Loading...
HomeMy WebLinkAbout2023 05.22 CCM REGULAR SESSION5/23/23 -1- 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 MAY 22, 2023 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH THE CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor April Graves at 6:41 p.m. ROLL CALL Mayor April Graves and Councilmembers Kris Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Councilmember Marquita Butler was absent and excused. Also present were Assistant City Manager/City Clerk Barb Suciu, Interim Community Development Director Jesse Anderson, Planner and Zoning Administrator Ginny McIntosh, Deputy City Clerk Shannon Pettit, and City Attorney Jason Hill. Mayor April Graves opened the meeting with an Informal Open Forum. Gretchen E. thanked the Council and City for their response and resolution to removing a broken tree limb due to weather. She then asked about the Alternate Response Program, funding, and partnering with neighboring cities and Hennepin County. She discussed the potential funding and noted that the program is still in the early planning stages. Mayor Graves noted that many conversations regarding the program are happening outside of the City Council meetings. Carlos B. expressed concerns with the Speedway Gas Station, safety concerns, and inability to turn to law enforcement. He asked the Council to consider options such as closure or reducing hours rather than allowing 24-hour open hours. Mayor Graves stated she would contact Community Outreach and would like to follow up as time progresses. Laurie M. expressed disappointment in the lack of acknowledgment towards Law Enforcement Appreciation Week, Asian Pacific Islander Month, and Mental Health Awareness Month. She stated that she attended the Emerging BC dinner and was disappointed in the choice of wording and offensive references she overheard from a past AACP president and a City representative. Mayor Graves noted that there was an appreciation for Law Enforcement Appreciation Week at May 8, 2023, meeting, and there is a proclamation for Mental Health Awareness Month which will be read at tonight's meeting. She also noted that Councilmember Lawrence-Anderson made the Council aware of Asian Pacific Islander Month at the beginning of the meeting, and the Council will have a proclamation or resolution acknowledging this next year. 5/22/23 -2- Kevin S. suggested the Council consider bringing the community to the council meetings when they present proclamations and resolutions to specific groups. He also thanked the Council for the lack of chaos that is present at the meetings. Phillip M. distributed a letter to express concern over landlord-tenant relationships he and other business owners in the community are experiencing. He is asking the Council for intervention to help alleviate the continued tension within the community. It was suggested that Phillip contact Vong Thao, Economic Development Coordinator, to discuss concerns and potential solutions. Councilmember Jerzak moved, and Councilmember Kragness seconded to close the Informal Open Forum at 7:04 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Lawrence-Anderson read the quote titled A Tale of Two Wolves, "My son, there is a battle between two wolves inside all of us. One is Evil. It is anger, jealousy, greed, resentment, inferiority, lies, and ego. The other is good. It is joy, peace, love, hope, serenity, humility, kindness, benevolence, empathy, generosity, and truth. The boy thought about it for a minute and then asked his grandfather: "Grandfather, which wolf wins?" The old man quietly replied, "The one you feed." 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor April Graves at 7:11 p.m. 4. ROLL CALL Mayor April Graves and Councilmembers Kris Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Councilmember Marquita Butler was absent and excused. Also present were Assistant City Manager Barb Suciu, Interim Community Development Director Jesse Anderson, Planner and Zoning Administrator Ginny McIntosh, Deputy City Clerk Shannon Pettit, and City Attorney Jason Hill. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, as amended, and the following consent items were approved: 5/22/23 -3- 6a. RESOLUTION NO. 2023-65 AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT, PROJECT NO. 2024-01, ORCHARD LANE EAST IMPROVEMENTS PROJECT 6b. ORDINANCE NO. 2023-01 STORM SEWER, DRAINAGE AND UTILITY EASEMENTS WITHIN LOTS 1, 2, AND 3, BLOCK 6, WANGSTAD'S BROOKLYN TERRACE, HENNEPIN COUNTY, MINNESOTA (1ST READING) Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING MAY AS MENTAL HEALTH MONTH IN THE CITY OF BROOKLYN CENTER Mayor Graves read in full a Resolution declaring May as Mental Health Month. Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to accept a proclamation declaring May as Mental Health Month in the City of Brooklyn Center. Motion passed unanimously. Mayor Graves noted she is completing her certificate in trauma-effective leadership through the University of Minnesota. 