Loading...
HomeMy WebLinkAbout2019 08-26 CCM Work SessionMINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION AUGUST 26, 2019 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Mike Elliott at 8:30 p.m. ROLL CALL Mayor/President Mike Elliott and Councilmembers/Commissioners Marquita Butler, April Graves, Kris Lawrence -Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, 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. ORDINANCE AMENDMENT CHAPTER 11 LIQUOR (Cont'd) Deputy City Manager Dr. Reggie Edwards stated 2:00 a.m. liquor operations are recommended to be re-established as recent data shows that an establishment can operate or serve alcohol without causing an excessive number of police calls, and the City has taken a more comprehensive approach to address police calls for service. Dr. Edwards stated City Staff recommends moving the sale of on -sale liquor time to 2:00 a.m. Councilmember/Commissioner Ryan asked how many other neighboring cities have 2:00 a.m. liquor. He added he does not see a competitive disadvantage in this case. He added he is in favor of 2:00 a.m. liquor, but he would be interested in hearing suggestions from City Staff for addressing other related issues. Councilmember/Commissioner Lawrence -Anderson asked whether Police Chief Gannon supports the recommendation. City Manager Curt Boganey stated a team of City Staff, including Police Chief Gannon, were engaged in the process of developing these options. He added it is fair to say that Chief Gannon agrees that the most important issue is finding an effective means to deal with anti -social behavior. Dr. Edwards stated a quick online search shows that the majority of jurisdictions surrounding Brooklyn Center have 2:00 a.m. liquor operations. 08/26/19 -1- Mr. Boganey stated the re-establishment of 2:00 a.m. liquor operations is a tangible way of being supportive of local businesses and alleviating a barrier, as business owners believe they are at a competitive disadvantage. Mayor/President Elliott agrees in favor of moving forward with 2:00 a.m. license. Important that staff comes back with a mitigation plan or some ways of addressing safety concerns. Police Chief Gannon stated the Ordinance amendment stipulates a clearly defined time frame when alcohol has to be removed and can no longer be consumed. He added that does not currently exist, and it is a great addition. The majority consensus of the City Council/EDA was to instruct City Staff to move forward with the proposed amendment to Chapter 11 - Liquor Operations Ordinance. Mr. Boganey stated City Staff would prepare a draft Ordinance for the City Council/EDA's review at an upcoming Regular Session meeting. OPPORTUNITY SITE ENVIRONMENTAL ASSESSMENT DISCUSSION Community Development Director Meg Beekman reviewed City Staff's recommendation for an Alternative Urban Areawide Review (AUAR) for the Opportunity Site. She added the AUAR process is recommended for the Opportunity Site due to its size, complexity and the intensity of the potential development. Ms. Beekman stated City Staff requested proposals from several AUAR contractors and received two proposals as well as one proposal for a collaboration. She added Bolton & Menk was the preferred contractor. She introduced Haila Maze and Angie Bersaw, representing Bolton & Menk. Ms. Beekman stated an AUAR is often required in place of an environmental review for large- scale projects. She added Bolton & Menk, an engineering and planning firm, is experienced in the AUAR process. She noted they are particularly well-suited for this project due to their familiarity with the site. Ms. Beekman stated City Staff is looking for direction from the City Council/EDA on moving forward with this process. She added City Staff recommends developing a contract with Bolton & Menk so work can begin on a full AUAR, the cost of which is approximately $234,000. She noted funding would be available from the TIF Pool #3, which is the fund that is specifically identified with the Opportunity Site. Ms. Beekman stated a fee schedule is currently being drafted that would create a per -acre planning fee as reimbursement to the City from the developer for pre -development work. Angie Bersaw, Bolton & Menk, reviewed the AUAR proposal, an environmental review of a specific geographic area for future development that could occur over many years. She added 08/26/19 -2- the AUAR process is unique as it provides an overview for an entire area and multiple potential projects, linking planning and environmental studies into one process. She noted the AUAR does not signify approvals but rather provides useful information that can be invaluable in considering potential development. Ms. Bersaw reviewed the components of the AUAR, including land use compatibility, waste products, aesthetics and noise, historic properties, air quality, geology, water resources, and transportation. She added the AUAR does not take into consideration issues such as public health and safety, green initiatives, or public controversy. She noted the AUAR's 9 -month process includes special studies, development scenarios and concludes with a formal review and recommendations. Ms. Bersaw stated the environmental review ties together the development master plan and community engagement, as well as the ongoing work of City Staff. She added the resultant studies and analyses would be necessary to gain community benefits tied to implementation. Mayor/President Elliott thanked Ms. Bersaw for her presentation. He added this is an opportunity but also a challenge. He noted he has questions related to the environmental review process. Mayor/President Elliott stated he had reviewed State statute related to environmental reviews. He added the City Council/EDA had not received information on the different types of environmental assessment tools. He added the AUAR is an alternative