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HomeMy WebLinkAbout2024.05.28 CCM REGULAR5/28/24 -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 MAY 28, 2024 CITY HALL – COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center City Council was called to order by Mayor April Graves at 7:01 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, Community Development Director Jesse Anderson, Planning Manager Ginny McIntosh, Associate Planner Krystin Eldridge, Assistant City Manager/City Clerk Barb Suciu, Deputy City Clerk Shannon Pettit, and City Attorney Jason Hill and Siobhan Tolar. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4. INFORMAL OPEN FORUM Mayor April Graves reviewed the decorum document pertaining to Informal Open Forum. Mayor April Graves opened the meeting for the purpose of Informal Open Forum. Diane S. thanked the American Legion and the volunteers for setting up flags recently. Also, the Sun Post is free only for the remainder of the week. Diane S. stated vehicles are being parked on EDA-owned property. In the parks, there are graffiti and a hateful poster on a pole. The poster needs to be removed. There is a sign in the thistle patch outside of the City Hall saying “Keep Brooklyn Center Clean.” She invited others to join in the community cleanup on the fourth Saturday of the month. Mayor Graves asked which park had the graffiti. Diane S. stated it is in the park near her home. Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum Motion passed unanimously. 5/28/24 -2- DRAFT Dr. Edwards pointed out the City Attorney has something to say. Mayor Graves stated the City Attorney may speak after the Invocation. 5. INVOCATION Councilmember Kragness invited her grandmother Verna Kragness to the podium. Mayor Graves pointed out Verna Kragness served as Mayor for 12 years. Myrna Kragness read a prayer asking for blessings and peace amongst the Council and community. City Attorney Jason Hill stated he is leaving his role, and his last day will be June 7. Siobhan Tolar will take over his position and has already begun the transition. Ms. Tolar introduced herself and noted her excitement to work with Brooklyn Center. Mayor Graves proposed Staff write a proclamation recognizing Mr. Hill’s service to the City. Dr. Edwards suggested Ms. Tolar share more about her background. Ms. Tolar explained she is newer to Kennedy-Graven, but she spent nine years in the St. Paul Civil Division and a few years in St. Paul’s compliance office. She was born and raised in St. Paul. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Butler moved and Councilmember Jerzak seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. May 13, 2024 – Worksession 2. May 13, 2024 – Regular Session 3. May 13, 2024 – EDA/Work Session 6b. LICENSES HOSPITALITY ACCOMODATIONS Country Inn & Suites 2550 Freeway Boulevard GASOLINE SERVICE STATION Kabalan Co DBA: Pump N Munch 1505 69th Avenue N TEMPORARY FIREWORKS TNT Fireworks 3245 Co Road No Renaissance Fireworks 6350 Brooklyn Boulevard GARBAGE HAULER Darling Ingredients 9000 382nd Avenue 5/28/24 -3- DRAFT Blue Earth, MN 56013 Curbside Waste 4025 85th Avenue N Brooklyn Park, MN 55443 MECHANICAL Electric Sign & Lighting Inc. 11328 Zane Avenue N Champlin 55316 Heating & Cooling Two Inc. 18550 County Road 81 Maple Grove 55369 Homeworks Services LLC 915 Blue Gentian Road Eagan 55121 Shac, LLC 1240 Trapp Road Eagan 55121 Watson Mechanical LLC 1781 Sunrise Circle Mayer 55360 RENTAL INITIAL (TYPE IV – six-month license) 3207 Quarles Road GW Funding LLC 5621 Humboldt Avenue N Abad Martinez INITIAL (TYPE III – one-year license) 7019 Dallas Road Janet Ibe INITIAL (TYPE II – two-year license) 5601 Dupont Avenue N Damien Francis Morgan RENEWAL (TYPE IV – six-month license) 700 66th Ave nue N Georgetown-bc Company Lllp 6700 Humboldt Ave nue N MIMG CLXXXIV STERLING SQ SUB 6807 Humboldt Ave nue N Cmcb Llc 3141 49th Ave nue N CCF3 LLC 5112 70th Ave nue N Ih3 Property Minnesota Lp 5/28/24 -4- DRAFT 5857 Colfax Ave nue N Cel Monton Llc 6019 Camden Ave nue N Inang Ekah 6807 Quail Ave nue N Paul Pham 6809 Perry Ave nue N Janvier Ngoy & Emelie Ngoy 7141 Newton Ave nue N Ih2 Property Illinois Lp 7225 Morgan Ave nue N SRFF LLC RENEWAL (TYPE III – one-year license) 5401 63rd Ave nue N 5401 63rd Ave N 3812 58th Ave nue N M Y Issa/f Abdullahi/m Issa 5200 63rd Ave nue N Smc Real Estate Llc 5833 Pearson Drive Kou M Farngalo 5925 Zenith Ave nue N SFR BORROWER 2022-1 LLC 6106 Quail Ave nue N Almamy Momo Toure RENEWAL (TYPE II – two-year license) 6230 Quail Ave nue N Kurt Templin & Mary Templin 6307 Scott Ave nue N Iasis Vii LLC 6661 Xerxes Place N Mn Housing I Llc 6913 Toledo Ave nue N Fred Hanus 7236 Noble Avenue N Caleb J Moses/Nicole A Moses RENEWAL (TYPE I – three-year license) 5245-47 Drew Avenue N JESSE FORSELL 4207 Lakeside Ave nue N, #220 Matthew F Blackler | Rhea J O'Connor 5144 Ewing Ave nue N Gracelands Llc 5553 Aldrich Drive N Njeri Enterprises Llc 5/28/24 -5- DRAFT SIGNHANGER Fastsigns 300 Central Avenue Osseo 55369 6c. RESOLUTION NO. 2024-061; ACKNOWLEDGING AWARDED FUNDS FROM THE MINNESOTA DEPARTMENT OF HEALTH SOURCE WATER PROTECTION AND AUTHORIZING ACCEPTANCE OF GRANT FUNDS 6d. AN ORDINANCE AMENDING SECTION 35-4103 (ALLOWED USE TABLE) OF THE CITY CODE OF ORDINANCES REGARDING PUBLIC AND PRIVATE ELEMENTARY AND SECONDARY SCHOOLS OFFERING A REGULAR COURSE OF STUDY IN THE TRANSIT ORIENTED DEVELOPMENT (TOD) ZONING DISTRICT - FIRST READING Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION ACKNOWLEDGING AND PROCLAIMING THE MONTH OF JUNE 2024 AS "PRIDE MONTH" Mayor Graves read in full a Proclamation acknowledging and proclaiming the month of June 2024 as “Pride Month.” Councilmember Jerzak moved and Mayor Graves seconded to approve a PROCLAMATION acknowledging the month of June 2024 as "LGBTQIA+ Pride Month." Motion passed unanimously. 