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HomeMy WebLinkAbout06-27-22 CCP                                        ! "#$    % & #  '  (#            !"#$%&                       !   "#      $    $          $                     %                &            !                                '      $   $ $          '$        $ $(  '            '         $    !                                    ! 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" #$" % &' (#&)  (  *+  , *-                  We Agree To Internal Council Relations – Norms for 2021 – Practiced for next 90 days •Seek to not repeat or re-iterate points that were already shared •Engage in discussion and sharing alternate perspectives without weaponizing other people’s words •Recognize others with “What I heard you say is _____, with your permission, I’d like to move forward now.” •Call for consensus when it’s time to make a dĞĐŝƐŝŽŶ͘ •Allow new solutions in a time of dynamic change, process: (1) name the problem (2) findthe process to resolve (3) have the discussion (4) make a decision. •After open discussion, close down the chat during council chamber discussion (*need to vote on it).                  !  " #$" % &' &() !  * )#&+  ,,-.                    / 0  ))121 !03  .45 4 (4 ,,-(0- (    %     %    %       !   ,56 ""#$"    ,5 #, , 17))    &*,  17      &*,  6/13/2022 -1- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JUNE 13, 2022 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Mike Elliott at 6:02 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, and Kris Lawrence- Anderson. Councilmember Ryan was absent and excused. Also present were City Manager Reggie Edwards, and City Clerk Barb Suciu. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lawrence-Anderson asked that Consent Agenda item 6 g. .Resolution Authorizing Changing the Name of the Earle Brown Heritage Center to the Heritage Center of Brooklyn Center Mayor Elliott stated Consent Agenda Item 6g., Resolution Authorizing Changing the Name of the Earle Brown Heritage Center to the Heritage Center of Brooklyn Center, would become Council Consideration Item 10b., Resolution Authorizing Changing the Name of the Earle Brown Heritage Center to the Heritage Center of Brooklyn Center. Mayor Elliott added he would like to discuss Consent Agenda Item 6c., Resolution Approving a Membership to the Fencing Consortium Joint Powers for Temporary Fencing, further. MISCELLANEOUS COMMISSION APPOINTMENTS Mayor Elliott noted they completed more Commission interviews in the past week. They are fifteen minutes in length. UPCOMING BUDGET MEETINGS Mayor Elliott stated there are budget meetings coming up, and they should discuss if those meetings could be hybrid. He would like to see all Council meetings in a hybrid format, except 6/13/2022 -2- for the privileged meetings the Council has with the City Attorney. Councilmember Lawrence-Anderson noted her agreement with the hybrid format but noted these are work sessions with staff and she would like to be work session of this body and the Council needs to get their work complete. She stated the council is available by text, email, and telephone. She is willing to take comments from the public after the work is done. Councilmember Butler stated she agreed that the meeting could be hybrid with public comment at the end of the meeting. Mayor Elliott noted Councilmember Butler has brought up the topic of cleaning up the City. City Manager Reggie Edwards stated Staff could put together a report on cleaning up the City, but it would be completed by internal Staff. Mayor Elliott stated he would like to see someone take care of the rain gardens. Dr. Edwards stated Staff has a plan to care for the rain gardens. Mayor Elliott explained some are well cared for while others are not, and he would like to know more about whose responsibility it is to care for the gardens. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Hearing no objection, Mayor Elliott closed the Study Session at 6:18 p.m. 6/13/22 -1- DRAFT 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 JUNE 13, 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 Informal Open Forum called to order by Mayor Mike Elliott at 6:30 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, and Kris Lawrence- Anderson. Councilmember Ryan was absent and excused. Also present were City Manager Reggie Edwards, Community Development Director Meg McMahan City Clerk Barb Suciu, and City Attorney Jason Hill. Mayor Mike Elliott opened the meeting for the purpose of Informal Open Forum. Chaz Neal stated he and some other community members have been doing patrol at night near the transit area. He asked if that is something law enforcement monitors at all. There are young teenagers all over the area. He asked if Brooklyn Center has a curfew. The youth are out at a late hour and buying cigarettes from one another. There was just an arrest made during the High School graduation due to a weapon. He asked what the City cares about. Mayor Elliott acknowledged the situation at the High School was incredibly disturbing and incredibly troubling. The City has to investigate and address the issues and circumstances that lead to a weapon being at the school and we need to put in measures that this won’t happen again anytime. City Manager Reggie Edwards confirmed Staff is looking into the situation and will follow up with Council. They will also provide more information on the County’s curfew. Sylvia Winkelman stated there is a proposal to build a new liquor store near a playground and church. She stated she was in St. Alphonsus Church when the shooting happened on 71st. It was disturbing, and a liquor store near the playground is not in the best interest of the community. Mrs. Winkelman thanked the Maintenance Department for their assistance. She called regarding tire tracks in the park, and the City had to pay almost $800 to fix the damage. 6/13/22 -2- DRAFT Francis A. explained he is a member of St. Alphonsus Church. He agreed he is opposed to the proposed location of the liquor store due to its proximity to the playground and fields. He was also present at the time of the shooting, and they experienced a lockdown for hours. Alois Bilek stated $165,000 is a lot of money and could be used to help children in need, address the increased cost of food, or used as gas credits to counteract the high cost of gas. It could also be used to combat public safety issues. Instead, the Council wants to use the money to change the name of a building. A majority of the community has shown they do not support the name change. He reminded the Council it was an election year, and the use of the funds will be remembered at the polls. Roger Kloster explained he lives near the current Woodbine street improvement project. The City has been providing informative letters regarding the construction. He stated CenterPoint Energy is breaking up curbs and sidewalks to do their work. He asked if CenterPoint will reimburse the City for the damage. Mr. Kloster has concerns with the special assessment rates adopted by the Council in November 2021. The interest rate of 3.5 percent is a little high for broken down payments. He explained he is retired and lives off social security. He doesn’t use his car very often, but he sees mail trucks and garbage trucks and delivery trucks and school buses using his street. Twin City Rapid Transit is also nearby. He asked if the $3,600 per household is subsidizing the traffic by all of the large vehicles. There may be an alternative way to pay for the project. For example, the City could implement a municipal bond sale. Mayor Elliott stated the Council will soon be reconsidering how the City does assessments. (46:15) _______ stated he was here to talk about the business that is being ran out one of his neighbors house. Mayor Elliott stated it is always better to have answers. Mayor Elliott moved and Councilmember Graves seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Graves noted they will be celebrating Juneteenth during the upcoming weekend. Juneteenth commemorates the effective end of slavery in the United States. This was a full two years after the signing of the Emancipation Proclamation. Juneteenth is considered the longest running African American holiday, and it was recently recognized as a Federal holiday. The Emancipation Proclamation was meant to free all enslaved people. The Proclamation only applied to certain areas. In Texas, slavery had continued as there was little Union presence. The entry into Texas freed over 250,000 people and resulted in celebration by many African Americans. Slavery 6/13/22 -3- DRAFT was formally abolished with the 13th Amendment. Later, Texas was the first state to make Juneteenth a state holiday. Councilmember Graves stated there are many events happening in the community in celebration of Juneteenth. She read a quote from Congressman John Lewis, “Freedom is not a state; it is an act. It is not some enchanted garden perched high on a distant plateau where we can finally sit down and rest. Freedom is the continuous action we all must take, and each generation must do its part to create an even more fair, more just society.” Councilmember Graves thanked Councilmember Lawrence-Anderson for offering her the opportunity to do the invocation that evening. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott at 6:53 p.m. 4. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, and Kris Lawrence- Anderson. Councilmember Ryan was absent and excused. Also present were City Manager Reggie Edwards, Community Development Director Meg McMahan, City Clerk Barb Suciu, and City Attorney Jason Hill. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Elliott explained Consent Agenda Item 6g., Resolution Authorizing Changing the Name of the Earle Brown Heritage Center to the Heritage Center of Brooklyn Center, would become Council Consideration Item 10b. Resolution Authorizing Changing the Name of the Earle Brown Heritage Center to the Heritage Center of Brooklyn Center. Mayor Elliott added Consent Agenda Item 6c., Resolution Approving a Membership to the Fencing Consortium Joint Powers for Temporary Fencing, would become Council Consideration Item 10c. Mayor Elliott 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. May 23, 2022 – Study Session 2. May 23, 2022 – Regular Session 6/13/22 -4- DRAFT 6b. LICENSES GARBAGE HAULER Suburban Waste MN LLC 7125 126th St W #500 Savage MN 55378 MECHANICAL Air Rite Heating & A/C 6935 146th St W #3 Apple Valley MN 55124 East Central Mechanical Services LLC 2134 290th Ave Mora MN 55051 Shac LLC 1408 Northland Dr Mendota Heights MN 55120 RENTAL INITIAL (TYPE III – one-year license) 5448 Camden Avenue North Logan U'u & Daisy Giles U'u INITIAL (TYPE II – two-year license) 919 Howe Lane SFR Acquisitions 2 LLC 5300 Knox Avenue North ANTONIO VIZCARRA-MORENO INITIAL (TYPE I – three-year license) 4201 Lakeside Avenue North, #305 Brian Neidermeier 7200 Noble Avenue North Florence Simms | Epic Homes LLC 3813 61st Avenue North Dhaneshwarie Himraj | Deluxe Properties LLC RENEWAL (TYPE IV – six-month license) 6740 Grimes Place Victoria Townhouses 1 6825 Noble Avenue North Robert Gardner Jr. 507 69th Avenue North Outreach Six Acres, Inc. 4213 63rd Avenue North Buster F Fallah 5228 Ewing Avenue North Ih2 Property Illinois Lp 5636 Humboldt Avenue North Gao Qiang Liu 6/13/22 -5- DRAFT 5927 Aldrich Avenue North Yue Liu 6018 Camden Avenue North Crystal Brummer | Brummer Realty LLC 6830 Scott Avenue North Ih2 Property Illinois LP 7211 Camden Avenue North Sean Bannerman | Bannerman Real Estate Llc RENEWAL (TYPE III – one-year license) 700 66th Avenue North Georgetown-BC Company LLP 7200 Camden Avenue North Evergreen Park Manor 1600 71st Avenue North FRY - SFR Borrower LLC 5024 71st Avenue North Resi Sfr Sub LLC 5301 France Avenue North Lance Rosenberg | Juniper Land Trust 5313 Northport Drive Ih2 Property Illinois Lp 5420 Emerson Avenue North Chris Raisch 6400 Noble Avenue North Zamzam Gesaade 7037 Fremont Avenue North Edwina P Mcgill RENEWAL (TYPE II – two-year license) 804 67th Lane North Bryan D Aitkens 553 Aldrich Drive North Njeri Enterprises Llc 7031 Humboldt Avenue North Ih3 Property Minnesota Lp RENEWAL (TYPE I – three-year license) 3206 Thurber Road Mains'l Properties Llc 3501 63rd Avenue North Oyejola Azum 4000 61st Avenue North Adegbola Fola Ogundipe | Easy Home Offer Llc