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HomeMy WebLinkAbout2024.10.14 CCM REGULAR10/14/24 -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 OCTOBER 14, 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 6:45 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 Fiscal & Support Services Angela Holm, Director of Public Works Elizabeth Heyman, Community Development Director Jesse Anderson, Zoning Administrator Ginny McIntosh, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Jason Hill. 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. She reviewed the Code of Conduct. Gretchen E. explained she is appearing on behalf of her neighbor. She thanked the Public Works Department for their help. Nahid K. stated she has comments on the proposed letter for the Minnesota Department of Transportation (MnDOT). Mayor Graves stated the item is on the agenda, so it cannot be addressed at Informal Open Forum. Nahid K. asked how the community can provide input. Mayor Graves stated it cannot be at Informal Open Forum. The agenda item is only a discussion and not a vote. Nahid K. asked how she could provide input. Mayor Graves pointed out input can be received by the Council through the Hwy 252 Task Force. Dr. Edwards added anyone can provide written comments to the Council. The public may comment on the item when the letter isn’t on the agenda. Dr. Edwards stated that staff is looking for council consensus to send the letter. 10/14/24 -2- Mayor Graves pointed out Staff received feedback from the Hwy 252 Task Force. Nahid K. asked how other community members can provide feedback. Mayor Graves stated folks can email the Council with a statement. Councilmember Lawrence-Anderson noted the meeting is very packed and people are clearly passionate about the item. Perhaps Council could delay a vote. Mayor Graves stated the decision is up to the Council. Councilmember Kragness asked what the timeline is for the letter. Zoning Administrator Ginny McIntosh explained she doesn’t have the calendar for the Policy Advisory Committee, but the next meeting is scheduled to take place before the next Council meeting. MnDOT is looking for feedback from the Policy Advisory Committee at their coming meeting. Councilmember Kragness stated the Council received additional information from the Hwy 252 Task Force after receiving the drafted letter from Staff. Councilmember Jerzak pointed out there will be a discussion on the letter as there is an agenda item for the topic. Nahid K. asked if the Council will make a decision on the letter at the meeting. Mayor Graves stated she wasn’t sure. Ikraan H. explained she was charged an additional $4,000 for assessments. Her notices were sent to her rental house rather than her residence. She lost her job recently and has been caring for her mother who has a tumor, so she cannot afford $4,000. She was confused about the process, and she spoke to Staff about it. There may have been some miscommunication between her and Staff. Her tenant didn’t want to pay rent and any lawyers she consulted scammed her. Ultimately, she had to give up her apartment and move back into her rental home. Her tenant also left the house in disrepair. Mayor Graves pointed out they need to be conscious of timing, though no one was keeping time for her. She requested an email be sent with the details and any documentation for a more thorough review. Councilmember Jerzak noted certification is on the agenda. Mayor Graves stated it is unclear if the concern is being certified, so she allowed the comment to continue. Mayor Graves asked if the item is about an assessment. Ikraan H. stated the concern is about a rental license expiring. Mayor Graves stated there would be a time for comments during the assessment hearing. Councilmember Kragness stated this is not the first time a resident has mentioned not receiving a letter notification. She asked what efforts are made by Staff to contact folks. Dr. Edwards stated Staff can provide details on the process during the appropriate agenda item. 10/14/24 -3- Councilmember Butler moved and Councilmember Jerzak seconded to close the Informal Open Forum at 7:14 p.m. Motion passed unanimously. 5. INVOCATION Mayor Graves noted it is Indigenous People’s Day. She shared a quote from Chief Seattle, “Humankind has not woven the web of life. We are but one thread within it. Whatever we do to the web, we do to ourselves. All things are bound together. All things connect.” Mayor Graves also shared a quote by Black Elk, “What is Life? It is the flash of a firefly in the night. It is the breath of a buffalo in the wintertime. It is the little shadow that runs across the grass and loses itself in the sunset. The True Peace. The first peace, which is the most important, is that which comes within the souls of people when they realize their relationship, their oneness, with the universe and all its powers, and when they realize that at the center of the universe dwells the Great Spirit. The second peace is that which is made between two individuals, and the third is that which is made between two nations. But above all, you should understand that there can never be peace between nations until it is known that true peace, which, as I have often said, is within the souls of men.” Mayor Graves read a poem she wrote about unity and the resiliency of hope. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lawrence-Anderson moved and Mayor Graves seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. September 23, 2024 – Study Session 2. September 23, 2024 – Regular Session 6b. LICENSES MECHANICAL Drew Can Do! LLC 3322 277th Ave NW Isanti 55040 Glowing Hearth and Home 5391 12th Ave nue E Shakopee 55379 Hap E Homes 409 6th Street W Hastings 55033 Riccar Heating & A/C 2387 Station Parkway NW 10/14/24 -4- Andover 55304 Sayler Heating & Air 6520 West Lake St, Conditioning, Inc. St. Louis Park 55426 Total Refrigeration 949 South Concord Street South St. Paul, 55075 RENTAL INITIAL (TYPE IV – six-month license) 5300 Colfax Avenue N Thao Pha 7130 France Avenue N FAYSAL SAID/ZAM ZAM ALI INITIAL (TYPE II – two-year license) 6015 Dupont Avenue N HOME TRS LLC RENEWAL (TYPE IV – six-month license) 700 58th Ave nue N WILBUR HUBBARD 2606 65th Ave nue N Hpa Ii Borrower 2020-2 Llc 5713 Humboldt Ave nue N Janice Biorn 5857 Colfax Ave nue N Cel Monton Llc 6712 Beard Ave nue N Mlmjr Properties & Invst Llc 7018 Irving Ave nue N Omar A & Ayanna Adams RENEWAL (TYPE III – one-year license) 7200 Camden Ave nue N Namaka Evergreen, LLC 5412 1/2 Fremont Ave nue N Larry Johnson RENEWAL (TYPE II – two-year license) 3407 65th Ave nue N Soderberg Investments Llc 6109 Beard Ave nue N SIMONS REVOCABLE TRUST 7015 Brooklyn Boulevard Willow Lane Estates Llc 5112 70th Ave nue N Ih3 Property Minnesota Lp 5535 Bryant Ave nue N E H Mendoza & E C Coto Mejia 10/14/24 -5- RENEWAL (TYPE I – three-year license) 6101 Beard Ave nue N 6939 Baird Llc Et Al C/o Rtg 707 69th Ave nue N SFR Borrower 2021-2 LLC 1513 Humboldt Place N Johnson Organization Inc 2113 55th Ave nue N Ih3 Property Minnesota Lp 3141 49th Ave nue N Ccf3 Llc 5250 Great View Ave nue N Cosco Property 5 Llc 5636 Humboldt Ave nue N Gao Qiang Liu 5936 Zenith Ave nue N S Banks & D J Banks 6349 Halifax Drive Qiang Kevin Fang 7222 Dallas Road HERMAN CAP PARTNERS VILLC SIGNHANGER Kaufman Sign Company 2714 East 33rd Street Minneapolis 55406 6c. RESOLUTION APPOINTING ELECTION JUDGES FOR THE 2024 GENERAL ELECTION 6d. RESOLUTION REQUESTING ADOPTION OF THE HENNEPIN COUNTY ALL-COUNTY MITIGATION PLAN Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION RECOGNIZING OPEN HANDS, INC. FOR THEIR 25TH ANNIVERSARY ON OCTOBER 5, 2024. Mayor Graves read in full a Proclamation recognizing Open Hands, Inc. for their 25th Anniversary. 8. PUBLIC HEARINGS 8a. PROPOSED SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS, ADMINISTRATIVE FINES/CITATIONS, TALL GRASS AND WEED 10/14/24 -6- ABATEMENT COSTS, DEAD DISEASE TREE ABATEMENT COSTS, AND ADMINISTRATIVELY REGISTERED VACANT PROPERTIES City Manager Reggie Edwards introduced the item and invited Community Development Director Jesse Anderson to make the Staff presentation. Community Development Director Jesse Anderson explained Minnesota law allows cities to recover costs of certain types of services through special assessment of the property. The City incurs costs associated with these public service programs and activities. If unpaid, the costs may be specially assessed to the property. A public hearing is required. Mr. Anderson noted there are five Public Hearings scheduled for October 14, 2024, to consider certification of proposed special assessments. The Notice of Public Hearing was posted in the City’s official newspaper, Sun Post, on September 26, 2024. All potentially affected property owners have been notified by mail of the date of the Public Hearing and the amount of the proposed special assessments. Mr. Anderson pointed out there is an increased enforcement on unlicensed rental properties. Administrative citations were issued for operating without a rental license. For administrative citations and fines, an appeal process is prescribed by City Ordinance Chapter 18. Information about the appeal process and timeframes is provided with the citation. Mr. Anderson stated administrative citations or penalties are issued for noncompliance with City Ordinance. Notices are issued prior to citation and contact with the owner is attempted. The penalty doubles each time up to $1,000. The fee schedule was changed in 2024. Citations are issued to the property owner. Mr. Anderson explained there are currently 64 vacant properties throughout the City. Not all properties are registered. Staff completed the process for administratively registering properties in iMS. Properties that are vacant for 30 days or more are required to register as a vacant buildings. Notice is posted on the door and mailed to the current property owner. The property cannot be occupied until an inspection is completed and a Certificate of Re-Occupancy is issued. After several notices, the registration is administratively completed and the fee is assessed. The inspection fee of $195 will need to be paid when the owner requests an inspection. Once the inspection is completed and the compliance items are completed, Staff will issue a Certificate of Re-Occupancy. Mr. Anderson pointed out in the case of an abatement, the City bills the owner of record for the portion of costs the City incurred directly related to the abatement action. A service charge is applied to help recover administrative costs associated with the abatement process such as time spent on inspections, notifications, invoicing, overhead, and the like. The costs of the abatements are recorded as pending special assessments and this information is available to the public. Mr. Anderson explained once an assessment roll is adopted by the Council, the owner of each 10/14/24 -7- property has two options. The first is to pay the entire amount of the special assessment, without interest, by November 22, 2024. If payments are made with property taxes, the first payment will be due with taxes in 2025. Based on feedback from the City Council, Staff had a discussion with Hennepin County Staff regarding partial payments. The County has stated that after an assessment is certified partial payments can't be accepted. However, they have granted Brooklyn Center permission to accept partial payments prior to the