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HomeMy WebLinkAbout2024.02.26 CCM REGULAR SESSION2/26/24 -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 FEBRUARY 26, 2024 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor April Graves at 7:00 p.m. 2. ROLL CALL Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Also present were City Manager Reggie Edwards, Zoning Administrator Ginny McIntosh, Associate Planner Krystin Eldridge, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Jason Hill. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4. INFORMAL OPEN FORUM The Council read through the Decorum Guidelines for Open Forum. Mayor April Graves opened the meeting for the purpose of Informal Open Forum. Julie B. stated it is concerning that the Work Session is no longer recorded and that there are no minutes for review. She asked why the space is being gatekeeping, noting it is a violation of the mission and values developed collaboratively at the strategic planning meetings. The City needs to be transparent, and many people are upset about not being able to participate in the civic process. Julie B. stated she used to write to the Council with concerns, but she did not receive a response. Open forum is the only opportunity to have comments put in the public record. It would be a disservice to eliminate Zoom public comment. There is already a limited time, and the Council shouldn’t limit the comment even further. Julie B. added her comments from the previous meeting were characterized as personal attacks. In reality, she was requesting that accountability be taken by elected officials and appointed commissioners. Thankfully, someone recorded the Work Session from the meeting because Julie B. learned that much of the decorum document is a violation of the First Amendment. The only legal limits allowed are related to time and that the business be related to the City. She requested the decorum guidelines be reviewed by a legal entity. 2/26/24 -2- DRAFT Julie B. noted her comments from the previous meeting still stand. Mayor Graves explained there was discussion about Zoom commentary, but the Council will not be eliminating Zoom as a platform to receive public comments. The Council retreat resulted in the decision to stop the recording of the Work Session on a temporary basis. The decision will be reevaluated in about a month or so. Mayor Graves pointed out there are minutes taken for the Work Session, and Staff should be posting them online. Sherri H. thanked the Council for their service to the City. She asked how to find the process dictating licensure for group homes. There are several group homes in her neighborhood, and there are many issues. An individual from a group home approached her and stole from her. Also, an individual threatened to kill groups of people based on their race and sexual orientation. It is frightening for her and her neighbors. When the individual is walking on the street, the other residents hide in their homes. Sherri H. asked where the residents can go to for information on group homes. Also, she asked why the neighborhood wasn’t informed of the addition of the group homes. Society needs options for people who struggle. However, taxpayers need to have input in happenings that impact their neighborhoods. Mayor Graves thanked Sher ri H. for her comments and apologized for the negative impacts she and her neighbors have been experiencing. The topic has been previously discussed by Council and is on the list of the City’s legislative priorities. However, there is room for additional discussion at a Work Session on how to better support and inform community members. They need to be careful to avoid discriminating against people based on their abilities or their mental health status. Sherri H. noted her agreement. She stated her comments were intended to be kind and authentic, and she has no desire to discriminate against people based on their unique needs. Mayor Graves stated Staff would provide a specific contact for Sherri H. to speak with. Councilmember Kragness asked if there is a way for the public to see group home licenses. Zoning Administrator Ginny McIntosh stated Brooklyn Center has a number of group homes, though that is not the technical term. Brooklyn Center and Brooklyn Park have the highest number of group homes in the County. Group homes are State-protected forms of housing. If there are six occupants or less, the City must allow for the residence. If there is an assisted living licensure, they must undergo an architectural review. In that case, the homes are no longer considered as single-family homes. There is also a Community Residential Setting (CRS) designation that allows for up to four occupants. CRSes are a split between assisted living, mental health, and disability supports, and there are 43 of those in the City. Sherri H. is most likely referring to a residence designated as an assisted living facility, and Brooklyn Center has about 130 of those. Dr. Edwards asked if there was a public notice requirement. Ms. McIntosh stated there isn’t a requirement for public notice. 