8. PUBLIC HEARINGS 9. PLANNING COMMISSION ITEMS 9a. RESOLUTION NO. 2024-062; REGARDING PLANNING COMMISSION APPLICATION NO. 2024-003, SUBMITTED BY LIN SHUANG LLC, FOR ISSUANCE OF A CONDITIONAL USE PERMIT FOR A TIRE INSTALLATION AND AUTO DETAILING SHOP (5927 JOHN MARTIN DRIVE) City Manager Reggie Edwards introduced the item and invited Planning Manager Ginny McIntosh to make the Staff presentation. Ms. McIntosh explained the property owner Lin Shuang LLC is requesting review and consideration for issuance of conditional use permit to allow for a tire installation and auto detailing shop at 5927 John Martin Drive. Tires Plus had long been a tenant of the Subject Property 5/28/24 -6- DRAFT until 2022 when they closed. As the use was abandoned for a period greater than 12 months, a new conditional use permit is required per Section 35-7700 (Conditional Use Permits). Lin Shuang LLC purchased the 1.36-acre property in 2007. It is zoned as TOD. She showed images of the site. Ms. McIntosh pointed out the property originally received site and building plan approval in 1979 under Planning Commission Application No. 79035 for what was originally a Berger Brothers sporting goods shop. As originally contemplated, the building was to primarily serve as an approximately 8,820-square foot retail shop, with approximately 1,425-square feet of storage area. At the time, the Subject Property was zoned C2 (Commerce) District, which allowed for retail uses, and contemplated 85 on-site parking spaces for the retail store. Ms. McIntosh noted in 1991, the formerly single use retail building received a proposal to convert into a two-tenant building when a Tires Plus auto shop expressed interest in locating on the Subject Property and following closure of Berger Brothers. Tires Plus ultimately took approximately 3,700-square feet of the west side of the property, with the remaining approximately 6,500-square feet left available for a new user. The remaining space has long functioned as a restaurant and buffet. The property lost five parking spaces as the restaurant and buffet required a separate trash enclosure area, leaving a total of 80 on-site parking spaces. Ms. McIntosh explained current Property Owner and Applicant, Lin Shuang LLC, purchased the property in 2007. Tires Plus closed their location in 2022 and the Subject Property was listed for sale shortly thereafter. In August 2023, a Planning Commission was submitted for conversion of the approximately 10,200-square foot building to a restaurant and bar; however, the request was denied by City Council in October 2023. Ms. McIntosh added the existing restaurant and buffet business was recently conveyed to a new owner and a new lease executed; however, the property owner and applicant has been courting proposals for the former Tires Plus space for a year. Many of the proposals were for automotive repair shops, which are conditional uses in the TOD District where the property is located. As the former automotive shop use was abandoned for a period of greater than 12 months, a use permit is required. Ms. McIntosh stated the property is centrally located within the City’s designated approximately 80-acre Opportunity Site. A draft Opportunity Site Master Plan has been underway for a number of years and at present the plans are to move towards a final adoption this year. In July 2021, the City of Brooklyn Center City Council adopted an Infrastructure Framework for the Opportunity Site, which serves as a proactive, guiding document and focused on four core components (stormwater, access and connectivity, parks and open space, and land use). While the Framework is intended to help inform decision making, it was also designed to provide certain flexibilities and dependent upon market conditions. Ms. McIntosh stated the applicant indicated in their project summary plans to lease the former Tires Plus space located on the property to the former owner and operator of Affordable Tires in 5/28/24 -7- DRAFT Brooklyn Park, as his old space was sold, and as the Applicant felt he was a, “good fit for this space as he has the experience, a good crew, and already established loyal customers.” Ms. McIntosh noted as proposed, the business would operate Monday through Friday from 9 a.m. to 8 p.m. and Saturday from 10 a.m. to 6 p.m. The applicant and intended business operator indicated a maximum of six employees on shift and approximately 15 to 30 customers per day between the tire installation and auto detailing business. The business would provide tire repair and installation services, with no plans to conduct automotive repairs on-site. This is a notable distinction between the proposed use and the former Tires Plus use as Tires Plus did provide repair services. Ms. McIntosh pointed out as for the auto detailing side of the business, the applicant indicated that this would be provided by the same operator and that similar services were provided at the proposed tenant’s former Affordable Tires location off Bottineau