Trustee 6/13/22 -6- DRAFT SIGNHANGER Signcoink 37464 Jasper St NW Dalbo MN 55017 6d. RESOLUTION NO. 2022-59; ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT IMPROVEMENT PROJECT NOS. 2020-01, 02, 03, AND 04, GRANDVIEW NORTH AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 6e. RESOLUTION NO. 2022-60; ADOPTING ANNUAL COMPREHENSIVE FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2021 6f. AMENDMENT TO THE 2022 CITY COUNCIL MEETING CALENDAR Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. HOUSING STUDY FINAL REPORT City Manager Reggie Edwards explained in March 2020, Staff presented a housing policy work plan for comprehensively addressing the City's housing policy needs. At that meeting the Council discussed a number of policy approaches and a timeline for addressing these items. Council then directed Staff to move forward on a number of action items related to housing. Dr. Edwards invited Community Development Director Meg McMahan to continue the presentation. Community Development Director Meg McMahan noted Justin Baker and Dr. Lewis are on the call. In November 2020, the City engaged the University of Minnesota's Center for Urban and Regional Affairs (CURA) and Dr. Brittany Lewis to conduct a city-wide housing study and assessment. Dr. Lewis and her team have been working with community over the last year and a half to complete the study, which has included both a qualitative and quantitative understanding of the City's housing stock and needs. Ms. McMahan explained the goal of the study was to develop a housing policy plan that addresses policies and practices that ensure that the current and future housing needs of the community are met. The City was seeking to provide stable and affordable housing options for current and future residents while providing a balance of land uses that support a resilient community. This housing study aims to help the City become more aware of the ways that future development could potentially widen the affordability gap and help to identify measures that can be tracked to mitigate gentrification pressures. Ms. McMahan explained the project included an effort to understand existing housing conditions and trends in the City of Brooklyn Center, an analysis of the likely impact of forecasted growth on 6/13/22 -7- DRAFT property values and rents with a focus on the potential for gentrification, a survey residents in the City of Brooklyn Center to understand their perspectives on current housing conditions, affordability, experience, preferences, and housing needs, completion of a best practices literature review and analysis on impacts of major investment on property values and residential rents, co- facilitation of a conversation with the City Council about gentrification and the affordability crisis to present data and gain mutual understanding, and a final report and presentation of findings to local leadership. Ms. McMahan stated the consultant team also worked in partnership with City staff and Bolton & Menk to inform the Opportunity Site master planning work. This included preparing analysis that will be included in the master plan and inform the housing goals of the plan. Similarly, the housing study looked at the potential impact that a development such as the Opportunity Site might have on the City's housing, and provides policy recommendations on how to address issues of anti- displacement and gentrification. Ms. McMahan added Dr. Lewis also worked with the recent ULI Technical Advisory Panel on housing to present her research findings and recommendations to be used as a launching pad for their deeper dive analysis of the City's housing policy needs. Dr. Lewis and her team have completed their work and will be presenting their findings and recommendations to the City Council. The final report will be available following the presentation to the City Council. Justin Baker, PhD student researcher for the Center for Urban and Regional Affairs at the University of Minnesota explained a umber of researchers worked on the project including Dr. Brittany Lewis, Marci Exsted, Adam Le, Kyle Malone, and Jeff Matson. Mr. Baker explained CURA believes housing is an anchor for stability. All people should have full and equal access to stable housing, with the option to live in the communities they desire. It is critical that they center the voices of those most impacted by discriminatory housing practices because they are the experts on housing injustice. Mr. Baker stated CURA uses a community-engaged action research model. Research is aimed to build community power, assist local grassroots campaigns and local power brokers in reframing the dominant narrative, and produce community-centered public policy solutions that are winnable. In a sense, the researchers work for the community. Mr. Baker added CURA also includes a racial equity framework that looks for solutions that address systemic inequities, works collaboratively with affected communities, and adds solutions that are commensurate with the cause of inequity. Mr. Baker explained there was an initial quantitative study by surveying housing factors. Among 34 suburbs in the Twin Cities metro, Brooklyn Center ranks near the bottom of median household incomes. Meanwhile, the median gross rent is near the middle of the ack. 39 percent of the City’s households comprise of renters and those renters are paying more than 30 percent of their monthly income on housing. Only about 38 percent of Brooklyn Center identifies as white, compared to 69 percent of Hennepin County residents. 6/13/22 -8- DRAFT Mr. Baker stated they formed an Advisory Council which was composed of a wide variety of Brooklyn Center stakeholders, including residents, landowners, government members, and various community organizations. The Community Advisory Council focused on livability, affordability, accessibility, and safety. Mr. Baker stated they then created a mixed methods study to gain insight into the experience of renters, homeowners, and landlords in Brooklyn Center. They identified caps in affordability along with racial disparities in income and key housing outcomes. He explained the research design and methods. Mr. Baker noted there were 373 participants in the survey, a majority of which were homeowners. The races of the respondents did not match the demographics of the greater Brooklyn Center community. The Focus Groups honed in on Southeast Asian, Latinx, and East African or Black residents. Mr. Baker explained they asked residents how livable Brooklyn Center was. 23 percent of respondents gave a negative evaluation and 39 percent gave a positive one. The focus groups showed a discrepancy between landlords and tenants in terms of timely responses to maintenance requests. Landlords reported the City has difficult inspections process while tenants did not feel enough was being done in the inspection process. Mr. Baker added Brooklyn Center has an elevated eviction rate relative to Hennepin County. Mr. Baker stated 25 percent of the respondents felt the City was not affordable while 39 percent responded favorably to the question of affordability in Brooklyn Center. Homeowners spoke positively, but there were more complaints from renters. Again, landlords and renters felt differently about affordability. Landlords blame government for the lack of affordability. 62 percent of the survey respondents stated they spend more than 30 percent of their income on housing costs. 80 percent of those respondents were renters. Mr. Baker explained overall, there are fewer deeply affordable units than households that need them. Only 180 rental units are affordable to the more than 1600 households earning less than the median area income (AMI). All of the 156 subsidized units available are one-bedroom apartments. Mr. Baker stated 20 percent of respondents do not feel Brooklyn Center is accessible while 45 percent responded favorably. Renters and homeowners cited the increasing housing rates. The convenience of Brooklyn Center was noted by many. Brooklyn Center has an equal mix of both employed residents and the number of jobs. Residents also have short commutes but are mostly seeking employment outside of the City. Mr. Baker stated 31 percent of respondents do not feel Brooklyn Center is sage and 34 percent reported they do feel safe. Homeowners and renters both felt their neighborhoods were safe. Respondents also expressed positive feelings about the low crime rates. A number of participants had negative views of police interactions. Respondents were concerned about navigating the City at night. Some focus group participants have expressed interest in leaving Brooklyn Center due 6/13/22 -9- DRAFT to safety concerns and fear of police. Mr. Baker noted there are a number of recommendations based on the surveys and focus groups. The researchers found a number of disagreements between renters and landlords. CURA recommends creating a Rental Unit Quality Board with authority to update codes and enforcement procedures. The composition should consist of representatives from the rental community and property owner and management community, with the balance favoring the less empowered renters, particularly the financially vulnerable renters highlighted by the study. Mr. Baker noted affordability concerns are tricky. CURA recommended the creation of a Naturally Occurring Affordable Housing (NOAH) Preservation Program to encourage rehabilitation of older units while maintaining affordability, particularly in buildings that serve renters earning less than 60 percent AMI. Additionally, it is recommended Brooklyn Center develop a data monitoring program to track changes in key housing metrics including rents and evictions. Mr. Baker recommended the City work with businesses and industry to develop and maintain living wage jobs in Brooklyn Center that align with the educational backgrounds and skills of the residents, connect local transportation infrastructure to income Blue Line Extension to streamline commutes, and to partner with commercial land trusts to preserve affordable commercial spaces for local businesses. Mr. Baker suggested the City complete an audit of policing practices and policies. Task a community-led board to perform a systematic review of crucial areas of police practice and policy, namely response procedures and the officer hiring, training, and promotion process. The review could be led by the Community Safety and Violence Prevention Committee and utilize an external entity for technical support. Councilmember Graves noted her surprise about comments from the East African community because that is not the largest group of Black people in the City. She asked if West Africans were included. Mr. Baker stated the Advisory Council guided CURA in who to include in the survey. There were other Black participants in the survey, and the focus group focused on East Africans as they were hard to reach in the survey. Councilmember Graves asked if the issues were unique to Brooklyn Center or standard for nearby cities. Mr. Baker stated the affordability issues are not uncommon nationally. It is more complicated to determine how to address the issues. Brooklyn Center has more affordability issues for renters in comparison to other places in Minnesota. However, it is similar to national trends. Councilmember Graves asked if the people that move to Brooklyn Center for more affordability actually can’t find affordable two-bedroom units. Mr. Baker stated the survey covered a broad spectrum of people, including those who consider Brooklyn Center affordable while others do not. Councilmember Graves asked if the neighborhoods of respondents were tracked to better address safety concerns captured in the survey and focus groups. Mr. Baker stated the East African renters from the focus groups expressed the most safety concerns. They do not have any geographic 6/13/22 -10- DRAFT information from the respondents. Adam Le, CURA researcher, stated the neighborhood-level data would eliminate the anonymity of the study. Councilmember Graves stated a rental unit quality board could address issues of livability and have a process for tenants to provide input to City codes, similar to how the Council used to handle mitigation issues. Councilmember Graves noted the City has talked about naturally-occurring affordable units and asked Staff for an update on those efforts. Ms. McMahan stated Staff