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HomeMy WebLinkAbout2020 07-13 CCP MINUTES 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 JUNE 8, 2020 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. 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, Director of Public Works Doran Cote, Community Development Director Meg Beekman, Community Development Deputy Director/HRA Specialist Jesse Anderson, Fire Chief Todd Berg, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. Mayor Mike Elliottopened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. CouncilmemberRyan moved and Mayor Elliott seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Butler requested one minute of silence as an Invocation to reflect on the recent murder of George Floyd and all that has transpired in the last two weeks as a result of it, and for anyone who has been negatively impacted by the judicial system or police system over the years. She readthe following quote: “Although the world full of suffering, it is also full of overcoming it.” -Helen Keller Councilmember Butler stated, despite the recent events, she has been inspired to be part of peaceful protests and watch them happening around the world, and to see the actions that have already come out of these global efforts. 06/08/20-1- DRAFT 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott at 7:00 p.m. 4. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Public Works Doran Cote, Community Development Director Meg Beekman, Community Development Deputy Director/HRA Specialist Jesse Anderson, Fire Chief Todd Berg, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA CouncilmemberRyan 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. May 26, 2020 – Study Session 2. May 26, 2020 – Regular Session 3. May 26, 2020 – Work Session 6b. LICENSES AMUSEMENT DEVICES 2105 57th Ave N Theisen Vending Company Brooklyn Center, 55430 2590 Freeway Blvd Theisen Vending Company Brooklyn Center, 55430 GARBAGE HAULER Farmers Union Industries PO Box 319 Midwest Grease Redwood Falls, 56283 10050 Naples St NE Waste Management - Blaine Blaine, 55434 HOSPITALITY ACCOMODATIONS 1600 James Circle Quality Inn Brooklyn Center, 55430 06/08/20-2- DRAFT MECHANICAL LICENSE 4918 W 35th St AirTech Thermex LLC St Louis Park, 55416 3095 162nd Ln NW Larson Plumbing Andover, 55304 RENTAL RENEWAL (TYPE I – three-year license) 7018 Regent Ave N Danny Vo 6c. RESOLUTION NO. 2020-053 ESTABLISHING PARKING ST RESTRICTIONS FOR SEGMENTS ON 51 AVENUE FROM BROOKLYN BOULEVARD TO XERXES AVENUE 6d. RESOLUTION NO. 2020-049 ADOPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2019 Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2020-050 RECOGNIZING THE RETIREMENT OF FIREFIGHTER JOHN POLZ FOR 20 YEARS OF SERVICE WITH THE BROOKLYN CENTER FIRE DEPARTMENT Mayor Elliott read a Resolution in full recognizing John Polz for 20 years of service to the City of Brooklyn Center Fire Department. Councilmember Ryan Moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2020-050 Recognizing the Retirement of Firefighter John Polz for 20 Years of Service with the Brooklyn Center Fire Department. Motion passed unanimously. Mr. Boganey expressed his gratitude and appreciation to Mr. Polz for his service to the Fire Department, and the citizens of Brooklyn Center. Fire Chief Todd Berg stated he wished to acknowledge Mr. Polz for his 20 years of commitment to the community. He added Mr. Polz was unable to join the meeting tonight as he is at his full- time job. He noted Mr. Polz’ wife was on the meeting, and he thanked her for her willingness to provide support to Mr. Polz over his 20 years of service. 7b. RESOLUTION NO. 2020-051 RECOGNIZING REGGIE SMART FOR 25 YEARS OF SERVICE TO THE CITY OF BROOKLYN CENTER 06/08/20-3- DRAFT Mayor Elliott read a Resolution in full recognizing Reggie Smart for 25 years of service to the City of Brooklyn Center in the Public Works Department. Councilmember Ryan moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2020-051 Recognizing Reggie Smart for 25 Years of Service to the City of Brooklyn Center. Motion passed 4-0. Councilmember Lawrence-Anderson did not respond. Mr. Boganey expressed his appreciation for Mr. Smart and his commitment to lifelong learning and personal growth. He added Mr. Smart did his job well, and enjoyed doing it, and always sought to do it better. Public Works Director Doran Cote expressed his appreciation for Mr. Smart. He added Mr. Smart is one of the smartest people he has ever had the pleasure of working with, and he will be sorely missed in the Public Works Department. He noted Mr. Smart has chosen to move on and live the life of a gypsy. He wished Mr. Smart the best in his future endeavors. 7c. RESOLUTION NO. 2020-052 RECOGNIZING MARK REINKING FOR 42 YEARS OF SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Elliott read in full a Resolution in recognition of Mark Reinking for 42 years of service to the City of Brooklyn Center. Councilmember Ryan moved and Councilmember Gravesseconded to adopt RESOLUTION NO. 2020-052Recognizing Mark Reinking for 42 Years of Service to the City of Brooklyn Center. Motion passed 4-0. Councilmember Lawrence-Anderson did not respond. Mr. Boganey thanked the City Council for providing recognition to Brooklyn Center’s employees. He added he has learned over the years that employees rarely leave an organization when they have the opportunity to continue to develop and grow within their jobs. He noted credit should be given to the City’s managers and supervisors who create an environment where people want to stay and work and are given the opportunity to improve. Mr. Cote expressed his appreciation for Mr. Reinking, who has been a strong and fair advocate for the labor union. He added he has been committed to the organization, and the Parks and Recreation Department, for many years, and he considers him to be a close friend. He noted Mr. Reinking will be greatly missed. Mark Reinking thanked everyone for the opportunity to work for the City of Brooklyn Center. He added it has been an honor and a privilege, and he is grateful for all the support he has been given. He noted he will truly miss the place. 06/08/20-4- DRAFT Councilmember Ryan expressed his appreciation for the service of these long-serving employees. He added he greatly admires their commitment to service to the City of Brooklyn Center. He noted he hopes that the City can continue to be a great employer despite the challenges it faces, and continue to encourage and develop its employees, which are a valuable asset. Fire Chief Todd Berg expressed his appreciation for Reggie Smart and Mark Reinking. He added he has had the privilege to work with Mr. Reinking for the past 10 years on a daily basis. He noted these employees will be missed. Mr. Boganey stated, as Mr. Cote mentioned, Mr. Reinking was a union official and he always fought hard for the best interests of the members of the union. He added he has never worked in an organization that had a collective bargaining group as committed to the community and City they served as they were to their members. He noted this was shown frequently at the table and through dispute resolutions, and the City has been fortunate to have this type of union leadership over the years. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2020-04 AMENDING CHAPTER 3 OF THE CITY CODE OF ORDINANCES Deputy Community Development Director Jesse Anderson reviewed a proposed Ordinance amendment to bring the City’s building code into alignment with the State of Minnesota building code, amendments to which were adopted in 2020. He added these changes are intended to clarify interpretation of the Code. He reviewed the proposed changes. He noted the amended Code, if adopted, would be effective July 8, 2020. CouncilmemberRyan moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. No one appeared to address this item. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and CouncilmemberButler seconded to adopt ORDINANCE NO. 2020-04 Amending Chapter 3 of the City Code of Ordinances Regarding the Administration of the State Building Code. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 06/08/20-5- DRAFT 9a.PLANNING COMMISSION APPLICATION NO. 2020-002 FOR PLANNED UNIT DEVELOPMENT AMENDMENT NO. 9 TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT Community Development Director Meg Beekman reviewed a request for an amendment to the Shingle Creek Crossing Planned Unit Development (PUD). She added, if approved, this would th be the 9amendment to the original PUD, which dates back to the original Brookdale Mall. She noted the City Council rezoned most of the property in 1999 from the C-2 district to PUD C-2. The Shingle Creek Crossing PUD was approved in 2011. This included 760,000 square feet of the 1.1 million square foot mall was demolished to pave the way for a new retail center. Since then the Shingle Creek Crossing PUD has been amended eight (8) times for future alterations and demolition of the remaining mail; replatted/revisions to certain building pad sites; and amended to allow for other approved uses within the Shingle Creek Crossing shopping center. Ms. Beekman stated City Staff was approached by attorney Matthew Wolf, representing Gatlin Development, the Shingle Creek Crossing LLC property owner, regarding proposed development of a stand-alone car wash on Building Site E. She added to help marking and development of PUD, including proposed car wash, the applicant is requesting PUD amendments to delete Section 4.A of Declarations ad PUD Concepts, which requires 4 SCC lots to be used for eating establishment uses, which included Building Site E; revised list of uses currently allowed within the PUD; and in general, bring the PUD and associated declarations back into sync given numerous amendments that have occurred since 2011. Ms. Beekman stated this amendment would remove a restriction from development of other uses in the PUD, including educational use, day care use, and veterinary clinics. She added removal of these restrictions is proposed to help to bring the PUD into alignment. She added the applicant originally included gasoline service stations in listing of uses to now be allowed in the PUD but after some discussion with staff and looking at the C-2 District, it was removed. Ms. Beekman pointed out that on the application, the applicant included language that referred to the C-1 District but this area is zoned C-2. This is just to thatthese are allowed within the Central Commerce Overlay District. Also, if this development is approvedthis evening the developer has indicated he would come forward together with proposed user for building safety that is interested in developing a standalone car wash on that site. The request specifically speaks to the site plan which would allow for reduction in building size and also reduction in the parkingsize and to re-orient the building and setbacks. Ms. Beekman stated the developer has indicated they would present a proposal for a stand-alone car wash on Site E if the Ordinance amendment is approved. She added the developer is aware that any necessary changes to the building site due to the car wash use would require additional amendments. She noted the developer feels these changes are necessary to simplify the process and accommodate