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HomeMy WebLinkAbout2022 07-25 CCM REGULAR SESSION 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 JULY 25, 2022 CITY HALL—COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in the Informal Open Forum called to order by Mayor Mike Elliott at 6:46 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan.Also present were Planner and Zoning Administrator Ginny McIntosh, City Clerk Barb Suciu, and City Attorney Jason Hill. Mayor Mike Elliott opened the meeting for Informal Open Forum. City Clerk Barb Suciu asked for the commenters to complete a blue form. Mayor Elliott stated people can fill out a blue form if they want. Laurie Ann M. noted her appreciation for following the rules of Open Forum. She stated it is the role of the Mayor to appoint Commissioners. Mayor Elliott stated he is the presiding officer. Laurie Ann M.stated it is not the rules of the Open Forum to allow the Mayor to speak during public comment. Mayor Elliott stated he could speak when he likes and asked her to keep her comments to less than two minutes. Loriann M.pointed out Mayor Elliott allowed people to speak for up to fifteen minutes in previous meetings. Mayor Elliott stated Laurie Ann M. is not allowed to address individuals during Public Form. Laurie Ann M. stated she has simply cited the duties and responsibilities of the Mayor. Mayor Elliott stated she could proceed with her comments. Laurie Ann M. stated the Mayor is a Councilmember with additional responsibilities such as leading the meetings and making appointments to commissions. There is not even a quorum on the Planning Commission, which violates State Statutes. Multiple times the Mayor has said he doesn't have time to do appointments, but it is a responsibility of his role. Laurie Ann M. stated the Implementation Committee has done an excellent job in their work with two upcoming recommendations. She explained the public is aware of the Chair's conduct during the June 23 meeting. Mayor Elliott told Laurie Ann M.her time was up. Laurie Ann M. noted there isn't a recording from the June 16 meeting. She asked why that was. 7/25/22 -1- Mayor Elliott stated the Planning Commission is missing just one member. As for the recording of the Implementation Committee, there is no requirement for the meetings to be recorded. Amity D. explained she is one of the Chairs of the Implementation Committee Work Group. She stated politics are starting to play a role in the Implementation Committee and requested that the politics stop in the interest of saving lives. Amity D. stated as, during the incident on June 23, the Staff person continued trying to insert herself into the conversation. The Implementation Committee has asked for clarification on Staff's role. Dr. Edwards has attempted to explain Staffs role,but the Implementation Committee doesn't understand it. Also, the title of the Staff person in question is not included in The Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. Mayor Elliott was trying to hear from the Implementation Committee members before Staff, and the Staff was the aggressive person in the matter. Kevin S. explained he is concerned about Dr. Edwards'absence. He noted it is likely due to threats against him. Dr. Edwards was comfortable at recent events at the Earle Brown Heritage Center. Mayor Elliott stated Dr. Edwards is on vacation. Tanya J. stated the work of The Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act is being stalled. Two mothers of those who have been murdered by Brooklyn Center Police Department officers are willing to work with law enforcement, but the Police Chief hasn't responded to the Implementation Committee's request to collaborate. Law enforcement needs to follow their policies, and the community needs to change. Julie B. noted part of the June 23 Implementation Committee incident was her fault. It was not clear to the members of the Implementation Committee that she was indeed part of the Committee. Ms. LaToya Turk, the Staff member they have been referring to, knew that she was in a position to speak, and it is likely the Chair knew about her role. She explained she believed Amity D. was the Chair of the meeting on June 23, but it was Mayor Elliott, which added to the confusion about who could speak. Julie B. added there was a lot of clarification regarding roles at the recent meeting. There has been frustration among the Committee in terms of clarity. It is disappointing for Ms.Turk to be attacked for doing her job, although it was not the most popular opinion in the room. Katie W. stated they are still talking about the rules and who is right for a Resolution that was passed over one year ago. People are not taking the issue seriously. The community members in the room along with Staff and Council are not doing their part. Katie W. explained the issue was blown out of proportion by the media. The interaction was uncomfortable, but it was not Mayor Elliott's demeanor that made her uncomfortable. Instead, it was statements made by Ms. Turk. It is just a job for Ms. Turk, but the Committee members are volunteers and are there for their community. 