be healthy if only a couple of layers of dirt are being removed and there is still a fence. She asked if the lake was impacted by the soil conditions. Mr. Blodgett stated the lake has been studied and has decided the lake has not been impacted. There is an ongoing groundwater collection system with consistent monitoring that is treated as needed. The groundwater flows away from the lake. Mr. Blodgett pointed out that the fence is a component of the remedy. There is a large spectrum of ways to handle the site that balances cost along with remediation. It is not feasible to remove 100 percent of the contaminated soil due to the lake. Instead,there will be a clean cover and fence to prevent contact. Councilmember Graves asked if the site could ever be built. Mr. Blodgett stated it cannot be built upon because of the wetland and because of the soil. Dr. Edwards asked if the trail would be safe for walking. Mr. Blodgett stated walking would be fine, but it is a different consideration if the City encourages the public to use the site. Councilmember Graves moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Ken R. stated his house backs up to the site, and they are in favor of cleaning up the site. He explained he is an artist and he gets inspiration from the trees and animals that live there. Completely clearing the site would be heartbreaking for him. It should be cleaned up, but it needs to be done responsibly. He asked how it would impact their property value. Kevin S. asked how contaminated the lake is. He asked if the lake should be swimming in or fish in. Most cities take advantage of lakes and set up beaches. In Brooklyn Center, it is privatized. The lake is very inaccessible. He added the animals may be more likely to run into traffic if their homes are destroyed in the process. The dioxins should be studied as much as cannabinoids. Gretchen E. noted she lives on Upper Twin Lake. She thanked Councilmember Graves for asking so many questions. She stated she was involved in the community input process in 2017. She asked why it has taken so long to get to this point in the process. The remediation is necessary, and the new soil will help the environment. There is a neighboring wetland that many of the animals will migrate to. Gretchen E. stated all three lakes in the chain have public landings, and there are beaches and picnic shelters near the site that is used often. The site in question is behind an industrial building and next to a railroad track, so it is unlikely to be a place for people to hang out. Also, it would be difficult to anchor a boat near the site. Therefore, the fence would be welcomed. 8/22/22 -9- Gretchen E. added replanting native seed mixes is a part of the remediation plan, so the site won't be left barren. She has lived on the lake for many years, and she has never gotten sick from swimming in the lake. She asked if the remediation process would stir up some toxins that could impact the lake or the groundwater. Ms. McIntosh stated the site has ongoing monitoring, and there will be ongoing monitoring after the remediation is complete. The project has taken so long because the only option to access the site was through 4837 Azelia Avenue North which has required long-term discussions. Gretchen E.asked if the plantings would be seedlings. Ms. McIntosh explained that there has been a request for more mature trees to be planted, so the planted trees will be around six to eight feet in height. Mayor Pro Tem Butler moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lawrence-Anderson stated it breaks her heart to lose such mature trees. It is likely for efficiency, but that may not be the best answer. She asked if there is a remediation option that saves more trees. Ms. McIntosh stated the animals and trees on the site are already contaminated. The soil removal and remediation process will damage root systems which would cause the trees to die. Mr. Blodgett noted they are saving as many trees as they can,and they have done a robust sampling effort to keep as many trees as possible. Some trees will remain and some will be removed. The suggested remediation is the best solution found after years of studying the site. Councilmember Graves asked if the City can partner with other organizations to monitor the impact on the other lakes in the chain. Ms. McIntosh stated she was planning on reaching out to the Crystal City Planner to provide a sort of notification. She offered to speak with the applicant and the DNR to determine other monitoring options. Mayor Pro Tem Butler asked if the Council was amenable to receiving another public comment although the public comment portion was closed. There were no objections from the Council. Julie B. noted there was monitoring of Ryan Lake after the fertilizer fire. She asked how that is related to Twin Lake and how cleanup is happening. Ms. McIntosh stated the fertilizer incident predates her time with Brooklyn Center, so she would have to look up the information at a later time. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2022-81 approving Planning Corrunission Application No. 2022-005 for issuance of a Special Use Permit to conduct a soil remediation project within the 100-year floodplain for Operable Unit 5 of the Joslyn Site, based upon the findings of fact and applied, and as amended by the conditions of approval in the resolution. 8/22/22 -10- Motion passed unanimously. 8c. AN ORDINANCE NO. 2022-OS AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND LOCATED AT 1297 SHINGLE CREEK CROSSING (SECOND READING/PUBLIC HEARING) City Manager Reggie Edwards introduced the item and invited Ms. McIntosh to make the staff presentation. Ms. McIntosh explained on August 8, 2022, the City Council of the City of Brooklyn Center unanimously approved Planning Commission Application No. 2022-004, which contemplated the re-plat, re-zoning, and establishment of a Planned Unit Development (PUD), and an amendment to the City's Zoning Code that would allow for the redevelopment of the former Sears Department Store and Auto Center to approximately 230,000-square feet of business park type use across two separate buildings of approximately 120,000-square feet and 110,000-square feet, respectively, and related site improvements on the approximately 15-acre subject property. Ms. McIntosh reviewed the timeline of the process that has been completed. Given the request to establish a new Planned Unit Development for the property and remove the property from the Central Commerce Overlay District, the August 8, 2022, City Council meeting also contained a motion to approve the first reading of the requested ordinance amendment and schedule the second reading and public hearing for August 22, 2022. A public hearing notice was published in the Brooklyn Center Sun Post on August 11, 2022. Ms. McIntosh stated the request is to rezone the property from commerce to business mixed-use. PUDs grant flexibility in Zoning Code to allow for developments that would not be allowed under existing regulations. Additionally, the request is to remove the property from the Central Commerce Overlay District. The Overlay District is to be replaced with the Zoning Code update underway, and similar requests have been made and approved by City Council. Councilmember Lawrence-Anderson asked what the difference between commerce and business mixed-use zoning is. Ms. McIntosh explained the commerce district has been in place for years and is the bulk of retail users. Business mixed-use is a designation that is part of the new Zoning Code that is meant to replace the commerce zoning. The purpose of the business mixed-use is intended to accommodate land for a mix of businesses and light industrial uses for a mix of retail uses. It encourages the development of office,retail,and light industrial meant to encourage cross- use by the users. The new Zoning Code includes several mixed uses, a commercial district, and reformatting of the residential zones. The current light industrial zoning is probably the closest to the new mixed-use zoning. The difference is intentionally putting workers near where things are happening. Councilmember Lawrence-Anderson asked if the new zoning is consistent with other cities. She asked if the goal is more synergy. Ms. McIntosh stated synergy is a goal. The zoning will still be 8/22/22 -11- different from city to city. The primary goal of the zoning was to minimize traffic impacts. Distribution centers are prohibited in the new zoning. The proposed project has several restrictions on use to alleviate traffic such as no outdoor storage and no more than 80 percent of warehousing or wholesaling. It is an amenity for workers to have access to transportation as well as proximity to services and goods. Councilmember R an has heard the existin Zonin Code is difficult for developers. Ms. Y g g McIntosh stated it is difficult to even for her to use, and she is the Zoning Administrator. Councilmember Ryan stated he looks forward to seeing the improvements and community benefits of updating the Zoning Code. The project itself will also provide benefits and jobs to the community. Councilmember Graves moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Kevin S. stated most people he has talked to are in support of the project. It will bring jobs and provide more retail. There will need to be more police to monitor the area. If employees don't feel safe, they will not stay in their jobs. (3:09:30) agreed she supports any development in Brooklyn Center because the City needs it. The community has seen portions of Shingle Creek Crossing come and go quickly and has many unfilled spaces. There isn't a lot of attractive retail and services in Shingle Creek currently to encourage employment at the proposed site. Updating the archaic Code could help to bring more life to Brooklyn Center. Nahid K. read a statement she had written. She noted she read a recent newspaper article about the construction of business parks, and she is opposed to the buildings and their industrial uses. They are