from the standardized tool that is more heavily used, and he is concerned about the lack of alternatives that have been presented. He noted he is also concerned about the City paying for the AUAR, and not the developer. Ms. Bersaw stated the size and complexity of the development would likely trigger an EAW threshold, and could also require an EIS, that would assess each specific project and threshold within the site. She added the AUAR, alternatively, provides an overall analysis of the area as a whole. Councilmember/Commissioner Lawrence -Anderson asked whether the AUAR includes an EIS. Ms. Bersaw stated the AUAR includes the same type of analysis as an EIS, but it is called something different. She added the AUAR provides an EIS level analysis of the entire geographic area rather than one project area at a time. Mayor/President Elliott asked how long the AUAR would be useful. Ms. Bersaw stated the AUAR must be updated every five years by State statute. She added it is a much simpler process than the initial review. Ms. Beekman stated it is too early in the process to initiate an EIS, as there is no project to evaluate. Ms. Bersaw agreed, adding the AUAR process is proactive, reviewing potential development scenarios before any specific projects are proposed. 08/26/19 -3- Councilmember/Commissioner Graves stated she understands the different concepts, and the AUAR is appropriate as it is not dependent upon a particular project. Councilmember/Commissioner Ryan agreed, adding he supports the Community Development Director's recommendation. Mayor/President Elliott stated the City Council/EDA should consider whether to spend $234,000 of taxpayer money on potential development. He added he would support waiting until the development is more concrete and the developer can pay for the environmental review. Mayor/President Elliott stated many community members, including the Opportunity Site Steering Committee, is very knowledgeable about this process and are concerned about moving forward with the AUAR. He asked why it is necessary to begin the AUAR now if the purpose is to assess the environmental impact on the community and it is the developer's responsibility to provide that information. Councilmember/Commissioner Butler asked what other expenses will be associated with the total cost of the AUAR of $234,000. Ms. Beekman stated the Opportunity Site development plan is too large for any single developer to manage. She added the private market would not be able to take on an impact study for the entire site. She noted there would be overall cost savings as the AUAR will remove barriers to development as they arise over time. Ms. Beekman stated it is not expected that the City will pay the entire cost of the environmental study. She added, similar to other types of development fees, there is general reimbursement from the developer when risk has been removed. Councilmember/Commissioner Lawrence -Anderson stated, in terms of the development process, this is a policy issue. She added she supports deferring to the experts in this field, and trust that City Staff and consultants will steer the City in the right direction. Councilmember/Commissioner Ryan stated costs associated with environmental studies could be an issue of negotiation with the developer. Ms. Beekman agreed, adding it is a typical mechanism for a City to be repaid by the developer for such associated costs. Councilmember/Commissioner Ryan stated while these activities are expensive, they must be completed to avoid a major obstacle to development. He added he supports moving forward with the AUAR. He noted the development would result in hundreds of millions of dollars in development for the City of Brooklyn Center. Mayor/President Elliott stated he does not feel that City Staff has shown that the AUAR will provide benefits that an environmental impact assessment would not. He added the entire project should be considered when determining the need for an EIS. He added it is possible to get a comprehensive site review without spending taxpayer money. He noted there are references within State statutes regarding connected phases that indicate that an EIS is sufficient. Mr. Boganey stated a developer could come in with a proposal for the southern 10 acres of the site, and there may be phases within that proposal. He added State statute refers to connected 08/26/19 4- phases within that small portion of an overall development that may be related to each other, and the EIS relates only to projects within the 10 acres. He noted the AUAR is beneficial for the development because it provides an assessment of the entire 80 -acre site. Councilmember/Commissioner Butler expressed her concern that City Staff has only presented one proposal, and the cost is very high. She added the City Council/EDA should have more options to review. She noted she finds it unsettling to be expected to decide after seeing only one proposal. Mayor/President Elliott agreed. Mr. Gilchrist stated he agrees with Mr. Boganey's assertion. He expressed the importance of preventing developers from dividing up a project to avoid triggering environmental reviews. He added he recommends undertaking a review process that can be completed in advance of potential development. Mayor/President Elliott stated it is not necessary to complete an environmental study when there is not an actual development proposal. Councilmember/Commissioner Ryan stated the purpose of this approach is to be ready when development proposals are made. He added waiting for potential development would represent a greater cost. He noted he supports moving forward with City Staff's recommendation. Mayor/President Elliott stated he supports considering a review process that taxpayers would not have to pay for. He added he agrees with Councilmember/Commissioner Butler that the City Council/EDA should see