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HomeMy WebLinkAbout2020 08-24 CCM Regular SessionMINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 24, 2020 1. INFORMAL OPEN FORUM WITH CITY COUNCIL ��1:��1111C�7�777�17 ►hC�77/.�1[�7J�1�■�[�77�1► 1 The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Mike Elliott at 6:52 p.m. The meeting was conducted via Webex. 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, Economic Development Coordinator Jimmy Lloyd, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. Mayor Mike Elliott opened the meeting for the purpose of Informal Open Forum. Melissa Carey thanked City Staff for responding to her email about the profanity and racial slurs that occur7ed at the City Council's recent meeting. She added she was distressed by it, as the meetings should be inclusive and not harmful to City Staff, the City Council, and residents of Brooklyn Center. She thanked the Police Department for investigating the incident and taking quick action. Ms. Carey encouraged people to speak up when something like that happens, as it is not only the responsibility of people of color to speak up. She stressed the importance of speaking up and interrupting so silence does not come across as approval. Ms. Carey stated she is member of the Multi -Cultural Advisory Committee (MAC), and the Star Tribune recently ran an article about the role the MAC plays in Brooklyn Center. She added the MAC is a good tool to bridge the gap between the Police and the community, and has come up with some good solutions, but she does not consider it a way to enact police reform. She noted the City should appoint a police oversight committee, as so many other communities are doing. Ms. Carey urged the City Council to consider a police oversight and ,reforms committee, to continue to be ahead of the curve. She added she would also support a review of the City's immigration policies, to ensure that Brooklyn Center is an inclusive, immigrant -friendly community. Mayor Elliott thanked Ms. Carey for taking the time to join the meeting. He added he appreciates her comments. 08/24/20 -1- Tara McCarthy stated she would like to address the issue of safety on Highway 252. She added it is confusing to determine whether there are delays or if more in-depth research is being done, to make the project safe for the environment and people's health. She noted transparency about new information is important. Mayor Elliott stated the City will follow up on that issue and ensure that any new information is available to the Task Force. Ms. McCarthy stated she would also support transparency regarding information that was previously made available, as well as new information that the Task Force has not seen y et. Councilmember Graves moved and Councilmember Butler seconded to close the Informal Open Forum at 7*02 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Butler read the following quotes as an Invocation: "The greatness of a community is most accurately measured by the compassionate actions of its members."-Coretta Scott King "There is no power for change greater than a community discovering what it cares out. -Margaret J. Wheatley 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Milce Elliott at 7:03 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, Economic Development Coordinator Jimmy Lloyd, City Clerlc Barb Suciu, and City Attorney Troy Gilchrist. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA 08/24/20 -2- Councilmember Butler moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. August 3, 2020 — Work Session with Financial Commission 2. August 7, 2020 — Continuation Worlc Session with Financial Commission 3. August 10, 2020 — Study Session 4. August 10, 2020 — Regular Session 5. August 10, 2020 — Work Session 6b. LICENSES Garbage Hauler License Sanimax USA LLC 505 Hardman Ave S South St Paul 55075 RENTAL INITIAL (TYPE IV— one-year license) 6207 Chowen Ave Doreen Kalema / Butterfly Bound Care INITIAL (TYPE III —one year license) 5301 France Ave N Lance Rosenberg / Juniper Land Trust 5350 Logan Ave N Matthew Forster / Elbrus MgT INITIAL (TYPE II — ttvo year• license) 2800 67th Ave N Curtis Griffin 5325 70th Cir Boukary Kabore 6712 Drew Ave N Adam Hardy RENEWAL (TYPE IV —one year° license) 5432 Dupont Ave N Xiangming Guan -Met Mitigation Plan RENEWAL (TYPE I —three yeas° license) 904 53rd Ave N Moshe Vorotinov 3000 64th Ave N Infinite Property 1323 67th Ave N All Sajjad / 786 Homes LLC 5348 70th Cir Xin Zhou 5707 Bryant Ave N 5416 Fremont Ave N 7137 Grimes Ave N 6761 Humboldt Ave N 3 813 Janet La 5332 Knox Ave N 2812 Ohenry Rd 6800 Orchard Ave N Lin Shuang LLC Ira Kovalslcy Mains'1 Properties Prosperous Property 08/24/20 -3- 3213 Quarles Ave