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HomeMy WebLinkAbout2024.03.25 CCM REGULAR SESSION3/25/24 -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 MARCH 25, 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 Pro Tem Lawrence-Anderson at 7:11 p.m. 2. ROLL CALL Mayor Pro Tem Lawrence-Anderson and Councilmembers Marquita Butler, Jerzak, and Teneshia Kragness. Mayor Graves was absent and excused. Also present were City Manager Reggie Edwards, Assistant City Engineer James Soltis, Associate Planner Krystin Eldridge, Planning and Zoning Administrator Ginny McIntosh, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Joseph Sathe. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4. INFORMAL OPEN FORUM Mayor Pro Tem Lawrence-Anderson opened the meeting for the purpose of Informal Open Forum. The Council reviewed the rules of decorum. Mayor Pro Tem Lawrence-Anderson moved and Councilmember Jerzak seconded to open the Informal Open Forum. Gretchen E. offered to answer a question regarding Commission appointments previously asked by Councilmember Kragness. She stated she didn’t receive any communication regarding her appointment to a Commission. She only knew from an announcement at a Council meeting. Julie B. stated the decorum should be removed, and she would like Staff to follow-up with her. The document is missing cultural nuance. Some spaces are only comfortable for white bodies and aren’t conducive to receiving opinions of diverse people. A large list of rules by the door is not welcoming. She asked how the Council has educated people in comparison to limiting expression. She suggested the Council look at who tends to attend the meetings and whom is greeted by Staff and Council. 3/25/24 -2- Julie B. added the lack of accessibility for the meeting before the Regular Session is burdensome and isn’t transparent. The information sharing seems selective and discriminatory. She asked how those concerns will be addressed. Lori B. stated it is not acceptable to shut out the community from the 6:00 p.m. meeting. She asked if an expanded response team has been discussed at the meeting. As it stands, it seems like the team will be housed within the Police Department and not be staffed at all hours. The Implementation Committee has completed the research to show that this proposed plan will be ineffective and is not in line with the Committee’s recommendations. Confining the team to the racist Police Department offices is an egregious attempt to maintain the status quo. The Implementation Committee regularly asked if their ideas would have saved the lives of Kobe and Duante. The answer for the current proposal would not. Dr. Edwards stated the alternative response team will be discussed in the Work Session following the Regular Session. Councilmember Jerzak moved and Councilmember Kragness seconded to close the Informal Open Forum at 7:28 p.m. Motion passed unanimously. 5. INVOCATION Councilmember Jerzak shared a quote by Thomas Paine, “I love the man that can smile in trouble, that can gather strength from distress, and grow brave by reflection. 'Tis the business of little minds to shrink; but he whose heart is firm, and whose conscience approves his conduct, will pursue his principles unto death.” 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Kragness moved and Councilmember Jerzak seconded to approve the Agenda and Consent Agenda, as amended to remove item 6d, Resolution Identifying the Need for Livable Communities Act (LCA) Pre-Development Funding and Authorizing Application for Grant Funds for the Brooklyn Center Community Center, for consideration as item 10a, with amendments to the Regular Session minutes of March 11, 2024, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. March 11, 2024 – Work Session 2. March 11, 2024 – Regular Session 3. March 11, 2024 – EDA/Work Session 6b. LICENSES ON-SALE INTOXICATING Dos Hermanos II 1400 Brookdale Mall 3/25/24 -3- ON-SALE SUNDAY Dos Hermanos II 1400 Brookdale Mall MECHANICAL ANC HVAC LLC 4249 Edenbrook Terrace Brooklyn Park 55443 RENTAL INITIAL (TYPE IV – six-month license) 700 58th Avenue N WILBUR HUBBARD INITIAL (TYPE II – two-year license) 5440-44 Bryant Avenue N Traiten Gunderson RENEWAL (TYPE IV – six-month license) 3121 Lawrence Road Empire Care Systems 5211 Xerxes Avenue N Bmw Holdings Llc 4748 Twin Lake Avenue Rco Holdings Llc 1821 Irving Lane N R Hailemariam & A Balcha 2406 Ericon Drive G B Homes Llc 5316 Colfax Avenue N Home Sfr Borrower Llc 5406 Sailor Lane JMW Investments LLC 5819 Knox Avenue N G.b. Homes Llc 6018 Camden Avenue N Gb Homes Llc 6213 Chowen Avenue N Nazneen H Khatoon 7018 France Avenue N Cmcb Llc RENEWAL (TYPE III – one-year license) 3349 49th Avenue N Incobex Homes Llc 6407 Orchard Avenue N Hpa Borrower 2018-1 Ms Llc RENEWAL (TYPE II – two-year license) 7111 Riverdale Road A & V Olson 3/25/24 -4- 2912 Nash Road SFR BORROWER 2022-A LLC 5321 71st Circle Pramod Khakural 5350 Logan Avenue N Ccf3 Llc 6436 Fremont Avenue N Excel Properties, LLC