the end user. Ms. Beekman stated Section 35-355 Planned Unit Development requires development plans to be in substantial compliance and require PUD amendments in cases where the number of 06/08/20-6- DRAFT dwelling unit, if any, has not increased or decreased by more than 5%; the floor area of non- residential areas has not increased or decreased by more than 5%; no building or has been increased in the number of floors; Open space has not been decreased or altered from its original design or use; and lot coverage of any individual building has not been increased or decreased by more than 10%. Ms. Beekman indicated the applicant is requesting these changes now rather than at the time of the application for the proposed car wash in order to streamline the process for the developer of the potential car wash. The applicant, Gatlin Development, and the car wash developer worked together to get the site plan as close to final as possible and recognizes the risk should the plans change. Ms. Beekman stated the current use requirement of eating establishments on Building Site E requires parking ration of 10 parking spaces per 1,000 SF of building. The PUD does not factor parking needs for car washes. Assuming 4.5 parking spaces per 1,000SF (retail use), a minimum of 16.5 on-site parking spaces would be required. The submitted plans reflect 17 parking spaces and two stacking queue and exit lane. The proposed site plan would remove a row of parking along the eastside of Building D (Aspen Dental). Staff reviewed and it appears Building Site D would maintain the minimum 50 on-site parking spaces it requires. The site plan reflect north setback Ms. Beekman stated he Planning Commission held a virtual public hearing on May 14, 2020, of which public notice was given. She added the developer and car wash owner were on the meeting to answer questions. She noted the only comment that City Staff received was from Bank of America, located next to Site E, who asked to be notified when the car wash proposal is received by the City. Ms. Beekman stated the Planning Commissioners had a robust conversation about whether Site E is the right location for a car wash. She added they expressed concerns about design standards. She noted the Planning Commission voted unanimously to recommend City Council approval of the request. Ms. Beekman stated City Staff recommends City Council approval of the proposed amendment to the Shingle Creek Crossing PUD based on the findings of fact and submitted plans based on the. She added the developer and representatives were on the meeting to answer questions. Councilmember Graves stated she is open to discussing the Ordinance amendment but would like to see something different at that site, as that is one of the few places left that has beauty and amenities. She added, however, she would support the car wash use if it is in alignment with other surrounding uses. She noted she feels there is probably a better location in Brooklyn Center for a car wash. Elliott: Are there any Councilmember questions? (1:00:48) Ryan: Meg I appreciate the presentation. I can understand the need to put in more flexibility into this PUD amendment. I have some questions about repurposing these four pads, because one of the things I get the most complaints about from my constituents is why aren’t there more restaurants in Brooklyn Center. Perhaps you, or I understand Mr. 06/08/20-7- DRAFT Gatlin is with us this evening, perhaps we could hear from you or Mr. Gatlin about marketing efforts and why it is that over such an extended period of time, we have not received more interest in having restaurants located in Shingle Creek Crossing or elsewhere in the city. Gatlin:For over 10 years I have tried and tried and tried, I knew the City and community wanted restaurants, including myself. There’s nobody tried harder than me. Since this project started, September 12, 2012, we started marketing it 10 years ago. we have marketed every national and local restaurant that we could possibly do. I had Mid-America, and recently changed to Upland to get fresh eyes on the project. We have tried for 10 years. If you asked me why, it’s hard for me to answer, because it has all the elements I have been doing for 45 years. Over 75 Wal-marts, very similar to what you have there. I have been very successful in most of them in getting restaurants. The only thing I can tell you is the income levels, they seem to be less than what restaurants are seeking to be able to put the investment they need to put in. I get that thrown at me a lot. But I can promise you one thing. I have not turned down one possible restaurant. Back when I was working with Curt, Meg, and others, we tried to put a Mexican restaurant on the Bank of America pad, and the City was willing to subsidize it, and I tried everything I could and we didn’t get it. Now we have the Bayou Crab restaurant that is getting ready to open next to liquor store, 5,000 square feet, we were able to get. I was thrilled to be able to get that one. What I’m being handicapped by right now is something that is out of my control. We are not by any means with this amendment going to stop trying to get or looking for a restaurant. This just gives me a fair playing field against everyone else in the neighborhood and the community that we will be able to seek others and not be stuck with having to have a restaurant. I have felt confident that if I brought you another tenant, you would approve it if it is a good tenant, and you were okay with it. This has cost me $250,000 a year in taxes on these properties, that’s $2.5 million. Over $500,000 in maintenance, even though they are vacant. Over $2 million in interest for holding the properties. I am now $5 million in dead money trying to get back and break even, just in interests and taxes. One thing that is worse than not having a restaurant, and that’s not having anything at all. And my goal is to finish the project, with whatever the market is. When I came to your city 10 years ago it was a different environment. In the last 3 months, look at what’s happened. In the past 10 years, shopping centers have changed, and I am trying to be able to change with it and successfully fill this development up. The car wash that we are presenting is a multi-million-dollar facility. I have done 10 of them across the country. Just finished several beautiful ones here in Florida. It will compliment that area. This is not a boring building by the side of the road, this is fully automated, and the façade will complement the rest of the development. Something that will fit right in. It is the only lot that it works on. The last time I was there, a year ago, September 2019, in person, and spoke with you all, and I mentioned I had a car wash. We were going to put it by the Sears. Sears turned me down, would not let me put it on 06/08/20-8- DRAFT parcel T no matter what I did, and I wasted months, tried everything I could. Now we have a new buyer, local here in Brooklyn Center, who wants to put facility up. I’m asking humbly to let us put this parcel into commerce and give the City something it needs. It is definitely lacking a first-class car wash. I have pictures, I think Meg has them, gorgeous projects across Florida. Back to restaurant specifically, for the last 10 years, I have done 20 or so Wal-Mart centers, and put in 60-70 restaurants. It’s not my fault. It’s not your fault. It’s not my broker’s fault. We have given it the best we can. Every broker in the Twin Cities know about Shingle Creek. And yet we have failed. I don’t like failure, and I don’t like to admit failure, but I can’t make something happen that is not there. God knows I have tried, I have put money, time and energy into it. I’m not asking to let it go away, I’m just asking let me have what everyone else has, and try to bring tenants in and turn it into job producing projects that will create income and jobs, and hopefully I will be able to come in with another flex building or two and attract more restaurants. But as far as me being able to get a free-standing restaurant, I have not been successful. If it was 1 or 2 years, I’d say give me more time. But after 10 years, we have to accept reality. I can’t make them do it. When we did get interest (in putting a restaurant on the site), we haven’t had it in 2 years, when we did have it, they passed on us. It wasn’t because I was asking too much. I knew I could come to the City and get some help, because the City wanted restaurants. Ryan: Mr. Gatlin, I appreciate you joining us this evening and sharing what has been your experience. I think it’s essential that you have the opportunity to bring that into the record to explain this challenge. As much as I have gotten that complaint from so many of my constituents, they need to hear what the real conditions are and how you have worked very hard to address that request on the part of so many residents of the City who desire to have a restaurant, like we used to have when Brookdale was thriving and vibrant, in the 1980s and 1990s. As we know, so much has changed. Going forward, there are things that the City can do to address this which is to bring in not just housing for the very lowest income households but a broad spectrum of housing, will bring a diversity of incomes. If we can raise the local median income of our City. As much as I am proud of the diversity of our City, to this point, we are struggling with the fact that diversity has brought lower income (1:11:48). And I think we need to recognize that and that the challenge of affordable housing is a regional challenge that will require a regional solution and cannot be solved simply by the City of Brooklyn Center. So if we brought in, for example, a significant number of market rate apartments across Bass Lake on the opportunity site, that would breathe new life into Shingle Creek Crossing. That’s what I hope we can do. I am very supportive of this proposal. I would imagine your interest in placing it where you want to place it, there is validity in that there will be high visibility that will draw traffic. Is that a fair assessment? Gatlin:That is 100% correct. I don’t know all your plans for across the street, Meg has shared some of it with me, and what I’ve seen in the press. If you all are successful in bringing in an entertainment component such as a movie theater or any type of entertainment, that 06/08/20-9- DRAFT will make a huge difference for Shingle Creek Crossing. Any type of entertainment that can be brought in and more restaurants, it will always go back to action begets action. If we can get it started, get some residents across the street, and some entertainment, we will have a domino effect. If we can work together and get something like that to happen across the street, or even the Sears building if something would happen where we could come up with a use, that would make a major difference. Ryan: I hope that the City Council will understand that successful redevelopment in a community like ours entails a successful public/private partnership. And I appreciate you being here this evening. Gatlin: As I said to the Commissioners, I just put in permanent financing, a 10-year loan on the project. This has been one of the most challenging developments of my career, but I am committed to it, I am going to see it