7b. TENANT PROTECTIONS UPDATE Interim Community Development Director Jesse Anderson explained two primary ordinances on which the Council requested reflection. The first ordinance was regarding Pre-Eviction Filing Notice, which would provide tenants a 30 notice that the property owner intends to file an eviction for non-payment of rent or a material breach of the lease. Mr. Anderson noted the other ordinance was regarding Just Cause Non-Renewal. This ordinance would prevent a property owner or manager from non-renewing an existing tenant's lease without Just Cause and provide tenants with why their lease was being non-renewed by the property owner. Just Cause could include non-payment of rent, material non-compliance with the lease, refusal to renew a lease agreement, occupancy by the property owner or family member, building demolishing or conversion, rehabilitation or renovation, complying with a government order to vacate, and occupancy conditioned on employment. Mr. Anderson stated in 2018-2019; the City first looked at adopting a tenant protection ordinance regarding the sale of an affordable housing property. This ordinance notified tenants of the sale and any material lease changes, including rent rate changes. In the ordinance, if the owner did not provide sufficient notice, the tenant would be allowed to receive relocation assistance. This 5/22/23 -4- ordinance was adopted in January 2019. Mr. Anderson noted in further conversation with City Council on housing policies that the Council wanted staff to look at additional tenant protections beginning in early 2021. Staff received direction from City Council to look at tenant protections that the City can adopt to give tenants/residents additional protections in addition to the State statutes. Mr. Anderson pointed out staff reviewed the adopted tenant protections by the City of St. Paul and then met with City of St. Paul staff to discuss the adopted tenant protections; due to the lawsuit against the City of St. Paul, the City of Brooklyn Center decided only to bring forward a few tenant protections. The adopted tenant protections by the City of St. Paul were challenged in court and the City of St. Paul ultimately rescinded the ordinance. Mr. Anderson stated the City had several conversations with landlords/property owners, tenants, tenant rights organizations, and the MN Multi-Housing Association to discuss the proposed tenant protections in hopes of bringing together a compromise. During the meetings, staff could hear both sides express their concerns about adopting the ordinance as is, the proposed changes to the ordinance, and the City doing nothing to further tenant protections in the City. Mr. Anderson explained the proposed ordinance was brought to the Housing Commission on October 19, 2021. The Housing Commission heard from housing advocacy groups and numerous tenants and was asked to approve the proposed ordinance. The Housing Commission unanimously approved a recommendation to approve the proposed ordinance. Mr. Anderson added it was brought back to City Council on December 13, 2021, meeting for a public hearing and approval of a resolution adopting the second reading and to publish a summary of the ordinance. Staff also provided additional information on the current housing status in Brooklyn Center and explained the new proposed tenant protection in further detail. There was public comment from property owners, tenants, and tenant advocacy organizations. The discussion among Council members agreed to continue the tenant protections at the next council meeting in January 2022. Mr. Anderson noted during the City Council meeting on February 14, 2022; the Council continued the tenant protection conversation. There were three proposed changes. First, an added provision that would require property owners to track and report to the City any non-renewals of leases and the reason for non-renewal. The second change would reduce the pre-eviction notice from 30 to 14 days. The third change would be to add a provision allowing property owners to give a 90-day notice for non-renewal without reason. Mr. Anderson pointed out that public comment was heard, and Council Members had a lengthy discussion about the proposed changes. The Council wanted to hear from the Housing Commission about the proposed changes, so it was asked that the agenda be brought back to the February 28, 2022, council meeting. Mr. Anderson stated during the Council meeting on February 28, 2022, staff presented and reported 5/22/23 -5- February 15, 2022, Housing Commission meeting discussion about the three proposed changes. The Housing Commission preferred a 30-day pre-eviction notice but would consider a 14-day notice a good compromise. The Commission was split on the 90-day non-renewal notice without Just Cause, and finally, the Commission agreed that the property owners should be required to document and report non-renewals. Again, Mr. Anderson added that public comment was heard regarding the proposed changes. The Council actively discussed the changes and voted to approve Resolution No. 2022-30, which included the 30-day pre-eviction notice, just cause non-renewal, and tracking and reporting of non- renewals. Mr. Anderson explained staff sent out a survey to all property owners and managers on April 5, 2023. The survey was sent via GovDelivery and emailed to all property owners in approximately 350 emails. The GovDelivery and email went out to single-family and multi-property owners and managers. Another email was sent on April 24, 2023, to the City's large property owners and managers. A total of 27 responses were received. Mr. Anderson stated the survey was nine questions and asked specifically about evictions and non- renewals. Responses were aggregated so no individual property owner could be identified. 95 percent of respondents stated their property is considered affordable housing. Mr. An derson pointed out there was a question regarding the number of evictions. 23 owners filed 0-5 evictions, 2 filed 6-10 evictions, and two filed 30-60 evictions. 11 were filed for non-payment of rent, three for abandonment, and two for lease violations. Ultimately, 13 did not file an eviction, six times the landlord waited 5-8 weeks, five times the landlord waited 0-4 weeks, and three times the landlord waited 9+ weeks. Mr. Anderson explained there was a question about the results of the eviction hearing. 10 cases were issued a writ of recovery, five resulted in mutual termination, and three resulted in mediation. Mr. Anderson noted there were also questions about non-renewals. In 2022, 18 respondents issued 0-5 non-renewals, four issued 6-10, one issued 11-15, and two issued 15 or more non-renewals. 61.5 percent of non-renewals were for excessive late rent, five were due to material lease violations, and three non-renewals were for mutual termination. Mr. Anderson pointed out 77 percent of respondents stated that the tenant protection ordinance did not impact their decision to issue an eviction. Additionally, 70 percent stated that the tenant protection ordinance did not impact their decision to issue a non-renewal. Mayor Graves asked for Mr. Anderson's opinion of the results. She asked what types of landlords responded to the survey. Mr. Anderson explained the surveys were anonymous, so he could not say the size of the residences. He pointed out that going to court for just cause non-renewal is a more private matter, so the survey results don't indicate a direction. Mayor Graves noted the numbers might be skewed because of the recent eviction moratorium. Mr. Anderson agreed previous information would be beneficial, but it is unlikely that landlords kept 5/22/23 -6- records of the data they were looking for. Councilmember Lawrence-Anderson would like more information on eviction and non-renewal rates from other periods. Councilmember Jerzak pointed out many issues with one housing unit. He has a concern that they are forcing landlords into adversarial relationships. He asked some landlords why the City didn't receive more survey responses. Landlords stated they have tenant protection fatigue. The process has become more difficult and tiring for all parties. Councilmember Jerzak added landlords are a great partner for the City regarding crime prevention. However, the City has taken away some of the tools from property owners to maintain a safe, healthy environment. As a result, many good tenants are being lost. Additionally, many landlords and tenants have misunderstandings regarding just cause. Councilmember Kragness stated she has concerns about the impact of eviction hearings on the relationship between tenants and landlords. Mayor Graves pointed out there were many discussions, and the final decision was a compromise by both sides. The ordinance could use some tweaking, but the City needs more data before implementing any changes. Councilmember Lawrence-Anderson asked if the Council would be comfortable requesting the Housing Commission review-related data. Mayor Graves and Councilmember Jerzak noted their support of the idea. 8. PUBLIC HEARINGS None. 9. PLANNING COMMISSION ITEMS 9a. RESOLUTION NO. 2023-66 APPROVING PLANNING COMMISSION APPLICATION NO. 2023-002, SUBMITTED BY LA PALMA PROPERTIES II LLC FOR APPROVAL OF AN AMENDMENT TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT AND APPROVAL OF A SITE AND BUILDING PLAN FOR AN APPROXIMATELY 2,678-SQUARE-FOOT RESTAURANT AND DRIVE-THRU ON BUILDING SITE R WITHIN THE SHINGLE CREEK CROSSING PUD (1340 SHINGLE CREEK CROSSING) Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning Commission Application No. 2023-002. La Palma Properties II LLC is requesting review and consideration of a proposal that would develop what is known as Building Site R within the Shingle Creek Crossing shopping center, commonly addressed as 1340 Shingle Creek Crossing, to an approximately 2,678-square foot Pollo Campero restaurant and drive-thru. The Subject Property encompasses approximately 1.03 acres and is located east of Xerxes Avenue North and south of 56th Avenue North. 5/22/23 -7- Ms. McIntosh explained shopping center developer Gatlin Development Company provided a monetary contribution as part of the construction of the new Brooklyn Center Liquor Store and adjacent EDA-owned space (1350 Shingle Creek Crossing) to allow for the completion of the remaining parking lot, utility connections, and final grading for the City project as well as the three remaining pad sites along the west side of the shopping center, and of which includes the Subject Property. The Applicant purchased the Subject Property from Gatlin Development Company in January of this year. Ms. McIntosh showed some photos of the property in question. She also showed an aerial image of the site. Ms. McIntosh stated Planning Commission Application No. 2023-002 was submitted to the City for consideration of an amendment to the 2011 Shingle Creek Crossing Planned Unit Development plans and documents, as well as site and building plan approval for the approximately 2,678-square foot restaurant and drive-thru. The Planning Commission held a public hearing on the requests on May 11, 2023. Ms. McIntosh pointed out that City staff published the hearing notice as a proactive measure while identifying whether a separate use permit would be required for the drive-thru. Although the City Attorney finally determined that a separate use permit was not necessary and, therefore a public notice was not required, the notice had already been submitted to the newspaper. Ms. McIntosh noted City staff continued with the public process and sent mail notifications to neighboring taxpayers and physical addresses per City Code and statute requirements, and development proposal signage was installed on the Subject Property. No public comments were received in advance of the public hearing or at the public hearing. Ms. McIntosh explained the requested amendments are due to modification requests to over 10 percent change in approved floor area structure, some changes to the parking and circulation, and a request to comply with City signage provisions as opposed to Shingle Creek Crossing signage guidelines. Ms. McIntosh showed the proposed signage and exterior elevations of the building. Ms. McIntosh explained the plan is for a 2,678-square-foot restaurant with a drive-thru. City Staff worked through multiple versions of the proposal. Staff also reviewed the plans against City Code and other architectural and signage guidelines. As proposed and with exceptions to the building footprint, drive-thru, and select parking lot revisions, the plans are generally in alignment with the 2014 approvals for Building Site R. There is a minimum setback of 35 feet off Xerxes Avenue North. Ms. McIntosh noted primary site access is off Xerxes Avenue North via 55th or 56th Avenue North. Driveway access off Xerxes was not supported due to traffic conditions along Xerxes. A garbage truck layer was provided as part of the submittal. Only 27 on-site parking spots are required, and the proposed configuration offers 45 spaces. The minimum standards for parking dimensions and drive aisles are met. Also, sidewalk connections and bicycle facilities are provided. 5/22/23 -8- Ms. McIntosh stated a photometric plan and fixture schedule were submitted. The plans need some revision to address continuity and consistency. There is a trash enclosure on the north end of the site. There are also receptacles provided at main access points and gathering spaces. The proposed drive-thru lane shall be screened with berming, landscaping, or fencing per architectural guidelines. All roof-mounted equipment also requires screening. The application prosed the installation of landscaping for the entire length of the drive-thru with aluminum edging. Ms. McIntosh pointed out staff reviewed the submitted architectural set against the City's building materials and other guidelines. A proposed mix of stucco, porcelain tile, and aluminum compositive paneling is proposed. An elevation-by-elevation material breakdown was provided to the staff. It primarily consisted of stucco, which is a Class I material. The building is 21 feet tall, with the highest parapet at 25 feet. There are canopies at select locations, and architectural projects were incorporated. Staff noted a fair amount of wall space. However, wall lighting and material changes were incorporated to promote visual interest. Ms. McIntosh showed an aerial view of the building, the site plan, and more detailed building material images. She noted that the colors and specifications of masonry and stucco would be consistent throughout the