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HomeMy WebLinkAbout2024.07.08 CCM REGULAR7/8/24 -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 JULY 8, 2024 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL The Brooklyn Center City Council met in an 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, Director of Public Works Elizabeth Heyman, Planning Manager Ginny McIntosh, City Manager/City Clerk Barb Suciu, Deputy City Clerk Shannon Pettitm and City Attorney Siobhan Tolar. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4. INFORMAL OPEN FORUM Mayor April Graves reviewed the Council Meeting Decorum and opened the meeting for Informal Open Forum. Julie B. noted that part of her concern had already been addressed. Mayor Graves noted the speakers were quiet, so it may be difficult to hear. Julie B. thanked the Council's discretion regarding the name of the Commission applicant who was not appointed to a Commission. She stated she wished she had received the same respect. The news of her application was leaked and posted on Facebook. She was again passed over for a commissioner role while others serve on multiple Commissions. One of the city's values is being community-centered. There should be more opportunities for more voices. There have been issues filling commissions, but there are interested parties. Mayor Graves reminded the Council and staff to keep the Commission applications confidential. Katie W., co-founder of Duante and Kobe No More Names Initiative, asked if she could speak on Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act since it was not addressed in the Study Session. She requested very little of the language in the resolution be changed. There is still a lot of work to be done in the city. Changes show the city doesn't want to make many changes. 7/8/24 -2- DRAFT Katie W. added the settlement agreement included a requirement for the city to implement the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act in good faith. If too much of the resolution is changed, then Brooklyn Center isn't abiding by the settlement agreement. Lori B. pointed out that the resolution discussed during the Study Session is the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. Previous minutes indicated that outreach was completed regarding the Citations and Summons Policy with no response. She asked what the outreach looked like. The effort has been assigned to Community Safety Officers (CSOs). Lori B. asked if the CSOs were armed. Mayor Graves stated that CSOs are not armed. Lori B. noted that the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act was a mutually agreed upon resolution that made impactful changes to promote the sanctity of life. Community organizations have put their faith in the city through financial grants. With the assistance of mental health professionals, there is data regarding the potential for cost savings with alternative response options. She asked what data the city needed, such as another body or lawsuit. Daniel H. explained that he is a business owner at Brooklyn Center. He has called the Building Official regularly over the past three months without a response. They have been paying $12,000 in rent while waiting for building review. The process should take a few weeks. He asked for a response or other options. Mayor Graves stated she would follow up with staff and noted the message she received from Daniel H. was forwarded to Community Development. She asked how long the inspections take. Dr. Edwards stated he would check in with Community Development Department members. Councilmember Jerzak moved, and Councilmember Butler seconded to close the Informal Open Forum at 7:09 p.m. Motion passed unanimously. 5. INVOCATION Councilmember Butler shared a quote by Rosalynn Carter, "A leader takes people where they want to go. A great leader takes people where they don't necessarily want to go but ought to be." 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Jerzak moved, and Mayor Graves seconded to approve the Agenda and Consent Agenda, as amended and indicated in the Study Session, and the following consent items were approved: 6a. APPROVAL OF MINUTES 7/8/24 -3- DRAFT 1. June 24, 2024 – Work session 2. June 24, 2024 – Regular Session 6b. LICENSES MECHANICAL Allen Mechanical Inc. 7875 Fuller Road Eden Prairie 55344 Erickson Plumbing Heating Cooling 1471 92nd Lane NE Blaine 55449 High Road Heating & Cooling 2165 Daniels Street Suite 7 Long Lake 55356 Knight Heating and Air Conditioning, Inc. 13535 89th Street NE Otsego 55330 Quality HVAC Solutions II 7501 Duluth Street Golden Valley 55427 RENTAL INITIAL (TYPE IV – six-month license) 6807 Orchard Avenue N Michael Hunter INITIAL (TYPE II – two-year license) 6812 Aldrich Avenue N Igor Komisarchik Et Al RENEWAL (TYPE IV – six-month license) 4204 Lakebreeze Ave N AZ RENTAL APARTMENTS LLC 6312 France Ave N O OLADEJI & O OLADEJI RENEWAL (TYPE III – one-year license) 4214 Lakeside Ave nue JE Schoultz & GR Shoultz 1300 72nd Ave nue N Scott & Marinela Selseth 5313 Northport Drive Ih2 Property Illinois Lp RENEWAL (TYPE II – two-year license) 5302 Humboldt Ave nue N MNSF Ii W1 LLC RENEWAL (TYPE I – three -year license) 3715 69th Ave nue N Christian D Knutson 7/8/24 -4- DRAFT 4207 Lakeside Ave nue N, #140 Kenosha-pacific Re 1 Llc 4207 Lakeside Ave nue N, #226 The Beach Apts Owners Assoc 5559 Lyndale Ave nue N Zoe M Hildreth 6c. RESOLUTION 2024-074; APPOINTING ELECTION JUDGES FOR THE 2024 PRIMARY ELECTION 6d. RESOLUTION 2024-075; DENYING PLANNING COMMISSION APPLICATION NO. 2024-007, SUBMITTED BY C ALAN HOMES LLC FOR RE-APPROVAL OF THE PRELIMINARY AND FINAL PLATS FOR ROBERTSON AND BREKKE BROOKLYN BOULEVARD SECOND ADDITION (6921, 6927, 6933, AND 6939 BROOKLYN BOULEVARD) 6e. RESOLUTION 2024-076; APPROVING FIRST AMENDED JOINT POWERS AGREEMENT FOR PETS UNDER POLICE SECURITY ("PUPS") Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION ACKNOWLEDGING AND PROCLAIMING JULY AS "PARK AND RECREATION MONTH" Mayor Graves read in full a Proclamation Acknowledging and Proclaiming July as "Park and Recreation Month." Councilmember Butler moved, and Councilmember Lawrence-Anderson seconded the adoption of RESOLUTION NO. 2024-077, July 2024 will be declared "Park and Recreation Month" in Brooklyn Center. Motion passed unanimously. Mayor Graves thanked the Parks and Recreation Department Staff for their work. 7b. PUBLIC WORKS: LOOKING BACK AND LOOKING AHEAD Dr. Edwards introduced the item and invited Public Works Director Elizabeth Heyman to continue the Staff presentation. Ms. Heyman pointed out the Public Works Department is responsible for providing for the maintenance and operations of the city's infrastructure and facilities in a quality, cost -effective 7/8/24 -5- DRAFT manner, including 105 miles of streets, 5,100 traffic signs, 520 acres of parks and natural areas, 62 miles of trails and sidewalks, municipal-owned buildings and grounds, 88 miles of storm drains, 40 treatment facilities, and water and sewer operations. Ms. Heyman stated that 2023 $3.9 million was invested in city assets such as tree planting and park updates. Public Works always responds together and values teamwork. For example, there was a pipe burst at Northport Park, and the contractor could not respond. The highly skilled staff was able to step up and keep the project timeline on time and on budget. Ms. Heyman noted the Department is always working behind the scenes to maintain safe drinking water. There was a fire at a chemical plant that was the only producer of an important water- cleaning chemical in the Western hemisphere. Staff expected there to be major issues with the supply chain. Staff strategized a response and ensured minimal use of the chemicals until a supply could be restored. Ms. Heyman added that an important interagency collaboration occurred in 2023 with Metro Transit. High school students requested a bus shelter be added to a bus stop on the corner of Humboldt and 65th Avenue. The Department worked with Metro Transit to fulfill the students' request. Ms. Heyman stated that the Department had worked with other agencies to plant a pollinator habitat under some powerlines instead of typical grass. Ms. Heyman stated that in 2024, the city invested $12.4 million into street reconstruction projects, utilities, and other city assets. The Department continues to respond to residents' requests and concerns. Some staff members did a speed test in a neighborhood, and extremely high speeding levels were found. There are a few anti-speeding measures in place that are being tested to determine the best response to mitigate speeding. Ms. Heyman explained the city continues to care for the canopy. They partner with a community organization to mitigate the impacts of Emerald Ash Borers. With grant funding, the city will plant over 700 trees. Ms. Heyman noted the Public Works Department has a project to check and identify service line pipe materials. The data is tricky to collect as it requires entering homes. Out of 7000 service lines, only 1200 more lines need to be checked. The hope is to promote water safety. Ms. Heyman stated the city is in the middle of creating a long-term park plan. As part of collecting community input, a Youth Parks Summit is coming up to engage youth. Lunch will be served, and conversations will be had. Ms. Heyman stated three basketball courts have either been improved or built through grant funds. They are also working on a local option sales tax to address critical upgrades and expansion for the Community Center. Finally, there is a need to build a new Public Works Garage, so planning steps are underway. Councilmember Jerzak asked about the monarch garden, and residents were excited about it when 7/8/24 -6- DRAFT canvassing the neighborhood. Have you heard any more about this? Ms. Heyman stated the plants are a bit small. They will work with community partners on how to move the effort forward. Councilmember Jerzak asked if the speeding mitigation efforts are permanent. Ms. Heyman stated