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HomeMy WebLinkAbout2024.09.09 CCM REGULAR9/9/24 -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 SEPTEMBER 9, 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 7:02 p.m. 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, 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 April Graves opened the meeting for the purpose of Informal Open Forum and reviewed the policies for Open Forum. Lori B. expressed her support for the Canopy Roots program as they have been successful elsewhere. Mayor Graves requested Lori B. not to address any items on the agenda. Lori B. asked if there would be a public comment opportunity. Mayor Graves stated the item is on the Consent Agenda, so there is no public comment. Lori B. stated she would submit her comments via email. Lori B. pointed out it is the angel-versary for Kobe Heisler. Five years ago, he was shot by Brooklyn Center police during a mental health crisis. Autism is not a crime, and expanded response programming would have saved his life. She added as a board member for the Duante and Kobe No More Names Initiative, she is continuing the work that was started on the Implementation Committee. She is working with Ramsey County and Duluth regarding alternative responses and their plans for sustaining the programs. Mayor Graves stated she would welcome any additional information on program sustainability and alternative responses. Mike H. stated he is the pastor in Brooklyn Center and works with a car ministry and a food ministry. They are also working on a ministry geared towards veterans with an established medical devices ministry. Lastly, they hope to start a school for disabled veterans to repair medical devices. 9/9/24 -2- Mayor Graves thanked Mike H. for his work in the community. Mike H. stated there are two issues with zoning that have been brought to them. Roger K. stated he spoke with a City representative earlier that day and was informed a household could have three dogs. He thought there could only be two dogs, noting that 7230 Lee Avenue North has five dogs: three bulldogs and two rottweilers. The dogs are kept in a fenced yard and they have gotten out of the yard without a leash. The same address has a basketball hoop on the curb where young people play in the street. It is unsafe because of the cars that drive on Lee Avenue. The basketball hoop is also an issue for snow removal. Mayor Graves noted they are almost out of time for Open Forum. It was the consensus of the Council to allow for more public comment. Lori M. stated the Bellevue basketball court was torn out in the spring. There is still no striping, and the hoops lay near the court uninstalled. She implored the Council to ensure the contract was fulfilled. Lori M. stated September 21, 2024, is the 75th Anniversary of the Fire Department. There will be free popcorn provided by the Lady Lions and a collection of donations for CEAP. Lori M. noted Soldier Six is having a gala to fundraise. They are the organization that trained the compassionate animals for the City. Lori M. added Council is meant to represent the City and its needs during the budget process. Bill D. stated there is an issue with Orchard Lane. The water line to his house was cut. There was an issue with manganese in the line. They had to pay almost $900 for a plumber to handle the issue, and their new water heater and coffee pot were ruined. A construction worker suggested another property turn off the soft water filter which saved all of the other homes from the same fate. He should not be financially responsible for mistakes out of his control. Dr. Edwards requested contact information from Bill D. Councilmember Butler moved and Councilmember Jerzak seconded to close the Informal Open Forum at 7:16 p.m. Motion passed unanimously. 5. INVOCATION Mayor Graves read a poem she wrote called “Find Your Sublime” which is especially important in difficult times. 