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HomeMy WebLinkAbout2011 05-23 CCM Regular Session 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 23, 2011 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche, Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Fire Chief Lee Gatlin, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Carlein Cloutier, 5731 Camden Avenue N., explained she had received a letter advising that her property was in violation of Code 12 -707 and 35 -530 because it has two storage sheds. She provided. photos of her property for the Council's review and explained that when they purchased the property in 1998, the two sheds already existed. The first shed was constructed in 1976 and the second in 1995 after a building permit was issued. Ms. Cloutier stated they purchased the property because of the additional storage afforded by the two sheds and requested the City grandfather the two sheds or issue a variance. Shay Vue, 4950 Abbott Avenue, stated he received a ticket for his racing homer pigeons and asked that the Council reconsider and allow him to keep the pigeons. He explained the pigeons are well kept, clean, and vaccinated the same as a pet dog or cat. In response to the Council's questions, Mr. Vue provided additional information. He has had pigeons since he was 11 -12 years old; he had notified his neighbors of the pigeons and did not think they had complained; when racing, the pigeons are shipped to a different site and then return home; the pigeon coop is properly built, cleaned, and inspected by racing club officials; he has 40 -50 pigeons but only 20 compete and the rest are breeders and kept prisoners; the 20 -25 competing pigeons are exercised early each morning for 15 -30 minutes, fly as a flock, and make no noise; and he gives pigeons to neighborhood children because he thinks it helps them to stay out of trouble. 05/23/11 -1- Ryan Sibinski, 8324 Hampshire Avenue N., stated his opposition to Brookdale. Mayor Willson indicated that matter is an agenda items and cannot be addressed during Open Forum. Mr. Sibinski asked to be allowed to speak to the broader issue during the agenda item. Mayor Willson stated the Council can take that request under advisement. Councilmember Lasman moved and Councilmember Kleven seconded to close the Informal Open Forum at 6 :59 p.m. Motion passed unanimously. 2. INVOCATION As the invocation, Councilmember Lasman requested a moment of silence and personal reflection to honor the victims of the recent storm in the Twin Cities and other areas. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order b Mayor Tim Willson Y tY g Y Y at 7:01 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, to add Item 7a, Lona Schreiber, Metropolitan Council Member, District 2, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. May 9, 2011 Study Session 2. May 9, 2011— Regular Session 3. May 9, 2011 — Work Session 05/23/11 -2- 6b. LICENSES MECHANICAL Absolute Mechanical, LLC 5203 West 73` Street, Edina CDM Heating & A/C 6040 340 Street, Stacy Carlson Plumbing, Inc. 19240 Isetta Street NE, East Bethel Centraire Heating & A/C, Inc. 7402 Washington Avenue S., Eden Prairie Joseph & Joseph Consulting, Ltd. 34 Imperial Drive E., West St. Paul M H Plumbing, Inc. 6725 277 Avenue NW, Isanti Modern Heating & Air 2318 First Street NE, Minneapolis Ray Welter Heating Company 4637 Chicago Avenue S., Minneapolis Wencl Services, Inc. 8148 Pillsbury Avenue S., Bloomington RENTAL INITIAL (TYPE II — two year license) 3223 49 Avenue N. Hamid Safdari 4119 71 Avenue N. Nazir Moghul 6638 Camden Drive Gal Peremislov 5025 Drew Avenue N. Ryan Ferguson 5147 Drew Avenue N. Frank Jin 6114 Girard Avenue N. Sarah Vogt 5720 Logan Avenue N. Jeniffer Kuria RENEWAL (TYPE III — one-year license) 3501 47 Avenue N. Passed w /Weather Deferral Richard Grommes 5240 Drew Avenue N. Passed w /Weather Deferral Bradley Schumacher 6613 Camden Drive Mark One Resources LLC 5160 Drew Avenue N. Passed w/Weather Deferral Chen Zhou RENEWAL (TYPE I — three-year license) 120563 rd Lane N. Michael Nwachukwu 3501 66 Avenue N. Michael Haase 140173 rd Avenue N. J. Thomas Equities LLC 6443 Emerson Avenue N. Deepak Nath 6407 Lee Avenue N. Joe Yurecko SIGNHANGER Advanced Design, Inc. 1600 29 Street, Cloquet 05/23/11 -3- 6c. APPLICATION AND PERMIT FOR TEMPORARY ON -SALE LIQUOR LICENSE SUBMITTED BY CITY OF LAKES NORDIC SKI FOUNDATION, FOR AN EVENT TO BE HELD AT SURLY BREWING COMPANY, 4811 DUSHARME DRIVE, ON JUNE 18, 2011 6d. RESOLUTION NO. 2011 -75 APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF BROOKLYN CENTER ON BEHALF OF ITS PROSECUTING ATTORNEY AND POLICE DEPARTMENT , Motion passed unanimously. 