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HomeMy WebLinkAbout2019 05-28 CCM Regular SessionMINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 28, 2019 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Mike Elliott at 6:45 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, and Dan Ryan. Councilmember Kris Lawrence -Anderson was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Fiscal & Support Services Nate Reinhardt, Director of Public Works Doran Cote, Business and Work Force Development Coordinator Brett Angell, Police Chief Tim Gannon, Housing and Code Enforcement Inspector Joe Hartmann, City Attorney Troy Gilchrist, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Mayor Mike Elliott opened the meeting for Informal Open Forum. Paula Champagne, 6436 Kyle Avenue N, expressed her opposition to the proposal for development from Real Estate Equities. She added there is already affordable housing in Brooklyn Center. She noted the location would be a good place for a pet store. Carol Kleven, 5835 Zenith Avenue N, stated the proposed development would not have enough parking. She expressed concern that the combination of workforce housing and senior living will not mix well together. She added there would be a lot of children living in the development, and she is concerned for their safety. Mayor Elliott stated Ms. Kleven is a former Brooklyn Center City Councilmember. He thanked her for her years of service and dedication. John Solomon, 6819 Emerson Avenue, stated he is excited about businesses opening in Brooklyn Center. He urged the City Council to be vigilant in their assessment. He added he feels there has been some negligence on the part of local businesses, who do not keep their property clean and are not well run. He expressed concern about the placement of gas stations in areas near rental properties and transit. He noted he appreciates all the efforts of the City Council and City Staff in creating opportunities to make the City great. 05/28/19 -1- Ben Dossman, 6007 Girard Avenue No., stated he had owned this rental property in Brooklyn Center for 15 years, and recently lost communication with the City after moving offices. He added he had incurred fines up to $1,700. He noted his final inspection is Thursday, May 30, 2019. He requested consideration of assistance from the City with the high fee. Mr. Boganey requested that Mr. Dossman contact the City's Community Development Department to obtain assistance with the appropriate appeal procedure. Diane Sannes, 7006 Willow Lane, stated the C Line would open on Saturday, June 8, 2019. She added three Brooklyn Center students entered and won a "Name a Bus" contest. She noted a crew worked to clean up the Transit Station on Saturday, May 25, 2019. City Manager Boganey stated information would be available soon on "Becoming Brooklyn Center." Councilmember Graves moved, and Councilmember Butler seconded to close the Informal Open Forum at 7:11 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan gave an Invocation in commemoration of Memorial Day. He read from a poem, "In Flanders Fields," written in 1915 by World War I soldier and Canadian author John McCrae. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott at 7:11 p.m. 4. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, and Dan Ryan. Councilmember Kris Lawrence -Anderson was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Fiscal & Support Services Nate Reinhardt, Director of Public Works Doran Cote, Business and Work Force Development Coordinator Brett Angell, Police Chief Tim Gannon, Housing and Code Enforcement Inspector Joe Hartmann, City Attorney Troy Gilchrist, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 05/28/19 -2- 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Graves moved, and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, to remove Item 6g, Resolution No. 2019-079 Approving Americans with Disabilities Act (ADA) Transition Plan — Public Right -of -Way, for consideration as Item 10a, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. May 13, 2019 — Study Session 2. May 13, 2019 — Regular Session 3. May 13, 2019 — Work Session 6b. LICENSES AMUSEMENT DEVICES LICENSES Theisen Vending Company 2590 Freeway Boulevard Brooklyn Center, MN Theisen Vending Company 6211 Brooklyn Boulevard Brooklyn Center, MN Theisen Vending Company 2105 57th Avenue N Brooklyn Center, MN FIREWORKS PERMIT City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN MECHANICAL LICENSES Air Rite Heating & A/C 6935 146' Street W #3 Apple Valley, MN 55124 Boy's Mechanical Inc. 490 Villaume Avenue #300 South St. Paul, MN 55075 Candor Companies 8919 176th Avenue NE Columbus, MN 55025 Linn Star Transfer Inc. 9440 Wright Bros. Ct. SW Cedar Rapids, IA 52404 Mag Mechanical, LLC 7100 Medicine Lake Road New Hope, MN 55427 Professional Mechanical Services LLC 18983 York Street, New Suite C Elk River, MN 5533 Ray Welter Heating Co. 4637 Chicago