2/26/24 -3- DRAFT Councilmember Jerzak pointed out the facilities do need to obtain a rental license, which is reflected as a public record. Ms. McIntosh added there is a licensing lookup tool through the State under the Minnesota Department of Health and Minnesota Department of Human Services. The addresses and bed counts are listed. Kevin S. asked why police reform was put on the back burner. The recommendations from the Implementation Committee were voted down. He felt t he City was dragging their feet, noting people in the City are not feeling safe, especially considering the recent threats. The alternative response should have been implemented first. Mayor Graves stated nothing has been halted. The alternative response program is forthcoming, and it is the prerogative of the Council to reconsider any failed motions. Kevin S. stated the recent Implementation Committee meetings were canceled. There are suspicious happenings and a lack of transparency. Mayor Graves stated the meeting was canceled because Staff was not available, and nothing suspicious is happening. Kevin S. added there keeps being excuses. Lori B. noted her partial agreement with Kevin S. The Implementation Committee meetings have been canceled at the last minute, and the Committee members are uninformed of the happenings. The City is not communicating with the Implementation Committee or the community. She offer ed to meet with Kevin S. regarding threats in the community. Mayor Graves apologized for any lack of communication on her part. Mary M. stated there is an issue with stray cats in the City. She lives near Palmer Lake, and there is a problem property close to her. Multiple cats have been captured and rescued. There is also a problem at 59th and Ryan as well as at 72nd. Mary M. pointed out she connected with a previous commenter who expressed concerns about cats. She suggested a workshop regarding cats be held to compile resources. Mary M. noted the cats are not completely feral, and there is potential for them to acclimate to a home environment. Mayor Graves explained she had brought the concern to City Staff after hearing from multiple community members. She has done her small part, but Brooklyn Center can do more. There are similar issues in Brooklyn Park and North Minneapolis. Councilmember Jerzak moved and Councilmember Butler seconded to close the Informal Open Forum at 7:23 p.m. Motion passed unanimously. 5. INVOCATION 2/26/24 -4- DRAFT Mayor Graves pointed out February is Black History Month. She shared a quote from John Lewis, “You are a light. You are the light. Never let anyone, any person or any force, dampen, dim or diminish your light. Study the path of others to make your way easier and more abundant. Lean toward the whispers of your own heart, discover the universal truth, and follow its dictates. Release the need to hate, to harbor division, and the enticement of revenge. Release all bitterness. Hold only love, only peace in your heart, knowing that the battle of good to overcome evil is already won. Choose confrontation wisely, but when it is your time don't be afraid to stand up, speak up, and speak out against injustice. And if you follow your truth down the road to peace and the affirmation of love, if you shine like a beacon for all to see, then the poetry of all the great dreamers and philosophers is yours to manifest in a nation, a world community, and a beloved community that is finally at peace with itself.” 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. January 22, 2024 – Work Session 2. January 22, 2024 – Regular Session 3. February 12, 2024 – Work Session 4. February 12, 2024 – Regular Meeting 5. February 12, 2024 – CC/EDA Meeting 6b. LICENSES CONSUMER FIREWORKS – PERMANENT STRUCTURE American Promotional Events, DBA: TNT 3245 County Road 10 MECHANICAL Stern Heating and Cooling, Inc. 34181 180th Avenue Red Wing 55066 RENTAL INITIAL (TYPE IV – six-month license) 4600 69th Avenue N Aisheh Wazwaz & Sami Ameri INITIAL (TYPE III – one-year license) 5437 Logan Avenue N Nicholas Kaufman INITIAL (TYPE II – two -year license) 2100 55th Avenue N Olusola Olakunde RENEWAL (TYPE IV – six-month license) 700 66th Avenue N Georgetown-bc Company Lllp 2/26/24 -5- DRAFT 7200 Camden Avenue N Namaka Evergreen, LLC 5337-39 Queen Avenue N Edith Perlin/Gregory Perlin 3301 Lawrence Road Mnhomes2go Llc 3701 66th Avenue N Victor O Ogunbanwo 3816 France Place Segun B Olatayo 5218 Paul Dr ive Sj & Olas Properties Llc 5406 70th Circle Mohammed G Aaser 