7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. LONA SCHREIBER, METROPOLITAN COUNCIL MEMBER, DISTRICT 2 Lona Schreiber, Metropolitan Council Member, District 2, introduced herself and the geographic area she represents, past political experience, and reported on the issues currently under consideration by the Metropolitan Council The Council thanked Member Schreiber for the update and encouraged her support of the regional park system, transit, and livable community initiatives. 8. PUBLIC HEARINGS 8a. RESOLUTION NO. 2011 -76 PARTIALLY RELEASING HIGHWAY EASEMENT DOCUMENT NO. 720378, RELEASING AND TERMINATING SANITARY SEWER EASEMENT GRANT DOCUMENT NO. 802984, RELEASING AND TERMINATING EASEMENT GRANT DOCUMENT NO. 964588, RELEASING AND TERMINATING EASEMENT GRANT DOCUMENT NO. 1032878 RELEASING AND TERMINATING EASEMENT GRANT DOCUMENT NO. 1504596 PARTIALLY RELEASING AND TERMINATING EASEMENT DOCUMENT NO. 4499430, RELEASING AND TERMINATING EASEMENT GRANT AND MAINTENANCE AGREEMENT DOCUMENT NO. 1838664, AND RELEASING AND TERMINATING EASEMENT AND AGREEMENT FOR MAINTENANCE AND INSPECTION OF UTILITY AND STORM DRAINAGE SYSTEMS DOCUMENT NO. 1876647, CONTAINED ON THE PARCELS WHICH LIE WITHIN THE AREA BOUNDED BY HIGHWAY 100, BASS LAKE ROAD (COUNTY ROAD 10) AND XERXES AVENUE NORTH, HENNEPIN COUNTY, MINNESOTA City Engineer Steven Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed resolution authorizing partial release of existing easements and release and termination of existing easements in connection with the final plat approval of Shingle Creek Crossing. He displayed a survey depicting the location of each easement and described the purpose of the vacation. 05/23/11 -4- Mr. Lillehaug acknowledged the written objections submitted by Excel and CenterPoint Energy and indicated those objections have been addressed because the vacation of the Xerxes highway _ easement only relates to the snow fence portion and the other easement areas will be rededicated in some form to the City or private utility companies to assure current and future service to the properties. He recommended approval subject to the conditions identified in the proposed resolution. Councilmember Roche moved and Councilmember Ryan seconded to open the Public'Hearing. Motion passed unanimously. Ryan Sibinski, 8324 Hampshire Avenue N., stated his objection to vacation of the easements, the demolition of Brookdale Mall which he believed was a perfectly good building, and construction of a new shopping center because it was unnecessary, too expensive, and a financial risk for the City. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Roche seconded to adopt RESOLUTION NO. 2011 -76 Partially Releasing Highway Easement Document No. 720378, Releasing and Terminating Sanitary Sewer Easement Grant Document No. 802984, Releasing and Terminating Easement Grant Document No. 964588, Releasing and Terminating Easement Grant Document No. 1032878, Releasing and Terminating Easement Grant Document No. 1504596 Partially Releasing and Terminating Easement Document No. 4499430, Releasing and Terminating Easement Grant and Maintenance Agreement Document No. 1838664, and Releasing and Terminating Easement and Agreement For Maintenance and Inspection Of Utility And Storm Drainage Systems Document No. 1876647, contained on the Parcels which lie within the area bounded by Highway 100, Bass ,Lake Road (County Road 10) and Xerxes Avenue North, Hennepin County, Minnesota. Motion passed unanimously. 8b. TRANSITORY ORDINANCE NO. 2011 -03 RELATING TO THE REGULATION OF SIGNS;" ADDING NEW BROOKLYN CENTER CITY CODE, SECTION 34- 140.2.p City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed transitory ordinance to give the City Manager authority to authorize signs on City - owned property during the Centennial Year to inform the community of Centennial events. If adopted, the ordinance would expire at the end of the Centennial Year. Councilmember Ryan moved and Councilmember Kleven seconded to open the Public Hearing. 