completed. I want to have good uses for it and get it finished for all of us. Elliott: I do want to comment on my dear friend Councilmember Ryan’s comments. I hear you say as part of your analysis that diversity brings lower income. Is that correct? Ryan: I am looking at the data. That’s a very extended conversation about how we can bring people out of lower income status, and I think my memory goes back farther than I would like to think about, President Johnson’s War on Poverty. The United States, as well as our region and Statewide, we have not had the greatest success with that. Hope springs eternal. I think there are a number of issues, in the context of what has happened in recent days and the promise of greater reforms, that we can look at a broader spectrum of socio-economic issues and how to address them. But inevitably, as we become more diverse, the data shows we have become by household or individual income, poorer. This is not a problem that Brooklyn Center can solve on its own. These are regional, statewide, national problems that require solutions on that scale. What we have done, with the Coronavirus challenge, we have stepped up and made a commitment to assist our local and minority micro-business, which we should, and I support that. I want to see the level of opportunity that I experienced as a young man, for everyone. And that’s a larger conversation. But as far as the consequences of the City doing financial and real estate redevelopment, we have to look at what will place us strategically in a better place the next 5, 10, 20 years. And that is not something we can really escape. I’m sure the staff will have more focused options available to us as time goes on. I wanted to raise that because we should think about that holistically, while at the same time recognizing that we may have little leverage. Elliott: I wanted to get clarification on what you said. Your premise. It’s important that we have conversations like this but I want to respectfully disagree with your premise. Because I think the facts bear something different out. I don’t think, again respectfully disagree, I don’t think diversity brings poverty, or brings lower income to a community. I honestly sincerely beg to differ. And the federal reserve bank of Minneapolis conducted a study, the African immigrant population alone brought in $2.5 billion in earnings during 2015. Households paid $419 million in federal taxes and $222 million in state and local taxes. 06/08/20-10- DRAFT We estimated $81 billion in spending power. And that’s despite its relatively small size. That community, according to federal reserve bank makes “significant contributions to Minnesota’s economy”. That particular community, for example, is heavily represented in industries and fields that represent health care, nursing, highly entrepreneurial, so I sincerely disagree with your premise. I don’t think diversity is going to lead to more poverty or lower levels of income. I think that two things happening at the same time, correlation does not equal causality. You may see that perhaps we got more diverse when average incomes went down, when we were hit with the worst recession we have had in 2008. We know we also have struggled economically but it does not mean that minorities are the cause of Brooklyn Center’s struggles financially. And I will say that DEED and the governors have stated repeatedly that they do not believe that increased diversity causes poverty. Now you are saying we need to do what we need to do to make sure that the next 5, 10, 15, 20 years are economically viable for Brooklyn Center. So, if we want to do that, according to DEED and the governor, 70% of Minnesota’s economic growth is coming from the State’s people of color, from the diverse communities. So objectively I would submit that if we want to be at the forefront of the economic activity and growth in this state, we need to really invest in the diversity we have and I would submit to you that it is rather an asset rather than a liability. Ryan: I do not question the value of the great contribution that our immigrants bring to us. We are a nation of immigrants. My great grandfather came from Norway as a young man. That whole side of my family were immigrants who struggled but prospered, because of the American dream. The American dream is our contract. Are you saying that the peoplein Minneapolis who have decried extraordinary racial inequities are wrong? No, we have to acknowledge that. We can address it, we can move past it if we work together and prosper together. Even the example of the Lux, the City’s only luxury apartment building, recently redeveloped by Mr. Soderbergh on Earle Brown Farm, charging very high rents, he was surprised by the diversity of the folks living in that development. Entrepreneurs and IT people working in Minneapolis or around the area like the location. Our diversity has great promise. But at the same time, I was focusing on giving that data that shows the grave racial disparities in terms of household and individual income, that is something that has to be overcome and that is a regional problem that requires a regional solution. And that is really where I was going with that. And that gets to the discussion of diversifying housing products and price points in our housing stock. Shingle Creek Crossing’s success or failure will be reflected in how successfully we are able to move in that direction. In no way would I discount or dismiss or disparage the value of our ethnic and cultural diversity. I think that’s our strength but at the same time it’s the great challenge. When a lot of our folks are starting from a place that’s less than advantageous. That’s why we have the Brooklyn Bridge Alliance and the BrookLink and all the rest of the of it because we have a lot of disadvantaged households in the city. We have to face up to that and try to engage some to address that challenge. And I’m sorry 06/08/20-11- DRAFT about this week, we got into a broader discussion about this, but I thank you and I appreciate the opportunity to have this discussion here tonight. Butler: I appreciateMayor Elliott for saying something because she was highly offended by that comment as a person of color, who is highly educated, debt free, a homeowner, coming from private schools. She and her husband grew up in Brooklyn Center and many of her family members still live in Brooklyn Center.We need to be careful of words especially now after what we have learned in the last two weeks. We are tired, we are tired of the comments, we are tired of the labels, we are tired. I appreciate the commentary, thank you Mayor Elliott for talking back and I would appreciate going forward that we watch ourselves when labeling certain communities instead of lumping us into one narrative. That is what I will say on that subject. Shewill support the car wash if the City Council also supports it. She added the City Council spoke with Mr. Gatlin about keeping Shingle Creek Crossing clean, and were told that the situation would improve, but that has not happened, and in fact, it has gotten worse. So, it is difficult for her to be amenable to Mr. Gatlin’s requests when the existing development is not being maintained. Mayor Elliott stated he is not sure that a car wash is the best use of that land, and he would like to see other options. Mr. Gatlin humbly requested the City Council’s consideration of this request, as there are no other options. He added he has tried for 10 years and no one has shown interest in the site. He noted the vacant site does not do anyone any good, and the car wash use will bring a lot of activity to this intersection. The car wash developer stated he owns a Holiday Station Store on Bass Lake Road and works in Brooklyn Center. He added he wants to support the community, and he has had many requests from Holiday customers for a car wash. He noted the car wash would be a high end, state of the art express facility. He asked that the City Council put their trust in him and Mr. Gatlin to work together to put something beautiful on Lot E for the City of Brooklyn Center. Mayor Elliott stated he speaks to a lot of residents, and he knows what people want. He added he has not heard that residents want a car wash. He added, at this time, it does not seem to be the best use for that property. Mr. Gatlin asked Mayor Elliott what the right use would be because there is no other use interested in the site. Mayor Elliott stated he does not have an answer as to what would be the right use, but he would like to see other options. Mr. Gatlin stated he visited with the City Council in the fall of 2019, and a City Councilmember indicated that the City needs a car wash. He added he understood the City Council would be interested in having a car wash. 06/08/20-12- DRAFT Councilmember Ryan stated a few City Councilmembers were amenable to the idea of a car th wash. He added there was a family car wash at 55 Avenue and Brooklyn Boulevard that closed, and he has heard many residents say that they miss the car wash. He noted he feels that the product sounds good and would bring traffic and business to the area. He reiterated his support of the Ordinance amendment, and the potential for a car wash on Site E, considering the developer’s challenges in getting other uses for the site. Councilmember Lawrence-Anderson stated she spoke with Mr. Gatlin last year and indicated that the City needed a car wash. She added she believes a car wash will bring traffic and business to Shingle Creek Crossing and will serve the community well. She noted that would not be her first choice for a location, but it will draw traffic and customers to the area. Mr. Boganey stated he can attest to the fact that Gatlin Development has worked tirelessly to pursue restaurants for the City of Brooklyn Center over the years. He added they have not been successful. He noted this is a common problem for Brooklyn Park and Brooklyn Center. Councilmember Graves stated she would have liked to have seen an overall view of the site with surrounding uses, which would give it a broader context. She added she would support entertaining all potential ideas and uses for the site. She added the City Council approved a zoning change recently so that a mosque could move into an industrial area. She noted many small businesses and entrepreneurs are currently renting space in an office building, and it would be preferable for them to have affordable space that is out facing the public. Councilmember Graves stated, considering the City’s larger goals for providing services and resources and promoting economic prosperity, she would not want to be exclusive and unwilling to hear a proposal. She added a car wash is not what she would want to see on that site, but she is open to making a zoning change that would allow flexibility in terms of redevelopment. She noted that should not be considered a vote in favor of a car wash. Councilmember Graves stressed the importance of working collaboratively with the community to determine strategies for finding businesses for the empty spaces in Shingle Creek Crossing. Councilmember Ryan agreed, adding the success of Shingle Creek Crossing will depend upon a successful public/private partnership and favorable market conditions. Councilmember Ryan moved to approve PLANNING