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Home My WebLink About2011 09-12 CCM Study 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 STUDY SESSION SEPTEMBER 12, 2011 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:05 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, Timesaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lasman requested discussion on Item 6d, An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing; Adding Brewer Taproom License, and asked whether it should be removed from the Consent Agenda so the public is aware the City is working on the Surly Brewery matter. It was the majority consensus of the City Council to remove Item 6d from the Consent Agenda. Councilmember Lasman requested discussion on Item 6f, Resolution Authorizing Execution of a Professional Services Agreement, Brooklyn Boulevard Corridor Study, in particular how the rates from the other firms compared. Public Works Director /City Engineer Steve Lillehaug explained that staff collected, evaluated and ranked proposals from three consultants, Bolton & Menk, Inc., WSB and Associates, Inc., and SRF Consulting Group, Inc. After review of the proposals, staff realized the Brooklyn Boulevard Corridor Study could be pared down with the City taking over some of the mailings /management and Hennepin County providing additional traffic data. Mr. Lillehaug stated the three proposals were separated by less than $30,000 so staff did not put much factor on the cost and is recommending SRF Consulting Group. Councilmember Lasman requested discussion on Item 9a, Planning Commission Application No. 2011' 06 submitted by Loren Van Der Slick (Gatlin Development), and asked whether a walking corridor would be incorporated into Shingle Creek Crossing. She noted the developer had used that feature as a "warm fuzzy" because he had seen people walking at Brookdale. City Manager Curt Boganey explained that will not be known until the tenants are secured and their requirements determined. He agreed that feature was the developer's initial vision but the 09/12/11 -1- project needs to respond to the market place. The Council discussed the PUD amendment and acknowledged that a different configuration for the food court may be driven by tenant needs and desire for flexibility. Councilmember Ryan requested discussion on Item 9b, Planning Commission Application No. 2011 -07 submitted by Carlein Cloutier. He commented that citizens may feel it is inequitable to impose a requirement to remove the accessory structure and the difficulties the City would face if the Council favored the variance. Councilmember Kleven explained why she intended to support the variance request as recommended by the Planning Commission. Councilmember Lasman stated in the final analysis Council Members should vote as they think correct. She indicated she understands Councilmember Kleven's position, empathizes with the applicant, and stated why she intended to not support the variance request. MISCELLANEOUS Councilmember Lasman asked for clarification on the ordinance relating to snow emergencies when a car is parked on the street. Assistant City Manager /Director of Building and Community Standards Vickie Schleuning and Mr. Lillehaug provided an explanation of the parking restrictions and State Statute. Councilmember Lasman advised of a citizen request for additional golf course promotions. Mr. Boganey stated it is a balancing act with doing promotion in a cost effective manner and being addressed by staff. Councilmember Lasman complimented Mr. Lillehaug's staff on the great job in the Palmer Lake East project area. Councilmember Lasman asked if the Farmer's Market has to pay the $30 fee per event. Mr. Eitel stated an administrative use permit is $50 for a 10 -day permit or $25 /weekend. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS RESIDENTIAL DRIVEWAY STANDARDS Councilmember Lasman presented a resident suggestion that a standard be set for foreclosed properties relating to the condition of the driveway. She explained this resident lives next door to a foreclosed property that was purchased for investment and while the interior was updated to meet Code standards, the driveway was only partially repaired and then sealcoated. Councilmember Lasman noted the Council previously considered whether standards should be required for driveways but, at that time, it was the popular opinion that it would be costly and a hardship for some residents. She clarified the suggestion for a driveway standard relates only to properties purchased for investment (rehab and resale for a profit). Mayor Willson stated the driveway would not have to be blacktop or concrete but could be crushed gravel to a certain depth. He noted a new family purchasing a foreclosed house may prefer to use its dollars for furnace or air conditioner instead of a driveway. He asked if the 09/12/11 -2- City would rather have properly working mechanical equipment and interior issues addressed or a nice driveway. Councilmember Lasman clarified the driveway standard would apply only when a house is purchased as an investment to be rehabilitated and resold. In addition, the driveway would not have to be asphalt or concrete but repaired to the level set by the Council. Mayor Willson felt it was the prerogative of the investor and he was hesitant to consider driveway standards over and above what is already in place. In addition, such a standard should apply to all, which may impact homes of the elderly. Councilmember Lasman stated she would not support a City -wide regulation and is only suggesting a driveway standard that is tightly focused on homes purchased for investment. She explained she wanted to bring this resident's suggestion forward but it may not be supported by a majority of the Council. Councilmember Ryan stated he appreciated the spirit in which this suggestion was brought forth but questioned whether a repair standard could be considered for one owner and not applied to all owners. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Kleven seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Study Session at 6:53 p.m. Motion passed unanimously. RESIDENTIAL DRIVEWAY STANDARDS — CONTINUED Councilmember Lasman polled the Council whether the City Attorney should be asked to look at the legality of the question raised by Councilmember Ryan. Councilmember Kleven supported a driveway standard if it could be applied to a select group (investment buyers). Mayor Willson stated he would not support a driveway standard for a select group because it is a "slippery slope" and the City has already addressed driveways that do not meet the minimum standard. 09/12/11 -3- Councilmember Ryan stated he would not be opposed to the City Attorney examining the issue to determine if the Council has an option for some limited action for a driveway repair standard. It was the majority consensus of the City Council to request the City Attorney to provide a recommendation on the City's ability to establish a minimum driveway repair standard on foreclosed homes purchased as an investment. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:56 p.m. Motion passed unanimously. 09/12/11 -4- 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 Study Session of the City Council of the City of Brooklyn Center held on September 12, 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 September 26, 2011, Regular Session. City Clerk Mayor 09/12/11 -5-