Loading...
HomeMy WebLinkAbout2020 03-09 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 MARCH 9, 2020 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Milce Elliott at 6:45 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, and Kris Lawrence - Anderson. Councilmember Dan Ryan was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Community Development Director Meg Beekman, Public Works Director Doran Cote, Police Chief Tim Gannon, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. Mayor Mike Elliott opened the meeting for Informal Open Forum. Tom Kouri, 6416 Willow Lane, stated the 252 Taslc Force has had follow-up contact with Metro Transit, including a February 7, 2020 meeting with a Metro Transit representative. He added the Task Force asked her to take the initiative to support the Task Force and neighborhood needs concerning transit and plans for Bus Rapid Transit (BRT) through the corridor. He noted this would include options for maintaining express bus stops; addressing local transit needs for users on both sides of 252; and ensuring transit users can safely cross 252. The Task Force is trying to work with Metro Transit, to ask them to be a catalyst to drive improvement for the neighborhood. Anew resident stated she moved to Brooklyn Center a few months ago, and she lives near Summit Drive and Earle Brown Drive. She expressed concern regarding the large numbers of parking lot lights in her neighborhood, that are very bright and cause light pollution. She asked whether the City would consider lowering the lights and adding light shades to reduce the amount of light pollution. The resident stated there are many under-utilized buildings with excessive parking in her neighborhood. She asked whether the City has plans for those properties, to reduce the amount A impervious surface. She noted she would like to find out about reducing the number of streetlights first. Mayor Elliott requested the resident's name. She stated her name is Anne Marie Prescott. 03/09/20 -1- Sarah Youngberg stated she was born and raised in Brooklyn Center, and she remembers when there was bus service along West River Road. She expressed concerns that bus service will be returned to West River Road. She added a young girl was killed in 1982 getting off a bus on West River Road, which was the catalyst for getting the road closed. After the road was closed, the neighborhood was safer and more family -friendly. She noted she has heard there will be bus service on West River Road. Mayor Elliott stated there are no plans right now to put buses on West River Road. Ms. Youngberg stated the current proposals for 252 includes an increase in traffic speed. She added the speed on 252 should be reduced immediately which would greatly increase safety. Mayor Elliott stated this could be an issue that the Task Force may be considering. He added the City Council and City Staff are reviewing information related to this subject and will respond to questions. Public Worlcs Director Doran Cote stated anyone can go on the Hennepin County website and find a link for the Highway 252 project where can enter their comments. The official public comment period on the environmental document will be this fall at the earliest. Mayor Elliott asked whether a decision will be made in the fall after the public comment period. Mr. Cote stated municipal consent will be required after the public comment period. Tara McCarthy stated most of MnDOT's plans for 252 include opening West River Road to accommodate traffic trying to access I-94, which will cause an even higher traffic load than in the 1980s when West River Road was closed. She added she hopes the City Council will take the time to review this situation and keep their neighborhood safe. Steven Cooper stated tonight's City Council meeting agenda includes an action item related to Highway 252 which the Task Force believes is premature. The environmental report is not complete, and the public comment period will not be over until October 2020. The Task Force has asked many questions of MnDOT which they are unable to answer, and there is very little information upon which to act. Mr. Cooper stated MnDOT is projecting 110,000 cars per day, a big increase over the current estimate of 605000 cars per day. This increase in traffic will come fiom the north and east and will not be local traffic. This corridor has one of the highest levels of air pollution, and many cases of asthma, which are directly correlated. BRT should be included in the plan now. If the net effect is to increase traffic, pollution, and asthma, the City Council needs to know that in advance. Highway 252 is a road that is designed for traffic going 55-60 miles per hour and expressing support for an increase in traffic and speeds is premature. 