N Infinite Property 6143 Regent Ave N Patricio Angamarca-Romero - Missing CPTED follow up & CFH 6c. RESOLUTION NO, 2020-064 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, PROJECT NO, 2020-06, 2020 POND MAINTENANCE 6d. RESOLUTION NO. 2020-065 AUTHORIZING XCEL ENERGY TO RECOVER COST OF UNDERGROUNDING BROOKLYN BOULEVARD ELECTRIC TRANSMISSION FACILITIES BY A SURCHARGE TO BROOKLYN CENTER XCEL RATEPAYERS — BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 2, PROJECT NO.2021-05 6e. FIRST READING OF AN ORDINANCE 2020-OS AMENDING CHAPTER 4 OF THE CITY CODE OF ORDINANCES REGARDING WATER CONSERVATION RESTRICTIONS 6f. RESOLUTION NO. 2020-066 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, PROJECT NO. 2019455 70Tx AVENUE STORM SEWER REHABILITATION PROJECT 6g. ANNUAL REPORT ON FRANCHISE FEES Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS -None. 8. PUBLIC HEARINGS -None. 9. PLANNING COMMISSION ITEMS 9a. RESOLUTION NO. lain -067 RELATED TO PLANNING COMMISSION APPLICATION NO. 2020-004 FOR PRELIMINARY AND FINAL PLAT AND SITE, AND RITIT.DING PI AN APPROVAT,S. AND THE FSTARI IS$MF.NT OF A PLANNED UNIT DEVELOPMENT FOR CERTAIN PROPERTIES LOCATED IN THE 6000 BLOCK OF BROOKLYN BOULEVARD (COMMONLY KNOWN AS 6025, 60319 6037 AND 6045 BROOKLYN BOULEVARD), City Planner Ginny McIntosh reviewed requests from C-Alan Homes to develop multi -family triplex units at two different locations: the 6000 block of Brooklyn Boulevard, or the south site, and the 6900 block of Brooklyn Boulevard, or the north site. She added the requested approvals 08/24/20 -4- include a first reading of the proposed rezoning of the properties to Planned Unit Development — Neighborhood Mixed Use (PUD-NMU). The second reading and public hearing for both would be scheduled on September 14, 2020. S. McIntosh stated the development sites are located on two different sets of EDA-owned properties. The City was approached by the developer, C-Alan Homes, a local builder and remodeler specializing in single-family high -end homes, with personal ties to Brooklyn Center. The developer is proposing a series of triplexes on each site, with 3-bedroom, 2-bathroom units, for which rents of approximately $1,850-2,200 would be affordable to 70-80% of the Area Median Income (AMI). The developer has committed to setting aside 20% of the units for Section 8 tenants. Ms. McIntosh stated the recently adopted 2040 Comprehensive Plan addresses the issue of available, diverse housing stock as well as safe, stable and accessible housing options for all residents. She added the majority of the City's rental stock were constructed prior to 1979, and no multi -family residential developments have been constructed since the 1970s. She noted the majority of the City's housing stock falls within a very narrow affordability band. Ms. McIntosh stated, during the 2040 Comprehensive Plan engagement process, residents expressed a need for larger rental units, so they can continue to live in Brooklyn Center as their family's needs change. She added the number of households with families is approaching 40% since 2010, which is higher than Hennepin County averages and the surrounding region. Ms. McIntosh stated 7 new parcels would be created at the south site, and 6 new parcels at the north site. An outlot is shown at the south site containing a section of drive aisle and parking lot, that is requested to be incorporated into the southernmost parcel. The City Engineer provided comments on the plans, which have been included in the meeting packet. Ms. McIntosh stated the second request for both sites relates to the establishment of a Planned Unit Development (PUD) in the Mixed Use District, The PUD would grant flexibility in the Zoning Code to encourage development that would not normally be allowed. The PUD would address front yard setbacks and percentage of 3-bedroom units. Ms. McIntosh stated the triplex units on the south site would have more of a traditional look, while the north site units would have a modern appeal. Both sites would have the same quality fixtures and amenities, as well as concrete patios behind the units. Ms. McIntosh stated a drive aisle from 61St Avenue is proposed for the south site, with aright -out only onto Brooklyn Boulevard, as approved by Hennepin County. She added the north site falls within the Brooklyn Boulevard Phase 2 project area, which was taken into consideration. She noted the north site has the same aesthetics and layouts but a more modern appearance, with main entrance off of Lee Avenue, and additional parking in a separate lot. Ms. McIntosh stated, for the north site, access to Brooklyn Boulevard from the duplexes was not approved by Hennepin County. She added City Staff worked with the applicant to change the site layout and accommodate emergency access only from the site to Brooklyn Boulevard. 