drafted a preservation program and presented it to Council. At the time, the Council asked for Staff to pause on the program until after the housing study was completed. Councilmember Graves asked if Staff has considered land trusts in their work with small businessowners. Ms. McMahan stated Staff has been working with the City of Lakes Land Trust to pilot a commercial land trust. Councilmember Graves noted her appreciation of the effort that was put into the housing study. Dr. Lewis added it was a pleasure for CURA to partner with the City. The recommendations are clear and concise, but she is willing to connect with Councilmembers offline. Cities across the nation are looking to keep the low income folks in their communities, but they must look beyond ordinary housing factors such as housing supply. She recommended looking at partnerships with local organizations and implement practices with a racial equity lens to make real change. Councilmember Butler thanked the presenters for their effort and recommendations. Councilmember Lawrence-Anderson asked if the lack of affordability housing in Brooklyn Center is related to issues of income from Brooklyn Center businesses. Brooklyn Center is more affordable than most cities in Hennepin County. Mr. Baker stated the study compared Brooklyn Center to all other cities in the metro. Brooklyn Center is in the middle of the pack for rentals, but the community is lower income than the surrounding areas. Councilmember Lawrence-Anderson asked what the dates of the study were because she is concerned about community member’s feelings on safety. Mr. Baker stated the focus groups were conducted at the end of summer 2021, and the survey was conducted late spring 2021. Councilmember Lawrence-Anderson noted the crime has increased in Brooklyn Center. Mr. Baker added the crime rate numbers were pulled before the recent rise in crime rates. Councilmember Lawrence-Anderson stated the City’s tiered licenses for rentals and is nationally- recognized as being a good practice. The code violations fall back onto Staff and the Council for reviewing rental license applications. The City does need to consider their responsibility in repairs in rental units. 6/13/22 -11- DRAFT Councilmember Lawrence-Anderson added some of the recommendations presented are being done by the Implementation Committee and the Multicultural Advisory Committee. She asked if Mr. Baker was familiar with their work. Councilmember Lawrence-Anderson noted the contract cost in 2020 was all-inclusive. She asked if they are renewing the contract. Ms. McMahan stated the contract has been completed. The work extended longer than the original proposal due to the civil unrest. Therefore, the Council would only need to accept the presentation as the compensation has been completed. Mayor Elliott explained the City is in the middle of a transformation in terms of safety and housing justice. The housing study provides a blueprint to address housing concerns in Brooklyn Center. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to accept the presentation. Motion passed unanimously. Mayor Elliott recessed the meeting at 7:55 p.m. and reconvened the meeting at 8:01 p.m. 8. PUBLIC HEARINGS None. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2022-61; ORDERING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE OPPORTUNITY SITE PHASE I ENVIRONMENTAL ASSESSMENT WORKSHEET Dr. Edwards introduced the item and invited Ms. McMahan to make the Staff presentation. (2:02:00) Ms. McMahan introduced ___ with Braun Intertec to present on the item. (2:03:00) __________ *audio by presenter unavailable* (2:06:45) Mayor Elliott asked what topics were added. _______ (presenter) stated the cumulative potential effects and greenhouse gas emissions and carbon footprint were added. Councilmember Graves asked what climate adaptation and resilience is. (2:07:15) _____ (presenter) stated ____________, and it is a pretty new area. 6/13/22 -12- DRAFT (2:07:50) ______ (presenter) stated after the environmental assessment (EAW) is completed, it is made available for public comment. It was published on the Sun Post and on the City website. There was also an informational meeting on April 26, 2022. (2:08:20) ______ (presenter) stated they received comments from Diane Sannes, Hennepin County Public Works, MPCA, US Army Corps of Engineers, Metropolitan Council, and MnDNR. Some of the comments asked for information on the process or where details were available in the EAW or outside the EAW. Additional comments noted requirements for a Stormwater Pollution Prevention Plan, best management practices, and stormwater infiltration requirements and restrictions that will apply to the project. Comments also recommended coordination with Three Rivers Park District and Metro Transit and resources for planning the landscaped areas. (2:10:00) ________ (presenter) stated _______ (2:11:00) Councilmember Lawrence-Anderson asked ____________. ________ (presenter) stated _______ (2:14:00) Mayor Elliott stated ________. He asked if there is a timeline for the Council to implement the findings by. (2:14:45) ________ (presenter) stated _______ Mayor Elliott asked if there is another meeting. Ms. McMahan stated there isn’t. Mayor Elliott asked if they could extend the deadline. ________ (presenter) stated confirmed the deadline could be extended. Mayor Elliott asked how long the deadline could be extended. (2:15:15) ________ (presenter) stated _______ (2:15:25) ________ (presenter) stated _______ (2:19:00) Mayor Elliott stated _______. Ms. McMahan stated the water flowing off the Opportunity Site will serve an impervious purpose. _______. They have designed a creative drainage system that goes above and beyond the minimum standards. There is a financial benefit to go above and beyond, on top of an environmental one. (2:20:35) _______. The project serves multiple purposes and has multiple benefits. _______. (2:21:55) Mayor Elliott asked _______. (2:22:15) Mr. Hill noted they cannot extend the deadline without _______. There is a timeline the Council must abide by. (2:22:50) _______. There need to be findings by Intertec to make a determination. (2:23:10) _______. The Council must be in alignment. There must be a basis for an extension. (2:23:45) _______. (2:24:00) ________ (presenter) stated _______. Mayor Elliott stated the Council can move forward because there are certain agencies that have signed off on it. Councilmember Graves agreed she feels confident about the project and looks forward to seeing the impact down the line. 6/13/22 -13- DRAFT Councilmember Graves moved and Councilmember (2:25:10) ____ seconded adopt a RESOLUTION NO. 2022-61; ordering a negative declaration on the need for an environmental impact statement for the Opportunity Site Phase I Environmental Assessment Worksheet Motion passed unanimously. 10b. RESOLUTION NO. 2022-62; AUTHORIZING CHANGING THE NAME OF THE EARLE BROWN HERITAGE CENTER TO THE HERITAGE CENTER OF BROOKLYN CENTER Dr. Edwards explained the item has been brought before the Council several times over more than the past year. The Council directed Staff to implement a name change process and seek out potential names. Staff worked with an organization to create names and sought out input from the community. The proposed name was approved by the Council. (2:27:35) Councilmember Lawrence-Anderson noted the site is a historical location. She asked if that designation needs to be repealed in order to change its name. Dr. Edwards stated Staff checked with the Minnesota Historical Society throughout the process. The City is able to change the name. Bruce Ballanger stated the City is allowed to change the name. There is also a process where the State Senator and Representative must do a motion at the State level to accept the change. The City Attorney recommended the City take this first step before the Senator and Representative take it to the floor. Councilmember Lawrence-Anderson asked if the site can still be registered as a historical site if its name were changed. Mr. Ballanger stated the site would still be on the historical site and the plaque out front of the site would remain in place. (2:31:00) Councilmember Lawrence-Anderson _______. She explained she would like the site to remain as a historical site. _______. All people make mistakes. (2:32:30) _______. Overall she would support changing the name. (2:33:30) _______. Dr. Edwards stated the resolution only pertains to the facility and the street. The Council did not direct Staff to address any other items such as memorabilia. Councilmember Graves noted her appreciation of Councilmember Lawrence-Anderson’s comments. She is in support of the name change, but it would still be important to tell the history of the site because individuals are not one-sided. In addition to keeping some historical memorabilia, it may be helpful to add information regarding the Council’s reasoning for their decision. Councilmember Graves asked if the comment about $165,000 being spent on the name change is accurate. Dr. Edwards stated there were costs for the consultant who did market research and there will be costs for signage and rebranding. 6/13/22 -14- DRAFT Mr. Ballenger stated the cost for the name change includes a new logo design and introduction of the new name. $14,000 of the $24,000 budget for that has been spent already. A large expense is the water tower. The estimate to paint the water tower is around $40,000. The print material alone will cost $24,000 for items such as menus, planners, historical guide, and more. There are also several signs with the original name, and it would cost about $9,000 to change the signage. Additionally, some décor items include Earle Brown that needs to be replaced. There is also an estimated $7,000 cost for retiling the rotunda. Councilmember Graves asked if there is an option to wait on some of the items and assess its historical value before changing it. It may reduce costs while preserving some history. Mr. Ballenger stated the plan was to do changes in phases because they cannot afford to do everything at one time. They are also looking for direction from the Council in regard to what to keep. Councilmember Graves added she does not support cancel culture. Name changes are difficult. She explained she was part of the Patrick Henry High School name change discussions and the Lake Calhoun to Bde Maka Ska. It is important to address harms caused. (2:42:50) Councilmember Lawrence-Anderson stated _______. Dr. Edwards noted the Council has directed Staff to make a name change. Staff always acts in a financially prudent manner. He stated there is a difference between the name of the facility and the story of the facility. Mayor Elliott stated history is important. The City needs to live its values. He explained he has a certain reverence for those who have served the City, in whatever capacity that may be. The Council is moving in the right direction. It makes sense financially. Without a name change, a portion of the market would be alienated. Councilmember Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2022-62 to Change the Name of Earle Brown Heritage Center to the Heritage Center of Brooklyn Center. Motion passed unanimously. 