RENEWAL (TYPE I – three-year license) 4207 Lakeside Avenue N, #229 Angelo C Lazarakes & G Faue 1706 71st Avenue N Patricia & Richard Sandeen 4906 Howe Lane Mccloud Llc 5943 Colfax Avenue N Warren Terry & Juliana Koe 6937 Palmer Lake Drive W Michael T Brooks 7021 Unity Avenue N Geri L Williams 7024 Morgan Avenue N Mcclure Properties Llc 6c. RESOLUTION NO. 2024-39; APPROVING SETTLEMENT AGREEMENT FOR BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 2 IMPROVEMENTS, PROJECT NO. 2021-05 6d. RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES ACT (LCA) PRE-DEVELOPMENT FUNDING AND AUTHORIZING APPLICATION FOR GRANT FUNDS FOR THE BROOKLYN CENTER COMMUNITY CENTER This item was considered prior to Agenda Item 10a. 6e. RESOLUTION NO. 2024-40; ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2024-05, 65TH AVENUE STORM SEWER REHABILITATION Councilmember Jerzak offered a friendly amendment to the motion to include changes to the March 11, 2024 Regular Session minutes to show Mayor Pro Tem Lawrence Anderson asked about the social worker not having an active contract with the City rather than Councilmember Jerzak. Amended motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 3/25/24 -5- 7a. 2023 FIRE DEPARTMENT ANNUAL REVIEW Dr. Edwards explained the Council previously requested annual presentations by each Department, and the Fire Department volunteered to go first. Fire Chief Todd Berg noted he was pleased to present the annual review for the department. It presents a year-end summary for 2023. As a Department, they continue to review, refine, and refocus our model. Their efforts allowed the firefighters to remediate all that had arisen and provide a level of service the community expects and deserves. Chief Berg thanked all Department members for their professionalism and commitment at every level of the organization. He also thanked the City Council, City Manager, Dr. Reggie Edwards, all other city Staff, and mutual aid partners that help support the fire department. Chief Berg also thanked the community. Chief Berg pointed out that 2024 is the 75th year of the Fire Department. There will be an open house celebration on September 21, 2024. Chief Berg explained the mission is to protect the lives and property in the community from emergencies involving fire, medical, hazardous materials, and environmental causes. This is accomplished through education, fire prevention, fire suppression, emergency medical services, and other non-emergency activities. Chief Berg added there is a vision to apply and be accepted for a federal SAFER grant to help with funding to initiate a 24-hour duty crew, continue to work with other emergency responder groups to deliver equitable and professional response to the community for all types of calls for service, continue to support Staff’s emotional and physical wellbeing, continue recruiting paid-on-call firefighters, and celebrate 75th year of serving the community of Brooklyn Center. Chief Berg pointed out the Fire Department is staffed by five full-time employees and 25 paid-on- call firefighters. They operate a 12-hour duty crew comprised of paid-on-call firefighters out of our West Station from 10 a.m. to 10 p.m. daily. They are authorized to have 40 paid-on-call firefighters. Finding paid-on-call firefighters is getting harder each year. This is a nationwide problem, not just Brooklyn Center. He showed an organizational chart of the Fire Department. Chief Berg stated in 2023, there were 2,207 total call responses, 77 percent of which were handled by the duty crew. 1,186 calls were medical-related and 1,021 were fire-related. There were 35 structure fires and zero fire-related deaths. They received mutual aid 25 times and provided mutual aid 22 times. Chief Berg noted the paid-on-call firefighters put in 15,409 hours of service and completed 1,662 hours of training. The Department conducted 508 fire inspections with 231 re-inspections. They attended 70 events including training 5,167 people in hands-only CPR since 2016. 1,233 students took part in Fire Prevention Week and learned about fire safety. 3/25/24 -6- Chief Berg added the Department sold its 17-year-old Ladder truck. It was purchased new in 2007 for $700,000 and sold for $450,000. The truck went to a department in South Dakota and is the first aerial truck in their fleet. Also, the Department’s Service Dog, Brooklyn, has passed her certification and is trained to be a compassion dog to be used both internally and externally. She is making a difference in the people she meets. Chief Berg explained anticipated challenges and goals for the coming years are to increase staffing levels, plan fire truck replacements, promote firefighter safety, and engage with the community. Chief Berg pointed out the community is growing. The services required of firefighters are increasing and it is becoming harder to find willing people to be paid-on-call firefighters. Firefighter recruitment and retention is one of the most significant issues facing the