03/09/20 -2- A resident stated she saw someone was using their phone to make a video. Mr. Gilchrist stated this is a public forum meeting, and it is being recorded. He added it is permissible for people to make recordings of a public meeting. Councilmember Lawrence -Anderson moved and Councilmember Butler seconded to close the Informal Open Forum at 6*57 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Lawrence -Anderson stated the City of Brooklyn Center is working on implementing safety plans related to COVID-19, and City Staff and Councilmembers plan to listen in to a webinar on Thursday, March 12, 2020. Councilmember Lawrence -Anderson stated a devastating tornado in Nashville, Tennessee last week resulted in many deaths. She added her thoughts and prayers are with the people of Nashville. Councilmember Lawrence -Anderson stated International Women's' Day was Sunday, March 8, 2020. Councilmember Lawrence -Anderson offered two quotes for the Invocation: "The meaning of life is to find your gift. The purpose of life is to give it away." -Pablo Picasso "The purpose of human life is to serve and to show compassion and the will to help others." -Albert Schweizer 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, and Kris Lawrence - Anderson. Councilmember Dan Ryan was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Community Development Director Meg Beekman, Public Works Director Doran Cote, Police Chief Tim Gannon, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. 5. PLEDGE OF ALLEGIANCE 03/09/20 -3- The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lawrence -Anderson moved, and Councilmember Butler seconded to approve the Agenda and Consent Agenda, as amended, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. February 3, 2020, Work Session 2. February 24, 2020, Regular Session 3, February 24, 2020, Work Session 6b. LICENSES HOSPITALITY ACCOMMODATIONS Best Western Plus MECHANICAL LICENSE Avid Heating &Cooling Inc Ditter Inc Sayler Heating &Air Conditioning Inc S.E.W. Enterprises Inc RENTAL INITIAL (TYPE IV —one yeas° license) 2806 66TH Ave N INITIAL (TYPE II — tt-vo year license) 5024 71st Ave N 5133 France Ave N 7130 Fremont Ave N 7119 Halifax Ave N RENEWAL (TYPE IV -one year license) 3012-18 51 st Ave N 5606 Bryant Ave N 5700 Camden Ave N 2050 Freeway Blvd Brooklyn Center 55430 7700 County Road 110 Minnetrista 55364 0 Tower Dr 82 Medina 55340 6520 W Lake St St Louis Park 55426 5621 Highway 12 Willmar 56201 Thown Thor / Wooberg LLC FYR SFR BORROW LLC II FYR SFR BORROW LLC II Sesan Ogunniran /EE & J Investment LLC HP Minnesota I / Pathlight Mgt II Sri Lakshmi Valiveti Marc Silverstein / MNSF II W 1 LLC Daniel Gelb /Quality Residences/ an Dmark Properties, LLC - II 03/09/20 -4- 6618 Camden Dr 5214 Ewing Ave N 5900 Newton Ave N RENEWAL (TYPE III —one year° licer7se) 4953 Zenith Ave N 7200 Camden Ave N Evergreen Park Manor 2018 55th Ave N 6601 Camden Dr 5519 Colfax Ave N 3 018 Nash Rd RENEWAL (TYPE II —two year° license) 5332-36 Russell Ave N 3328 49th Ave N 5323 Brooklyn Blvd 6337 Bryant Ave N 6610 Colfax Ave N 7018 Drew Ave N 5548 Dupont Ave N 5748 Humbolt Ave N RENEWAL (TYPE I — thr^ee year° license) 5801 Irving Ave N 5449 Lyndale Ave N 6206 Scott Ave N 5907 York Ave N 5812 Zenith Ave N owes reinspection fee - Did not meet action plan, missing crime -free housing Hussain Khan - did not meet mitigation plan, missing CPTED My Truong & My Lam / J&M Homes FYR SFR BORROW LLC Matthew Greseth Sean Bannemann Chen Zhou Leroy Massaquoi Ryan Smith Timothy Cavanaugh Douglas Ryan Sherman Kho Chen Zhou My Truong / Park Avenue Homes LLC FYR SFR BORROW LLC Michael A Bocko John Ford Lindah FYR SFR BORROW LLC IH3 Property Illinois LP Kathleen Lemay/Rod Carlson / Living Well Disability Services Marls & Cathy Cocker Xian Qiang Lin /Infinite Property LLC Elizabeth Paredes Rosario 6c. RESOLUTION NO. 2020-34 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT N0.2020-07, WATER TOWER NO. 1 REHABILITATION 6d. RESOLUTION NO, 2020-35 EXPRESSING SUPPORT FOR CONVERTING HIGHWAY 252 FROM AN AT -GRADE EXPRESSWAY TO A GRADE SEPARATED FREEWAY (MOVED TO ITEM 10B) Motion passed unanimously. 03/09/20 -5- 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS -None. 8. PUBLIC HEARINGS -None, 9. PLANNING COMMISSION ITEMS at REQUEST TO DIRECT STAFF TO PREPARE A RESOLUTION FOR THE APPROVAL OR DENIAL OF PLANNING COMMISSION APPLICATION NO, 2020-001 FOR THE ISSUANCE OF A SPECIAL USE PERMIT AND PARKING VARIANCE TO OPERATE A MOSQUE AND COMMUNITY CENTER AT 4900 FRANCE AVENUE NORTH Community Development Director Meg Beekman reviewed a request for a Special Use Permit and parking variance for a mosque and community center at 4900 Avenue. The applicant identified this property as a new location for their mosque and community center after their previous location in Brooklyn Center became unavailable. The applicant wants to remain in Brooklyn Center, where their membership is largely based. The property at 4900 France Avenue N was previously in the I-2 Industrial zone, in which assembly uses are not permitted. An amendment to the zoning district was approved by the City Council on October 28, 2019, which allows religious uses by Special Use Permit. Ms. Beekman stated the property would be used for worship space as well as gathering areas and office space and additional classroom space for youth education and engagement activities. The proposed use occupancy is estimated at 75 attendees each, or 150 total members, at two 30-minute prayer services to be held on Fridays between 12:00 p.m. — 2:00 p.m. The subject property has two 4,000 square