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HomeMy WebLinkAbout2019 07-22 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 JULY 22, 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, Kris Lawrence - Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Public Works Doran Cote, Community Development Director Meg Beekman, Business and Workforce Development Coordinator Brett Angell, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Mayor Mike Elliott opened the meeting for Informal Open Forum. No one wished to address the City Council. Councilmember Lawrence -Anderson moved, and Councilmember Butler seconded to close the Informal Open Forum at 6:52 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Butler stated she would attend the YMCA Global Youth Event in London, England, from August 4-8, 2019. She gave a brief presentation regarding the YMCA, which is celebrating its 175th year. She added over 5,000 people from 126 countries would be represented at the YMCA Event in London. She noted she is bringing a local youth from New Hope, Minnesota to London to participate in this special event. Councilmember Butler read the following quote: The more we increase the active participation and partnership with young people, the better we serve them. And the more comprehensively we work with them as service partners, the more we increase our public value to the entire community." - Carmen Martinez 07/22/19 4- 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 Marquita Butler, April Graves, Kris Lawrence - Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Public Works Doran Cote, Community Development Director Meg Beekman, Business and WorkForce Development Coordinator Brett Angel, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Mayor Elliott welcomed the Youth in Government Day participants. He added Youth in Government Day was created to welcome young people from the community into the structure of local government. He noted 15 students have participated in activities, discussions, and community planning events. He invited the Youth in Government participants to introduce themselves and comment on what they have learned from their Youth in Government Day experience. Jasmine Turner, Cooper High School, stated she learned about the importance of leadership. Karen Etaytay, Park Center High School, stated she learned about the process of new development within the community. Deborah Kamale, Champlin Park High School, stated she learned that serving the community is an important aspect of government. She added the government would not exist without serving the community. Tamara Hussein, Champlin Park High School, stated she learned about public engagement in government. Lee Tao, Mounds Park Academy, stated she learned that communication is important. Saliha Ibrahim, Champlin Park High School, stated she learned that your opinion does matter. Tiffan Nyamao, Osseo High School, stated she learned that community shapes how government works. Caron Iteghete, Park Center High School, stated he learned about communication skills. Emmanuel Ikebude, Osseo High School, stated he learned that teamwork is important in leadership to serve the community properly and for the good of the community. 07/22/19 -2- Mayor Elliott thanked the young people for their comments. He added their voices matter, and their presence and opinions are greatly appreciated. 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 amendments to the Study Session minutes of June 24, 2019, 2019, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. July 8, 2019 — Study Session 2. July 8, 2019 — Regular Session 3. July 8, 2019 — Work Session 6b. LICENSES GARBAGE HAULERS Waste Management — Blaine MECHANICAL AT Plumbing 10050 Naples Street NE Blaine, MN 55434 Bonfe's Plumbing Heating, & Air Service, Inc. Centraire Htg & A/C Inc. Genz -Ryan Plumbing & Htg Co. Perfection Heating & Air Inc. Peterson -Pinney Preventive Mechanical Service United Heating & A/C Inc. RENTAL INITIAL (TYPE IV— one-year license) 3012-3018 51St Avenue 110757 th Avenue N 07/22/19 -3- 15800 E Land Street NW Ramsey MN 55303 455 Hardman Avenue South St. Paul MN 55075 6811 Washington Avenue S. Edina, MN 55439 2200 W. Hwy 13 Burnsville MN 55337 1770 Gervais Ave Maplewood, MN 55109 4151 Coon Rapids Blvd Coon Rapids MN 55433 1875 Buerkle Road White Bear Lake MN 55110 1295 Hackamore Road Medina, MN 55340 Sri Lalcshmi Valiveti Derik Bjorgo 5914 Fremont Avenue INITIAL (TYPE III — one-year license) 6200 Brooklyn Boulevard 5443 Logan Avenue N INITIAL (TYPE II — hio year° license) 5837 Admiral Lane 6106 Aldrich Avenue N INITIAL (TYPE I— three-year license) 5306 Knox Avenue N RENEWAL (TYPE IV— one-year license) 1100 69th Avenue N 6725 Bryant Avenue N 4714 Wingard Lane RENEWAL (TYPE III — one-year license) 6915-25 Humboldt Avenue 6618 Colfax Avenue N 5420 Emerson Avenue N 6437 Kyle Avenue N 5301 Logan Avenue N 6925 Regent Avenue N RENEWAL (TYPE II — two-year license) 1606 71St Avenue N 6436 June Avenue N RENEWAL (TYPE I — three-year