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HomeMy WebLinkAbout2023 05.08 CCM REGULAR SESSION5/8/23 -1- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 8 , 2023 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH THE CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor April Graves at 6:46 p.m. ROLL CALL Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Also present were City Manager Reggie Edwards, Director of Public Works Elizabeth Heyman, Interim Community Development Director Jesse Anderson, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Jason Hill. Mayor April Graves opened the meeting for the purpose of an Informal Open Forum. Heidi S. stated she lives on the Crystal side of the Joslyn site. They received initial notifications about the project, but they haven’t received updates as residents of Crystal. She has concerns about the landscaping plan. The construction has significantly changed the look and feel of the space. The environment has changed from a wooded environment to a pollination environment, which impacts the animals and wildlife. The changes also have had an adverse impact on her property values. Douglas McMillan noted he also lives on the Crystal side of the project. The EPA didn’t include people on the other side of the lake in the meetings. He asked where they can go to address the issue. The lake used to be wooded, but it is now an eyesore. Dr. Edwards stated Staff can provide contact information and details on the process if their contact info is given to Staff. Julie B. asked for Commission meetings to be put online. It is hard for people outside of the physical space to access information on what is happening in other meetings. There aren’t even agendas available online. The Implementation Committee has had live meetings for its entire existence. City Clerk Barb Suciu stated most meetings are held virtually. If there isn’t a quorum, then there is no recording. As for the Charter Commission, they have different guidelines and aren’t held virtually. The Financial Commission has its agendas under Novus. Dr. Edwards added all 5/8/23 -2- meetings are intended to be hybrid, and he will check into the meetings to ensure that is still happening. Kathy M. explained she is also a resident of Crystal. The Joslyn site was initially supposed to be fully wooded. The north side of the site has changed the landscaping plan to make the north side of the site into a pollination area. It will have a detrimental impact on wildlife, especially the nocturnal life. The building makes the area extremely bright. All of the natural nightlife is gone. The Crystal residents haven’t been notified of any changes since the Spring of 2017. However, Brooklyn Center residents have been updated as recently as March 2023. The trees are also used to buffer the noise of the trains. She asked for the Council to pressure the site to restore the original landscape. Kevin S. stated he can only consistently log into the Hwy 252 meetings. He is unable to access the Implementation Committee meetings anymore. Councilmember Jerzak moved and Councilmember Kragness seconded to close the Informal Open Forum at 7:02 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Jerzak read a quote by Marissa Mayer, “I always did something I was a little not ready to do. I think that's how you grow. When there's that moment of 'Wow, I'm not really sure I can do this,' and you push through those moments, that's when you have a breakthrough.” He also read a quote from Wayne Dyer, “If you believe it will work out, you’ll see opportunities. If you believe it won’t, you will see obstacles.” Lastly, he shared a quote by Thomas Paine, “A body of men holding themselves accountable to nobody ought not to be trusted by anybody.” 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor April Graves at 7:07 p.m. 4. ROLL CALL This item was addressed after Item 5. Pledge of Allegiance. Mayor April Graves stepped out of the meeting at 7:10 p.m. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4. ROLL CALL (continued) 5/8/23 -3- Mayor Pro Tem Marquita Butler and Councilmembers Kris Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Also present were City Manager Reggie Edwards, Director of Public Works Elizabeth Heyman, Interim Community Development Director Jesse Anderson, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Jason Hill. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, as amended, and the following consent items were approved: 6a. LICENSES AMUSEMENT DEVICE Mendota Valley Amusements, Inc. 390 Richmond St GARBAGE HAULERS Aspen Waste BL 23 -0270 MECHANICAL Ace Heating & Air Conditioning Inc. 7174 Hwy 95 NW, Princeton 55371 B & D Plbg, Htg & A/C 4145 Mackenzie Court, St. Michael 55376 Blue Ox Heating & Air LLC 5720 International Parkway, New Hope 55428 CenterPoint Energy 6161 Golden Valley Road, Golden Valley 55422 Daikin Applied Americas Inc. 13600 Industrial Park Boulevard, Minneapolis 55441 Master Mechanical, Inc. 1027 Gemini Rd, Eagan 55121 Mike’s Custom Mechanical, Inc. PO Box 171, Champlin 55316 Northern Heating & A/C Inc. 9431 Alpine Drive NW, Ramsey 55303 Perfection Heating & Air 1770 Gervais Avenue, Maplewood 55109 Piperight Plumbing 3920 Foss Road, St. Anthony 55421 5/8/23 -4- Professional Mechanical Services 19640 200th Ave nue NW, Big Lake 55309 Pronto Heating & A/C 7415 Cahill Road, Edina 55439 RENTAL INITIAL (TYPE IV – six-month license) 5301 Dupont Avenue N Wright Team Properties 4501 Winchester Lane TM Odeniyi & K Odeniyi 6436 Scott Avenue N Jane M Kungu and Antony J Kungu INITIAL (TYPE II – two-year license) 1208 57th Avenue N CommonGrowth LLC 5927 Aldrich Avenue N Yu Yin 6730 Ewing Avenue N Suudi Properties, LLC RENEWAL (TYPE IV – six-month license) 4213 63rd Avenue N Buster F Fallah 5112 70th Avenue N Ih3 Property Minnesota Lp 5748 Humboldt Avenue N Fyr Sfr Borrower Llc 6300 France Avenue N 9816 Palm St Llc 6337 Bryant Avenue N Park Ave Homes Llc 6912 Logan Avenue N Hpa Borrower 2017 1 Llc 6918 Halifax Avenue N Gracelands Llc RENEWAL (TYPE III – one-year license) 5401 63rd Avenue N Ayodeji Gbayisomore 2718 Ohenry Road 5118 66th Ave N Llc 3307 Ohenry Road Henry S Dolopei 5913 Halifax Avenue N Cel Monton Llc 5/8/23 -5- 6139 Colfax Avenue N Koku Agbenu RENEWAL (TYPE II – two-year license) 4100 Lakebreeze Avenue N Pbk Properties Llc 5240 Drew Avenue N Cantlin Lake Properties 4019 Joyce Lane Ih2 Property Illinois Lp 4118 Woodbine Lane Investment Solutions Llc 4935 Abbott Ave nue N R A Anderson & T A Anderson 6242 Scott Avenue N Cosco Property I Llc RENEWAL (TYPE I – three-year license) 5341 Penn Avenue N Lifetime Resrcs Prop Mgt 4100 61st Avenue N Emmanuel & Oluyemisi Coker 5449 Lyndale Avenue N Living Well Disability Svcs 6605 Camden Drive Johnson Organization Inc 7208 Bryant Avenue N Prosperous Property Llc SIGNHANGER Signminds Inc. 1400 Quincy Street Minneapolis 55413 Signtology LLC 21340 Van Buren Street NE Cedar 55011 6b. AMENDMENT TO 2023 COUNCIL MEETING CALENDAR 6d. RESOLUTION NO. 2023-58; APPROVING A JOINT POWERS AGREEMENT (JPA) WITH PETS UNDER POLICE SECURITY (PUPS) AND AUTHORIZE STAFF TO EXECUTE THE JPA 6e. RESOLUTION NO. 2023-60; RECOGNIZING MAY 14-20, 2023, AS POLICE WEEK AND MAY 15, 2023, AS PEACE OFFICER MEMORIAL DAY Motion passed unanimously. 5/8/23 -6- 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2023-59; DECLARING MAY 21-27, 2023, NATIONAL PUBLIC WORKS WEEK IN THE CITY OF BROOKLYN CENTER Councilmember Lawrence-Anderson asked why Item 6e. Resolution Recognizing May 14-20, 2023, as Police Week And May 15, 2023, as Police Officer Memorial Day was not part of Item 7. Presentations/Proclamations/Recognitions/Donations. Mayor Pro Tem Butler moved to make Consent Agenda Item 6e. Resolution Recognizing May 14- 20, 2023, as Police Week and May 15, 2023, as Police Officer Memorial Day to become Presentations/Proclamations/Recognitions/Donations 7b. Resolution Recognizing May 14-20, 2023, as Police Week And May 15, 2023, as Police Officer Memorial Day. Seconded by Councilmember Lawrence-Anderson. Mayor Pro Tem Butler read in full a Resolution recognizing National Public Works Week. Mayor April Graves returned to the meeting at 7:13 p.m. Councilmember Jerzak moved and Councilmember Kragness seconded to adopt RESOLUTION NO. 2023-59; Declaring May 21 through May 27, 2023, as "National Public Works Week" in Brooklyn Center. Motion passed unanimously. 