Boulevard (County Road 81) and 73rd Avenue North in Brooklyn Park. The applicant indicates that no water usage would be required as the auto detailing services would be limited to interior cleaning, vacuuming, and detailing. Exterior detailing would be limited to buffing and polishing. City Staff stressed to the Applicant that no detailing work should take place in the parking lot. Ms. McIntosh added when presenting the space to the proposed tenant, the Applicant and Property Owner was clear that no parking was to occur on the adjacent property, which is owned by the City’s Economic Development Authority. Ms. McIntosh stated with respect to the intensity of the use, City staff reviewed documentation on file for the former Tires Plus, which indicated a range of two to six employees on duty at any one time. Regarding hours of operation, the hours proposed by the new tenant would be slightly more limited than the former Tires Plus, which operated slightly later in the evenings on weekdays and on Sundays from 10 a.m. to 5 p.m. Ms. McIntosh explained for the interior of the space, the hoists, trench drain, and oil and sand interceptor, if required, would require re-installation as the applicant had removed these given the applicant’s preference had been to utilize the space for retail. The applicant indicates in their submitted project summary that, after a year of searching for prospective tenants and even offering the property for sale, that almost all of the inquiries received were for automobile repair and service. The proposed tenant would be responsible for providing any and all tenant furniture and equipment. Ms. McIntosh stated in conducting a review of the property, City Staff noted potholes in the parking lot and within the drive access area shared between the Subject Property and adjacent property located at 5939 John Martin Drive, which is owned by the City’s Economic Development Authority. Certain areas of the main parking lot had faded parking lot striping. In discussing these, the applicant and property owner indicated a willingness to fill in any potholes and re-stripe the parking lot as necessary. 5/28/24 -8- DRAFT Ms. McIntosh explained City Staff further noted that the previously non-compliant site lighting, which was last reviewed in 2023 as part of an earlier Planning Commission Application for the property, had either gone missing or been replaced with non-compliant lighting. City Staff conveyed that the lighting would need to be addressed to comply with City lighting standards as outlined under Section 35-5400 (Exterior Lighting). Ms. McIntosh pointed out that although there are existing wall-pack style lights located over the automotive bay doors, City Staff reiterated that the applicant and property owner should ensure they are functional. If not, replacements shall be proposed for review and approval by City Staff. Ms. McIntosh stated an existing trash enclosure located at the south end of the Subject Property is in poor condition. City Staff is requesting its removal. If the proposed tenant requires a separate, exterior trash enclosure, the applicant and property owner can propose the new enclosure and specifications to City Staff. Any exterior enclosure will need to fully screen any dumpster and provide a fully opaque fencing or material complementary to the building. Ms. McIntosh added the applicant and tenant will need to coordinate with the Minnesota Pollution Control Agency (MPCA) and Hennepin County for any necessary permitting and/or licensure requirements. Ms. McIntosh explained there are a number of criteria to be reviewed in the issuance of a Conditional Use Permit (CUP). CUPs, as outlined under Section 35-7700, are those uses which 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. Ms. McIntosh stated in short, a CUP must be in accordance with the general objectives, or with any specific objective, of the City’s Comprehensive Plan and this UDO, promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort, 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, will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district, provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets, sufficiently address impacts such as noise and exterior lighting, and conform to the applicable regulations of the district in which it is located. Ms. McIntosh stated as part of the application process, a public hearing notice was submitted to the Brooklyn Center Sun Post for publication on April 25, 2024, and notices were mailed to property owners and physical locations within 350 feet of the Subject Property. A link to the public hearing notice was also published on the City’s website and sent out by email to subscribers of the City’s weekly events bulletin. No public comments were received prior to or at the Planning Commission meeting. 