license) 4700 Lakeview Avenue 5556 Emerson Avenue N 5900 Pearson Drive 7193 Unity Avenue N Olaide Gbadmosi/Alaafi Homecare LLC Hayder Albatushi Alfred A'Shola Apata Jeremy Long Home SFR Borrower LLC/Haven Brook Homes Antonio Vizcarra Moreno Evangelical Church of the Master Vong Duong (Plan not met CPTED Incomplete) Hee Yoon Kim Steven Scott Management Chandrawatie Khemraj Christopher Raisch Sheng Lee/United Hmong Investments MNSF II LC Travis Senefelder Gregory Lang Jenny Pham Nancy Dahlquist John Reider Mary Tjosvold/Mary T Properties Mary Turcotte 6e. RESOLUTION NO. 2019-099 AUTHORIZING THE TRANSFER OF $350,000 FROM THE EARLE BROWN HERITAGE CENTER OPERATING FUND TO THE EARLE BROWN HERITAGE CENTER CAPITAL FUND 6d. RESOLUTION NO. 2019-100 AUTHORIZING THE TRANSFER OF $325,487 FROM THE MUNICIPAL LIQUOR STORE FUND TO THE CAPITAL IMPROVEMENTS FUND 07/22/19 -4- 6e. RESOLUTION NO. 2019-101 SETTING THE DATE OF THE SALE OF $9,850,000 GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2019-A TO FINANCE THE CONSTRUCTION OF INTERSTATE AREA IMPROVEMENTS AND BELLVUE /SOUTHEAST IMPROVEMENTS FOR AUGUST 12, 2019 6f. RESOLUTION NO. 2019-102 ACCEPTING WORK PERFORMED AND AUTHORIZING RELEASE OF FUNDS FOR CERTAIN FINANCIAL GUARANTEES BEING HELD BY THE CITY Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. YOUTH IN GOVERNMENT DAY Mayor Elliott presented Certificates to the participants of Youth in Government Day. He thanked the young people for attending and urged them to continue to stay active and engaged in local government. 7b. HENNEPIN COUNTY COURTS City Manager Curt Boganey introduced Chief Judge Ivy Bernhardson, Fourth Judicial District, and invited her to address the City Council. Judge Bernhardson gave a review of the work of Hennepin County Courts. She added the Judicial Branch is a separate branch of the government, and suburban jurisdictions are important members of the County. Judge Bernhardson stated Hennepin County has 22% of the population of the State of Minnesota, but 40% of the judicial filings and 88% of all cases are criminal. Other operations include civil division cases, family, juvenile, and probate/mental health cases. There were 942 jury trials requested in 2018, with 26,572 citizens of Hennepin County called as jurors. Judge Bernhardson stated Hennepin County Courts had made advancements in technology that have increased operations efficiency. Texting and emailing reminders of court hearings has reduced "failure to appear" by 30%. She added there had been an increase in addiction and mental health cases, as well as felony filings. She noted 80% of revenue from fines goes back to municipalities, and in 2019, Brooklyn Center received $228,000 fiom Hennepin County Courts. Mayor Elliott thanked Judge Bernhardson for her presentation. He added the City Council had received information from the Police Department regarding embedded mental health co - responders, which is representative of new and innovative ways to deal with mental illness cases. 07/22/19 -5- Councilmember Butler stated she did jury duty last summer, and it was a great experience. She added the judge thoroughly explained the process to the jury, and treated jurors and attorneys fairly. Judge Bernhardson stated she is pleased that the experience was positive. Councilmember Graves asked whether there is data regarding judicial staff and judges of color within the Fourth Judicial District. Judge Bernhardson stated she does not have specific numbers, but the District has an internally focused race equity plan to attract and develop a diverse array of judicial candidates. She added, of the 63 judges, there are 8 African American, 7 Hispanic, 2 Asian, 1 Native American, and the rest are randomly white. Councilmember Graves asked about the "pre-trial scale" that is race and gender -neutral. Judge Bernhardson stated a Hennepin County researcher developed the pre-trial tool in 1992, and it is currently used by every jurisdiction in the State of Minnesota. She added this evaluation tool is used to determine whether individuals are at risk to re -offend if they are released and whether bail is required. She noted the evaluation tool is reviewed periodically to ensure that it remains race and gender -neutral. Councilmember Graves asked whether the Fourth District Court works with units like juvenile detention, domestic violence, and child protection to address and overcome challenges. Judge Bernhardson stated one successful tool had been Juvenile Warrant Resolution Day, which the District Court has held for the past 5-6 years, which has cut the number of juveniles in detention by half. Mayor Elliott stated he participated in the Minnesota Supreme Court's "Justice For All" Committee. He asked whether there are ways in which the District focuses on restorative justice. Judge Bernhardson stated Hennepin County tries to ensure that people do not remain in custody unless absolutely necessary. She added texts and emails reminding people about court dates has been successful, and a warrant hotline is being tested that will make it easier for people to set up a court date. Mayor Elliott thanked Judge Bernhardson for her presentation. 