7b. RESOLUTION NO. 2023-60; RECOGNIZING MAY 14-20, 2023, AS POLICE WEEK AND MAY 15, 2023 AS PEACE OFFICER MEMORIAL DAY Mayor Pro Tem Butler read in full a Resolution recognizing Police Week and Peace Officer Memorial Day. Councilmember Kragness moved and Councilmember Jerzak seconded to adopt RESOLUTION NO. 2023-60; Recognizing May 14-20, 2023, as Police Week and May 15, 2023, as Peace Officer Memorial Day. Motion passed unanimously. Mayor Graves pointed out that the term “resident” is problematic as there are members of the Brooklyn Center community that may not be citizens. Councilmember Kragness added there is a discrepancy in the Resolution because May 15, 2023, is sometimes referred to as Police Officer Memorial Day and other times as Peace Officer Memorial Day. Dr. Edwards confirmed that May 15, 2023, is Peace Officer Memorial Day. 5/8/23 -7- 8. PUBLIC HEARINGS 8a. RESOLUTION NO. 2023-61; TO APPROVE A TIF DISTRICT #10 (WANGSTAD COMMONS) AND TIF AGREEMENT) City Manager Reggie Edwards introduced the item and Jason Aarsvold, EDA Project Management with Ehlers, made the staff presentation. Jason Aarsvold, EDA Project Management with Ehlers, explained since 2019, the EDA has been working with JO Companies to develop four EDA-owned parcels at 61st Avenue N and Brooklyn Boulevard. The proposed project includes a 54-unit low-income housing tax credit (LIHTC) rental project. In June of 2022, the EDA entered into an option agreement with the developer to sell the EDA-owned land and approved a resolution of support to provide Tax Increment Financing (TIF) for the project. Mr. Aarsvold noted as it stands, the total project cost is $22.8 million, but the project has a financing gap. TIF assistance is recommended at $482,000 per analysis by Ehlers, and that requires the creation of a new TIF district. In addition, the land will be transferred to Wangstad Commons for $1. Both contributions are necessary for the project’s financial feasibility as further outlined in the attached memorandum from Ehlers. Mr. Aarsvold stated The TIF Plan for District 10 is the City’s planning document for the district. It spells out the objectives and policies for the district, identifies the geographic boundaries, and sets the maximum budgetary authority for the district. This planning document simply allows for the creation of a new TIF district. Approval of the TIF Plan does not grant any specific TIF assistance to the developer. This is done by entering into a separate TIF Agreement. Mr. Aarsvold pointed out TIF District 10 is being established as a Housing TIF District. The site will qualify for a housing district because the Wangstad Commons project will serve households at, or below, the income levels required by statute. In this case, that minimum threshold is at least 40 percent of the units will be affordable to those at 60 percent area median income (AMI). As proposed, however, 100 percent of the units in the Wangstad project will meet this threshold. The TIF Plan sets up the district for a maximum duration of 26 years. Mr. Aarsvold stated the maximum budgetary authority in the district is $2.33 million. This is a maximum budget intended to provide flexibility. It includes 3 percent annual inflation and assumes the TIF district runs for the full 26 years. The actual assistance to the property owner is anticipated to be a present value amount of $482,000 which estimates show will be repaid within 17 years. Mr. Aarsvold added the TIF Plan assumes Pay-As-You -Go assistance to the project as noted above. The TIF plan also includes a 10% allowance for City administrative costs. This City can use this 10% to pay for any ongoing costs associated with administering the project in the TIF District. In addition, the TIF plan provides for repayment of an interfund loan. This interfund loan is the mechanism to reimburse the City from future tax increments for any expenditures incurred 5/8/23 -8- in connection with the TIF plan before receipt of any tax increment and not reimbursed by JO Companies. Mr. Aarsvold stated following Council action, the EDA will also consider approval of the TIF Plan as well as approval of the TIF agreement. This agreement is the document that specifies how TIF from the new district will go to the Wangstad project as well as provisions associated with the transfer of land. Once these steps are complete, the project will proceed to a closing with construction anticipated to begin in 2023. The receipt of the first tax increment is expected in 2025. Councilmember Kragness asked if the vote just creates a new district. Mr. Aarsvold confirmed and explained the item is just to create a new TIF district. There is a separate process to create an agreement regarding what the TIF funding will go toward. Councilmember