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HomeMy WebLinkAbout2018 07-09 CCM Work SessionMINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JULY 9, 2018 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 9:13 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Community Development Director Meg Beckman, Planner and Zoning Administrator Ginny McIntosh, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. FORMER JERRY'S FOOD REDEVELOPMENT CONCEPT FOLLOW-UP DISCUSSION City Manager Curt Boganey introduced the topic and stated the City Council is asked to review the process through which a charter school could be approved on the former Jerry's Food site and to provide feedback and direction to staff on whether to proceed. Community Development Director Meg Beckman reviewed that at the June 25, 2018, City Council Work session a concept was introduced to redevelop the former Jerry's Food site into a charter school. At that time, the developer presented their concept and indicated timing is critical for the successful reuse of the site into a charter school, and they would need to be able to proceed with construction as soon as possible. This is pertinent to the discussion because in order to move forward with an approval for the project, the City would need to amend the Zoning Code, rezone the property, and amend the Comprehensive Plan to allow a future land use designation that is appropriate for this use, all of which take time. Ms. Beckman presented the staff report and considerations before the City Council. She stated the Comprehensive Plan amendment is the most time consuming as it requires Met Council approval, meaning that December is the soonest this decision can be made. Ms. Beckman reviewed the overlay district, which also needs to be amended to exclude the Jerry's Food site or amend the language to allow a charter school, noting a discussion with the City Attorney is needed to determine which procedure would be the best. 07/09/18 -1- Ms. Beekman stated another issue relates to the City's design standards and guidelines that are used Citywide and with rezoning or PUD consideration, the design guidelines become required. Based on discussions with the developer and price per square foot, it is suspected allowance to the design standards would be needed. However, until full plan sets are submitted, it is impossible to determine what areas will require accommodation but it is important to note that requests for that accommodation may be part of the application. Ms. Beckman stated the developer will determine on their own whether to proceed with a formal application but the discussion tonight relates to the process it would entail. Councilmember/Commissioner Ryan stated this includes complicated procedural steps should the City Council/EDA consider the proposed charter school on the Jerry's Food site. In addition, if the changes are made, there could be potentially a whole set of policy issues for the City Council/EDA to consider beyond the Jerry's Food site including policy of future overlay sites and zoning standards. Ms. Beckman stated that is a good point as there are a lot of policy decision needed but this is a land use never considered on this site or land use situation. From staff's point, they want to be cautious in offering a false sense of security that the City Council/EDA would consider this as there is no precedence in how this process would be handled. She noted the City Council/EDA has the discretion to rezone, rewrite land use policies, and overlay districts but it comes with needing to weigh the pros and cons of that action. She stated those are weighty issues and take time for consideration. With setting precedence, she stated she would refer to the City Attorney but given the discretionary nature, she ventured to say it would not create a legal precedent. Councilmember/Commissioner Ryan stated the summary presented in Mr. Boganey' s update lists the projects staff is currently working on and if the City Council were to consider this request, it would even more heavily task staff to consider these changes and meet the deadline as well as the Met Council review of the Comp Plan amendment. Mayor/President Willson stated he does not see staff time as a significant problem, though it would increase their task load. But more importantly, the data received by Ms. Beckman and changes being contemplated do not fit well in that area as it is designated for retail, the City is building on that retail, and a charter school does not fit well. Mayor/President Willson stated he wants to be as transparent as possible and after a full review, he is not able to support this project and move forward with the changes required for it to happen. Mayor/President Willson stated the retail anticipated for properties in that general area will be a higher usage than what's being proposed, which is an important consideration with the tax base. Councilmember/Commissioner Graves stated her initial reaction was excitement about the idea and concept but she has a hard time seeing it in that space. Mayor/President Willson agreed that what they are trying to do is great and there is a need but he believes this is the wrong place. Councilmember/Commissioner Ryan concurred it is a noble undertaking but the wrong place and is not the highest and best use for this significant location. He stated the City Council/EDA may be criticized for this position but this is not the right project for this site. 07/09/18 -2- Mayor/President Willson stated his unwillingness to consider all of these changes and the time it would take and certainly not without further study by the Planning Commission. He stated his appreciation to the developer for considering this location but in his mind, it does not fit the use. Jeffrey Laux, developer, addressed the City Council/EDA. He thanked the City Council/EDA for considering what they are proposing and giving him a fast answer. He stated his appreciation to Ms. Beekman for the time she put into it. He stated it was