7c. BROOKLYNK PROGRAM UPDATE Breanne Rothstein, Economic Development and Housing Director for the City of Brooklyn Park, gave a presentation on the Brooklynlc Program and its 2020 budget. She added Brooklynk interns were placed in internships for summer 2019, in corporations, positions within the School District, local corporations, professional services, and property management. She noted Brooklynk, staff provide an annual review of the program and budget as required by the Brooklynk Cooperative Agreement between Brooklyn Park and Brooklyn Center. Ms. Rothstein stated Brooklynk, a youth employment program directed by Brooklyn Center and Brooklyn Park, represents youth who experience barriers to employment. She added Brooklynk alumni are very active in volunteering as well as providing training and support for interns. She noted Brooklynlc Staff is excited to welcome alumni back as paid trainers and staff. 07/22/19 -6- Ms. Rothstein stated Brooklynk's "Get Ready!" work readiness training program had 220 participants, 20 trainers, and Brooklynk alumni, and hosted a job fair with 24 employers. She added 117 interns were placed with 20 different employers, and three new employers were secured in 2019. She noted more and more local businesses are interested in hiring Brooklynk interns as the program grows. Ms. Rothstein stated the Brooklynk program secured a new grant through DEED, Brooklynk staff are working on a supervisor training program, and a full-time Program Manager was added to the staff, responsible for grants management, employer engagement, and fundraising opportunities. She noted there had been a lot of attention directed at this type of work at the State level, and Brooklynk staff hopes to leverage that for the program. Ms. Rothstein stated 2020 expenditures were $355,000, with half of the budget coining from grants. She added Brooklynk is proposing that Brooklyn Center contribute $55,000, which is the same amount that was contributed for the 2018 program. Emmanuel Ekabude, a Youth in Government participant, stated a few of the young people who participated are part of the Brooklynk program. He added he appreciates having had a chance to be a part of the program. He noted the program provided the opportunity to gain work experience, explore careers, have an income, and gain independence. Ms. Rothstein encouraged the students to stay involved and connected to Brooklynk and become engaged as an alumni member. She added program staff is available to provide information and answer questions. Councilmember Lawrence -Anderson asked, by a show of hands, which of the youth have participated in the Brooklynk program. All the students that were present raised their hands. 7d. SNOW EVENT PARKING REVIEW Police Chief Tim Gannon gave a review of the City's snow event parking policy, which enhances City Staff's ability to handle and remove snow and improve public safety. The policy, approved by the City Council in November 2018, requires that all vehicles be removed from roadways when a snow event is declared, for the duration of the event. A snow event is 2.5 inches or more of snow. Chief Gannon stated the City Council requested that City Staff ensure that a robust communication plan is instituted, so residents are aware of the parking situation during snow events. He reviewed police activity from December 2018 -March 2019, including 156 citations and 124 towed vehicles. The snow event parking policy prevented 180 vehicles from being towed due to proactive communication measures. Chief Gannon stated the City of Brooklyn Park initiated a similar program in 2018. He added the number of citations and tows was higher in Brooklyn Park, although it is a larger city. Chief Gannon stated one reason for the success of the program is coordination between the Police Department, the Public Works Department, and the City's Communication Director. 07/22/19 -7- Advance notice for tow companies was effective, and "knock and talk" visits to residents before enforcement action was effective and cost-efficient. Chief Gannon stated additional office staff for vehicle releases was not necessary, and plowing was more efficient when streets were free of cars. He added he feels confident that the program has been developed and implemented based on the goals of the City Council. Mayor Elliott thanked the Chief for his presentation. Councilmember Butler stated she agrees with Councilmember Ryan's comments. She added she initially voted against this program, but she now appreciates that residents are given a chance to move their car. He thanked Chief Gannon for the extra work that went into developing the program. Councilmember Graves stated the program is well -executed, and the "knock and talk" efforts are helpful. She asked whether there is a map showing the areas where tows were done. Chief Gannon agreed to provide a map with citations mapped out. Councilmember