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HomeMy WebLinkAbout2023.11.13 CCM REGULAR SESSION11/13/23 -1- DRAFT 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 NOVEMBER 13, 2023 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in an Informal Open Forum called to order by Mayor Pro Tem Butler at 6:45 p.m. ROLL CALL Mayor Pro Tem Marquita Butler and Councilmembers Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Mayor April Graves was absent. Also present were City Manager Reggie Edwards, Director of Fiscal & Support Services Angela Holm, Community Development Director Jesse Anderson, Planner and Zoning Administrator Ginny McIntosh, Director of the Office of Community Prevention, Health and Safety LaToya Turk, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Jason Hill. Mayor Pro Tem Butler opened the meeting for the Informal Open Forum. Isaac C. introduced himself as Director of Governmental Affairs for the National Association of Hispanic Real Estate Professionals. He stated there are 100 chapters throughout the United States, and he is part of the Twin Cities chapter. They champion homeownership for Hispanic folks throughout the Metro area. Participants do not need to be Spanish-speaking or Latinx to be part of the chapter. Instead, they are looking for allies and partners that support the mission. He shared statistics about the growing Hispanic homeownership group. He shared copies of the report with the Council. The Council should consider the statistics when making housing policy and development decisions. Family and economic prosperity are highly valued in the Latinx community, which makes the community so powerful. Carol L. pointed out she previously spoke to the Council regarding 5936 Fremont Avenue North, which belongs to her son. There were issues with the signed leasing agent, and her son has received fines due to the leasing agent’s negligence. He has already had to pay for the rental license independently, and additional charges are added to the property taxes. Her son is working two jobs with open abscesses on his back to afford the additional charges. The leasing agent has been fired, but her son has to work on some repairs to the property before he can make any money on it, be it through a sale or renting. Jeff L. explained he tried to attend the public meeting on November 9, 2023. However, he was denied entrance by intervenors. He was brought to a separate room with a TV to view the meeting, 11/13/23 -2- DRAFT but the audio and visual components were poor. The behavior of the intervenors was appalling and aggressive. One of the intervenors wore a face mask and refused to identify himself. The intervenors did not promote a safe environment. Jeff L. stated he thinks the City violated open meeting laws. He asked if the City employed the intervenors. He asked who gave them the authority to keep people out of an open meeting. He asked who was responsible for overseeing the intervenors. He asked how much the City is paying the intervenors. The intervenors should not be allowed to serve in such a capacity. Jeff L. pointed out that the City already has limited financial resources, and they should not embark on social experiments with taxpayer money. He read statistics on the property taxes paid in various suburbs, and Brooklyn Center was the highest. Jeff L. added it is inappropriate for the Council to direct law enforcement to violate State and Federal laws. Julie B. noted she asked for accommodations for the open forum as standing at the podium isn’t a healthy option for her. She thanked Dr. Edwards for his assistance. She offered extra seeds from her garden. Julie B. explained she wrote a letter to the Council but wanted it to be reflected on the record. She read the letter from her phone. The letter was regarding November 9, 2023. She thanked staff and the Council for creating a safe space for the participants to discuss and get to the heart of the issue. The work has been difficult and scary. She has had to hire private security to attend public meetings with her, and she has had to put her daughter in safe houses since participating in the Implementation Committee. Julie B. acknowledged she asked for no media to be present at the meeting and for intervenors to be present at the meeting to help her feel safer. People trying to force themselves into the meeting was frightening. If her daughter had been present, it would have also been frightening for her. Many community members have been approached and made to feel unsafe in the community, including in their own homes. Overall, it was one of the first meetings she had attended in the City that she felt safer. Mayor Pro Tem Butler noted it was 7:02 p.m., but an individual has been waiting to comment since the beginning of the Informal Open Forum. She asked if the Council was comfortable extending the time to allow the commenter to speak. The Council agreed. Alfreda D. pointed out there is a difference in how different Staff are received by the Council when presenting, particularly Black Staff members. The disrespect is clear to the greater community. She asked if the Council has any accountability measures to address the disrespect issue. Alfreda D. added she attended a recent Council meeting on behalf of Jambo Africa. A certain Councilmember abstained from the vote. She stated she has a video recording from a few years ago of the same Councilmember vowing to get Jambo Africa shut down and prevent them from 11/13/23 -3- DRAFT conducting business in the City. The City will be sued if the Councilmember votes against Jambo Africa’s application. Councilmember Kragness moved, and Councilmember Jerzak seconded to close the Informal Open Forum at 7:02 p.m. Motion passed unanimously. 2. INVOCATION Mayor Pro Tem Butler acknowledged veterans and their service to the Country. The Veteran’s Day event was well-received, though she could not attend. Mayor Pro Tem Butler pointed out it is Native American Heritage Month. She read a statement about Native American history. All year long, the origin of the United States should be considered. She read a quote from Indigenous leader Sharice Davids, “Strong alliances can thrive even where disagreements exist, but they cannot thrive where free and open communication is shut down.” 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in a Regular Session called to order by Mayor Pro Tem Butler at 7:04 p.m. 4. ROLL CALL Mayor Pro Tem Marquita Butler and Councilmembers Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Mayor April Graves was absent. Also present were City Manager Reggie Edwards, Director of Fiscal & Support Services Angela Holm, Community Development Director Jesse Anderson, Planner and Zoning Administrator Ginny McIntosh, Director of the Office of Community Prevention, Health and Safety LaToya Turk, Assistant City Manager/City Clerk Barb Suciu, 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 Kragness seconded to approve the Agenda and Consent Agenda, as amended, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. October 23, 2023 – Study Session 2. October 23, 2023 – Regular Session The meeting minutes were removed from the Consent Agenda. 