Lawrence-Anderson moved and Councilmember Jerzak seconded to open the Public Hearing. Motion passed unanimously. Kevin S. noted the proposed site is near a sanctuary area and another housing location that could be accessible housing. He asked if retail would be part of the development to be accessed on the first floor. Oftentimes, people that need affordable housing don’t have transportation, and there aren’t the basic necessities within a reasonable walking distance of the site. Councilmember Butler moved and Councilmember Jerzak seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lawrence-Anderson moved and Councilmember Jerzak seconded to adopt RESOLUTION NO. 2023-61; Approving a TIF District #10 (Wangstad Commons) and TIF agreement. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. RESOLUTION NO. 2023-62; APPROVING PLANNING COMMISSION APPLICATION NO. 2023-001, SUBMITTED BY JO COMPANIES LLC FOR A RE- PLAT, PLANNED UNIT DEVELOPMENT AMENDMENT AND REZONING, AND AN AMENDMENT TO THE 2040 COMPREHENSIVE PLAN TO ALLOW FOR DEVELOPMENT OF A 54-UNIT MULTI-FAMILY RESIDENTIAL BUILDING AND RELATED SITE IMPROVEMENTS (6107 BROOKLYN BOULEVARD, 6101 BROOKLYN BOULEVARD, 3600 61ST AVENUE NORTH, AND 3606 61ST AVENUE NORTH) 5/8/23 -9- Councilmember Lawrence-Anderson asked if the item went through the Planning Commission. City Planner and Zoning Administrator Ginny McIntosh confirmed the item was reviewed by the Planning Commission. Ms. McIntosh showed an aerial image of the site. She explained JO Companies, LLC is requesting review and consideration for a proposal that would allow for a consolidation of four vacant parcels owned by the Economic Development Authority (EDA) of the City of Brooklyn Center and redevelopment of said site, which comprises 6101 Brooklyn Boulevard, 6107 Brooklyn Boulevard, 3600 61st Avenue North, and 3606 61st Avenue North. The Subject Property encompasses approximately 1.77 acres and is located at the northwest corner of Brooklyn Boulevard and 61st Avenue North, and east of Wangstad Park. Ms. McIntosh pointed out that due to the nature of the request, approval of the preliminary and final plat, site and building plan, Planned Unit Development (PUD) amendment and rezoning, and 2040 Comprehensive Plan amendment requests are required to forward the project. She showed images of the existing property. Ms. McIntosh noted the City’s EDA acquired the four parcels between 2012 and 2019. Prior to the Applicant engaging in conversations regarding the Subject Property, these lands had previously generated interest as a potential 113-unit multi-family development. It was through JO Companies’ process of due diligence that the proposal was initially proposed in 2020 as a smaller, 83 to 88-unit multi-family residential building, before being reduced to what is now the proposed 54-unit multi-family residential building. Ms. McIntosh stated JO Companies has been before the City of Brooklyn Center City Council and Economic Development Authority (EDA) bodies numerous times since 2020, for concept reviews and project updates, letters of support for grant funding applications, a Preliminary Development Agreement, an Option Agreement and term sheet, and resolution of support for the use of tax increment financing (TIF). The Applicant went through two rounds of applications with the Minnesota Housing Finance Agency (MHFA) before receiving notice of funding in December 2022. Ms. McIntosh noted in 2023, the Applicant began regular meetings with Staff to revise plan sets according to the new Unified Development Ordinance. Then in March 2023, there was a City Council Work Session held to work through certain financing gaps. Based on feedback from the Council, Staff began preparing a formal TIF Agreement based on revised terms and the creation of a new Housing TIF District. Ms. McIntosh stated the four EDA-owned parcels would be re-platted to one parcel to accommodate the 54-unit multi-family residential building and site improvements. The minor edits requested from Staff for updating the preliminary play include a revised Planning Commission report made by the Applicant to address City Staff comments, an amendment or creation of a new, a required dedicated easement for shared access drive off of Brooklyn Boulevard, a vacation of utility easement running through the center of the property, and any requirements outlines by Hennepin County. 