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HomeMy WebLinkAbout2024.06.10 CCM REGULAR6/10/24 -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 10, 2024 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor April Graves at 7:03 p.m. Mayor Graves reviewed the rules of conduct for the meeting. 2. 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, Planning Manager Ginny McIntosh, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Siobhan Tolar. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4. INFORMAL OPEN FORUM Mayor Graves read the rules for Informal Open Forum. Mayor April Graves opened the meeting for the purpose of Informal Open Forum. Jerrold K. stated he has rented an apartment in Brooklyn Center for 20 years. His rent increased by $300 per month recently. There was only a two-week notice. He has loved living in Brooklyn Center, but he has to move. Mayor Graves offered her sympathy to Jerrold K. Councilmember Jerzak moved and Councilmember Kragness seconded to close the Informal Open Forum at 7:08 p.m. Motion passed unanimously. 5. INVOCATION Councilmember Jerzak summarized Walter Lippmann’s background and shared a quote of his, “When we all think alike no one thinks very much.” He shared another quote from an unknown 6/10/24 -2- DRAFT author, “Wild ducks make a lot of noise, but they have the sense to benefit from occasionally flying in formation.” 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. May 28, 2024 – Study Session 2. May 28, 2024 – Regular Session 6b. LICENSES GARBAGE HAULER Allied Waste 8661 Rendova Street NE Circle Pines, MN 55014 Waste Management 10050 Naples Street NE Blaine, MN 55449 MECHANICAL Air Express, Inc. P.O. Box 490400 Blaine 55449 Damyans Heating and Cooling LLC 2240 Chippewa Road Medina 55340 Hagen Remodeling & Construction LLC 710 Tanglewood Drive Shoreview 55126 Ron the Sewer Rat 875 Blue Gentian Road, Suite 900 Eagan 55121 Zahl Petroleum Maintenance 3101 Spring Street NE Minneapolis 55413 RENTAL INITIAL (TYPE IV – six-month license) 6742 France Ave nue N Walter Robinson 5937 Colfax Avenue N Samuel Simpson Barker INITIAL (TYPE III – one-year license) 7013 Grimes Avenue N Luxisuites, LLC 6/10/24 -3- DRAFT INITIAL (TYPE II – two-year license) 1701 Irving Lane N James R Richter 5506 Irving Avenue N Larwuo Harris Killen RENEWAL (TYPE IV – six-month license) 1425 55th Ave nue N Trung C Duong 6710 Orchard Lane Marvin Gardens Townhomes 1605 56th Ave nue N Fyr Sfr Borrower Llc 2118 Ericon Drive Marco Panora 3301 Lawrence Road MNhomes2go LLC 5218 Paul Drive Sj & Olas Properties Llc 5301 Dupont Ave nue N Wright Team Properties LLC 5524 Humboldt Ave nue N Maria Figueroa 6012 York Ave nue N MNhomes2go LLC 6324 Scott Ave nue N Sayndee Sando 6413 June Ave nue N Cel Monton LLC 6718 Quail Ave nue N I A Hassan & A M Ali 6918 Grimes Ave nue N Olakunle F Ojo 7207 France Ave nue N P Kibaara & J Kibaara 7243 Riverdale Road Ih2 Property Illinois Lp RENEWAL (TYPE III – one-year license) 7200 Noble Avenue N FLORENCE & DEDRICK SIMMS RENEWAL (TYPE II – two-year license) 5408 Girard Ave nue N Jan Michaele Gardner 5200 Drew Ave nue N Mlmjr Properties & Investm 5306 Penn Ave nue N Sweet Home Llc 6/10/24 -4- DRAFT 5600 Judy Lane B D Morlock & N D Morlock 6536 Chowen Ave nue N BRIDGE SFR IV BORROWER I RENEWAL (TYPE I – three-year license) 6201 Lilac Drive N Lanel Crossings Ltd Ptnrshp 5331 70th Circle Boukary Kabore 6c. AMENDING THE 2024 CITY COUNCIL MEETING SCHEDULE 6d. RESOLUTION NO. 2024-65, ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2023-10, I694/DUPONT AVE WATER MAIN CROSSING REPLACEMENT PROJECT Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PFAS AND BROOKLYN CENTER DRINKING WATER City Manager Dr. Reggie Edwards introduced the item and invited Public Works Director Elizabeth Heyman to continue the Staff presentation. Ms. Heyman explained that Per-/Poly-fluoroalkyl Substances (PFAS) is a set of manmade chemicals with over 14,000 formulas. Therefore, there is a need to treat them as a group rather than individual compounds like lead or manganese. PFAS can be both water and oil-resistant. They are very hard to break down as they can handle temperatures of about 1,000 degrees Celsius. Per-/Poly-fluoroalkyl Substances. Ms. Heyman stated in April 2024, the Environmental Protection Agency (EPA) set new regulations for PFAS. Brooklyn Center drinking water meets all current Federal standards for PFAS in drinking water. PFAS is a nation-wide issue. Ms. Heyman stated PFAS can be found in firefighting foam, waterproof apparel, takeout containers, cleaning products, carpets and textiles, nonstick cookware, and stain- and water- resistant treatments. Therefore, PFAS can be found in water, wastewater, biosolids, waste streams, and the air. Ms. Heyman pointed out PFAS has been linked to high cholesterol, reproductive issues, cancer, liver damage, and low birth weight. Acute Toxicology causes health effects from short-term or single exposures. It is more often linked to high concentrations. For example, dimethylmercury has been found to result in neurological damage and death. Chronic Toxicology has more long- term effects for repeated, frequent exposures. For example, cigarette smoke can result in cancer or heart disease. 