6. APPROVAL OF AGENDA AND CONSENT AGENDA 9/9/24 -3- Councilmember Butler moved and Councilmember Kragness seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. August 12, 2024 – Study Session 2. August 12, 2024 – Regular Session 3. August 15, 2024 – Special Session – Canvassing Board 6b. LICENSES MECHANICAL Air Comfort Specialists, Inc. 662 116th Lane NE Blaine 55434 Airtech Thermex, LLC 5417 Boone Avenue N New Hope 55428 Arctic Mechanical 8236 Arthur Street NE Spring Lake Park 55432 Flare Heating and Air Cond 9303 Plymouth Avenue N Golden Valley 55427 Gilbert Mechanical Contractors Inc. 5251 74th Street West Edina 55439 Kirts Mechanical LLC 2803 Roth Place White Bear Lake 55110 Underdahl’s Heating and Air 7778 Arabian Circle Conditioning LLC Lino Lakes 55014 Faircon Service Company 764 Vandalia Street St. Paul 55114 Hertz Mechanical Inc. 19561 Vernon Street Elk River 55303 RENTALS INITIAL (TYPE IV – six-month license) 5103 Xerxes Avenue N Donna Denise Williams 6206 Brooklyn Boulevard Paul Yang 6907 Palmer Lake Drive W JULIA A CELLERI MERCHAN & 9/9/24 -4- MIGUEL RIERA 6706 Scott Avenue N Green Jacket Llc INITIAL (TYPE III – one-year license) 3600 Admiral Lane HPA CL1 LLC INITIAL (TYPE II – two-year license) 6106 Aldrich Avenue N Home Sfr Borrower Llc 6825 Quail Ave nue N Mao Lor RENEWAL (TYPE IV – six-month license) 4748 Twin Lake Ave nue Rco Holdings Llc 5300 Knox Ave nue N ANTONIO VIZCARRA-MORENO 5332 Humboldt Ave nue N CA Morales & ZA Contreras 5410 France Ave nue N SFR BORROWER 2022-1 LLC 6213 Chowen Ave nue N Nazneen H Khatoon 6445 James Circle N Kaswa Hospitality Inc 6501 Brooklyn Drive ADS LLC 7018 France Avenue N CMCB LLC 7030 Regent Avenue N Rifive Inc 7131 Ewing Avenue N The Next Edison Trust RENEWAL (TYPE III – one-year license) 1300 67th Ave nue N Roger And Elizabeth 3401 47th Ave nue N Bmw Holding Llc Et Al 1325 68th Lane N Roth Wagner 2 Llc 5827 Ewing Ave nue N Juan Carlos Quito-villa 6325 Kyle Ave nue N Cuong Pham 7000 Oliver Avenue N PE Enohnyaket/M Enohnyaket 9/9/24 -5- RENEWAL (TYPE II – two-year license) 201 65th Avenue N Riverwood LLC 2325 Ericon Drive Pro Operan Sub Ii Llc 4908 Abbott Avenue N Aaron Burmeister RENEWAL (TYPE I – three-year license) 5137 France Avenue N Ricardo Noubleau & Myriam Noubleau 5256 Twin Lake Boulevard E Brian Somkhan 3018 Thurber Road Angelique B Kapila 3101 61st Avenue N Janice K Leonard Rev Trust 3312 64th Avenue N Buildup Assets 64th Ave Llc 4600 65th Avenue N AUX Funding LLC 5643 Knox Avenue N Jason Flaa 5737 Emerson Avenue N Nutida Wong 6219 Regent Avenue N Good Domus Sub IX LLC 6315 Brooklyn Boulevard Raymond T He 6800 Bryant Avenue N Peter Nguyen SIGNHANGER Install This Awning & Sign 4835 Lyndale Avenue N Minneapolis 55430 6c. RESOLUTION AUTHORIZING CITY STAFF TO APPLY FOR A GRANT TO INSTALL PLAYGROUND SURFACING AT SELECT BROOKLYN CENTER PARKS UNDER THE PROVISIONS OF THE HENNEPIN YOUTH PLAY AREA GRANT 6d. RESOLUTION AUTHORIZING GRANT APPLICATION TO STUDY HWY 100 CONNECTIVITY AT JOHN MARTIN DRIVE 6e. RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ENTER INTO CONTRACTS WITH HENNEPIN COUNTY HUMAN 9/9/24 -6- SERVICES AND PUBLIC HEALTH DEPARTMENT AND CANOPY ROOTS FOR EXPANDED RESPONSE TEAM PILOTS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH CONTRACTS Motion passed unanimously. Mayor Graves thanked the many people who have contributed to the process of finding an alternative response strategy. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. HIGHWAY 252/I-94 ENVIRONMENTAL REVIEW: PRESENTATION BY THE 252 SAFETY TASKFORCE Dr. Edwards introduced the item and invited representatives of the Highway 252 Task Force to continue the presentation. Lisa McNaughton introduced herself. In 2013, the Minnesota Department of Transportation (MnDOT) started introducing detrimental plans for Highway 252, and groups of concerned community members began to gather. The Council sanctioned the Task Force which includes folks from various professions. Ms. McNaughton noted Brooklyn Center is an attractive place to live due to its location, diversity, and amenities. The Task Force has spent thousands of hours addressing the inequitable plans suggested by MnDOT. Their proposals negatively impact pollution, river health, local households, and more. Tom Kouri, a member of the Highway 252 Task Force, explained MnDOT is ignoring its own project objectives such as achieving equitable social, environmental, and economic outcomes, reducing injuries and fatalities, supporting reliable transit service, minimizing the need to acquire additional property, and ensuring solutions are consistent with local government planning. Similarly, MnDOT is ignoring every pillar of livability and rejecting Equity and Health Advisor recommendations. Mr. Kouri added the proposed changes would negatively impact noise pollution, prioritize highways over trails, and avoid alternative solutions such as platforming. On the whole, MnDOT is not trying to enhance Brooklyn Center. A video was played about a young man named Jason who died on Highway 252 due to a drunk driver that hit his car. Since Jason’s death, there have been nine more fatal crashes on Highway 252. Safety needs to be the top priority for any highway changes. No traffic improvements matter more than safety. 