11/13/23 -4- DRAFT 6b. LICENSES MECHANICAL AJ Mechanical LLC 8939 Kirkwood Circle N, Maple Grove 55369 Vu Pham Inc. 12409 Midway Circle NE, Blaine 55449 RENTAL INITIAL (TYPE IV – six-month license) 3815 Oak Street D & T Properties, LLC 5124 66th Avenue N Dominic T Minor INITIAL (TYPE II – two-year license) 1510 69th Avenue N Julius Cochran 922 53rd Avenue N CASA VERDE LLC RENEWAL (TYPE IV – six-month license) 7200 Camden Avenue N Namaka Evergreen, LLC 707 69th Avenue N HP MINNESOTA I LLC 5006 France Avenue N A&M Estate Services Llc 5301 France Avenue N Juniper Land Trust Llc 5410 Girard Avenue N Cel Monton Llc 5661 Northport Drive Allan Kemboi 5949 Vincent Avenue N Royal Priesthood Llc 6113 Quail Avenue N SFR ACQUISITIONS 3 LLC 6131 Bryant Avenue N Jun Wang & Jinxiu Wang 6413 June Avenue N Cel Monton Llc 6418 Major Avenue N V Summers & J Summers 6701 Scott Avenue N Royal Priesthood Llc 6725 Bryant Avenue N Vong Duong & Ngoc-Kieu Huynh 11/13/23 -5- DRAFT 6800 Quail Avenue N Emmanuel Williams 6912 Unity Avenue N Geri L Williams RENEWAL (TYPE III – one-year license) 4210 Lakebreeze Avenue N Simons Revocable Trust 1300 72nd Avenue N Scott & Marinela Selseth 2806 65th Avenue N A-jelil Abdella & N Said 3101 61st Avenue N Janice K Leonard Rev Trust 4506 71st Avenue N Obafemi Oladeji 5351 Irving Avenue N Cel Monton Llc 6001 Admiral Place IH2 PROPERTY BORROWER LP 6116 Aldrich Avenue N BRIDGE SFR IV SEED BWR LLC 6349 Halifax Avenue N Qiang K Fang 6912 Logan Avenue N Hpa Borrower 2017 1 Llc RENEWAL (TYPE II – two-year license) 1519 Humboldt Place N Johnson Organization Inc 1525 Humboldt Place N Johnson Organization Inc 1543 Humboldt Place N Peter Imasuen 1549 Humboldt Place N Johnson Organization Inc 5640 Fremont Avenue N Cel Monton Llc 6800 Fremont Place N Sharon Mcgary 7212 Lee Avenue N Qiang K Fang RENEWAL (TYPE I – three-year license) 2307 54th Avenue N James J Johnson 4207 Lakeside Avenue N, #339 Nathan J Greiner 1555 Humboldt Place N Johnson Organization Inc 11/13/23 -6- DRAFT 1600 69th Avenue N Hieu C Vo 3819 Burquest Lane Amir Chaboki 5312 Queen Avenue N Renee Anoje 5348 70th Circle Xin Zhou 5352 72nd Circle Alkis Michaelides 5447 4th Street N Infinite Property LLC 5700 Camden Avenue N Danmark Properties Llc 5821 Ewing Avenue N Ih2 Property Illinois Lp 7110 Riverdale Road Acr Alta Vista Inc SIGNHANGER Apparently Graphic, LTD 8870 Zealand Avenue N, Brooklyn Park 55445 Vision Sign Company LLC 704 11th Ave nue SW, Isanti 55040 6d. RESOLUTION NO. 2023-101; DECLARING NOVEMBER 25, 2023, AS SMALL BUSINESS SATURDAY IN THE CITY OF BROOKLYN CENTER 6e. RESOLUTION NO. 2023-102; ESTABLISHING 2024 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES 6f. RESOLUTION NO. 2023-103; ESTABLISHING INTEREST RATE FOR 2024 SPECIAL ASSESSMENTS 6g. RESOLUTION NO. 2023-104; DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2024-01, ORCHARD LANE EAST IMPROVEMENTS Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. 2023 RANDOM ACTS OF KINDNESS CITY COUNCIL PRESENTATION City Manager Reggie Edwards introduced the item and invited the Office of Community 11/13/23 -7- DRAFT Prevention, Health and Safety Director LaToya Turk to continue the Staff presentation. Ms. Turk explained that the Random Acts of Kindness program was established in 1997. In 2021, the City of Brooklyn Center proclaimed and designated October 25th as Random Acts of Kindness Day. The focus is to honor Brooklyn Center community members who make the City a wonderful place to live and work. Ms. Turk noted the additional nomination options, enhanced media promotion, community engagement efforts, communications efforts, and additional invitations significantly increased the number of nominations received by the City. Ms. Turk showed a video from the 2022 event. She pointed out nominees will be recognized by the City Council and presented a certificate of appreciation at a separate celebration on Saturday, November 18th, 2023, at the Brooklyn Center Community Center-Constitution Hall from 12:00 p.m. to 3:00 p.m. Mayor Pro Tem Butler asked if anyone on the Council could attend the event. Councilmember Lawrence-Anderson stated she would be in attendance. Councilmember Kragness stated that Allan Hancock nominated the Brooklyn Center Lions Club for the Cone with a Cop event. Allan Hancock nominated Mandora Young for teaching Hmong Paj Ntaub to community members. Darryl Sannes was nominated by Allan Hancock for cleaning and gluing storm drains in his neighborhood. Chuck Humke was nominated by Allan Hancock for helping to shovel neighbors’ driveways. Councilmember Kragness stated Christina Jones and Lydia Shields were nominated by Armando Ostr for their work at the Brooklyn Center Community Schools Health Resource Center. Sandy Becker was nominated by Arvid Sorsenson for cleaning the 252 bus shelter weekly, collecting glasses for those in need, serving as a co-chair for a blind dinner club, and planning the annual BC Lions Club potluck. Erwin Heisler was nominated by Arvid Sorenson for doing weekly shopping for a blind person, serving as a co-chair for a blind dinner club, and planning the annual BC Lions Club potluck. Councilmember Kragness stated Madeline Mork and Wendy Christenson were nominated by Brenda Johnson for their work with the Buy Nothing Project. Michelle Aud was nominated by Darnell Hancock for offering yoga classes at the Thursday Farmer’s Market. Joan Schonning was nominated by Darnell Hancock for hosting a Treasure Swap and donating extra items to ARC. Councilmember Lawrence-Anderson stated Diane Sannes was nominated by Darnell Hancock for delivering bagels to schools instead of allowing them to go to waste. Susan Arneson was nominated by Darnell Hancock for hosting Cones with a Cop. Councilmember Lawrence-Anderson stated the Igbo Women’s League of Minnesota Amrill Okonkwo was nominated by Darryl Sannes for providing free COVID shots to the community. The Yang family was nominated by Darryl Sannes for picking up trash around Palmer Lake. Kim Kenny was nominated by Darryl Sannes for picking up trash in the community. 