05/23/11 -5- Motion passed unanimously. No one appeared to address the City Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Roche moved and Councilmember Kleven seconded to approve second reading and adopt Transitory ORDINANCE NO. 2011 -03 Relating to the Regulation of Signs; Adding new Brooklyn Center City Code, Section 34- 140.2.p. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2011 -009 SUBMITTED BY LOREN VAN DER SLIK FOR GATLIN DEVELOPMENT COMPANY. REQUEST FOR PLANNED UNIT DEVELOPMENT, UNIT DEVELOPMENT/ SITE, AND BUILDING PLAN APPROVAL FOR REDEVELOPMENT OF BROOKDALE CENTER TO BE KNOWN AS SHINGLE CREEK CROSSING Director of Business and Development Gary Eitel provided an overview of Planning Commission Application No. 2011 -09 and the Planning Commission's: recommendation for approval of the application at its April 28, 2011, meeting subject to conditions as detailed in the proposed resolution. The applicant is seeking a Planned Unit Development (PUD) to allow the following changes to the original Brookdale redevelopment plan: 1: The demolition of approximately 760,000 sq. ft. of the mall including the former JC Penney, Mervyn's, Macy's, and Midas stores. 2. The renovation of approximately 123,242 sq. ft. of the mall located north of Sears with architectural changes to provide exterior identity and access while maintaining an indoor mall component. 3. The planned development of a 402,489 sq. ft. community shopping center /town center that includes a major anchor retailer with groceries, three junior box retailers, six restaurant pad sites, and four multi -tenant retail /service buildings. 4. The day - lighting of Shingle Creek and enhancements to on -site storm water management, landscaping and lighting. Mr. Eitel presented the improvements to be made under the phasing plan, grading plan, storm sewer plan, water plan, sanitary sewer plan, lighting plan, landscape plan, and exterior elevations. 05/23/11 -6- Mr. Eitel answered questions of the City Council regarding the request for PUD /Site and Building Plan approval for the redevelopment of Brookdale Center to be known as Shingle Creek Crossing. He indicated the sidewalk depth can accommodate vendor activity, if permitted by the City, and the design of the light poles would be presented to the EDA with subsequent plans. Councilmember Roche noted it is an asset that all sides of the development serve as the "front" and encouraged the developer to consider the aesthetic benefits of including a fountain in the pond. 1. RESOLUTION NO. 2011 -77 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -009 SUBMITTED BY LOREN VAN DER SLIK FOR GATLIN DEVELOPMENT COMPANY Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2011 -77 Regarding the Disposition of Planning Commission Application No. 2011 -009 Submitted by Loren Van Der Slik for Gatlin Development Company. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2011 -008 SUBMITTED BY LOREN VAN DER SLIK FOR GATLIN DEVELOPMENT COMPANY. REQUEST FOR PRELIMINARY PLAT /SUBDIVISION APPROVAL OF THE BROOKDALE MALL PROPERTIES TO BE KNOWN AS SHINGLE CREEK CROSSING Mr. Eitel provided an overview of Planning Commission Application No. 2011 -008 and advised the Planning Commission recommended approval of the application at its April 28, 2011, meeting subject to conditions as detailed in the proposed resolution. Mr. Eitel presented the Preliminary Plat/Subdivision approval of Shingle Creek Crossing involving the replat of the Brookdale Mall properties, excluding the Sears parcel, into 19 lots and one outlot to facilitate the phased improvements and development of the Shingle Creek Crossing PUD. 1. RESOLUTION NO. 2011 -78 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -008 SUBMITTED BY LOREN VAN DER SLIK FOR GATLIN DEVELOPMENT COMPANY Councilmember Ryan moved and Councilmember Kleven, seconded to approve RESOLUTION NO. 2011 -78 Regarding the Disposition of Planning Commission Application No. 2011 -008, Submitted by Loren Van Der Slik for Gatlin Development Company. Motion passed unanimously. NOTE: Item No. 9d was addressed by the City Council before Item No. 9c. 05/23/11 -7- 9d. PLANNING COMMISSION APPLICATION NO. 2011 -010 SUBMITTED BY JEFF KAUERZ FOR AUTOZONE. REQUEST FOR PRELIMINARY PLAT APPROVAL FOR THE PROPERTY LOCATED AT 6300 BROOKLYN BOULEVARD Planning and Zoning Specialist Tim Benetti provided an overview of 'Planning Commission Application No. 2011 -010 and advised the Planning Commission recommended approval of the application at its May 12, 2011, meeting. Mr. Benetti answered