they are temporary as part of the pilot program. The hope is to install a permanent solution after the data is collected. Councilmember Lawrence-Anderson requested there be signage at the monarch garden to inform folks of its purpose. Ms. Heyman stated there was supposed to be a sign, and she would look into what happened. Councilmember Lawrence-Anderson added the median on Bass Lake near Shingle Creek, which is beautiful. Ms. Heyman stated she would pass the information along to their contracted landscapers. Mayor Graves asked which parks have fresh basketball courts. Ms. Heyman stated the parks are Bellevue, Happy Hollow, and Orchard Lane. Mayor Graves pointed out the parks are spread throughout the city. Mayor Graves asked what material is used in the pipes in Brooklyn Center. Ms. Heyman stated that a storm drain, sanitary sewer, and water pipes are under every street. Most of the pipes are not lead, based on Code and speculation. Mayor Graves noted her excitement for the future planting of hundreds of trees. She asked if any trees would be planted on private property. Ms. Heyman stated two grants fund the effort, each with its requirements. Some trees are only eligible for public planting. Councilmember Lawrence-Anderson moved, and Councilmember Jerzak seconded to accept the presentation. The motion passed unanimously. Dr. Edwards asked if the presentation from Ms. Heyman and, previously, the Fire Chief were meeting the expectations of the Council. Mayor Graves asked for Ms. Heyman to explain more of the teamwork she mentioned. Ms. Heyman stated the Department has been prioritizing collaboration between various groups within the Public Works Department. It has been successful thus far. Mayor Graves stated that if any processes or structures have been developed to promote teamwork, it would be beneficial to implement similar efforts in other departments. Councilmember Lawrence-Anderson addressed Dr. Edwards and confirmed the presentations were well done and informational. Councilmember Butler noted it is interesting to hear about 7/8/24 -7- DRAFT partnerships and community collaboration within the city. She stated receiving any personnel update such as a new position and its responsibilities, would be helpful. Councilmember Jerzak added it is nice to hear the impact of the Council's approval to seek out a grant to address the canopy. Often, the Council approves grants or other projects without hearing regular updates. Also, the length of the presentation was suitable. Councilmember Kragness agreed the presentation was meeting her expectations. 8. PUBLIC HEARINGS None. 9. PLANNING COMMISSION ITEMS 9a. RESOLUTION 2024-074; APPROVING PLANNING COMMISSION APPLICATION NO. 2024-009, FOR CONSIDERATION OF AN ORDINANCE REZONING OF 1297 SHINGLE CREEK CROSSING FROM PLANNED UNIT DEVELOPMENT/ BUSINESS MIXED-USE (PUD/MX-B) DISTRICT TO TRANSIT-ORIENTED DEVELOPMENT (TOD) DISTRICT - 1ST READING Dr. Edwards introduced the item and invited Planning Manager Ginny McIntosh to continue the Staff presentation. Ms. McIntosh showed photos of the property and explained its location within the city. Ms. McIntosh explained that the Sears Department Store and Auto Center, located at 1297 Shingle Creek Crossing, closed in 2018 and is the last remaining piece of the former Brookdale Mall. In partnership with local brokers, the Property Owner, Transformco, conducted a market analysis in 2020 to determine a feasible reuse for the property. A request for proposals (RFP) was circulated after that, and Scannell Properties, Inc. was ultimately selected, along with their proposal for a speculative light industrial redevelopment at the subject property. Ms. McIntosh stated the City of Brooklyn Center City Council held a number of concept reviews with Scannell Properties, Inc., which emphasized that any reuse provides for a greater mix of uses, a site layout and design that would add value to the adjacent Shingle Creek Crossing shopping center, and an overall high finish level on the buildings, with four-sided architecture and a focus on enhancing the Highway 100 frontage. Ms. McIntosh noted that in August 2021, the City Council authorized an application to the Metropolitan Council's Tax Base Revitalization Account (TBRA) for funding to assist with environmental remediation on the Subject property and asbestos and petroleum remediation. Although the city did not receive funding in the first round, funding was awarded in January 2023 in the amount of $863,400. Additional funding was also awarded in the amount of $163,000 from the Hennepin County Environmental Response Fund (ERF) for assistance in preparing a Phase I 7/8/24 -8- DRAFT Environmental Site Assessment (ESA), a Phase II ESA, Response Action Plan (RAP), and associated consulting and fees with the Minnesota Pollution Control Agency (MPCA). Ms. McIntosh pointed out that in August 2022, the City Council approved Planning Commission Application No. 2022-004 (City Council Resolution No. 2022-76), which granted approval to re- zone