Minnesota Fire Service. The time demands of being a firefighter and the monthly trai ning requirements and dangerous working conditions are among the many barriers organizations face. The Department is actively continuing to recruit new paid-on-call members. They currently have 20 paid-on-call firefighters and five in the recruiting phase. The Department will be applying for a Federal SAFER grant in 2024 to help offset the cost of staffing a 24-hour duty crew. Most of the paid-on-call firefighters have other careers and having a 24-hour duty crew will help minimize the number of calls our firefighters would be paged out to during the nighttime hours. Chief Berg explained the Department has had a funding issue that resulted in many years of progressive cost increases by the truck manufacturers; the funding is not keeping up with the actual costs. The Department currently has a truck on order that is replacing two trucks, one that is 39 years old and another that is 25. This new truck will be in service by the fall of 2024 and will be used by both the Police and Fire Departments. Chief Berg added the Department also has three trucks that are or will be over 20 years old within the next two years that will be replaced. They will take 27 months to be built. The Department has a contract with Fire Safety USA for these three trucks and should see them around the summer of 2026. The reasons that these trucks need replacement besides age include new safety features and to keep up with industry standards and regulations. Chief Berg pointed out that the emotional and physical health and well-being of our firefighters is important. The Department is incorporating yearly emotional wellness checks as well as medical checks. They make improvements to the fire stations, and turnout gear, and have truck retrofits for continued employee safety. Chief Berg added they have a new Fire Inspector/Community Liaison person with the Department. This position will represent the fire department at more public functions as a representative of the fire department. The increased volume of calls for service has made it harder for the duty crew to attend such events. Chief Berg added the City received one-time Public Safety Assistance dollars from the State to use 3/25/24 -7- for recruitment, training, prevention, and mental health. The funding will be used for a number of efforts such as conducting annual mental health checks for firefighters, starting a junior firefighter program to encourage young community members to become interested in firefighting, and purchasing training supplies and fire prevention supplies. Chief Berg noted they added three electronic message signs throughout the city to better enhance the opportunity to get important messages and communications out to our community members. The new signs are located at both fire stations and City Hall. Chief Berg showed a chart with the incident types and their comparison to the State and National averages. Brooklyn Center’s calls were 54 percent EMS and rescue, which is similar to the State percentage of 66.1 and the Nation’s percentage of 65.4. However, the City has a higher percentage of false alarms and service calls. Chief Berg showed a chart of calls by hour of the day. Most of the calls came during the day, and the busiest hour was 5:00 p.m. The number of calls and type of calls by day of the week were relatively consistent. Councilmember Butler thanked Chief Berg for the presentation. She congratulated the Department on its 75th year. She asked what the minimum age is to join the Fire Department. Chief Berg stated candidates must be at least 18 years old and live within 8 minutes of either Station. Councilmember Butler asked how long it takes for someone to go from application to response. Chief Berg stated it depends on the level of experience prior to applying. If an applicant had no relevant experience, it would take around 18 months to complete all of the necessary training. Councilmember Butler asked for details on the recruiting process. Chief Berg stated they recruit each Friday with the Spotlight. Applications are pulled twice per year to align with the training academy schedule, usually in April and August. He added the signage should help with recruitment. Councilmember Butler asked if Staff has considered sharing flyers for homes within walking distance of the Stations. Chief Berg stated it was a good idea. Councilmember Jerzak asked for an update on the grant applications. Chief Berg stated the SAFER grant pays for the first three years of the positions. Two people cannot work enough to fill the gap. By the end of October or November, the Department will know if they receive the grant. Then they have three years to determine how to fund the additional positions. Councilmember Kragness thanked Chief Berg for his presentation and the services completed by his Department. She noted her appreciation of the ongoing emotional and mental health support within the Fire Department and suggested even more programming be added. She also pointed out the financial efforts to mitigate the depreciation of the trucks. There was consensus by the City Council to accept the 2023 Annual Review of the Brooklyn 3/25/24 -8- Center Fire Department. 