08/24/20 -5- Ms. McIntosh stated parking at the south site provides the minimum required parking, or 2 spaces per dwelling unit. She added this is dependent upon relocation of the trash enclosure. She noted parking at the north site insufficient by they should be able to add at least 2 more spaces. Buffers would be required to screen surrounding residential properties from both sites, with sufficient parking lot lighting and external fixtures. Ms. McIntosh stated both sites have landscape plans that exceed minimum requirements, but there are additional opportunities for plantings. She added a tree on the corner of 61St Avenue and Brooklyn Boulevard will most likely have to be removed. Ms. McIntosh stated the memos from the Assistant City Engineer, fire inspector and building official provided staff memos and outlined their comments and requirements. She added City Staff is requesting a final recommendation letter to confirm their determinations. Ms. McIntosh stated a public hearing notice was published June 25, 2020, and notices were sent out to property owners in the area. She added updated notifications were sent as the public hearing was continued to August 13, 2020, updated meeting notifications were sent out, and signage was added to both sites. She noted City Staff received some public comments and she was in touch with owner of Slim's but did not receive any formal commentary back from Slim's. Ms. McIntosh stated these items were reviewed at the Planning Commission's August 13, 2020 meeting at which a public hearing was held, and public comment was received. Some comments related to buffers to provide screening for adjacent properties along the west. She added the applicant has indicated there will be a 646ot opaque fence. She noted there were questions about how the properties would be managed, insufficient parking, and increased traffic. Ms. McIntosh stated the Planning Commission recommended unanimous approval for both applications, with a request to amend the Resolutions to add a condition that the Section 8 units would be evenly distributed among all three floors of the units and not only in the garden level. She added the applicant was willing to comply with that request. Ms. McIntosh stated City Staff has worked with applicant's consultants to determine right of way easements and the site plan's impacts on setbacks. A meeting is scheduled with SRF consultants to review this issue in light of Brooklyn Boulevard Phase 2. City Staff is requesting an amendment to the Resolutions to accommodate potential revisions and adjustments to right of way and setbacks. Mc, 1Vh.Tntnch etated (`itv Ctaff rernmmende arnrnrnyal of Regnliitinng For linth appli0atinng 111411 the requested amendments to setbacks as necessary. She added a motion is also required to approve the first reading of the Ordinance amending Chapter 3 5 of the Zoning Code to rezone the properties to PUD-NMU. Councilmember Graves thanked City Staff for the presentation. She added it is good that they are willing to designate 20% of the development to Section 8 housing, and the Planning Commission's amendment should officially be added to the Resolution. She noted her only other concern is 08/24/20 -6- parking at the north site, but it sounds like that is still being reviewed. She also expressed concern that the AMI bracket is a little above what is the average in Brooklyn Center, but the concession of 20% for Section 8 housing makes the development more accessible to some residents. She expressed support of moving the developments forward. Councilmember Graves stated she is curious about why the south site will be given a traditional look, while the north site has a modern design. Ter7y Robertson, the developer, stated, after negotiations with City Staff, it was determined that since the north site is a little closer to commercial areas and the highway, a modern look would end better. He added there is an additional mini blend mum cost of $25,000 per building to do the modern, contemporary design. He noted City Staff worked very hard to ensure that the developer could provide 20% of the units for Section 8 housing, as requested by the Mayor. Councilmember Ryan stated Brooklyn Boulevard is challenged due to changes that have limited the depth of buildable parcels, impeding commercial development. He added the mixed use concept allows the City to move away from the completely auto -centric pattern of development. He noted this is a very exciting concept that will help set the scene for more appealing multi -modal transportation model for the future of Brooklyn Boulevard. He expressed his support