9/9/24 -7- Bill Newman, a member of the Highway 252 Task Force, explained Highway 252 is currently an expressway with at-grade stoplight intersections. Crash rates at the 85th and 66th intersections are 300 percent and 500 percent higher than the State average. A freeway with grade-separated on- ramps and off-ramps that follow good design safety practices should be safer than an expressway. The MnDOT six-lane freeway plans ignore good design and safety practices and will result in poor network crash safety and only fair mainline crash safety. Mr. Newman noted MnDOT refuses to model interchanges safely. For almost a decade, MnDOT has asked for location-specific modeling comparing 66th to other locations farther from 694. The draft scoping documents describe a comprehensive study of closely spaced Metro area interchanges. However, no such study exists. Mr. Newman showed a map created by MnDOT showing potentially impacted properties. It shows MnDOT has no intention of complying with safe ramp spacing at 66th. The absolute minimum distance required for a ramp per the MnDOT Road Design Manual (MnDOT RDM) in Chapter 6 is 2000 feet. However, the proposed ramp is less than 2000 feet. The more desirable distance is at least 3000 feet. Mr. Newman shared a quote from MnDOT RDM Chapter 6 about how complicated on- and off- ramps can be. Cars driving at 65 miles per hour have 31 second to weave into traffic when a ramp is 3000 feet. However, the proposed ramp at 66th spacing has 830 feet which only allows for 8.7 seconds to weave. Mr. Newman noted interim safety measures have been installed, and there needs to be an evaluation on how it has impacted traffic safety. The Task Force hopes to include a six-lane expressway option with additional safety improvements. Overall, a freeway has many negative impacts to the community but could be beneficial if done properly. Stephen Cooper, member of the Highway 252 Task Force, added the proposed changes would dump millions of additional vehicles into the area. MnDOT knew a project couldn’t be done safely, so they decided to ignore any safety guidelines. Mr. Cooper pointed out MnDOT has a history of failing to meet safety performance targets, citing a quote from a June 2022 MnDOT document. Mr. Cooper reiterated the proposed changes are unsafe, increase pollution, and do not benefit Brooklyn Center. MnDOT makes decisions before collecting data and ignores local government and public input. MnDOT has eliminated safer, less expensive options before evaluating them in the EIS process. MnDOT has also ignored Brooklyn Center’s request to consider less harmful options in the EID process; over 600 public comments have been ignored. Mr. Cooper noted Highway 252 is very close to homes and businesses while freeways like US 169 and I 35 are below grade or have greater setbacks from properties to add lanes with minimal community impacts. MnDOT has a history of placing the burden of roads on poor and diverse communities. 9/9/24 -8- Mr. Cooper added the MnDOT proposal is a threat to Brooklyn Center’s water supply. A freeway would greatly increase truck traffic and the risk of toxic release poisoning the City’s water due to the wells’ proximity to Highway 252 and pointed out the exact locations. Mr. Cooper stated MnDOT remains unwilling to listen. He stated that Brooklyn Center cannot wait around and be lulled into a false sense of security. Mayor Graves thanked the presenters and Task Force members for their time, research efforts, and passion for the topic. She requested a copy of the presentation be sent to her. Councilmember Butler noted her agreement with Mayor Graves. She also thanked the Council for their willingness to consider the points made in the presentation. Councilmember Kragness thanked the Highway 252 Task Force for the presentation. Councilmember