5661 Northport Drive Allan Kemboi 6015 Dupont Avenue N Home Sfr Borrower Llc 6336 Beard Avenue N Cosco Property I LLC 6712 Beard Avenue N Mlmjr Properties & Invst Llc 6912 Unity Avenue N Geri L Williams 7030 Regent Avenue N Rif ive Inc RENEWAL (TYPE III – one-year license) 5500 Bryant Avenue N N Mejia-morales & V Idrovo 1012 72nd Ave nue N Hpa Us1 Llc 1312 68th Lane Markon Rentals LLC 2018 55th Ave nue N Lancelot Properties LLC 3307 Ohenry Road Henry S Dolopei 3612 Commodore Drive Ih2 Property Illinois Lp 5019 61st Ave nue N Saylee Suworgo 6835 Colfax Ave nue N HP MINNESOTA I LLC 7055 Perry Avenue N ICC PROPERTIES LLC 2/26/24 -6- DRAFT RENEWAL (TYPE II – two -year license) 4207 Lakeside Avenue N, #234 Cynthia Patrick 5340 Russell Avenue N Cloeshette King Torboh 6825 Noble Avenue N Robert Gardner Jr. 2701 65th Avenue N Trinh Quang Vu 5351 71st Circle Pyarali Revoc Trust 5739 James Avenue N Rifive Investments Llc RENEWAL (TYPE I – three -year license) 7250 West River Road P R Barli & L I Barli 6811-6813 Noble Avenue N Jerome English & J Garrison 3100 Thurber Road Tyler Morgan Henderson 6325 Xerxes Avenue N Linus N Amajuoyi 6430 Toledo Avenue N Touchstones Properties Llc 6800 Quail Avenue N Emmanuel Williams 7048 France Avenue N Tai Hon Llc 6c. AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CITY CODE REGARDING SPECIAL EVENTS 23-2600 (1ST READING) 6d. RESOLUTION AUTHORIZING AND SUPPORTING AN APPLICATION HENNEPIN COUNTY TRANSIT-ORIENTED DEVELOPMENT FUNDS GRANT APPLICATION - OPPORTUNITY SITE 6e. AN ORDINANCE VACATING A PORTION OF THE DEDICATED RIGHT- OF-WAY IN THE PLAT OF JOSLYN ADDITION (1ST READING) 6f. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE CRYSTAL AIRPORT ZONING ORDINANCE, FENCE PERMITS AND STANDARDS, COMMERCIAL VEHICLE STANDARDS, DIMENSIONAL AND STRUCTURAL STANDARDS IN THE R1, R2, R3 AND R4 ZONING DISTRICTS, 2/26/24 -7- DRAFT NONCONFORMING STRUCTURES AND USES, PUBLIC NOTICE SIGN REQUIREMENTS AND USE AMENDMENTS FOR LICENSED DAY CARES, LICENSED GROUP FAMILY DAY CARES, LICENSED RESIDENTIAL FACILITIES, AND MASSAGE AND SAUNA ESTABLISHMENTS (FIRST READING) 6g. RESOLUTION RECEIVING PROPOSED CHARTER AMENDMENT, ADOPTING TITLE AND BALLOT QUESTION LANGUAGE PERTAINING TO PROPOSED AMENDMENT TO THE CITY OF BROOKLYN CENTER CITY CHARTER AND ORDERING SPECIAL ELECTION 6h. RESOLUTION APPOINTING ELECTION JUDGES FOR THE 2024 PRESIDENTIAL NOMINATION PRIMARY ELECTION Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS None. 8. PUBLIC HEARINGS None. 9. PLANNING COMMISSION ITEMS 9a. RESOLUTION REGARDING PLANNING COMMISSION APPLICATION NO. 2024-001 SUBMITTED BY TOTEM FOODS INC FOR ISSUANCE OF A CONDITIONAL USE PERMIT FOR CONVERSION OF THE FORMER BIG O TIRES TO A STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY DIVISION OF DRIVER AND VEHICLE SERVICES INSPECTION STATION (5501 XERXES AVENUE NORTH) Dr. Edwards explained Totem Foods submitted an application for a conditional use permit . He invited Associate Planner Krystin Eldridge to continue the Staff presentation. Ms. Eldridge explained the applicant is requesting approval of a conditional use permit that would convert the former Big O Tires located at 5501 Xerxes Ave No rth into an inspection station for the State of Minnesota Department of Public Safety (DPS) and Division of Driver and Vehicle Services (DVS). The property is a one-story, approximately 8,250-square-foot tire retail store that previously provided on-site installation services. Totem Foods, Inc., submitted this application on behalf of and in coordination with the proposed tenant, the State of Minnesota Department of Public Safety, and assumed a 10-year lease commitment. 2/26/24 -8- DRAFT Ms. Eldridge pointed out that the property originally received site and building plan approval in 1966 under Planning Commission Application No. 66060 for what was originally a Goodyear automotive and tire shop, along with the neighboring Pearle Vision building located at 5515 Xerxes Avenu e North, which was originally a Superette retail store. Following the closure of the Goodyear automotive and tire shop, Big O Tires occupied the space for a time before closing last year. The property has remained vacant since. Ms. Eldridge noted the property was originally approved with a total of 61 on-site surface parking spaces and ten interior bay spaces. A survey conducted of the property in 2022 appears to show a revised configuration with 44 on-site surface spaces and five bays. City Staff calculated parking requirements to be at 31 parking spaces. The proposal is not a Site and Building Plan request. However, the applicant did submit architectural renderings and a photometric plan as improvements will be made to the site. Ms. Eldridge stated t he State of Minnesota Department of Public Safety (DPS) approached City Staff in late October