7/25/22 -2- Katie W. added she is always willing to work with the City Manager and the Police Chief for progress. She explained it will be uncomfortable for Ms. Turk to return to the meetings. If they are eliminating her position, then they can work directly with the City Manager and Police Chief Therefore, Ms. Turk would not have a role as a liaison. Eliza D. explained he works with various municipalities in the Twin Cities to support their interactions with the community. Sometimes it is the role of the government to step back and allow community voices to speak. There is a power differential between the perceived power of governmental entities and members of the public. The impulse is to defend and intervene, but it must be restrained to lift the community's voice. It is paramount to make the community comfortable and create accessible spaces. Tashira G. explained she knows Katie W. and Amity D. well. She has lost a loved one in Minnesota. They need to incorporate community voices,especially those who have been impacted by police violence. Lives have been lost due to law enforcement's abuse of power. As for the incident with Ms. Turk, they need to make it right, because she too is human. They need to remember they are all human beings. Mayor Elliott moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:15 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan quoted Martin Luther King Jr. and said, "I have a dream [we] will one day live in a nation where [people] will not be judged by the color of their skin but by the content of their character." He requested a moment of silence. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in a Regular Session called to order by Mayor Mike Elliott at 7:16 p.m. 4. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan.Also present were Planner and Zoning Administrator Ginny McIntosh, City Clerk Barb Suciu, and City Attorney Jason Hill. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 7/25/22 -3- 6. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Elliott summarized the conversation of agenda amendments as discussed in the Study Session. He stated it would be appropriate to move item Planning Commission Item 9a. Planning Commission Application No. 2022-004 for the Re-plat,Re-zoning,and Establishment of a Planned Unit Development, and Amendments to the Zoning Code and 2040 Comprehensive Plan to Allow for the Re-development of the Former Sears Site (1297 Shingle Creek Crossing) to become Presentations/Proclamations/Recognitions/Donations Item 7a. Planning Commission Application No. 2022-004 for the Re-plat, Re-zoning, and Establishment of a Planned Unit Development, and Amendments to the Zoning Code and 2040 Comprehensive Plan to Allow for the Re-development of the Former Sears Site (1297 Shingle Creek Crossing). Then the Council could hear the presentation, and the item would be voted on at a later meeting. City Attorney Jason Hill stated the item would need to be continued to the following meeting. Councilmember Graves asked if the motion could be made later on after the presentation is received. Mayor Elliott stated it could be done with the agenda. Mr. Hill recommended making the motion to move the vote to a later date during the agenda item itself. Mayor Elliott moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, as amended, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. July 11, 20212— Study Session 2. July 11, 2022—Regular Session 6b. LICENSES GARBAGE HAULER Walters Recycling & Refuse 2308 101 st Ave NE Blaine MN 55449 Waste Management of MN Inc 10050 Naples St NE Blaine MN 55449 MECHANICAL GTVS HVAC, Inc 4018 Joyce Lane Brooklyn Center MN 55429 7Kramer Mechanical Plumbing& Heating tac S Fawn Lake Dr NE Stacy MN 55079 Riccar Heating & A/C 23 87 Station Parkway Andover MN 55304 7/25/22 -4- Royalton Heating &A/C 4120 85th Ave N Brooklyn Park MN 55443 Wencl Services 8148 Pillsbury Ave S Bloomington MN 55420 RENTAL INITIAL (TYPE IV—six-month license) 3301 Lawrence Road Sayndee Sando 3806 57th Avenue North Josephine Mentoe-Biah INITIAL (TYPE III—one-year license) 7230 Girard Avenue North QZ Funding LLC INITIAL (TYPE II—two-year license) 5300 Queen Avenue North Fozia Abasham INITIAL (TYPE I—three-year license) 5317 Irving Avenue North MN Equitable HSN Buyer 1 LLC 6407 Scott Avenue North SFR Acquisitions 3 LLC 7212 Emerson Avenue North SFR Acquisitions 3 LLC RENEWAL (TYPE IV—six-month license) 833 57th Avenue North Bruce A Goldberg 5133 France Avenue North Resi Sfr Sub LLC 5333 Dupont Avenue North Fyr Sfr Sub LLC 5712 Logan Avenue North Penrod, LLC I Ali Mir RENEWAL (TYPE III—one-year license) 6221 Shingle Creek Parkway The Crest Apartments LLC 2701 O'Henry Road From Mat to Life, LLC RENEWAL (TYPE II—two-year license) 5245 Drew Avenue North Sassy Home LLC 1706 Amy Lane 1706 Amy Ln N, LLC 5300 France Avenue North Ih3 Property Minnesota Lp 7/25/22 -5- 5600 Judy Lane B D Morlock &N D Morlock RENEWAL (TYPE I—three-year license) 1335 67th Lane North D J Dane & S L Dane 1401 72nd Avenue North Chad Tesmer 6c. RESOLUTION NO.2022-69; ESTABLISHING IMPROVEMENT PROJECT NO. 2023-01, KNOX, JAMES AND 54TH AVENUES AREA IMPROVEMENTS 6d. RESOLUTION NO.2022-70; ESTABLISHING IMPROVEMENT PROJECT NO.2023-02,50TH AVENUE IMPROVEMENTS (FRANCE AVE TO DREW AVE) 6e. RESOLUTION NO.2022-71; ESTABLISHING IMPROVEMENT PROJECT NO. 