foot buildings, a parking lot and an outdoor trash enclosure. The main building at 4900 France Avenue N, which would be occupied first, is currently declared unfit due to water damage over the winter, which would need to be fully mitigated before a certificate of occupancy can be issued. The second building on the site does not meet building and fire code requirements. Ms. Beekman stated the property is located on a cul-de-sac, with an electrical sub -station and adjacent industrial uses nearby, as well as an active railway line. In terms of parking, eight proof - of -parking stalls have been identified onsite. The applicant conducted a traffic study at the request A City Staff, prepared by Alliant Engineering, which estimated that 32 parking spaces could be striped onsite. The traffic study identified a need for 70 parking spaces based on potential trips generated by each prayer service. This constitutes a parking deficiency of nearly 40 stalls. City Staff acknowledges flaws in the parking study based on current membership and not actual occupancy of the property, although the Special Use Permit stays with the property, and parking should be based on occupancy. Ms. Beekman stated a shuttle service is proposed to transport attendees to Friday services and reduce the need for additional parking. The shuttle service would consist of four vans with a 03/09/20 -6- capacity of six persons each. Offsite parking would be available at Broolcdale Christian Center, from whom a letter of agreement has been received. City Staff is requesting that the applicant finalize a parking agreement with Broolcdale Christian Center. Ms. Beekman stated another recommendation from the parking study was to sign the parking stalls in the existing parking lot, to restrict parking to carpool use only. The applicant is open to this requirement, which would be enforced with a designated parking attendant. Single - occupancy cars will be encouraged to use the shuttle service, although the shuttle might prove problematic for attendees who are on their lunch hour. Ms. Beekman stated the traffic study recommended allowing on -street parking along 210 feet of France Avenue N, which is currently signed "no parking". City Staff observed vehicles already parking in these areas, and also in nearby neighborhoods. France Avenue is a 3040ot wide roadway, and Zoning Code requires a 2446ot drive aisle for emergency access and City Staff does not support lifting the parking restrictions. Ms. Beekman stated City Staff have calculated maximum occupancy loads at 346 occupants on the main floor based on 1998 building plans, and Zoning requirements specify 58 on -site parking spaces per service. The City Engineer reviewed the proposal and provided comments related to restriping the parking lot and additional comments regarding the parking traffic study. Ms. Beekman stated the applicant has agreed that the parking lot would be expanded and restriped with an accessible route to 4902 France Avenue, relocation of the outdoor trash enclosure, and a landscape plan to bring the property into compliance with original 1998 plan. Ms. Beekman stated City Staff has concerns about the proximity of the railroad line to the property line, and a requirement has been added for the installation of a fence. The electrical tower adjacent to the driveway is also a concern. Ms. Beelcrrran stated City Staff have provided options to mitigate offsite parking impacts, including removal of the circular building at 4902 France Avenue N, to provide for additional parking; and the requirement that an offsite parking agreement must be filed with the City. The City's standards for Special Use Permits apply to this application. Ms. Beekman stated a public hearing was held at the Planning Commission's February 13, 2020 meeting. After a lengthy discussion and public comment period, the Planning Commission generally noted their support of the applicant's mission but expressed concern about the viability of the property given the investment that would be required. The Planning Commission stressed the importance of installing a barrier between the subject property and the active railway line. There were also questions regarding the shuttle service. Ms. Beekman stated many members of the Islamic community spoke in support of the applicant, and one local resident also spoke in favor. At the public hearing, Imam Dulculy, representing the 03/09/20 -7- applicant, noted that other communities with mosques have strict on -site parking requirements, including Columbia Heights and Burnsville. City Staff contacted these communities, and the mosque in Columbia Heights is a small facility embedded in a residential neighborhood with ample on -street parking. The mosque in Burnsville is situated in a commercial strip mall and has had significant issues with parking and emergency access, and local complaints when mosque attendees park their cars in other commercial businesses' parking lots. Ms. Beekrrran stated the Planning Commission was split on a 3-3 vote, and unable to make a recommendation to the City Council. City Staff is requesting that the City Council direct staff to prepare a resolution for either approval