6/10/24 -5- DRAFT Dr. Megan Brockman, Consultant from Bolton-Menk, stated the EPA has a Maximum Contaminant Limit (MCL) of four nanograms per liter for PFOS and PFOA, which are two specific PFAS . Also, there is a Health Index (HI) of 1.0. The HI is a calculation accounting for all types of PFAS. The HI gets worse when more PFAS are compounded on one another. She showed a table with an example of the calculation using various proportions of PFAS. If HI is above 1.0, there needs to be action taken. Dr. Brockman stated the Water Treatment Plant doesn’t include PFAS removal technology. Nonetheless, the water in Brooklyn Center meets all EPA standards. She showed a chart depicting the EPA HI, PFOS, and PFOA in comparison with their limits for Water Treatment Plant #1. Dr. Brockman added there has been testing at wells three through ten. Four wells have measures above MCL. However, it doesn’t mean residents received the water. She added Well 7 has a failing well casing. Ms. Heyman pointed out the recommended response is continued testing, searching for funding opportunities, and keeping PFAS treatment as an option in future planning. The City is engaged with the 3M/DuPont lawsuit, and Staff is prioritizing transparent information sharing. Ms. Heyman added the 3M/DuPont lawsuit includes all water systems in the United States. A settlement was reached with 3M and DuPont to pay for PFAS treatment for impacted communities. Funds are dispensed based on PFAS concentrations and water use. Brooklyn Center is working with Lockridge, Grindal, and Nauen P.L.L.P. There is an estimate for Brooklyn Center to receive a pay-out of low six figures from one organization and potentially seven figures from the other. The money would be repaid over a 13-year time period. As of right now, there isn’t a timeline for when payouts will begin. Councilmember Lawrence-Anderson asked if one tower was shut down. Ms. Heyman stated Staff found Well 7 had a failed casing in early 2023. The City is still drawing water from Well 7, but they are working on plans for Well 11 to offset issues with Well 7. They are looking for a location with the lowest PFAS impacts. Councilmember Kragness asked if there is a way to be more consistent with the testing. Dr. Brockman explained she briefly summarized the collection and testing process, but there are more details that go into the process to increase accuracy. They have found a lab with more precise calculations. Councilmember Kragness stated they shouldn’t see an increase. Dr. Brockman stated there isn’t a current increase. There is potential for a small increase due to the direction of the river flow. The quarterly sampling is often enough to see any overarching changes but still infrequent enough to avoid discrepancies and outliers. The calculations include a rolling average using quarterly measurements. Councilmember Kragness asked where is the nearest well outside of Brooklyn Center with high PFAS. Dr. Brockman asked for data on surrounding areas. Brooklyn Park’s samples were slightly higher than Brooklyn Center’s samples. There is limited data, and the aquifer has not been tested. 6/10/24 -6- DRAFT Councilmember Kragness asked if sampling is required. Dr. Brockman stated the MCL will require routine sampling, and there is a three-year period to become compliant. Brooklyn Center is already compliant. Councilmember Jerzak asked if there is research being done for disposal. Dr. Brockman stated she hasn’t seen any promising research lately. Some technology is making progress, but it is not for areas as large as Brooklyn Center. Success in a laboratory doesn’t necessarily translate to success in application. Mayor Graves asked if it is typical for there to be few samples from aquifers. Dr. Brockman explained initial resources and efforts went toward areas near 3M. There is a lack of funding for testing, and the specific tests are expensive. Councilmember Jerzak moved and Councilmember Kragness seconded to accept the presentation. Motion passed unanimously. 7b. RESOLUTION RECOGNIZING AND HONORING OFFICER MELONEY KNIGHT FOR OVER 30 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Graves read in full a Resolution recognizing Officer Meloney Knight for over 30 years of dedicated service to the City of Brooklyn Center. Councilmember Jerzak moved and Councilmember Kragness seconded to adopt RESOLUTION NO. 2024-66, a resolution recognizing and honoring Officer Meloney Knight for over 30 years of Dedicated Service to the City of Brooklyn Center. Motion passed unanimously. Staff confirmed Officer Knight would receive a copy of the Resolution. 