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HomeMy WebLinkAbout2019 08-12 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 AUGUST 12, 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 April Graves, Kris Lawrence -Anderson, and Dan Ryan. Councilmember Marquita Butler was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Fiscal & Support Services Nate Reinhardt, Community Development Director Meg Beekman, Business and Workforce Development Coordinator Brett Angell, City Attorney Troy Gilchrist, and Barb Suciu, City Cleric. Mayor Mike Elliott opened the meeting for Informal Open Forum. Harlan Daudt, 6000 York Avenue, stated the Opportunity Site is perfect for businesses and stores. He added a big box store would be a good addition. He noted that 2,000 apartments are too many, and the development seems to be on a fast track. Mr. Daudt stated the developer wants the City to fast track for their benefit, and the City should not do that. He added more people should get involved. He asked whether there will be a public hearing on the moratorium. Mayor Elliott stated the public hearing would be held at tonight's meeting. Jude Nnadi, 483171 " Avenue N, asked whether the City of Brooklyn Center has a policy of public procurement that gives preference to small local businesses and minority businesses and industries. City Manager Curt Boganey stated there is no specific program that focuses on small business or minority business procurement. He added there is an inclusion and diversity effort that has been developed over several years and is still being developed, which includes consideration of a City purchasing policy. Mr. Nnadi stated the City of Brooklyn Center should have this type of program to provide an advantage to local small businesses. He added he has tried to contact City Staff to submit bids 08/12/19 -1- but has not received a response. He noted he is open to engaging in discussion with City leadership on this issue. Lenny Chisholm, one of the City's "pop up markets" creators, gave an update on the recent Saturday markets. He added local vendors would have the opportunity to use storage containers at this coming Saturday's market. He noted storage containers might be a good addition to the Opportunity Site if the City's ordinances can be amended to include them as permanent structures for small business opportunities. Mr. Chisholm stated there were 51 vendors at last month's Saturday market, and 250 people showed up. Councilmember Lawrence -Anderson moved, and Councilmember Ryan seconded to close the Informal Open Forum at 7:00 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Lawrence -Anderson read a quote from President John Kennedy for the Invocation: "Let us not seek the Republican answer or the Democratic answer, but the right answer. Let us not seek to fix the blame for the past. Let us accept our own responsibility for the future." 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, Deputy City Manager Reggie Edwards, Director of Fiscal & Support Services Nate Reinhardt, Community Development Director Meg Beekman, Business and Workforce Development Coordinator Brett Angell, City Attorney Troy Gilchrist, and City Clerk Barb Suciu. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA 08/12/19 -2- Councilmember Graves moved, and Councilmember Lawrence -Anderson seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. Special Work Session 2. July 15, 2019 - City Council/Financial Commission Work Session 3. July 22, 2019 - Study Session 4. July 22, 2019 - Regular Session 5. July 22, 2019 - Work Session 6b. LICENSES GARBAGE HAULERS Dick's Sanitation 8984215 1h Street West Lakeville MN 55044 MECHANICAL Air Express, Inc. 1010 118th Avenue NE Blaine, MN 55435 All Climate Mechanical 7944 University Avenue NE Fridley MN 55432 Armstrong Plumbing LLC 13272 d Avenue Newport, MN 55055 Centraire Htg & A/C, Inc. 6811 Washington Avenue S Edina, MN 55439 Comfort Matters Htg & Cooling Inc 18071 Territorial Road Maple Grove MN 55369 Elander Mechanical Inc. 645 Shenandoah Drive Shakopee, MN 55379 GV Heating and Air 5182 West Broadway Crystal, MN 55429 TEMPORARY GAMBLING LICENSE MN Trucking Association 6420 Camden Avenue N September 16 Brooklyn Center, MN 55430 Church of St. Alphonsus 7025 Halifax Avenue N Sept. 27-29 Brooklyn Center, MN 55430 RENTAL INITIAL (TYPE III — one-year license) 1302, 1308 69th Avenue N Steve Plotz (Carrington Dr. Apts.) 6725 Colfax Avenue N Nancy Yang/Kayo Investments 5827 Ewing Avenue N Juan Carlos Quito Villa 08/12/19 -3- INITIAL (T)PE I — three-year license) 5139 France Avenue N 1340 68th Lane N RENEWAL (TYPE