or denial for review at the City Council's March 23, 2020, regular meeting. If approval is recommended, the City Council may include additional conditions. Councilmember Lawrence -Anderson asked whether the requested variance would allow on -street parking. Ms. Beekman stated the intent is that parking would be accommodated on -site with re -striping, separate prayer services with fewer attendees at each service, and provision of a shuttle service. City Staff has expressed concern regarding the implementation of the proposed parking agreement with Brookdale Christian Center. The parking agreement would not be attached to an easement or property ownership, and longevity is not assured. Councilmember Lawrence -Anderson requested clarification regarding on -street parking, and the minimum required width of the street. Ms. Beekman stated the street is 30 feet wide, with an assumed available drive lane of 21 feet or less. She added City Code requires a minimum width of 24 feet for a drive aisle. Councilmember Lawrence -Anderson stated she would not support a 21-foot wide drive lane when City Staff recommends 24-100t width. Mayor Elliott asked whether truck traffic traveling to and from the nearby industrial buildings follows a particular route. at B% e% c ran stated France Avenue is a dead-end cul-de-sac. She added City Staff have observed truck traffic using the cul-de-sac as a turn -around. Councilmember Lawrence -Anderson expressed concern that there was not a consensus at the Planning Commission either to support or deny this Resolution. She asked whether there has ever been another planning application that ended in a tie vote. She stated she would prefer to have a recommendation from the Planning Commission, as the City Council relies on their consideration and recommendations. Mayor Elliott requested clarification regarding Conditions of Approval. Ms. Beekman stated they are listed in the Planning Commission report, and also included in the meeting packet. She added 03/09/20 -8- additional proposed conditions of approval have been identified by City Staff based on the Planning Commission's discussion. Mayor Elliott asked about the proposed condition regarding the removal of one of the buildings to expand parking and limit the Special Use Permit to one building, which would reduce the need for additional parking. Ms. Beekman stated City Staff estimates the current parking demand would be a minimum of 58 on -site parking spaces per worship service. She added the 35 available spaces would be a deficit - based on the occupancy of the circular building. She noted the applicant intends to create the assembly spaces first in 4900 France Avenue, and bring the second building into use in the future, which could double the amount of required partying. Ms. Beelyman stated City Staff noted an option would be to demolish the second building and use the space for parking or restrict its use so that an additional Special Use Permit would be required For future use. Mayor Elliott stated the applicant provided a letter from Broolydale Christian Center that they agree with having parking there, so the applicant can provide a shuttle service to the mosque from their parking lot. Ms. Beekman confirmed this, adding the Condition of Approval related to this is that there should be a formal agreement on file with the City. She added City Code allows for off -site parking under the control of the user, and that is not the case, as the parking is under the control of Brookdale Christian Center. Mayor Elliott left Council Chambers at 7:42 p.m. Councilmember Butler stated the mosque was previously located in a residential area. She asked how parking was accommodated at that location. Ms. Beekman stated the mosque was able to utilize street parking at that location. Councilmember Butler asked whether the Planning Commission reviewed the additional Conditions of Approval provided by City Staff. Ms. B% e% y "n stated the Planning Commission discussed the issues addressed in the additional Conditions of Approval, but they did not add the conditions. Mayor Elliott returned to Council Chambers at 7:46 p.m. Imam Dukuly, representing the mosque and community center, stated there will be 25 partying spaces available on site. He added they have agreed to have two services, and partying will be sufficient. He added he will be coming to the mosque with a van and he can bring his whole Family and other members. He noted many members are old and cannot drive, and they will be carpooling. 