assessments being certified to Hennepin County. Mr. Anderson noted these fees help recover some costs the City incurs related to services provided to specific properties. For accounting purposes, special assessment fees are included in the general fund as revenue. It is anticipated that these costs recovered through special assessments will be received in 2025, and are therefore included in the 2024 budget. The levy roll for administrative fines/citations totals $164,720.00. The levy roll for weed destruction totals $18,938.75. The levy roll for dead/diseased tree removal totals $46,580.44. Also, the levy roll for abatements totals $74,057.05. Around $61,000 of the abatement levy roll is for one commercial property. Lastly, the levy roll for vacant building registration totals $440. All numbers have gone up since 2023, with the exception of administrative fines. Mr. Anderson added Council may remove any reasonable appeal from the proposed levy roll and adopt the remaining proposed assessments. The Public Hearing can be continued for those properties. Staff will review and provide reports for appeals at upcoming City Council meetings for review by Council. October 28, 2024, is the tentative date for Council to decide on appeals. One written appeal was received by Staff. The appellant is unable to attend due to work, but a copy of their appeal was provided to Council. Councilmember Butler moved and Councilmember Kragness seconded to open the Public Hearings concurrently. Motion passed unanimously. Dr. Edwards asked Mayor Graves to explain to the public the difference between the Informal Open Forum and Public Hearings. Mayor Graves explained Informal Open Forum is an opportunity for the public to comment on items not on the agenda. The present public hearing is to handle concerns about assessments, and there will be another public hearing opportunity. She added the woman who spoke during Informal Open Forum may still email her about the concerns, but she doesn’t need to reiterate her comment during the public hearing. Nadia K. stated that she has a car parked in her driveway with expired license plates and the previous owner of the car did not give her the title to register it. She stated that she had been out of the country and recently returned to find the citations and assessments for the car. Mayor Graves stated that staff would follow up with her. 10/14/24 -8- Councilmember Jerzak asked if the letter received needed to be read into the record. Mayor Graves stated they have received several letters, most of which believe they shouldn’t be charged a late fee based on the timing of when the bill was sent. Dr. Edwards asked that the address be read into the record for acceptance of the document. Mayor Graves stated the address is 6041 Bryant Avenue North, and the concern is related to water which will be addressed later. Mayor Graves also read into the record a letter received in regard to 5811 Shores Drive. Kevin S. stated it is the responsibility of the City to remove trees in the boulevard. He asked if boulevard trees are what is being assessed. Mr. Anderson confirmed there is some shared responsibility for boulevard trees. However, the abatement is primarily for backyard trees. Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to close the Public Hearings. Motion passed unanimously. Councilmember Jerzak moved and Mayor Graves seconded to adopt RESOLUTION NO. 2024- 97 Certifying Special Assessments for Administrative Citations to the Hennepin County Property Tax Rolls. Motion passed unanimously. Mayor Graves moved and Councilmember Jerzak seconded to adopt RESOLUTION NO. 2024- 98 Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Property Tax Rolls. Motion passed unanimously. Councilmember Jerzak moved and Councilmember Butler seconded to ADOPT RESOLUTION NO. 2024-99 Certifying Special Assessments for Weed Removal Costs to the Hennepin County Property Tax Rolls. Motion passed unanimously. Councilmember Lawrence-Anderson moved and Councilmember Jerzak seconded to adopt RESOLUTION NO. 2024-100 Certifying Special Assessments for Abatements Costs to the Hennepin County Property Tax Rolls. Motion passed unanimously. 10/14/24 -9- Mayor Graves moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2024-101 Certifying Special Assessments for Administratively Registered Vacant Properties Costs to the Hennepin County Property Tax Rolls. Motion passed unanimously. 8b. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT 2024 PUBLIC UTILITY SERVICE ACCOUNTS AND RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR EMERGENCY PRIVATE UTILITY SERVICE REPAIRS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS City Manager Reggie Edwards introduced the item and invited Director of Fiscal & Support Services Angela Holm to make the Staff presentation. Director of Fiscal & Support Services Angela Holm explained Minnesota law allows cities to recover costs of certain types of services through special assessment of the property. The City incurs costs of providing public utilities, typically recovered through user charges. If the user charges remain unpaid, the costs may be assessed to the property. A public hearing is required for the assessment. Ms. Holm stated this process starts with a letter to the customer notifying them that their account is past due and that the amount will be certified against their property taxes. It is balances of $400 or more that are past due as of July 31, 2024. The letter details the process and the legal authority for certification. Recipients of this letter are advised they may dispute the charges at a public hearing. As of the present meeting, two formal appeals have been received. Ms. Holm noted that 6041 Bryant’s bill has been paid, so it is not on the list. Staff will contact the customer, though she will also be notified of her next bill. Ms. Holm noted once an assessment roll is adopted by the Council, the owner has two options. First, the customer can pay the entire amount of the assessment without interest by November 22, 2024. Alternatively, the customer can pay the assessment with taxes in 2024 with interest accrued from December 1, 2024. The total principal and total interest is due in 2025. Ms. Holm stated current unpaid charges amount to $834,932.83. There are 816 unpaid accounts. 