8. PUBLIC HEARINGS 8a. AN ORDINANCE NO. 2024-01; AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CITY CODE REGARDING SPECIAL EVENTS City Manager Reggie Edwards introduced the item and invited Assistant City Manager/City Clerk Barb Suciu to make the Staff presentation. Ms. Suciu explained in 2021 and 2022, the Council passed Ordinance 2021-04 to regulate special events within the City. It required a permit for functions/activities with a projected attendance of 50 or more people. Proposed amendments include enhancing the definition of “activity” to include language for an activity on city streets requiring a detailed plan of the route and traffic control arrangements, to note large-scale events of 1,000 or more people need to submit 90 days in advance. Ms. Suciu added another proposed amendment regarding traffic barricades. There would be a requirement for a City-approved vendor to supply barricades, the event holder to establish a detour for street closures for an event lasting over 15 minutes, and the event holder to create an emergency plan. Additionally, there is a proposal to remove outdoor tents. Councilmember Kragness moved and Councilmember Jerzak seconded to open the Public Hearing. Motion passed unanimously. Lori B. asked to make a comment on Chief Berg’s presentation. Mayor Pro Tem Lawrence- Anderson stated that would be all right. City Attorney Joseph Sathe stated the Public Hearing is intended for the proposed Ordinance, but the comment can be received at a later time. Diane S. asked for clarification on the tents portion of the ordinance. Planner and Zoning Administrator Ginny McIntosh explained the current language refers to a separate tent permit, which is confusing. The proposed change would allow for the tent information to be included in the event permit process. Councilmember Kragness moved and Councilmember Jerzak seconded to close the Public Hearing. Motion passed unanimously. 3/25/24 -9- Councilmember Butler moved and Councilmember Kragness seconded to adopt ORDINANCE NO. 2024-01, an Ordinance Amending Chapter 23 of the Brooklyn Center City Code regarding Special Event. Motion passed unanimously. 8b. AN ORDINANCE NO. 2024-02; VACATING A PORTION OF THE DEDICATED RIGHT-OF-WAY IN THE PLAT OF JOSLYN ADDITION (2ND READING AND PUBLIC HEARING) City Manager Reggie Edwards introduced the item and invited Assistant City Engineer James Soltis to make the Staff presentation. Mr. Soltis showed a map of the site and explained City Staff received a request to vacate a portion of City right-of-way that is encroaching upon an existing privately-owned storm retention pond on 4849 Azelia Avenue North. The area of the right-of-way proposed to be vacated appears to have been dedicated as a cul-de-sac, which has not been constructed and is not in alignment with the existing constructed road surface and use of Azelia Avenue North. City Staff has determined that there is no public need to retain the proposed Vacated ROW and the current dedicated right- of-way interferes with the existing stormwater ret ention pond, which is necessary for drainage in the area. Councilmember Jerzak moved and Councilmember Kragness seconded to open the Public Hearing. Motion passed unanimously. No one appeared to address this item. Councilmember Kragness moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. Councilmember Butler moved and Councilmember Jerzak seconded to adopt ORDINANCE NO. 2024-02, an Ordinance Vacating a Portion of the Dedicated Right-of-way in the Plat of Joslyn Addition. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. RESOLUTION NO. 2024-41; REGARDING THE RECOMMENDED APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2024-002 SUBMITTED BY ICON LLC FOR AN AMENDMENT TO THE 2011 SHINGLE CREEK CROSSING 3/25/24 -10- PLANNED UNIT DEVELOPMENT AND MAJOR SITE AND BUILDING PLAN AMENDMENT FOR CONVERSION OF AN APPROXIMATELY 7,322-SQUARE FOOT FORMER DISCOUNT TIRE ON BUILDING SITE A TO AN ICON BEAUTY RETAIL STORE WITHIN THE SHINGLE CREEK CROSSING PUD (1450 SHINGLE CREEK CROSSING) City Manager Reggie Edwards introduced the item and invited Associate Planner Krystin Eldridge to continue the Staff presentation. Ms. Eldridge explained the applicant is requesting review and consideration of an amendment to the 2011 Shingle Creek Crossing Planned Unit Development (PUD) and a major site and building plan amendment that would ultimately convert the former Discount Tire located at 1450 Shingle Creek Crossing into a beauty and cosmetics retail store. The property is a one-story, approximately 7,322-square-foot former tire retail store that provided on-site installation services. The applicant is already a tenant of the Shingle Creek Crossing shopping center at 1090 Shingle Creek Crossing and