03/09/20 -9- Imam Dukuly stated he will not commit himself to restrict the use of, or demolishing, one of the buildings. He added the first building will soon be ready for occupancy. He noted their dream is to occupy the other building as well. Imam Dukuly stated the Brook -dale church has already provided a letter from the church'3 Board for parking that has no time limitation. He added they have a relationship with that church. He noted he provided copies of the letter to City Staff. Imam Dukuly stated the mosque and its members have done everything that the City has asked them to do. He added they spent $4,000 to complete a traffic study on the property that they do not own. He noted the City Council already voted to change the zoning of the property, to make it possible for the mosque to be there. He asked why the City Council would now say they cannot use the property. Imam Dukuly stated there should be no argument on the part of the City Council not to approve this request. He added the mosque and its members have agreed to abide by all the regulations. He noted, however, they cannot agree to the recommended conditions provided by City Staff. Imam Dukuly stated he is tired of coming and asked how many more months this will go on. He added if the City Council agrees to this tonight, it will still be another month. He asked when they will have their place. He expressed concern that the mosque's children do not have a place to go, to have a source of learning, and to bring them up to be responsible citizens. Imam Dukuly expressed frustration that the mosque wants to do something special and add to the community, and the City should support that. He added the City of Brooklyn Center is unique, with people of many diverse cultures all living in one city. He noted the mosque wants to stay in the community, but if this request is denied, he will publicly make it known that the Brooklyn Center City Council did not allow it. Mayor Elliott requested clarification regarding the occupancy requirements for one building. Ms. Beekman stated occupancy was calculated for one level of the tluee-level office building, with the assumption that the upper level would be converted to assembly use. She added, for religious uses, the occupancy of the entire building is calculated, so the maximum for one service is 346 attendees. She noted a minimum of 58 onsite parking spaces would be required if there are two separate services or 116 spaces for one service. Mayor Elliott stated the Board of Brookdale Christian Center provided a letter that grants parking without limitation in terms of duration. He asked how transportation would be handled from the church parking lot to the mosque. Imam Dukuly stated the mosque has four vans that will transport people to the mosque, and parking lot attendants will ensure that the existing parking is used for carpools only. 03/09/20 -10- Councilmember Butler asked whether the applicant has looked into putting a fence along the railroad and whether they have a quote. Imam Dukuly stated they knew that a fence would be required because of the location of the property. He added the Planning Commission told them to contact the railroad and electric facility about adding a fence around the property. He noted they were planning on doing that anyway. Mayor Elliott stated the parking agreement between the church and the mosque provides a clear plan for transporting people to the mosque. He added it makes sense to conditionally approve this request, but make sure that a plan stays on file with the City. Mr. Gilchrist stated, as a procedural note, no resolution for approval is cuz7ently under consideration. He recommended a motion be made to direct City Staff to provide a resolution to approve or deny the request that would be reviewed again at the City Council's March 23, 2020 meeting. Councilmember Graves asked whether the parking management plan would be included in the Findings of Fact. Ms. Beekman stated a condition of approval would be a requirement that a parking management plan would be provided to be kept on file at the City. Councilmember Graves moved and Councilmember Butler seconded to direct Staff to prepare a Resolution to include Findings of Fact for the Approval of Planning Commission Application No. 2020-001 for the Issuance of a Special Use Permit and Parking Variance to Operate a Mosque and Community Center at 4900 France Avenue North. Motion passed unanimously. Mr. Boganey stated another motion may be required if the City Council intends to include conditions. Mr. Gilchrist stated the conditions were discussed when the Planning Commission reviewed this application. He added conditions proposed earlier will be combined with the Findings of Fact and included in the Resolution to be reviewed at the City Council's next meeting. He noted it is not necessary to review conditions unless the City Council intends to provide additional direction. Mayor Elliott requested that City Council provide comments regarding any conditions for approval. Councilmember Lawrence -Anderson stated approval should reflect that the worship services would be separated to reduce the number of individuals and the impact of parking. 