5/28/24 -9- DRAFT Ms. McIntosh added the public hearing was held at the May 9, 2024 Planning Commission meeting and Commissioners were generally supportive of the request. The Commissioners asked clarifying questions as to whether any full-service auto repair would be taking place, requests from City Staff to upgrade the non-conforming exterior site lighting, and not allowing for the parking of customer or staff vehicles on the City EDA lot to the west. Additional questions were posed to the applicant regarding the hours of operation, and how the automotive use would be complementary to the existing restaurant and buffet in the adjacent tenant space. No modifications to the proposed conditions were made by the Planning Commission. Following close of the public hearing, the Planning Commission elected to unanimously (4-0) recommend City Council approval of the requested issuance of a Conditional Use Permit for the proposed reuse of the former Tires Plus space located at 5927 John Martin Drive as a tire installation and automotive detailing shop. Councilmember Kragness asked if the six jobs have been filled or if the owner is still hiring. Johannes Tong, applicant, explained most of the employees have been fired. One is left, but it has been difficult to pay him. Councilmember Jerzak noted his support of filling a vacant building with a business. Mayor Graves asked what previous proposal was rejected by the Council. Ms. McIntosh stated the previous proposal was for a nightclub by Jambo Africa, which would have used the whole space. Mayor Graves asked for the reasoning behind denial of the Jambo Africa request. Councilmember Lawrence-Anderson stated it was primarily an issue with parking. Ms. McIntosh explained the proposed use was short 70 parking spots. Mayor Graves stated the estimate of customers seems too high to require so many parking spots. Mayor Graves pointed out the property in question is near an EDA-owned property. Ms. McIntosh explained a driveway and curb cut for the property is shared with an EDA-owned property. The Tires Plus used some of the parking on the EDA-owned site. The site in question is surrounded on three sides by EDA-owned property. Mayor Graves asked how long the applicant has been in business. Mr. Tong explained he opened the business in 2019, but it was difficult for the business to stay afloat in the pandemic. He previously owned property in Brooklyn Center, but he had to sell it off because he was unable to keep up with the maintenance. Mr. Tong noted his love for the community. Brooklyn Center was the first place he lived after coming to America, and his family lives in the area. The location allows him to accommodate both of his businesses. Mayor Graves asked if the business is projected to grow and if the property will meet the business’ future needs. Mr. Tong stated he hopes to stay in the location for a long time as there is room for expansion. 5/28/24 -10- DRAFT Mayor Graves asked if the applicant has a certain method of disposing of unique materials. Mr. Tong stated disposal isn’t an issue. They work with a company in Isanti to remove tires and similar materials. Councilmember Jerzak moved and Councilmember Butler seconded to adopt a RESOLUTION NO. 2024-062; approving Planning Commission Application No. 2024-003 for issuance of a Conditional Use Permit at 5927 John Martin Drive for a tire installation and auto detailing shop, based upon the findings of fact and submitted application, and as amended by the conditions of approval in the resolution. Motion passed unanimously. 9b. RESOLUTION NO. 2024-063; REGARDING PLANNING COMMISSION APPLICATION NO. 2024-005, SUBMITTED BY BROOKDALE COVENANT CHURCH AND BRIGHT FUTURE CHILD CARE CENTER, FOR ISSUANCE OF A CONDITIONAL USE PERMIT FOR AN EXISTING PLACE OF RELIGIOUS ASSEMBLY AND NEW CHILD CARE CENTER (5139 BROOKLYN BOULEVARD) City Manager Reggie Edwards introduced the item and invited Associate Planner Krystin Eldridge to make the Staff presentation. Associate Planner Krystin Eldridge explained Brookdale Covenant Church and Bright Future Child Care Center are requesting approval of a conditional use permit (CUP) for a place of religious assembly that has been located at the 2.44-acre 5139 Brooklyn Boulevard since 1955, and a licensed daycare facility. Both requests are considered conditional uses within the R1 (Low Density Residential) District where the property is located. A CUP is required as well for Licensed Fay Care Facilities associated with Places of Assembly in the R1 district with 13 or more persons according to the newly adopted UDO language. She showed images of the site. Ms. Eldridge pointed out Denise Fadina of Bright Future Child Care Center originally reached out to City Staff in November 2023 regarding her plans to enter into an agreement with Brookdale Covenant Church to operate her child care facility out of two nursery rooms located within the church. For context, Brookdale Covenant Church originally received approval in 1978 to operate a nursery school in the mornings, three days per week. Ms. Eldridge stated although City Staff began the amendment process in January 2024, the new language for daycares was not adopted by City Council until March 2024, and the ordinance language did not go into effect until late April 2024. As adopted, daycares with 13 or more persons are considered a “conditional use” in the R1 District when in association with places of religious assembly, hence the application request. Ms. Eldridge noted City Staff met with both applicants in a pre-application meeting to address any changes to the church floor plan and address any concerns with meeting building, fire, and zoning 5/28/24 -11 - DRAFT code in early March. City Staff asked the applicant to identify exit plans, kitchen/meal prep locations, play areas, traffic flow, and any agreements with surrounding properties. The applicants worked together to prepare the space for the proposed child care center in two of the existing nursery rooms located