a neighbor to Aspen Dental and Domino’s Pizza. Icon has indicated a desire to not only expand its retail footprint but also to purchase property within the shopping center. Ms. Eldridge stated the property has been owned by Halle Properties since 2013 and has been vacant since 2022. The lot is just over one acre and is zoned for PUD/C2. She showed images of the property. The property originally received approval as a pad site for Gatlin Developme nt Company under the 2013 Shingle Creek Parkway PUD Master Plan. They then proposed an approximately 7,322-square-foot Discount Tire ultimately receiving approval under Planning Commission Application No. 2013-017 and City Council Resolution No. 2013-130. The existing building was approved with three (3) bay doors to accommodate tire and wheel repair and replacement. The remaining area was a lobby. Ms. Eldridge pointed out the applicant and development team approached City Staff in May 2023 regarding the potential reuse of the property. City Staff talked through the high-level changes and provided feedback to the development team with the intent of proceeding with the submittal of a Planning Commission application by late summer; however, conversations stalled for a time. The Applicant re-engaged with City Staff in early February of this year. Ms. Eldridge noted as proposed, the Applicant intends to convert the approximately 7,322-square- foot former Discount Tire, which was approved with approximately 1,980 square feet of front entry sales and display (retail), office, and restrooms, and remaining approximately 5,342 square feet of automotive repair area and storage, to an all-retail use with ancillary storage. A request to amend the existing Shingle Creek Crossing Planned Unit Development and any master plan documents is required as the City’s Unified Development Ordinance requires Council action any time the “major amendment” threshold is triggered. Ms. Eldridge explained there are no plans to modify or remove any of the access points. The north side of the property provides for two-way circulation around the site, as well as access to trash enclosure and fire access. The property is accessed internally via the 56th Avenue North entrance located off Xerxes Avenue North and on the west end of the shopping center property. Additional 3/25/24 -11 - access to the site is available off County Road 10 by utilizing the private road network within the shopping center. As noted previously, the Subject Property currently sits on a 1.02-acre parcel and was approved with 36 on-site parking stalls. The original 2011 approvals of the shopping center stipulated that a minimum of 4.5 stalls of parking be provided for every 1,000 square feet of building or buildings be provided for retail uses. Assuming the conversion of the former Discount Tires and bay areas to retail space with some ancillary storage space, a minimum of 33 parking spaces would be required. It appears there are currently 35 parking spaces on -site today, which satisfies the minimum parking necessary for the expanded retail use. Ms. Eldridge stated as proposed, the three existing bay doors would be removed and the walls modified on the building’s east elevation. Given the bay doors, no curbing is currently in existence. This elevation would be revised with curbing. Once installed, the above site plan indicates a 35-foot drive aisle, which is well beyond the minimum 24-foot wide drive aisle requirement to allow for two-way traffic. Ms. Eldridge pointed out City Staff requests that an updated inventory be provided noting all existing landscaping and their condition. The provided site plan identifies certain plantings; however, their type and species are not identified. Should any plantings be missing from the approved landscape plans, the Applicant shall submit proposed replacements for review and approval by City Staff. Ms. Eldridge noted there is an approved landscape plan on file from the 2013 approval of Discount Tire, which at the time noted the installation of 12 new shade and ornamental trees, consisting of seven honey locusts, two river birch, two crabapples, and one quacking aspen. These trees were to be planted primarily along the eastern edge of the site on the designated island surrounded by two driveway access points. The plans presented under Planning Commission Application No. 2013-017 further noted a row of “existing shrubs,” later noted as perennials and spirea, that were planted along the westerly lot line and fronting Xerxes Avenue North, which were initially planted as part of streetscape improvements made along Xerxes Avenue North and Bass Lake Road in the years preceding the 2013 proposal. Ms. Eldridge stated the applicant did not submit any photometric plans and has no plans to make alterations to the existing exterior lighting. Per Planning Commission Application No. 2013-017, two 39-foot poles and one 28-foot pole were approved for the Subject Property and were to provide downcast lighting with cut-off