11/13/23 -8- DRAFT Councilmember Lawrence-Anderson stated Michael Crenshaw by David Blas for doing yard work for neighbors, even despite medical issues. Pastor Ruth Ann Ramstaed and BUMC Church was nominated by Diane Sannes for their work with the Thursday Farmers Market. Jill Dalton and Jack MacMillian were nominated by Diane Sannes for serving as master recyclers. BC Cub Manager Jamar Hester was nominated by Diane Sannes for providing discounted food for school students. Megan Lindstrom of Doherty Staffing was nominated by Diane Sannes for hosting Cones with a Cop. Mayor Pro Tem Butler stated Russell Waisanen and Richard Kopf were nominated by Ginny Exel for helping her care for her home. Lois Hattenberger was nominated by Ginny Exel for helping her neighbors and volunteering at church. Kathy and Don Winn were nominated by Ginny Exel for helping her after a medical incident and serving at the church. Mayor Pro Tem Butler stated Barb Suciu was nominated by John Solomon for going above and beyond her Staff role to serve community members. Kavess’e Wicher was nominated by John Solomon for helping an elderly and ill neighbor. Pamela Solomon was nominated by John Solomon for caring for elderly and ill neighbors. Kim Jones was nominated by John Solomon for going above and beyond her role as a Receptionist at Brooklyn Center High School to get to know and serve students in need. Mayor Pro Tem Butler stated the Brooklyn Center Garden Club was nominated by John Trautmann for cleaning out weed overgrowth and planting gardens in the community. Mayor Pro Tem Butler stated Rebecca Walker was nominated by Julie Bourque for being a generous neighbor. Diana Bourque was nominated by Julie Bourque for helping elderly neighbors navigate various medical needs. Councilmember Jerzak stated the whole McDonald’s Morning Crew including Melissa Morehouse, Chance Thao, Terrance Tate, Suzy Juarez Parez, Roxana Cruz-Lozano Ariel Ortega Peralta, Sandra Domingo, Silvia Lozano, Alberto Vazquez, Maria Ibarra Carillo, Daniel Miranda, Victor Marquez, Brigida Martinez-Rubio, Cesar Berrera, Marina Olmeda, and Ezequial Aredondo by Julie Bourque for making everyone’s days brighter. David Yang was nominated by Julie Bourque for generosity shown toward neighbors. Councilmember Jerzak stated Jan Tieden was nominated by Karen Jacobson for cleaning up parks, planting gardens, and more with her daycare children. Pastor Jim Verbout was nominated by Kathy Winn for going above and beyond his duties as Outreach Pastor at Lutheran Church of the Master including building relationships with Brooklyn Center’s Fire and Police Departments, collecting food and clothing donations, building beds for the homeless, mentoring youth, organizes a food pantry, and more. Councilmember Jerzak stated Craig Phillips was nominated by Mary Senner for plowing their driveway multiple times. Eddie Chesmer was nominated by Nancy Lundgren for serving his neighbors. Lowell Kpanyor was nominated by Raquel Goutierez for his kindness and engaging presence at the Block Party. Gladys Castellano was nominated by Raquel Goutierez for the work she does that goes unnoticed. 11/13/23 -9- DRAFT Councilmember Jerzak stated Keevin Miller was nominated by Reese and Denise Fadina for helping out his neighbors. Derrick and Andrea Lanz were nominated by Robin Hall for helping with snow removal. Councilmember Kragness stated Greg and Donna Jones were nominated by Robin Hall by helping with snow maintenance. Councilmember Lawrence-Anderson stated Butch Zang and Jeff Foss were nominated by Robin Brisse to help a teenager to repair his bike. Mayor Pro Tem Butler stated the Brooklyn Center Lady Lions Club was nominated by Susan Arneson for cleaning bus shelters, donating diabetes kits, cleaning parks, hosting Cone with a Cop, driving seniors to appointments, and more. Councilmember Jerzak stated Soldiers 6 was nominated by Fire Chief Todd Berg and Police Commander Tony Gruening for helping the City get their two compassion dogs. Councilmember Kragness stated TaLeia “ACE” Thomas was nominated by Tom Agnes for immediately giving the shoes she was wearing off her feet to a homeless man. Ms. Turk added there is a Community Engagement Connector Award for leaders who engage and connect the Brooklyn Center community to needed resources. The 2023 Award goes to Brooklyn Center Community Schools Health Resource Center and Northwest Family Resource Collaborative. 8. PUBLIC HEARINGS None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2023-007, SUBMITTED BY 7100 BROOKLYN BLVD LLC, FOR CONVERSION OF A FORMER CREDIT UNION AND OFFICE BUILDING INTO A 17-UNIT MULTI-FAMILY RESIDENTIAL BUILDING AND RELATED IMPROVEMENTS (7100 BROOKLYN BOULEVARD) Dr. Edwards introduced the item and invited City Planner and Zoning Administrator Ginny McIntosh to continue the Staff presentation. Planner and Zoning Administrator Ginny McIntosh explained 7100 Brooklyn Blvd. LLC is requesting review and consideration of a proposal to convert a former credit union and office building located at 7100 Brooklyn Boulevard into a 17-unit multi-family residential building. According to Hennepin County records, the property was sold to the current owner in March 2023. Section 35-7605 that a significant amendment to an approved site and building plan shall be 11/13/23 -10- DRAFT triggered under specific outlined scenarios, including a “20 percent or greater change in the number of residential units.” A review of a significant amendment under the City’s Unified Development Ordinance shall follow the procedure for issuing a new site and building plan approval. This threshold is triggered as the proposal would result in a 100-percent change in the number of residential units. Ms. McIntosh showed images of the site and the views from the site. At one point, the property was the Brooklyn Center City Hall. In 1985, there was approval for a site and building plan and a special use permit for construction of a two-phase office building development. The second building was never built. True mixed-use districts were not in place until the adoption of the City’s UDO, but the former code did allow for limited non-residential uses within its higher-density multi-family residential districts. Ms. McIntosh stated the office uses were limited to lower intensity C1 uses such as financial, employment, legal offices, and medical offices. The general sense was that limited office uses were permitted through special use permits where their intensities would not conflict with multi-family residential users. The subject property was rezoned in January 2023 for multi-family residential and commercial uses. Ms. McIntosh pointed out City Staff worked with the former owner and new owner in early 2023 to prepare an access easement and utility facilities agreement to ensure the City had access to the stormwater pond. Ms. McIntosh stated the proposed 17-unit multi-family residential building would have limited alterations to the property's exterior. The proposal falls within density allowances and is actually on the