Avenue S Minneapolis, MN 55407 Vito Mechanical Inc. 1320 Tower View Road Eagan, MN 55121 Weld & Sons Plumbing Co. 3410 Kilmer Lane N Plymouth, MN 55441 05/28/19 -3- RENTAL INITIAL ('TYPE IV —six-month license) 4000 61St Avenue N RENEWAL (TYPE III — one-year license) 3328 49th Avenue N 3307 63r Avenue N 6618 Camden Drive 5524 Logan Avenue N 6807 Quail Avenue N RENEWAL (TYPE I — three-year license) 4112 61St Avenue N 1612 69" Avenue N 7208 Dallas Road 6816 Fremont Place N 6418 Major Avenue N Adegbola Fola Ogundipe Sherman Yih Feng Kho Rosemond Coleman Hussain Khan Avalon Home Investment LLC Paul Pham Christine Duong Prosperous Property LLC Neng Xi Zhang Ali Saijad / 786 Homes LLC (Met Action Plan) Jessica & Vernantius Summers 6c. ORDINANCE NO. 2019-02 AMENDING ORDINANCE NO. 2003-22, EXHIBIT A; XCEL ENERGY ELECTRIC FRANCHISE FEE FROM XCEL ENERGY 6d. ORDINANCE NO. 2019-03 AMENDING ORDINANCE NO. 2003-23, EXHIBIT A CENTERPOINT ENERGY OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER FROM CENTERPOINT ENERGY 6e. RESOLUTION NO. 2019-077 AUTHORIZING THE SUBMISSION OF A TRANSIT -ORIENTED DEVELOPMENT GRANT APPLICATION TO HENNEPIN COUNTY 6f. RESOLUTION NO. 2019-078 AUTHORIZING THE USE OF EDA - OWNED PROPERTY FOR THE SATURDAY MARKET AND APPROVING THE LAYOUT PLAN FOR THE MARKET 6g. RESOLUTION NO. 2019 APPROVING AMERICANS WITH DISABILITIES ACT (ADA) TRANSITION PLAN — PUBLIC RIGHT-OF- WAY (This item was considered as Agenda Item 10a) 6h. POLICY 2.06 REQUEST FOR OUT OF STATE CONFERENCE APPROVAL Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 05/28/19 -4- 7a. CENSUS 2020 UPDATE Deputy City Manager Reggie Edwards gave a brief presentation on the "Complete Count" Committee, a partnership between Brooklyn Park and Brooklyn Center to prepare for the 2020 Census. He added the Committee hopes to engage residents of both cities to participate in the 2020 Census, which is a Constitutional mandate. He noted the Census determines federal funding, political representation by district, and community empowerment and accountability. Mr. Edwards stated the Complete Count Committee hopes to communicate its message to the public regarding the importance of being counted. He added 2020 Census day is April 1, 2020. He noted meetings are scheduled for summer 2019 to come up with action plans and strategies. Mayor Elliott asked how residents can get involved in the 2020 Census. Mr. Edwards stated City Staff would be distributing information about hiring opportunities for residents who want to be Census workers. Councilmember Ryan moved, and Councilmember Graves seconded to receive the Census 2020 Update. Motion passed unanimously. 8. PUBLIC HEARINGS None. 9. PLANNING COMMISSION ITEMS 9a. RESOLUTION NO. 2019-080 REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2019-007 FOR REVIEW AND CONSIDERATION OF A SITE AND BUILDING PLAN APPROVAL AT 1350 SHINGLE CREEK CROSSING Housing and Code Enforcement Inspector Joe Hartman reviewed a request for review and consideration of a site and building plan for construction of a new municipal liquor store. The current Liquor Store #1 is located at 5625 Xerxes Avenue and would relocate to 1350 Shingle Creek Crossing. The City Council approved a purchase agreement for the property at a recent work session. The development would include a 9,650 square foot liquor store with 4,000 additional square feet for lease to another tenant for possible future expansion. The development, as proposed, is consistent with the Planned Unit Development (PUD). The Planning Commission reviewed the request and unanimously recommended City Council approval on Thursday, May 16, 2019. City Staff recommends City Council approval of site and building plan review for a municipal liquor store at 1350 Shingle Creek Parkway. 05/28/19 -5- Councilmember Ryan stated he is in favor of the relocation of Liquor Store #1 to 1350 Shingle Creek Parkway. He added it is a good idea overall, and a good deal for the City. He noted the current lease is running out, and leases tend to go up. Councilmember Graves stated she is also in favor of moving forward with the application. Councilmember Butler stated she is not in favor of having a liquor store at this location as it will contribute to the deterioration of the neighborhood. She added the amount of traffic congestion makes it unsafe for pedestrians and customers. She added, however, she will support the motion as the City Council expressed a consensus in moving forward with the development at its recent work session. Mayor Elliott stated he has reservations about putting a liquor store in this area, so close to the transit center. He added he had seen trash in and around the transit center, including liquor bottles. He noted police calls are higher in areas where a transit center and liquor store are close to each other. Mayor Elliott stated one of the City Council's goals is a safe, secure and stable community. He added he believes this is not an ideal