development. Pollo Campero has been rolling out a brand refresh incorporating a vibrant color. Ms. McIntosh noted that a landscape plan was submitted, which is a mix of native and non-native and pollinator and non-pollinator-friendly options. Irrigation systems will be required to be installed and maintained. Ms. McIntosh added engineering reviewed the plans and provided a memo dated April 27, 2023. Also, an MPCA NPDES permit is required, and a Construction Management Plan and Agreement and Utility Facilities Easement Agreement shall be submitted to the City before any permits can be issued. Ms. McIntosh explained following the close of the public hearing; the Planning Commission engaged in an in-depth conversation with the Applicant and project architect regarding the overall function of the Subject Property (e.g., snow removal, trash enclosure, and trash pick-ups), disturbance to the existing parking lot as part of any construction and construction timeline, anticipated sit-down versus drive-thru traffic, and a general discussion on Pollo Campero, other locations, and the anticipated number of employees. Ms. McIntosh noted additional discussion and clarification were provided by both the project architect and City staff regarding the request by the Applicant to follow the City Code signage requirements as opposed to the guidelines within Shingle Creek Crossing. Ms. McIntosh stated the Planning Commission ultimately recommended City Council approval (6-0) of Planning Commission Application No. 2023-002 for approval of an amendment to the 2011 Shingle Creek Crossing Planned Unit Development plans and documents and site and building plan approval for the approximately 2,678-square foot restaurant and drive-thru located 5/22/23 -9- on Building Site R within the Shingle Creek Crossing Planned Unit Development and commonly addressed as 1340 Shingle Creek Crossing. Councilmember Lawrence-Anderson noted her appreciation of the pollinator-friendly column. She asked if the City can encourage more native and pollinator-friendly plantings. There are a host of plantings mentioned within the Monarch Pledge document. Councilmember Lawrence-Anderson asked what the type of food is and the price points. Jeff Stromgren, a representative of Rice Stromgren Architects, explained Pollo Campero originated in Argentina and has headquarters in Dallas. There is only one location in Minnesota, West St. Paul. They primarily have fried chicken with sides. The company is also working on a vegetarian menu. It would be considered fast food for pricing. Councilmember Lawrence-Anderson added the patio is very interesting and would be a great addition to the City. Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to adopt a resolution regarding Planning Commission Application No. 2023-002 for approval of an amendment to the 2011 Shingle Creek Crossing Planned Unit Development and approval of a site and building plan for an approximately 2,678-square foot restaurant and drive-thru on Building Site R within the Shingle Creek Crossing PUD, and located at 1340 Shingle Creek Crossing, based on the findings of fact and submitted plans, and as amended by the conditions of approval outlined in the related Council resolution. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. COMMISSION APPOINTMENTS Mayor Graves explained she had two appointments to the Housing Commission. The recommendations include Lori Best DeYoe, who comes from an unrepresented area of the City, and Letrecia Mayo. Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to ratify the Mayor's appointments to the Housing Commission. Motion passed unanimously. Mayor Graves added the Grant Policy Discussion planned for that evening would not be taking place. 11. COUNCIL REPORT 5/22/23 -10- Mayor Graves reported on her attendance at the following and provided information on the following upcoming events: • Attended the Mayor's Innovation Project • Attended Emerging BC Retreat and community dinner • Presented comments at the Twin Cities Diversity Homeownership Fair • Presented welcoming remarks at SEWA Health Fair Councilmember Kragness reported on her attendance at the following and provided information on the following upcoming events: • Met with Senator Pha; noted she wants to meet with Brooklyn Center officials regarding some legislation. Mayor Graves directed staff to schedule a presentation from Senator Pha on the calendar. Councilmember Jerzak noted Representative Vang should also be part of that conversation. Mayor Graves stated there were different interests between Brooklyn Center and Representative Vang. Councilmember Jerzak stated the Chair of the Committee represented the situation differently. Mayor Graves stated there were some other politics at play. 12. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Kragness seconded the adjournment of the City Council meeting at 8:13 p.m. Motion passed unanimously.