Jerzak pointed out he is a liaison to MnDOT for the Highway 252 project. The Task Force has changed his perspective on the matter. The Council should deny municipal consent. While it won’t stop the project, it would force a mediation. He implored the Council to present a united front to MnDOT. They must consider the end result during any negotiations. Mayor Graves agreed it would be smart for the Council to come to a consensus before approaching MnDOT. Councilmember Lawrence-Anderson noted her agreement with Councilmember Jerzak and Mayor Graves. She commended the community for their engagement regarding the matter. Councilmember Jerzak moved and Councilmember Butler seconded to accept the presentation from the 252 Safety Task Force. Motion passed unanimously. 7b. ARPA FUND UPDATE Dr. Edwards introduced the item and explained the funds would have to be expended before the end of the year. $150 billion in CARES funding was sent to support state, local, and tribal governments. Minnesota received $841 million and allocated $75.34 per capita to local governments. Brooklyn Center received $2.433 million. Dr. Edwards stated eligible uses for the funds included necessary expenditures incurred due to the public health emergency with respect to COVID-19, items not accounted for in the previously approved budget, and costs incurred March 1 through December 30. The unspent balance was returned to medical facilities chosen by the City of Brooklyn Center. Federal Legislation is under consideration which could extend the deadline and may expand eligible uses to include revenue replacement. 9/9/24 -9- Dr. Edwards stated the priorities recommended by Staff were personnel costs, unemployment costs, business forgivable loans, the non-profit grant program, food shelf contributions, supply costs and equipment, and other supplies. Dr. Edwards stated anticipated emergency response and health-related costs include a forgivable loan through EDA reimbursement, health facility upgrades and improvements such as touch-free faucets and doors and upgrades for air filters, IT systems updates and equipment, emergency response systems upgrades, and personal protective supplies and equipment. There were also innovative pilots implemented such as the senior tablet initiative, wi-fi in neighborhood parks, Health on the Go, back-to-school safety kits, food security and community service grants, and a public art transit and mental health initiative. Overall, the CARES funds were spent primarily within the organization. Dr. Edwards stated on March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law. It provides $1.9 trillion in relief to respond to the COVID-19 pandemic. The funding was primarily allocated based on population. Brooklyn Center is projected to receive around $3.2 million in ARPA funds. Half of the funds were received in 2021 and the other half in 2022. The funds must be spent by December 2024. Dr. Edwards noted when the CARES funds were allocated in 2020, the timeline to spend down was very short. As a result, most of the funding went to cover costs incurred by the City or were otherwise focused internally. The City abided by several principles including erring on the side of safety for Staff and the public, recovering or reimbursing the City for expenditures made in response to the COVID-19 pandemic, and helping residents survive, respond, and thrive beyond the pandemic, serving a clear and direct public purpose and benefit, bolstering long-term communication capacity between the City and its residents, recovering or reimbursement for operational financial hardship, using funds that provide long-term, multi-generational wealth- building and economic stability, lowering overall tax burden of residents, and prioritizing a plan for stability. Dr. Ed wards stated the City coordinated with community partners, residents, local businesses, nonprofits, and other Staff to develop an investment plan for the funds. Key areas critical to stabilizing the community were public safety and security, economic development, public health, and community life resources. Additionally, Staff met across Departments to identify uses for funds and develop a process for identifying allocation proposals. Dr. Edwards pointed out that through the community engagement process and through the work of identifying program funding, several themes arose regarding ARPA initiatives. The funding focus was on building capacity centering economic development and youth, and building community. Dr. Edwards explained that 75 percent of the ARPA funding is allocated externally while 25 percent is focused on internal projects and initiatives. The ARPA Investment Plan allows for flexibility over time; adjustments may be needed as more information becomes known about individual initiatives. The project will be moved forward based on the timing and availability of funds, and Staff will provide an annual report on the use of the funds and program implementation. 9/9/24 -10- Dr. Edwards showed a chart with more details of the funding plan. There are some modifications to the budget that need to be addressed. There has been $200,000 allocated to LOGIS software conversion, $69,238 for police overtime, $76,000 to body-worn cameras, $88,405 to be transferred to the Golf Course, $60,000 for a salary analysis, $106,022 to upgrade software, $55,000 for expanded response, and $36,000 for security cameras in City Hall. At this time, there needs to be a reduction of $160,000 on remaining expenditures. Councilmember Kragness stated her math shows a necessary reduction of $290,000. Dr. Edwards stated he would provide the spreadsheets with exact numbers to the Council. Councilmember Jerzak asked which use of funds was the most impactful. It would be interesting to know and could be communicated through the weekly update. Dr. Edwards stated the initial use of funds was to address immediate needs. Then they were surprised with additional money through ARPA which was used for more long-term needs. Mayor Graves asked for more information on the workforce development efforts. It is being done in partnership with Brooklyn Park. Dr. Edwards stated Staff is working with Brooklyn Park to create solutions for long-term stability for the BrookLynk program. Brooklyn Park used their ARPA funding in a similar manner, so they are also in need of sustainable funding opportunities. Councilmember Butler moved and Councilmember Jerzak seconded to accept an update report on the American Rescue Plan Act funding. Motion passed unanimously. 8. PUBLIC HEARINGS None. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION APPROVING THE ADOPTION OF THE EMERALD ASH BORER MITIGATION PLAN City Manager Reggie Edwards introduced the item and invited Public Works Director Elizabeth Heyman to continue the Staff presentation. Ms. Heyman pointed out Great River Greening is a recipient of a large Federal grant, and they are partnering with the organization to address Emerald Ash Borers. Todd Rexine, Conservation Director with Great River Greening, explained the organization was started in 1995 by community members to add greenery along the riverfront in St. Paul. The 9/9/24 -11 - organization has since restored over 50,000 acres at nearly 400 sites throughout the State. He showed images of projects. Mr. Re xine stated Cooling Minnesota Communities is a new initiative to combat the urban heat island effect. The goal is to improve the health and resilience of urban tree canopy. They hope to plant and water trees, including climate-resilient species, and to remove dead and hazardous trees. They are focusing on communities with the most need such as heat-prone areas and Federal Climate and Economic Justice zones. Katie Edmond, Urban & Community Forestry Program Manager with Great River Greening, explained they hope to plant 800 trees that are six to ten feet high. They will use contracted and volunteer planting, contracted establishment watering, and community tree giveaways. There is a need to remove some hazard trees while following the ISA Hazard Tree Assessment. Ms. Edmond stated three Great River Greening staff are dedicated to the program to work with partners: a Program Manager, Urban Forestry Specialist, and a Community Forestry and Stewardship Coordinator. There are a number of funding streams for the project including the Inflation Reduction Act, the USDA Forest Service’s Urban and Community Forestry Program, and the Minnesota Environment and Natural Resources Trust Fund. Ms. Hanson explained Emerald Ash Borers have been spreading in Minnesota since 2009. The City’s plan relates to public ash trees in Brooklyn Center. She showed a map with ash trees on the City property and their condition from a 2023 inventory. Around 386 ash trees remain on municipal property. As for private ash trees in Brooklyn Center, the County has funding to help remove private trees. It is an income-based program, and applications are currently paused. Ms. Hanson stated ash trees can be treated, but some must be removed as they are past the point of being saved. The goal is to remove ash trees before they become hazardous and replant with at least a 1:1 ratio. They will purposely diversify the canopy via the replacement program. Ms. Hanson pointed out the estimated cost for removals is $750,000 to $1 million while the replanting cost is $160,000 to $200,000. Watering must also be considered. Around 15 percent of newly planted trees do not survive the establishment period. In 2023, Brooklyn Center started a Hazardous and Diseased Tree Capital Improvement Program with $150,000 allocated each year. They were able to successfully leverage local funds as matching grant dollars. Ms. Hanson stated the next steps are to front load removals early on in the grant period to allow for more time to water new trees. They plan to remove 221 ash trees in the fall with a focus on Riverdale, East Palmer, and West Palmer Parks and the right-of-way. Additionally, Staff looks forward to continuing to build the partnership with Great River Greening. Councilmember Lawrence-Anderson asked how the trees would be disposed of. Forester Matt Chopp explained they would chip a smaller brush and allow it to sit for one year. Larvae cannot survive the winter when in small pieces of bark. The larger items will be disposed of at another facility in Maple Grove or Brooklyn Park. 9/9/24 -12- Councilmember Lawrence-Anderson asked if the stumps will be grinded down. Mr. Chopp confirmed the stumps will be grinded. Ms. Heyman added Staff is trying to roll tree removal into other construction projects for cost savings. Councilmember Kragness asked how the trees could be managed to avoid any safety issues. She also asked how much it costs to treat a tree. Ms. Heyman stated many of the public trees were too far gone for treatment by the time the City could address the issue. Mr. Chopp explained the cost for treatment $200 to $400 every two years for a 16-inch tree. The treatment has to be done every two years for the life of the tree. Councilmember Jerzak asked if the forestry position will be backfilled and how the Council can refer constituents to Staff when questions arise regarding trees. Ms. Heyman confirmed the position will be backfilled strategically while focusing on some goals of the Council such as landscaping. There is a general phone line and general email address to reach Public Works Staff. Mayor Graves asked what the replacement ratio would be in areas throughout the City and how many free trees would be available to the public. Ms. Heyman stated there would be 165 trees given to the community members. Staff is working to determine the best locations to plant trees. The Federal funding only allows for trees to be planted in certain areas, but the State funding doesn’t have specific location requirements. Mayor Graves noted she would like information from Staff about the various green and environmentally friendly initiatives Brooklyn Center is taking on. There was consensus from the Council to request a presentation on the item. Councilmember Kragness asked if there is any treatment being done on public trees and if there are any ways to keep other trees safe. Mr. Chopp stated many trees are past the treatment point. A majority of the trees have less than 60 percent of the canopy left. The City has chosen to remove trees rather than treat them as guidelines say treatment is only impactful when 80 percent or more of the canopy is left. Any trees near infested trees have already been infected and will succumb to the disease if they haven’t already been treated. Mayor Graves moved and Councilmember Kragness seconded to adopt RESOLUTION NO. 2024- 88, approving the adoption of the Emerald Ash Borer Mitigation Plan. Motion passed unanimously. 11. COUNCIL REPORT The item was not addressed in the interest of time. 12. ADJOURNMENT 9/9/24 -13- Councilmember Lawrence-Anderson moved and Councilmember Kragness seconded adjournment of the City Council meeting at 8:54 p.m. Motion passed unanimously.