COMMISSION APPLICATION NO. 2020-002 for Planned Unit Development Amendment No. 9 to the 2011 Shingle Creek Crossing Planned Unit Development. The motion failed for lack of a second. Councilmember Graves requested clarification that this amendment is not an approval of a development plan, but rather an amendment to the PUD language. Ms. Beekman confirmed this amendment does not approve a car wash, but rather amends the PUD to allow a car wash. She 06/08/20-13- DRAFT added the site and building plan, as well as Special Use Permit, would be reviewed by the City Council. Mayor Elliott asked whether the application can be denied once it becomes a permitted use. Ms. Beekman stated the amendment would allow car washes as an acceptable use in the PUD. She added the PUD does not currently allow car washes. She noted residents asked for a car wash during community engagement activities related to the Central Overlay District amendment. City Attorney Troy Gilchrist stated the City Council’s discretion for denying a use is limited when allowed uses are identified. He added there would generally need to be a health, safety or welfare reason to deny a proposed use that has been identified as an allowed use. He noted the PUD is different, but that is a standard analysis. Councilmember Graves stated the Planning Commission expressed concerns about the site’s proximity to Shingle Creek. She asked whether there is an environmental component to be considered, and whether this type of development would be allowed in the watershed area. The civil engineer for Gatlin Development stated the car wash would be contained entirely within the parcel, and the creek would not be exposed or impacted in any way. He added the car wash drainage route runs behind the Walmart property. He noted there will be no environmental concerns related to this development. Councilmember Graves asked how many staff would be employed by the car wash. The car wash developer stated there would be 7 full-time employees, 1 manager, and two assistance, for a total of 10 employees, including himself and his partner. Councilmember Graves asked whether customers stay inside their car. The developer confirmed this, adding customers pay at a pay station in their lane, and the express car wash takes about 1.5 minutes. He stated customers can utilize vacuums. He noted this express model is new to the area, and they plan to be one of the first of its kind in the State of Minnesota. Councilmember Graves stated she was envisioning a car wash on the site and wishing there could also be an ice cream stand, to make it more of a community car wash. The developer stated their car wash in New Hope has an ice cream truck that frequents the site, as well as a food truck, and they have already asked if they can also come to the new Brooklyn Center location. Councilmember Graves stated she feels very conflicted and unable to make a decision with the information that has been presented. The developer stated he and his partner plan to be around for a long time and remodel the building every 4 years. He added they will be in it for the long haul. He noted local restaurants are often unable to stay in business. 06/08/20-14- DRAFT Mr. Gatlin stated he would be willing to consider the PUD amendment only for Site E and leave the other sites as they are. He added he hopes that would help the City Council make a decision. Mayor Elliott stated, in terms of how long restaurants last in Brooklyn Center, the 50’s Grill has been around for 35 years. Councilmember Ryan stated the developer as indicated he has invested in the development for another 10 years and has put a lot of effort into Shingle Creek Crossing. He added he is willing to work constructively with the developer. He noted the developer is willing to be flexible and apply the amendment only to Site E and leave the other vacant sites that are committed to restaurant use. Councilmember Graves stated she is willing to move forward with the amendment as it only applies to Site E. She added she hopes that the site design will allow for more community interaction than an express car wash, and she looks forward to getting more information. Mayor Elliott stated he sees potential for the area near Shingle Creek, with its high visibility from the freeway. He added he believes there is a better use for this site than a car wash. He added he does not understand why the City has struggled to attract restaurants. He noted he will pass this up and look for a better opportunity. Mr. Gatlin stated this is the smallest lot that is left to be developed and will not accommodate a larger use. He added he has a use ready for this site, and he can continue to try to attract restaurants for the remaining vacant sites. Councilmember Ryan stated he wished to amend his original motion to apply the PUD amendment to Site E only. Mr. Gilchrist stated the initial motion failed for lack of a second. Councilmember Ryan moved and Councilmember Graves seconded to approve PLANNING COMMISSION APPLICATION NO. 2020-002 for Planned Unit Development Amendment No. 9 to the 2011 Shingle Creek Crossing Planned Unit Development, to be applied to Site E only. Mayor Elliott voted against the same and Councilmember Lawrence-Anderson did not respond. Motion passed. 10. COUNCIL CONSIDERATION ITEMS 10a. APPOINTMENTS TO COMMISSIONS Mayor Elliott stated he intends to appoint new Commissioners to the City’s Commissions. He added the City’s Commissions are not representative of the diversity of Brooklyn Center, and he took pains to ensure that appointments will create Commissions that are diverse and representative of the City’s population, especially against the backdrop of the current global movement toward full inclusion and systemic change. He noted he believes that having 06/08/20-15- DRAFT Commissions that represent a multitude of backgrounds will make the decisions richer and more representative. Mayor Elliott stated the appointees and re-appointees represent white, black and Hmong ethnic backgrounds. He added there are four males and five females. He noted he hopes to connect with Latino residents to ensure they are represented. Mayor Elliott stated he has spoken with all the new Commissioners he has appointed. He added the new Planning Commissionershave many ideas and suggestions for development in Brooklyn Center, including outdoor gathering spaces, indoor markets, a splash pad, and assistance for homeowners with corrosion and other housing issues. He noted applicants indicated they wanted to see more development, supported food trucks, and a celebration of nationalities and cultures. Councilmember Ryan requested that the applications for the Planning and Financial Commissions be separated from the other Commission appointments for closer review, as they are more critical positions. He expressed concern that existing Commissioners are being swept aside. He added these Commissioners have done an excellent job serving the City and have a wealth of knowledge and expertise. He noted this should be a decision of the City Council, and he requested that appointees to the Planning and Financial Commissions be removed for further consideration. Councilmember Graves stated she is fine with that. Councilmember Butler asked whether Councilmember Ryan challenged the appointees of the previous Mayor. Councilmember Ryan stated the previous Mayor closely reviewed Commission applicants and would only choose not to re-appoint a returning Commissioner based on attendance records, or other specific criteria. He added previous City Councils understood the importance of participation from members of the City’s diverse communities, but the issue was whether they showed an interest and would show up. Councilmember Butler asked whether Councilmember Ryan was implying that the Mayor’s appointees will not show up for meetings. Councilmember Ryan stated his point was that the City Council would try to find committed volunteers but sometimes that was not possible. He added one of the initial criteria was to attract Commissioners to represent the different areas of the City. Mayor Elliott stated he finds it curious that Councilmember Ryan would raise this issue now, especially in light of the current situation. Councilmember Ryan asked what Mayor Elliott is accusing him of. Mayor Elliott stated the City’s Commissions do not represent the ethnic diversity of the City of Brooklyn Center. 06/08/20-16- DRAFT Councilmember Ryan stated the Highway 252 Task Force, recently appointed by the Mayor, only represents one neighborhood. Mayor Elliott askedthat Councilmember Ryan stop interrupting him. He added the Planning Commission only represents one demographic portion of the City, as all the Commissioners are white. Mayor Elliott stated he finds it interesting that Councilmember Ryan would raise an objection to new appointees to the Planning Commission. He added Councilmember Ryan will do a great disservice to the City if he votes against these new appointees, who represent groups who have been traditionally marginalized and whose voices have been left out. He added the Planning Commission has been made up of white people for the past 12 years, which is the entire time that Councilmember Ryan has been on the City Council. He noted it is unacceptable that Councilmember Ryan would raise an objection. Councilmember Ryan stated he has voted with the City Council in support of all initiatives and commitments to racial equality and to assist those residents that are in the greatest need. He added he does not appreciate being characterized in a certain way. He noted the Planning Commission has been efficient and effective, and to sweep the current Commissioners aside in this manner is not respectful. Councilmember Ryan stated the City Council’s recent discussion during the Shingle Creek Crossing PUD amendment Agenda item was problematic, as Councilmembers did not acknowledge that the developer has tried for years to develop sites and has not been successful. He added he may be judged on the basis of his appearance, but he wanted to discuss the replacement of Commissioners with an open heart and have an open discussion. He noted every Councilmember is authentic and cares about the City and wants to represent all the residents of Brooklyn Center. Councilmember Butler stated Councilmember Ryan’s comments are problematic. She added Councilmember Ryan is an elected official and yet his comments indicate that he does not understand the issues facing Brooklyn Center’s diverse population. She noted she is calling him out for his racist comments. She noted he should educate himself on the things he is saying. Mayor Elliott stated he is fed up and will not put up with this type of attitude. He added Councilmember Ryan may object to the diverse appointments, but that is on him. Councilmember Graves asked how many current Planning Commissioners are being replaced, and whether there are any vacancies. Mayor Elliott stated he has appointed 4 new Commissioners, and re-appointed Jack MacMillan. He added he still needs to speak with Alex Koenig. Councilmember Graves asked whether there are other re-appointments still pending for any of the other Commissions, for Commissioners who are still serving but have not been re-appointed. Mayor Elliott stated there are six (6) re-appointments. 