inappropriate and out of place for the area as it is currently an area for retail. The new builds would be out of scale and unappealing to shoppers. Nahid K. added there is a large impact on the environment from industrial uses as trucks leave their engines running among other things. The trucks will also have an impact on traffic and the surrounding neighborhood. The City needs to establish plans to address issues of pollution. The Minnesota Department of Health has found significant health issues in Brooklyn Center due to traffic and pollution. Laurie M.stated her understanding was that there would be no large trucks such as semi-trucks as it is mixed-use instead of industrial. The property has looked blighted for quite some time and is an eyesore. Most people are still grieving the era of Brookdale Mall. Also, this is the only developer interested in eliminating the eyesore, so the project should be supported. It will be appealing to people from all over. 8/22/22 -12- Ms. McIntosh stated the existing property is all loading docks, so it was having semi-trucks access it. There will be limitations to ensure any trucks will not go into the residential area and will be routed in a different direction. Most any business would require access by semi-trucks. Councilmember Graves moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Mayor Pro Tem Butler agreed the current site is an eyesore. While she would prefer a restaurant, such a proposal has not come forward. Councilmember Lawrence-Anderson stated she sees the project as a positive. The staff has received ample input from Council, and green spaces will be utilized. The site will be much more attractive. She noted her appreciation of the comments shared by the public. Councilmember Ryan agreed he would like to see the project going forward. He explained he saw the rise and fall of Brookdale. He has been concerned about what could replace Sears, and the proposed project seems to be a good fit with the surrounding businesses. Councilmember Ryan moved and Councilmember Graves seconded to approve a Second Reading, and adopt ORDINANCE NO. -2022 amending Chapter 35 of the City Code of Ordinances regarding the zoning classification of certain land located at 1297 Shingle Creek Crossing from PUD/C2 (Planned Unit DevelopmentlCommerce) District to PUD/MX-B (Planned Unit Development/Business Mixed-Use) District, and removing the said property from the Central Commerce Overlay District. Motion passed unanimously. Mayor Pro Tem Butler moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2022-OS approving a Summary Publication for the aforementioned ordinance amendment in the Brooklyn Center Sun Post, and adopting RESOLUTION NO. 2022-82 approving a Planned Unit Development Agreement for 1297 Shingle Creek Crossing. Motion passed unanimously. 8d. AN ORDINANCE NO. 2022-06 AMENDING CHAPTER 35 OF THE ZONING CODER OF ORDINANCE REGARDING THE ZONING CLASSIFICATION OF THE SUBJECT PROPERTY AT 2500 SHINGLE CREEK PARKWAY City Manager Reggie Edwards introduced the item and invited Ms. McIntosh to make the staff presentation. Ms. McIntosh explained the public hearing is also a second reading related to the last property. On August 8, 2022, the City Council of the City of Brooklyn Center approved (4-0) Planning Commission Application No. 2022-003, which was submitted by Alatus LLC, Proj ect for Pride in 8/22/22 -13- Livin and Resurrectin Faith World Ministries and contem lated the re- lat, re-zoning, and � g, g P p establishment of a Planned Unit Development, and an amendment to the City's Zoning Code that ', would allow for the redevelopment of the former Brookdale Ford (2500 County Road 10) and ', Square(5900 Shingle Creek Parkway) sites to an approximately 16-acre Phase I redevelopment of the City's larger 80-acre "Opportunity Site." Ms. McIntosh stated full City approvals were ultimately granted under the aforementioned application for the re-plat of approximately 32 acres,the construction of 543 dwelling units across three multi-family residential buildings on Sites lA,3,and 4(278,205,and 60 units,respectively), as contemplated in the submittal documentation, an event center, 24-hour childcare center, wellness,and barber suites(Site 2),and certain shared improvements and amenities.Also approved were the flexibilities necessary to advance a proposed entrepreneurial market(Site 1B), and three smaller multi-family residential developments on Sites 5, 6, and 7 (70, 60, and 70 units, respectively). The separate site and building plan approvals will be required by City Council to advance these projects. Ms. McIntosh noted due to the request to re-zone the Subject Properfy from C2 (Commerce) District to PUD/TOD (Planned Unit Development/Transit-Oriented Development) District, and removal of the Subject Property from the Central Commerce Overlay District, City Code dictates that the City's Zoning Code be amended to reflect these changes. August 8, 2022,the City Council meeting contained a motion approving the first reading of the requested