5/8/23 -10- Ms. McIntosh added a Comprehensive Plan amendment is required when a community changes any part of a municipality’s adopted comprehensive plan, including land use changes to allow for a proposed development. The requested amendment comes as a matter of timing as the Applicant was just beginning conversations with the City as the 2040 Comprehensive Plan Process was wrapping up. The property was future land use designated as a mix of commercial (C) and low- density residential (LDR) due to their former land uses of an overflow lot for former Brookdale Chrysler-Plymouth dealership and single-family homes. Ms. McIntosh explained the requested re-designation of the property is to neighborhood-mixed use (N-MU), which was a new future land use designation under the 2040 Plan and guides for a mix of residential, retail, and commercial uses. During the comprehensive plan engagement process, some residents were vocal about the desire for more diverse housing. Ms. McIntosh stated there is also a request to remove the northernmost parcel located in the subject property from PUD/C-2 and re-zone it to match the current zoning of the other three parcels. The Planned Unit Development (PUD) was amended in 2016 to remove dealership restrictions and allow for the Sanctuary, but this parcel was not removed from the PUD and remained in EDA ownership. Ms. McIntosh showed the site and building plan. The proposal for the development is 54 units at affordability bands of between 30 and 60 percent AMI. The unit mix is 24 percent one-bed, one- bath, 50 percent two-bed, one-bath, 17 percent three-bed, two-bath, and nine percent four-bed, 2- bath. Ms. McIntosh stated Staff reviewed the dimensional standards, and all plans fall within zoning requirements. As for traffic and access, Staff submitted the plan to Hennepin County. The County proposed addressing sight lines, a ROW permit, and the proposed turnaround. There will be additional submissions to the County. Fire truck access was provided as part of the submittal. Ms. McIntosh noted parking requires a maximum of 108 spaces to be provided, assuming 54 units. The surface lot has 49 spaces, underground parking has 47 spaces, and there is a total of 96 parking spaces. The minimum standards for parking dimensions and drive aisles are met. Sidewalk connections and bicycle facilities are also provided. The photometric plan and fixture schedule were submitted and reviewed by Staff. As for trash, there would be a central trash cute system and trash would be rolled out for regular pickup. Ms. McIntosh stated Staff reviewed the submitted architectural set against the City’s building materials, and all requirements were met. Staff provided feedback throughout 2023 which required adjustments to building orientation, setback, parking garage location, and the like. The Applicant has submitted a landscaping plan, but it has yet to be reviewed by Staff. Also, no specific signage requests were made for new or revised signage. Ms. McIntosh added engineering-reviewed plans and provided a memo. An MPCA NPDES permit is required along with a construction management plan and agreement utility easement agreement 5/8/23 -11 - before any permits can be issued. Building officials conducted a cursory review of the submission and provided a memo with comments and conditions of approval. Crime Prevention through Environmental Design (CPTED) review is to be completed by City Staff, and plan sets were reviewed by the County with preliminary comments provided. Ms. McIntosh explained as part of the application process, a public hearing notice was submitted to the Brooklyn Center Sun Post for publication on March 30, 2023, and notices were mailed to both property owners and physical residents of addresses within the vicinity of the Subject Property. Development proposal signage was also installed on-site, notifying the public of the development proposal. The Applicant also underwent a separate community engagement process, which was led by Local Initiatives Support Corporation (LISC). Topics discussed during this engagement covered: pedestrian and traffic flow; housing needs; proximity to Wangstad Park; security, property management, services, and tenant screening; project financing, timeline, and terms of affordability; and project quality, aesthetics, and amenities. Ms. McIntosh noted City Staff received one public comment via