luminaires; this lighting shall be maintained. Six low-profile LED wall pack lights were affixed over the automotive bay door areas and above doorway entries to the building. Although wall pack lighting is not permitted per City Code except for loading and service areas, this lighting may remain assuming it is operational. Given the proposed new use of the building, City Staff would not be opposed to upgrading the lighting, and particularly given the proposed modifications to the east elevation. Ms. Eldridge added the existing trash enclosure appears to be in good condition and no plans for modification were presented. With the exception of addressing the plantings located on the backside of the enclosure, City Staff has no comments other than to ensure the enclosure remains in good condition. 3/25/24 -12- Ms. Eldridge pointed out that Shingle Creek Crossing Planned Unit Development has an approved “Architectural Design Guidelines” plan that regulates building materials on buildings located within the shopping center. The key elements of this plan are that all new buildings would need to provide a four-sided architecture in their designs, meaning all four elevations must provide a nice, consistent use of material on all four sides of the buildings, including rear elevations. Buildings, and Building Site A specifically, are required to incorporate at least 50 percent or more of Class 1 and remaining Class 2 materials as part of their elevations. With the demolition of the bays, new materials and calculations or percentages have been reconfigured. Ms. Eldridge added Building Official Dan Grinsteinner conducted a cursory review on March 4, 2024, for the proposed reuse of the former Discount Tires and for the intended reuse of the building as a beauty and cosmetics retail store. Given the re-classification of the building, it is anticipated the building will require the issuance of a fire sprinkler permit and potential modifications to sprinkler heads. It was noted that the existing mezzanine’s open grates remain open for fire protection and, if covered, fire protection will be required under the mezzanine area per NFPA 13. The flammable interceptors noted on the original plans and given the former automotive use will require that they be properly abandoned and all floor drains, trench drains, and floor sinks capped as specified in the provided memo. Ms. Eldridge stated the building’s automotive bay area was categorized as an existing S1 occupancy and as such, the space was not conditioned. The reuse of this area for retail will require certain alterations to comply with MN ASHRAE (American Society of Heating, Refrigerating and Air-Conditioning Engineers). Ms. Eldridge noted no specific proposals were made as part of the Planning Commission Application submittal for signage, and no requests or provisions were made as part of the Discount Tire approvals under Planning Commission Application No. 2013-017. As such, any proposed signage, including directional signage, will need to comply with the adopted Shingle Creek Crossing Signage Guidelines for a pad tenants. In cases where the guidelines do not clearly address certain signage types or requirements, said signage shall remain subject to the City’s signage provisions. Ms. Eldridge stated public hearing notice was published in the Brooklyn Center Sun Post on February 29, 2024, and notices were mailed to surrounding properties. The Planning Commission held a public hearing regarding the requests at their meeting on March 14, 2024. No public comment was provided either in advance of the meeting or at the public hearing with the exception of business owner Matt Durand who submitted an email to City Staff in support of the proposed conversion at 1450 Shingle Creek Crossing. Ms. Eldridge stated the Commissioners engaged with project architect, Philip Briggs of Firm Ground, regarding the proposed conversion of the former tire and wheel installation and repair shop to a customer-focused retail space and how those uses function differently with respect to site circulation and pedestrians. An extended discussion was held regarding the east elevation, which would be modified to remove the three existing automotive bays. 3/25/24 -13- Ms. Eldridge pointed out City Staff and the Applicant had engaged previously regarding whether or not the existing sidewalk and curbing, which terminates just past the main entrance, should be extended. City Staff ultimately recommended certain alterations to the east and south elevations to address the changes in pedestrian flow from the parking lot and adjacent sidewalks given the new user. Additional requests were made to incorporate foundational plantings, where possible. Ms. Eldridge noted the Planning Commission indicated in these discussions a strong desire to extend the sidewalk and curbing along the east elevation and make modifications to the south elevation as the existing curbing is comprised of a rock bed with no actual sidewalk. Given that parking is provided