lower end. The proposal is in line with the City’s 2040 Comprehensive Plan. The unit mix would include five studios, 11 one-bedroom, and one two-bedroom. She showed an image of the site and building plan. Ms. McIntosh stated the proposed conversion from the existing office building use to multi-family residential would result in limited impacts on the existing exterior areas of the Subject Property. Although there are plans to remove an existing standalone ATM located at the western edge of the property, re-stripe and remove certain parking within the surface parking lot, and install a new, expanded trash enclosure along the eastern edge of the property, almost all work would be contained to the interior of the building. Ms. McIntosh added there are no plans to alter the existing curb cut, which is located off the east side of Brooklyn Boulevard and provides full vehicular access to and from the Subject Property. Similarly, there are no significant plans to alter the existing surface parking lot and circulation, given that most work would be contained to the interior of the former office building. Ms. McIntosh pointed out a multi-use trail currently runs parallel to the property line of the Subject Property and along Brooklyn Boulevard. The 723 Metro Transit bus line provides service at stops just off the property, with service by the 761 line to the north. Following communication with City Staff, the applicant revised their plans to incorporate a bike rack to the east side of the building. 11/13/23 -11 - DRAFT Ms. McIntosh stated the property appears to have 64 parking spaces available to date, although some of the parking spaces appear too narrow for parking purposes. As proposed, the applicant intends to remove five parking spaces located just outside the doors located on the east side of the building to allow for the turning movements necessary for a garbage truck and the bike rack and an additional five parking spaces at the northeast end of the parking lot to accommodate the new trash enclosure. The City’s Unified Development Ordinance, as outlined under Section 35-5506, notes a maximum provision of two parking spaces per dwelling unit in multi-family residential situations. Assuming 17 dwelling units, a maximum of 34 parking spaces is required per Code. Ms. McIntosh noted that the submitted plans denote a total impervious surface coverage of 76 percent, which falls below the City’s newly outlined maximum impervious coverage of 80 percent for Neighborhood Mixed- Use District properties. As the property is non-conforming with respect to setback regulations and parking lot placement as outlined under the Neighborhood-Mixed Use District provisions, City Staff would welcome future opportunities to provide residents with additional outdoor amenity space. Ms. McIntosh pointed out, as demonstrated in the submitted plans, that the minimum drive aisle widths and dimensional standards outlined within Section 35-5504 appear to be met. To manage parking and as part of the plan updates, the Applicant also intends to provide dedicated parking space for each unit and to manage parking. Ms. McIntosh explained that an original photometric plan submitted as part of the October 12, 2023 report contained a number of deficiencies with the lighting requirements as outlined under the City Code for open-air parking lots, fixture types, and illumination levels concerning the neighboring uses. In response to City Staff comments, the applicant worked with a different lighting contractor to revise the lighting plans per City Code requirements. Any and all lighting and fixtures shall comply with City Code provisions as outlined under Section 35-5400. The revised plans generally fall within the allowable open-air parking lot illumination levels permitted under the City Code. Similarly, the proposed light poles are noted as 20 feet in height, which falls within the maximum allowable pole heights, and the wall fixtures have since been revised from wall packs, which are not permitted except for service/loading areas, to LED wall sconces. Ms. McIntosh added that the illumination levels along the building have also since been reduced following City Staff concerns regarding excessive lighting and potentially negative impacts on abutting single-family residential properties. Given the proximity of single-family residential to the north, it is important that any and all lighting limits glare and light spill into the backyards of these properties. Although the wall fixtures generally meet the minimum illumination levels for primary entrances and exits, City Staff requests additional illumination levels for the lighting over the exit door located on the north elevation. Ms. McIntosh noted an existing trash enclosure is located on the east side of the Subject Property; however, the applicant proposes to replace and relocate the trash area further to the east, towards the edge of the parking lot. The existing trash enclosure would be removed, and the area would be re-purposed for snow storage. When City staff first met with the applicant, concerns were raised about a garbage truck’s ability to navigate this area as it appeared there were no areas to turn 11/13/23 -12- DRAFT around. This would have required a garbage truck to pick up trash at the eastern edge of the parking lot and navigate in reverse back towards the Brooklyn Boulevard entrance before turning around. Ms. McIntosh stated city staff requested the applicant provide a turning diagram showing that a typical garbage truck could make the turning movements. Following this, the applicant’s team revised the site plan to make alterations to the east portion of the parking lot and removed the parking located just outside the east doors to allow for maneuvering. A turning movements diagram was provided that demonstrates the ability of a 30-foot-long truck to navigate the trash enclosure and parking lot area. city staff had previously requested striping and signage to ensure no one parked or obstructed this area; the civil plans have since been revised to indicate a painted access aisle with white cross-hatching. Ms. McIntosh explained that the new, expanded trash enclosure would be constructed of brick or stone to match the existing brick building and with precast concrete caps. The enclosure appears to feature wooden, opaque doors. Although no measurements are provided, the new trash enclosure should be located at least five feet off the interior property line. All ground-mounted equipment over 30 inches in height or greater than 12 cubic feet shall be effectively screened from public view. Similarly, roof-mounted equipment shall be screened from view through parapets, wall/ fencing materials, or paint compatible and complementary to the