regarding the potential reuse of the former Big O Tires, to a State vehicle inspection location. As proposed, the State would enter into a 10-year lease agreement with Applicant and Property Owner Totem Foods, Inc. The State has operated this program since 1989 and has various locations around the state and is seeking to expand its presence across the Twin Cities metro and throughout greater Minnesota. Ms. Eldridge pointed out the property has multiple curb cuts located off the west side of the property, adjacent to a private road, and one shared curb cut off Xerxes Avenue North with the Pearle Vision building. Both sites have additional curb cutes providing alternative ingress and egress to their respective properties. Eighty percent of the vehicles inspected come from auto dealers and are scheduled in advance online. Ms. Eldridge stated DVS employees carry out vehicle re-certification inspections on prior salvage vehicles that have been fully repaired, ensuring vehicles are roadworthy and that all parts were obtained legally. DVS indicated that no repairs would take place on site of the property and the existing hoists would be removed. Ms. Edridge noted Staff determined the closest use under the City’s Unified Development Ordinance (UDO) was that of an “automobile and truck repair and service station,” which is permitted as a conditional use in the Commercial Mixed-Use (MX-C) District where the property is located. Ms. Eldridge stated City Staff brought the proposal for the Subject Property to the January 8, 2024, City Council meeting for a concept review as the proposal was not clear ly defined within the City’s Unified Development Ordinance, and was therefore considered an “unlisted use.” Unlisted uses under the City Code require the City Council to determine that a use is “substantially similar in nature” to another use and that “pot ential impacts on the surrounding community as an existing use” are mitigated; otherwise, the use is considered “prohibited.” 2/26/24 -9- DRAFT Ms. Eldridge stated Conditional Use Permits (CUP), as outlined under Section 35-7700, are those uses that have been identified because of their nature, operation, location, special requirements, or characteristics, and that may only be allowed in a particular zoning district after submittal of an application, review, and recommendation by the Planning Commission and approval by City Council. The CUP process regulates the location, magnitude, and design of conditional uses consistent with the Comprehensive Plan as well as the regulations, purpose, and procedures of the City’s UDO. Ms. Eldridge pointed out that a CUP may not be granted unless certain criteria have been satisfied. First, the conditional use will be in accordance with general objectives, or with any specific objective, of the City’s Comprehensive Plan and this UDO. The applicant responded by saying it would provide a stable business for an unoccupied site. The applicant will keep the site in good condition and help keep the property and the surrounding area attractive, clean, and safe. Ms. Eldridge stated next , that the establishment maintenance, or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. The applicant responded by saying the use promotes and enhances the general public welfare in that the inspections done are for the purpose of ensuring parts installed on vehicles were legally purchased. Ms. Edridge added the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The applicant ’s response showed the use will not be injurious to the use and enjoyment of other properties, nor diminish their value. The inspection use will be less impactful than traditional automotive uses, and there will not be noise related to repairs. No vehicle parts will be stored at the site, and State vehicles will be parked inside overnight. Ms. Eldridge stated the CUP requires that the conditional use will not impede the normal and orderly development and improvement of surrounding property for permitted uses. The State’s intended use will not impede development. There is nothing with the use that restricts surrounding uses or development. Ms. Eldridge noted the CUP requires that adequate measures have been or will be taken to provide ingress, egress, and parking so as to minimize traffic congestion in public streets. Traffic will flow in the front of the property and out t he back. There is plenty of parking and space at the site for the proposed use. The site will not be conducting inspections of large vehicles such as semis. Ms. Eldridge added impacts such as noise, hours of activity, and exterior lighting must be sufficiently addressed to mitigate negative impacts. Given that no automotive repairs will occur at the site, there will not be the noise a traditional automotive user may have. It is intended to operate within traditional business hours and existing ext erior lighting will be repaired by the owner of the property. 