along three sides of the building, the Commissioners appeared in general consensus that pedestrian flow and safe access to the store be addressed. Ms. Eldridge stated additional comments were made regarding concerns of customers parking alongside the east elevation given the oversized drive aisle and current issues along the 56th Avenue North entrance into Shingle Creek Crossing with people parking along the side of the road, rather than in the nearby parking areas. Additional time was dedicated to architectural revisions to the east elevation, which would remove the existing three automotive bays . The Planning Commission ultimately recommended City Council approval (4-0) of Planning Commission Application No. 2024-002. Councilmember Butler asked if the State testing building that was previously presented to the Council is the same tire store. Ms. Eldridge stated the State DVS building is at Big O Tires. Councilmember Jerzak noted it is exciting to see a building conversion. Councilmember Kragness added it is commendable for the business owner to be in a position to own a building. Councilmember Jerzak moved and Councilmember Kragness seconded to adopt RESOLUTION NO. 2024-41, a Resolution Approving Planning Commission Application No. 2024-002 for amendment to the 2011 Shingle Creek Crossing Planned Unit Development (PUD) and a major site and building plan amendment that would allow for conversion of the former Discount Tire located on Building Site A and commonly addressed as 1450 Shingle Creek Crossing to an Icon Beauty retail store, based on the findings of fact and submitted documentation, and as amended by the conditions of approval in the resolution. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2024-42; IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES ACT (LCA) PRE-DEVELOPMENT FUNDING AND AUTHORIZING APPLICATION FOR GRANT FUNDS FOR THE BROOKLYN CENTER COMMUNITY CENTER 3/25/24 -14- Mayor Pro Tem Lawrence-Anderson pointed out the item was originally on the Consent Agenda, and further discussion was requested by Councilmember Jerzak. Councilmember Jerzak explained the voters will determine if the project will proceed or not. However, the resolution is premature and the City should not spend money until they hear from the constituency. Mayor Pro Tem Lawrence-Anderson noted her agreement with Councilmember Jerzak. Councilmember Butler stated the application will likely expire before the vote. She asked why the Council would want to pass up an opportunity for grant funding. Mayor Pro Tem Lawrence-Anderson asked what would happen if Brooklyn Center received a grant but couldn’t implement it due to a failed ballot item. Dr. Edwards explained the funds would go toward the pre-planning efforts required for the project. There are some bonding dollars from the State for the Community Center. In order to educate voters about the potential of the Community Center, there needs to be pre-design work. Even if the local option sales tax fails, a smaller Community Center plan would move forward thanks to the bonding money. Councilmember Kragness stated there doesn’t seem to be a downside in applying for the money. Councilmember Jerzak stated the bonding is $5.2 million in matching. He asked if the City didn’t obtain the proposed grant if the pre-design funding would come from the bonding. The City doesn’t have the bandwidth to afford such a project, especially one that hasn’t been approved by the voter. Dr. Edwards stated the pre-design work needs to be done regardless of the outcome of the vote. The pre-design work would include multiple design options, one as a scaled-down version and another if the sales tax vote were to pass. Mayor Pro Tem Lawrence-Anderson asked if the grant is for pre-design work. Dr. Edwards confirmed the grant is for pre-design work. Councilmember Jerzak asked if the education would include information on the local option sales tax and the City’s plan to move forward with a scaled-down project regardless of the vote. Dr. Edwards stated the education would be regarding the local option sales tax and what it would deliver. Councilmember Jerzak stated the public needs to understand there is an alternative option to the sales tax. Councilmember Butler stated the item still needs to be voted on by the community, which was the consensus of the Council. The City can communicate additional information as needed. Brooklyn Center should utilize grant funding when possible, and the Council is not trusting Staff to do their jobs. Councilmember Butler moved and Councilmember Kragness seconded to adopt RESOLUTION NO. 2024-42, a Resolution Identifying the Need for Livable Communities Account 3/25/24 -15- Predevelopment Funding and Authorizing an Application for Grants Funds. Councilmember Jerzak voted against the same. Motion passed. 11. COUNCIL REPORT 12. ADJOURNMENT Mayor Pro Tem Lawrence-Anderson moved and Councilmember Kragness seconded adjournment of the City Council meeting at 8:28 p.m. Motion passed unanimously.