8. PUBLIC HEARINGS 9. PLANNING COMMISSION ITEMS 9a. AN ORDINANCE AMENDING SECTION 35-4103 (ALLOWED USE TABLE) OF THE CITY CODE OF ORDINANCES REGARDING PUBLIC AND PRIVATE ELEMENTARY AND SECONDARY SCHOOLS OFFERING A REGULAR COURSE OF STUDY IN THE TRANSIT ORIENTED DEVELOPMENT (TOD) ZONING DISTRICT - SECOND READING City Manager Reggie Edwards introduced the item and invited Planning Manager Ginny McIntosh to continue the Staff presentation. 6/10/24 -7- DRAFT City Planner Ginny McIntosh explained Independent School District #286, commonly known as Brooklyn Center Community Schools, is requesting an ordinance amendment to Chapter 35 of the City Code to allow for “public and private elementary and secondary schools offering a regular course of study” as a conditional use within the City’s Transit Oriented Development (TOD) zoning district. This use is currently permitted as a conditional use within the City’s R1 (Low- Density Residential), R2 (Medium Low-Density Residential), and R5 (High-Density Residential) zoning districts. Ms. McIntosh noted due to the nature of the request, a public hearing notice was published in the Brooklyn Center Sun Post on April 25, 2024. Mail notifications were sent to those property owners and residents located within 350 feet of the Subject Property per the direction of the City Attorney. A public hearing notice was also uploaded to the City’s website, and a link to the public hearing notice was sent out by email to subscribers of the City’s weekly events bulletin. Ms. McIntosh stated per Section 35-71301, an amendment of the City’s Unified Development Ordinance may be initiated by the City Council, Planning Commission, or a City property owner. In this particular case, the Applicant contacted the City regarding proposed changes to their building located at 5910 Shingle Creek Parkway, which was purchased by the Applicant in 2022. The Applicant had long been a tenant of the building, and served as the home of its Centaur Beginnings Child Care and Early College Academy (ECA), and desired a consolidation of their district offices and childcare services into one building. Ms. McIntosh stated in Planning Commission Application No. 2022-002, the intent at that time was to house an Early Learning Center at this location, as well as a community service center, wellness, center, and elder’s room. In facilitating the purchase of the property, the City of Brooklyn Center’s Economic Development Authority acquired approximately 5.45 acres of the approximately 8-acre property for future developable land within the Opportunity Site when the property was re-platted. The acquisition was intended to consolidate district offices and childcare services into one location. Ms. McIntosh pointed out City Staff was contacted by the applicant in April 2024 regarding the District’s plans to relocate its regular and special education preschool programming from Brooklyn Center Elementary School, located at 1500 59th Avenue North and within the City’s R1 (Low Density Residential) District, to 5910 Shingle Creek Parkway, which is located within the City’s TOD (Transit Oriented Development) District. Ms. McIntosh stated the applicant had already proceeded with interior remodeling to the second floor of the building located at 5910 Shingle Creek Parkway, in anticipation of relocating the Early College Academy upstairs to accommodate the existing Centaurs Daycare and preschool programs on the main level of the building, when the applicant was notified that public elementary schools were not permitted within the TOD District. Ms. McIntosh explained as proposed, the applicant would be seeking a text amendment to Chapter 35 (Unified Development Ordinance) that would allow for “public and private elementary and 6/10/24 -8- DRAFT secondary schools offering a regular course of study” as a conditional use within the City’s Transit Oriented Development (TOD). Ms. McIntosh added City Staff engaged with the City Attorney initially to determine whether or not “preschools” could be interpreted as “licensed daycare facilities (13 or more persons)” as Centaur Beginnings Child Care was issued a special use permit from the City in 2014 and had operated continuously from the 5910 building. Ms. McIntosh stated in reviewing information from the Minnesota Department of Education, it was eventually determined that the voluntary prekindergarten (VPK) and school readiness plus (SRP) programs are publicly funded prekindergarten programs that may be incorporated into a school district or charter school’s E-12 system as a “new grade level” and are therefore are considered an extension of the elementary programming overseen by the Department of Education. Brooklyn Center Community Schools (ISD #286) and Robbinsdale Area Public Schools (ISD #281) both offer pre-kindergarten programming. Ms. McIntosh explained in reviewing requests for ordinance amendments, certain amendment criteria shall be considered as outlined under Section 35-71304 (Amendment Criteria). The