IV— one-year license) 130067 1h Avenue N, Brookside Manor 4216 Lakebreeze Avenue 2012 55th Avenue N 6600 Dupont Avenue N 6007 Girard Avenue N 5642 Logan Avenue N 7006 Morgan Avenue N 6101 Xerxes Avenue N RENEWAL (TYPE III— one-year license) 6807 Humboldt Avenue N (Humboldt Court) 3 912 61 St Avenue N 2012 Ericon Drive 6400 Unity Avenue N RENEWAL (TYPE II — two—year license) 6511 Humboldt Avenue N (The Pines 5800, 5830 Logan Avenue N (The Lilacs) 5715 Emerson Avenue N 5636 Humboldt Avenue N 7224 Noble Avenue N 801 Woodbine Lane Gregory Scarth Roelle Jr Jin Li Roger & Elizabeth Family Properties LLC Daniel Tan I113 Property Illinois LP Thomas Lee Ben Cleve Dosssman IV MNSF II WI LLC Heshem Abdel Hakim Govan Singh Mindy Jane Brummer Nazeen Khatoon Kristina Coryell Michelle Vue The Pines North LLC Farnaz Toussi My Truang Gao .Qiang Liu/Sam Yen Liew Quoe Ai Nguyen Mai Yia Chang RENEWAL (TYPE I — three-year license) 390652 nd Avenue N Randy Hammond 4212 61St Avenue N John Hostetler 2918 65th Avenue B Hong Yang 4013 65th Avenue N Goa Qiang Liu/Sam Yen Liew 5043 Brooklyn Boulevard THR Property Illinois 4207 Lakeside #320 6e. ORDINANCE NO. 2019-08 AMENDING CHAPTER 7 SECTION 7.10 OF THE BROOKLYN CENTER CITY CHARTER 6d. RESOLUTION NO. 2019-109 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2017-01,02,03,04 AND 07, EVERGREEN PARK AREA STREET, STORM DRAINAGE, UTILITY, TRAIL AND PARKING LOT IMPROVEMENTS 08/12/19 -4- 6e. RESOLUTION NO. 2019-110 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS 6f. MOTION SETTING A PUBLIC HEARING ON PROPOSED MODIFICATIONS TO UTILITY FEE SCHEDULES RELATED TO DELINQUENT UTILITY CHARGES Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS -None. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AUTHORIZING A STUDY AND PLACING A MORATORIUM ON DEVELOPMENT OF PROPERTIES WITHIN THE OPPORTUNITY SITE Community Development Director Meg Beekman reviewed a proposed ordinance that would place a moratorium on development within the Opportunity Site. The interim ordinance would allow the City to complete the Master Plan regulatory framework and would be in place for no more than 12 months. Ms. Beekman noted City Staff recd emends the adoption of this interim ordinance. Ms. Beekman stated the moratorium could be lifted if the planning work is completed before the 12 -month allotment and would apply to any land use applications related to subdivision, expansion or construction of new buildings within the Opportunity Site. She added the moratorium would not apply to permits or approvals related to maintenance or repair of existing buildings. Ms. Beekman stated notice of the public hearing was published on July 22 in the Sun Post, and sent to property owners within the Opportunity Site, along with a letter explaining the moratorium. Additionally, City Staff has reached out individually to each property owner to invite them to a community -wide open house on September 19, 2019. Mayor Elliott asked whether any businesses have indicated that they plan to do any improvements or construction that would be affected by the moratorium. Ms. Beekman stated one property owner requested additional information about the moratorium as he is considering potential redevelopment but not within the next 12 months. City Staff will meet with the property owner again to discuss this issue. Councilmember Ryan asked why it is in the City's best interests to enact this moratorium. Ms. Beekman stated the moratorium is allowed by State statute and will allow the City to complete planning studies and decide on a course of action. She added the moratorium ensures that 08/12/19 -5- property owners are not making investments that would be contrary to a potential future Master Plan. Mayor Elliott asked whether property owners would be able to make changes to their property after the 12 months and whether City approval would be required. Ms. Beekman stated Master Plans do not carry a significant amount of regulatory weight but are often used to plan capital improvements and infrastructure. She added land use elements would be binding if the Master Plan is adopted. Councilmember Ryan moved, and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. Harlan Daudt, 6000 York Avenue, stated he sees this as a block to private businesses, to give the developer the advantage over private business. He added businesses should not be blocked from opening their business. He noted the City of Brooklyn Center needs new businesses and not more apartments. Nelima Sitati Munene, Executive Director of ACER (African Career, Education, and Resource), stressed the importance of the Opportunity