10. COUNCIL CONSIDERATION ITEMS 10a. APPOINTMENT OF INDIVIDUALS TO SERVE ON CITY COMMISSIONS 03/09/20 -11- Mayor Elliott stated the proposed appointee to the Planning Commission is Peter Omari. Mayor Elliott stated, about the City's Commissions, the City Council commits to consider Commissioner appointments based on the geographical distribution as well as the make-up of the Commission in terms of gender, religion, ethnicity, race, age, disability, and so forth. Mayor Elliott stated Peter Omari, a supervising attorney for Mid -Minnesota Legal Aid, has lived in the City of Brooklyn Center for 8 years. He invited Mr. Omari to address the City Council. Peter Omari stated he was born in Nairobi and grew up in India, and lived near Brooklyn Center for 10 years, on 49t" Avenue and Dupont Avenue. He added he now lives at 72rd Avenue and Dupont Avenue. He noted he is very happy to be a resident of Brooklyn Center, and he is looking forward to getting involved in City government. Mr. Omari stated he lives very near to Highway 252 and is very concerned about that project. He added he looks forward to creating a sustainable City. He stressed the importance of considering infrastructure that takes into consideration everyone in the community, including those that are less privileged. He noted many residents come from areas that are not life -friendly, and they should feel welcome and have the opportunity to find a place to call home and be treated with respect. He thanked the City Council for the opportunity to serve on the Planning Commission, Mayor Elliott stated Mr. Omari will bring a new, wider lens to the Planning Commission, based on the intersection of all of his experiences, in particular, his housing background. Mayor Elliott moved and Councilmember Butler seconded to appoint Peter Omari to the Planning Commission. Motion passed unanimously. Councilmember Graves asked whether other Commissioners have been re -appointed. Mayor Elliott stated there are Commissioners whose terms have lapsed, but they will continue to serve until he analyzes the requirements he previously noted regarding the make-up of Commissions. He added there will be more appointees. He noted he will not take the approach of re -appointing people who are already Commissioners. Councilmember Graves asked whether Mayor Elliott is doing personal recruitment of new Commissioners. Mayor Elliott stated he makes announcements when he speaks publicly to certain community organizations, asking residents to consider applying for Commissions. 03/09/20 -12- Councilmember Graves stated she fully supports more diversity in the City's Commissions. She added, however, many Commissioners have been serving the City for many years and have expressed their willingness to continue to serve but have not been re -appointed. She expressed concern that they should not feel un-appreciated, which is the message that is sent as they are put on hold while the Mayor tries to find somebody better. Mayor Elliott stated he has expressed his gratitude to the Commissioners for their service. He added some Commissioners have served the City for 30-40 years. He noted he has expressed his appreciation to them personally. The intention of meeting these other objectives should not be construed as a lack of appreciation of current Commissioners. Councilmember Graves asked how many other Commission positions are still open, that have current Commissioners who have not been re -appointed. Mayor Elliott stated the City's policy is that Commissioners whose teen expires will continue to serve until they are re -appointed or until someone else is appointed to their Commission seat. He added the Financial Commission has 1 vacancy; the Housing Commission has 1 vacancy, and the Park and Recreation Commission has 1 vacancy. Councilmember Graves asked whether any of the Commissioners who are cur7ently serving have been re -appointed. Mayor Elliott stated he has not re -appointed any existing Commissioners, but that does not mean that he will not do so. He added he hopes to strike a balance within the Commissions that are reflective of the diverse population of Brooklyn Center. Councilmember Graves stated she supports that goal as well. She added, however, there are many reasons why some groups may not be represented, due to a lack of trust in government, conflicts in schedules, or issues related to childcare or transportation. She stressed the importance of not delaying the re -appointment of Commissioners who have served and continue to serve without being re -appointed. Councilmember Lawrence -Anderson agreed. She added there are volunteer Commissioners who continue to serve although their terms expired in December 2019. She added the Charter stipulates that they can legally do so until they are re -appointed or replaced. She noted these Commissioners have been in limbo since December 2019, and at the very least, deserve to know what the Mayor's intentions are. Councilmember Lawrence -Anderson stated she has been contacted by a Commissioner who is very upset about this situation. Councilmember Graves confirmed that she received a couple of phone calls as well. Councilmember Graves asked Mr. Gilchrist whether there are legal implications associated with Commissioners that have not been re -appointed but continue to sit on Commissions and make recommendations. 