72 percent of certifications are under $1,000. The amount is similar to the numbers in 2022. Ms. Holm added some delinquent properties are in Brooklyn Center but receive a portion of their utilities from Minneapolis. Staff works together with Minneapolis to navigate the homes on the border. Brooklyn Center missed this payment last year, so the cost is double. Councilmember Kragness asked if Minneapolis has higher rates than Brooklyn Center. Ms. Holm stated she is unsure about the difference in rates. 10/14/24 -10- Ms. Holm stated emergency repairs are performed to ensure sewer service is maintained at a property. Resident signs an agreement to have the cost of repairs assessed to their property tax for the next year. This cannot be challenged at a public hearing. As of October 11, 2024, there are three assessments to be included on the roll. Ms. Holm explained appellants should approach the center podium to address the Council. Appellants must provide their full name, current address, and the address of the property with the pending assessment if different than their primary residence. Additionally, appellants may state the reason they believe they should not have to pay the pending assessment costs. She requested speakers provide their contact information to Staff. Mayor Graves asked why there was a decrease in assessments during 2023. Ms. Holm stated she is unsure. Last summer was very dry and needed more watering, and the payments may have gotten backed up by 2024. Councilmember Butler asked if a previous owner would still be responsible for a payment should there be a new homeowner. Ms. Holm stated when a home is sold, the title company notifies the City who provides estimate billing for the title company to withhold. Depending on when the sale closes, it could change the amount that was withheld and those charges stay with the property. Councilmember Jerzak moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. Will M., 130 France Avenue, stated they have delinquent water charges. He explained he just got out of prison after fifteen years. He received training and certificates during his time in prison. After getting out, he believed he had a handle on everything. They have since had three kids. He lost his first job, but he is working on improving his mentality with authority. It took nine months to get another job. Once he did, he didn’t actually receive a paycheck. He still hasn’t received proper payment for his work. They have to file for bankruptcy and ultimately, they cannot afford $790 for water. Miesha M. pointed out they applied for assistance through CEAP. However, it may take up to one month to receive any benefits. Mayor Graves congratulated them on their kids and staying out of jail. She apologized for their hardship. Lisa C., 6029 Emerson Avenue North, noted she also received a delinquent water bill. There is a new utility bill assistance program, and her application should be processed in the next week or so. Her delinquent bill is $673.06, and the program covers up to $750. Mayor Graves confirmed Staff would follow up with her. 10/14/24 -11 - Tylisa R., 6800 France Avenue North, stated she has a delinquent water bill. It is in the process of being paid through North Point, so she would like the assessment to be deferred. Mustafa F., 4007 Bass Lake Road, explained he has a delinquent water bill. He was out of the country and his wife had knee surgery after he had been gone for two years visiting family and would like to appeal the charges. Councilmember Butler moved and Councilmember Jerzak seconded to close the Public Hearing. Motion passed unanimously. Mayor Graves pointed out they received letters from Rosalind Keller of 6041 Bryant and Diana Pepe of 3518 Woodbine Lane. Councilmember Kragness stated the issue with 6041 Bryant has been resolved. Mayor Graves explained the bill had been paid, but there was still a dispute regarding the late fee. Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2024-102 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Property Tax Rolls. Motion passed unanimously. Mayor Graves moved and Councilmember Jerzak seconded to adopt RESOLUTION NO. 2024- 103 Certifying Special Assessments for Emergency Private Utility Service Repairs to the Hennepin County Property Tax Rolls. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. AN ORDINANCE AMENDING SECTION 35-4103 (ALLOWED USE TABLE) OF THE CITY CODE OF ORDINANCES REGARDING PLACES FOR RELIGIOUS ASSEMBLY IN THE BUSINESS MIXED-USE (MX-B) DISTRICT - 2ND READING Dr. Edwards introduced the item and invited Zoning Administrator Ginny McIntosh to continue the Staff presentation. Zoning Administrator Ginny McIntosh explained at the September 23, 2024, City Council meeting, Staff presented a first reading of a request to amend the City’s Unified Development Ordinance (UDO) to allow for “Places for Religious Assembly” in the City’s Business Mixed-Use (B-MU) District as a conditional use. The amendment proposed by Applicant Trinity International Fellowship regarding Section 35-4103 of the City Code of Ordinances, and as outlined under Planning Commission Application No. 2024-011, would allow for Places for Religious Assembly as a conditional use within the Business Mixed-Use (MX-B) District. 