2/26/24 -10- DRAFT Ms. Eldridge pointed out engineering reviewed the plans and provided high-level comments dated January 3, 2024. As a typical automotive service center of this size would have a peak hourly traffic of 35 to 55 cars, the proposal represents a potential 40 percent reduction in traffic from the previous use. As proposed, the use would anticipate 15 vehicles per hour across five bays. With respect to erosion control, the submitted narrative does not discuss potential areas of site disturbance. This would be reviewed as part of the building permit process. Ms. Eldridge explained the Building Official conducted a cursory review of the submission in a memo dated February 2, 2024, and determined the re-classification of the building. A Metropolitan Council Sewer Availability Charge determination for the change of use shall be submitted prior to the issuance of any permits. Ms. Eldridge added a public hearing notice for the conditional use permit request was published in the Brooklyn Center Sun Post on January 25, 2024, and properties located within the notification area received a copy of the notice and map, along with a link to the scheduled virtual Planning Commission meeting. The notice was also published on the City’s website. Ms. Eldridge stated the Planning Commission ultimately held a public hearing for the aforementioned application at their meeting on February 8, 2024, and those commissioners in attendance were generally supportive of the outlined request. Representatives from the State of Minnesota (DVS) and representatives of the applicant and property owner, including 10 K Architecture and Launch Properties, were in attendance and answered questions relating to traffic impacts, the business model, anticipated employment, circulation, and façade improvements. Ms. Eldridge noted the Commissioners engaged in conversation regarding the application, particularly as the use relates to traffic and queuing in the private road near Starbucks, but showed consensus in a re-activation of the site. City st aff discussed the proposed conditions as outlined within the provided Planning Commission Report, including communication with the neighboring property owner at 5515 Xerxes Avenue North regarding the shared driveway. No modifications to the proposed conditions were made by the Planning Commission. Following the close of the public hearing, the Planning Commission elected to unanimously (5-0) recommend City Council approval of the requested issuance of a Conditional Use Permit for the proposed State of Minnesota vehicle inspection station. Councilmember Jerzak explained he attended the Planning Commission meeting, and the Commission had a great discussion. The use is a good fit for the property, and Staff recommends the use. Overall, he supports the proposal. Councilmember Lawrence-Anderson asked if the property is on the Opportunity Site. Ms. Eldridge confirmed the property is not part of the Opportunity Site. Councilmember Lawrence- Anderson stated she has no objections to the recommendation. Council member Kragness asked if buses and semis will be inspected, due to conflicting information provided. Greg Loper, Vehicle Services Program Director with Driver Vehicle Services, explained DVS does very few inspections on semis and RVs. Those inspections w ill be 2/26/24 -11 - DRAFT completed at the St. Cloud location. Mayor Graves asked how many workers would be at the site, if the positions were new, and what the requirements were for the positions. Mr. Loper stated there is an existing supervisor who will move to the site. Then two of the five inspector positions are open. They look for applicants with some automotive acumen with some mechanical experience and can educate dealers on best practices. Mayor Graves requested Brooklyn Center folks be considered for the role. Mr. Loper requested any interested residents to apply with DVS for openings at this potential site and other open positions. Councilmember Jerzak moved and Councilmember Kragness seconded to adopt RESOLUTION NO. 2024-35, a Resolution Approving Planning Commission Application No. 2024-001 for issuance of a Conditional Use Permit at 5501 Xerxes Avenue North into an inspection station for the State of Minnesota Department of Public Safety (DPS) and Division of Driver and Vehicle Services (DVS), based upon the findings of fact and submitted application, and as amended by the conditions of approval in the resolution. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS None. 11. COUNCIL REPORT None. 12. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Jerzak seconded adjournment of the City Council meeting at 7:39 p.m. Motion passed unanimously.