building. Ms. McIntosh pointed out that city staff noted clear visibility to the neighboring single-family residential to the north in visiting the Subject Property. Although the City approvals noted under Planning Commission Application No. 85011 acknowledged an existing cedar hedge along the north and east property lines as an appropriate method of screening from the residential uses, it was also stipulated that replacement screening would be required were it to fail. Ms. McIntosh stated although there is an existing chain link fence in place, city staff requested the applicant revise the screening along the north property line to comply with the City’s screening standards and specifically to minimize the negative impacts of vehicle lights shining into single- family residential yards as they navigate the parking lot. Following the Planning Commission and public hearing on October 12, 2023, the applicant requested city staff allow for the revision of plans to address comments made by Brooklyn United Methodist Church for a privacy fence along the northern property line and to address City Staff comments. Ms. McIntosh stated there are no plans to alter the exterior of the building, except for some identified tuckpointing required on the existing brick exterior. A new engineered canopy would be installed over a proposed exterior mailbox area outside the main doors to match the existing main entry canopy. City Code requires no less than 60 percent face brick, natural or colored stone, pre- colored or factory stained or stained on-site textured pre-cast concrete panels, textured concrete block, stucco, glass, fiberglass, or similar materials. Although this requirement appears to have been met, city staff requests a rendering with a schedule breakdown of building materials by percent. Ms. McIntosh pointed out a previously approved landscape plan on file for the Subject Property, approved in 1985 under Planning Commission Application No. 85011; City Staff requested the applicant work off this plan as a baseline. It should be noted that the approved landscape plan 11/13/23 -13- DRAFT contemplated the two-phase development; therefore, certain plantings contemplated in the original 1985 plan were never installed. Ms. McIntosh noted that the applicant provided a preliminary plan schedule and landscape plan, which was reviewed as part of the October 12, 2023 report. At the time, City Staff noted that, while Green Ash trees are native to Minnesota, they have generally been overplanted and are becoming less and less familiar with the presence of Emerald Ash Borer in the State. City Staff requests the applicant determine if there are any opportunities to treat the trees, given their deteriorating condition. If not, city staff requests the applicant work with a City-approved certified arborist to remove the trees to minimize the spread of Emerald Ash Borer. Ms. McIntosh explained the applicant has since revised the landscape plans to incorporate ten additional Isanti Redosier Dogwoods. An underground irrigation system must be installed in all landscaped areas to help facilitate site maintenance, as noted in the 1985 approvals. The submitted landscape plan identifies existing turf and irrigation lines intended to remain and new drip irrigation to be installed around the building foundation planting areas. Ms. McIntosh added that in reviewing the submitted initial landscape plans, city staff noted that a considerable area along the northern property line was proposed to install wood mulch, which is considered a temporary ground cover. Although edging can be utilized to help contain the mulch, city staff expressed concern with the proximity of this area to the City’s stormwater pond and that a portion of this area is intended for snow storage. With this in mind, city staff requested the applicant identify alternative landscaping measures for this area. The applicant has since revised the landscape plans to reflect the installation of rock mulch in those areas surrounding the trash enclosure and snow storage areas before transitioning to wood mulch along the property line area. Ms. McIntosh stated the applicant requested reuse of the existing sign cabinet at the top of the building and facing Brooklyn Boulevard, which is approximately 61 square feet. Any new signage would be required to comply with the provisions outlined within Section 35-6000 of the City Code. Although the sign size appears to exceed the City’s maximum wall size provisions for multiple family dwelling units, Section 35-6300 stipulates that “nonconformities will generally be permitted to continue under the provisions of this Code;” therefore, it is interpreted that a replacement panel would be permitted. Should the wall sign be majorly altered or the cabinets replaced in the future, the sign would be required to comply with City Code requirements. Ms. McIntosh confirmed engineering reviewed plans and provided a memo dated October 4, 2023. Existing comments still stand. The applicant will need to revise parking signage as part of ADA compliance and obtain any potential permitting from Hennepin County. Ms. McIntosh added the Building Official conducted a cursory review on October 9, 2023. The applicant must comply with comments as part of any permitting. A fire sprinkler and monitoring system is required for installation, ADA regulations must be met concerning any building or site improvements, a SAC determination shall be submitted to the Metropolitan Council, and approvals from the Hennepin County Health Department must be approved. Ms. McIntosh noted a CPTED review is to be completed by city staff, and a rental license must be 11/13/23 -14- DRAFT applied for and maintained prior to any occupancy. Ms. McIntosh pointed out that a public hearing notice was published in the Brooklyn Center Sun Post and mail notifications were sent to all physical addresses within 350 feet of the subject property. Ms. McIntosh noted on October 4, 2023, city staff received a voicemail from a business owner located within the Boulevard Plaza office condominiums, located just south of the Subject Property. On October 6, 2023, city staff received a letter with an attached petition of signatures from 31 individuals operating out of the Boulevard Plaza office condominiums. The letter outlined various concerns, such as changing the area's environment to a residential area rather than a business district, safety concerns, increased traffic, dumping concerns, and privacy concerns. Ms. McIntosh stated on October 11, 2023, city staff received an email from the representation of Brooklyn United Methodist Church, who indicated a “vested interest in the housing proposal because our parking lot abuts the property in question.” They inquired about the proposal