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HomeMy WebLinkAbout2024.07.22 CCM REGULAR7/22/24 -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 22, 2024 CITY HALL – COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center City Council was called to order by Mayor Pro Tem Kris Lawrence- Anderson at 7:00 p.m. 2. ROLL CALL Mayor Pro Tem Kris Lawrence-Anderson and Councilmembers Marquita Butler, Dan Jerzak, and Teneshia Kragness. Mayor Graves was absent and excused. Also present were City Manager Reggie Edwards, Community Development Director Jesse Anderson, Associate Planner Krystin Eldridge, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Jason Hill. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4. INFORMAL OPEN FORUM Mayor Pro Tem Lawrence-Anderson and the Councilmembers reviewed the meeting decorum. Councilmember Kragness moved, and Councilmember Jerzak seconded to open the Informal Open Forum at 7:02 p.m. Patrick Lindmark, attorney with Taft Stettinius & Hollister and representative of Transform Co, requested the Council table Consent Agenda Item 6c. Resolution Regarding 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 - 2nd reading and reschedule it for a Work Session which would allow the property owner to provide a presentation to the Council. Mayor Pro Tem Lawrence-Anderson stated the item is on the agenda. Therefore, it cannot be discussed in the Informal Open Forum. Kevin S. asked if there is a clear definition of which trees belong to the City. There are several dead trees around Brooklyn Center, and it is unsafe. Mayor Pro Tem Lawrence-Anderson suggested Kevin S. speak with the Public Works Director. 7/22/24 -2- DRAFT Mayor Pro Tem Lawrence-Anderson agreed there should be more communication regarding the dead trees. She asked if tree-trimming businesses need to be licensed with the City. Staff confirmed the trimmers need to be licensed. Dr. Edwards stated that information will be updated in the coming newsletter. However, Staff will determine other ideas to enhance communication regarding trees. Councilmember Jerzak moved, and Councilmember Kragness seconded to close the Informal Open Forum at 7:07 p.m. Motion passed unanimously. 5. INVOCATION Councilmember Kragness read a poem by Sharon Simani, “A strong woman works out every day to keep her body in shape, but a woman of strength kneels in prayer to keep her soul in shape. A strong woman isn’t afraid of anything, but a woman of strength shows courage in the midst of her fear. A strong woman won’t let anyone get the best of her, but a woman of strength gives the best in what she does. A strong woman makes mistakes and avoids the same in the future, but a woman of strength realizes life’s mistakes can also be God’s blessings and capitalizes on them. A strong woman walks sure footedly, but a woman of strength also knows God will catch her when she falls. A strong woman wears the look of confidence on her face, but a woman of strength wears grace. A strong woman has faith that she is strong enough for the journey, but a woman of strength has faith that it is in the journey that she will become strong.” 6. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Pro Tem Lawrence-Anderson noted a discussion regarding the July 8 Study Session. The item is to be pulled from the Consent Agenda. Councilmember Kragness suggested the minutes be changed rather than pulled. The Council agreed to the suggestion. Mayor Pro Tem Lawrence-Anderson added another correction to the minutes to change the date in the Resolution Regarding 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 - 2nd Reading. Mayor Pro Tem Lawrence-Anderson noted Consent Agenda Item 6f. Resolution Identifying the Need for Livable Communities Demonstration Account (LCDA) funding for Resurrecting Faith World Ministries would be moved to become Council Consideration Item 10a—resolution Identifying the Need for Livable Communities Demonstration Account (LCDA) funding for Resurrecting Faith World Ministries. 7/22/24 -3- DRAFT Councilmember Jerzak moved and Councilmember Kragness seconded to approve the Agenda and Consent Agenda, as amended, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. July 8, 2024 – Study Session 2. July 8, 2024 – Regular Session 6b. LICENSES MECHANICAL Comfort Makers Mechanical, Inc. 7018 Knox Avenue N Brooklyn Center 55430 MN Plumbing and Home Services 21017 Heron Way, #105 Lakeville 55044 Optimal Heating and Cooling LLC 5912Washburn Avenue N Brooklyn Center 55430 RENTAL INITIAL (TYPE IV – six-month license) 3708 66th Avenue N Maxima Martinez Perez RENEWAL (TYPE IV – six-month license) 1507 Humboldt Place N Kyan Lum Hui 5849 Colfax Avenue N Bay Street Homes, LLC 6831 Drew Avenue N David A Gardner RENEWAL (TYPE III – one-year license) 4216 Lakebreeze Avenue N LAKE BREEZE HOLDINGS LLC 5211 Xerxes Avenue N Bmw Holdings Llc 6220 France Avenue N Ewing Square Acquistion Partners 2006 55th Avenue N PEDRAM NASTAEAN 5350 71st Circle 786 Homes-m50 Llc 6900 Regent Avenue N Houa Her & Neng Thao 7212 Emerson Avenue N SFR ACQUISITIONS 3 LLC 7/22/24 -4- DRAFT RENEWAL (TYPE II – two-year license) 7256 Unity Avenue N Unity Limited Partnership 3019 Mumford Road Mlmjr Properties & Inves Llc 6400 Orchard Avenue N Ih3 Property Minnesota Lp RENEWAL (TYPE I – three -year license) 5115 Twin Lake Boulevard E Ruth E Cioni 5834 Fremont Avenue N GOLDSMITH KACZMARSKI LIV TR 7025 Newton Avenue N Stephen & Michelle Branham SIGNHANGER Creative Color, Inc. 9635 Girard Avenue S Minneapolis 55431 6c. ORDINANCE NO. 2024-07; REGARDING 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 - 2ND READING 6d. RESOLUTION NO: 2024-78; IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT (LCDA) FUNDING FOR CAPI 6e. RESOLUTION NO: 2024-79; IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT (LCDA) FUNDING FOR NEW GENERATIONS LLC- VETERANS HOUSING 6f. RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT (LCDA) FUNDING FOR RESURRECTING FAITH WORLD MINISTRIES 6g. RESOLUTION NO: 2024-81; ACCEPTING THE MN DEPARTMENT OF TRANSPORTATION GRANT FOR IIJA GRANTS TECHNICAL ASSISTANCE Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7/22/24 -5- DRAFT None. 8. PUBLIC HEARINGS 8a. AN ORDINANCE 2024-03; AMENDING THE MAYOR AND COUNCIL SALARIES FOR 2025 AND 2026 (SECOND READING) Councilmember Kragness moved and Councilmember Jerzak seconded to open the Public Hearing. Motion passed unanimously. Dr. Edwards explained the salary increase is for the years 2023 and 2024, the salary increase for Mayor and Council did not go into effect due to a timing error. The salaries for 2025 and 2026 were based off the original 2023 and 2024 amounts. The increase is three percent for each year. No one appeared to address this item. Councilmember Butler moved and Councilmember Kragness seconded to close the Public Hearing. Motion passed unanimously. Councilmember Kragness moved and Councilmember Butler seconded to adopt ORDINANCE 2024-06 amending the salaries for Mayor and City Council for 2025 and 2026. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. RESOLUTION NO: 2024-80; REGARDING PLANNING COMMISSION APPLICATION NO. 2024-010, SUBMITTED BY LOEHRER ACQUISITIONS, LLC FOR THE FIRST READING OF AN ORDINANCE REZONING AND ISSUANCE OF A CONDITIONAL USE PERMIT FOR A LOS CAMPEONES GYM (6440 JAMES CIRCLE NORTH) Dr. Edwards introduced the item and invited Associate Planner Krystin Eldridge to continue the presentation. Associate Planner Kristyn Eldridge explained the applicant is requesting approval of a conditional use permit (CUP) that would allow for a new Los Campeones gym location at 6440 James Circle North. The property was formerly home to the AMF Earle Brown Lanes as well as a restaurant and bar, which abruptly closed in 2015. It was later purchased by current Property Owner, ODAA Center LLC, in 2017 and went before the City’s Planning Commission and City Council for two 7/22/24 -6- DRAFT different proposals. A proposal to convert the property into an approximately 64,000-square foot light industrial development was approved by Council in 2021, and prior to that, an event center. She showed photos of the site. Ms. Eldridge noted the 35,000 square foot building was originally approved for and constructed in 1978 for use as the bowling alley with restaurant. The approval of the permits allowed for live entertainment and a bowling alley in what was then zoned I1. This allowed for the property to function as a bowling alley, restaurant, and recreational facility. Additional Planning Commission applications were subsequently approved by the City over the years including expansion of the lounge area and exterior remodeling in 1982, an addition to the café for new cooler storage, service area, and waiting room in 1987, and requests to build a temporary outdoor patio and outdoor sand volleyball courts in 1991. Ms. Eldridge stated prior to the current application, the property had been proposed for re-use as an event center in 2018 and 2019 then a 64,000 square foot speculative light industrial redevelopment in 2021. Benjamin Loehrer of Loehrer Acquisitions, LLC and broker Mike Fidler reached out to the City in May 2024 regarding plans to purchase the property for a new Los Campeones gym. The closing was initially anticipated for June. However, Staff informed the applicant that a conditional use permit would be required for the use. Ms. Eldridge pointed out Staff has been in communication with the applicant’s architect and contractor regarding the existing site conditions including the building’s exterior, landscaping, site lighting, and parking lot. The site has been subject to deterioration and vandalism as it has not been in operation since 2015. The applicant has already factored in renovation costs to re-open the building for an indoor recreation use and obtain a new certificate of occupancy. Ms. Eldridge noted the submitted application is not requested new site and building plan approvals. However, the applicant did provide preliminary architectural plans, site plan with landscaping, and photometric plans to support conditional use permit request. Ms. Eldridge stated the property was rezoned to Planned Unit Development/Business Mixed Use (PUD/MX-B) in 2021 as a matter of timing, as the current property owner, ODAA Center, LLC had applied for redevelopment of the property. As this use is no longer being proposed, a rezoning is requested to remove the