Lawrence -Anderson stated she is pleased with the program and feels that it was well -executed for its first year. Saliba Ibrahim, a Youth in Government participant, asked whether residents can get a text notification when their car is towed. Chief Gannon stated residents could sign up for City notifications via text or email for City notifications. He added more information is available on the City's website. Councilmember Graves stated hand-out cards could be prepared with information about how to sign up for email and text notifications. She added the information could also be included in the citation. Councilmember Ryan stated this issue could be discussed further at a Work Session. Mr. Boganey thanked Chief Gannon and the entire team that worked with the Police Department on this issue. He added this is a great example of City Staff paying special attention to top priorities and keeping the needs of residents at the forefront when developing policies. He stressed the importance of ensuring that focus is on the primary goal of clear, plowable streets. 8. PUBLIC HEARINGS 8a. ORDINANCE AND RESOLUTIONS REGARDING PLANNING COMMISSION APPLICATION 2019-008, EASTBROOK ESTATES (i) PUD/Rezoning (2°d Reading) and Easement Vacation Ms. Beelunan reviewed a Planned Unit Development (PUD)/rezoning (2"d reading) and Easement Vacation for Eastbrook Estates 2nd Addition, an application from Centra Homes to 07/22/19 -8- develop property south of 69"' Avenue N and west of Highway 252. The property is guided for low-density use. Ms. Beekman stated the Economic Development Authority (EDA) approved the development of homes, roads, utilities, and ponding on EDA -owned property in 2018. On July 24, 2019, the City Council approved the Preliminary Final Plat as well as the PUD, which is a rezoning of the property, and a public hearing is required. Ms. Beelcman stated the property would be rezoned to PUD RI, with other easement vacations related to Eastbrook Estates. She added this development falls within the goals of the 2040 Comprehensive Plan, which identifies a need for diverse housing options. She noted the proposed 3 and 4 -bedroom homes would be a mix of two-story and multi-level with an average sale price of $332,000. Ms. Beekman stated the revised final plat would include the addition of Lots 13 and 14, as well as absorption of Outlot B into Lot 14, and Outlot A into lots 4 and 5. She added the development agreement regulates development rights to the site, and sets up a special taxing district of properties within the subdivision. This will allow for a special assessment of costs associated with the maintenance of a stormwater pond and includes covenants for management and maintenance of the pond to be attached to the deeds of the properties. She noted stormwater treatment features, including an iron -infused filtration basin, will improve stormwater quality downstream. Ms. Beekman stated Centra Homes has indicated that maintenance of the stormwater pond generally falls under the Public Works Department. She added this type of maintenance is not included in Brooklyn Center's current programming, and the City does not have staffing capacity. She noted Centra had requested the City Council's discussion and determination on this issue. She reiterated City Staff feels strongly that day-to-day stormwater maintenance should not be City's responsibility. Councilmember Lawrence -Anderson requested clarification regarding the motion related to stormwater maintenance. Ms. Beekman stated the resolution is written in such a way that City Staff can continue to negotiate that issue. Mayor Elliott requested clarification and guidance from Public Works Director Doran Cote. Public Works Director Doran Cote stated this situation is unique to the community as stormwater requirements were not in place when City was developed. He added stormwater ponds become the responsibility of a homeowner's association, to collect assessments and handle maintenance. He noted, in this case, the property owners on two of the lots will have an expectation of how the pond will need to be maintained, and a drainage and utility easement will be located on their property. He stated City Staff finds this an acceptable solution. Councilmember Graves asked how much work this type of stormwater maintenance requires. Mr. Cote stated the area would require maintenance such as mowing and pulling weeds, but the City could step in if significant maintenance is required. 