more options before moving forward. Mr. Boganey stated the primary and most important reason for moving forward with this approach is that it enhances the City's ability to attract developers and reduces potential barriers to redevelopment. He added having the AUAR in place will facilitate the process and provide future developers with useful and valuable information that will encourage them to move forward. He noted the City could get reimbursed for most or all of the investment costs. Councilmember/Commissioner Butler stated she could not support it without seeing more options. She asked why only one proposal has been presented. Ms. Beekman stated additional proposals were sought, but only three were received. She stated City Staff could seek additional proposals from other firms. Councilmember/Commissioner Butler stated she is not concerned with the developer's timeline. She added she cares about ensuring that the community is involved in the process, and she is concerned about spending taxpayer money. She stressed the importance of having the community at the forefront of planning for this development. Councilmember/Commissioner Ryan stated he is concerned about how taxpayer dollars are spent. He added he is also committed to receiving community input. He added the overall cost would be higher if the reviews are done one at a time. He noted he is in favor of moving forward. 08/26/19 -5- Councilmember/Commissioner Graves stated she feels ready to move forward, and she is comfortable with the AUAR as recommended by City Staff and experts in the field. She added she agrees it is a lot of money, but the City must be proactive and look at the entire site. She noted she does not feel rushed, but she does want to keep the momentum moving forward. Councilmember/Commissioner Graves stated City Staff had provided sufficient information for the City Council/EDA to make an informed decision. She added she had not received any comments or feedback from residents who are opposed to the AUAR. Mayor/President Elliott stated the City Council/EDA should review more proposals considering the amount of money that will be spent. Ms. Beekman stated three responses were received. She added City Staff could reach out to other consulting firms. Mr. Boganey stated purchasing policies, and State law indicates that professional services selection must be based on qualifications and not lowest price. He added additional proposals could be considered, but it would not be a competitive bidding process. He noted any additional proposals would have had access to what has been proposed tonight as it is public information, Councilmember/Commissioner Lawrence -Anderson requested a consensus from the City Council/EDA. Councilmember/Commissioner Graves stated, for purposes of clarification, City Staff sought proposals from 3 consulting firms who are environmental experts in this region, and two proposals were received along with one suggestion for a collaboration. Ms. Beekman confirmed this. Councilmember/Commissioner Graves stated she is willing to move forward with the AUAR proposal. Councilmember/Commissioner Ryan stated he is also willing to move forward. Councilmember/Commissioner Lawrence -Anderson stated she is willing to move forward. The majority consensus of the City Council/EDA was to move forward with the AUAR proposal from Bolton & Menk. ORDINANCE AMENDING THE PUBLIC DANCE ORDINANCE TO THE ENTERTAINMENT ORDINANCE Dr. Edwards reviewed a proposed amendment to the Public Dance Ordinance, which is proposed by a committee of City Staff that worked on this issue. He added the intent is to focus on anti- social behaviors that result in police calls rather than the type of establishment or its operations. He stressed the importance of regulatory policies for mitigating or preventing behaviors. He noted it is assumed that regulating liquor from 1:00 a.m. — 2:00 a.m. would not be sufficient enforcement given the diversity of police calls that are received. 08/26/19 -6- Police Chief Tim Gannon stated there were less of the same types of calls from 2017-18. He added those figures could be provided to the City Council/EDA. Councilmember/Commissioner Graves stated she is pleased with the recommendation, as it complements the liquor ordinance amendment. She asked whether the new Ordinance will incorporate both live music and public dance. Mr. Boganey stated the City has a dance permit license process, and under the Zoning Ordinance, anyone providing live entertainment needs a special use permit. He added the intent is to have one process. Councilmember/Commissioner Butler stated she supports moving forward with City Staff's suggestions. Councilmember/Commissioner Ryan agreed. Councilmember/Commissioner Lawrence -Anderson agreed. Mayor/President Elliott stressed the importance of considering nearby residents and neighborhoods due to noise. 1601 JAMES CIRCLE DEVELOPMENT UPDATE The developer indicated he would be willing to table this item to a future City Council/EDA meeting due to the late hour. MAYOR/COUNCIL OFFICE DISCUSSION Mayor/President Elliott stated this item could be tabled to the next City Council/EDA meeting. Councilmember/Commissioner Ryan stated this issue could be addressed at the City Council/EDA's next retreat. ADJOURNMENT Councilmember/Commissioner Graves moved, and Councilmember/Commissioner Lawrence - Anderson seconded adjournment of the City Council/Economic Development Authority Work Session at 10:35 p.m. Motion passed unanimously. 08/26/19 -7- 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: That attached hereto is a full, true, and complete transcript of the minutes of a Work Session of the City Council of the City of Brooklyn Center held on August 26, 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 September 9, 2019, Regular Session. Barbara Suciu, City Clerk 08/26/19 -8- Mike Elliott, Mayor