10c. RESOLUTION APPROVING A MEMBERSHIP TO THE FENCING CONSORTIUM JOINT POWERS FOR TEMPORARY FENCING Dr. Edwards stated the item is alignment with direction from the Council for Staff to seek State funding to work with other jurisdictions to seek temporary fencing. During the civil unrest, the fence was used to de-escalate and mitigate altercations. The fencing would only be used if it were needed during a crisis situation. It would be a temporary measure. The jurisdictions are trying to pick up the costs. Mayor Elliott asked what the cost to Brooklyn Center would be. Dr. Edwards stated it would be $300. Mayor Elliott noted a number of groups would be part of the Joint Powers Consortium 6/13/22 -15- DRAFT including the Scott County Sheriff’s Office. He asked why Hennepin County is not included. (2:52:55) ____ stated _______. Hennepin County was approached. (2:53:20) _____. (2:54:20) Councilmember Lawrence-Anderson asked if Hennepin County is already involved in another consortium. ________. (2:55:00) ____ stated _______. Dr. Edwards noted the City has spent over $100,000 on fencing over the past year for temporary fencing. Mayor Elliott asked if the number is an estimate. (2:56:30) ________. (2:56:50) Chief Greunig stated _______. Mayor Elliott thought it was odd that so many communities came together to build fences or walls rather than building one another up. He wants to build a transformative community in Brooklyn Center. They do not need to barricade City facilities. It may appear to make financial sense, but they would be investing in division rather than transformation. Additionally, there is not a current need for the fences. (3:00:25) Councilmember Butler asked _______. Dr. Edwards stated there is a timeline for the fence to be removed. There have been conversations about a permanent fence that is currently on hold. Councilmember Graves noted her agreement with comments made by Mayor Elliott but also supports the opinion of Dr. Edwards. (3:01:40) She stated _______. Dr. Edwards stated the fence would be temporary and stored elsewhere and only implemented in the case of an emergency. Councilmember Graves added the timing of the proposal is an important consideration. (3:03:00) Councilmember Lawrence-Anderson stated _______. (3:05:20) Councilmember Graves stated _______. (3:06:10) Councilmember Butler stated _______. 11. COUNCIL REPORT None. 12. ADJOURNMENT Mayor Elliott moved and Councilmember Graves seconded adjournment of the City Council meeting at 9:06 p.m. Motion passed unanimously.                  !  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Calls will not be counted for purposes of determining licensing categories where the victim and suspect are “Family or household members” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I – 3 Year 1-2 units 0-2 3+ units 0-0.75 Type II – 2 Year 1-2 units Greater than 2 but not more than 5 3+ units Greater than 0.75 but not more than 1.5 Type III – 1 Year 1-2 units Greater than 5 but not more than 9 3+ units Greater than 1.5 but not more than 3 Type IV – 6 Months 1-2 units Greater than 9 3+ units Greater than 3 Li c e n s e L o c a t i o n A d d r e s s L i c e n s e S u b t y p e R e n e w a l / I n i t i a l O w n e r Pr o p e r t y Co d e Vi o l a t i o n s Li c e n s e Ty p e P o l i c e C F S * Fi n a l Li c e n s e Ty p e * * Pr e v i o u s Li c e n s e Ty p e * * * BL 2 2 - 0 3 4 7 4 2 0 1 L a k e s i d e A v e N , # 1 0 9 C o n d o I n i t i a l M a r i e L D w o r s h a k 1 Ty p e I T y p e I I N / A BL 2 2 - 0 3 3 8 4 2 0 7 L a k e s i d e A v e N , # 1 4 0 C o n d o I n i t i a l K e n o s h a - P a c i f i c R E 1 L L C 0 Ty p e I T y p e I I N / A BL 2 2 - 0 3 3 0 5 3 0 1 W i n c h e s t e r L a S i n g l e I n i t i a l S F R A c q u i s i t i o n s 2 , L L C 4 Ty p e I I Ty p e I I N / A BL 2 2 - 0 3 3 6 6 5 0 6 D r e w A v e N S i n g l e I n i t i a l P e t e r M I s a b e l l 21 Ty p e I V Ty p e I V N / A BL 2 2 - 0 1 0 8 6 5 1 1 H u m b o l d t A v e N Mu l t i p l e F a m i l y 2 B l d g s 1 0 2 u n i t s R e n e w a l T h e P i n e s N o r t h L l c 21 3 = 2 . 0 8 p e r un i t Ty p e I I I Ty p e I I I BL 2 2 - 0 0 9 9 6 7 3 7 H u m b o l d t A v e N Mu l t i p l e F a m i l y 2 B l d g s 1 8 u n i t s R e n e w a l H u m b o l d t S q u a r e V e n t u r e s L l c 43 = 2 . 3 8 p e r un i t Ty p e I I I Ty p e I I I BL 2 2 - 0 2 4 7 5 3 0 4 V i n c e n t A v e N Tw o F a m i l y 1 u n i t R e n e w a l L o u Y a n g & P a o G V a n g 1 Ty p e I Ty p e I I I BL 2 2 - 0 3 5 9 5 3 0 6 R u s s e l l A v e N Tw o F a m i l y 2 u n i t s R e n e w a l J o n a t h a n & D o n n a R e i n a r z 1 = . 5 p e r u n i t Ty p e I Ty p e I BL 2 2 - 0 1 7 5 5 2 5 6 T w i n L a k e B l v d E Tw o F a m i l y 2 u n i t s R e n e w a l B r i a n S o m k h a n 1 = . 5 p e r u n i t Ty p e I Ty p e I BL 2 2 - 0 1 3 2 5 3 3 7 Q u e e n A v e N Tw o F a m i l y 2 u n i t s R e n e w a l E d i t h P e r l i n 31 = 1 5 . 5 p e r un i t Ty p e I V Ty p e I V BL 2 2 - 0 3 5 8 4 2 0 7 L a k e s i d e A v e N , # 3 2 0 C o n d o R e n e w a l H P o l l i n g e r & L P o l l i n g e r T r 2 Ty p e I T y p e I BL 2 2 - 0 2 8 9 1 3 0 0 7 2 n d A v e N S i n g l e R e n e w a l S c o t t & M a r i n e l a S e l s e t h 1 Ty p e I Ty p e I I I BL 2 2 - 0 3 6 4 1 7 0 6 A m y L a S i n g l e R e n e w a l 1 7 0 6 A m y L n N L L C 0 Ty p e I Ty p e I I BL 2 2 - 0 3 3 3 3 0 1 8 O h e n r y R d S i n g l e R e n e w a l G o d i v a P r o p e r t i e s L l c 2 Ty p e I Ty p e I V BL 2 2 - 0 2 3 8 3 1 2 5 6 6 t h A v e N S i n g l e R e n e w a l C h r i s t i n a D u o n g & D a n n y V o 1 Ty p e I Ty p e I BL 2 2 - 0 3 3 2 4 7 0 7 E l e a n o r L a S i n g l e R e n e w a l C o s c o P r o p e r t y 4 L L C 6 Ty p e I I I Ty p e I I BL 2 2 - 0 1 2 6 5 3 5 6 7 1 s t C i r S i n g l e R e n e w a l X i a o y a n H u 4 Ty p e I I Ty p e I V BL 2 2 - 0 3 1 8 5 6 1 1 K n o x A v e N S i n g l e R e n e w a l P r o O p e r a m S u b X I L L C 1 Ty p e I Ty p e I I BL 2 2 - 0 3 2 6 5 6 4 2 L o g a n A v e N S i n g l e R e n e w a l M n s f T 3 S P E L L C 8 Ty p e I I I Ty p e I I I BL 2 2 - 0 3 0 8 5 7 2 4 L o g a n A v e N S i n g l e R e n e w a l K o n s t a n t i n G i n z b u r g 4 Ty p e I I Ty p e I V BL 2 2 - 0 2 3 4 5 9 0 7 X e r x e s A v e N S i n g l e R e n e w a l B r e t t R H i l d r e t h 2 Ty p e I Ty p e I BL 2 2 - 0 1 3 5 6 3 2 5 K y l e A v e N S i n g l e R e n e w a l C u o n g P h a m 14 Ty p e I V Ty p e I I BL 2 2 - 0 3 2 4 6 6 0 1 U n i t y A v e N S i n g l e R e n e w a l C e l M o n t o n L l c | D o u g W a h l 4 Ty p e I I Ty p e I BL 2 2 - 0 2 5 4 6 6 1 4 B r y a n t A v e N S i n g l e R e n e w a l Y i L i n & X i L i n 5 Ty p e I I Ty p e I V BL 2 2 - 0 3 4 3 6 6 4 2 C a m d e n D r S i n g l e R e n e w a l J o b y J o h n & R e s m y K u r i a n 1 Ty p e I T y p e I BL 2 2 - 0 3 2 8 7 0 0 1 E m e r s o n A v e N S i n g l e R e n e w a l M o s e s G i b s o n & M a r a K J e n s o n 3 Ty p e I I Ty p e I V BL 2 2 - 0 2 1 8 7 0 1 8 D r e w A v e N S i n g l e R e n e w a l M i c h a e l B o c k o 2 Ty p e I Ty p e I I *C F S = C a l l s f o r S e r v i c e f o r r e n e w a l l i c e n s e s o n l y ( i n i t i a l l i c e n s e s a r e n o t a p p l i c a b l e t o c a l l s f o r s e r v i c e a n d w i l l b e l i s t e d N / A ) ** L i c e n s e t y p e b e i n g i s s u e d ** * I n i t i a l l i c e n s e s w i l l n o t s h o w a T y p e I = 3 Y e a r , T y p e I I = 2 Y e a r , T y p e I = 1 Y e a r , T y p e I V = 6 m o n t h s Al l p r o p e r t i e s a r e c u r r e n t o n C i t y u t i l i t i e s a n d p r o p e r t y t a x e s                  !  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((' . 4  3% /   . 4   .CD DATE: June 27, 2022 TO: Dr. Reggie Edwards, City Manager THROUGH: Meg McMahan, Community Development Director FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Abatement of Nuisance at 1208 57th Avenue N Recommendation: Staff is recommending the approval of the subject resolution ordering the abatement of the conditions creating a nuisance property, authorizing the City Manager to abate the nuisance. The resolution declares the property a nuisance building and authorizes the City to abate any junk/furniture/appliances, rubbish and brush. Background: The property at 1208 57th Avenue N is currently occupied by the owner, James Fuhrmann. The following is a brief summary of actions related to this recommended Council action: x On March 14, 2022 the City Council approved to have the junk, trash, and debris removed from the property. On March 28, 2022 the city abated the remaining junk, trash, debris that the owner/occupants did not remove. Staff called Randy’s trash service and verified that the property does have active trash removal service. x Staff completed a routine inspection on April 27, 2022 and found that the property had an accumulation of junk, trash, and debris. A compliance notice was sent to remove the junk, trash and debris. x A follow up inspection was conducted on May 4, 2022 and there were no improvements to remove the junk, trash, and debris. Additional trash was added to the original pile of trash. A $125 Administrative Citation was issued and a 2nd compliance notice was sent. x A follow up inspection was conducted on May 16, 2022 and there were no improvements to remove the junk, trash, and debris. x A follow up inspection was conducted on May 27, 2022 and there were no improvements to remove the junk, trash, and debris. Additional trash was added to the original pile of trash. A $250 Administrative Citation was issued. x On June 8, 2022 a final compliance notice informing the owner to remove the junk or an occupied abatement will be pursued on the June 27, 2022 City Council meeting. The property is still in violation and additional trash has been added. Staff called Randy’s trash service and verified that the property has trash service, however, the trash is not getting picked up because the bins are not being taken to the curb. Since the bins are not taken to the curb Randy’s trash will not pick it up from the house. If the resolution is approved, staff will provide a final notice to the owner to remove any junk/trash/debris off the property. If the any junk/trash/debris are not abated the City will immediately start the abatement. Based on findings, staff recommends the City Council adopt the findings of the City Inspectors regarding the nuisance and authorize the City Manager to abate the nuisance by removing any junk/trash/debris. Budget Issues: The estimated direct cost of cleaning out the property is $500.00 depending on disposal and material costs. All associated costs of abatement will be the responsibility of the owner and if unpaid, the costs will be specially assessed against the property. Strategic Priorities: x Enhanced Community Image Attachments: Resolution Notice Pictures 1 Member ___________________ introduced the following resolution and moved its adoption: RESOLUTION NO. 2022-______ A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A PUBLIC NUISANCE PROPERTY EXISTING AT 1208 57TH AVENUE NORTH IN THE CITY OF BROOKLYN CENTER WHEREAS, the property located at 1208 57th Avenue North, legally described in the attached Exhibit A, contains a single-family dwelling (the “Subject Property”) and is located in the city of Brooklyn Center (the “City”) in the R1 – One Family Residence zoning district; and WHEREAS, according to public records, the Subject Property is owned by James Fuhrmann (the “Owner”); and WHEREAS, to the best of the City’s knowledge, James Fuhrmann is the sole occupant of the Subject Property; and WHEREAS, on March 14, 2022, the City Council adopted Resolution No. 2022-___ ordering the abatement of conditions creating a public nuisance property at the Subject Property, including the abatement of junk, trash and debris from the Subject Property; and WHEREAS, Resolution No. 2022-33 is attached hereto as Exhibit B and is incorporated herein by reference; and WHEREAS, on March 28, 2022, in accordance with Resolution No. 2022-33, the City abated the junk, trash and debris from the Subject Property that the Owner failed to remove, and City staff confirmed that the Subject Property does not have an active trash removal service with the previous garbage hauler for the Subject Property; and WHEREAS, City staff conducted physical inspections of the Subject Property on April 27, 2022, May 4, 2022, May 16, 2022 and May 27, 2022; and WHEREAS, during each of the aforementioned inspections, staff observed an accumulation of junk, trash and debris on the Subject Property, and on May 4, 2022 and May 27, 2022, staff discovered that additional trash had been added to the original pile of trash on the Subject Property; and WHEREAS, on April 27, 2022 and May 4, 2022, compliance notices were posted at the Subject Property and were mailed to the Owner, notifying the Owner of the violations of certain code provisions addressed herein, as well as the steps needed to correct the conditions and associated deadlines; and WHEREAS, on May 4, 2022 and May 27, 2022, administrative citations were issued to the Owner for the accumulation and storage of garbage, junk and debris on the Subject Property; and 2 WHEREAS, on June 8, 2022 a final compliance notice was issued to the Owner, which notified the Owner that if he failed to bring the Subject Property into compliance, the City would pursue abatement or additional enforcement actions at its regular meeting on June 27, 2022; and WHEREAS, sections 7-102 and 7-105 of the Brooklyn Center City Code (the “Code”) deem it unlawful to store or accumulate any refuse on private property, unless such accumulation is in a container permitted, and the contents disposed of, under other provisions of the City Code; and WHEREAS, section 19-101 of the Code deems it a public nuisance to maintain or permit a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any number of members of the public; and WHEREAS, section 19-103 of the Code deems it a public nuisance to permit or maintain the accumulation of rubbish and junk on real property; and WHEREAS, sections 12-301 through 12-306 of the Code impose certain requirements on the maintenance of personal property and on the storage and disposal of rubbish and garbage; and WHEREAS, the Owner has not corrected the aforementioned unlawful conditions at the Subject Property and the City’s deadlines as provided in the letters have passed; and WHEREAS, pursuant to sections 7-105, 19-105, and 12-1206 of the City Code, the City Council may order the abatement of certain violations by the City on any premises; and WHEREAS, the City mailed the Owner 10 days’ written notice indicating that at its meeting on June 27, 2022, the City Council would consider a resolution deeming the Subject Property a nuisance and ordering its abatement; and WHEREAS, based on the information presented, the City Council has decided that the condition of the Subject Property constitutes a public nuisance and violates local law and, therefore, should be abated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Council adopts, as factual findings, all of the above-listed Recitals, and finds violations of all code provisions listed herein. 