07/22/19 -9- Councilmember Graves asked whether the addition of the outlots adds to the property values of the lots where they are located. Mr. Cote stated he is unsure, although in his experience ponds and water features are considered an amenity. Councilmember Ryan asked whether homeowners would be assessed if the pond requires significant maintenance, or if the City would absorb the cost. Mr. Cote stated, through the Special Taxing District, the City Council could assess residents of the development. He added the stormwater pond serves this neighborhood and not the community as a whole. Mayor Elliott asked whether there would be any implications for taxing all 30 lots for the stormwater maintenance costs. City Attorney Troy Gilchrist stated stormwater districts are set up specifically to serve an identifiable area that is draining into a stormwater pond or ponds. He added the City Council would review an Ordinance to establish this taxing district to address stoimwater issues. He added many communities use this approach as it avoids legal complications that accompany special assessments. The applicant, representing Centra Homes, requested direction from the City Council on this issue. He added Centra's experience in working with developing communities has been that the City takes on stormwater maintenance as part of public infrastructure for the stormwater system. He expressed concern that malting homeowners responsible for long-term stormwater maintenance is problematic as they will not remember, and new owners will not be informed when homes are sold. The applicant stated the cost of installing the stormwater pond is approximately $5,000, and the cost of maintenance is very low. He added it is generally understood that if an association is established for a storrnwater pond, the City will get involved at some point in the future anyway. Mr. Boganey stated, in his experience, stoiniwater ponds in residential neighborhoods are views as an amenity, and residents expect it to be maintained to amenity standards. He added property owners would not be satisfied with the level of maintenance that the City would provide for a stormwater pond. He asked the applicant about annual upkeep and maintenance requirements. The applicant stated the pond would need maintenance every 2-3 years. He added the developer would provide a maintenance schedule and help with education and requirements. Councilmember Graves moved, and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. No one appeared to address this item. Councilmember Lawrence -Anderson moved, and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. 07/22/19 -10- Mr. Gilchrist stated, in his experience, this situation is generally set up similar to what is being recommended by City Staff. He added he could not recall a situation when a City was asked to take a pond on Day 1. He noted a decision does not obligate the City Council but rather makes it clear that City Staff will not maintain the pond from the outset. Councilmember Graves moved, and Councilmember Butler seconded to adopt RESOLUTION NO. 2019-103 Vacating Certain Easements Associated with the Eastbrook Estates Site Redevelopment, in Connection with the Proposed Final Plat of Eastbrook Estates 2" d Addition. Motion passed unanimously. Councilmember Graves moved, and Councilmember Lawrence -Anderson seconded to approve Second reading and adopt ORDINANCE NO. 2019-05 Amending Chapter 35 of the City Code of Ordinances regarding the zoning classification of land generally located west of Highway 252, south of 691h Avenue North, north of 681h Avenue North, and east of Aldrich Avenue North. Motion passed unanimously. (ii) Revised Final Plat Councilmember Ryan moved, and Councilmember Lawrence -Anderson seconded to adopt RESOLUTION NO. 2019-104 Approving the Revised Final Plat for Eastbrook Estates 2nd Addition. Motion passed unanimously. (iii) Development Agreement Councilmember Graves moved, and Councilmember Ryan seconded to adopt RESOLUTION NO. 2019-105 Approving a Development Agreement with Centra Homes Relating to the Development of Eastbrook Estates 2nd Addition. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. RESOLUTION NO. 2019-106 REGARDING THE RECOMMENDED DISPOSITION OF THE PLANNING COMMISSION APPLICATION NO. 2019- 013 FOR A SITE AND BUILDING PLAN APPROVAL (LOCATED AT 6700 SHINGLE CREEK PARKWAY) Ms. Beelcman reviewed a request for site and building plan approval from Medtronic for an addition to their facility at 6700 Shingle Creek Parkway. The applicant, Alliance on behalf of Medtronic, provided a site line study showing Medtronic's facility and addition about a nearby apartment building. 07/22/19 -11- Ms. Beekman stated City Staff requested a noise study, which showed that projected daytime and nighttime noise levels fall within standards for noise in residential districts, per Minnesota Pollution Control Agency (PCA) requirements. She added the City Engineer reviewed the application and found it to comply with erosion control requirements, protections for existing utilities and easements, and Building and Fire Code requirements. Ms. Beekman stated the Planning Commission voted unanimously to support the application at their July 11, 2019 meeting. She added Ross Naylor, representing Alliance, was present to answer questions, and City Staff recommends approval of the site and building plan request. Councilmember Graves asked whether any contaminants will be removed from the facility as part of the building plan. Mr. Naylor stated large pieces of equipment would be dismantled, but normal removal