email in advance of the public hearing from resident Susan Jorgensen, who was also in attendance and spoke at the public hearing on April 13, 2023. A separate public comment was received via the City’s general email inbox from resident David Jorgensen the evening of the public hearing, but City staff did not receive the comment until the day after. The public comments received are included as background to this memo. Ms. McIntosh pointed out that following the close of the public hearing, the Planning Commission elected to recommend (6-0) City Council approval of the requested preliminary and final plat, site, and building plan, an amendment to remove 6107 Brooklyn Boulevard from the original 1998 Planned Unit Development and re-zoning of the aforementioned property from PUD/C2 to MX- N1, which reflects the zoning of the three other parcels located within the Subject Property and located at 6101 Brooklyn Boulevard, 3600 61st Avenue North, and 3600 61st Avenue North, and a recommended amendment to the City’s 2040 Comprehensive Plan to re-designate the Subject Property from a mix of Commercial (C) and Low-Density Residential (LDR) to Neighborhood Mixed-Use (N-MU). Councilmember Jerzak asked if a CPTED has been completed. Ms. McIntosh explained CPTED would be completed after approval from the Council. Councilmember Lawrence-Anderson noted Brooklyn Center has taken the Monarch Pledge two years in a row, so she hopes the landscaping plans include monarch-friendly plants. She added there will likely be children in the building, and its proximity to a park is very convenient. Councilmember Butler moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2023-62; Regarding Planning Commission Application No. 2023-001, for approval of: 1. A preliminary and final plat for WANGSTAD’S BROOKLYN TERRACE SECOND ADDITION 2. The submitted site and building plans 5/8/23 -12- 3. An amendment to remove 6107 Brooklyn Boulevard from the original 1998 Planned Unit Development, and 4. Re-zoning of the aforementioned property from PUD/C2 to MX-N1, which reflects the zoning of the three other parcels located within the Subject Property and located at 6101 Brooklyn Boulevard, 3600 61st Avenue North, and 3600 61st Avenue North, and 5. A recommended amendment to the City’s 2040 Comprehensive Plan to allow for a future land use re-designation of the Subject Property from a mix of Commercial (C) and Low-Density Residential (LDR) to Neighborhood Mixed-Use (N-MU), based on the findings, and as amended by the conditions of approval in the resolution, and subject to final approval by the Metropolitan Council for the requested Comprehensive Plan Amendment. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2023-63; DECLARING THE BROOKLYN CENTER CITY COUNCIL'S OFFICIAL PUBLIC COMMENTS ON THE MINNESOTA DEPARTMENT OF TRANSPORTATION'S HIGHWAY 252/94 SCOPING DOCUMENT DRAFT SCOPING DECISION DOCUMENT Dr. Edwards introduced the item and invited Public Works Director Elizabeth Heyman to make the Staff presentation. Ms. Heyman explained the Minnesota Department of Transportation (MnDOT), along with local and federal project partners, are currently studying proposals to improve safety, address reliability, and reduce congestion on Hwy 252 between Hwy 610 in Brooklyn Park and I-694 in Brooklyn Center, and on I-94 from I-694 in Brooklyn Center to downtown Minneapolis. As part of this effort, MnDOT is preparing a multi-year Environmental Impact Statement (EIS), that outlines the impact a potential construction project could have on the surrounding area, including effects on the social, economic, and environmental in the proposed project area. Ms. Heyman stated that based on the comments and discussion Council had with MnDOT staff at the City Council meeting on April 10, 2023, and the discussion Council had at a Council work session on April 24, 2023, Staff has drafted a letter that will serve as the Council's public comment on the draft Scoping Decision Document. Before finalizing Council’s public comments. Ms. Heyman noted the Equity and Health Assessment (EHA) will be released shortly. EHA enhances MnDOT’s use of equity and health information during the Hwy 252/I-94 environmental review and acts as a public comment on the draft Scoping Decision Document (SDD). MnDOT will use the EHA to document findings not addressed in the EIS and to develop recommendations for further action in partnership with impacted communities. Ms. Heyman pointed out MnDOT’s recommended options for further study include three freeway options and all interchange options. At the last Work Session, Council reached a consensus about comments to be relayed to MnDOT. 