10/14/24 -12- Ms. McIntosh noted following the September presentation, there was a request to table consideration of the application until the October 14, 2024 meeting. As part of the request, Council asked for additional information on “Sacred Settlements,” which was not provided to the Planning Commission at their September 12, 2024 meeting. There was also a request for Staff to clarify their recommendation for denial. Ms. McIntosh pointed out there are a number of reasons for Staff’s recommendation to deny the application. First, the applicant’s responses to the ordinance amendment were answered specifically to one property of interest rather than addressing the potential impacts of allowing the use within the greater MX-B District, which would impact 36 properties in total. Second, is the request’s non-conformity with Brooklyn Center’s 2040 Comprehensive Plan including the purpose of the B-MU land designation, which substantially aligns with the City’s MX-B District and the implementation strategies outlined to achieve the City’s employment intensity goals under Chapter 3 and economic development and competitiveness goals under Chapter 5. Ms. McIntosh added the proposal is misaligned with the purpose of the City’s MX-B District, which is intended to accommodate land for a mix of business and light industrial uses, with allowances for supporting retail or service uses that encourage a more dynamic and connected experience for workers. Ms. McIntosh pointed out any future applications for the use would need to meet all conditional use permit criteria under section 35-7700, which in part requires any conditional use to be in accordance with the general and specific objectives of the City’s 2040 Comprehensive Plan and UDO, not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood, provide adequate measures for ingress, egress, and parking so designed to minimize traffic congestion in the public streets. Ms. McIntosh stated when City Staff receives a request or application from a religious institution, they are required to refer to the land use provisions in the Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000. This protects “individuals, houses of worship, individuals holding prayer meetings in-home, religious schools, religious retreat centers, cemeteries, and faith-based social services provided by religious entity.” Ms. McIntosh noted common uses found at “Places for Religious Assembly” and often considered accessories include child daycares, afterschool programming, religious schools, religious camps, retreat centers, adult daycares, food shelves, emergency overnight shelters, faith-based social services, counseling, and offices, and community meeting space. Per Minnesota Statute Section 327.30 (Sacred Communities and Micro-Unit Dwellings), cities must now allow religious institutions the ability to site micro units on religious property to house chronically homeless individuals, extremely low-income individuals, and volunteers who elect to move into the settlement. Ms. McIntosh explained beginning on January 1, 2024, cities are required to allow micro-unit dwellings on religious institution property as a permitted or conditional use no matter the zoning 10/14/24 -13- district. “Places for Religious Assembly” are currently permitted by conditional use in the City’s R1, R2, C, and I Districts. Tiny homes of no more than 400 square feet are to be built on a permanent chassis and anchored. Residents are to be provided access to water and electric utilities by connecting micro-units to utilities or providing access via primary use and in accordance with boarding house provisions. Ms. McIntosh concluded Staff maintains the position that, based on the findings presented within the provided staff report, the requested ordinance amendment should be denied; however, if City Council elects to recommend approval of the request to amend Section 35-4103 (Allowed Use Table) to allow for Places for Religious Assembly as a conditional use in the Business Mixed-Use (MX-B) District, the motion language should be to approve the second reading and adopt the ordinance amendment. Ms. McIntosh pointed out that the Planning Commission recommended approval of the requested ordinance amendment on a 3-2 vote at their September 12, 2024 meeting. No members of the public were present, nor were any comments submitted in advance of the meeting. The applicant and representation from their architect were present. Mayor Graves asked how B-MU is different than Commercial. Ms. McIntosh noted the Commercial district is quite small with the intention of a small-use business. There was a daycare off of Shingle Creek Parkway which was C-1 district. There are a few other examples of daycares in commercial areas as they are quieter and commercial use. Mayor Graves asked what the building was in the past. Ms. McIntosh stated the 2040 Comprehensive Plan was adopted in 2019 which set things in motion. The property of interest was re-guided to B-MU. The goal is for workers to have access to amenities and services to partake in rather than being isolated. Mayor Graves asked when the zoning for the area changed. Ms. McIntosh stated the zoning changed in 2023. There used to be three separate chapters, and the 2023 change was an effort to consolidate the sections. Mayor Graves asked how the applicant’s interest fits into the timeline. Ms. McIntosh explained that the Staff’s initial conversations were after the 2040 Comprehensive Plan was adopted but before the area was zoned to B-MU. Councilmember Kragness asked if the application is denied, could the applicant apply through the “Sacred Settlement” provisions under a conditional use. Ms. McIntosh noted a pre-existing religious site may go through a conditional use process. Therefore, the “Sacred Settlement” provision isn’t applicable to the applicant. Councilmember Jerzak thanked the Staff for the additional information. He stated he doesn’t support carve-outs as they may set a precedent. He would like to follow the Staff’s recommendations. 