location for a liquor store. He noted there are many problems in this area already and moving the liquor store there will further exacerbate these problems. Councilmember Ryan stated the new liquor store would be farther from the transit hub than the current liquor store. He added he agrees there is a lot of garbage in the area, but that is an issue to address regardless of where the liquor store is built. He noted the City's municipal liquor stores gives a measure of control over liquor operations and allows the City to have fewer liquor stores. He expressed his belief that putting the liquor store in this location will not contribute to declining issues. Councilmember Butler asked whether Liquor Store #1 will be able to extend its lease if the proposal does not pass. Mr. Boganey stated the lease could be extended, but probably at an increased price. He added the City has already purchased the land and would need to dispose of it. He noted it would not be possible to purchase a new site as the funds are tied up in the site that has already been purchased. Mayor Elliott stated he is concerned about public safety issues and is unable to support the Resolution. Councilmember Ryan stated the advantages to this site have been well explained, and the purchase agreement was already approved. He added the City Council should move forward with the current course as it would be difficult and problematic to abandon the development plan. 05/28/19 -6- Councilmember Graves stated the site is secure and safety is not an issue. She added the store is out in the open and will be well -lit, faces the street, and is not hidden behind other structures. She added revenue would probably increase at the new location. Councilmember Graves expressed her hope that the additional 4,000 square foot space could be used for programs that promote and support small businesses within Brooklyn Center. She added this had been discussed by the City Council. City Attorney Troy Gilchrist stated the purchase agreement had been finalized and the close date is May 29, 2019. Councilmember Ryan moved, and Councilmember Graves seconded to adopt RESOLUTION NO. 2019-080 Regarding Disposition of Planning Commission Application No. 2019-007 for Review and Consideration of a Site and Building Plan Approval at 1350 Shingle Creek Crossing. Mayor Elliott voted against the same. Motion passed. Councilmember Butler reiterated that her vote in favor of the development is based on majority support expressed by the City Council. She added she supports funding for the City's parks. 9b. RESOLUTION NO. 2019-081 REGARDING PLANNING COMMISSION APPLICATION NO. 2019-006 FOR A DEVELOPMENT PROPOSAL AT 5801 XERXES AVENUE N. AND FIRST READING OF AN ORDINANCE AMENDING CHAPTER 35 OF THE ZONING CODE OF ORDINANCE REGARDING THE ZONING CLASSIFICATION OF 5801 XERXES AVENUE N. AND SET THE SECOND READING AND PUBLIC HEARING FOR JUNE 10, 2019. Mr. Boganey introduced Jane Kanzier, Senior Planner with Bolton & Menk, working with City Staff while City Planner Ginny McIntosh is on leave. Ms. Kanzier reviewed a proposed zoning amendment and PUD application from Real Estate Equities (REE) for a residential development at 5801 Xerxes Avenue. The property requires a zoning amendment as its location is in the Central Commerce Overlay District, which does not allow residential use. The developer is requesting a PUD to allow flexibility to develop the site with 270 units in 2 buildings. Ms. Kanzier stated City Staff recommends City Council approval of a Resolution approving the PUD application, and a motion to approve the first reading of an Ordinance amending Zoning Code Chapter 35related to zoning classification. 05/28/19 -7- Alex Bisanz, representing REE, gave an overview of his company and presented depictions of the proposed site plan. He added REE are long-term owners and managers with several similar communities throughout the Twin Cities. He noted market research indicates high demand for this type of housing as there is a notable shortfall of affordable housing units. Mr. Bisanz stated the development would have outdoor amenities, including a tot lot, grilling area, and dog run to create a sense of community. He added this area will be elevated above pavement level and will have a 4 -foot safety fence. He noted there would be a full-time on-site management team, and an on-site security guard is being considered, along with the potential for fencing. Councilmember stated Mr. Bisanz has met with Brooklyn Center Police Chief Tim Gannon. She asked whether there are concerns regarding safety for the residents of the proposed development. Mr. Bisanz stated safety is always a factor in any community. He stressed the importance of security cameras, hiring excellent staff, and other security measures. He added Police Chief Gannon supports the idea of a full-time security guard, so that has become a priority component. Councilmember Graves asked whether REE might be willing to host community events to include residents who may not use the outdoor amenities regularly. Mr. Bisanz confirmed this, adding REE has hosted similar events at some of their larger properties, for the company and residents. Councilmember Ryan asked whether REE has compared their rent projections with rates at other rental properties in Brooklyn Center, as they do not look any lower. Mr. Bisanz stated this development would be workforce affordable, but it would be extremely difficult to complete the project without subsidy. Councilmember Butler expressed concern about the amount and speed of traffic at the intersection of Xerxes Avenue N and Bass Lake Road. She added the building frontage is very close to the road. She asked what will be done to mitigate traffic noise in the apartments REE Architect Patrick Olson stated a higher standard window is used in green communities with an increased thermal standard and reduced air penetration. He added this also addresses acoustics. Councilmember Butler stated she is concerned that the nearest park is Northport park, and families will have to cross Bass Lake Road. She added she understands there is a need for this type of housing, but the location makes her uneasy. Mayor Elliott opened the public hearing at 8:55 p.m. 05/28/19 -8- Carol Kleven, 5835 Zenith Avenue N, stated there is a lot of traffic, both cars, and buses, on Bass Lake Road. She added the buildings as proposed will be beautiful. She noted the traffic in this area is bad, and it will get even worse. She believes the old Brookdale Ford site would be more appropriate for this development. Judy Thorbus, 6265 Brooklyn Drive, stated she believes there are too many residents for the amount of space proposed in this development. She added there would be too many children at this location. She noted she does not believe parking allocations will be sufficient. She asked how the project would be financed. She asked whether the developer can legally sell the property and whether the City has recourse if the developer changes or sells the property. Ms. Thorbus stated she is not against the development, but she feels it is too big for the location. She noted she would prefer garden -style townhomes for sale. Harlan Daud, 6000 York Avenue, stated he is opposed to the development. He added a tall apartment building with lots of children will cause traffic safety concerns. He noted he lives at 60th Avenue N and York Avenue, which is a cut -through from Brooklyn Boulevard to Xerxes Avenue. Paula Champagne, 6436 Kyle Avenue N, stated the traffic congestion is bad, and children who want to cross the street will not go to the crosswalk, and there will be an accident. She added the development should have only one access point for cars and pedestrians. She noted the logical place for this development is the Drug Emporium site. Ms. Champagne asked whether there is a limit on the number of children that can live in an apartment. Mr. Olson stated the standard based on the number of bedrooms is two occupants per bedroom. Ms. Champagne stated she agrees with Ms. Kleven that the most logical place for this development is the Brookdale Ford site. She stated the traffic study should not have been done in February. Mayor Elliott closed the public hearing. Mr. Olson stated the site is ideal because of its proximity to transit and amenities. He added it is within the transit -oriented overlay site, which is becoming a popular zoning type in the Twin Cities and encourages high-density developments close to transportation. Mr. Olson stated there is another apartment complex on Bass Lake Road that has not had any problems with pedestrians crossing the road Mr. Olson stated the development would have 325 parking stalls, which exceed requirements. He added the surrounding infrastructure would not need to be changed or upgraded because of 05/28/19 -9- this development, and an increase in traffic will not be significant. He noted the traffic study surveyed the amount of traffic generated by the property and estimated traffic demand, which is not affected by the weather. Mr. Olson stated the Northdale Ford site was considered, but that intersection has higher traffic congestion than what is typical at the proposed location. Councilmember Ryan stated this neighborhood has historically had a variety of amenities and businesses for many years, including Jerry's Foods and Dayton's Home Store, and Brookdale Shopping Center was still in operation. He added any development would increase traffic somewhat, but families and individuals can make a choice for themselves about whether they want to live there. Mayor Elliott stated there are aspects of the development that he likes. He added he is concerned about traffic safety and pedestrians crossing the road. He added the City needs both senior living and workforce housing, and he likes the combination of the two into one development. He noted he likes the green aspects that have been added such as green building standards and potential solar panels. Mr. Olson stated it is a highly commercial area, which is a benefit to the project. He added the building itself provides its buffer against the busy roadway. Councilmember Graves stated she lives on Brooklyn Boulevard, and her family walks to Centennial Park. She added that it would be the most accessible park for families in this development. Councilmember Graves asked whether the developer reviewed the Planning Commission's recommendations. Mr. Bisanz stated a number of the Commission's ideas had been integrated into the plans, including the herb garden and grill area, and a full-time security employee. Councilmember Graves moved, and Councilmember Ryan seconded to adopt RESOLUTION NO. 2019-081 Regarding Planning Commission Application No. 2019-006 for a Planned Unit Development (PUD) with zoning classification of PUD-TOD and development site plan for a proposed development at 5801 Xerxes Avenue N, based on the findings of fact and submitted plans, as amended by the conditions of approval in the resolution. Motion passed unanimously. Councilmember Ryan stated he supports the development proposal, which is consistent with the goals and objectives of the Comprehensive Plan. The development will add to the local economy with a projected $5.3 annual consumer spending. He added a mix of commercial and residential uses is already being planned for the Brookdale Ford site, including potential for a main street district. 05/28/19 -10- Councilmember Butler thanked the developers for incorporating the City Council's ideas and implementing feedback from the Planning Commission. She added it would be a beautiful building. Mayor Elliott stated he too appreciates that the developers listened to the comments made by the City Council and Planning Commission. He added he is supportive of the senior living and workforce housing units that the developer will bring to the community. He added it is a tight space for so many people, especially so close to commercial areas and busy roadways. He noted he feels that there are still some concerns that need to be addressed. Councilmember Graves moved, and Councilmember Ryan seconded to approve the First Reading of ORDINANCE 2019-04 amending Chapter 35 of the Zoning Code of Ordinances Regarding the Zoning Classification of 5801 Xerxes Avenue North and Set the Second Reading and Public Hearing for June 10, 2019. Mayor Elliott voted against the same. Motion passed. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2019-079 APPROVING AMERICANS WITH DISABILITIES ACT (ADA) TRANSITION PLAN — PUBLIC RIGHT-OF-WAY Director of Public Works Doran Cote gave a presentation on the City's Americans with Disabilities Act (ADA) compliance transition plan. He added City Staff intends to upgrade public rights of way to ADA standards as part of the 15 -year Capital Improvement Plan. He noted routine maintenance would allow Public Works to address some sidewalk compliance issues and incorporate accessibility guidelines. Mayor Elliott requested clarification regarding participation in recent public workshops. Mr. Cotes stated there had been low turn -out despite City Staff's best efforts. He added notice was published in the City newsletter, advocacy groups and state agencies were contacted for feedback, and meeting information was posted on the City website and cable tv channel. Mayor Elliott stated disabled people are some of the most vulnerable members of our community. He expressed his desire to be intentional about the ADA transition plan. He asked City Staff whether they believe it is adequate. Mr. Cotes confirmed this. Mayor Elliott asked whether there should be a formal process for members of the community to become involved in the discussion, so we can take into consideration how they are impacted. Councilmember Ryan moved, and Councilmember Butler seconded to adopt RESOLUTION NO. 2019-079 Approving Americans With Disabilities Act (ADA) Transition Plan — Public Right -Of -Way. 05/28/19 -11- Motion passed unanimously. 11. COUNCIL REPORT Councilmembers Ryan and Butler and Mayor Elliott agreed to forego their reports in the interests of time. Commissioner Graves stated she would be participating in the Women's Leadership Institute as a Faculty -In -Residence Mentor. She added the program, to be held May 29 — June 2, 2019, in North Dakota, inspires women from under -represented and marginalized communities to take on leadership roles. 12. ADJOURNMENT Councilmember Graves moved, and Councilmember Ryan seconded adjournment of the City Council meeting at 10:05 p.m. Motion passed unanimously. 05/28/19 -12- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the City Council of the City of Brooklyn Center held on May 13, 2019. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its May 28, 2019, Regular Session. W& Lll)�� - Barbara Suciu, City Clerk 05/28/19 -13- - ' Mike Elliott, Mayor