Planning Commission and City Council shall review the necessary submittal requirements, facts, and circumstances of the proposed amendment, and make a recommendation and decision on the amendment based on, but not limited to, consideration of certain criteria and policies. The criteria include whether there is a clear and public need or benefit, whether the proposed amendment is consistent with and compatible with surrounding land use classifications, whether all permitted uses in the proposed zoning district can be contemplated for development of the subject property, whether there have been substantial physical or zoning classification changes in the area since the subject property was zoned, whether there is an evident, broad public purpose in the case of City- initiated rezoning proposals, whether the subject property will bear fully the UDO development restrictions for the proposed zoning districts, whether the subject property is generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography, or location, whether the rezoning will result in the expansion of a zoning district, whether the proposal demonstrates merit beyond the interests of an owner or owners of an individual parcel, the specific policies and recommendations of the Comprehensive Plan and other City plans, the purpose and intent of the UDO, and the adequacy to buffer or transition between potentially incompatible districts. Ms. McIntosh stated all impacted properties located within the City’s TOD zoning district are future-guided under the 2040 Comprehensive Plan as “TOD (31.01-130 DU/Ac.),” which is a new future land use designation. The TOD designation was a direct response to the opening of the Metro Transit C and D lines and the land use designation specifically guided redevelopment within one-quarter mile of the planned station stops and a vision that these areas create a vibrant, accessible, and diverse land use pattern. Ms. McIntosh added the majority of the City’s forecasted growth, as outlined in the City’s 2040 Comprehensive Plan, was anticipated to occur within the City’s major redevelopment areas guided primarily as Transit Oriented Development (TOD) and Commercial Mixed-Use (C-MU), and a 6/10/24 -9- DRAFT minimum of 75 percent of the land within this designation was planned for development into high- density residential uses, with remaining land developed for supporting retail, office, and commercial uses. The TOD future land use designation is ultimately intended to create a walkable, bikeable, vibrant core within the City of Brooklyn Center, and encompasses properties located within the City’s Opportunity Site, and along Bass Lake Road (County Road 10) and Xerxes Avenue North. Ms. McIntosh explained the Institute for Transportation & Development Policy notes that “Transit Oriented Developments are inherently intended to integrate urban places designed to bring people, activities, buildings, and public space together, with easy walking and cycling connections between them and near-excellent transit service to the rest of the City.” Unlike the broader region, in which the population continues to age rapidly, Brooklyn Center’s population grew younger between 2000 and 2010, due to an increase in the number of persons aged 25 to 34, many of which are starting families and having children. Increases in the number of young families ultimately place demands on schools, housing affordability, and the types of retail goods and services needed. In the case of the TOD future land use designation, where 75 percent of the lands are likely to provide higher-density housing, it is assumed that the demand for school and daycare services will only increase. In the case of those lands future guided as “Transit Oriented Development” under the City’s 2040 Comprehensive Plan, those affected school districts include Brooklyn Center Community Schools (ISD #286) and Robbinsdale Area Public Schools (ISD #281). Ms. McIntosh noted although the 2040 Comprehensive Plan noted a median age of residents as 32.8, the 2020 census identified a median age of 32.4 in Brooklyn Center. The median age in Minnesota is 39. The American Community Survey estimates identify approximately 9 percent of Brooklyn Center’s population as being under 5 years of age, and approximately 29.3 percent of the City’s population as being under 18 years of age. In the state of Minnesota, and per ACS estimates, approximately 5.7 percent of the state’s population is under five years of age, and approximately 22.5 percent of the state’s population is under 18 years of age. Ms. McIntosh stated the City’s Transit Oriented Development zoning district was created as a district response to the City’s adoption of the 2040 Comprehensive Plan in 2019. The purpose of the TOD district is to support opportunities for dense, transit-supportive, and transit-oriented development. The TOD district requires intensities and patterns of development that support vibrant