2023-03, 51ST AVENUE IMPROVEMENTS (TWIN LAKE BLVD TO FRANCE AVENUE) 6f. AN INTERIM ORDINANCE NO. 2022-02; AUTHORIZING A STUDY AND IMPOSING A MORATORIUM ON THE ESTABLISHMENT OF NEW USES OF THE EXPANSION OF EXISTING USES RELATED TO THE SALE OF THC PRODUCTS (FIRST READING) Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 9a. PLANNING COMMISSION APPLICATION NO. 2022-004 FOR THE RE- PLAT, RE-ZONING, AND ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT, AND AMENDMENTS TO THE ZONING CODE AND 2040 COMPREHENSIVE PLAN TO ALLOW FOR THE RE- DEVELOPMENT OF THE FORMER SEARS SITE (1297 SHINGLE CREEK CROSSING) City Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning Commission Application No. 2022-004. She explained Scannell Properties, Inc. on behalf of Transformco is requesting a review and consideration of a proposal that would allow for the re- plat and subsequent re-development of the former Sears site,which encompasses a two-story Sears department store and Sears Auto Center on approximately 15 acres at 1297 Shingle Creek Crossing. The aforementioned businesses closed in 2018 and have remained vacant since. As proposed,the redevelopment would result in the construction of two business park-type buildings, of approximately 120,000 square feet and 110,000 square feet, respectively, and related site improvements. 7/25/22 -6- Mayor Elliott left the meeting at 7:24 p.m. Ms. McIntosh stated due to the nature of the request, approval of a preliminary and final plat, site, and building plan, re-zoning, and establishment of what would be a new Planned Unit Development (PUD) is required. An amendment to the Zoning Code is also necessary to remove the Subject Property from the Central Commerce Overlay District, in addition to a comprehensive plan amendment to accommodate a future land use re-designation. Ms. McIntosh pointed out there have been some issues with the building such as a leak and other matters that required ongoing attention from City Staff and law enforcement to do regular sweeps of the building. Ms. McIntosh noted in May and November 2021, concept reviews were held by the City Council to discuss the proposal to re-develop the Subject Property with a speculative light-industrial and office use. During the May concept review, City Council provided feedback on the initial concept plan, which included requests to provide a greater mix of uses, a site layout, and design that adds value to the adjacent Shingle Creek Crossing shopping center, and an overall high finish level on the buildings, with four-sided architecture, and a focus on enhancing the Highway 100 frontage. Ms. McIntosh stated follow-up with Council was requested by the Applicant in November 2021 to further discuss their proposal, a revised concept plan, how they might better align with City goals, and receive direction from Council on whether to proceed with a formal submittal or not. City staff also requested Julie Kimble of KimbleCo to participate in a discussion on behalf of the City to ensure a collective understanding of the City's goals as well as current market realities in the Twin Cities and constraints on the Subject Property. Ms. McIntosh stated before the submittal of this application, the Applicant held a virtual community meeting to discuss the proposed redevelopment of the Subject Property, and a market analysis was undertaken to determine the demand for use in the Twin Cities market. The Applicant also submitted preliminary plan sets to City staff for review and refinement between February and May 2022. Ms. McIntosh noted the Planning Commission held a public hearing for the aforementioned application at their meeting on June 23, 2022, and the Commissioners entered into a lengthy discussion on the proposal. The Applicant was present at the meeting and fielded questions from the Commissioners regarding the speculative use, potential tenants and uses, the outlined conditions of approval and restrictions surrounding outside storage and display, distribution centers, and a maximum proposed 80-percent industrial use and minimum 20-percent non- warehouse use. Further discussions were held regarding overall site circulation, potential truck traffic, and completion of an existing trail gap along Highway 100. No public comments were provided in advance of or during the meeting. Ms. McIntosh explained the Applicant noted at the June 23, 2022, Planning Commission meeting that the 80-20 mix use restriction was fairly uncommon in this type of product and indicated that it would force the Applicant to attract users that have lower truck volumes, and reiterated their 7/25/22 -7- interactions with City staff in concentrating truck traffic to the south access road fronting along Highway 100, and running behind Walmart (1200 Shingle Creek Crossing), and away from the shared north access between the Subject Property and Shingle Creek Crossing. The Applicant provided context to the Commissioners surrounding the continued interest in retail/restaurants,and a market study the Applicant commissioned to determine the highest and best use. The Applicant also provided example users for this type of product and other example developments in the Twin Cities metro. Ms. McIntosh added following the close of the public hearing, the Planning Commission elected to recommend (3-1) City Council approval of the requested preliminary and final plat, site, and building plan, an amendment to remove the Subject Property from the Central Commerce Overlay District, re-zoning and establishment of a Planned Unit Development, and a recommended amendment to the City's 2040 Comprehensive Plan to re-designate the Subject Property from Transit-Oriented Development (TOD) to Business Mixed-Use (B-MU). This item was originally scheduled for review at the July 11, 2022, City Council meeting, but was tabled to the July 25, 2022 meeting. Ms. McIntosh pointed out as the request by the Applicant includes a request to re-zone the Subject Property from a PUD/C2 (Planned Unit Development/Commerce) District to a PUD/MX-B (Planned Unit Development/Business Mixed-Use) District, City Code dictates that the City's Zoning Code be amended to reflect the re-zoning. A draft copy of the ordinance language is available to the Council for review. Should the City Council proceed with the re-zoning, a motion to approve the first reading of an ordinance amending Chapter 35 of the Zoning Code of Ordinances regarding the Subject Property located at 1297 Shingle Creek Crossing would be required. Following the motion, a second reading and public hearing would be scheduled for August 22, 2022. The request for a Comprehensive Plan Amendment will require a separate submittal to the Metropolitan Council for review and any final approval; however, a recommendation from the local planning body and local governing body authorization is required to proceed with a submittal. Ms. McIntosh noted there are currently no trash facilities proposed, and the appropriate class of materials is met. At one point, Staff requested more detailed architecture and glazing. The Applicant made revisions to the entry plans. Clearance height was also discussed as it may limit future users. The landscaping plans are appropriate, and there are no signing requests at the time. Ms. McIntosh added the City Engineer reviewed the plans. For the plans to move forward, it would be required to submit to certain agreements. Hennepin County, MnDOT, and the watershed district have reviewed the plans. Mayor Pro Tem Butler asked why there was one vote against the item during the Planning Commission review. Ms. McIntosh stated there were some desires for sit-down restaurants, but no specific reason was given. There was also a discussion about the amount of asbestos that would need to be removed. Mayor Pro Tern Butler asked if pushing back the vote would impact the review by the Watershed 7/25/22 -8- Commission. Ms. McIntosh stated they would not impact their review. Mayor Pro Tern Butler thanked Ms. McIntosh for her work and presentation. Councilmember Ryan asked if it would be out of order for the Council to accept the presentation. City Attorney Jason Hill explained although it was moved to the presentations portion of the meeting, the listed item still includes actions that were to be taken. He recommended they accept and table the item. Councilmember Graves noted she had the same question as Mayor Pro Tern Butler regarding the vote against a Planning Commission Commissioner. She asked if the property is owned by the City. Ms. McIntosh confirmed the property is privately owned. Councilmember Graves stated the issue is not complicated. She expects they will have more than enough consensus to approve the item, whether or not it is continued to another meeting. Councilmember Lawrence-Anderson stated she is very grateful for the modifications to the project in response to feedback from the Council. The recent budget meeting included discussions about LED lighting. She asked if the light sources are identified in the proposed project. Ms. McIntosh pointed out there was a photometric plan submitted, and LED is the typical standard. She added they will still have to comply with candlelight requirements. Councilmember Lawrence-Anderson asked if it is the first time the Crime Prevention Through Environmental Design(CPTED)was used. Ms. McIntosh stated law enforcement usually handles that portion, but Staff has now attended the training and made CPTED a priority. Councilmember Lawrence-Anderson noted she would like further discussions with the developer regarding cameras. Councilmember Lawrence-Anderson added she would like the City to incorporate concepts that support monarchs and other endangered species in the design process. Ms. McIntosh stated the project includes requests for native planting. Since the proposed project is deficient, there is an opportunity for additional native planting. Councilmember Ryan thanked his fellow Councilmembers for their interest in the project and Staff for their work. There is not a need to further extend the vote because one member of the Council requested it but is at something he determined was more important. Councilmember Ryan explained he supports the project, and he doesn't support tabling the matter. Councilmember Graves noted her agreement with Councilmember Ryan. However, there was an understanding before Mayor Elliott left to continue the matter. She added they should allow the Applicant an opportunity to speak on the project. Dan Salzer, Scannell