03/09/20 -13- Mr. Gilchrist stated there is a provision in City Code for carryover, but it is safe to say that it is not intended to be ongoing, but rather a temporary situation until there is an appointment. He added there is a point at which the legitimacy of the person who has not been appointed to a position could be questioned. Councilmember Graves asked if there is anything she can do to help fill the vacancies. She added she has encouraged the Youth Council to get involved, as they are a very important and diverse group. She noted she completely understands and supports what the Mayor is trying to accomplish, and she knows it is not an easy task. Councilmember Graves reiterated her concern about honoring, acknowledging and re -affirming those volunteers who have stepped up and have been willing to serve for many years, but who are unsure whether they will be re -appointed. Councilmember Lawrence -Anderson agreed. Mayor Elliott stated he understands that Councilmember Graves supports these same goals. He added he acknowledges her concerns about those who have already been serving as Commissioners. He noted he has had conversations about involving the City's youth and has reviewed a model from the City of Northfield for involving youth and younger people in City organizations and commissions. Mr. Boganey stated, in the last weekly update, he included information relevant to this discussion, about a Brooklyn Bridge Alliance initiative based on the Northfield model, He added City Staff intends to provide an additional review at a City Council meeting in the not too distant future. lob. RESOLUTION NO, 2020-35 EXPRESSING SUPPORT FOR CONVERTING HIGHWAY 252 FROM AN AT -GRADE EXPRESSWAY TO A GRADE SEPARATED FREEWAY Mayor Elliott stated he would like the City Council to table this Resolution. He added important discussions have occurred. Additionally, he attended a meeting at the State Capitol last week with City Manager Boganey that included County Commissioner Opat; State Representatives and Senators that represent Brooklyn Center and Brooklyn Park; representatives of Minnesota Department of Transportation; Brooklyn Park Mayor Jeff Lunde and Brooklyn Park's City Engineer, as well as three members of the Minneapolis City Council. Elected officials representing Minneapolis are proposing a bill that would mandate the provision of Bus Rapid Transit (BRT) within the 252 Corridor plan. Mayor Elliott stated Brooklyn Center will be included in this transit discussion, and a City Council review is required to determine what additional language should be included in a Resolution that would indicate support for the plan. He added he is proposing that this Resolution be tabled for Further discussion and consideration. 03/09/20 -14- City Attorney Troy Gilchrist stated, as a reminder of rules for tabling motions when a motion is made and seconded, it is not debatable and must go to a vote. He added tabled motion without a specific time frame must come back to the next consecutive regular meeting, or a specific date can be included. He added a Resolution that is tabled indefinitely cannot be put back on the agenda without majority approval by the City Council. Councilmember Graves requested clarification regarding Mayor Elliott's initial comments and explanation, and how that specifically relates to the proposed Resolution. Mayor Elliott stated the Taslc Force gave a presentation earlier in the meeting and presented information that studies show that, based on the increase in traffic, the 252 Corridor will have the highest levels of asthma and pollution -related illnesses. He added this statistic includes Brooklyn Center and Minneapolis. He noted traffic will be traveling from Anoka County into Brooklyn Center and on to Minneapolis. Mayor Elliott stated the Resolution, which expresses support for conversion of 252 from a highway to a freeway, would also indicate support for the increased speed and the number of cars it will represent, as well as an increase in the number of individuals with related respiratory conditions. He added he suggests including an indication that those issues will be addressed before we can support an increase in the amount of traffic. Councilmember Graves asked how the recent meeting referenced by Mayor Elliott is connected to the transit aspect of the project. Mayor Elliott stated including transit would reduce the number of cars. Councilmember Graves stated transit options are already included as part of the plans for conversion from a highway to freeway. Mayor Elliott stated the City of Brooklyn Center's current plan does not include consideration of BRT. He added North Minneapolis has a study that indicates that transit is warranted. Councilmember Graves asked whether the discussion at last week's meeting at the State Capitol related to the conversion of 252 to a freeway, or whether the purpose of the meeting was to ensure that transit is included as part of the conversion. Mayor Elliott stated concerns were expressed about widening the road because that would mean more cars. He added there are general concerns about converting 252 to a freeway. He noted the City Council should have a conversation regarding conversion of 252 to a freeway and what that will mean for Brooklyn Center and adjacent communities. Mr. Boganey stated the net result of the conversation at last Fridays meeting was that there was a general agreement that it is important to assure that provisions will be made to include mass 03/09/20 -15- transit opportunities as part of the 252 design. He added this type of provision will help to mitigate issues related to an increase in vehicles and carbon emissions. He noted the attendees agreed to