on the main level. Brookdale Covenant Church (BCC) also sent a detailed schedule of services and times and the number of people in attendance on its busiest days. Ms. Eldridge explained Brookdale Covenant Church’s membership stands at 143, but the narrative provided notes 300 members as calling BCC their church home. Brookdale Covenant Church offers Bible studies, support group meetings, children’s programming, occasional events such as weddings or funerals, and also hosts coat drives, food shelves, has on-site community gardens, and more. Ms. Eldridge noted the applicant provided maps indicating 21 families would arrive on site during the busiest traffic times. Families that need to park will be routed to the Brooklyn Boulevard entrance, with approximately 126 parking spaces on site, and the applicant suggests the families will most likely use the northwest portion of the property for entry to the childcare center for drop- offs. Ms. McIntosh explained there are a number of criteria to be reviewed in the issuance of a Conditional Use Permit (CUP). In short, a CUP must be in accordance with the general objectives, or with any specific objective, of the City’s Comprehensive Plan and this UDO, promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort, 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, will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district, provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets, sufficiently address impacts such as noise and exterior lighting, and conform to the applicable regulations of the district in which it is located. Ms. Eldridge noted the applicant provided responses to the various criteria. She pointed at this time, neither Brookdale Covenant Church nor Bright Future Childcare Center proposes any changes that would impede upon the normal and orderly development and improvement of surrounding property for uses permitted in the district. New Millennium Academy is situated on what was formerly Malmborg’s Nursery. As New Millennium Academy averages around 800 students currently and is the only property directly adjacent to the property in question, City Staff considers this to be the more intense use. In discussions with the State Fire Marshal and City Building Official, it appears an exterior door will need to be installed with stair/ramp to existing sidewalk, but this would be the only exterior modification. Ms. McIntosh stated the Building Official has been working with the Fire Marshall to bring the child care center up to proper code. Bright Future has been notified an exterior door is needed off Nursey Room #2. The Building Official submitted a memo dated February 2, 2024 and determined the re-classification of the building. Signed building plans from an architect registered in Minnesota shall be provided along with the building permit application. The full main floor plan 5/28/24 -12- DRAFT should have a code analysis and floor layout. Also, plans should indicate the area to be used, doors installed, and walkway construction to complete a plan review for the new space intended to be used. Prior to a building permit being issued, a SAC determination for the new use shall be completed by the MET Council. The completion of items listed on the Site Fire Inspectors review letter must be addressed. Ms. Eldridge added a public hearing notice for the conditional use permit request was published in the Brooklyn Center Sun Post on April 25, 2024. Notifications were mailed to those physical addresses and property owners located within a 350-foot radius of the Subject Property, and a copy of the public hearing notice was published to the City of Brooklyn Center website. A link to the public hearing notice was also published on the City’s website and sent out by email to subscribers of the City’s weekly events bulletin. Ms. Eldridge pointed out a public hearing was held at the May 9, 2024 Planning Commission meeting, and those Commissioners in attendance were generally supportive of the outlined requests. The Commissioners addressed the applicant regarding design of the exterior exit points for the child care center and how it impacts the church façade and operations. The applicant indicated they have been working with City Staff, including the City Building Official, and the State Fire Marshal on licensure and exiting requirements to address any necessary updates. At this time, it is likely a direct exit door will be required from one of the rooms with a landing and tie in to the existing private sidewalk. Additional questions were also raised as to secured access and separation. Ms. Eldridge stated City Staff reviewed the proximity of the property to Happy Hollow Park. Although it appears minimum distancing requirements are met for an outdoor activity area and the applicant indicated they own a 15-passenger van for transportation for field trips and inclement weather, but stated the desire to build a fenced in outdoor activity area sometime in the future. The applicant added, at this time, that accessibility and egress needs to be addressed first before other improvements can be envisioned. Ms. Eldridge noted the Commissioners inquired on access and how the existing church and proposed child care center will remain complementary to the neighboring New Millennium Academy, which the Commission indicated can get quite busy during drop off and pick up. The Commission indicated that the