questions of the City Council regarding the request for Preliminary Plat approval of Rainbows Garden City Second Addition to facilitate the legal separation of the former Hollywood Video and portions of the surrounding parking areas from the overall Max Sun Grocery retail center site. Once completed, Mr. Kauerz will be able to purchase Lot 1, Block 1, of Rainbows Second and complete the renovation of their new Auto Zone retail auto parts store. The Council asked about improving the aesthetics of the pond. Mr. Lillehaug stated a condition of approval requires the inspection of all ponds on the property as well as annual maintenance and inspection reporting to the City. With regard to maintenance of the building, Mr. Benetti stated the building will remain intact and both the interior and exterior will be rehabilitated. 1. RESOLUTION NO. 2011 -79 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -010 SUBMITTED BY JEFF KAUERZ FOR AUTOZONE Councilmember Roche moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011 -79 Regarding the Disposition of Planning Commission Application No. 2011 -010 Submitted by Jeff Kauerz for AutoZone. Motion passed unanimously. 9c. PLANNING COMMISSION APPLICATION NO. 2011 -011 SUBMITTED BY JEFF KAUERZ FOR AUTOZONE. REQUEST FOR REZONING FROM C -2 (COMMERCIAL) TO PUD /C -2 (PLANNED UNIT DEVELOPMENT/ COMMERCE) FOR THE PROPERTY LOCATED AT 6300 BROOKLYN BOULEVARD Mr. Benetti provided an overview of Planning Commission Application No. 2011 -011 and advised the Planning Commission recommended approval of the application at its May 12, 2011, meeting. He explained this request for rezoning provides the needed flexibility for the applicant to secure adjacent parking areas from the owners of the MaxSun market property, allow for access easement and driveway rights between property owners, and provide a zero lot line setback between parking facilities. He reported there are currently 33 parking spaces and an additional 18 spaces will be provided. Mr. Benetti advised that a building of this size requires 53 spaces so this arrangement is two short; however, the City can consider the parking arrangement and recognize the additional parking arrangement with BCK Enterprises, zero lot line setbacks for parking between the two parties, and shared access rights. These issues will be incorporated into an agreement for final review by the City Attorney. 05/23/11 -8- 1. RESOLUTION NO. 2011 -80 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -011 SUBMITTED BY JEFF KAUERZ FOR AUTOZONE Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011 -80 Regarding the Disposition of Planning Commission Application No. 2011 -011 Submitted by Jeff Kauerz for AutoZone Motion passed unanimously. 9e. PLANNING COMMISSION APPLICATION NO. 2011 -012 SUBMITTED BY MIKE LAMBERT FOR ALLIED BUILDING. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR A NEW 13,300 SQ. FT. COLD STORAGE BUILDING IN THE I -2 (GENERAL INDUSTRY) ZONING DISTRICT LOCATED AT 4810 LILAC DRIVE Mr. Benetti provided an overview of Planning Commission Application No. 2011 -012 and advised the Planning Commission recommended approval of the application at its May 12, 2011, meeting. He explained this request for site and building plan approval facilitates the construction of a 13,300 sq. ft. cold storage building for the storage of raw and finished building products typically provided for or sold to Allied customers. Mr. Benetti displayed a site plan to identify the location of the railroad spur easement. He stated the City Attorney had recommended that no building be permitted over any easement and suggested directing the applicant to secure an easement release from the railroad. Mr. Benetti noted that if the property owner is not able to secure easement release, there is enough space to move the building farther into the site and avoid the easement. It was noted the easement matter was addressed in Condition 3. Councilmember Roche moved and Councilmember Lasman seconded to approve Planning Commission Application No. 2011 -012 subject to the following conditions recommended by the Planning Commission: 1. The building plans are subject to review and approval by the Building Official and Fire Chief with respect to applicable codes prior to the issuance of permits. If required by the Building Official, the new building's automatic fire suppression systems shall meet NFPA standards and connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 2. An existing signed survey should be submitted showing the proposed building and exact distances from lot lines. 