2. The condition of the Subject Property constitutes a public nuisance in light of these violations. 3. Pursuant to its authority under the City Code, City staff is authorized to take necessary steps to conduct the abatement of the aforementioned violations and assess the costs thereof against the Subject Property. 3 June 27, 2022 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. A-1 Exhibit A Legal Description of the Subject Property Lot 4, Block 3, Bobendriers Addition, Hennepin County, Minnesota. B-1 Exhibit B Resolution No. 2022-____ (attached hereto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ember ___________________ introduced the following resolution and moved its adoption: RESOLUTION NO. 2022-______ A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A PUBLIC NUISANCE PROPERTY EXISTING AT 5430 OLIVER AVENUE NORTH IN THE CITY OF BROOKLYN CENTER WHEREAS, the property located at 5430 Oliver Avenue North, legally described in the attached Exhibit A, contains a single-family dwelling (the “Subject Property”) and is located in the city of Brooklyn Center (the “City”) in the R1 – One Family Residence zoning district; and WHEREAS, according to public records, the Subject Property is owned by Patricia K. Wright and Seddrex Gates (the “Owners”); and WHEREAS, on October 25, 2021, the single-family dwelling located on the Subject Property sustained damage as a result of an attached garage fire that destroyed the garage; and WHEREAS, on March 29, 2022, City staff completed an inspection of the Subject Property and found couches, black bags of debris, carpet, scrap metal, construction debris and other debris in the driveway; and WHEREAS, during the March 29, 2022 inspection, City staff attempted to make contact with the Owners while at the Subject Property, but they were unable to do so, and therefore, a compliance notice was posted on the front door of the Subject Property and was mailed to the Owners; and WHEREAS, City was subsequently informed by the City’s Police Department that the Owners rented the property and that the Subject Property was occupied; and WHEREAS, the Owners do not have a rental license issued by the City and have not applied for a rental license for the Subject Property, and therefore, the Subject Property was posted as an unlicensed rental property; and WHEREAS, City staff conducted an inspection of the Subject Property on April 5, 2022, and it was noted that there were no improvements or efforts made to remove the couches, black bags of debris, carpet, scrap metal, construction debris and other debris in the driveway; and WHEREAS, during the April 5, 2022 inspection, City staff noted an exterior light that was on and therefore, once again attempted to make contact with the occupants of the Subject Property. However, they were unable to do so, and therefore, a compliance notice was posted on the Subject Property and mailed to the Owners; and WHEREAS, on April 5, 2022, City staff also posted an initial compliance notice with regard to the repair of the fire damaged siding on the Subject Property and mailed the notice to the Owners; and 2 WHEREAS, City staff conducted an inspection on April 12, 2022, and a portion of the couches, black bags of debris, carpet, scrap metal, construction debris and other debris in the driveway had been abated, but the walls of the burnt garage remained on the Subject Property; and WHEREAS, City staff spoke with the contractor working on the Subject Property and was informed that the contractor would be returning to the Subject Property to remove the remaining parts of the garage; and WHEREAS, on April 15, 2022, a compliance notice was posted on the Subject Property and mailed to the Owners with regard to the removal of junk, trash and debris that remained on the Subject Property; and WHEREAS, City staff conducted an inspection on April 18, 2022 and noted no improvements with regard to the removal of the burnt garage walls and other debris, and therefore, the City issued an administrative citation for the junk, trash and debris remaining on the Subject Property, which was posted on the Subject Property and mailed to the Owners; and WHEREAS, City staff noted no improvements to the fire damage debris on the Subject Property during an inspection on April 29, 2022, and therefore, on May 3, 2022 a compliance notice to repair the exposed sheathing and fire damage was posted on the Subject Property and mailed to the Owners. Additionally, an administrative citation was issued for failure to repair the damaged siding; and WHEREAS, on May 9, 2022, City staff spoke with the occupant of the Subject Property and was informed that the fire debris and junk needed to be abated. The occupant stated that the contractor that had been hired was told he could not be on the Subject Property, and therefore, had not returned to complete the work; and WHEREAS, during the May 9, 2022 inspection, the occupant of the Subject Property was notified that the remaining debris had to be abated and brought into compliance and that a rental license had not been issued to the Owners for the Subject Property; and WHEREAS, City staff conducted inspections on May 10, 2022 and May 27, 2022 and no improvements or abatement were noted on the Subject Property; and WHEREAS, on May 10, 2022, an administrative citation was issued for the junk, trash and debris on the Subject Property, and on May 27, 2022, a compliance notice was mailed to the Owners with regard to the removal of the junk, trash and debris remaining on the Subject Property; and WHEREAS, City staff conducted an inspection on June 8, 2022, and while there was some improvement and abatement with regard to the removal of junk, trash and debris from the Subject Property, fire damage debris remained on the Subject Property and the fire damaged siding had not been repaired; and 3 WHEREAS, on June 8, 2022 a final compliance notice was issued to the Owners, which notified the Owners that if they failed to bring the Subject Property into compliance, the City would pursue abatement or additional enforcement actions at its regular meeting on June 27, 2022; WHEREAS, sections 7-102 and 7-105 of the Brooklyn Center City Code (the “Code”) deem it unlawful to store or accumulate any refuse on private property, unless such accumulation is in a container permitted, and the contents disposed of, under other provisions of the City Code; and WHEREAS, section 19-101 of the Code deems it a public nuisance to maintain or permit a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any number of members of the public; and WHEREAS, section 19-103 of the Code deems it a public nuisance to permit or maintain the accumulation of rubbish and junk on real property; and WHEREAS, sections 12-301 through 12-306 of the Code impose certain requirements on the maintenance of personal property and on the storage and disposal of rubbish and garbage; and WHEREAS, the Owner shas not corrected the aforementioned unlawful conditions at the Subject Property and the City’s deadlines as provided in the letters have passed; and WHEREAS, pursuant to sections 7-105, 19-105, and 12-1206 of the City Code, the City Council may order the abatement of certain violations by the City on any premises; and WHEREAS, the City mailed the Owners 10 days’ written notice indicating that at its meeting on June 27, 2022, the City Council would consider a resolution deeming the Subject Property a nuisance and ordering its abatement; and WHEREAS, based on the information presented, the City Council has decided that the condition of the Subject Property constitutes a public nuisance and violates local law and, therefore, should be abated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Council adopts, as factual findings, all of the above-listed Recitals, and finds violations of all code provisions listed herein. 2. The condition of the Subject Property constitutes a public nuisance in light of these violations. 3. Pursuant to its authority under the City Code, City staff is authorized to take necessary steps to conduct the abatement of the aforementioned violations and assess the costs thereof against the Subject Property. 4 June 27, 2022 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. A-1 Exhibit A Legal Description of the Subject Property Tract B, Registered Land Survey No. 416, County of Hennepin, State of Minnesota. Photos taken on April 5, 2022 Photos taken on April 5, 2022 Photos taken on April 18, 2022 Photos taken on May 10, 2022 Photos taken on June 8, 2022 Photos taken on June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App. No. 2022-002 CC 06/27/2022 Page 1 City Council Staff Report Meeting Date: June 27, 2022 Revised from May 12, 2022 & June 9, 2022 Application No. 2022-002 Applicant: Dorsey & Whitney LLP on behalf of Independent School District No. 286 Location: 5910 Shingle Creek Parkway Requests: Preliminary and Final Plat for BCCS 5910 Shingle Creek Addition REQUESTED ACTION Subdivision of 5910 Shingle Creek Parkway to facilitate purchase of property by Independent School District No. 286 and sale of certain undeveloped and underutilized portions to the City of Brooklyn Center, Brooklyn Center Economic Development Authority, or other party for future redevelopment. Dorsey & Whitney LLP, on behalf of Independent School District No. 286 (“The Applicant”) is requesting review and consideration for approval of a preliminary and final plat for BCCS 5910 SHINGLE CREEK ADDITION, which encompasses approximately 8 acres of property located at 5910 Shingle Creek Parkway. Refer to Exhibit A. Due to the nature of the requests, a public hearing is required. A public hearing notice was originally published in the Brooklyn Center Sun Post on April 28, 2022, and subsequently re-noticed due to a shift back to in-person meetings. Mail notifications were sent to properties within vicinity of the Subject Property per City Code and State Statute requirements. Due to failure to meet quorum, the May meeting was cancelled and the public hearing was re-noticed for the June 9, 2022 Planning Commission meeting in the Brooklyn Center Sun Post on May 26, 2022 and mail notifications sent. Additionally, the 60-day review period for land use applications has been extended, with the applicant being notified on June 1, 2022. Again, in June, the Planning Commission meeting was not held, as there were not enough Commissioners present to meet quorum. The public hearing and consideration of this application were then moved to be heard at the June 27, 2022 City Council meeting. A new public hearing notice was published on June 16, 2022 to reflect the new meeting date. (Exhibit B). x Application Filed: 4/12/2022 x Review Period (60-day) Deadline: 6/11/2022 x Extension Declared: 6/1/2022 