06/08/20-17- DRAFT Councilmember Graves requested clarification regarding the age spread of the Commissioners. Mayor Elliott stated the new appointees are in the 30 years old to 50 years old range. Ms. Suciu stated, as a point of clarification, three Housing Commissioners who applied for re- appointment have not been re-appointed, and three Park and Recreation Commissioners who applied for re-appointment are not being re-appointed. Councilmember Graves expressed concern that two applicants that Mayor Elliott has appointed to the Commissions have plans to run for City Council for the same seat. She added that could be controversial and the timing is bad, as it could make the appointments appear to be over- politicized. Mayor Elliott stated the individuals are smart and he has confidence inthem. He added he is unsure whether one of them is still running for office and he does not believe it will be a problem. He noted the new Commissioners will bring new energy and ideas to conversations about Brooklyn Center’s future. Councilmember Graves stated she likes both applicants. She stressed the importance of ensuring that the focus stays on the work of the Commission. Councilmember Ryan stated he saw quality in the applicants who have sought Planning Commission appointments. He expressed his concern again that many current Commissioners want to be re-appointed and have experience with the development issues currently facing the City. He added these Commissioners were left waiting for a very long time, while there were no new applicants seeking the positions. He noted these existing Commissioners should be treated respectfully and honorably for their service to Brooklyn Center. Councilmember Ryan reiterated his request to consider Planning and Financial Commission applicants separately for a closer review. Mayor Elliott called for a motion to accept all the new Commission appointments. Ms. Suciu stated a Planning Commission meeting is scheduled for Thursday, June 11, 2020. She asked whether the new Planning Commissioners will be appointed at a later date, after that meeting. Mayor Elliott stated the newly appointed Commissioners and the Commissioners they are replacing can both be at the meeting. He added this will be a good transition. Mr. Boganey stated they will not all be able to vote on Thursday. He asked when the newly appointed Commissioner’s terms would begin. Mayor Elliott stated their terms would begin immediately, like all the other newly appointed Commissioners for the other Commissions. Councilmember Ryan stated in that case, he will vote against. 06/08/20-18- DRAFT Mayor Elliott reiterated that he had called for a motion to approve all the recommended appointments and called for a second. Ms. Beekman asked whether Mayor Elliott has met with the current Commissioners who have re-applied for their positions and notified them that they are being replaced. She added Planning Commission packets have already been sent to the existing Commissioners as City Staff was not aware of the Mayor’s plans. Mayor Elliott asked whether there are voting items on the agenda. City Planner Ginny McIntosh confirmed there is a proposed site plan amendment for 5637 Brooklyn Boulevard, for Helena Autism Center. She added she is unsure whether newly appointed Commissioners would have sufficient time to prepare for a vote. She noted the current Commissioners have not been notified that they will no longer be members. Mayor Elliott stated all the new members are available to begin their positions immediately. He added they can attend the Planning Commission meeting on Thursday and their terms will begin on June 15, 2020. Ms. Beekman stated a Zoning and Land Use refresher is already planned for this week’s Planning Commission meeting. She added she agrees with Ms. McIntosh that it would be difficult to expect new Commissionersto be prepared to vote during the meeting, especially if the existing Commissioners are not aware that they are being replaced. Ms. McIntosh stated the Planning Commission’s July 2020 meeting will have three (3) public hearings. Mayor Elliott moved and Councilmember Butler seconded to appoint members to the various Commissions. Councilmember Ryan voted against the same and Councilmember Lawrence-Anderson did not respond. Motion passed. 11. COUNCIL REPORT -None. 12. ADJOURNMENT Councilmember Graves moved and Mayor Elliott seconded adjournment of the City Council meeting at 10:00 p.m. Motion passed 4-0 (Councilmember Lawrence-Anderson did not respond). 06/08/20-19- DRAFT Previous*** License XI1IIIIN/ALLC9IIIIIIN/A Arab13IVIVN/ALang2IIIIN/A requirements10IV0IVIII requirements0I0IIIIrequirements10IV0IVIII Kho5II0IIIIBurson4II0IIII Rousseau8III0IIII CFH9III0IIIIVrequirements16IV0IVIV Type ** License Final Type Police * CFS License Type N/A.) Violations Property 202 0 Code listed 13, July be will on Approval and service Sub Council for Operum MSmissing calls Owner 1 for to 2018 met met Pro met applicable met Year Licenses Jama Yeboah / Borrower Ross Yeboah Property 1 LLC Truong NSingleInitialAbdirashid= NSingleInitialAlexander III SingleRenewalSherman not II NSingleRenewalStephenStephen Rental NSingleInitialHerman NSingleRenewalKristine Type NSingleRenewalMNSF NSingleRenewalLydia are LaSingleInitialHPA PlSingleRenewalIH3 NSingleRenewalMy Licenses Year Renewal Initial NSingleRenewal taxes 2 (Initial = II or property Type Only Year Licenses Dwelling and Type 3 utilities = 1 Renewal Type City sho w Issued on for not current Address Service will Being AveAve Ave Ave Ave licenses Ave Rd Woodbine are For Ave Fremont Ave EmersonEmerson Type Property AdmiralAve Ohenry AldrichBryant properties Toledo Calls Knox 64th Kyle Initial License = 2606633656113512600160156107621227016706 60295415 CFS *** All ** * Property Code and Nuisance Violations Criteria License CategoryNumber of UnitsProperty Code Violations per (Based on Property Inspected Unit Code Only) Type I –3 Year1-2 units0-2 3+ units 0-0.75 Type II –2 Year1-2 unitsGreater than 2 but not more than 5 3+ units Greater than 0.75 but not more than 1.5 Type III –1 Year1-2 unitsGreater than 5 but not more than 9 3+ units Greater than 1.5 but not more than 3 Type IV – 6 Months 1-2 unitsGreater than 9 3+ units Greater than 3 b.Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are “Family or household members” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Validated Calls for Disorderly Conduct CategoryUnitsService & Part I Crimes (Calls Per Unit/Year) No 1-20-1 Category 3-4 units0-0.25 Impact 5 or more units0-0.35 Decrease 1 1-2Greater than 1 but not more than 3 Category 3-4 unitsGreater than 0.25 but not more than 1 5 or more unitsGreater than 0.35 but not more than 0.50 Decrease 2 1-2Greater than 3 Categories 3-4 unitsGreater than 1 5 or more unitsGreater than 0.50 Page 2 of 2 Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION APPOINTING ELECTION JUDGES FOR THE 2020 PRIMARY ELECTION WHEREAS, a Primary Election is August 11, 2020; and WHEREAS, Minn. Stat. 204B.21, subd. 2, requires that persons serving as election judges be appointed by the Council at least 25 days before the election at which the election judges will serve. BE IT RESOLVED by the City Council of the City of Brooklyn Center that the individuals named on the attached sheet and on file in the office of the City Clerk are appointed to perform the duties of election judge and/or be appointed as the Brooklyn Center Absentee Ballot Board election judges. BE IT RESOLVED the City Council also appoints other individuals and all members appointed to the Hennepin County Absentee Ballot Board as authorized under Minn. Stat. 204B.21, subd. 2, under the direction of the City Clerk, to serve as members of the Brooklyn Center Absentee Ballot Board. BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. July 13, 2020 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Judge Board Report, 2020 Statewide Election Primary Election, Tuesday, August 11, 2020 Allan Hancock, Election JudgeMagdy Elyamany, Election Judge Marjorie Adkisson, Election Judge Alix Bentrud, City Staff Andrea Bentrud, Head JudgeMark Goodell, Head Judge Anne C, Election JudgeMary Gersetich, Election Judge Barb Suciu, City StaffMary Laduke, Election Judge Beverly Truran, Election JudgeMia Rampi-Lambertz, Election Judge Carol Christians, Election JudgeMichele Bowler, Election Judge Carolyn Green, Election JudgeMuriel Einberger, Election Judge Charlene Johnson, Election JudgeOwen Leonard, Election Judge Charles Steinhaus, Election JudgePatricia Humphrey, Election Judge Chidiebere Esele, Election JudgePaulette Shibley, Election Judge Christine Bonovsky, Election JudgePeggy Seibert, Election Judge Cynthia Majors, City StaffPhilip Henrichs, Head Judge Diane Selchert, City StaffRebecca Crass, Election Judge Dale Perreault, Election JudgeSamantha Bishop-Strand, Election Judge David Erickson, Election JudgeSandra Gunderson, Election Judge Debbie Paine, Election JudgeSandra Malcolm, Election Judge Diane Visser, Election JudgeSara Huffman, Election Judge Don Bumgarner, Election JudgeSarah Wilks, Head Judge Emma Alden-Connor, Election JudgeSharon Krieger, Election Judge Gayle Merritt, Head JudgeSheila Bear, City Staff Holly Saathoff, Election JudgeStephen Long, Election Judge Ileen Sheeley, Election JudgeTamika Baskin, Election Judge Jean Carlson, Election JudgeTaofeek Ishola, Election Judge John Petersen, Election JudgeTedd Bennethum, Election Judge John Polz, Election JudgeTerri Iverson, Election Judge Jon DeRosier, Election JudgeTim Thorbus, Election Judge Joseph Jablonski, Election JudgeToby Phillips, Election Judge Karen Knutson, Election JudgeVanissa (Patti) Peterson, Election Judge Karen Richter, Election JudgeWendi Einberger McDonough, Head Judge Kelly Herrmann, Head Judge Kenneth Bueckers, Election Judge Lynn Bennethum, Election Judge Lynne Johnston, Election Judge Planning Commission Report Application Filed: 05/28/2020 Meeting Date: June 11, 2020 Review Period (60-day) Deadline: 07/27/2020 Extension Declared: N/A Extended Review Period Deadline: N/A Application No. 2020-003 Applicant: Jane Sharkey (Helena Autism Therapy Center, Inc.) Location: 5637 Brooklyn Boulevard Request: Site Plan Amendment INTRODUCTION Jane Sharkey of Helena Autism Therapy Center, Inc, (“the Applicant”) is requesting review and consideration of an application that would allow an amendment to the approved site plan for 5637 Brooklyn Boulevard (“the Subject Property”). The Subject Property consists of a three-story, multi- tenant building that was constructed in 1980 and related site improvements, and is situated on approximately 1.06 acres (see Map 1 below). The Subject Property originally received site and building plan approval in 1979 under Planning Commission Application No. 79020 for construction of an approximately 14,850-square foot, three story office building, with its intended primary use as a law office. Approval of the site and building plan also included approvals for a landscape plan, installation of an underground irrigation system, and automatic fire extinguishing system. The building also functioned as a multi-tenant office space for a time and was formerly home to Masjid Al-Ansar Islamic Center until the Applicant’s purchase of the Subject Property. The Applicant was previously located in Fridley, but relocated to Brooklyn