PUD. Ms. Eldridge stated in reviewing requests for ordinance amendments, certain amendment criteria shall be considered as outlined under Section 35-71304. The Planning Commission and City Council shall review the necessary submittal requirements, facts, circumstances of the proposed amendments, and make a recommendation and decision on the amendment based on, but not limited to, consideration of certain criteria and policies. Ms. Eldridge explained 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 7/22/24 -7- DRAFT 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. Eldridge noted although light industrial uses are now permitted within the City’s Business Mixed-Use District as of 2023, the District had not yet been formally adopted as a district. The City’s 2040 Comprehensive Plan adopted in 2019 future guided the property as Business Mixed Use (B-MU). Ms. Eldridge stated Staff ultimately considers the requested rezoning to be more of an administrative clean-up to the property as the underlying zoning will remain the same. As the subject property is not contemplated for redevelopment and there is no request from the applicant for certain flexibilities to be granted, Staff determined the PUD no longer served a purpose. Ms. Eldridge stated the requested rezoning is intended to remove a restriction on the property that only permits a use of the aforementioned light industrial building. Removing the PUD designation frees the property for any use within the Business Mixed Use District. Ms. Eldridge stated the applicant indicated a desire to expand to the subject property for its sense of community and noted its gym offers a safe and friendly environment for people of all fitness levels to feel motivated and encouraged. The hours of operation will be 5:00 a.m. to 11:00 p.m. Monday to Friday and 7:00 a.m. to 7:00 p.m. on Saturday and Sunday. There will be two to five staff members on duty. Additionally, there is a potential for 15 to 20 personal trainers, coaches, and physical therapists to be on-site. During peak hours, which is 6:00 a.m. to 8:00 a.m. and 5:00 p.m. to 8:00 p.m., there are approximately 100 members per hour. They anticipate 3,000 members at the Brooklyn Center location, and it would be their largest location. Ms. Eldridge pointed out Staff has been in contact with the applicant to address existing non- confirmities and addressing the conditional use permit criteria. There are no alterations to the site plan other than to seal coat and re-stripe. The indoor recreation use requires a minimum of 133 parking spaces. As proposed, there are 286 existing spaces. Ms. Eldridge added the applicant provided draft landscape plans to address missing landscaping, but Staff will require revisions. A photometric plan was provided with lighting specifications for new wall sconces and replacement of parking lot heads. Lighting is currently non-functional. There are plans to paint the building black with red accents. Signage will be addressed separately. Ms. Eldridge showed proposed elevations, site plans, landscaping plans, and photometric plans. 7/22/24 -8- DRAFT Ms. Eldridge noted the establishment, maintenance, or operation of the conditional use must promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort of other establishments. Similarly, the conditional use cannot 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. Ms. Eldridge added the CUP requires the use will not impede on the normal and orderly development and improvement of surrounding property for uses permitted in the district. Adequate measures will have to be taken to provide ingress, egress, and parking to minimize traffic congestion in the streets. Impacts such as noise, hours of activity, and exterior light must be sufficiently addressed to mitigate negative impacts on nearby uses. Lastly, the conditional use must confirm to applicable regulations of the district. Ms. Eldridge pointed out a public hearing notice was published in the Brooklyn Center Sun Post on June 27, 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. Ms. Eldridge stated the Planning Commission held a public hearing at their July 11, 2024 meeting. One neighboring owner, Simone Chambliss of Jambo Africa, showed support for the use. The Commissioners asked questions regarding number of gym members, use of other locations, specifics of the gym location, recent closures, issues with safety given hours of operation. The Planning Commission expressed general support for the requests and recommended unanimous approval (4-0). Since the Planning Commission met, Staff received new signage proposals and is anticipating revised landscaping plans. Councilmember Jerzak expressed his excitement for a new use of the vacant building. The site has been a blight for a number of years. Benjamin Loehrer, owner of Los Campeones, explained he took over the business in 2010 and turned it around. It will be the seventh building he has purchased for the gym use. He hopes it will be a positive impact on the neighborhood. Los Campeones is more of an old-school style. There are a lot more weights than other gyms. There aren’t pools, saunas, and basketball courts. It is very simple. A soft opening is anticipated for October, but there will be a grand opening in the spring. Councilmember Jerzak moved and Councilmember Kragness seconded to approve ORDINANCE 2024-08, a first reading regarding the adoption of an ordinance re-zoning of certain property located at 6440 James Circle North and as contemplated under Planning Commission Application No. 2024-010 from Planned Unit Development/Business Mixed-Use (PUD/MX-B) District to Business Mixed-Use (MX-B) District, and set the second reading to August 12, 2024. Motion passed unanimously. 