10/14/24 -14- Mayor Graves noted her agreement with Councilmember Jerzak. However, it seems unfair that Staff began working with the applicant prior to the area being zoned B-MU. Ms. McIntosh pointed out that the Comprehensive Plan was already in place as were other guiding documents. Church of the Master is guided for specific uses as denoted in blue. Councilmember Lawrence-Anderson thanked Staff for the presentation. She asked for more information on the reasoning for the Planning Commission’s close vote. Ms. McIntosh explained some Commissioners were open to see what would happen. It is important to note that it is unlikely a property would revert back to a previous use should such an application go through. Commissioners cited concerns with the truck traffic, loading docks, the lack of sidewalks, and the like as they wouldn’t complement the proposed use. She added the Planning Commission didn’t receive information on “Sacred Settlements.” Councilmember Lawrence-Anderson pointed out Staff worked really hard on the UDO. The UDO’s intention was to decrease or eliminate one-offs and special circumstances. She asked if Ms. McIntosh had an opinion. Ms. McIntosh stated the rationale provided was primarily from Planning Staff and Community Development. The main reasoning of the recommendation was based on the proposal’s compatibility with existing uses and whether the proposal has merits of interest for parties beyond just the applicant. Ordinance amendments should not be made to benefit only one entity. Also, they wanted to consider various guiding documents to ensure consistency. The guiding documents are intended to grow jobs within the City as well as the tax base. (3:38:45) Councilmember Kragness stated she is on the fence as it is a large carve-out. She noted this is affecting 36 properties. Mayor Graves asked if there are any religious uses with conditional use permit. Ms. McIntosh explained previous Code used special permits for religious uses, but it has recently changed to conditional use permits. The great majority of existing religious institutions within Brooklyn Center reside in the R-1 District. An exception would the mosque in the I District which was approved in 2020. The main concern in an Industrial District would be traffic implications around religious service times. However, the mosque’s property is on a cul-de-sac thus mitigating the concern. Mayor Graves asked if there is a site that might work better for the proposed use. Ms. McIntosh noted there is a huge demand for sites to be used for religious gatherings. City staff maintains the position that, based on the findings presented within the provided staff report, the requested ordinance amendment should be denied; however, if City Council elects to recommend approval of the request to amend Section 35-4103 (Allowed Use Table) to allow for Places for Religious Assembly as a conditional use in the Business Mixed-Use (MX-B) District, the motion language should be to approve the second reading and adopt the ordinance amendment. Councilmember Jerzak moved and Councilmember Kragness seconded to deny the zoning text amendment proposed by Applicant Trinity International Fellowship regarding Section 35-4103 (Allowed Use Table) of the City Code of Ordinances, and as outlined under Planning Commission 10/14/24 -15- Application No. 2024-011, that would allow for Places for Religious Assembly as a conditional use within the Business Mixed-Use (MX-B) District. Motion passed unanimously. Mayor Graves stated she hopes the applicant can find another location. 10. COUNCIL CONSIDERATION ITEMS 10a. BROOKLYN CENTER CITY COUNCIL'S OFFICIAL PUBLIC COMMENT ON THE MINNESOTA DEPARTMENT OF TRANSPORTATION'S HIGHWAY 252/I- 94 OVER-UNDER ANALYSIS PREFERENCE City Manager Reggie Edwards introduced the item and invited Public Works Director Elizabeth Heyman to make the Staff presentation. Public Works Director Elizabeth Heyman explained the Minnesota Department of Transportation (MnDOT) is at a critical juncture in the public input process. MnDOT is looking to make a decision on its evaluation. Ms. Heyman pointed out that the next MnDOT meeting is October 28, 2024, which is the reason for this presentation’s timing. Ms. Heyman stated MnDOT is in Phase 1A of the Environmental Impact Statement process. Phase 1B will involve accesses and interchanges. Ms. Heyman showed an image of potential plans provided by MnDOT. The highway may be run over or under a local road. Ms. Heyman noted the analysis showed there was a trade-off, and there was no clear difference ultimately. If a highway goes over a local road, there are more noise impacts. If a highway goes under a local road, there are more property impacts due to the grading needed. Ms. Heyman stated MnDOT has engaged with community members consistently since July. Their data shows MnDOT has connected with around 2,400 people. The preference from participants was to minimize noise impacts. Ms. Heyman pointed out Phase 1A analysis doesn’t include a noise wall because the interchanges are not yet drafted. Staff has concerns about the lack of details. Ms. Heyman stated if Hwy 252 were to go over 73rd Avenue, there would be impacts on the Environmental Justice Area (EJA). Sixteen single-family homes and one multi-family home would be impacted. In the under scenario, there would be significantly more property impacts. Ms. Heyman stated the federal threshold for noise maximums is 66 decibels, referring to the green areas on the map. Hwy 252 going over the local road increases the area of homes experiencing noise impacts above the federal threshold. 