3. No permanent structure shall be constructed over any existing easements. The status of the railroad spur easement may need to be determined later by the City Attorney. 4. The plan should show grading limits, pavement removals and restoration. 5. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. An erosion control plan must be 05/23/11 -9- submitted with the construction plans. All erosion control items must be installed before construction begins. 6. The applicant shall submit an as-built survey of the property, improvements and utility service lines prior to issuance of any final certificate of occupancy. The Council consensus was reached that should the building be relocated to avoid the railroad spur, it would be brought before the Council as a site plan amendment. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2011 -81 AUTHORIZING RELEASE AND TERMINATION OF WATER MAIN, SANITARY SEWER AND FIRE HYDRANT INSPECTION AND MAINTENANCE AGREEMENT DOCUMENT NO. 962975; RELEASE AND TERMINATION OF WATER MAIN, SANITARY SEWER AND FIRE HYDRANT INSPECTION AND MAINTENANCE AGREEMENT DOCUMENT NO. 1256759; RELEASE AND TERMINATION OF WATER MAIN, SANITARY SEWER AND FIRE HYDRANT INSPECTION AND MAINTENANCE AGREEMENT DOCUMENT NO. 1260654; RELEASE AND TERMINATION OF DECLARATION OF COVENANTS DOCUMENT NO. 1876646; AND RELEASE AND TERMINATION OF FINDINGS OF FACT DOCUMENT NO. 4702186, AND RELEASE OF RECEIPT OF DEPOSIT DOCUMENT NO. 4702185 CONTAINED ON THE PARCELS WHICH LIE WITHIN THE AREA BOUNDED BY HIGHWAY 100, BASS LAKE ROAD (COUNTY ROAD 10), AND XERXES AVENUE NORTH, HENNEPIN COUNTY, MINNESOTA Mr. Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed resolution to authorize release and termination of existing agreements in connection with the final plat approval of Shingle Creek Crossing. Councilmember Roche moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011 -81 Authorizing Release and Termination of Water Main, Sanitary Sewer and Fire Hydrant Inspection And Maintenance Agreement Document No. 962975; Release and Termination of Water Main, Sanitary Sewer and Fire Hydrant Inspection and Maintenance Agreement Document No. 1256759; Release and Termination of Water Main, Sanitary Sewer and Fire Hydrant Inspection and Maintenance Agreement Document No. 1260654; Release and Termination of Declaration of Covenants Document No. 1876646; and Release and Termination of Findings Of Fact Document No. 4702186, and Release of Receipt of Deposit Document No. 4702185 Contained on the Parcels which lie within the area bounded by Highway 100, Bass Lake Road (County Road 10), and Xerxes Avenue North, Hennepin County, Minnesota. Motion . assed unanimously. Y 05/23/11 -10- 10b. RESOLUTION NO. 2011-82 APPROVING FINAL PLAT FOR SHINGLE CREEK CROSSING Mr. Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed resolution to approve the Final Plat for Shingle Creek Crossing that would combine and subdivide the following existing properties: City's EDA parcel in the southeast quadrant of Shingle Creek Parkway and County Road 10, Kohl's, Applebee's, Midas, and the Brookdale mall parcels (excluding Sears). This new plat would form 19 new, independent parcels with a common outlot. He recommended approval subject to the conditions as detailed in the proposed resolution. Councilmember Ryan moved and Councilmember Kleven seconded to approve RESOLUTION NO. 2011-82 Approving Final Plat for Shingle Creek Crossing. Motion passed unanimously. 10c. RESOLUTION NO. 2011 -83 AUTHORIZING ACQUISITION OF EASEMENTS FOR SHINGLE CREEK CROSSING Mr. Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed resolution to authorize acquisition of easements for Shingle Creek Crossing that are dedicated on the plat as well as individual easements. He recommended approval subject to the conditions detailed in the proposed resolution. Councilmember Roche moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011-83 Authorizing Acquisition of Easements for Shingle Creek Crossing. Motion passed unanimously. 10d. RESOLUTION NO. 2011 -84 APPROVING DEVELOPMENT AGREEMENT (SHINGLE CREEK CROSSING) Mr. Eitel introduced the item, discussed the history, and stated the purpose of the proposed resolution approving the Tax Increment Agreement for TIF District #5 and Development Agreement for Shingle Creek Crossing. He displayed a map to identify the properties and provided an explanation of the Articles contained in the agreement. Councilmember Ryan stated this project received extraordinary review beginning with the Planning Commission. He noted the Shingle Creek Crossing project acquisition costs are about $13 million and the current market value is $17 million. However, not too many years ago, when occupied by functioning retailers, Brookdale Mall had a market value of $46 million. Councilmember Ryan noted the conditions that made Brookdale Mall successful in the past have changed and the Council has the responsibility to its citizens to develop a plan for this valuable property that is successful and viable. 05/23/11 -11- As part of that analysis, Springsted evaluated the financials for the Shingle Creek Crossing project and demonstrated that providing some financial assistance was required for the developer to have a successful project. That level of assistance is only what needs to be done to assure the project is feasible. The Council thanked staff and Gatlin Development for its work on this project. Councilmember Roche moved and Councilmember Kleven seconded to approve RESOLUTION NO. 2011-84 Approving Development Agreement (Shingle Creek Crossing). Motion passed unanimously. 10e. SEARS TOLLING AGREEMENT Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed Tolling Agreement under which the need to commence litigation is tolled, or suspended, to August 1, 2011. If executed, Sears could commence suit on August 30, 2011, or earlier, and be in the same legal position as if it had commenced the suit on May 23, 2011. Mr. Boganey referenced the recommendation of the City Attorney that this Agreement would facilitate the project moving forward. Mayor Willson noted the letter from Hinshaw and Culbertson LLP indicates the Tolling Agreement is only partially executed. L. J. Rotman, Hinshaw and Culbertson LLC, representing Sears, explained the Tolling Agreement is partially executed because the City is yet to sign. Sears and Gatlin Development have signed the Tolling Agreement. Mayor Willson asked about the agreement between Sears and Gatlin Development that Sears will waive its rights to a lawsuit in this matter. Mr. Rotman advised that agreement has been drafted and is still being discussed. Mayor Willson noted the Tolling Agreement indicates the City will hold Sears harmless until August and then it is okay to sue the City. Mr. Rotman clarified the Tolling Agreement is a common tool to solve problems and give them time to complete an agreement they are currently negotiating. He assured the Council that Sears is anxious to get it signed and he imagines that Mr. Gatlin feels the same. City Attorney Charlie LeFevere advised there is not a great risk to the City in executing this Tolling Agreement given the short duration it would be in effect. He stated it is not a usual agreement, but is a way to preserve the status quo and allow parties to continue negotiations without bringing a lawsuit to protect their rights. However, it does not preclude or prevent Sears from starting a lawsuit within the tolling period. Mayor Willson stated he wanted to assure the City was protected and asked what argument would be made should a lawsuit be filed. Mr. LeFevere explained the legalities of a Tolling 05/23/11 -12- Agreement and indicated it is more common if time has elapsed or the situation involved a statute of limitations. In this case, it is early in the process and no statutes of limitations apply. Chad Williard, lawyer representing Gatlin Development, stated they are close to an agreement with Sears and have signed the Tolling Agreement since it does not change their position. Councilmember Lasman stated the Tolling Agreement would be an effective tool to enable the parties to come to an agreement, noting both Sears and Gatlin Development have signed it. Councilmember Lasman moved and Councilmember Ryan seconded to accept Sears Tolling Agreement and authorize the City Attorney to sign the Agreement on behalf of the City. Councilmember Ryan stated he was encouraged to hear that the parties are approaching an agreement and would like to give Sears the benefit of the doubt and not impugn their motives. He noted the Tolling Agreement will give Sears and Gatlin Development the opportunity to come to agreement and, in that spirit, he will support execution of the Agreement. Councilmember Roche stated that he is both uncomfortable and frustrated with Sears but would support the motion on the floor. He expressed concern that this situation has resulted in a "Wag the Dog" scenario and he wanted partners to support building the community, not hold it back. Councilmember Kleven concurred with the comments of Councilmembers Lasman and Ryan. Motion passed unanimously. 