for the development as it will help move the City forward in terms of development. Councilmember Ryan stated he was skeptical about the developer accepting income -limited units in this development, but their flexibility in setting aside 20% of the units for Section 8 housing will help address community needs as Brooklyn Boulevard is developed and improved. Councilmember Butler thanked City Staff for the presentation. She added she is not clear on the parking situation, which is a big concern, as there will be many instances of multi -generational families living in one household due to the current economy. She asked for clarification with regard to parking in the proposals. Ms. McIntosh stated the south site will have a minimum of 42 parking spaces which achieves minimum requirements. She added the parking requirement for the north site is 36 spaces, and they currently have 30 or 31 spaces, but City Staff believes another 2-3 spaces can be achieved in the off -site lot. She noted the units are near the transit stop which is a benefit. Councilmember Butler stated she is concerned that requirement of 2 parking spaces per unit is not being met. Councilmember Graves stated it sounds like they will be able to get 33 or 34 spaces, and she is open to having a conversation about additional on -street parking, or parking in designated City - owned lots. She noted removing medians and moving trash enclosures will free up some additional space. Ms. McIntosh confirmed this. Mayor Elliott stated he is in favor of this proposal, which helps the City move forward in terms of development, adds new housing and helps balance the affordability question. He stressed the importance of striking a balance in terms of affordability as numerous communities around the 08/24/20 -7- country, including San Francisco and Denver, have found that they were not proactive enough in addressing the affordability question when they were developed. Mayor Elliott thanked City Staff for working closely with the developer, and he thanked the City Council for holding up the affordability question. He thanked the Planning Commission for their review, and all the work they did. He added, most of all, he wanted to thank the applicant, as it is great when you have a developer whose heart is in the community and who wants to improve the community and provide access to housing for people who would otherwise have a difficult time finding affordable housing. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO 2020-067 Regarding Planning Commission Application No. 2020-004, for Preliminary and Final Plat and Site and Building Plan Approvals, and the Establishment of a Planned Unit Development for Certain Properties Located in the 6000 Block of Brooklyn Boulevard (Commonly Known as 60255 6031, 6037 and 6045 Brooklyn Boulevard), based on the findings of fact and submitted plans, and as amended by the conditions of approval in the Resolution. Discussion during the motion: Mayor Elliott stressed the importance of affordability in the current economic crisis, with unemployment levels close to that of the Great Depression. He added affordability of housing is central to the stability of families and kids being able to go to school. Councilmember Ryan stated he appreciates all the comments of his colleagues earlier in this discussion, reinforcing the wisdom of the Comprehensive Plan in terms of a creative approach to mixed uses along Brooklyn Boulevard, to enhance future development of the City of Brooklyn Center. Motion passed unanimously. Councilmember Graves moved and Councilmember Ryan seconded to Approve the First Reading of an Ordinance 2020-OS Amending Chapter 35 of the Zoning Code of Ordinances Regarding the Zoning Classifications of the Subject Property located at 6025, 6031, 6037, and 6045 Brooklyn Boulevard, and set the second reading and public hearing for September 14, 2020. Motion passed unanimously. 9b. RESOLUTION NO. 2020-068 RELATED TO PLANNING COMMISSION APPLICATION NO. 2020-005 FOR PRELIMINARY AND FINAL PLAT AND CTTF, ANTI TLTTIT.TIhV(i' PT,AN APPI2(1VAL.0AND'T'AE E.C'TART.ICA1VI1W.NT QF A PLANNED UNIT DEVELOPMENT FOR CERTAIN PROPERTIES LOCATED IN THE 6900 BLOCK OF BROOKLYN BOULEVARD (COMMONLY KNOWN AS 6921, 6927, 6933, AND 6939 BROOKLYN BOULEVARD) Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO, 2020-068 Regarding Planning Commission Application No. 2020-005 for Preliminary and Final Plat and Site and Building Plan Approvals, and the Establishment of a Planned Unit Development 08/24/20 -8- for Certain Properties Located in the 6900 Block of Brooklyn Boulevard (Commonly Known as 6921, 6927, 6933, and 6939 Brooklyn Boulevard). Motion passed unanimously. Councilmember Ryan moved and Councilmember Graves seconded to approve a first reading of an ordinance 2020-006 amending Chapter 35 of the Zoning Code of Ordinances regarding the zoning classifications of the Subject Property located at 6921, 6927, 6933, and 6939 Brooklyn Boulevard, and set the second reading and public hearing for September 14, 2020. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION N0.2020-069 AUTHORIZING STAFF TO PROCEED WITH THE BC BEYOND COVID COMMUNITY INNOVATION GRANT PROGRAM PILOT PROJECT, WHICH WILL BE FUNDED BY THE GENERAL FUND THROUGH THE USE OF AVAILABLE CONTINGENCY FUNDS, Deputy City Manager Reggie Edwards stated the City is proposing three "Beyond Covid" pilot projects that would be undertaken on behalf of its residents. He added one project would fall under CARES Act funding, and two projects are related to funding outside of the CARES Act. The three projects are Community Innovation Grant Program, Community Food Distribution Initiative, and Wi-Fi in the Parks. Dr. Edwards stated the community engagement process involved City Staff interviews with community members, individuals and businesses, to determine their experiences during the pandemic, challenges they have faced and positive aspects that can be leveraged by the City over the next year and a half. City Staff worked with residents to determine areas of focus in services that are new to the City as well as redesign of existing City services. Dr. Edwards stated the community engagement process identified needs in the community related to resources and life essentials, including access to services, job security, housing stability and mental health issues due to isolation. Economic Development Coordinator Jimmy Lloyd reviewed the proposed Neighborhood Innovation Grant program, to allocate funding for services that are not currently provided to Brooklyn Center residents. City Clerk Barb Suciu stated the grant program would provide solutions to challenges residents have experienced due to the pandemic, including mental health support, education, beautification and all projects, crime prevention, clean-up of parks and neighborhoods, election and voter registration, and health and safety resources. She added the program would provide support for an enhanced community image, increased resident economic stability, and creation of a safe and secure economy. She noted the proposal is for 26 grants to be made to the community with a maximum amount of $750 per grant. 08/24/20 -9- S. Suciu stated the goal is to find a community group that would function as program administrator with support from City Staff. Mr. Lloyd stated the grant funding would be available to neighborhood groups, individuals and non-profit organizations in Brooklyn Center. He added it is hoped that the funding will be used for projects that will be useful to residents in terms of sustaining community and learning. He noted projects must be completed within 90 days and accompanied by a brief report. Extensions will be considered on a case -by -case basis. Mr. Lloyd stated the deadline would be October 1, 2020 for submission of Request for Proposals (RFP) from community organizations who would like to apply for the administrative role, with an administrator chosen by November 16, 2020. He added City Staff will begin to market and prepare for incoming applications by January 6, 2021 with the first round of approved grants to begin implementation by March 1, 2021. Mr. Lloyd stated City Staff requests City Council approval of a Resolution authorizing staff to proceed with BC Beyond Covid Community Innovation Grant Program pilot project to be funded by the General Fund through the available use of contingency funds. Mayor Elliott asked how people can find out about the RFP. Mr. Lloyd stated the information will be on the City website and will be sent to organizations with whom the City has existing partnerships, asking them to apply. Councilmember Graves stated she would be happy to share the information on social media, in a few different outlets. Mr. Lloyd agreed. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2020-069 Authorizing Staff to Proceed with the BC Beyond Covid Community Innovation Grant Program Pilot Project, which will be Funded by the General Fund through the use of Available Contingency Funds. Motion passed unanimously. Councilmember Graves requested that City Staff provide the RFP in many different languages to communicate the program details to community members. Mr. Lloyd agreed. Mayor Elliott requested that City Staff connect with media sources that can reach different nnmmnnitiec �a�ithin Rrnnklvn ('antPt• 1�/Tr T.lnvr� avrPPrl Councilmember Lawrence -Anderson left the meeting at 8:21 p.m. 11. COUNCIL REPORT -None. 08/24/20 -10-