more availability of child care, the better, especially given national shortages. Additional questions were noted on any anticipated growth and expansion within the church space, and whether any family of neighboring schools would utilize the child care center. Ms. Eldridge added no public comments were provided for in advance of or during the public hearing with exception to verbal support provided at the hearing from representation of Brookdale Covenant Church. Following close of the public hearing, the Planning Commission elected to unanimously (4-0) recommend City Council approval of the requested issuance of a Conditional Use Permit for the existing Brookdale Covenant Church (Place of Religious Assembly) and Bright Future Child Care Center (Licensed Daycare Facility - 13 and Greater Persons associated with Places of Religious Assembly). 5/28/24 -13- DRAFT Councilmember Kragness asked if the daycare would still be tax-paying although it will operate out of a church. Peter Frost, Lead Pastor of BCC, stated they are still deciding on how to handle taxes. Other states may tax based on the square footage a nonprofit uses to generate income. However, he doesn’t know how Bright Future will handle their taxes. Denise Fadina, Director of Bright Future Child Care Center, stated they have retained an accountant, and the business will pay all necessary State and Federal taxes required of a business. Councilmember Jerzak moved and Councilmember Kragness seconded to adopt a RESOLUTION NO. 2024-063; approving Planning Commission Application No. 2024-005 for issuance of a Conditional Use Permit for a Place of Religious Assembly and Child Care Center (Licensed Daycare Facility - 13 and Greater Persons in association with a Place of Religious Assembly) for 5139 Brooklyn Boulevard, based upon the findings of fact and submitted application, and as amended by the conditions of approval in the resolution. Motion passed unanimously. 9c. RESOLUTION NO. 2024-064; REGARDING PLANNING COMMISSION APPLICATION NO. 2024-004, SUBMITTED BY KESHIA DEON (TREASURE HUNT EARLY LEARNING CENTER), FOR ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW FOR AN EARLY LEARNING CHILD CARE CENTER (6098 SHINGLE CREEK PARKWAY) City Manager Reggie Edwards introduced the item and invited Associate Planner Krystin Eldridge to make the Staff presentation. Associate Planner Krystin Eldridge explained Keshia Deon of Treasure Hunt Early Learning Center is requesting approval of a conditional use permit (CUP) that would convert a tenant space within Shingle Creek Center shopping center, and commonly addressed as 6098 Shingle Creek Parkway into an early learning child care center. The 2.8-acre property is a vacant, approximately 3,500-square foot retail space that was previously leased to FastSigns, which provided sign design and installation services. The property owner, Brooklyns Cultural Vill LLC, purchased the entire shopping center in October 2023 and has been engaged with the applicant for a number of months regarding this space. It is currently zoned as Commercial Mixed Use (MX-C), and the future land use designation is Commercial Mixed Use (C-MU). She showed an image of the site in question. Ms. Eldrige noted the applicant originally approached City Staff in October 2023 with a desire for a new daycare in Shingle Creek Center shopping center, and located at the southeast corner of Shingle Creek Parkway and Summit Drive. It was through these conversations with the applicant, as well as other individuals and businesses seeking space for daycares in the same timeframe, that City staff realized the provisions under the City’s new Unified Development Ordinance (UDO) no longer accounted for larger day cares. Ms. Eldridge explained City Staff ultimately worked with the City Attorney to process an amendment to the UDO that would allow for the addition of a new use category for licensed 5/28/24 -14- DRAFT daycare facilities (13 or more persons) in the City’s multi-family residential and mixed-use districts, of which includes the Commercial Mixed-Use District (MXC) where the property is located. Although City staff began the amendment process in January 2024, the new language for daycare was not adopted by City Council until March 2024, and the ordinance language did not go into effect until late April 2024. As adopted, daycares with 13 persons or greater are considered a “conditional use” in the Commercial Mixed-Use District, hence the application request. Ms. Eldridge stated the shopping center, where the property is located, is subject to a Reciprocal Easement Agreement (REA) with the adjacent former Target located at 6100 Shingle Creek Parkway, which is owned by the City of Brooklyn Center’s Economic Development Authority (EDA). The REA, in part, establishes certain shared parking and access provisions. In reviewing the 1985 approvals outlined under Planning Commission Application No. 85001, which provided site and building plan approval for the construction of a 105,000-square foot Target store and approximately 34,160-square feet of attached retail space, the plans accounted for 880 parking stalls. Ms. Eldridge pointed out the site plan presented by the applicant requires minimal interior changes necessary to run the daycare as the former Fast Signs location was set up for office/retail space. Most of the proposed alterations address the reconfiguration of walls, additional bathrooms, and