5/8/23 -13- Ms. Heyman stated the first comment is, “The City is supportive of the Minnesota Department of Transportation (MnDOT) completing a holistic environmental review process to chart a course for improving safety in the corridor, while at the same time protecting human health, promoting regional equity, and enhancing the livability and prosperity of Brooklyn Center.” The comment is to address safety issues mentioned by the Council. Ms. Heyman noted the Council also had concerns about the tax base. The draft letter includes a request to, “add project evaluation criteria that evaluate the project’s effect on the City’s tax base, including, but not limited to, the following: Taxable property removed from the tax base, Projected changes in property values, and Projected changes in business activity.” Ms. Heyman stated the Council also wanted MnDOT to adjust its purpose and need a statement to elevate health, community livability, and equity throughout the scoping process. The draft letter suggests updating the project’s purpose and needs statement to say, “The purpose of the Hwy 252/I-94 Project is to improve the safe and reliable movement of people and goods across multiple modes on and across Hwy 252 and I-94 between Hwy 610 in Brooklyn Park and North 4th Street in Minneapolis while protecting and promoting human health, community livability and equity.” Ms. Heyman added the Council showed interest in MnDOT considering more options for in-depth research. Specifically, the Council was interested in the six-lane expressway and the four-lane low-speed arterial. Ms. Heyman noted Council also wanted MnDOT to take the health impacts of increased traffic and traffic noise into account when evaluating safety. A suggestion to MnDOT is to, “evaluate how bicycle and pedestrian overpasses impact a corridor element’s multimodal level of service. The City Council understands that not all users will utilize bicycle and pedestrian overpasses. However, they find it unreasonable to accept no risk at ground-level intersections when freeway alternatives come with their own set of risks, including negative effects on health, safety, and property. In simpler terms, the Council believes that incorporating bicycle and pedestrian overpasses into non-freeway Highway 252 corridor elements should result in a higher overall multimodal level of service rating, meaning better accessibility and connectivity for various modes of transportation.” Councilmember Jerzak asked if individual comments can be included in the letter. Ms. McIntosh stated the letter has to be the consensus of the Council. However, each Councilmember can submit their public comments. Mark Lindeberg, a representative of MnDOT, stated any comments from the Council can be shared as a public comment or submitted individually. Councilmember Jerzak pointed out he has been noncommittal on the project until all information has been received. The exhaustive work of the Hwy 252 Task Force has unequivocally shown MnDOT’s recommendations as a whole do not benefit the Brooklyn Center community due to the loss of homes, business displacement, and health and equity considerations. He noted he never 5/8/23 -14- received a call, email, or comment in support of the project. However, he received many calls, emails, and letters against the project. His only support for the project is for MnDOT to consider the six-lane expressway or the four-lane low-speed arterial roadway and additional pedestrian accessways. Councilmember Jerzak asked if the Council were to decide they were not in support of the project, could they pass a resolution stating they will not support the project financially. City Attorney Jason Hill explained the Council can adopt whatever resolution they want. The project is only in the early steps. There is a process where the City can oppose the project down the line, and MnDOT could appeal to the opposition. As for the financial piece, he would need to further look into legal details. Councilmember Kragness asked if the Hwy 252 Task Force was going to provide additional comment. Mayor Graves stated there are members of the