10/14/24 -16- Ms. Heyman explained the same is true at 70th Avenue, but there are even more property impacts than at 73rd Avenue. If Hwy 252 were to go over 70th Avenue, 36 residential properties within the Environmental Justice Area and one residential property. 25 homes would receive substantial noise impact. In the scenario with the highway going under 70th Avenue, more properties would be impacted physically, and fewer would be impacted in terms of noise. Ms. Heyman pointed out that 66th Avenue is an outlier. If the highway were to go over 66th Avenue, there would be impacts to one residential and two non-residential properties within the EJA and four properties outside of the EJA. There would be significant noise impacts on 26 properties. If Hwy 252 were to go under 66th Avenue, more properties would be impacted physically and noise impacts would be roughly the same. Ms. Heyman noted Staff drafted a letter for the Council to submit to MnDOT. There is a request for MnDOT to use a wider definition of safety and, thus, seek out more alternatives. Ms. Heyman explained Staff’s preference is for Hwy 252 to go over 70th and 73rd Avenues. It is a difficult decision. The construction and road changes are a threat to safety, security, health, and property values. There is an option for residents to receive financial payouts in the scenario where a relocation is required. However, there is no payout for folks experiencing noise impacts. Ms. Heyman added Staff’s preference is for Hwy 252 to run under 66th Avenue because the noise impacts are similar for either option and the under option has fewer property impacts. more properties would be impacted physically and fewer would be impacted in terms of noise. Ms. Heyman stated MnDOT’s engagement efforts showed a consistent preference for Hwy 252 to run over. Ultimately, noise impacts would last for the life of the facility. Plus, the noise wall policy would require affirmative votes from impacted residents and property owners. The property owners may not have a shared perspective regarding noise walls and their impacts as the folks who live in the buildings. Ms. Heyman noted there are property tax impacts with any changes to Hwy 252. Staff recommends Council asks MnDOT for payment in lieu of lost taxes as well as zero percent cost- sharing. Under the current policy, the City would be on the hook for a percentage of the project’s cost. The amount is unclear at the current stage of the process. Ms. Heyman explained there are likely more requests Brooklyn Center will make of MnDOT as the process is early on. Also, writing a letter or making requests as suggested by Staff would not obligate the City to vote in a certain way down the line. Mayor Graves thanked Ms. Heyman for her presentation and the effort. Councilmember Kragness noted her appreciation of the approach presented by Staff. She asked if in scenario 252 is over 66th Avenue, is there only one residential property impacted. The financial impact would be $100,000. 10/14/24 -17- Ms. Heyman explained the scenario impacts one residential and two non-residential properties within the EJA. There are also four properties outside of the EJA. The numbers are from MnDOT documents, so she can’t speak to more detail. She offered to ask MnDOT how they calculated the numbers. Councilmember Kragness pointed out the tax impacts are annual, so the change on 66th Avenue alone would cost the City $100,000 per year over and over. Ms. Heyman explained that is the reasoning for the recommendation from Staff regarding an annual payment from MnDOT. Councilmember Butler asked what alternative option the City has to write a letter. Ms. Heyman stated if no letter is submitted, Brooklyn Center will not take a stance on the potential for Hwy 252 to go over or under local roads. MnDOT would then move forward with their preference. Councilmember Jerzak asked if the City Attorney had provided a legal opinion on mutual consent. Ms. Tolar confirmed she emailed Ms. Heyman regarding mutual consent. Mutual consent is an opportunity for the City to agree with or deny MnDOT’s ultimate proposal. Should the City vote against the proposal, MnDOT would have to reassess and present it again. There is an appeal process, but it isn’t a sure thing to work in the City’s favor. There isn’t a way for the Council to entirely veto the project, but there are opportunities to provide input and protest. Councilmember Jerzak expressed his support for the recommendations from Staff regarding the financial asks. However, the Resolution is premature without a complete understanding of the mutual consent process. MnDOT would likely use the Resolution to embolden their position. There doesn’t appear to be any benefit to Brooklyn Center in the construction project. MnDOT will do what it want to do in the end. It is his preference to table the item until the entire Council has a full grasp of the mutual consent process. He would prefer to stay united with the Council, but he isn’t prepared to support the Resolution. Councilmember Lawrence-Anderson pointed out that people losing their homes is heartbreaking. The tax impacts are also inconvenient. Hwy 252 is terrible. She asked if it needed to be done. Ms. Heyman stated the current step is for Council to provide input on the over or under decision. From there, MnDOT will include any input in their next presentation. After that, they will work on the interchange options and determine alternatives. MnDOT will again present to the Council all final alternatives. At that time, Council would vote on the proposal. Should the proposal be voted down, then MnDOT can make some changes and move forward. Lastly, the Council could participate in an appeal process. Councilmember Lawrence-Anderson pointed out that many people from the impacted neighborhoods were present, and she would have liked to hear their input. Councilmember Butler asked if Council could submit a letter without input on the over or under decision while maintaining their financial demands. 