the Subject property from what was then PUD/C2 (Planned Unit Development/Commerce) District to PUD/MX-B (Planned Unit Development/Business-Mixed Use) District. This re-zoning, in addition to approvals to re-plat and a recommendation to re-guide the Subject property under the 2040 Comprehensive Plan, provided a path for a speculative light industrial development totaling approximately 230,000 square feet between two buildings. Ms. McIntosh noted although the City of Brooklyn Center had already adopted the 2040 Comprehensive Plan in 2019, which effectively re-guided the Subject property to a new future land use designation of "Transit -Oriented Development" or "TOD," the city's zoning code, which was in the midst of a major update, had not yet been adopted. It should be noted that, in 2022, PUDs were still considered re-zonings (ordinance amendments). The new Unified Development Ordinance, adopted in January 2023, now considers PUDs conditional use permits. Ms. McIntosh stated staff continued to work with Scannell Properties, Inc. following their approval in August 2022; however, communication became more sporadic thereafter. By December 2022, Scannell Properties, Inc. indicated the market had shifted away from speculative light industrial- type development projects to user-focused ones. They further indicated a financial infeasibility to forward the project unless the city considered a request for consideration of tax increment financing (TIF). A work session was held with the City Council on the requested TIF in July 2023, and a request to ratify the previously approved plat was approved, but contact with Scannell Properties, Inc. again faltered. Ms. McIntosh stated due to the lack of communication and identified potential changes, including contemplated lot line adjustments and alterations to the approved site and building plan to the project following its approval in August 2022, the recommended Comprehensive Plan Amendment was never forwarded to Metropolitan Council. Scannell Properties, Inc. never executed the Planned Unit Development Agreement approved by the Council in August 2022, and the request for TIF was never forwarded. Ms. McIntosh added that in March 2024, City Staff was contacted by another developer interested in taking over the project from Scannell Properties, Inc. and indicated that the property would be re-listed for sale. City Staff was further contacted by other due diligence companies and attorneys seeking information on the project approved in August 2022 and what was needed to take over the project. Given this new information, staff reviewed the Planned Unit Development provisions with the City Attorney and under the city's preceding zoning code (Section 35-355), which identified the following: "If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building 7/8/24 -9- DRAFT permits, no construction has commenced on the area approved for the PUD District, the City Council may initiate rezoning of the property." Ms. McIntosh explained that the staff held a work session with the City Council on May 13, 2024. Although the discussion was non-binding, there appeared to be a consensus of the three Councilmembers present that consideration for a re-zoning of the property from Planned Unit Development/Business Mixed-Use (PUD/MX-B) District to Transit-Oriented Development (TOD) District be forwarded to the Planning Commission. Ms. McIntosh stated that the City Staff and the City Attorney held a meeting on June 6, 2024, with representation of the property owner (Transformco) and their attorneys and relayed plans to consider a potential rezoning of the Subject property. A general hesitancy to re-zone the property was relayed to the city, given certain approvals had been granted in August 2022. City Staff indicated at that time the option to relay their concerns at the public hearing scheduled for the June 13, 2024, Planning Commission meeting. As of June 12, 2024, the city has received a letter of opposition from attorney Patrick Lindmark (Taft Stettinius & Hollister LLP), who represents Property Owner Transformco. Ms. McIntosh explained in reviewing requests for ordinance amendments; certain amendment criteria shall be considered as outlined under Section 35-71304 (Amendment Criteria). The Planning Commission and City Council shall review the necessary submittal requirements, facts, and circumstances of the proposed amendment and make a recommendation and decision based on, but not limited to, consideration of certain criteria and policies. The criteria include whether there is a clear and public need or benefit, whether the proposed amendment is consistent with and compatible with surrounding land use classifications, whether all permitted uses in the proposed zoning district can be contemplated for development of the subject property, whether there have been substantial physical or zoning classification changes in the area since the subject property was zoned, whether there is an evident, broad public purpose in the case