a kitchenette to prepare food for the children, although the Applicant would need to coordinate with the Building Official to address any necessary modifications to the fire sprinkler system/heads, plumbing for additional bathrooms, etc. With the recent amendments to the UDO and daycare provisions, and in discussions with the City Attorney, the code was also updated to reference State Statute as it outlines specific licensure requirements for daycare programs, and as the City’s provisions were not in alignment with certain licensure requirements at the state and county levels. For example, the regulations regarding playgrounds differ. In the case of the Applicant’s request, City staff reviewed Minnesota State Statute 9503.0155 which requires an outdoor activity area of at least 1,500-square feet and certain minimum square footage requirements per child or that the proposed outdoor activity area for use by children under school age must be located within 2,000 feet of the center or transportation provided by the license holder. In no case shall the outdoor activity area be farther than one-half mile from the child care center. Although this is a licensure requirement, City Staff did review the location against the location of the nearest “outdoor activity area,” which is Centennial Park, located to the west of Brooklyn Center City Hall. In discussions with the State of Minnesota Department of Human Services (DHS), it was determined that the applicant should be close enough to Centennial Park to move forward with licensure at this location, subject to City approval for the conditional use permit. Ms. Eldridge explained the applicant proposes 10 staff members for the facility, including teachers and a director. The number of children that will be able to attend has yet to be determined; however, based on finished space and State Statute provisions requiring a minimum of 35-square feet of indoor space for each child in attendance. It would be expected that no more than 41 children would be present, at maximum. 5/28/24 -15- DRAFT Ms. Eldridge noted the applicant provided City Staff with an interior floor plan which identifies the approximately 3,500-square-foot space, with a proposed office and lobby in the front of the building, a common hallway running the full length of the space, an infant room with cribs, a toddler room, pre-school room, and another infant room. Two sets of bathrooms are shared between these four spaces. The rear of the space would provide for a kitchenette, additional storage, and a staff bathroom. Ms. Eldridge added as is outlined in the applicant’s narrative, the intent is to employ 10 staff members. As parents and guardians would be dropping their children off and providing at pickup throughout the day, City Staff does not have any major concerns with the existing parking other than to ensure parents and guardians are parking in designated parking and not blocking the existing drive aisles. Ms. Eldridge pointed out conditional use permits, as outlined under Section 35-7700, are those uses which 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 the City Council. Also, the conditional use permit process regulates the location, magnitude, and design of conditional uses consistent with the 2040 Comprehensive Plan, and the regulations, purposes, and procedures of the Unified Development Ordinance (UDO). Ms. McIntosh explained there are a number of criteria to be reviewed in the issuance of a Conditional Use Permit (CUP). In short, a CUP must be in accordance with the general objectives, or with any specific objective, of the City’s Comprehensive Plan and this UDO, promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort, 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, will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district, provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets, sufficiently address impacts such as noise and exterior lighting, and conform to the applicable regulations of the district in which it is located. Ms. Eldridge noted the applicant provided responses to the various criteria. First off, the Commercial Mixed-Use future land use designation under the 2040 Comprehensive Plan is guided to allow for a mix of commercial, office, retail, service and residential uses. As the property is located within the City’s designated Opportunity Site, which is approximately 80-acres in size, City Staff reviewed the comprehensive plan and focus on creating a central spine, which embraces opportunities to create a walkable, transit connected, experience-based place that offers new opportunities to existing and future residents, and encourages the integration of land uses hence a desire for a mix of uses. The 2040 Comprehensive Plan acknowledges that the Commercial Mixed-Use future land use designation should focus on creating more active and vibrant centers. While the property is located in a 1980s strip mall, the addition of a childcare center will almost certainly bring more foot traffic to the shopping center, which has long been isolated from the rest of the City. This may also provide a service to those either working in proximity to the shopping 5/28/24 -16- DRAFT center or residing nearby. Ms. Eldridge stated Building Official Dan Grinsteinner conducted a cursory review of the proposed use of the tenant space at 6098 Shingle Creek Parkway and for the intended use as a child care