ordinance amendment and requested that a second reading and public hearing be scheduled for August 22, 2022. A public hearing notice was published in the Brooklyn Center Sun Post on August 11, 2022. Ms. McIntosh reiterated that PUDs grant flexibility in Zoning Code to allow for developments that would not be allowed under existing regulations. PUDs may only contain uses consistent with the City's Comprehensive Plan. TOD accommodates mixed-use developments in a format not currently realized in the City's dated Code. TOD allows for the incorporation of community priorities and amenities based on extensive engagement and planning with community stakeholders and receiving public feedback. , Ms. McIntosh added TODs often incorporate multi-family residential and commercial uses with densities that can support public and alternative transit opportunities, and are located within proximity to the existing transit center. The increased intensity of uses requires certain flexibilities and deviations such as increased densities, reduced setbacks, modified parking ratios, and a mix of uses to optimize and activate the development and surrounding public amenities. Ms.McIntosh pointed out there is also a request to remove the Overlay District. Councilmember Ryan agreed PUDs allow for flexibility to create a site with the highest and best ' use. He noted the proposal does not yet detail the proportion of each unit style. However, the '�, exact numbers will return to Council at a later time. Ms.McIntosh confirmed that Councilmember I Ryan's statement was correct. �� Councilmember Graves moved and Councilmember Ryan seconded to open the Public Hearing. 8/22/22 -14- Motion passed unanimously. (3:40:00) stated not a lot of people understand the religious component. He asked if they are using public money to support nonprofits and if they will be part of the ta�c base. The campus style seems like it would be its separate area. The public would like more information on the project. Ms. McIntosh stated Resurrecting Faith Ministries has a for-profit entity, so it would pay taxes. The event center is not associated with any religion or ministry. Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Mayor Pro Tem Butler moved and Councilmember Ryan seconded to approve Second Reading and adopt ORDINANCE N0.2022-06 amending Chapter 35 of the City Code of Ordinances regarding the zoning classification of certain lands located at 5900 Shingle Creek Parkway and 2500 County Road 10 from C2 (Commerce) District to PUD/TOD (Planned Unit Development/Transit-Oriented Development) District, and removal of the aforementioned property from the Central Commerce Overlay District. Motion passed unanimously. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2022-06 approving a Summary Publication for the aforementioned ordinance amendment in the Brooklyn Center Sun Post. Motion passed unanimously. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2022-84 regarding the approval of a Planned Unit Development Agreement for the properties located at 5900 Shingle Creek Parkway and 2500 County Road 10. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO 2022-86 RECEIVING PROPOSED CHARTER AMENDMENT, ADOPTING TITLE AND BALLOT QUESTION LANGUAGE PERTAINING TO PROPOSED AMENDMENT TO THE CITY OF BROOKLYN CENTER CITY CHARTER AND ORDERING SPECIAL ELECTION (EMERGENCY POWERS) 8/22/22 -15- Dr. Edwards introduced the item and explained the item was brought to the Council and did not receive a unanimous vote. Therefore, it will be on the ballot. City Attorney Jason Hill stated the amendments were proposed by the Charter Commission. The item must pass the City Council unanimously to be implemented. The charter amendment Ordinance 2022-01 Emergency Powers was before the City Council on Apri125, 2022, for a first reading and the vote of the amendments was three ayes and one nay.The second reading and public hearing for this was May 23, 2022, and the vote was two ayes, two nays, and one abstained. Mr. Hill stated it is the role of the Council to vote on the language. The question for the ballot reads,"Should the Brooklyn Center City Charter be amended to remove the authority of the Mayor to take command of the police, with the consent of the City Council, in times of public danger or emergency; and instead authorize the Mayor to coordinate with the City Manager, Police Chief, Fire Chief, and others City leaders in times of public danger or emergency, which could include requesting assistance from local, state, and federal agencies?" Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2022-86 receiving proposed charter amendment, adopting title and ballot question language about a proposed amendment to the City of Brooklyn Center City Charter, and ordering the special election. Motion passed unanimously. lOb. RESOLUTION NO.2022-87 RECEIVING PROPOSED CHARTERAMENDMENT, ADOPTING TITLE AND BALLOT QUESTION LANGUAGE PERTAINING TO PROPOSED AMENDMENT TO THE CITY OF BROOKLYN CENTER CITY CHARTER,AND ORDERING SPECIAL ELECTION (CONTRACTS) Dr. Edwards introduced the item and invited Mr. Hill to make the Staff presentation. Mr. Hill explained the item is similar to the previous one in that it did not pass unanimously at the previous meeting. The proposed question for the ballot addresses the issue of who can sign contracts for the City and how the contracts are signed. Currently, the proposed question reads, "Should the Brooklyn Center City Charter be amended to remove the requirement that the Mayor and the City Manager sign all City contracts, bonds, and other instruments; and instead require that City contracts, bonds, and other instruments be signed as required by the purchasing policy adopted by the City Council?" Councilmember Lawrence-Anderson explained she supports the Charter amendment. The Council has discussed how critical transparency and efficiency are to the City. The Council will review the purchasing policy in an upcoming Work Session. Councilmember Ryan noted his appreciation of the comments made by Councilmember Lawrence Anderson. He pointed out State statutes that guide the signing and contracts process for cities. 8/22/22 -16- � 1 The proposal ensures the better functioning of City administration and improves checks and balances. Mr. Hill agreed the point is to make the purchasing process more streamlined. The proposed change would not impact the purchasing process as much as the signatory rules. Councilmember Ryan added there is a policy that puts a number on the purchasing limit of the signatory. I Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. I 2022-87 receiving proposed charter amendment, adopting title and ballot question language about ' a proposed amendment to the City of Brooklyn Center City Charter, and ordering the special , election. Motion passed unanimously. lOc. RESOLUTION NO.2022-88 RECEIVING PROPOSED CHARTERAMENDMENT, ADOPTING TITLE AND BALLOT QUESTION LANGUAGE PERTAINING TO PROPOSED AMENDMENT TO THE CITY OF BROOKLYN CENTER CITY CHARTER,AND ORDERING SPECIAL ELECTION (SIGNATURES) Dr. Edwards introduced the item and invited Mr. Hill to make the Staff presentation. Mr. Hill explained the item was brought to the Council, but it was not passed unanimously. The question on the ballot reads, "Should the Brooklyn Center City Charter be amended to add language requiring the Mayor or Acting Mayor to sign all ordinances and resolutions passed by the City Council within 48 hours?" It would only apply to items already passed by the Council. It merely adds a time frame to the action. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. ' 2022-88 receiving proposed charter amendment, adopting title and ballot question language about a proposed amendment to the City of Brooklyn Center City Charter, and ordering the special , election. I Councilmember Lawrence-Anderson asked when the Council will know how the items are numbered on the ballot. City Clerk Barb Suciu pointed out the question was raised previously, so she has talked to the County about it. The order that the questions are submitted to the County is the same order they will be on the ballot. She was going to submit the item chronologically. Therefore, they will be in the same order as addressed that evening. Motion passed unanimously. � lOd. RESOLUTION NO. 2022-89 AUTHORIZING STAFF TO COORDINATE WITH THE CITY OF BROOKLYN PARK AND THE MINNEAPOLIS TOURISM BUREAU TO CONSIDER MAINTAINING MEMBERSHIP IN THE MINNEAPOLIS NORTHWEST TOURISM BUREAU 8/22/22 -17- Dr. Edwards introduced the item and invited Ms. McMahan to make the Staff presentation. Community Development Director Ms. McMahan stated Brooklyn Center has been a part of the Minneapolis Northwest Tourism Board (MNTB) for several decades. In January 2020, Maple Grove put the MNTB on notice that the city was going to spend one year evaluating its future participation in the organization. She noted they were required to do so per their participation agreement to provide a one-year notice before pulling out of the organization. In December 2021, the City of Maple Grove exited the organization and opted to create its tourism bureau. Ms. McMahan stated the primary purpose of the organization is to promote travel and tourism in the northwest metro area. It is funded through a state-authorized lodging t�on hotel room rentals that must be used to fund such an organization. Over the years,the organization's membership has morphed and changed. The cities of Brooklyn Park and Brooklyn Center are the only remaining cities in the consortium. Ms. McMahan explained Maple Grove had over half the hotel rooms between the three participating cities and therefore contributed over half the budget to the organization. Removal of Maple Grove's lodging tax revenue significantly altered the MNTB budget in 2022. Ms. McMahan added in June 2021, both Brooklyn Center and Brooklyn Park passed resolutions to withdraw from Minneapolis Northwest Tourism. This was done in reaction to Maple Grove's decision to leave the organization and allowed the City time to understand its options before