of City-initiated rezoning proposals, whether the subject property will bear fully the UDO development restrictions for the proposed zoning districts, whether the subject property is generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography, or location, whether the rezoning will result in the expansion of a zoning district, whether the proposal demonstrates merit beyond the interests of an owner or owners of an individual parcel, the specific policies and recommendations of the Comprehensive Plan and other City plans, the purpose and intent of the UDO, and the adequacy to buffer or transition between potentially incompatible districts. Ms. McIntosh pointed out that the subject property was originally zoned B-2 (Regional Business District) in 1961, but in 1972, the property had been rezoned to C2 (Commerce) District. Before approval of Planning Commission Application No. 2022-004 in August 2022, the property, once part of the former Brookdale Mall, had been zoned Planned Unit Development/ Commerce (PUD/C2) District since the late 1990s. Ms. McIntosh stated the PUD was initially approved in 1999 and comprehended "new site and building plan approvals for the expansion, redevelopment, and rejuvenation of the Brookdale Regional Shopping Center" and certain variations to allow for reduced green strips, non-major 7/8/24 -10- DRAFT thoroughfare setbacks, parking dimensional standards, parking ratios, and increases in allowable restaurant use and freestanding signage." Although a new Planned Unit Development was approved in 2011, when the majority of the former Brookdale Mall lands were split off and redeveloped into the Shingle Creek Crossing shopping center, the Subject property retained the PUD/C2 District designation to allow for the continued operations of the then Sears Department Store and Auto Center following demolition of the mall, redevelopment of the surrounding lands, and certain non-conformities. Ms. McIntosh added it should be noted that the C2 (Commerce) District was retired with the adoption of the new Unified Development Ordinance in January 2023. Had no PUD been in place, the property would have been re-zoned to the Transit -Oriented Development (TOD) District. Ms. McIntosh stated similarly, and as noted previously, Planned Unit Developments were considered re-zonings (ordinance amendments) under the preceding zoning code, and in the case of the 2022 approval granted for the Subject property. With the adoption of the new Unified Development Ordinance in January 2023, Planned Unit Developments are now considered "conditional use permits." Had the development contemplated under Planning Commission Application No. 2022-004 requested and been approved for a Planned Unit Development under the current code provisions outlined in Section 35-8305 (PUD Approval), the applicant would have had 12 months following City Council approval to obtain building permits and commence construction; otherwise, City Council is similarly granted provisions to initiate revocation of a conditional use permit. Ms. McIntosh noted although the property is considered a priority site within the city, it is privately owned. While undertaking the 2040 Comprehensive Plan, the property was still operating as a Sears Department Store and Auto Center. The former Sears Department and Auto Center businesses closed into updating the City's Comprehensive Plan, and given the properties had continuously operated since 1962, ownership had not provided clear direction as to their potential reuse. A market study had not yet been completed; the city guided the Subject property to TOD given its proximity to the Bus Rapid Transit (BRT) line and stops and its ability to offer a broad mix of land use options, with a minimum of 75% slated for high-density residential use, and supporting retail, office, and commercial usage. Additionally, the surrounding properties are, for the most part, guided as Transit-Oriented Development. Ms. McIntosh stated the property is identified within the 2040 Comprehensive Plan as a "potential area of change." With the adoption of the 2040 Comprehensive Plan in 2019, the City future guided the Subject property to a new designation of "Transit -Oriented Development" or "TOD," which allows for a density range of 31.01 to 130 dwelling units per acre. The TOD designation was a direct response to the opening of the Metro Transit C (opened in 2019) and D (opened in 2022) lines, and the land use designation specifically guided redevelopment within ¼ mile of the planned station stops and a vision that these areas create a vibrant, accessible and diverse land use pattern. Given the C line only opened the year the City of Brooklyn Center adopted its 2040 Comprehensive Plan and one year following Sears' closure. The D line did not open until December 2022 (post approval of Planning Commission Application No. 2022- 004), this was very much a time of transition in the city, and for this area. 7/8/24 -11 - DRAFT Ms. McIntosh explained the majority of the city's