x Extended Review Period Deadline: 8/10/2022 App. No. 2022-002 CC 06/27/2022 Page 2 COMPREHENSIVE PLAN AND ZONING STANDARDS Map 1. Existing Configuration of Subject Property 2040 Future Land Use Plan: TOD – Transit Oriented Development Neighborhood: Centennial Current Zoning: C2 (Commerce) District, Central Commerce Overlay District Surrounding Zoning: North: C1A (Service/Office) and C2 (Commerce) Districts East: C2 (Commerce) District South: C2 (Commerce) District West: R7 (Multi Family Residence) District –City-owned Site Area: 7.98 total acres BACKGROUND The Subject Property currently developed with one building, which was approved and built in 1969 (PC Application No. 69003). Currently, the building has two tenants and is used as office space for mental health and educational services. The property was last sold in 2013 and Independent School District No. 286 is a current tenant. In 2014, City Council approved a Special Use Permit to operate a group day care facility and construct an outdoor playground at the Subject Property (Centaur Beginnings, through Independent School District No. 286). Group day care facilities are permitted by special use in the C2 District. The Applicant’s present uses of educational services, group day care, and educational offices, is in alignment with permitted uses for the C2 District and the Central Commerce Overlay District. The Subject Property is guided to be zoned TOD (Transit Oriented Development) per the City’s 2040 Comprehensive Plan, and the Applicant’s current and future intended uses for the building as education administration offices, an Area Learning Center (ALC), and group day care facility, maintain consistency with permitted uses for the proposed future TOD zoning district. Presently, the Subject Property is in the process of being purchased by the Applicant, who is a current and major tenant of the building located on-site. The Applicant proposes to consolidate their district offices App. No. 2022-002 CC 06/27/2022 Page 3 and childcare services into the one building on the Subject Property. This would ultimately include incorporation of an Early Learning Center, which would provide services for students from birth until school age. The proposed building’s use would also include a community service center, enrollment center, wellness center, and elder’s room. As stated previously, the proposed office space, Early Learning Center, and educational services are consistent with the Subject Property’s current C2 District zoning as well as the proposed future TOD District zoning. The Applicant intends to subdivide the Subject Property as a part of the purchase process. In this scenario, the City of Brooklyn Center would purchase the portion of the property not required for the Applicant’s needs and future uses. This would result in the Applicant purchasing approximately 2.5 acres of the Subject Property, and the City of Brooklyn Center purchasing the approximately 5.4 acre remainder, which is currently underutilized and used as excess parking for the property. The 80 parking spaces to be maintained on-site for proposed Lot 1 would meet current zoning standards and there are no plans at this time to expand the building’s footprint. The proposed subdivision requires the property to undergo the preliminary and final plat approval process as stated in Chapter 15 (Platting) of City Code. The subdivision and subsequent re-plat will meet the Applicant’s needs by accommodating the necessary site needs for the property’s future use and without the excess, underutilized land. Image 1. Existing North and East Parking Lot Areas at 5910 Shingle Creek Parkway. The portion of subdivided property to be acquired by the City of Brooklyn Center meets the needs of the City by supporting the long-term vision of the City’s Opportunity Site. As the City prepares for the future development of the City EDA-owned property located directly south of the Subject Property, (the south- west corner of the Opportunity Site) acquisition of this property will provide the City with the necessary land for future public roadways, public parks, improved utilities, or additional land to be developed. It should be noted that until such time development and reconstruction of future infrastructure and potential future developments occurs on the adjacent EDA-owned properties, the Applicant would continue to utilize the excess existing parking facilities located on the property. PRELIMINARY AND FINAL PLAT City Engineer Mike Albers and Principal Engineer Jay Hill conducted a review of the application submittal and documentation (Exhibit A). Comments regarding this application can be found in the memorandum to City staff and dated April 27, 2022, attached hereto (Exhibit D). App. No. 2022-002 CC 06/27/2022 Page 4 It is noted within the attached memorandum that the City recommends that Lot 2 be platted as an Outlot at this time, rather than a lot. Drainage and Utility easements are not required along the side or rear lot lines of an Outlot, and it is anticipated that that the approximately 5.4-acres would be re-platted in the near future to address City goals. An existing trash enclosure located at the north end of the Subject Property would need to be relocated onto proposed Lot 1 and comply with all City Code requirements relating to setbacks and screening (refer to Image 2 below): Image 2. Existing Trash Enclosure on Subject Property (to be relocated). The submitted Preliminary Plat, dated April 12, 2022, appears to reflect an encroachment of the building’s awning and support wall, located on the southwest corner, into the required 10-foot building setback. City Engineering requests that an additional exhibit be provided reflecting the proposed setbacks. The Applicant will also need to provide an updated certified abstract of the title or registered property report to the City Planner and City Attorney for review. APPROVAL CONDITIONS City staff recommends the following conditions be attached to any positive recommendation on the approval of Planning Commission Application No. PC2022-002, which requests approval of the preliminary and final plat of certain property located at 5910 Shingle Creek Parkway (“the Subject Property”) to BCCS 5910 SHINGLE CREEK ADDITION: 1. Approval of the preliminary and final plat for BCCS 5910 SHINGLE CREEK ADDITION are contingent upon the addressing of comments by Principal Engineer Hill in his memorandum dated April 27, 2022. 2. Final plat and mylar shall be subject to the provisions of Chapter 15 of the City Code of Ordinances (Platting). 3. Any final plat comments and/or requirements as provided by Hennepin County. 4. Any final plat comments and/or requirements from the City Attorney’s office, and specifically regarding an updated certified abstract of title. 5. The successful recording of said plat (mylar) with Hennepin County. 6. All conditions as contemplated under City Council Resolution No. 2014-154 remain en force and any requests to alter or expand upon approved special uses are to be coordinated with the City for determination of further City approvals. RECCOMENDATION Based on the above-noted findings and conditions, City staff recommends: App. No. 2022-002 CC 06/27/2022 Page 5 City Council approval of the requested Preliminary and Final Plat for the BCCS 5910 SHINGLE CREEK ADDITION for the Subject Property located at 5910 Shingle Creek Parkway, subject to the ĨŝŶĚŝŶŐƐŽĨĨĂĐƚĂŶĚƚŚĞApplicant complying with the Approval Conditions as noted above. Attachments Exhibit A – Planning Commission Application No. 2022-002 and documentation, submitted by Dorsey & Whitney LLP on behalf of Independent School District No. 286, and dated April 12, 2022. Exhibit B – Public Hearing Notice, dated April 28, 2022, as published in the Brooklyn Center Sun Post, and updated Public Hearing Notice published on May 5, 2022, to reflect the change of meeting venue. Public Hearing Notice, dated May 26, 2022, as published in the Brooklyn Center Sun Post, and 60-day review extension letter. Public Hearing Notice published June 16, 2022, to reflect the public hearing being held at the June 27, 2022 City Council meeting Exhibit C – City Council Resolution No. 2014-154 (relating to Planning Commission Application No. 2014-016). Exhibit D – Memorandum and Exhibits, prepared Principal Engineer Jay Hill, dated April 27, 2022. 5910SubdivisionNarrativeSummary  Address:5910ShingleCreekPkwy,BrooklynCenterMN55430 PID:0211821210001  CurrentOwner:MSBHoldingsͲBrooklynCenter,LLC ProposedNewOwner:BrooklynCenterCommunitySchools  x 5910ShingleCreekPkwyislocatedalongShingleCreekParkwaybetweenJohnMartinDr.and BassLakeRd.ThepropertyiszonedC2Commercial,andspansjustshyof8acres.Itislocated withinthecity’sOpportunitySite,whichisguidedforadditionalusesanddevelopment.  x Thesinglestructureonthesite,builtin1969,iscurrentlyoccupiedbytwotenantsandisusedas officespaceforpublicͲfacingmentalhealthandeducationalservices.Itwaslastsoldin2013.  x ThelotisbeingpurchasedbyBrooklynCenterCommunitySchools(BCCS),toprovidenecessary officespacefortheirdistrictheadquartersandprogramming.BCCSisoneoftheexistingonͲsite tenants,andisseekingtoconsolidatetheirdistrictofficesandchildcareserviceintoone building.TheschooldistrictisplanningtobuildoutanEarlyLearningCentertocreatea continuumofserviceforstudentsfrombirthtoschoolage.Thebuildingwillalsohousea communityservicecenter,enrollmentcenter,wellnesscenter,andelder’sroom.Thesecurrent andproposedusesareconsistentwiththesite’scurrentC2Commercialzoning,andthe intendedfutureusesoftheOpportunitySite.  x Aspartofthesaleprocess,BCCSandtheCityofBrooklynCenterintendtosubdividethesite. BCCSwillpurchasetheapproximately111,000sqftnecessaryfortheirsiteneeds,whereasthe CitywillpurchasetheremaininglandͲapproximately237,000sqft.Thissubdivisionwillbetter accommodatetherealisticspatialneedsofBCCSbyreducingtheirsiteandownershipfootprint. ItwillalsosupportthelongͲtermvisionoftheCityfortheOpportunitySite,asitwillprovidethe Citywith: o Necessarylandforfuturepublicroadwaysandimprovedutilities; o AdditionalcityͲowneddevelopableland; o Landforfuturepublicparkland.  x Untilthereconstructionofadjacentfutureinfrastructureandfacilities,BCCSwillcontinuetouse theexistingoffͲstreetparkingfacilitiesaroundtheirsite,astheycurrentlydotoday.Oncethe reconstructioniscompleted–apreliminaryconceptofwhichisshownintheattachment labeled5910PreliminaryLayout–thesitewillmaintainatleast80dedicatedoffͲstreetparking spaceswithintheLot1footprintoftheBCCSsite. 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L = 9 8 .4 5 ∆ = Mi n n e s o t a ; t h a t ent s d e p i c t e d o n ubd . 