center. He submitted a memo dated February 2, 2024, and determined the re-classification of the building. Signed building plans from an architect registered in Minnesota shall be provided along with the building permit application. The full main floor plan should have a code analysis and floor layout. Also, plans should indicate the area to be used, doors installed, and walkway con- struction to complete a plan review for the new space intended to be used. Prior to a building permit being issued, a SAC determination for the new use shall be completed by the MET Council. The completion of items listed on the Site Fire Inspector’s review letter must be addressed. Ms. Eldridge pointed out a public hearing was held at the May 9, 2024, Planning Commission meeting, and those Commissioners in attendance were generally supportive of the outlined request. The Commissioners questioned the applicant's awareness of future plans to demolish the former Target (6100 Shingle Creek Parkway) this summer and any potential impacts to the proposed child care center. City Staff did notify the applicant and property owner of these plans and the applicant stated that they would temporarily close the center, if needed, and were in conversation with their architect and contractor regarding any short-term impacts. Ms. Eldridge noted as is outlined in the applicant’s narrative, the intent is to have 15 parking spaces designated for the proposed early child learning center. The applicant indicated that parents and guardians would be dropping their children off and parking would be reserved for staff. City Staff did not have any major concerns with the existing parking other than to ensure parents and guardians are parking in designated parking spaces and not parking along the existing drive aisles. The Commissioners confirmed their expectation that parking spaces be used for drop off and pick up, and to ensure queuing was not taking place in the drive aisle. Ms. Eldridge added the Commissioners were supportive of the applicant's plans to offer extended child care hours of between 6 a.m. and 11 p.m. as it was noted that it is oftentimes hard to find child care hours for those working non-traditional shifts. Following close of the public hearing, the Planning Commission elected to unanimously (4-0) recommend City Council approval of the requested issuance of a conditional use permit for the proposed early learning child care center (licensed day care facility-13 and greater persons), and subject to the noted approval conditions. Councilmember Kragness thanked the applicant for offering evening childcare. She looks forward to hearing about the lighting plan. Keshia Deon, owner of Treasure Hunt Early Learning Center, explained the architect plans to work closely with City Staff. Community Development Director Jesse Anderson explained the demolition process will allow for the parking lot lighting to stay in place. Mayor Graves asked what ages of children will attend the daycare. Ms. Deon stated they will care for children ages six weeks to 12 years. She added there will be two shift of staff, so no one will be working the entire time the business is open. 5/28/24 -17- DRAFT Mayor Graves asked if Ms. Deon is from the area. Ms. Deon stated she is from Brooklyn Center originally, and she now owns a home in Hopkins. She has been in childcare for 20 years, and she looks forward to opening her own business. Councilmember Kragness asked which days the daycare will be open. Ms. Deon stated they are open Monday through Friday. They may consider weekends if there is enough interest. She added she hopes to hire folks within the community. Mayor Graves asked how closely Ms. Deon has worked with the owner. Ms. Deon explained she was the owner’s first tenant. They have been very supportive, and they will be next door to her business. Councilmember Jerzak moved and Councilmember Kragness seconded to adopt a RESOLUTION approving Planning Commission Application No. 2024-004 for issuance of a Conditional Use Permit at 6098 Shingle Creek Parkway that would allow for an early learning child care center, 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 11. COUNCIL REPORT Mayor Graves reported on her attendance at the following and provided information on the following upcoming events: • Attended the Safer Communities Summit, as did other Councilmembers, Staff, and community members. Councilmember Kragness noted her appreciation of the youth panel. Dr. Ed wards pointed out that Director of Community Prevention, Health and Safety LaToya Turk is preparing a presentation for the Council regarding the Summit and Cities United. • Attended the Local Option Sales Tax Info Session along with some other Councilmembers. • Met with the Brooklyn Park Mayor. • Attended the Memorial Day event at the cemetery. • Attended the neighborhood meeting at Firehouse Park. • Attended a meeting regarding the Metro Transit Center. Councilmember Jerzak reported on his attendance at the following and provided information on the following upcoming events: • Pointed out the final comment period for the Hwy 252 project has ended. Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • Attended a National League of Cities webinar about crime prevention. 5/28/24 -18- DRAFT 12. ADJOURNMENT Councilmember Jerzak moved and Councilmember Butler seconded adjournment of the City Council meeting at 8:15 p.m. Motion passed unanimously.