forecasted growth, as outlined in the city's 2040 Comprehensive Plan, was anticipated to occur within the city's major redevelopment areas guided primarily as Transit Oriented Development (TOD) and Commercial Mixed-Use (C-MU). A minimum of 75% of the land within the TOD future land use designation was planned for development into high-density residential uses, with the remaining land developed for supporting retail, office, and commercial uses. The TOD future land use designation intends to create a walkable, bikeable, vibrant core within the City of Brooklyn Center. It encompasses properties within the City's Opportunity Site and along Bass Lake Road (County Road 10) and Xerxes Avenue North. Ms. McIntosh added the City's Comprehensive Plan further notes that, increasingly, access to neighborhoods, housing, services, and experience-based retail by efficient and frequent transit services is becoming a highly desirable and sought-after amenity within development and redevelopment areas. Metro Transit's C and D Bus Rapid Transit (BRT) Lines recently opened lines that begin at the Brooklyn Center Transit Center located at 2900 County Road 10, run down Xerxes Avenue North (adjacent to the Subject Property), before turning at 55th Avenue North and Brooklyn Boulevard. These lines terminate in downtown Minneapolis (C Line) and at the Mall of America (D Line). Ms. McIntosh pointed out that the Institute for Transportation & Development Policy notes that "Transit Oriented Developments are inherently intended to integrate urban places designed to bring people, activities, buildings, and public space together, with easy walking and cycling connections between them and near-excellent transit service to the rest of the City." Ms. McIntosh explained as part of the approvals in August 2022 under Planning Commission Application No. 2022-004, the approved Planned Unit Development outlined additional restrictions to the use of the property and the underlying Business Mixed-Use District (MX-B) District designation. Specifically, City Council Resolution No. 2022-076 stipulated that the Applicant, Scannell Properties, Inc., would enter into a PUD Agreement with the City of Brooklyn Center. That said agreement would assure the following as part of the approximately 230,000- square foot speculative light industrial proposal. First, there may be no outdoor storage or display of materials, equipment, or products accessory necessary to a principal and permitted use is permitted; second, housing and wholesaling shall not exceed 80 percent of the total floor area. The remaining 20 percent of the total floor area shall be non-warehouse uses, such as a combination of uses including, but not limited to, office, manufacturing, production, research and development, and lab or showroom; and thirdly, distribution facilities are not permitted. For this Planned Unit Development (PUD), a distribution facility is a business that receives packages, sorts, and delivers them without product storage. Distribution as an accessory use is permitted only from a manufacturing facility or a warehouse where a product is made or packaged on-site. Ms. McIntosh noted these restrictions were intended to address concerns regarding the volume of semi-truck traffic anticipated to navigate the entrance and exit points to the property, as well as potential conflict points between truck traffic and pedestrians who frequent the adjacent Shingle Creek Crossing shopping center. Further, the entrance to the subject property was identified as 7/8/24 -12- DRAFT 55th Avenue North, which is a four-way stop that also serves the Metro Transit Bus Rapid Transit (BRT) line, and receives traffic entering the slip ramps on and off Trunk Highway (TH) 100. While proximity to transit was identified as a potential perk in providing job access for employees, these concerns were nonetheless raised by City Staff. Ms. McIntosh stated given the visibility from Trunk Highway 100, there were also concerns raised, and back and forth communication and revisions made to address the potential visual impacts from the highway of the proposed truck court and screening to mitigate the intensity of use, and requested enhancements to the overall architecture of the two buildings. Ms. McIntosh stated Section 35-2402 (Business Mixed Use) of the City's Unified Development Ordinance notes that the "purpose of the MX-B district is to accommodate land for a mix of business and light industrial uses, with allowances for supporting retail/service uses. This designation encourages redevelopment or development of commercial, office, general business, and light industrial uses in coordination with supportive retail/commercial uses towards encouraging a more dynamic and connected experience for workers. This land use does not plan for residential uses and may include limited live-work opportunities as established through supporting official controls." Ms. McIntosh noted the Business Mixed-Use District, for the most part, replaced the city's longstanding