3 , a s o f t h e [Signature Page to Purchase and Sale Agreement] 4894-7975-0670\6 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. SELLER: MSB HOLDINGS-BROOKLYN CENTER, LLC By: _________________________________________ Name: _______________________________________ Its: _________________________________________ BUYER: INDEPENDENT SCHOOL DISTRICT NO. 286 By: _________________________________________ Name: _______________________________________ Its: _________________________________________                            City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763)569-3300 | www.cityofbrooklyncenter.org NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the Planning Commission of the City of Brooklyn Center will hold an on-line public hearing on Thursday, May 12, 2022,at approximately 7:00 p.m. Meeting materials can be accessed by visiting the City of Brooklyn Center’s website at: https://www.ci.brooklyn-center.mn.us/. A definite time for this application to be considered cannot be given as it will depend on the progression of the agenda items. TYPE OF REQUEST:Preliminary & Final Plat for BCCS 5910 Shingle Creek Addition APPLICANT: Dorsey & Whitney LLP, on behalf of Independent School District No. 286 PROPERTY OWNER: MSB Holdings Brooklyn Center LLC PROPERTYADDRESS / ID: 02-118-21-21-0001 BRIEF STATEMENT OF CONTENTS OF PETITION: The Applicant is requesting review of a proposal to subdivide the approximately 8 acre Subject Property, which would allow the Applicant to consolidate their district offices and childcare services into one building and expand the Applicant’s continuum of services on an approximately 2.5 acre lot. The remaining 5.4 acres would be subdivided and purchased by the City of Brooklyn Center to help support long-term redevelopment plans, and through acquisition of necessary lands for future public roadways and utilities, developable lands, and public park lands. Comments and questions may be forwarded to oboerschinger@ci.brooklyn-center.mn.us up until 4:30 pm on the day of the meeting, or contact Olivia Boerschinger at (763) 569-3316. Your comments will be included in the record and addressed as part of the meeting. Alternatively, you may participate in the Planning Commission meeting via Webex at: logis.webex.com Meeting Number (Access Code): 2469 523 8910 Password: BCPC05122022 By Phone: 1 (312) 535-8110 (Enter Access Code) Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at (763) 569-3300 to make arrangements. Respectfully, Olivia Boerschinger Associate Planner City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763)569-3300 | www.cityofbrooklyncenter.org NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that thepublic hearing previously scheduled to be held virtually on Thursday, May 12, 2022 will now be held in-person at approximately 7:00 p.m., at Brooklyn Center City Hall, located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota.Meeting materials can be accessed by visiting the City of Brooklyn Center’s website at: https://www.ci.brooklyn-center.mn.us/. A definite time for this application to be considered cannot be given as it will depend on the progression of the agenda items. TYPE OF REQUEST:Preliminary & Final Plat for BCCS 5910 Shingle Creek Addition APPLICANT: Dorsey & Whitney LLP, on behalf of Independent School District No. 286 PROPERTY OWNER: MSB Holdings Brooklyn Center LLC PROPERTYADDRESS / ID: 02-118-21-21-0001 BRIEF STATEMENT OF CONTENTS OF PETITION: The Applicant is requesting review of a proposal tosubdivide the approximately 8-acre Subject Property, which would allow the Applicant to consolidate their district offices and childcare services into one building and expand the Applicant’s continuum of services on an approximately 2.5 acre lot. The remaining 5.4 acres would be subdivided and purchased by the City of Brooklyn Center to help support long-term redevelopment plans, and through acquisition of necessary lands for future public roadways and utilities, developable lands, and public park lands. Comments and questions may be forwarded to oboerschinger@ci.brooklyn-center.mn.us up until 4:30 pm on the day of the meeting, or contact Olivia Boerschinger at (763) 569-3316. Your comments will be included in the record and addressed as part of the meeting. Alternatively, you may also participate virtually in the meeting via Webex at: logis.webex.com Meeting Number (Access Code): 2469 523 8910 Password: BCPC05122022 By Phone: 1 (312) 535-8110 (Enter Access Code) Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at (763) 569-3300 to make arrangements. Respectfully, Olivia Boerschinger Associate Planner June 1, 2022 Dorsey & Whitney LLP on behalf of ISD No. 286 Attn: Alex Sellke 50 South Sixth Street #1500 Minneapolis, MN 55402 RE: City of Brooklyn Center, MN Planning Commission Application No. 2022-002 Requests for Preliminary and Final Plat of the BCCS 5910 SHINGLE CREEK ADDITION Mr. Sellke, Pursuant to Minnesota Statutes Section 15.99, the City of Brooklyn Center is required to approve or deny a written request for certain land use actions within sixty (60) days from receipt of an application. Community Development Department records indicate the City received the above- referenced application and documentation on April 12, 2022, which means the City’s 60-day time limit would expire on June 11, 2022. By allowances granted under Minnesota Statutes Section 15.99, Subd. 3(f), the City of Brooklyn Center is hereby providing official notice that the review period has been extended an additional sixty (60) days to allow the time necessary for City staff to prepare a resolution, including proposed conditions of approval, for review and action by City Council. The new deadline for completing the review and final action on this application is now August 10, 2022. The public hearing was be re-noticed and published in the Brooklyn Center Sun Post edition for May 26, 2022, and in advance of the June 9, 2022 Planning Commission meeting. If you have any questions or concerns, please feel free to call me at (763) 569-3316 or email oboerschinger@ci.brooklyn-center.mn.us. Sincerely, Olivia Boerschinger Associate Planner MEMORAN DU M DATE:April 27, 2022 TO:Ginny McIntosh, City Planner/Zoning Administrator FROM:Jay Hill, Principal Engineer SUBJECT:Preliminary & Final Plat – 5910 Shingle Creek Parkway Public Works staff reviewed the following documents submitted for review for the proposed 5910 Shingle Creek Parkway (Planning Commission Application No. 2022-002): ƒPreliminary Plat & Final Plat dated 04/12/2022 General 1. Concept site plan to be submitted for staff review for adherence with current Opportunity Site Master Plan. Recommend reviewing/adjusting proposed lot lines to prevent future unbuildable lot remnants. Plats do not appear to be consistent with most current roadway layout plan 4A dated January 2022. 2. Final plat subject to review and approval by the Hennepin County Surveyor. 3. City shall be provided a copy of recorded final plat. 4. All monumentation shall be set in accordance with State Statutes. Miscellaneous Items 5. City to be provided copies of all required separate cross access/parking easements. 6. Trash enclosure/Trash receptacles for the existing building to relocated onto Lot 1. 7. Existing northerly driveway to Shingle Creek Parkway shall be removed and relocated to new overall development roads once they are constructed. 8. Ongoing operation and future removal of existing parking lot light in proposed Lot 2 to be coordinated. Preliminary Plat 9. Existing building awning and support wall on the SW corner of the building encroach into the required 10’ building setback. Overhang & support wall to be shown more clearly on preliminary plat. 10. Posts and light pole along the northerly boundary line appear to be encroachments onto the property. Items shall be removed or a separate encroachment easement provided. 11. Provide Floor Area Ratio (FAR) for proposed Lot 1. 12. Recommend that Lot 2 is platted as an Outlot instead of a Lot. Drainage & Utility easements not required along side or rear lot lines if platted as an Outlot. Final Plat 13. Drainage & Utility easement for the existing storm sewer shall be labeled. 14. All distances to found monumentation along the northerly and easterly boundary lines shall be labeled. 15. Drainage & Utility easement along the southwesterly line of Lot 1 shall be 10’ wide in anticipation PC Review Memo, April 27, 2022 for future road right of way. Existing improvements such as the AC unit an flag pole that encroach into this easement shall be relocated. 16. Existing street name shall be stippled. 17. All existing and vacated easements per the Title Commitment to be shown and labeled. 18. Recommend that all easements to be vacated are vacated & recorded prior to recording the final plat. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. Future site revisions and development will require a separate site plan submittal and approval. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2022-002 SUBMITTED BY DORSEY & WHITNEY LLP ON BEHALF OF INDEPENDENT SCHOOL DISTRICT NO. 286 FOR APPROVAL OF THE PRELIMINARY AND FINAL PLAT FOR BCCS 5910 SHINGLE CREEK ADDITION (5910 SHINGLE CREEK PARKWAY) WHEREAS, Planning Commission Application No. 2022-002 was submitted by Dorsey & Whitney LLP on behalf of Independent School District No. 286 (“the Applicant”), requesting preliminary and final plat approval to subdivide the approximately eight (8) acre site located at 5910 Shingle Creek Parkway (“the Subject Property”); and WHEREAS, the Applicant is currently a tenant of the existing building, which was originally constructed in 1969 and approved by the City of Brooklyn Center under Planning Commission Application No. 69003, and the Applicant intends to purchase the Subject Property; and WHEREAS, purchase of the Subject Property would allow for the Applicant to consolidate school district offices and childcare services into one building and expand the Applicant’s continuum of services on an approximately 2.5-acre lot; and WHEREAS, the remaining approximately 5.4-acres, which is largely underutilized as parking and impervious space would be subsequently purchased by the City of Brooklyn Center to help support long-term redevelopment plans, and via acquisition of necessary lands for future public roadways and utilities, developable lands, and public park lands; and WHEREAS, public hearings were noticed for May 12, 2022 and June 9, 2022, and both meetings failed to meet quorum, therefore the public hearings were not held and no recommendation was provided by the Planning Commission of the City of Brooklyn Center; and WHEREAS, a letter was sent to the Applicant on June 1, 2022, requesting a 60-day extension, and a public hearing notice was published in the Brooklyn Center Sun Post on June 16, 2022, 2022 for consideration at the June 27, 2022 City Council meeting; and WHEREAS, this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the plat requests for BCCS 5910 SHINGLE CREEK ADDITION, which were received and noted for the record; and WHEREAS, the City Council of the City of Brooklyn Center determined during its review of the plat and materials submitted with Planning Commission Application No. 2022-002, that said plat is in general conformance with the City of Brooklyn Center’s City Code of Ordinances, RESOLUTION NO. and specifically Chapter 15—Platting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2022-002, as submitted by Dorsey & Whitney LLP on behalf of Independent School District No. 286, and requesting preliminary and final plat approval for BCCS 5910 SHINGLE CREEK ADDITION, be approved based upon the findings of fact in the June 21, 2022 planning report, and submitted documents and plans as amended by the following conditions of approval: 1. Approval of the preliminary and final plat for BCCS 5910 SHINGLE CREEK ADDITION are contingent upon the addressing of comments by Principal Engineer Hill in his memorandum dated April 27, 2022. 2. Final plat and mylar shall be subject to the provisions of Chapter 15 of the City Code of Ordinances (Platting). 3. Any final plat comments and/or requirements as provided by Hennepin County. 4. Any final plat comments and/or requirements from the City Attorney’s office, and specifically regarding an updated certified abstract of title. 5. The successful recording of said plat (mylar) with Hennepin County. 6. All conditions as contemplated under City Council Resolution No. 2014-154 remain en force and any requests to alter or expand upon approved special uses are to be coordinated with the City for determination of further City approvals. June 27, 2022 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 8/30/2022 1 CityCouncilMeeting|June27,2022 OliviaBoerschinger,AssociatePlanner •REQUEST: 5910ShingleCreekParkway Preliminary|FinalPlat (PublicHearing) 2 Notification & Timing •A public hearing was published in the Brooklyn Center Sun Post on April 28, 2022, then subsequently reͲnoticed to reflect the change to return to inͲperson meetings. •The May 12 th Planning Commission meeting was canceled due to failure to meet quorum. The public hearing was published and reͲnoticed on May 26, 2022. •A60Ͳday review period extension letter was mailed to the applicant on June 1, 2022 •The June 9 th Planning Commission meeting was also cancelled due to inability to reach quorum. At this time, the consideration of this application was moved directly to Council without Planning Commission’s recommendation, and the public hearing was reͲnoticed for the final time on June 16 th, 2022. 8/30/2022 2 3 Request •Dorsey & Whitney LLP on behalf of ISD 286 (“the Applicant”) is requesting review and consideration for preliminary and final plat of BCCS 5910 SHINGLE CREEK ADDITION, which includes approximately 8 acres of property located at 5910 Shingle Creek Parkway (“the Subject Property”). 