making a final decision to ultimately stay in the organization or create a new organization. Ms. McMahan noted the City Council directed Staffto study the options available and come back for further discussion. Since that time, the Minneapolis Northwest Tourism Board in partnership with the two cities contracted with Clarity of Place, a consulting firm specializing in convention and visitor's bureaus. Ms. McMahan stated Clarity of Place has been working with the two communities over the last six months. In June 2022, they provided an update to the City Council and asked for direction on how to proceed. The recommendation at the June meeting from the consultant was to continue in partnership with Brooklyn Park, utilizing the existing framework of the existing Minneapolis Northwest Tourism Board organization to create a new tourism bureau that would better serve the two cities. The Council at that meeting directed staff and the consultant to move forward with that path. Ms. McMahan stated a resolution has been prepared by the City Attorney that essentially outlines the conditions under which the City of Brooklyn Center would remain with the Minneapolis Northwest Tourism Board. As was discussed at the June presentation by the consultant, Clarity of Place,utilizing the framework of the existing organization is far more eff'icient than creating a new organization from scratch. Ms. McMahan pointed out that the resolution lays out four such conditions such as the MNTB Bylaws must be updated to include a new board structure with additional board seats for city 8/22/22 -18- officials, Article VII of the MNTB Bylaws must be updated to refer to the full-time executive employee as the CEO, the establishment of a new job description for the CEO position and begin the search for the CEO position, and to approve a 2023 Work Plan with agreed-upon metrics and action steps, including re-branding of MNTB to better reflect its current membership and calling for an election in January 2023 to elect a board of directors by the newly approved bylaws. Ms. McMahan added Brooklyn Park will consider this same resolution at their August 22 meeting as well. The resolution provides a path forward for the two cities to gain greater control over the organization to ensure that it better serves the needs of both communities. She pointed out that the consultant from Clarity of Place is available to answer questions. Councilmember Lawrence Anderson asked if Brooklyn Park was approved. Ms. McMahan stated she would try to find out. Councilmember Lawrence-Anderson noted there is a two-part payment plan. It has been the consensus of the Council that the Staff cannot do what MNTB does. The $30,000 from Brooklyn Center along with the money from Brooklyn Park will go a long way. Ms. McMahan agreed the proposal up for consideration is the most cost-effective way to serve the communities and promote tourism. Councilmember Ryan stated he has been involved with MNTB for several years. A broad representation of stakeholders provided insight into the process. Staff cannot do it on their own, and Brooklyn Park and Brooklyn Center have great synergy together. Therefore, he is in support of the item. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2022-89 authorizing staff to coordinate with the City of Brooklyn Park and the Minneapolis Tourism Bureau to consider maintaining membership in the Minneapolis Tourism Bureau. Motion passed unanimously. 11. COUNCIL REPORT Mayor Pro Tem Butler noted she attended an event on Saturday called Health In Her HUE. Brooklyn Center was one of the event sponsors. It was intended to connect women of color to health care services and providers. The event was underattended, but it was very well done. She thanked the partners for their work at the event. Councilmember Ryan asked Dr. Edwards to arrange for a ride-along with a police officer. Councilmember Ryan noted it would be his seventh. Councilmember Graves stated she attended the second in a series of healing circles on August 11, 2022, at the Community Center. There was a difficult conversation, but it was a step in the right direction. 8/22/22 -19- Councilmember Graves added the schools hosted a community block party recently, and it was very fun. The same night was the Brooklyn Center Health Fair. She went to an event by the Rotary Club where they fed football players after practice. Councilmember Graves noted she would be out of the Country from August 28, 2022, through September 4, 2022. She explained she would miss one budget meeting. 12. ADJOURNMENT Mayor Pro Tem Butler moved and Councilmember Graves seconded the adjournment of the City Council meeting at 9:42 p.m. Motion passed unanimously. STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned,being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the City Council of the City of Brooklyn Center held on August 22, 2022. 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 September 26, 2022, Regular Session. � Barbara Suciu, City Clerk iott, Mayor 8/22/22 -20-