I1 (Business Park) District in January 2023 but offered greater flexibilities in potential use to allow for a more dynamic working environment instead of the often isolated business parks across the metro. Ms. McIntosh explained although there are some similarities in uses permitted for both the Business Mixed-Use and Transit-Oriented Development districts, a key distinction is that the Business Mixed-Use District, except for limited live-work space, does not permit any residential use. Despite being the city's most dense district, the TOD District allows for townhouses and multi- family residential units with a density range of 31-130 per acre. The TOD District also allows indoor amusement centers and banquet, event, and conference facilities. Conversely, the Business Mixed-Use District allows for the manufacturing, assembly, and processing of products and wholesale trade, whereas the TOD District does not. Ms. McIntosh pointed out that while the adjacent Shingle Creek Crossing shopping center was designed with automobiles in mind, it too is future-guided as "Transit -Oriented Development" under the 2040 Comprehensive Plan. City Staff has been looking to increase density and activity within the overall area as the shopping center has yet to be built out fully. There are 23 properties currently zoned TOD. She showed a map of the TOD zoning area. Ms. McIntosh noted that due to the nature of the request, a public hearing notice was published in the Brooklyn Center Sun Post on May 30, 2024. Mail notifications were sent to those property owners and residents located within 350 feet of the property, and a public hearing notice was also uploaded to the city's website. No public comments were made during the hearing. 7/8/24 -13- DRAFT Ms. McIntosh stated that at the Planning Commission hearing, a property owner representative and an attorney were present and conversed with the Commission. Mr. Lindmark, attorney for Transformco, expressed that he did not believe the city had the right to rezone the property per state statute. However, City Attorney Sarah Sonsalla was present virtually for the meeting and disagreed with Mr. Lindmark's interpretation. She provided additional clarification after the meeting. Ms. McIntosh added that Mr. Wood, a property owner's representative, stated that forcing the property to be re-zoned to TOD would require them to restart their marketing and planning process. He confirmed Scannell Properties was no longer part of a Joint Venture Agreement with the property owners, but other businesses held an interest in the property. Ms. McIntosh stated the Planning Commission asked questions in response to a letter submitted by the property owner. Questions included asking about how the property owner felt the rezoning was an effort to limit the creativity of the property, for an explanation of the significant differences between the MX-B and TOD districts, what efforts were being made to rebuild the area, if the property owner was going to do something with the property themselves, and what harm there would be in changing the zoning. There were additional questions regarding the urgency of rezoning the property and a general comment that the city doesn't have many light industrial properties, which could be a positive for Brooklyn Center. Ms. McIntosh noted that the Commissioners further inquired if Transformco would be required to create a new proposal now that Scannell is no longer involved and what options the owner has moving forward. Planning Commission recommended denial (1-4) of the proposed re-zoning. Ms. McIntosh added as a note from City Staff. However, the property owner indicated light industrial as the highest and best use; staff was never provided with a copy of the private market analysis. Scannell had reached out to City Staff after initial approval regarding the financial feasibility of the proposed light industrial development due to changes in the market. Former developer Scannell indicated that the development would require TIF. Ms. McIntosh pointed out that the request to rezone from MX-B to TOD would not prevent the owner from requesting their property be re-zoned someday. Any future application would require Council approval to conform with the new UDO. Mayor Graves asked if the Commissioner who seconded recommending approval voted against the same motion as reflected in the minutes. Ms. McIntosh confirmed that is correct. Dr. Edwards stated that seconds may be taken to bring an item to a vote without reflecting support. Councilmember Jerzak asked if there was an urgency regarding the rezoning. If not, there is no reason to spend taxpayer money to address the litigation. The property owner believes the rezoning would force them to market differently, while the staff believes it would open the property up to more opportunities. He asked why the staff was recommending the rezoning. 