Site to the residents of Brooklyn Center and the region as a whole. She expressed ACER's support for the interim moratorium. She added the Opportunity Site gives a rare opportunity to have large scale redevelopment and help communities address some of the challenges that face them, including the need for housing, which stabilizes people and provides an opportunity to find a job and support local businesses. Ms. Munene stated ACER had asked the City Council to sign a Community Benefits Agreement, to ensure that community needs centered around this redevelopment are met, given the disparities that impact minority communities. She added the City Council should consider the Benefits Agreement to discuss best solutions before a permanent development agreement is signed. Ms. Munene asked whether an environmental impact assessment was completed on this site. She requested that the developer conduct such an assessment if it has not been completed. Ms. Beekman stated City Staff is proposing an Alternative Urban Areawide Review (AUAR), a comprehensive environmental review which will carry throughout the development. She noted this would potentially be paid for through the development agreement. Councilmember Graves asked why an AUAR would be preferable to an environmental study. Ms. Beekman stated an environmental impact study looks at one site at a time and is reactionary, while the AUAR covers a larger scope including transportation, water, and air quality, noise and air pollution and environmental elements related to the site. An audience member asked that the City Council be mindful of the diversity of the community, and to take action on behalf of all the citizens of Brooklyn Center, even though they may not be present. 08/12/19 -6- Jude Nnadi, 4831 71St Avenue N, stated he represents the African Coalition. He added he had not had any communication from City Staff. He asked what the City's plan is for incorporating groups like African Coalition in the planning process. Ms. Beekman stated a steering committee is planned to incorporate representatives from communities in Brooklyn Center. Mr. Nnadi stated he supports the moratorium and asked the City Council to be aware of gentrification. He asked that all residents of Brooklyn Center be included and have a voice in this process. Alfreda Daniels, a resident of Brooklyn Park, asked whether there is a timeline for the development. She added many residents of Brooklyn Park are not aware of the development plans, and it seems to be happening very fast. She added there should be more time for community engagement. Ms. Beekman stated the Master Plan is scheduled for completion in Winter 2019-2020. Ms. Daniels stated she has read that the community engagement efforts are being performed by the developer and not the City, and she is concerned because many community members are not aware of the project. She asked whether there is a project leader agreement. Ms. Beekman stated there is no development plan or agreement at this time. Ms. Daniels stated she is a Board Member on a local pageant coalition, and her organization is interested in having a discussion with City Staff regarding new retail and businesses, and ensuring that local businesses will be required to pay adequate wages. Councilmember Graves moved, and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves moved, and Councilmember Lawrence -Anderson seconded to Approve a Second Reading and Adopt Interim ORDINANCE NO. 2019-07 Authorizing a Study and Placing a Moratorium on the Development of Properties within the Opportunity Site and Approve a Surmnarized Version of the Ordinance for Publication. Motion passed unanimously. Mr. Boganey stated, for purposes of clarification, the ordinance is for a period of up to 12 months, but the moratorium could be relieved before 12 months. He added a discussion related to community engagement in this process is scheduled for tonight's Work Session. 8b. ORDINANCE NO. 2019-06 AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION AT 5300 DUPONT AVENUE NORTH (CHRISTY'S AUTO REPAIR) 08/12/19 -7- Ms. Beekman reviewed an Ordinance amendment related to rezoning of property at 5300 Dupont Avenue North (Christy's Auto Repair). She added applicants James and Lori Dean had requested an addition at their store, which is currently zoned R2, 1 and 2 family residential district, which would make the business legally non -conforming, and re -zoning is required. Councilmember Ryan moved, and Councilmember Lawrence -Anderson seconded to open the Public Hearing. Motion passed unanimously. No one appeared to address this item. Councilmember Graves moved, and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved, and Councilmember Lawrence -Anderson seconded To Approve ORDINANCE NO. 2019-06 Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification at 5300 Dupont Avenue North (Christy's Auto Repair). Motion passed unanimously. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2019-111 AWARDING THE SALE OF $8,145,000 GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2019A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT Finance Director Nate Reinhardt reviewed the proposed sale of $8,145,000 General Obligation Improvement and Utility Revenue Bonds. He added the proposed bond has been included in the 2019 adopted budget and would be funded.through Utility fees. Mayor Elliott asked if the City of Brooklyn Center is limited to a AA rating due to its economy and whether interest rates play a part. Mr. Reinhardt confirmed this, adding deterioration or weakening of the City's financial profile is a factor. He added a higher rating depends upon the City's economic indicators. Councilmember Ryan moved, and Councilmember Graves seconded to adopt RESOLUTION NO. 2019-111 Awarding the Sale of $8,145,000 General Obligation Improvement and Utility Revenue Bonds, Series 2019a Fixing their Form and Specifications; Directing their Execution and Delivery; and Providing for their Payment. 08/12/19 -8- Motion passed unanimously. Mr. Boganey thanked Mr. Reinhardt and the City's financial advisors, other City Staff that have been involved in this process, as well as the City Council. He added, for a community the size of Brooklyn Center, a AA rating is exceptional. He noted good framework and policies are in place that allows the City to be in this position. Councilmember Graves requested clarification regarding the move from a weak to an adequate economy. Doug Green, Baker Tilly, stated there are criteria for general obligation bonds, and they change from time to time. He added there is nothing the City can do about its rating under the current criteria. Mr. Boganey stated the rating is linked to the City's amount of effective buying income, which increased 7% from 2018 to 2019. He added this and moved the City from below 70% median income, and from a weals to an adequate rating. 10b. RESOLUTION NO. 2019-112 AUTHORIZING THE EXECUTION AND DELIVERY OF A GROUND LEASE AND A LEASE -PURCHASE AGREEMENT, AND APPROVING AND AUTHORIZING ISSUANCE OF LEASE REVENUE BONDS AND EXECUTION OF RELATED DOCUMENTS Mr. Reinhardt reviewed the proposed execution and delivery of a ground lease and a lease - purchase agreement related to the construction of the municipal liquor store. Mr. Reinhardt stated City Staff recommends City Council authorization of execution of a lease - purchase agreement with the EDA and authorizing lease revenue bonds and related documents. The approval includes the issuance of debt of $2.62 million to be repaid over 15 years for construction of the municipal liquor store. Mr. Reinhardt stated the lease agreement and purchase agreement would be conducted between the City of Brooklyn Center and the Economic Development Authority (EDA). City Staff is requesting approval to issue $2.63 million to be repaid over 15 years from municipal liquor store revenues to finance construction. He added an additional resolution would be reviewed by the EDA at a later meeting. Doug Green, Baker Tilly, stated the sale would be negotiated as the demand for municipal bonds surpasses their supply. He added most cities in Minnesota issue bonds, and between 90-95% of all bonds are issued competitively. Councilmember Graves requested clarification regarding the internal agreement between the City and EDA. Mr. Reinhardt stated criteria are established to issue the bonds, which will be provided to construct a building that will be leased out by the City. 08/12/19 -9- Councilmember Ryan moved, and Councilmember Graves seconded to adopt RESOLUTION NO. 2019-113 Authorizing the Execution and Delivery of a Ground Lease and a Lease -Purchase Agreement and Approving and Authorizing Issuance of Lease Revenue Bonds and Execution of Related Documents. Motion passed unanimously. 11. COUNCIL REPORT It was the majority consensus of the City Council to forego Council Reports in the interests of time. 12. ADJOURNMENT Councilmember Graves moved, and Councilmember Ryan seconded adjournment of the City Council meeting at 9:26 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 August 12, 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 26, 2019, Regular Session. Barbara Suciu, City Clerk ike Elliott, Mayor 08/12/19 -10-