Center following issuance of a Special Use Permit to operate an autism therapy center and ancillary outdoor playground at the Subject Property in 2019 under City Council Resolution No. 2019-056. Site Plan Amendments do not require a public hearing; however, due to the proximity of other residential properties and the proposed secondary driveway, City staff sent mail notifications to neighboring properties informing them of the requests. As of the date of this Staff Report, City staff has received no communication from any of the neighboring properties. Map 1. Subject Property Location (5637 Brooklyn Boulevard). ________________ App. No. 2020-003 PC 06/11/2020 Page 1 Image 1. Exterior Image of Subject Property from Brooklyn Boulevard Frontage Road (5637 Brooklyn Boulevard). Image 2. Exterior Image of Subject Property / Facing Northeast (5637 Brooklyn Boulevard). ________________ App. No. 2020-003 PC 06/11/2020 Page 2 Image 3. Exterior Image of Subject Property from NorthDrive/Facing East (5637 Brooklyn Boulevard). COMPREHENSIVE PLAN AND ZONING STANDARDS 2040 Land Use Plan: Neighborhood-Mixed Use/N-MU (15.01-31 DU/Ac.) Neighborhood: Northport Current Zoning: C1 (Service/Office) District Surrounding Zoning: North: R1 (Single Family Residence) District East: Brooklyn Boulevard and C2 (Commerce) District South: C1 (Service/Office) District West: Northport Park and R1 (Single Family Residence) District Site Area: Approximately 1.06 Acres SITE PLAN AMENDMENT Background on Autism Therapy Center and Operations The Applicant previously leased space in Fridley for the Helena Autism Therapy Center from 2012 until relocating to Brooklyn Center in 2019, as they were unable to obtain permission to construct an outdoor playground at their location in Fridley. The Autism Center primarily serves clients that are two (2) to seven (7) years in age who have a medical diagnosis of Autism Spectrum Disorder (ASD) or other diagnoses. Services are also provided to family members of children on the Autism Spectrum Disorder, which would occur either at the Center or within their homes. Children receiving services from the Helena Autism Therapy Center typically spend 20 hours per week at ________________ App. No. 2020-003 PC 06/11/2020 Page 3 the clinic where group treatment modalities, including art and music classes, are provided to model typical academic settings. The Center also provides speech and occupational therapy. At time of the Applicant’s application for issuance of a Special Use Permit last year, it was indicated that the Center would employ approximately 32 on-site employees. An additional 10 staff and a manager are employed under a DBA (“Doing Business As”) called, “Helena Family Support.” The DBA staff typically provides services off-site with the exception of regular once per week meetings and other scheduled meetings as needed at the Subject Property. The Center typically hosts 20 children during the morning program, and another 20 children during the afternoon program, with proposed operating hours of 7:45 a.m. to 5:30 p.m., Monday through Friday. Children are either dropped off by their parents or guardians, or transported by Medical Assistance carriers. No transportation vehicles are stored on site of the Subject Property per the Applicant. Conversion of Front Parking Area to Drop Off The Applicant indicated around time of application for the Special Use Permit that they foresaw changes in the future to the front parking area, located in front of the main doors, and installation of a new secondary driveway. These requests were put on hold so that the Applicant could address the major need at the time, which was an outdoor playground. The Applicant provided the below proposal (Image 4) which denotes a re-configuration of the front parking area from 90-degree, perpendicular parking spaces to a parallel parked drop-off area. The primary reason for this request is to address concerns relating to the safety of young clients who are dropped off each day by parents, guardians, or Medical Assistance carriers. Image 4. Site Plan Layout of Subject Property with Proposed Drop-off Area and Secondary Driveway (5637 Brooklyn Boulevard). City staff provided commentary on proposed alterations to the site plan in August 2019 and February 2020. Based on discussions with the Applicant, the following comments were provided in Image 5 and ________________ App. No. 2020-003 PC 06/11/2020 Page 4 below: 1.“No Parking” signage to be installed for any yellow striped areas; 2.Stripe five (5) feet out from existing curb to allow clients to navigate to the sidewalk/entrance; 3.Install signage for “Dropoff/Pickup Only-5 Minutes” in front drop-off area; 4.Strip four (4) feet on exterior of drop-off lane for no parking; and 5.Drop-off area to maintain a minimum nine (9) foot width for vehicles. Although the Applicant originally proposed putting up temporary cones on the exterior of the drop-off area, along the drive aisle, City staff expressed concerns that they would be run over by drivers wanting to leave before the car in front of them left. City staff also emphasized that vehicles cannot block the required ADA parking stalls located at the northeast corner of the parking lot. The Applicant would need to maintain a minimum 24-foot wide drive aisle through the main portion of the parking lot and ensure the parking spaces located along the southern edge of the lot maintain an 18- foot parking space depth. Installation of Secondary Driveway off Northport Drive As part of the request for a drop-off area, the Applicant requested permission to install a second driveway off Northport Drive. As the Subject Property’s parking lot is located on a hill (see Images 2 and 3 above), the Applicant has made this request to minimize instances where vehicles are required to turn around to exit. The proposed driveway is 14 feet in width; however, City staff has requested the width be reduced to 12 feet. Signage should also be provided indicating that the drive is a “One Way Exit” only and “No Entrance” to minimize instances of any cut through traffic or drivers being unable to enter the drop-off lane due to entering from the wrong direction. See City staff comments in Image 5 below. Image 5. City Staff Comments on Proposed Drop-off Area and Secondary Driveway (5637 Brooklyn Boulevard). ________________ App. No. 2020-003 PC 06/11/2020 Page 5 As proposed, the new drop-off area and driveway would result in a loss of approximately 15-16 parking spaces, depending on how closely cars queue. The driveway would exit out onto Northport Drive, which is a low traffic, residential street that routes south and to the east to the Brooklyn Boulevard Frontage th Road, and north to 58 Avenue North/Bass Lake Road. The nearest driveways in proximity to the proposed new curb cut belong to the Girl Scout property to the south (5601 Brooklyn Boulevard), the main parking lot for Northport Park, and a residential home located at 5637 Northport Drive. Assistant City Engineer Andrew Hogg noted in a memorandum dated June 3, 2020 (Exhibit B) that the perimeters of all driving and parking areas would need to be bound by cast-in-place concrete curb and gutter that conforms to Minnesota Highway “B6-12.” The Applicant would also need to install the proposed secondary driveway per City Driveway Standard Plate. It was indicated that, “should it become apparent that drivers dropping off clients are utilizing the one-way entrance off Northport Drive as an access entrance thus creating a safety hazard, the Applicant shall widen the entrance to 24 feet to allow for two-way access.” Additionally, the Applicant would need to submit an updated striping plan reflecting the re- configuration of the front parking spaces and no parking areas, and provide a site parking orientation/seasonal maintenance plan that outlines how the parking lot and walking areas of the drop off area are to be maintained and kept clear, as the Applicant did not want to install a sidewalk along the drop off area. Other Considerations The Applicant will also want to ensure the Subject Property remains in compliance with all other original site and building plan approvals, as noted under PC Application No. 79020. For instance, as a landscape plan was approved, the Applicant would need to verify by inventory that the existing landscaping is still in compliance. If trees or shrubs were removed to make way for the proposed playground or other improvements, the Applicant will need to propose replacement landscaping to make up for the deficiency that is in compliance with the originally approved landscape plan and the City’s Landscape Point System Policy standards (e.g., caliper sizing). Upon a visit to the site, City staff noted that the existing trash dumpster appears to not be fully enclosed. As part of any approval, and per City Code, the Applicant will be required to fully enclose the dumpster with opaque front doors. APPROVAL CONDITIONS: Staff recommends the following conditions be attached to any positive recommendation on the approval of Application No. 2020-003 for 5637 Brooklyn Boulevard (Subject Property): a.Any major changes or modifications made to the Subject Property can only be made either through the City’s Building Permit process or through formal Site and Building Plan review by the City. b.The Applicant shall comply with all comments outlined in the memorandum prepared by Assistant City Engineer Andrew Hogg on June 3, 2020 (Exhibit B); including preparation of a striping plan prior to re-striping the drop off area, and coordination with the Assistant City Engineer in obtaining any required Driveway Permit from the City for installation. c.The Applicant will continue to operate the Subject Property in conformance with the conditions of approval as granted by City Council for Planning Commission Application ________________ App. No. 2020-003 PC 06/11/2020 Page 6 Nos. 79020 and 2019-004 (City Council Resolution No. 2019-056). RECOMMENDATION City staff recommends the Planning Commission recommend City Council approval of Planning Commission Application No. 2020-003 for the requested site plan amendment to allow for the re- configuration of the front parking area into a drop-off and installation of a second driveway off Northport Drive for the Subject Property located at 5637 Brooklyn Boulevard (Subject Property); subject to the Applicant complying with the comments outlined in the Approval Conditions noted above. Attachments Exhibit A- Application for Special Use Permit Request, prepared by Jane Sharkey (Helena Autism Therapy Center, Inc). Exhibit B- Memorandum and Exhibits, prepared by Assistant City Engineer Andrew Hogg, and dated June 3, 2020. ________________ App. No. 2020-003 PC 06/11/2020 Page 7 M E M O R A N DU M DATE: June 3, 2020 TO: Ginny McIntosh, City Planner/Zoning Administrator FROM: Andrew Hogg, Assistant City Engineer SUBJECT: SitePlan Review - 5637 Brooklyn Blvd Public Works Departmentstaff reviewed the following documents submitted for review on April 22, 2020, for the 5637 Brooklyn Blvd - Autism Center improvements: SitePlan dated April 22, 2020 (labeled Exhibit A) Subject to final staff SitePlan approval, the referenced plans must be revised inaccordance with the following comments/revisions and approved prior to issuance of Special Use Permit: Site Plan Theperimetersofalldrivingandparkingareasshallbeboundedbycast-in-place concrete curb and gutter which confirms withtheMinnesota Highway Type“B6-12”. Applicant shall installaccessto Northport DriveperCityDrivewayStandardPlate. PerFire Department, curbs along driveway shouldbepaintedyellow.Drivewayaccessonto Northport Drive shallbenowiderthat12’and signage indicating ‘no access/exitonly”shouldbeinstalled to eliminate cut thru traffic.Should it becomeapparentthedroppingoff tothe propertyare utilizing theone-wayentrance off NorthportDriveas anaccessentrancethus creating asafetyhazard; the applicantshall widentheentrance to 24’ to allow for two-way access. Applicantshall submit an updated striping plan. Site Parking Operational/SeasonalMaintenanceplan s hall be submittedto help increase the safetyoftheparkinglotoperations. See additional sketch for comments. (labeled Exhibit B) The aforementioned comments are provided based on the informationsubmitted by the applicant at the time of thisreview. Other guarantees and site development conditions may be further prescribed throughout the projectas warranted and determined by the City. B Fyijcju 34 :(y29(!NJO/-!UZQ/ TUBMMT!UP!CF 9 31 8 29( :( 8 3 31( 25( Jotubmm!