10/14/24 -18- Mayor Graves believes that by making financial demands the city is giving municipal consent. She feels as though the City continues reiterating their stance to no avail. Councilmember Jerzak offered to read an email into the record. At the end of the day, there doesn’t appear to be an increase in safety in the highway proposals. There was consensus from the Council to have Councilmember Jerzak read the email from the Task Force. Councilmember Jerzak read the email aloud. It made a number of points such as the Council is lacking relevant information. The intersection at 66th Avenue is the most dangerous one, and MnDOT’s preference for over or under and the subsequent interchange makes it even more dangerous. There are also a number of health impacts for Hwy 252 to go over local roads. Approving the choice for going over local roads is a tactful way to ensure an interchange preferred by MnDOT. More information needs to be provided to the Council and for the Council to scrutinize said information prior to making any input. Mayor Graves agreed MnDOT is trying to make the Council weigh in on things that supposedly haven’t yet been decided. They don’t have enough information to make an informed decision. For example, they don’t know about air quality impacts. The Council must decide to participate in a flawed process or not. Councilmember Lawrence-Anderson stated Brooklyn Center is being bullied. Councilmember Jerzak suggested the City tell MnDOT they don’t have input on the over or under, but they do have strong feelings on the need to consider alternative options. There doesn’t appear to be a good reason to prematurely commit. Mayor Graves stated whether they send a letter or not, they are taking a stance. Councilmember Kragness agreed there isn’t enough information to make an informed decision. Councilmember Jerzak moved to table a resolution declaring the Brooklyn Center City Council’s official public comment on the Minnesota Department of Transportation’s Highway 252/I-94 Over/Under analysis preference. Councilmember Jerzak retracted his motion. Councilmember Jerzak moved and Councilmember Kragness seconded to allow Council to further consider the options and allow Staff to gather more information. Dr. Edwards requested a point of order to clarify the motion in order to ask questions. Ms. Tolar stated the motion may need to be withdrawn or amended. Dr. Edwards asked what information Staff needed to gather for Council. 10/14/24 -19- Mayor Graves stated Council would like information on whether the timing is appropriate to make demands of MnDOT. Ms. Heyman stated she believes it is the right time. Councilmember Jerzak asked why it was the right time. Ms. Heyman stated the two financial demands are outside of the norm for such projects. Asking MnDOT sooner will allow them more time to consider how to incorporate and allow for the financial requests. If the request is made later on, it might not be taken as seriously. Councilmember Butler noted the Council needs to submit a letter with financial demands to MnDOT. There doesn’t seem to be a consensus to support any input regarding the over or under. Councilmember Kragness noted her agreement with Ms. Heyman’s perspective on the timing to make aggressive demands. There needs to be time for negotiation. As for the issue of over or under for the highway, Council doesn’t have enough information to make a decision. Councilmember Jerzak stated there isn’t a precedent for such demands. MnDOT may take a while to respond to the City. Ultimately, he can only vote with his conscience. Mayor Graves asked if a unanimous vote is needed for the letter. Ms. Tolar stated only a majority is needed to pass a resolution. Councilmember Jerzak explained a split vote may be used against the City to show a lack of union. If there is only a financial request in the letter, the Council has a stronger chance if they show a united front. Councilmember Kragness asked if the financial demands could be included in the letter and to request the payout perspective in one of the proposed options. Ms. Heyman stated the Council can include whatever they want. She is unsure how MnDOT will respond. Dr. Edwards stated Staff needs direction from the Council. Mayor Graves stated it is the only thing they can agree on as of right now. Councilmember Jerzak withdrew his motion. Mayor Graves moved and Councilmember Lawrence-Anderson seconded to direct Staff to draft a resolution declaring the Brooklyn Center City Council’s official public comment on the Minnesota Department of Transportation’s Highway 252/I-94 and removing the Over/Under analysis preference. Motion passed unanimously. Dr. Edwards asked if the motion permission for Council to execute since Staff won’t have time to 10/14/24 -20- bring a draft back to the Council before the next Policy Advisory Committee meeting. Ms. Heyman stated Council can share their consensus at the Committee meeting. 11. COUNCIL REPORT This item was not addressed. 12. ADJOURNMENT Mayor Graves moved and Councilmember Kragness seconded adjournment of the City Council meeting at 9:18 p.m. Motion passed unanimously.