7/8/24 -14- DRAFT Ms. McIntosh noted a Staff member spoke with a developer who showed interest in a mixed-use setting for the property. The developer called the broker but did not receive a callback. The property is currently being marketed for an industrial use. The property owner is claiming the only potential use is industrial, but staff has heard otherwise. Ms. McIntosh added she confirmed with the Metropolitan Council that the city can re-zone and re-guide the property as many times as they would like. However, it takes time and effort of staff. A super-majority vote in the future would be required for re-guiding it back to its current designation. Ms. McIntosh stated Scannell was working on redesigning the Site and Building Plan. They couldn't get the parking worked out with Gatlin due to minimum parking requirements. There was discussion about creating a new parking lot for the shopping center, but Gatlin's lenders would not have supported sharing parking spots with an industrial setting. Ms. McIntosh pointed out the building would need to be resized to fit more parking on the west side. Ms. McIntosh explained that the staff anticipated that the property would need to be returned to the Commission and Council with multiple applications. Councilmember Jerzak noted he tends to support the recommendations of the Commissions. However, it is conflicting with staff. Ms. McIntosh stated that a lot of work needs to be done on- site. If the developer were to come into the property today, there would be a clock on the project. From the time of approval with the City Council, certain plans are required within 12 months. Councilmember Jerzak asked the City Attorney if she agreed with City Attorney Sarah Sonsalla's opinion. City Attorney Siobhan Tolar stated she agrees with the advice from her firm. Councilmember Kragness asked if townhomes would be eligible on the site if they were to be zoned as TOD. Ms. McIntosh confirmed that is correct. Councilmember Kragness asked how parking would work with a townhome use. Ms. McIntosh stated she would assume it wouldn't be all townhouses because it is 15 acres. It would be a mixed- use. The design would be up to the developer. Councilmember Jerzak noted there are 23 TOD properties. The property in question would match the surrounding sites with the proposed rezoning. Ms. McIntosh stated the Comprehensive Plan Amendment has yet to be filed. It is currently guided for TOD. Down the line, the property would still need to come back before the Commission and Council. Councilmember Lawrence-Anderson asked why the Planning Commission recommended a denial. Ms. McIntosh stated there was an emphasis on industrial being a good fit for the city. Also, there was a discussion about the urgency of the matter. 7/8/24 -15- DRAFT Councilmember Lawrence-Anderson ask why they wouldn't rezone it. Ms. McIntosh pointed out representatives of the property owner are present and may answer questions for the Council. It is the Council's decision if the current zoning is the highest and best use. Councilmember Lawrence-Anderson noted she originally supported the light industrial use. However, what works then may not work now. Townhomes are an attractive option. Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to approve a first reading regarding the adoption of an ordinance re-zoning of certain property located at 1297 Shingle Creek Crossing and as contemplated under Planning Commission Application No. 2024- 009 from Planned Unit Development/Business Mixed-Use (PUD/MX-B) District to Transit- Oriented Development (TOD) District, and set the second reading to July 22, 2024. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CITY COMMISSION APPOINTMENTS Councilmember Lawrence-Anderson moved, and Councilmember Butler seconded to appoint Keith Williams, Nahid Khan, Kari Kelly, Gail Ebert, Jaclyn Frost, Sabra Love, Isabella Bridges, Cyd Hanes, CieJay Hanson, Nick Neery, and Denise Butler to the Cultural and Public Arts Commission; Andrea Kaufmann to the Park and Recreation Commission. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: • Stated YWCA has a program to get eighth grade girls excited about the STEM field. There was a field trip to Brooklyn Center Public Works facilities. They also had a panel with women in leadership throughout the city. She thanked a number of folks for their support for the field trip. Mayor Graves thanked Councilmember Butler for organizing the trip. • Congratulated Police Chief Flesland for his new appointment and expressed her excitement for his leadership. Mayor Graves reported on her attendance at the following and provided information on the following upcoming events: • Noted the Northwest Tourism Board has selected a new CEO. • Pointed out there was a recent neighborhood meeting. • Attended a Mayoral lunch. • Added she would be unavailable July 17-29, 2024. 7/8/24 -16- DRAFT Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • Shared she spent the past week up north. 12. ADJOURNMENT Councilmember Jerzak moved, and Councilmember Butler seconded adjournment of the City Council meeting at 8:19 p.m. Motion passed unanimously.