Properties, pointed out Staff has been excellent to work with. They have tried to find the highest and best use of the site, and they look forward to moving the project along. He added he understands tabling the matter, but he would like to get started on breaking ground. Councilmember Lawrence-Anderson asked what the timeframe is to break ground and begin 7/25/22 -9- construction. Mr. Salzer explained in an ideal world, they would demolish the building this year and build up the following year. It should be about an eight-month completion timeline and about one year to lease it up. Councilmember Graves moved and Mayor Pro Tem Butler seconded to accept the presentation Planning Commission Application No. 2022-004 for the Re-plat, Re-zoning, and Establishment of a Planned Unit Development,and Amendments to the Zoning Code and 2040 Comprehensive Plan to Allow for the Re-development of the Former Sears Site (1297 Shingle Creek Crossing). Motion passed unanimously. Councilmember Lawrence-Anderson stated she was very insistent at the previous meeting that they wait for the entire body to be present. Councilmember Lawrence-Anderson moved and Mayor Pro Tem Butler seconded to table the item Planning Commission Application No. 2022-004 for the Re-plat, Re-zoning, and Establishment of a Planned Unit Development, and Amendments to the Zoning Code and 2040 Comprehensive Plan to Allow for the Re-development of the Former Sears Site (1297 Shingle Creek Crossing) until the following meeting. Motion passed unanimously 8. PUBLIC HEARINGS None. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. AN EMERGENCY ORDINANCE NO. 2022-03; AUTHORIZING A STUDY AND IMPOSING A MORATORIUM ON THE ESTABLISHMENT OF NEW USES OR THE EXPANSION OF EXISTING USES RELATED TO THE SALE OF PRODUCTS AND ITS SUMMARY RESOLUTION Mr. Hill explained the Ordinance is an interim Ordinance regarding the sale of THC products. As of July 1, 2022, the sale of certain cannabinoids became legal and left it to the cities to handle the licensing or other restrictions. The change impacts employment issues. The Emergency Ordinance would put a moratorium on the sale of THC to complete a study. The Ordinance is meant to cover the first 60 days, and then there will be a subsequent Ordinance with public hearings and whatnot at that time. Mr. Hill noted many cities are going down the same route to sort out issues of zoning, licensing, and other matters related to the law change. 7/25/22 -10- Councilmember Lawrence-Anderson stated THC elements are not for smoking. She asked if the Association for Nonsmokers of Minnesota has given an opinion on the matter. It would be something important for Staff to consider in their research as their work has been helpful to the City in the past. Councilmember Ryan asked if they would regulate sales based on zoning, but it wouldn't contradict State law. Mr. Hill confirmed he was correct. He noted there isn't a lot of guidance in the Statute for barriers, and he changes anticipates es to the Statute in the next session. The total p g moratorium would be a year, including the 60 days in the proposed Ordinance. The League of Minnesota Cities and other groups are working on the matter, and it may take less than one year to determine what Brooklyn Center will do. Councilmember Graves added the new law is an opportunity for the City to support small businesses and entrepreneurs while also potentially funding City services, similar to the liquor stores. Councilmember Butler thanked Councilmember Graves for her perspective. Councilmember Ryan stated he would like to see the topic thoroughly studied. The sale should be properly regulated in the public interest. Councilmember Lawrence-Anderson asked if the sale of THC products would not be allowed in the City for 60 days. Mr. Hill confirmed that is the purpose of the Ordinance. Councilmember Graves moved and Councilmember Ryan seconded to adopt an emergency ordinance and approve a summary resolution. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: She and several other City Staff participated in Emerging Brooklyn Center. Many community leaders and youth also participated, and the diversity of the participants reflected the City. She read some words she and another person had written regarding their experiences. It was the beginning of an 18-month journey, and there was a video created. She added there have been considerations about the Council being involved, so she has tried to stay in the background. Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: She stated she was present at Emerging Brooklyn Center for parts of it, and it was mentally exhausting yet exciting work. It is designed to stretch one's thinking. 12. ADJOURNMENT 7/25/22 -11- Mayor Pro Tem Butler moved and Councilmember Graves seconded the adjournment of the City Council meeting at 8:18 p.m. Motion passed unanimously. STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. Attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the City Council of the City of Brooklyn Center held on July 25,2022. 2. That said meeting was held according to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its August 8, 2022, Regular Session. V T Barbara Suciu, City Clerk Mi e Elliott, Mayor 7/25/22 -12-