procedures will be followed as part of a separate project. He added the cooling system is water-based so no exhaust or chemicals will be released. Mayor Elliott requested clarification regarding the proposed facility. Rochelle Danielsen, representing Medtronic, stated the Brooklyn Center South building builds batteries to be shipped to device facilities throughout the world. She added the new equipment that will be installed would be more efficient, have better capacity, and a reduction in the use of utilities. Mayor Elliott asked how many employees are employed currently at the site. Ms. Danielsen stated there are approximately 1,000 on the Brooklyn Center South site. Councilmember Lawrence -Anderson stated she is happy that Medtronic is a part of the Brooklyn Center business community. She added she supports anything that can be done to support local businesses. Councilmember Graves asked whether Medtronic employs Brooklynk Interns. Ms. Danielson stated she is unsure whether Medtronic is involved in that program. Ms. Graves stated Medtronic would be a welcome partner in the Brooklynk program, employing youth interns from the community. Mr. Boganey agreed to follow up on that, adding Medtronic is on the list of employers that City Staff plans to contact. Councilmember Ryan stated he agrees with the comments of Councilmember Lawrence - Anderson, adding he is pleased to have a significant employer like Medtronic within the community. Councilmember Ryan moved, and Councilmember Lawrence -Anderson seconded to adopt RESOLUTION NO. 2019-106 Regarding the Recommended Disposition of Planning Commission Application No. 2019-013 for a Site and Building Plan Approval (Located at 6700 Shingle Creek Parkway). Motion passed unanimously. 07/22/19 -12- 9b. RESOLUTION NO. 2019-107 REGARDING THE RECOMMENDED DISPOSITION OF THE PLANNING APPLICATION NO. 2019-012 FOR PRELIMINARY AND FINAL PLAT APPROVAL OF THE EMERSON EDA ADDITION (LOCATED AT 5355 AND 5357 EMERSON AVENUE NORTH) Ms. Beekman reviewed a preliminary and final plat for Emerson EDA Addition, with applicant Brett Angell on behalf of the Economic Development Authority (EDA). She added two EDA - owned parcels are requested to be consolidated into a single parcel. She noted the lot sizes are deficient for City zoning and platting requirements, as they are 40 and 44 feet wide. The two lots combined to meet the requirements for a 1 -family property, but not a 2 -family property under Zoning requirements and are in line with the City's 2040 Comprehensive Plan and provision of new move -up housing stock. Ms. Beekman stated a requirement of the Request for Proposals (RFP) is that the new home is owner -occupied. The Planning Commission held a public hearing on this case on July 11, 2019, and voted unanimously to recommend the preliminary and final plat for Emerson EDA Addition. Councilmember Lawrence -Anderson stated the EDA purchased 5355 Emerson Avenue for $26,000. She asked what the purchase price was for the other property. Brett Angell, representing the EDA, stated 5357 Emerson was purchased for approximately $45,000. He added a home on the property was damaged by a fire, and the City abated the property. Councilmember Graves moved, and Councilmember Ryan seconded to adopt RESOLUTION NO. 2019-107 Regarding the Recommended Disposition of the Planning Application No. 2019- 012 for Preliminary and Final Plat Approval of the Emerson EDA Addition (Located At 5355 And 5357 Emerson Avenue North). Motion passed unanimously. 9c. RESOLUTION NO. 2019-108 REGARDING THE RECOMMENDED DISPOSITION OF THE PLANNING APPLICATION NO. 2019-010, FOR REZONING, SPECIAL USE PERMIT, AND SITE & BUILDING PLAN APPROVAL (LOCATED AT 5300 DUPONT AVENUE NORTH) Ms. Beekman reviewed a request for rezoning, Special Use Permit, and Site and Building Plan approval for Cluisty's Auto Service, 5300 Dupont Avenue N. The applicants, Lori, and James Dean, want to expand their existing auto service center to add office space, a new bathroom, and indoor storage. The property is currently zoned Residential and must be rezoned to accommodate the addition. Ms. Beekman stated the business has operated for over 75 years as an auto repair shop in the Bellevue neighborhood. She added the Planning Commission held a public hearing on July 11, 2019, for which notices were sent to nearby properties. She noted the original notice was to 07/22/19 -13- rezone the property to C1, but it has been decided that C2 is more appropriate and a Special Use Permit is required. Ms. Beekman stated the property was zoned Commercial in the City's last two Comprehensive Plans, but on the 1972 zoning map, the property is zoned R2. City Staff was unable to determine the conditions under which rezoning occurred. Ms. Beekman stated City staff feels that continued operation of the auto repair shop will be a benefit for the neighborhood, especially with expanded storage, and the proposed addition would not extend outside the existing building size. Conditions of approval include a requirement for a fire