pedestrian activity and discourage land uses and development patterns that could decrease walkability or interfere with the future growth of transit-oriented development and transit ridership. further district intends to foster job creation and economic growth in near proximity to transit and provide citizens with new housing and lifestyle choices with a high level of amenities and spaces for social interaction. Ms. McIntosh pointed out that 23 properties are currently zoned TOD. Nine of those properties are location with the City’s Opportunity Site, five of which are owned by the EDA. Ms. McIntosh noted uses currently allowed within the City’s Transit-Oriented Development District are similar to “public and private elementary and secondary schools offering a regular course of study,” and targeting similar demographics, including community centers, libraries and 6/10/24 -10- DRAFT art galleries, nonresidential educational uses including Area Learning Centers (ALC), post- secondary schools, business schools, trade schools and the like, and licensed daycare facilities (13 or more persons). Ms. McIntosh stated those properties located outside the Opportunity Site, all of these properties are currently being developed at this time, and in many cases, City Staff does not foresee any opportunity to utilize these properties for educational purposes, which limits the ability of school districts to address the needs of an increasingly young population in a district intended for the greatest housing density within the City, and encompassing the majority of lands intended for what is envisioned as the City’s downtown, walkable core. Examples include the Transit Center, Gateway Commons, Sonder House, Sonder Point, and Cub Foods. Ms. McIntosh stated constraints within the use are due to building and fire code restrictions on how many stories up an educational use can be, fire systems, exiting, and the like. There are limited locations in which schools are able to serve students in the City’s TOD district. Ms. McIntosh pointed out that a public hearing was held at the May 9, 2024, Planning Commission meeting. Commissioners in attendance were supportive of the requested ordinance amendment. No public comments were provided in advance of or at the public hearing. The Commission inquired on whether there were any buildings located within the City's designated TOD District that would be conducive to re-using for a school use. The Commission later indicated that given the City's demographics and increasingly younger population, there is almost a paramount importance to providing educational opportunities to the City's young residents and ensuring young families stay here. Ms. McIntosh stated an additional comment presented was that there was a general surprise that we as a City did not catch this during conversations on the 2040 Comprehensive Plan or the Unified Development Ordinance update, but that if the City intends to have a large amount of our population concentrated within the TOD District, as it is the City's most dense district, that a provision for schools was almost necessary. General questions were presented on other uses currently within the 5910 Shingle Creek Parkway building, which is the Applicant's property. Ms. McIntosh noted at the close of the public hearing, the Planning Commission elected to unanimously (4-0) recommend City Council approval of the requested ordinance amendment to Section 35-4103 (Allowed Use Table) to allow for public and private elementary and secondary schools offering a regular course of study as a conditional use within the City's Transit Oriented Development (TOD) District. A first reading of the requested ordinance amendment to Section 35-4103 was presented as a consent item at the City Council meeting on May 28, 2024. Said item was approved by Council on a 5-0 vote. Councilmember Jerzak moved and Mayor Graves seconded to approve a Second Reading regarding the adoption of an ordinance amending Section 35-4103 (Allowed Use Table) of the City Code of Ordinances, as outlined under Planning Commission Application No. 2024-008, to allow for Public and Private Elementary and Secondary Schools Offering a Regular Course of Study in 6/10/24 -11 - DRAFT the Transit Oriented Development (TOD) zoning district, and publish the adopted ordinance in the Brooklyn Center Sun Post. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. READING OF EXECUTIVE PERFORMANCE EVALUATION Mayor Graves read a summary of the Executive Performance Evaluation. She explained the process for the evaluation and involvement of various Councilmembers. The Council acknowledged the need to better define goals for the City Manager. 11. COUNCIL REPORT Mayor Graves reminded the Council she would be out of town to attend a National League of Cities. 12. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Butler seconded adjournment of the City Council meeting at 7:55 p.m. Motion passed unanimously.