enjoyable to watch each member of the City Council/EDA at the last meeting during which members voiced their love for kids and seeing lives transformed. He stated he met with the school's representatives today and told them he did not know how it would go tonight. Mr. Laux asked the City Council/EDA to let him know of other locations in Brooklyn Center that would be more appropriate for this use. He recognized the City Council/EDA for their work on behalf of the City, which is commendable, and stated citizens should be proud of what they are doing. Darcy Winter, Realtor representing Jerry's Foods, addressed the City Council/EDA. She stated they would like to sell the property for a use that benefits the community such as retail. She reviewed her professional experience as a Realtor, noting she has never worked with such a difficult site. She stated her client also owns the Cub store development and Aldi was not a deal as they did not offer market rate. Mayor/President Willson stated the City has approached Jerry's Food a number of times to purchase the property and even indicated a willingness to consider no compete language. Ms. Winter stated she has been the Real Estate broker of Jerry's Foods for more than 12 years and the City has never approached her with a reasonable offer on the property. She stated there has been high-level discussion and if a price has been offered, it was one that would not work. Mayor/President Willson stated there has been some interest in this site including for worker rate housing. Ms. Winter asked whether worker rate housing would be of interest but not a charter school. Mayor/President Willson answered in the affirmative. AN INTERIM ORDINANCE AUTHOHRIZING A STUDY AND PLACING A MORATORIUM ON THE SEARS PROPERTY Community Development Director Meg Beekman introduced the topic and stated the City Council is asked to review the draft interim ordinance authorizing a study, placing a moratorium on the Sears property, and provide direction to staff on how to proceed. Ms. Beckman reviewed that in early June of 2018, Sears Roebuck and Company announced the Brooklyn Center Sears store and automotive repair store would be closing by the end of September 2018. The City has not been contacted by Sears or any other contractor interested in the store, which is the final remaining structure from the former Brookdale mall. Thus, it has not been studied or planned for as part of the overall development guidance for the Single Creek Development area. 07/09/18 -3- Ms. Beekman reviewed the zoning and overlay on the Sears property that is 15.26-acre site and has high visibility from Highway 100. She noted the City Council/EDA has the authority to adopt an interim ordinance to place a moratorium on development of a particular site, or of a particular type of development citywide. A moratorium would allow the City time to study a particular area or topic to ensure an appropriate regulatory framework is in place to adequately inform future development. Ms. Beekman stated the adoption of an interim ordinance authorizing a study and placing a moratorium on the Sears site will allow time to decide whether any changes are needed to how the property is zoned and guided and to ensure development of the property is consistent with the Shingle Creek Development area. If a study and moratorium are not placed on the property, the property has a potential to be developed in a manner which is inconsistent with the surrounding developments and could extend a negative effect on the area. Ms. Beekman reviewed the process to be followed should an interim ordinance and moratorium be adopted for staff to conduct a study of the property and determine whether the current planned land use and zoning should be revised. Recommendation from that study will be shared with the City Council/EDA upon completion. Also, as part of the Comprehensive Plan update process currently underway, this property has been identified as one of the sites that requires additional focused planning efforts. She noted the current building is not suitable for reuse. Mayor/President Willson supported an 18-month moratorium to assure adequate time for study, noting that should staff not require the full 18 months, the moratorium can be lifted sooner. Councilmember/Commissioner Ryan stated a previous City Council/EDA placed a moratorium on the Pep Boy site so the City's PUD process could not be circumvented. He stated support for a moratorium on the Sears site as recommended by staff. Mayor/President Willson stated the City also placed a moratorium on a 57" and Logan site. City Attorney Gilchrist advised the initial moratorium cannot exceed one year but it can be extended under certain circumstances. Mayor/President Willson stated he would then support a one-year moratorium with the City Attorney researching the terms for an extension. Mr. Boganey stated City staff wants to get it done before one year, which may require hiring some outside resources to accomplish. He explained the City wants to be in a position so when Sears moves forward, the City is not an obstacle and can help them identify the best and right use. He reported that use of vacant Sears buildings in other locations range from converting to housing to being torn down for a new use. The majority consensus of the City Council/EDA was to support a one-year moratorium on the Sears site with the City Attorney to research terms for extension, if needed. ADJOURNMENT 07/09/18 -4- Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Graves seconded adjournment of the City Council/Economic Development Authority Work Session at 9:50 p.m. Motion passed unanimously. 07/09/18 -5- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1.That attached hereto is a full, true, and complete transcript of the minutes of a Work Session of the City Council of the City of Brooklyn Center held on July 9, 2018. 2.That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its July 23, 2018, Regular Session. &4AVA-^* 7 '-- ---^ City Clerk Mayor 07/09/18 -6-