and requested the installation of a privacy fence between the subject property and the overflow lot. A follow-up email was sent to city staff following the public hearing. Ms. McIntosh noted that Pham-Vang Optometry, who initially signed the petition letter presented by the Boulevard Plaza office condominiums, submitted a separate letter of petition following the public hearing on October 13, 2023. Ms. McIntosh stated the Planning Commission posing questions regarding the availability of outdoor amenity space, safety and security within the building, the types of tenants likely to occupy the building, the availability of on-site management, and opportunities to address concerns addressed by neighboring property owners. Following the close of the public hearing, the Planning Commission recommended denying the requested site and building plan with a 3-2 vote. Ms. McIntosh added that the Housing Commission reviewed the proposal at their October 17, 2023, meeting and generally favored the proposed conversation. They cited housing diversity and choice as part of the support. They had questions regarding how neighboring business owners' grievances might be addressed. Ms. McIntosh explained overall, the proposal generally meets the minimum requirements outlined under the City’s Unified Development Ordinance and Section 35-7604. There are two proposed options before the Council. The first option is a motion to direct staff to prepare a resolution approving the site and building plan (major amendment) as outlined in Planning Commission Application No. 2023-007, which would convert a former credit union and office building to a 17-unit multi-family residential building, subject to the outlined conditions of approval. The second option is to direct Staff to prepare a resolution denying the site and building plan (major amendment) as outlined in Planning Commission Application No. 2023-007 with outlined findings of fact. Ms. McIntosh offered to answer any questions of the City Council regarding the request. 11/13/23 -15- DRAFT Councilmember Lawrence-Anderson asked why the Planning Commission voted in the way they did. Ms. McIntosh stated she tried to get clarity from the Planning Commission. There were some concerns about the form and fit of the building and an amenity space. There were also questions about building code, which isn’t under the purview of the Planning Commission. Any building code issues would be resolved as part of the approval process. Councilmember Lawrence-Anderson noted she attended the Planning Commission meeting, and the Commission primarily appeared neutral on the topic. Councilmember Jerzak pointed out there seems to be extensive opposition to the project, as seen by the Planning Commission vote and community feedback. He asked where the opposition came from. Ms. McIntosh stated the letter from the neighboring office expressed that this area was a business district and was not a residential area. The new zoning does allow for the use. Other concerns mentioned included safety, increased traffic, dumping, and privacy concerns. The applicant tried to address most of the issues. However, many of the concerns are not within the scope of the Planning Commission review or land use review. Councilmember Jerzak asked if the City was approached regarding a conversion prior to a purchase. Ms. McIntosh stated the former owner did engage with city staff in January 2023. Staff walked through the new owner about potential space uses, including a multi-family or office use. Councilmember Jerzak asked what the new owner’s initial plan for the space was. Ms. McIntosh stated the new owner didn’t indicate a specific preference until after purchasing the building. Councilmember Kragness asked about the longevity of the businesses who wrote the opposition letters. Ms. McIntosh stated the writer of the initial office letter has been in the space for about 24 years. She stated she is unaware of the length of the other unit occupants’ use of the space. Councilmember Lawrence-Anderson stated she would like to hear the perspectives of her colleagues. Councilmember Jerzak stated he is inclined to vote in line with the Planning Commission and the opposition letters. He added it doesn’t seem to be a good fit for the area. However, he is open to approving the application if the other Councilmembers support it. Mayor Pro Tem Butler noted parking is a concern because of its proximity to Brooklyn Boulevard. Councilmember Kragness noted her agreement with Mayor Pro Tem Butler. She added she doesn’t want there to be an adverse impact on the long-term business owners in the area. She asked if there is a better location for the plan. Councilmember Lawrence-Anderson moved, and Councilmember Jerzak seconded to direct staff to prepare a resolution denying the site and building plan (major amendment) as outlined in Planning Commission Application No. 2023-007 with outlined findings of fact. Motion passed unanimously. 11/13/23 -16- DRAFT 9b. RESOLUTION REGARDING PLANNING COMMISSION APPLICATION NO. 2023-006, SUBMITTED BY AWC HOLDINGS LLC, FOR CONVERSION OF AN EXISTING TWO-TENANT BUILDING TO AN APPROXIMATELY 10,200- SQUARE FOOT RESTAURANT AND BAR (NIGHTCLUB) AND 704-SQUARE FOOT OUTDOOR PATIO (5927 JOHN MARTIN DRIVE) Councilmember Lawrence-Anderson stated she has concerns about the parking variance. Dr. Edwards introduced the item and invited Planner and Zoning Administrator Ginny McIntosh to respond to any additional questions. Ms. McIntosh explained on October 23, 2023, the City Council made a motion to direct staff to prepare a resolution approving a variance as outlined in Planning Commission Application No. 2023-006 for a 59-parking space deficiency associated with related site and building plan and conditional use permit requests that would allow for the conversion of an existing two-tenant building to an approximately 10,200-square foot restaurant and bar (nightclub) with 704-square foot outdoor patio at 5927 John Martin Drive, and subject to outlined conditions of approval. Ms. McIntosh stated variances have a higher level of scrutiny, and it is rare to bring variances to Councils due to the height of the criteria standard. Ultimately, the owner cannot be the reason for the variance. They are generally due to topological considerations. Councilmember Jerzak stated a thriving business needs all possible parking spaces. Any parking issues would overflow to the Police Department. Also, he doesn’t want to set a precedent. Mayor Pro Tem Butler asked what the Council committed to in the previous vote. City Attorney Jason Hill explained City Council made a motion to direct staff to prepare a resolution approving a variance, but it wasn’t an approval in and of itself. If the resolution failed, it