#op!qbsljoh#!tjhobhf!gps zfmmpx!tusjqfe!bsfbt/ C FYIJCJU 9(y35(!NJO/-!UZQ/ Y TUBMMT!UP!CF Y 34 Y Y :(y29(!NJO/-!UZQ/ TUBMMT!UP!CF :!gppu!Espqpgg0Qjdl.vq!Mbof Y Y Tusjqf!5!gffu!#Op!Qbsljoh# Y 9 obwjhbuf!up!tjefxbml0fousbodf/ fyjtujoh!dvsc!up!bmmpx!dmjfout!up Tusjqf!6!gffu!#Op!Qbsljoh#!gspn Y #Espqpgg0Qjdlvq!Pomz.6 Y Jotubmm!tjhobhf!gps 64 8 Njovuft/# 7 29( 6( ////// :( 8 5( 3 gffu!boe!tjhobhf!up!cf!qspwjefe opujoh!#Pof!Xbz!Fyju#!boe!#Op obsspxfe!epxo!up!bqqspy/!23 Pof.xbz!esjwfxbz!tipvme!cf 31( 25( Fousbodf/# Commissioner introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO.2020-003 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2020-003SUBMITTED BY JANE SHARKEY OF HELENAAUTISM THERAPY CENTER, INC. REQUESTING A SITE PLAN AMENDMENTFOR CERTAIN PARKING LOT AND DRIVEWAY IMPROVEMENTS (LOCATED AT 5637 BROOKLYN BOULEVARD) WHEREAS, “theSubject Property,” located at 5637 Brooklyn Boulevard,originally received site and building plan approval in 1979 under Planning Commission Application No. 79020 for construction of a three story, approximately 14,850-square foot multi-tenant building on 1.06 acres, and was constructed in 1980 with related site improvements; and WHEREAS, Jane Sharkey of Helena Autism Therapy Center, Inc. (“the Applicant”) submitted Planning Commission Application No. 2019-004 in March 2019 for review and consideration of a Special Use Permit to operate an autism therapy center and ancillary outdoor playground; and WHEREAS, the City Council approvedsaidrequest at their meeting on March 25, 2019 under City Council Resolution No. 2019-056; and WHEREAS, under Planning Commission Application No. 2020-003,the Applicant now requests review and consideration ofa site plan amendment that would allow for the re- configuration of the front parking area into a dedicated drop-off and installation of a second driveway off Northport Drive for the Subject Property located at 5637 BrooklynBoulevard; and WHEREAS, the proposed drop-off area and secondary driveway are intended to streamline the drop off and pick up process for the Helena Autism Therapy Center’s young clients for their morning and afternoon programs,increasesafety throughorienting vehicles along the front entrance, minimizing the need for vehicles to turn around, and decreasing vehicular activity near the main entrance to the building; and WHEREAS, the Planning Commissionof the City of Brooklyn Center, Minnesota held a meeting on June 11, 2020 to fully consider Planning Commission Application No. 2020-003, received and reviewed a planning report, amemorandum from the Assistant City Engineer, and site plan exhibit outlining the proposed alterations; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City’s Zoning Ordinance, along with consideration of the goals and objectives of the City’s 2040Comprehensive Plan, the Planning Commission considers the proposed site plan amendment an appropriate and reasonable improvement of the Subject Property. PC RESOLUTION NO. 2020-003 NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center, Minnesota to recommend to City Council that the site plan amendment, as comprehended under Planning Commission Application No. 2020-003,be approved based on the following considerations: A.The Site Plan is compatible with the standards, purposes, and intent of the City’s Zoning Ordinance; B.The improvements and utilization of the Subject Property as contemplated in the provided site plan areconsidered a reasonable use of the Subject Property, are intended to address safety concerns, and will conform with ordinance standards; C.The Site Plan amendment is considered to be consistent with the recommendations of the City’s Comprehensive Plan for this area of the City; D.The Site Plan amendmentappears to be a good long range use and investment of the existing land and the proposed parking lot and driveway improvements can be considered an asset to the community; and E.Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan as contained in Section 35- 230 (Plan Approval) of the City’s Zoning Ordinance are met and the site proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Commission of the City of Brooklyn Center, Minnesotato recommend to the City Council that Planning Commission Application No. 2020-003,submitted by Jane Sharkey of Helena Autism Therapy Center, Inc.be approved based upon the following conditions and considerations: 1.Any major changes or modifications made to the Subject Property can only be made either through the City’s Building Permit process or through formal Site and Building Plan review by the City. 2.The Applicant shall comply with all comments outlined in the memorandum prepared by Assistant City Engineer Andrew Hogg on June 3, 2020; including preparation of a striping plan prior to re-striping the designated drop off area, and coordination with the Assistant City Engineer in obtaining any required Driveway Permit from the City for installationof the second driveway. 3.The Applicant will continue to operate the Subject Property in conformance with the conditions of approval as granted by City Council for Planning Commission Application Nos. 79020 and 2019-004 (City Council Resolution No. 2019-056). PC RESOLUTION NO. 2020-003 June 11, 2020 DateRandall Christensen, Chair ATTEST: Ginny McIntosh, Secretary The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JUNE 11, 2020 L TO ORDER 1.CAL The Planning Commission meeting was called to order by Chair Christensenat 7:00 p.m. The meeting was conducted via Webex. 2.ROLL CALL Chair Randall Christensen, Commissioners Alexander Koenig, Jack MacMillan, Stephen Schonning, Rochelle Sweeney, and Susan Tade were present. CommissionerPeter Omari was not present on the Webex meeting and unexcused. City Planner and Zoning Administrator Ginny McIntosh, Community Development Director Meg Beekman, and City Attorney Troy Gilchrist were also present. 3.APPROVAL OF AGENDA –JUNE 11, 2020 There was a motion by CommissionerTade, seconded by CommissionerMacMillan, to approve the agenda for the June 11, 2020 meeting as presented. The motion passed 6-0. 4.APPROVAL OF MINUTES –MAY 14, 2020 There was a motion by Commissioner Koenig, seconded by CommissionerTade,to approve the minutes of the May 14, 2020 meeting aspresented. The motion passed unanimously. 5.CHAIR’S EXPLANATION Chair Christensen explained the Planning Commission’s role as an advisory body. One of the Commission’s functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6.PLANNING ITEMS 6.LANNING ITEMS P 6a)Planning Commission Application No. 2020-003 6a)Planning Commission Application No. 2020-003 Planning Commission Application No. Planning Commission Application No. Applicant: Jane Sharkey | Helena Autism Therapy Center Jane Sharkey | Helena Auism Therapy Center Applicant: t Applicant: Jane Sharkey | Project Location: Site Plan Amendment Site Plan Amendment Project Location: ject Location: Summary: The Applicant is requesting review and consideration of a Summary:he Applicant is requesting review and consideration of a T he Applicant is requesting review and consideration of a site plan amendment to allow for the re-configuration of the site plan amendment to allow for the reconfiguration of the - site plan amendment to allow for the reconfiguration of the configuration of the configuration of the front parking area into a drop-off and installation of a front parking area into a dropoff nd installation of a nd installation of a nd installation of a a - front parking area into a drop second driveway off Northport Drive. nd driveway off Northport Drive. seco PC Minutes 06-11-20-1-DRAFT City Planner Ginny McIntosh reviewed a request for a site plan amendment for 5637 Brooklyn Boulevard. This property came before the Planning Commission last year for issuance of a Special Use Permitto operate the autism center and provide an ancillary outdoor playground for clients.She added the application was submitted by Jane SharkeyofHelena Autism Therapy Center for an amendment to the site plan for the property, which was originally developed as a 3- story office building in 1980. She noted the amendment relates to requests to re-configure the front parking area into a drop-off and installationof a second driveway off Northport Drive. Ms. McIntosh stated the applicant relocated to Brooklyn Center from their previous location in Fridley. Although site and building plan requests do not require public notification, City staff released notifications to nearby properties due to the request for a second driveway. The area proposed for a second driveway is in proximity toa residential neighborhood and the main parking lot for Northport Park. To date, no comments have been received. Ms. McIntosh stated the Autism Therapy Center serves clients 2 to 7 years of age withamedical diagnoses of Autism Spectrum Disorder, andprovides group treatment, music classes, and speechtherapy, in addition to other services. The Autism Therapy Center accommodates approximately 20students for the morning sessionand 20 students for the afternoon session. She noted there are approximately 32 on-site employees and 10 additional staff who primarily work off-site. Ms. McIntosh stated the applicant wants to alter the front parking area and install a second drivewayto address safety concerns. She added the front parking spaces would be re-configured to parallel parking spaces to address safety issues during student pickupsand drop offs. She noted the second driveway, to be constructed at Northport Drive, is desired to minimize instances of cars having to turn around in the lower parkinglot and drive back past the main entrance. The drivewaywould likely be added later in the summer. Ms. McIntosh stated the applicant does not want to add a sidewalk due to the slope of the property. She added City Staff is requiring a 5-foot buffer fromthe edge ofthe existing curb out, to allow space for clients to walk to the main entranceupon exiting a vehicle. She noted a buffer on the outer edge of the drive lane is called out, and a minimum 24-foot wide drive aislewould need to be maintained. Ms. McIntosh stated City engineeringstaff