7/22/24 -9- DRAFT Councilmember Jerzak moved and Councilmember Kragness seconded to approve Resolution 2024-82; Planning Commission Application No. 2024-010 for issuance of a conditional use permit to operate a Los Campeones gym at 6440 James Circle North, based on the findings of fact and submitted documentation. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2024-81 IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT (LCDA) FUNDING FOR RESURRECTING FAITH WORLD MINISTRIES Councilmember Jerzak explained he has questions regarding the memo dated June 28, 2024. It was noted options would need to be presented to the Council. Staff has applied for a number of grants to assist Alatus in affording their portion of the project. However, it is clear the number will not be met. Staff proposed an exchange of land to Alatus, but they were opposed based on the future marketability of the site. Councilmember Jerzak noted there was a clear consensus from the Council that the City is uninterested in subsidizing the infrastructure, but the memo indicates otherwise. The Council hasn’t had a recent opportunity to determine the feasibility of the project. The Council has remained supportive of market-rate housing. He asked how Resurrecting Faith World Ministries would succeed without Project for Pride in Living. Community Development Director Jesse Anderson stated the application is by Resurrecting Faith World Ministries for their daycare and a few other things. Resurrecting Faith would be unable to move forward without Alatus. The grant is not for infrastructure. Councilmember Jerzak stated he doesn’t want to expend Staff resources and time on projects that aren’t likely to happen. The City hasn’t heard directly from Alatus. It is uncomfortable to pursue more funds without knowing if the project itself will move forward. Mayor Pro Tem Lawrence-Anderson noted her agreement with Councilmember Jerzak. She stated she doesn’t want to vote on the item until there is an update from Alatus. The City has been working with Alatus since 2018. At some point the project needs to be revisited. Mr. Anderson stated Resurrecting Faith World Ministries made the request as they would need City support to move forward with the grant application. It is a reimbursement grant. Councilmember Butler stated there is no reason not to approve the request. Councilmember Kragness noted her agreement with Councilmember Butler. Mr. Anderson pointed out Staff speaks with Alatus weekly, and they are constantly working to find a solution. 7/22/24 -10- DRAFT Councilmember Jerzak stated Alatus has not followed through with their portion of the project, and they are still trying to influence other aspects of the development. Also, the funds could be used by another City that is actually ready to move forward. Mayor Pro Tem Lawrence-Anderson asked if Resurrecting Faith World Ministries has the financial capability to move forward should the infrastructure be built out without relying on taxpayer dollars. She asked where the money would go should Alatus drop out. Mr. Anderson stated Resurrecting Faith may be able to move forward with a different developer. The grant would expire after a period of time if it remains unused. Councilmember Jerzak asked if there is an expiration date on the project. Mr. Anderson stated the grant in question expires in three years. Councilmember Jerzak asked if the property could sit for three years without any progress. Mr. Anderson stated the grant doesn’t require Alatus be the developer. The grant wouldn’t tie up other efforts on the project. Councilmember Kragness stated it is admirable for Resurrecting Faith World Ministries to continue pursuing their project. Councilmember Jerzak asked if the grant would obligate the City to allow Resurrecting Faith to develop their building. Mr. Anderson stated the grant would not tie the hands of the City in any way. Mayor Pro Tem Lawrence-Anderson added Mayor Graves would also likely be in support of the grant. Councilmember Kragness moved and Councilmember Butler seconded to adopt the RESOLUTION identifying the need for Livable Communities Demonstration Account (LCDA) funding and authorizing the submission of application for grant funds. Motion passed unanimously. 11. COUNCIL REPORT Mayor Pro Tem Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • Noted Friday, October 18, 2024 will be Random Acts of Kindness Day. She requested the Council provide feedback on the happenings. • Added Night to Unite is August 6, 2024. 12. ADJOURNMENT 7/22/24 -11 - DRAFT Councilmember Butler moved and Councilmember Jerzak seconded adjournment of the City Council meeting at 8:02 p.m. Motion passed unanimously.