4 Background •The Subject Property is currently developed with one building, approved and constructed in 1969 (PC Application No. 69003). Presently, the building has two tenants which includes the Applicant. •A SUP to operate a group day care facility and construct an outdoor playground was approved in 2014. •The Subject Property is in the process of being purchased by the Applicant to consolidate district offices, educational services, and childcare services into the single building on the property. These uses are permitted with the current and proposed future zoning of the Subject Property. •The Subject Property is currently zoned C2 (Commerce) and is located within the Central Commerce Overlay district. It is guided to be rezoned TOD per the 2040 Comprehensive Plan. 8/30/2022 3 5 Background and Request (Cont.) •The Applicant requests to subdivide the Subject Property as a part of the purchase process. The City of Brooklyn Center intends to purchase the portion of the property not required for the Applicant’s needs and future uses. •Applicant would purchase approximately 2.5 acres (Lot 1) •City would purchase remaining approximately 5.4 acres (Lot 2) •Lot 1, maintained by the Applicant contains the building and 80 parking spaces to meet onͲsite parking needs and zoning standards •Lot 2, proposed CityͲownership consists of existing excess parking for the building on the Subject Property 6 Existing Conditions 8/30/2022 4 7 Existing Conditions (Cont.) 8 Submitted Plat 8/30/2022 5 9 Review Comments •City Engineer Mike Albers and Principal Engineer Jay Hill provided a memorandum as part of review (dated April 27, 2022). Highlights •The City recommends that Lot 2 be platted as an Outlot, rather than a Lot •Existing trash enclosure located at the north end of the Subject Property would need to be relocated on to proposed Lot 1 and comply with City Code requirements •Engineering requests an additional exhibit to be provided reflecting the proposed setbacks for the existing awning and support wall located on the southwest corner of the building •Provide an updated certified abstract of the title or registered property report to City Planner and City Attorney for review. 10 •Approval of the preliminary and final plats for BCCS 5910 SHINGLE CREEK ADDITION are contingent upon the addressing of comments by City Engineer Mike Albers in his memorandum dated April 27, 2022. •Final plat and mylar shall be subject to the provisions of Chapter 15 of the City Code of Ordinances (Platting). •Any comments and/or requirements as provided by Hennepin County. •Any comments and/or requirements from the City Attorney’s office, and specifically regarding an updated certified abstract of title. •The successful recording of said plat (mylar) with Hennepin County. •All conditions as contemplated under City Council Resolution No. 2014Ͳ154remainineffectand any requests to alter or expand upon approved special uses are to be coordinated with the City for determination of further City approvals. Approval Conditions 8/30/2022 6 11 Recommendation MotiontoadoptresolutionapprovingPlanningCommissionApplication No.2022Ͳ002,requestingpreliminaryandfinalplatapprovalforBCCS 5910SHINGLECREEKADDITIONbaseduponthefindingsoffactand submittedapplication,andasamendedbytheconditionsofapprovalin theresolution. BROOKLYN CENTER HOME RULE CHARTER COMMISSION May 15th, 2022 Dr. Reggie Edwards City Manager City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 Re: Transmittal of Recommended Amendments to the City Charter Dear Dr. Edwards: The purpose of this letter is to transmit to the Brooklyn Center City Council two proposed amendments to the Brooklyn Center City Charter. The enclosed recommended amendments are being forwarded for consideration for adoption by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7 and Section VIII(B)(3)(a) of the Charter Commission’s Rules of Procedures (“Rules”). The recommended amendments were accepted by a 2/3 affirmative vote of the actual membership (with never less than eight affirmative votes) of the Charter Commission as required by Section VIII(B)(1) of the Rules and are being transmitted as separate recommendations the City Council may act on individually or jointly. The Charter Commission understands the City will draft one or more ordinances as needed to address the recommended amendments and will act on them within the timelines established in Minnesota Statutes, section 410.12, subdivision 7. Both amendments were the result of recommendations by city staff to streamline city processes and procedures. Please feel free to contact me if there are any questions or if you would like me to provide additional information regarding the Charter Commission’s reasons behind the recommended amendments. Sincerely, Mark Goodell Chairperson Enclosure – Recommended Amendment #1, Recommended Amendment #2 BROOKLYN CENTER HOME RULE CHARTER COMMISSION RECOMMENDED CHARTER AMENDMENT1 The Brooklyn Center Home Rule Charter Commission hereby transmits the following recommended amendment to the City Charter for consideration and action by the City Council by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7. Recommended Amendment #1 Chapter 6, Section 6.05, of the City Charter of the City of Brooklyn Center is hereby amended by deleting the stricken material and adding the double underlined material as follows: Section 6.05. PURCHASES AND CONTRACTS. The City Council shall by resolution establish and maintain a purchasing policy for the City of Brooklyn Center. All contracts, bonds, and instruments of any kind to which the City is a party shall be signed by the Mayor and the City Manager in accordance with the purchasing policy on behalf of the City and shall be executed in the name of the City. Submitted to the City this 15th day of May 2022. BY THE CHARTER COMMISSION __________________________________ Mark Goodell, Chairperson ______________________________ Kathryn Ellgren, Secretary BROOKLYN CENTER HOME RULE CHARTER COMMISSION RECOMMENDED CHARTER AMENDMENT The Brooklyn Center Home Rule Charter Commission hereby transmits the following recommended amendment to the City Charter for consideration and action by the City Council by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7. Recommended Amendment #2 Chapter 3, Section 3.08, of the City Charter of the City of Brooklyn Center is hereby amended by deleting the stricken material and adding the double underlined material as follows: Section 3.08. SIGNING AND PUBLICATION OF ORDINANCES AND RESOLUTIONS. Every ordinance or resolution passed by the Council shall be signed by the Mayor, or Acting Mayor, attested by the City Clerk, within 48 hours, and filed and preserved. Every ordinance shall be published at least once in the official newspaper. Submitted to the City this 15th day of May 2022. BY THE CHARTER COMMISSION __________________________________ Mark Goodell, Chairperson ______________________________ Kathryn Ellgren, Secretary CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 27th day of June at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending Chapter 6 of the Brooklyn Center City Charter; Section 2.06. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. 2022-02 AN ORDINANCE AMENDING CHAPTER 6 SECTION 6.05 OF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 6, Section 6.05, of the City Charter of the City of Brooklyn Center is hereby amended by deleting the stricken material and adding the double underlined material as follows: Section 6.05. PURCHASES AND CONTRACTS. The City Council shall by resolution establish and maintain a purchasing policy for the City of Brooklyn Center. All contracts, bonds, and instruments of any kind to which the City is a party shall be signed by the Mayor and the City Manager in accordance with the purchasing policy on behalf of the City and shall be executed in the name of the City. Section 2. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. Adopted this 27th day of June, 2022. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, double underline indicates new matter.) BROOKLYN CENTER HOME RULE CHARTER COMMISSION May 15th, 2022 Dr. Reggie Edwards City Manager City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 Re: Transmittal of Recommended Amendments to the City Charter Dear Dr. Edwards: The purpose of this letter is to transmit to the Brooklyn Center City Council two proposed amendments to the Brooklyn Center City Charter. The enclosed recommended amendments are being forwarded for consideration for adoption by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7 and Section VIII(B)(3)(a) of the Charter Commission’s Rules of Procedures (“Rules”). The recommended amendments were accepted by a 2/3 affirmative vote of the actual membership (with never less than eight affirmative votes) of the Charter Commission as required by Section VIII(B)(1) of the Rules and are being transmitted as separate recommendations the City Council may act on individually or jointly. The Charter Commission understands the City will draft one or more ordinances as needed to address the recommended amendments and will act on them within the timelines established in Minnesota Statutes, section 410.12, subdivision 7. Both amendments were the result of recommendations by city staff to streamline city processes and procedures. Please feel free to contact me if there are any questions or if you would like me to provide additional information regarding the Charter Commission’s reasons behind the recommended amendments. Sincerely, Mark Goodell Chairperson Enclosure – Recommended Amendment #1, Recommended Amendment #2 BROOKLYN CENTER HOME RULE CHARTER COMMISSION RECOMMENDED CHARTER AMENDMENT1 The Brooklyn Center Home Rule Charter Commission hereby transmits the following recommended amendment to the City Charter for consideration and action by the City Council by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7. Recommended Amendment #1 Chapter 6, Section 6.05, of the City Charter of the City of Brooklyn Center is hereby amended by deleting the stricken material and adding the double underlined material as follows: Section 6.05. PURCHASES AND CONTRACTS. The City Council shall by resolution establish and maintain a purchasing policy for the City of Brooklyn Center. All contracts, bonds, and instruments of any kind to which the City is a party shall be signed by the Mayor and the City Manager in accordance with the purchasing policy on behalf of the City and shall be executed in the name of the City. Submitted to the City this 15th day of May 2022. BY THE CHARTER COMMISSION __________________________________ Mark Goodell, Chairperson ______________________________ Kathryn Ellgren, Secretary BROOKLYN CENTER HOME RULE CHARTER COMMISSION RECOMMENDED CHARTER AMENDMENT The Brooklyn Center Home Rule Charter Commission hereby transmits the following recommended amendment to the City Charter for consideration and action by the City Council by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7. Recommended Amendment #2 Chapter 3, Section 3.08, of the City Charter of the City of Brooklyn Center is hereby amended by deleting the stricken material and adding the double underlined material as follows: Section 3.08. SIGNING AND PUBLICATION OF ORDINANCES AND RESOLUTIONS. Every ordinance or resolution passed by the Council shall be signed by the Mayor, or Acting Mayor, attested by the City Clerk, within 48 hours, and filed and preserved. Every ordinance shall be published at least once in the official newspaper. Submitted to the City this 15th day of May 2022. BY THE CHARTER COMMISSION __________________________________ Mark Goodell, Chairperson ______________________________ Kathryn Ellgren, Secretary CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 27th day of June at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending Chapter 3 of the Brooklyn Center City Charter; Section 3.08. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. 2022-03 AN ORDINANCE AMENDING CHAPTER 3 SECTION 3.08 OF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 3, Section 3.08, of the City Charter of the City of Brooklyn Center is hereby amended by deleting the stricken material and adding the double underlined material as follows: Section 3.08. SIGNING AND PUBLICATION OF ORDINANCES AND RESOLUTIONS. Every ordinance or resolution passed by the Council shall be signed by the Mayor, or Acting Mayor, attested by the City Clerk, within 48 hours, and filed and preserved. Every ordinance shall be published at least once in the official newspaper. Section 2. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. Adopted this 27th day of June, 2022. 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