work together to ensure that the design is sufficiently robust to allow for future mass transit options. COuncllmember Graves stated the City Council a reviewed the information, provided by the Task Force and representatives from various agencies who have been working on this project for years, that mass transit, and the assurance that community members will have access to opportunities, is a very important concern. Councilmember Graves stated, at its last meeting, the City Council unanimously agreed to address this Resolution at tonight's meeting. Councilmember Graves moved and Councilmember Lawrence -Anderson seconded to adopt RESOLUTION NO.2020-35 Expressing Support for Converting Highway 252 from an At -Grade Expressway to a Grade Separated Freeway to the City Council's next meeting. Mayor Elliott and Councilmember Butler voted against the same. Motion failed. Mr. Gilchrist stated the initial Resolution has not been disposed of, as the motion failed. He recommended a Resolution should be brought by an adopted motion. Councilmember Graves stated she would like to make a motion to table until the full City Council is present to vote. Mayor Elliott stated the motion should be continued indefinitely, and the City Council can review it again at a later date. Mr. Gilchrist stated if the matter is tabled indefinitely, it shall not be rescheduled without at least a majority approval of the City Council. He added the City Council could agree to schedule this for their next meeting. Mayor Elliott stated this should be tabled indefinitely, to give the City Council time to have a work session. He added discussions and developments are underway that would be useful for the City Council to understand. Councilmember Lawrence -Anderson stated she does not support an indefinite tabling of this item. She added a specific meeting date should be stated, and she would like to see this Resolution on the City Council's next meeting agenda. Mayor Elliott stated, before last Friday, the City Council was not aware that Minneapolis was engaged in a discussion regarding this project. He added their elected officials have put forth a bill about this project. He noted he has spent a lot of time reviewing this issue, including the 03/09/20 -16- meeting on Friday as well as follow-up conversations, and the City Council should allow time to fully digest before a resolution is proposed. He noted there should be enough time to subsume the information before this item is placed on a meeting agenda. Councilmember Lawrence -Anderson stated if all pertinent information is provided to the City Council with 2 weeks to review and prepare before the next City Council meeting, that is sufficient. She requested that all information be submitted to the City Council as soon as possible to prepare for consideration at the next meeting. Councilmember Graves agreed. Mayor Elliott stated some are privy to more information that has been reviewed in the last week than others. He added the City Council must consider all the benefits and consequences to the community, and in the end, make the right set of choices as a City Council. Councilmember Lawrence -Anderson requested that Mayor Elliott share any information that he may have that the City Council does not have. She reiterated that all information should be provided for the City Council's review if the Mayor is privy to additional information. Mayor Elliott stated the information he has is based on the meeting he attended last week, and subsequent conversations. He added he will do his best to get the additional information to the City Council. Councilmember Graves stated Mayor Elliott mentioned a bill that was being introduced. She asked for the name of the bill. Mayor Elliott stated he is unsure. Mr. Boganey stated he has a copy of the bill that he will provide for the City Council. He added the bill states that funding for the project should not go forward unless there is a requirement that bus rapid transit will be provided. Councilmember Graves asked what other officials the Mayor has been having conversations with, so she can reach out to them for updates. She added she has spoken with Commissioner Opat. Mayor Elliott stated he spoke with Minneapolis Councilmember Cunningham, and also Councilmember Ellison. Mr. Boganey stated the Council President was also present. Councilmember Graves stated she would reach out to those three individuals. Councilmember Graves moved and Councilmember Lawrence -Anderson seconded to table consideration of RESOLUTION NO. 2020-35 Expressing Support for Converting Highway 252 from an At -Grade Expressway to a Grade Separated Freeway to the City Council's next meeting. Motion passed unanimously. 11. COUNCIL REPORT The City Council agreed to forego Council Reports in the interests of time. 03/09/20 -17- 12. ADJOURNMENT Councilmember Graves moved and Councilmember Lawrence -Anderson seconded adjournment of the City Council meeting at 8:45 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: l . 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 March 9, 2020. 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 March 23, 2020, Regular Session. ike Elliott, Mayor 03/09/20 -18-