reviewed the site plan and recommendedthat the proposed 14-foot driveway be narrowed down to 12 feet and signage added indicating that it is a one-way drivewayin an effort to prevent cut-through traffic. Ms. McIntosh reviewed the conditions of approvalwith the Planning Commissioners, including a requirement outlining thepreparation and submittal of a re-striping plan. She added the applicant must obtain a driveway permit from the City before installing the second driveway. She noted all the original site and building plan conditions remainin place and if deficiencies exist, such as missing landscaping, they are to be replaced. Ms. McIntosh stated City Staff recommends that the Planning Commission recommend City Council approval of Planning Commission Application No. 2020-003,submitted by Jane PC Minutes 06-11-20 -2-DRAFT Sharkey of Helena Autism Therapy Center, for the requested site plan amendment to allow for re-configuration of the front parking area into a drop-off and installationof second driveway entrance off Northport Drive for the subject propertylocatedat 5637 Brooklyn Boulevard. This is subject to the conditions outlined in the associated resolution and staff report. Chair Christensencalled for questions ofCity Staff from the Commissioners. Commissioner MacMillan asked whether a stop sign is planned at Northport Drive. Ms. McIntosh stated that this could be discussed with the applicant, as it would be on private property. Chair Christensen asked whether there will bea sign visible from Northport Drive indicating that it is a one-way drive, and the Northport Drive access is an exit only.Ms. McIntosh stated engineering staff requested signage on bothsides of the second driveway, indicating no entrance on one side and the one way exit on the other. Commissioner Koenig stated he supports Commissioner MacMillan’s suggestion of a stop sign offNorthport Drive. He believesdrivers will cut through the parking lot, when they are leaving the nearby park. He noted he understands that is a residual effect that cannot be controlled. Commissioner Koenigalsoexpressed his support of the plans, adding this will increase safety for the center’s operations and its clients. Chair Christensen expressed his support of the plans to widen access to the building, which will also make snow removal easier. Ms. McIntosh stated the applicant, Jane Sharkey, was on the meeting and available for questions from the Commissioners. Commissioner Koenig commended Ms. Sharkey on the excellent work of the Autism Therapy Center. He asked how things are going. Jane Sharkey stated the Center is doing well, having re-opened on Monday June 8, 2020 after being closed for a few months during the COVID-19 pandemic. She added staff are doing health screenings on students and their drivers as they arrive at the building, and the new driveway and drop off will help facilitate that. She noted the students love having the playground. Chair Christensen asked whether there is adequate parking for staff. Ms. Sharkey stated there is ample room in the parking lot to make these changes, and still accommodate staff parking in the upper level parking area. She encouraged the Commissioners to stop in and take a tour. Commissioner Koenig stated he lives in this neighborhood, and he has been impressed with how the building has been enhanced to accommodate the Autism Center. Ms. Sharkey stated the HVAC system in the entire building was recently replaced for approximately $200,000, and the new heating and coolingsystems are up and running. PC Minutes 06-11-20 -3-DRAFT ACTION TO RECOMMEND APPROVALOF PLANNING COMMISSION RESOLUTION ACTION TO RECOMMEND APPROVALOF PLANNING COMMISSION RESOLUTION NO. 2020-003 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING NO. REGARDING THE RECOMMENDED DISPOSITION OF PLANNING 2020-003 COMMISSION APPLICATION NO. 2020-003SUBMITTED BY JANE SHARKEY FOR THE COMMISSION APPLICATION NO. 2020003SUBMITTED BY JANE SHARKEY FOR THE -- HELENA AUTISM THERAPY CENTER. HELENA AUTISM THERAPY CENTER. There was a motion by CommissionerMacMillan, seconded by Commissioner Koenig, to approve Planning Commission RESOLUTION NO. 2020-003 regarding Planning Commission Application No. 2020-003 submitted by Jane Sharkey of Helena Autism Therapy Center, for a requestedsite plan amendment to allow for re-configuration of the front parking area into a drop- off and installation of second driveway entrance off Northport Drive for the subject property located at 5637 Brooklyn Boulevard, subject to conditions as outlined in the resolution. Voting in favor: Chair Christensen, Commissioners, Koenig, MacMillan, Schonning,Sweeney, Voting in favor: Chair Christensen, Commissioners, Koenig, MacMillan, Schonning Sweeney ,, Voting in favor: Chair Christensen, Commissioners, Koenig, MacMillan, Schonning and Tade. and Tade . And the following voted against the same: None And the following voted against the same: None The motion passed 6-0. The motion passed 6-0. 7.DISCUSSION ITEMS 7a) City Council Update Ms. McIntosh reviewed the Planning Commission items that were discussed at the City Council’s May 8, 2020 meeting, including the Planned Unit Development (PUD) amendment for Shingle Creek Crossing. She added the amendment was proposed by property owner Shingle Creek LLC/Gatlin Development Co. Inc. to remove constraints for restaurant uses only on four of the remaining vacant lots in the PUD, including Building Site E.The amendment further requested changesto the PUD Declarations for certain uses and updates to Building Site E to accommodate a potential standalone car wash. She noted this request was reviewed by the Planning Commission and recommended for City Council approval. Ms. McIntosh added the City Council had a lengthy discussion, similar to that of the Planning Commission, and the request passed on a 3-1 vote, with an opposing vote from Mayor Elliott. She noted the car wash application has been received by City Staffand is scheduled for reviewat the Planning Commission’s July 2020 meeting. Ms. McIntosh stated there will be focus and attention on this application, as indicated by the questions and concerns related to location and aesthetics. Ms. McIntosh stated the preliminary development agreement for C Alan Homes was scheduled to be discussed at the EDA meeting, but the City Council has apolicy to endmeetings at 10:00 p.m.unless Council makes a motion to continue, so this item will be addressed at the next City Council meeting. Ms. McIntosh stated the City Council had a lengthy discussion regarding new Commissioners and re-appointments. She added the Mayor appointed four new Planning Commissioners, who PC Minutes 06-11-20 -4- DRAFT Memberintroduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2020-003SUBMITTED BY JANE SHARKEY OF HELENAAUTISM THERAPY CENTER, INC. REQUESTING A SITE PLAN AMENDMENTFOR CERTAIN PARKING LOT AND DRIVEWAY IMPROVEMENTS(LOCATED AT 5637 BROOKLYN BOULEVARD) WHEREAS, “theSubject Property,” located at 5637 Brooklyn Boulevard,originally received site and building plan approval in 1979 under Planning Commission Application No. 79020 for construction of a three story, approximately 14,850-square foot multi-tenant building on 1.06 acres, and was constructed in 1980 with related site improvements; and WHEREAS, Jane Sharkey of Helena Autism Therapy Center, Inc. (“the Applicant”) submitted Planning Commission Application No. 2019-004 in March 2019 for review and consideration of a Special Use Permit to operate an autism therapy center and ancillary outdoor playground; and WHEREAS, the City Council approvedsaidrequest at their meeting on March 25, 2019 under City Council Resolution No. 2019-056; and WHEREAS, under Planning Commission Application No. 2020-003,the Applicant now requests review and consideration ofa site plan amendment that would allow for the re- configuration of the front parking area into a dedicated drop-off and installation of a second driveway off Northport Drive for the Subject Property located at 5637 BrooklynBoulevard; and WHEREAS, the proposed drop-off area and secondary driveway are intended to streamline the drop off and pick up process for the Helena Autism Therapy Center’s young clients for their morning and afternoon programs,increasesafety throughorienting vehicles along the front entrance, minimizethe need for vehicles to turn around,and decreasevehicular activity near the main entrance to the building; and WHEREAS, the Planning Commissionof the City of Brooklyn Center, Minnesota held a meeting on June 11, 2020 to fully consider Planning Commission Application No. 2020-003, received and reviewed a planning report, amemorandum from the Assistant City Engineer, and site plan exhibit outlining the proposed alterations; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City’s Zoning Ordinance, along with consideration of the goals and objectives of the City’s 2040Comprehensive Plan, the Planning Commission considers the proposed site plan amendment an appropriate and reasonable improvement of the Subject Property. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Councilof the City of Brooklyn Center, Minnesota to recommend that the site plan amendment, as comprehended under Planning Commission Application No. 2020-003,be approved based on the following considerations: A.The Site Plan is compatible with the standards, purposes, and intent of the City’s Zoning Ordinance; B.The improvements and utilization of the Subject Property as contemplated in the provided site plan areconsidered a reasonable use of the Subject Property, are intended to address safety concerns, and will conform with ordinance standards; C.The Site Plan amendment is considered to be consistent with the recommendations of the City’s Comprehensive Plan for this area of the City; D.The Site Plan amendmentappears to be a good long range use and investment of the existing land and the proposed parking lot and driveway improvements can be considered an asset to the community; and E.Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan as contained in Section 35- 230 (Plan Approval) of the City’s Zoning Ordinance are met and the site proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Councilof the City of Brooklyn Center, Minnesotato recommend that Planning Commission Application No. 2020-003,submitted by Jane Sharkey of Helena Autism Therapy Center, Inc.be approved based upon the following conditions and considerations: 1.Any major changes or modifications made to the Subject Property can only be made either through the City’s Building Permit process or through formal Site and Building Plan review by the City. 2.The Applicant shall comply with all comments outlined in the memorandum prepared by Assistant City Engineer Andrew Hogg on June 3, 2020; including preparation of a striping plan prior to re-striping the designated drop off area, and coordination with the Assistant City Engineer in obtaining any required Driveway Permit from the City for installationof the second driveway. 3.The Applicant will continue to operate the Subject Property in conformance with the conditions of approval as granted by City Council for Planning Commission Application Nos. 79020 and 2019-004 (City Council Resolution No. 2019-056). RESOLUTION NO. July 13, 2020 DateMayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted.