HomeMy WebLinkAbout2019 06-24 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
JUNE 24, 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.
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Mayor Mike Elliott and Councilmembers, April Graves, Kris Lawrence -Anderson, and Dan
Ryan. Councilmember Marquita Butler was absent and excused. Also present were City
Manager Curt Boganey, Community Development Director Meg Beekman, Interim Associate
Planner Joe Hartmann, Police Chief Tim Gannon, and City Attorney Troy Gilchrist.
Mayor Mike Elliott opened the meeting for Informal Open Forum.
Harlan Daudt, 6000 York Avenue N, asked whether spending $3 million on a new liquor store is
money well -spent, with all the open storefronts in Brooklyn Center. He added he understands all
the profits will go to the City's parks. He noted the proposed location is not a good place for a
liquor store.
Mr. Daudt stated residents of Brooklyn Center do not want another apartment complex. He
added the City Council should ask neighbors if they want a new apartment building and have a
referendum. He noted the City Council should serve the City's residents who already live here
and pay taxes.
Councilmember Ryan moved, and Councilmember Graves seconded to close the Informal Open
Forum at 6:55 p.m.
Motion passed unanimously.
2. INVOCATION
Mayor Elliot read a quote from the Netherlands on citizen participation as the Invocation:
"Citizens and governments are devising new ways of relating to each other and working together
in what is often called a "duocracy." Local governments are starting to support this form of
democratic collaboration."
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3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott
at 7:00 p.m.
4. ROLL CALL
Mayor Mike Elliott and Councilmembers, April Graves, Kris Lawrence -Anderson, and Dan
Ryan. Councilmember Marquita Butler was absent and excused. Also present were City
Manager Curt Boganey, Community Development Director Meg Beekman, Interim Associate
Planner Joe Hartmann, Police Chief Tim Gannon, and City Attorney Troy Gilchrist.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Ryan moved, and Councilmember Graves seconded to approve the Agenda and
Consent Agenda, as amended, with an amendment to the Work Session minutes of June 10,
2019, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. June 3, 2019 — City Council/Financial Commission Meeting
2. June 10, 2019 — Study Session
3. June 10, 2019 — Regular Session
4. June 10, 2019 — Work Session
6b. LICENSES
AMUSEMENT DEVICES LICENSES
Mendota Valley Amusement Inc. 390 Richmond Street E.
6110 Brooklyn Boulevard South St. Paul MN 55075
Mendota Valley Amusement Inc. 390 Richmond Street E
6845 Shingle Creek Parkway South St. Paul, MN 55075
GARBAGE HAULERS
Darling Ingredients, Inc.
Walters Recycling & Refuse
MECHANICAL
A&M Heating & Air Conditioning LLC
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9000382 nd Avenue
Blue Earth MN 56013
2830 101' Avenue NE
Blaine MN 55449
22280 Tippecanoe St. NE
East Bethel MN 55011
All Appliance Installation Plus
Binder Heating & Air Conditioning Inc.
Flare Heating & Air Conditioning
Lennox National Account Services
Liberty Comfort Systems
PO Box 166
Cambridge MN 55008
222 Hardman Avenue N
South St. Paul, MN 55075
9303 Plymouth Avenue N Suite 104
Golden Valley MN 55427
7150 Boone Avenue Suite 180B
Brooklyn Park, MN 55428
627 East River Road
Anoka, MN 55303
Majestic Custom Heating & Air Conditioning 8800 Royal Court NW
Ramsey MN 55303
Otsego Heating & Air Conditioning 11 1St Street NW
SIGN HANGER LICENSES
SML Sign Maintenance Lighting
TRANSIENT ACCOMMODATIONS
Best Western Plus
RENTAL
INITIAL (TYPE IV — one-year license)
7025 Logan Avenue N
INIT)AL (TYPE II— two-year license)
3501 63rd Avenue N
INITJAL (TYPE I — three-year license)
5328-5530 Queen Avenue N
RENEWAL (TYPE IV— one-year license)
2006 55th Avenue N
Osseo MN 55369
700 Tower Drive
Medina MN 55340
2050 Freeway Boulevard
Brooklyn Center MN 55430
Fatou Jallow/Summit Properties LLC
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Mai Her
Mathias Bingaman
RENEWAL (TYPE III — one-year license)
5601 Lyndale Avenue N
Riverwalk II Brett Hildreth/
7231 Oliver Avenue N
RENEWAL (TYPE II — two year license)
7030 Regent Avenue N
RENEWAL (TYPE I — three-year license)
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Dragon Property Management
Kathleen Kane
Douglas Wahl/Cel Monton
4207 Lakeside Avenue #123 Donna Kabanuk
4207 Lakeside Avenue #140 Joseph Drechsler (met action plan)
4207 Lakeside Avenue #236 Judith Spanberger/MSP Home Rental
6124 Lee Avenue N Jennifer Kuria
5306 Russell Avenue N Donna Reinarz
6e. RESOLUTION NO. 2019-085 ACCEPTING BID AND AWARDING
CONTRACT FOR THE CONSTRUCTION OF A MUNICIPAL LIQUOR
STORE
6d. RESOLUTION NO. 2019-086 ACCEPTING BID AND AWARDING A
CONTRACT, IMPROVEMENT PROJECT NOS. 2018-08 AND 2019-05,
BELLVUE AND SOUTHEAST AREA MILL AND OVERLAY
IMPROVEMENTS
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
-None.
8. PUBLIC HEARINGS
8a. RESOLUTION NO. 2019-087 REGARDING DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 2019-008 FOR APPROVAL OF A
PRELIMINARY AND FINAL PLAT AND PLANNED UNIT DEVELOPMENT
FOR EASTBROOK ESTATES SECOND ADDITION
Interim Associate Planner Joe Hartmann reviewed an application for a Planned Unit
Development and preliminary and final plat for Eastbrook Estates 2nd Addition, a vacated and
un -platted property that is proposed for development.
Mr. Hartmann stated Centra Homes' site plan was chosen by the City Council, and they have
provided proposed site design for City Council approval. He added the first four homes would
be built on 69th Avenue, with the remaining 26 homes to be built later along with the completion
of a road extension. He noted the applicant is proposing narrow lots but no negative impacts.
Mr. Hartmann stated the City does not have architectural standards for residential homes, but an
architectural committee for the subdivision would review the site plans. He added the developer
intends to plant 90 new trees throughout the subdivision. He noted infrastructure will be
completed as part of the project and turned over to the City upon its completion.
Mr. Hartmann stated the Planning Commission recommended approval of this request at their
June 13, 2019 meeting. He added City Staff recommends approval of this request and the first
reading of an Ordinance change related to this zoning designation.
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Councilmember Lawrence -Anderson expressed concern that most of the proposed homes would
not have basements.
Mr. Boganey stated a public hearing would be held at tonight's meeting on the PUD, and the
second action is required to consider approval of the Ordinance amendment and to second public
hearing.
Councilmember Ryan moved, and Councilmember Lawrence -Anderson seconded to open the
Public Hearing at 7:24 p.m.
Motion passed unanimously.
Walt Wenholz, 501 69th Avenue N, stated, about the feasibility of building homes without a
basement, there is a new development in Fridley of 26 homes that have been constructed on slab
foundations, and they have completely sold out. He added there is a market for homes with no
basement.
Dorothea Harris, 6713 Aldrich Avenue N, asked whether her property taxes will go up because
of this new residential development. She asked what the price of these homes will be, and
whether they will have association fees. She expressed concern about power outages in the area.
She asked whether the developer has a plan to relocate the deer and other animals currently
living on the property.
Chereen Nordstrud, 6720 5'�' Street N, expressed concern about what construction traffic will do
to the neighborhood. She added new curb and gutter were just installed. She asked whether
construction traffic will be on 5th Street or 69t` Avenue.
Bob Peterson, 6737 5th Street N, asked how long construction will take. He expressed concern
regarding what years of construction will do to their neighborhood community.
Shirley Peterson, 6737 5'h Street N, requested clarification about how many houses will go on 5t`
Street. Mr. Hartmann stated four homes are proposed for 5th Street N.
Brett Eldrich, 8816 Riverview Lane, Brooklyn Park, stated he is a real estate agent in the area.
He added there is a great demand for these types of homes in Brooklyn Center, as many renters
who want to move up to a bigger home decide to stay in Brooklyn Center. He expressed the
importance of competing with other communities in terms of housing.
Brett Elias, 701 69th Avenue N, stated the two lots next to his property, lots 11 and 12, are 5-6
feet higher in elevation than his property. He added the lots are not big enough for two homes.
He expressed concern at the lack of privacy. He asked whether a sound wall will be installed to
reduce noise from Highway 252 since so many trees will be removed. He requested that heavy
truck traffic be monitored to record any damage to the new roads in the area.
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Mr. Tate Baxter, representing Centra Homes, stated the homes would have different elevations
so they will not look the same. He added four homes on 69th Avenue would be multi-level
homes with 3 -car garages. He noted the remaining 26 lots are planned for the slab, and they be
3 -bedroom homes with the option for a 4b bedroom.
Mr. Baxter stated the proposed stormwater basins are generally taken over by the City for
maintenance and included in the covenants. He added the developer is willing to work with the
City on this issue.
Mr. Baxter stated the infiltration basin would be 60-70 feet wide, and north of the development
property line. He added there would be 100 feet between the two homes, and trees will be
planted to screen the area. He noted construction would take 2-2.5 years.
Mr. Baxter stated the home prices would be in the range of $300,000-350,000, and the value of
the new homes will have a positive effect on the values of surrounding properties. He added it is
not anticipated that the development will cause an increase in the property taxes of surrounding
properties. He noted power outages are not anticipated, as new utilities will be installed for the
subdivision.
Mr. Baxter stated he understands the residents' concerns regarding wildlife and animals, but they
generally move on once construction starts. He added he would welcome suggestions about
solutions for preserving wildlife.
Mr. Baxter stated construction access would be north on 5th Street connecting to the cul-de-sac at
Aldrich Avenue on the project's west side. He added it would be a construction zone for the
duration of construction, but heavy machinery is planned to be brought in on 69th Avenue, as far
to the east as possible to stay out of the main neighborhood.
Mr. Baxter stated the homes would be on slabs without basements, as the water table would
require that the elevation of the development would need to be raised. He added it comes down
to the economics of the site and keeping the homes in an affordable price range.
Councilmember Graves stated she was concerned about the lack of basements, but she visited
other homes completed by the developer and gained more information and perspective about the
market. She added she thinks it is a good idea to have a few homes with basements.
Councilmember Graves asked where the developer will start building in order to comply with
using existing utilities. The applicant stated a model home on Camden Avenue, and six
foundations are planned to be completed this year. He added the model and home, and first
foundations will be within 300 feet of the hydrant.
Councilmember Lawrence -Anderson asked whether the developer's contract can include a clause
that any repairs to roads would be the responsibility of the developer. She asked whether
inspectors could check load limits and watch for damage.
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Councilmember Ryan stated the construction management plan could include conditions for
dealing with traffic and road conditions and can include an escrow deposit for damage.
Councilmember Ryan stated Highway 252 is a State highway, and any comments regarding a
sound wall should be directed to the Minnesota Department of Transportation (MnDOT). He
added improvements to Highway 252 are planned, and public meetings regarding that project
would be a good place to bring up the subject of a sound wall. He encouraged residents to attend
these meetings.
City Attorney Gilchrist stated the security amount for possible damage would be 125% of the
entire project. He added the agreement could be written so that the security amount can be
accessed to fix any damage due to construction.
William Benner, 6736 Camden Avenue, asked whether the property will be cleared of all trees
before starting construction. The applicant confirmed this.
Mr. Benner stated the homes would have many cars per house, because of the prices of the
homes. He added he had been a forester for the City of Brooklyn Center for 38 years, and he
does not agree with the development.
Councilmember Graves stated she asked about tree removal earlier in the process, and the City
Council was told that trees would not be cut down if it was not necessary. The applicant stated
they do not intend to save any trees at this point, as it is unclear how stormwater pipes will be
installed to meet watershed requirements. He added they intend to plant 90 new trees or 3 trees
per lot. He noted the trees would be a combination of 2-2-1/2" caliper decorative and overstory
trees, as well as 6 -foot tall conifers.
An audience member asked how much the developer paid for the land, compared to what the
City paid for it.
The applicant stated he understood the City paid $250,000 for the land, and Coalition
Development had a proposed purchase price of $250,000 which was reduced to $115,000 due to
necessary stormwater mitigation that reduced the number of homes that could be built.
The audience member expressed frustration at paying for the development from taxpayer's
money.
Mr. Boganey stated the property was vacant, and the City and the EDA wanted to acquire it for
development purposes. He added the EDA would lose any control over the development of the
property if they did not acquire the property. He noted the development would ensure that rather
than vacant land, the property will be developed with 32 new homes, meet a housing need in the
community, and generate tax revenue far in excess of what would have been generated by a
vacant lot.
Harlan Daudt asked whether a letter could be sent out to adjoining property owners and a vote be
taken to decide whether or not to move forward with the development.
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City Attorney Gilchrist stated that would not be a binding vote, as the delegation of authority to
residents is not allowed under Minnesota law.
Glenn Elholz expressed his support for the proposed development. He added Centra Homes has
been cooperative and helpful. He noted he thinks the City Council is doing the right thing by
moving forward with this proposition.
Councilmember Graves moved, and Councilmember Ryan seconded to close the Public Hearing
at 7:28 p.m.
Motion passed unanimously.
Councilmember Graves stated these types of decisions are difficult when residents feel strongly
about green spaces in their neighborhoods, especially when old growth trees will be lost. She
added the developer would replace the trees, and they will be there for the community's future
residents. She noted Centra Homes has been very responsive to the City's concerns and has
done their best to work with residents.
Councilmember Graves stated the City of Brooklyn Center would continue to grow and change.
She added the City Council has deliberated this issue and will continue to work with
neighborhood residents and the developer moving forward.
Councilmember Ryan stated he concurs with the comments of Councilmember Graves. He
added he supports the proposed development as the City's tax base will be enhanced, and the
community will be more than reimbursed for the property's decreased purchase price. He noted
the proposed development would improve the City and be a positive change.
Mayor Elliott stated he supports a development like this in Brooklyn Center. He added he is
concerned about the impact on the neighborhood's residents, as well as clearing 7.5 acres of
forest. He noted he likes the renderings of the proposed home, but he feels he does not fully
understand the impact that this development will have on the area. He expressed concern that
this is a difficult decision for him.
Councilmember Lawrence -Anderson stated she understands that change is never easy. She
added there are approximately 450 acres of parks in Brooklyn Center. She noted the proposed
development will generate $335,000 in additional property tax revenue but will generate no
additional revenue if the land is left vacant.
Councilmember Lawrence -Anderson thanked all the residents who came and spoke at tonight's
meeting on this issue. She added she is empathetic, but she will support the development.
Councilmember Ryan moved, and Councilmember Graves seconded to adopt RESOLUTION
NO. 2019-087 to Approve Planning Commission Application No. 2019-008 for a Preliminary
and Final Plat and Planned Unit Development for Eastbrook Estates Second Addition, based on
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the findings of fact and the submitted plans, as amended by the conditions of approval in the
Resolution.
Mayor Elliott abstained. Motion passed.
Councilmember Graves moved, and Councilmember Ryan seconded to Approve the First
Reading of ORDINANCE NO. 2019-05 Amending Chapter 35 of the Zoning Code of
Ordinances regarding the zoning classification of Eastbrook Estates Second Addition and set the
second reading and public hearing for July 8, 2019.
Mayor Elliott abstained. Motion passed.