would then be deemed a denial per the Statute. Councilmember Lawrence-Anderson added she is concerned about the proposed site and its conflict with the Opportunity Site, similar to her comments at the previous meeting. Councilmember Jerzak noted his agreement with Councilmember Lawrence-Anderson. Councilmember Kragness added she supports the project but not the location. Mr. Hill recommended Councilmember Jerzak clarify why he abstained from the previous vote but is now voting on the matter. Councilmember Jerzak stated he is not abstaining from the vote because of the policy precedent approving the application would set. He previously abstained due to his past role working for the City. 11/13/23 -17- DRAFT Mayor Pro Tem Butler added there needs to be a motion and a second for the item regardless of how Councilmembers are going to vote on the item. Mayor Pro Tem Butler moved, and Councilmember Lawrence-Anderson seconded to adopt a Resolution regarding Planning Commission Application No. 2023-006, submitted by AWC Holdings LLC, for approval of a variance for a 59-space parking deficiency and conditional use permit that would allow for the conversion of an existing two-tenant building to an approximately 10,200-square foot restaurant and bar (nightclub) with 704-square foot outdoor patio at 5927 John Martin Drive, based on the submitted findings fact, and as amended by the conditions of approval in the Resolution. Mayor Pro Tem Butler stated the Council previously agreed to move forward with the application approval, so she wants to continue with the approval. Councilmembers Kragness, Lawrence-Anderson, and Jerzak voted against the same. Motion failed. Dr. Edwards asked if the Council needs to direct staff to write a resolution of denial. Mr. Hill stated Statute only requires that Councilmembers dictate the reason for the denial, which has been done. 10. COUNCIL CONSIDERATION ITEMS 10a. FOLLOW UP FROM SPECIAL ASSESSMENT HEARING FOR PROPOSED SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS Dr. Edwards introduced the item and invited Community Development Director Jesse Anderson to make the staff presentation. Mr. Anderson explained at the City Council Meeting on October 23, 2023, that two properties appealed the Administrative Fines/Citation Costs during the Special Assessment Hearing. City Council asked staff to bring back information regarding the properties to the November 13, 2023 City Council meeting. Properties 5936 Fremont Ave N and 5520 James Ave N appealed and attached are the summaries for both properties. Mr. Anderson stated for 5936 Fremont Ave N; staff found the property during a proactive code enforcement sweep of the City due to property code violations. It was determined to be an unlicensed rental property due to visits to the property. Staff conducted 14 inspections over ten months. Five administrative citations were issued totaling $6,100, all of which were for renting without a license. The owner's mom brought this item up due to medical issues of the owner. The owner leased his property through a leasing agent, but the agent didn’t allow the son to check in on the rental property. Mr. Anderson noted for 5520 James Ave N, the appellant stated that the other occupants left their inoperable vehicles at the property, and he could not get the vehicles towed. He also stated that he didn't check his mail due to the overwhelming amount of mail he was receiving. Due to his financial situation, he cannot pay the citation amounts. 11/13/23 -18- DRAFT Mr. Anderson pointed out that the City became aware of the property due to a complaint regarding inoperable vehicles and a fallen tree. Staff conducted 14 inspections over five months. Staff spoke with the resident twice to discuss the violations and made multiple additional attempts. Seven administrative citations were issued, and $3,125 has been assessed to the property taxes. Citations were for inoperable vehicles, accumulated junk and materials, a fallen tree, and a broken garage door. He showed images of the property, showing it is now in compliance. Mr. Anderson stated the recommended action for 5936 Fremont Ave N is to dismiss $4,000 and specially assess $2,100 plus the $40 certification fee to the property tax rolls. The owner has applied for a rental license. Mr. Anderson stated the recommended action for 5520 James Ave N is to dismiss $6,000 and specially assess $3,000 plus the $40 certification fee to the property tax rolls. The property is currently in compliance. Mr. Anderson added that no action is needed if the City Council would prefer not to reduce the citations. If the City Council prefers to adjust the amount of the reduction, the resolution can be amended with the motion to approve. Councilmember Jerzak stated this is a difficult topic. He asked why prosecution for renting without a license wasn’t sought out. He explained it is a non-biased third-party. As for the other property, he asked why an occupied abatement wasn’t completed; it would be a suitable alternative response. Both situations have a mental health component; he asked if the City’s social worker was included in the manner. The fines will be prohibitive and promote displacement. The City didn’t do well in either situation. Mr. Anderson stated a prosecution effort is typically done after a $2,000 citation, which wasn’t reached in either scenario. As for an occupied abatement, some of the issues could have been fixed through that process. Councilmember Kragness asked if a property owner can respond to mail notices to work out a payment plan or alternative resolution. Mr. Anderson stated there can be a hearing officer appointed upon request of the property owner via appeal. That typically results in waiving the fines and a “probationary” period for the property owner to maintain compliance. Staff does try to be flexible with time frames based on the circumstances of the property owner. Mayor Pro Tem Butler moved, and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2023-105; reducing the certified special assessments for certain properties for administrative fines and citation costs from the Hennepin County Tax Rolls. Councilmember Jerzak stated the City needs to do better going forward. He thanked staff for their work to find a compromise. Motion passed unanimously. 