Task Force present. Tom Kouri, member of the Hwy 252 Task Force, stated the recommendations in the draft letter make a lot of sense. The Council has raised excellent questions regarding equity and property impacts. Also, Ms. McIntosh has been very thorough in her presentations. Councilmember Lawrence-Anderson asked if the draft letter was reviewed by Hwy 252 Task Force to add comments. Ms. McIntosh stated the letter was sent to the Task Force, but Staff didn’t ask for the Task Force to add comments to the draft. Mayor Graves noted Ms. McIntosh did an excellent job writing the draft letter and explaining the options to Council. Councilmember Butler moved and Councilmember Jerzak seconded to adopt RESOLUTION NO. 2023-63; Declaring the Brooklyn Center City Council’s official public comments on the Minnesota Department of Transportation’s Highway 252/I-94 Scoping Document and Draft Scoping Decision Document. Motion passed unanimously. 10b. RESOLUTION NO. 2023-64; ACCEPTING LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT (LCDA) FUNDING FOR CENTER FOR ASIAN AND PACIFIC ISLANDER Councilmember Jerzak left the meeting at 8:15 p.m. Dr. Edwards introduced the item and invited Interim Community Development Director Jesse Anderson to continue the Staff presentation. Mr. Anderson explained the Metropolitan Council approved CAPI for a grant amount of $125,000 on September 14, 2022, with an expiration date of June 20, 2024. Center for Pacific Islanders (CAPI) will be using pre-development funds to support their exploration of the use of their excess 5/8/23 -15- land on Brooklyn Boulevard. This funding will support community engagement activities, site and building design, and civil engineering work as they conduct due diligence on the construction of an expanded facility. Potential uses they are exploring include expanded offices for their administrative functions, expanded food shelf operations, childcare centers, and additional office and commercial spaces for local businesses. Councilmember Lawrence-Anderson asked if the building will be two stories or if there will be two additional stories. Mr. Anderson stated they are looking into options to expand the building, but decisions have not been made. Councilmember Jerzak returned to the meeting at 8:17 p.m. Councilmember Lawrence-Anderson asked if the project can be completed before the expiration date. Mr. Anderson stated the funding is for early planning efforts, which are all expected to be completed before the expiration date. Councilmember Jerzak asked if the financing would be private. Mr. Anderson noted there hasn’t been a discussion regarding public financing. However, the process is only beginning. Councilmember Lawrence-Anderson moved and Mayor Graves seconded to adopt RESOLUTION NO. 2023-64; Accepting Livable Communities Demonstration Account (LCDA) funding grant from Met Council. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Jerzak reported on his attendance at the following and provided information on the following upcoming events: • Met with several independent businesses regarding concerns. • Attended the Susan Pha volunteer appreciation. • Corresponded with several constituents regarding the Hwy 252 project. Mayor Graves reported on her attendance at the following and provided information on the following upcoming events: • Connected with the Sierra Leone Association. • Attended an event at Unity Church. • Will be attending the Mayor’s Innovation Conference. • Will be starting an eight-week mediation training. • Attended a Mayor’s luncheon hosted by Congresswoman Omar. • Noted Brooklyn Center and Brooklyn Park cohosted a public forum for Black public administrators. Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: 5/8/23 -16- • Met with a resident about various issues. • Met with Representative Omar. Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • Met with Housing Commission Chair. • Delivered Meals on Wheels. • Attended Senator Pha’s celebration. • Reminded everyone of the mock budget exercise at the Community Center on May 10, 2023. Councilmember Kragness reported on her attendance at the following and provided information on the following upcoming events: • Attended Senator Pha’s celebration. 12. ADJOURNMENT Councilmember Butler moved and Councilmember Jerzak seconded the adjournment of the City Council meeting at 8:26 p.m. Motion passed unanimously.