sprinkler system and ADA -compliant parking spaces. Ms. Beelanan stated an adjacent homeowner had concerns about conditions on the site, drainage from the site, and bright lights shining onto their property. There was a discussion at the Planning Commission meeting regarding whether these issues could be mitigated during construction and renovation. Ms. Beelanan stated City Staff recommends amendments to the Resolution, including installation of gutters, replacement of the chain link fence to opaque fencing, and replacement of nonconforming light fixtures. She added the applicants have agreed to work with adjacent neighbors and City Staff to address areas of concern. Mayor Elliott welcomed the applicants, James and Lori Dean, and invited them to address the City Council. Mr. Dean stated he and his wife are proud of their establishment and take care of their property. He added they want it to stay in good shape and continue to improve for customers and employees, as well as the community. Councilmember Ryan stated the Deans had made significant aesthetic improvements to the site since they took it over. He added a small business operation like Christy's serves a real need within the neighborhood as well as the community. He noted he hopes the City Council will act favorably to support Christy's Auto Service. Councilmember Lawrence -Anderson stated she supports this request and recognition for Christy's Auto Service. She added she met the applicants through the Brooklyn Center Business Association. She noted anything the City Council can do to help local businesses will always have her support. Mayor Elliott stated Christy's had become a landmark for him as he lives in the neighborhood, and it is an important neighborhood amenity. He added the City does not have enough of those types of businesses. Ms. Dean thanked the City Council for their kind words and support. She added it has always been their dream to be able to own their business, and she and her husband hope to increase and expand their operations while continuing to be good neighbors within the community. 07/22/19 -14- Councilmember Graves moved, and Councilmember Lawrence -Anderson seconded to adopt RESOLUTION NO. 2019-108 to approve Planning Commission Application No. 2019-010 for Rezoning, Special Use Permit, and Site & Building Plan Approval for the Subject Property Located at 5300 Dupont Avenue North, based on the Findings of Fact and Submitted Plans, as Amended by the Conditions of Approval in the Resolution. Motion passed unanimously. Councilmember Lawrence -Anderson moved, and Councilmember Ryan seconded to approve First Reading of Ordinance Amending Chapter 35 of the Zoning Code of Ordinances Regarding the Zoning Classification of 5300 Dupont Avenue North and Set the Second Reading and Public Hearing for August 12, 2019. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. FIRST READING OF AN ORDINANCE AUTHORIZING A STUDY AND PLACING A MORATORIUM ON DEVELOPMENT OF PROPERTIES WITHIN THE OPPORTUNITY SITE Ms. Beekman reviewed a proposed study and moratorium related to properties within the Opportunity Site. She stated work was begun in early 2019 to update the Opportunity Site Master Plan, an area approximately 81 acres in size. She added land use guidance for the area is Transit -Oriented Development (TOD) and Commercial Mixed Use. She noted a Master Plan and fiamework are being developed, and anticipated uses include housing, recreation, a mix of retail and commercial uses. Ms. Beekman stated the interim moratorium would allow time to complete the Master Plan and adopt regulatory changes. She added a public hearing second reading had been scheduled for August 12, 2019, and notification would be mailed to property owners that are affected by the moratorium. Ms. Beekman stated the moratorium would be no more than 12 months as specified by State Statute. She added the City Council has the authority to lift the moratorium before that time. She noted City Staff recommends City Council approval of the First Reading, authorizing the study and placing the moratorium. Mayor Elliott asked when the notice will be sent to property owners. Ms. Beekman stated notice would be sent this week, as the State Statute notice requirement for public hearings is ten days. Councilmember Graves moved, and Councilmember Ryan seconded to approve First Reading of Ordinance Authorizing a Study and Placing a Moratorium on the Development of Properties Located within the Opportunity Site and Calling for a Public Hearing and Second Reading to Occur on August 12, 2019. 07/22/19 -15- Motion passed unanimously. 11. COUNCIL REPORT The City Council agreed to forego their Reports in the interests of time. 12. ADJOURNMENT Councilmember Graves moved, and Councilmember Ryan seconded adjournment of the City Council meeting at 10:07 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 July 22, 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 August 12, 2019, Regular Session. h Barbara Suciu, City Clerk 07/22/19 -16- Mike Elliott, Mayor