11/13/23 -19- DRAFT 10b. RESOLUTION NO. 2023-106; APPROVING THE GRANT ADMINISTRATION POLICY Dr. Edwards introduced the item and invited Director of Fiscal & Support Services Angela Holm to make the staff presentation. Ms. Holm explained the City Council requested a Grant Administration Policy be established. This was initially given to staff and was later referred to the Finance Commission for completion. The Fiscal and Support Services Department wants to promote accurate financial reporting and clear policies. Ms. Holm pointed out staff plans to seek out more grants, which requires a grant policy to ensure best practices and that the City is being responsible stewards of the money. Work has been completed to develop, implement, and maintain meaningful grant oversight for the City, EDA, and HRA. The goal is to have a uniform method of applying for and managing grants. Uniform Guidance is applicable to Federal Funds. Procedures represent an implementation of the policy. Ms. Holm stated The Finance Commission members met in early 2023 to discuss the request and determine the most efficient way to complete the task. City staff had obtained sample grant policies from other local municipalities as well as municipalities in other states. It was determined that each member of the Commission would review one of the policies, and the group would reconvene to discuss the components of their respective policies that best represented the City’s priorities. The group attempted to reconvene several times but struggled to secure the necessary quorum to take official action. Ms. Holm noted one policy that was received by the group was from the City of Bloomington, MN. This policy was a portion of Bloomington’s larger comprehensive financial policy. It had been vetted by their legal counsel and their City Council. There were many components that aligned well with Brooklyn Center’s priorities. Due to not having a quorum for multiple meetings, city staff elected to proceed forward with a version of the Grant Administration Policy and presented it to the City Council on May 22, 2023. Ms. Holm explained highlights of the policy include the Council approving all grant awards, all awards requiring a resolution to Council approving grant acceptance and required budget adjustments, grant awards will be subject to the City’s purchasing policy, all grant documentation will be stored electronically in accordance with the City’s Document Retention Policy, and a grant fund will not be disbursed until a fully executed agreement has been received. Ms. Holm added departmental grant administrators are the main contact for each grant. Grant review will occur periodically to ensure funds are sufficient or will be fully expended within the grant timelines. A final close-out memo will be prepared by the proper department. Also, the Finance Director will confirm the grant closeout and submit any closing documentation to the granting entity. Ms. Holm stated there was further discussion about the policy following its submission to the Council. There is a proposed revision on page five. It currently reads, “Ensure that grant-funded 11/13/23 -20- DRAFT personnel are on a contract basis.” The proposed change is to “ensure that grant-funded personnel will be on a contract basis whenever possible.” The hope is to avoid putting strong restrictions on grant-funded positions. For example, a contract basis for full-time firefighters may not be appropriate. However, the City would still like to seek out funding to support the growth of the Fire Department. Councilmember Lawrence-Anderson stated she prefers the original language on page five. She suggested it read, “ensure that grant-funded personnel are on a contract basis unless there is proper approval by the Council.” She explained the “whenever possible” portion is vague, and she doesn’t support it. Councilmember Jerzak noted his agreement with Councilmember Lawrence-Anderson. He explained his distaste for contracted positions being forced onto the levy. Mayor Pro Tem Butler asked if it is feasible for all grants to come before the Council due to the amount of grants that are applied for. Dr. Edwards stated there aren’t many grants that pay for staffing, so it is not burdensome to staff. Councilmember Jerzak suggested there be more foresight to build capacity when considering grants and preparing for transitions after the funding subsides. Councilmember Kragness stated the policy gives the responsibility back to the Council to determine the sustainability of grant funding. It isn’t fair for staff to be hired on a contractual basis without fully understanding the implications, except for Police and Fire. She noted her agreement with the wording suggestion made by Councilmember Lawrence-Anderson. Councilmember Lawrence-Anderson pointed out that the Council has been in the dark about previous grant application efforts. It sounds like the proposed policy ultimately goes back to the Purchasing Policy to determine the grant amounts brought before the Council. It would be tedious for every grant to go before the Council, but she wants to know about substantial grants and their implications. She encouraged the Finance Commission to meet to review the Purchasing Policy. Councilmember Kragness stated some members of the Finance Commission discussed the Purchasing Policy and the Grant Policy was written completely separately from the Purchasing Policy to decrease staff burden and tedious oversight. The proposed Grant Policy is a good balance of various considerations. There wasn’t a quorum, but a consensus among the present Finance Commission. Councilmember Jerzak asked for the Purchasing Policy to be revisited in a coming Work Session. Dr. Edwards stated staff wouldn’t be able to write a new policy at present due to staffing levels. He suggested the policy be rewritten in the Spring. Councilmember Lawrence-Anderson suggested a Work Session before the Spring for the Council to provide input regarding what they want to see in the Purchasing Policy in preparation for staff capacity to be available for a thorough rewrite. Dr. Edwards confirmed that the staff could facilitate conversations regarding the Purchasing Policy with the Council. 11/13/23 -21- DRAFT There was consensus by the Council to have Work Sessions regarding the Purchasing Policy before Spring 2024. Councilmember Kragness added that the Finance Commission needs to be complete and tasked with reviewing the Purchasing Policy within the same timeline. Councilmember Jerzak moved, and Councilmember Kragness seconded to adopt RESOLUTION NO. 2023-106, a Resolution adopting the Grant Administration Policy located in the City Code of Policies, Financial Policies Section 2.25, with the language amendment suggested by Councilmember Lawrence-Anderson. Motion passed unanimously. Councilmember Lawrence-Anderson reiterated her language amendment was for page five to say, “ensure that grant-funded personnel are on a contract-basis unless approved by the City Council.” 11. COUNCIL REPORT Council Report was not considered due to the late hour. 12. ADJOURNMENT Mayor Pro Tem Butler moved, and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 8:56 p.m. Motion passed unanimously.