10L APPLICATION AND PERMIT FOR TEMPORARY ON -SALE LIQUOR LICENSE SUBMITTED BY AFOAKOM USA, INC., FOR AN EVENT TO BE HELD AT MIRACLE EMPOWERMENT CENTER, 5801 JOHN MARTIN DRIVE, ON JUNE 24 AND JUNE 25, 2011 Mr. Boganey introduced the item and discussed the purpose of the proposed application and permit for a temporary on -sale liquor license. He recommended approval contingent upon resolution of parking, safety, and security issues to satisfy the requirements of the Police Department, Councilmember Lasman noted the close time is 2 a.m. and asked if the liquor license fee is higher. Mr. Boganey stated the ordinance may not allow an increased fee for a later closing time but if a higher fee can be charged, it will be collected. Councilmember Roche noted the last time there was an event at this location, it involved a police call. Mr. Boganey noted this is a different applicant and a condition of approval will assure adequate security. 05/23/11 -13- Councilmember Roche moved and Councilmember Lasman seconded to approve application and permit for Temporary On -Sale Liquor License submitted by AFOAKOM USA, Inc., for an event to be held at Miracle Empowerment Center, 5801 John Martin Drive, on June 24 and June 25, 2011, contingent upon resolution of parking, safety, and security issues to satisfy the requirements of the Police Department. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Kleven reported on her attendance at the following: • May 11, 2011, ribbon cutting ceremony for the newly renovated Panera Bread, Northwest Hennepin Services Council annual event honoring community partners, and then delivered welcome bags to new residents • May 12, 2011, Association for Responsible Management meeting and Planning Commission meeting • May 17, 2011, Orchard Lane Park neighborhood area meeting • May 20, 2011 golf tournament and fundraiser at Centerbrook Golf Course for the Crime Prevention Program Councilmember Ryan reported on his attendance at the following: • May 12, 2011, meeting on Domestic Violence convened by the Chiefs of Police of Brooklyn Center and Brooklyn Park • May 17, 2011, Orchard Lane Park neighborhood area meeting Councilmember Roche reported that some Brooklyn Center baseball games have been postponed due to the rain and on his coaching of the Brooklyn Center Angels. Councilmember Roche stated it was great to see so many participants enjoying the Brooklyn Center Centennial 5k race /walk and announced the June 11, 2011, Victory Memorial Drive rededication ceremony, noting it commemorates the 568 soldiers and nurses from Hennepin County who died in World War I. Councilmember Lasman reported on her attendance at the following: • May 11, 2011, Crime Prevention Program where a report was given by the Police Chief on reduced crime rates and focus on domestic abuse • May 17, 2011, Orchard Lane Park neighborhood meeting • May 18, 2011, North Metro Mayor's meeting at Earle Brown Heritage Center • May 20, 2011, Brooklyn Center Golf Tournament where she volunteered and thanked all sponsors and participants • May 21, 2011, Shingle Creek Restoration Project and thanked all who volunteered Councilmember Lasman announced that on July 16, 2011, Centerbrook Golf Course is offering Centennial Saturdays with reduced golf and food rates. In addition, on Father's Day dads can golf for free with a regular priced round. Mayor Willson reported on his attendance at the following: 05/23/11 -14- • May 17, 2011, Orchard Lane Park neighborhood meeting and indicated he received great comments on staff's presentation. 12. ADJOURNMENT Councilmember Roche moved and Councilmember Ryan seconded adjournment of the City Council meeting at 9:34 p.m. Motion passed unanimously. 05/23/11 -15- 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 Regular Session of the City Council of the City of Brooklyn Center held on May 23, 2011. 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 June 13, 2011, Regular Session. City Clerk Mayor 05/23/11 -16-