9. PLANNING COMMISSION ITEMS
-None.
10. COUNCIL CONSIDERATION ITEMS
10a. RESOLUTION NO. 2019-088 APPROVING THE STATE OF MINNESOTA
JOINT POWERS AGREEMENT WITH THE CITY OF BROOKLYN CENTER
ON BEHALF OF ITS POLICE DEPARTMENT REGARDING THE
MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE
(ICAC)
Police Chief Tim Gannon reviewed proposed Joint Powers Agreements (JPA's) for which City
Council approval is requested. The JPA's relate to task forces formed with State funding for
training and technology that target specific crimes.
Councilmember Graves stated, regarding human trafficking, the City must ensure that victims
are not prosecuted. Police Chief Gannon stated they are considered victims under State law.
Mayor Elliott asked whether additional support and resources are available from State
investigators. Police Chief Gannon confirmed this.
Councilmember Lawrence -Anderson asked whether the entire Police force receives training.
Police Chief Gannon stated he would support training for all staff.
Mayor Elliott requested clarification regarding Standard 3.4 under Financial Task Force
Standards, which states "prepare evidence for presentation to federal prosecutors for
prosecution." City Attorney Gilchrist stated that refers to situations where a federal case is being
developed, and the City may be called upon to support an investigation.
Mayor Elliott asked whether clarification regarding reimbursement. Police Chief Gannon stated
the Police force had not been asked to reimburse or submit billing, and training is free of charge.
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Mayor Elliott asked whether there are additional costs associated with recordkeeping
requirements. Police Chief Gannon stated such costs would be minimal, and the Police
Department would work with the Finance Department to resolve any issues.
Mayor Elliott asked whether the City is covered in the event of actions resulting from its
cooperation. City Attorney Gilchrist confirmed this, adding no additional liability insurance is
required.
Councilmember Graves moved, and Councilmember Ryan seconded to adopt RESOLUTION
NO. 2019-088 Approving the State of Minnesota Joint Powers Agreement with the City of
Brooklyn Center on Behalf of its Police Department Regarding the Minnesota Internet Crimes
Against Children Task Force (ICAC).
Motion passed unanimously.
10b. RESOLUTION NO. 2019-089 APPROVING THE STATE OF MINNESOTA
JOINT POWERS AGREEMENT WITH THE CITY OF BROOKLYN CENTER
ON BEHALF OF ITS POLICE DEPARTMENT REGARDING THE
MINNESOTA FINANCIAL CRIMES TASK FORCE (MNFCTF)
Councilmember Ryan moved, and Councilmember Lawrence -Anderson seconded to adopt
RESOLUTION NO. 2019-089 Approving the State of Minnesota Joint Powers Agreement with
the City of Brooklyn Center on Behalf of its Police Department Regarding the Minnesota
Financial Crimes Task Force (MNFCTF).
Motion passed unanimously.
10c. RESOLUTION NO. 2019-090 APPROVING THE STATE OF MINNESOTA
JOINT POWERS AGREEMENT WITH THE CITY OF BROOKLYN CENTER
ON BEHALF OF ITS POLICE DEPARTMENT REGARDING THE
MINNESOTA HUMAN TRAFFICKING INVESTIGATORS TASK FORCE
(MNHITF)
Councilmember Lawrence -Anderson moved, and Councilmember Graves seconded to adopt
RESOLUTION NO. 2019-090 Approving the State of Minnesota Joint Powers Agreement with
the City of Brooklyn Center on Behalf of its Police Department Regarding the Minnesota Human
Trafficking Investigators Task Force (MNHITF).
motion passed unanimously.
11. COUNCIL REPORT
The City Council agreed to forego Council Reports in the interest of time.
12. ADJOURNMENT
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Councilmember Ryan moved, and Councilmember Graves seconded adjournment of the City
Council meeting at 8:53 p.m.
Motion passed unanimously.
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 June 24, 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 July 8, 2019, Regular Session.
baibara Suciu, City Clerk
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Mike Elliott, Mayor