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HomeMy WebLinkAbout2011 09-12 CCM Regular SessionMINUTES 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 SEPTEMBER 12, 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, 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, Planning and Zoning Specialist Tim Benetti, 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. Diane Olson, 2712 O'Henry Road, informed the Council of a challenge in her neighborhood relating to the renter of 2701 O'Henry Road that has resulted in at least 25 calls to the Police Department. She urged the Council to not renew a rental license for this renter and asked for information relating to ways to help Section 8 homeowners become part of the community. Councilmember Lasman asked if the objection is with the person renting the property. Ms. Olson answered in the affirmative. Mayor Willson explained this matter will be taken under advisement by City staff and Ms. Olson can call City staff for answers to her questions or research the City's online ordinances. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:53 p.m. Motion passed unanimously. 2. INVOCATION 09/12/11 -1- Councilmember Ryan requested a moment of silence and personal reflection in observance of the tenth anniversary of 9/11 and those who serve in our armed forces across the globe to keep us safe. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. 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, Planning and Zoning Specialist Tim Benetti, 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 remove Item 6d, An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing; Adding Brewer Taproom License, from the Consent Agenda for consideration as Item 10e, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. August 15, 2011 — Joint Work Session with Financial Commission 2. August 22, 2011 — Study Session 3. August 22, 2011 — Regular Session 4. August 22, 2011 — Work Session 5. August 29, 2011 — Joint Work Session with Financial Commission 6b. LICENSES MECHANICAL 3 -D Heating and Air Air & Furnace Care Aspen Air Heating & Cooling Elite Contractors Sabre Plumbing Heating & A/C Schwantes Heating and Air 09/12/11 -2- 7674 Meridian Avenue S., Montrose 4101 93rd Avenue N., Brooklyn Park 308 15th Street SW, Forest Lake 4954 170th Lane NW, Andover 15535 Medina Road, Plymouth 6080 Oren Avenue N., Stillwater Wolgast Plumbing & Heating 12618 303rd Avenue, Princeton RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE III — one-year license) 6769 Humboldt Avenue N. INITIAL (TYPE II - two-year license) 4101 61St Avenue N. 1312 68th Lane N. 6700 Bryant Avenue N. 5843 Halifax Avenue N. 4201 Lakeside Avenue N. #209 5541 Morgan Avenue N. 5330 Newton Avenue N. 7156 Unity Avenue N. RENEWAL (TYPE III — one-year license) 1600 71st Avenue N. 6757 Humboldt Avenue N. RENEWAL (TYPE II — two -year license) 509 61st Avenue N. 4000 61st Avenue N. 5706 Camden Avenue N. 5408 Colfax Avenue N. 5137 -39 France Avenue N. 7219 June Avenue N. RENEWAL (TYPE I — three-year license) 5547 Lyndale Avenue N. Riverwalk I 5301 Russell Avenue N. Sommerset Place Apts. 2801 63rd Avenue N. 2806 65th Avenue N. 1335 67th Lane N. 1338 67th Lane N. 4700 68th Avenue N. 3819 Burquest Lane 5930 Camden Avenue N. 5214 Drew Avenue N. 6910 France Avenue N. 5508 Fremont Avenue N. 6835 Fremont Place N. 6349 Halifax Drive. 5618 Hillsview Road 09/12/11 -3- Li -Chwen Su Long Xiong Konrad Wagner Scott Poppenhagen Ebassa Berhanu Robert Morgan Yang Yang Zheng Jamison Kohout Michelle Shaffer Pavel Sakurets Saleem Raza Tim Daniel Jacob Devney Christian Restoration Services Sufeng Zheng Matthew May Christian Restoration Services Dragon Property Management Nedzad Ceric Thomas Bennett A -Jelil Abdella Dennis & Shannon Dane Norma Simmonds Chufeng Xiong Amir Chaboki Matthew Joseph Paris and Nicole Fadden Sufeng Zheng Charles Jing Bright Leslie Reynolds Charles Jing Bright Nita Morlock 5527 Humboldt Avenue N. 7024 Oliver Circle 6700 Toledo Avenue N. 6006 Zenith Avenue N. Michael McAlpin Juliana Koe Trenton Potter Keith McConnell 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 OCTOBER 22, 2011 6d. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE OF ORDINANCES RELATING TO LIQUOR LICENSING; ADDING BREWER TAPROOM LICENSE This item was removed from the Consent Agenda and considered as Council Consideration Item 10e. 6e. RESOLUTION NO. 2011 -118 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 6f. RESOLUTION NO. 2011 -119 AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT, BROOKLYN BOULEVARD CORRIDOR STUDY 6g. RESOLUTION NO. 2011 -120 APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NO. 2011 -16, CONTRACT 2010 -I, SHINGLE CREEK RESTORATION IMPROVEMENTS Motion passed unanimously. 7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS - None. 8. PUBLIC HEARINGS 8a. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT ACCOUNTS City Manager Curt Boganey introduced the item, stated the notice of Public Hearing has been published, and the purpose of the proposed resolutions to certify costs to Hennepin County. 1. RESOLUTION NO. 2011 -121 CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS Assistant City Manager/Director of Building and Community Standards Vickie Schleuning presented the special assessments under consideration for nuisance abatement costs and 09/12/11 -4- explained the updated assessment roll includes costs for the capital interest and special assessment charges. It was noted a due process is available for residents to appeal to a third party hearing officer. Councilmember Kleven moved and Councilmember Lasman seconded to open the Public Hearing. Motion passed unanimously. No one appeared to speak. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan, seconded to approve RESOLUTION NO. 2011 -121 CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS. Motion passed unanimously. 2. RESOLUTION NO. 2011 -122 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE VACANT BUILDING REGISTRATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Ms. Schleuning presented the special assessments under consideration for administrative vacant building registration costs and noted there are two properties recommended to be specially assessed. Councilmember Lasman moved and Councilmember Ryan, seconded to open the Public Hearing. Motion passed unanimously. No one appeared to speak. Councilmember Lasman moved and Councilmember Kleven seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011 -122 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE VACANT BUILDING REGISTRATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS. Motion passed unanimously. 09/12/11 -5- 3. RESOLUTION NO. 2011 -123 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES /CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Ms. Schleuning presented the special assessments under consideration for administrative fines /citation costs. She described the notification process used for violations and options of the property owner to correct the violation and pay the fine or appeal to a hearing officer. Mayor Willson noted that Robert Batta, 5655 Brooklyn Boulevard, has filed an appeal. City Attorney Charlie LeFevere advised the Council can amend the assessment roll to remove this property and allow for staff research and recommendation. Councilmember Lasman moved and Councilmember Ryan seconded to remove 5655 Brooklyn Boulevard from the assessment roll for further staff research. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Mr. Osonowo, 2318 55 Avenue N., stated he received a letter from the City three weeks ago for a $250 assessment and had called the City office to ask what it was for. He indicated he did not receive a notice that he had to pay a fine and was told to come tonight to appeal the fine. Councilmember Ryan moved and Councilmember Lasman seconded to remove 2318 55th Avenue North from the assessment roll for further staff research. Motion passed unanimously. Mr. LeFevere recommended the Council continue the Public Hearing on 5565 Brooklyn Boulevard and 2318 55fih Avenue North to the September 26, 2011, meeting. Councilmember Lasman moved and Councilmember Ryan seconded to continue the Public Hearing for 5565 Brooklyn Boulevard and 2318 55th Avenue North to the September 26, 2011, meeting. Motion passed unanimously. Councilmember Kleven moved and Councilmember Lasman seconded to close the Public Hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2011 -123 Certifying Special Assessments for Administrative Fines /Citation 09/12/11 -6- Costs to the Hennepin County Tax Rolls, as Amended to Remove 5655 Brooklyn Boulevard and 2318 55t Avenue North from the assessment roll. Motion passed unanimously. 8b. CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Mr. Boganey introduced the item, stated the notice of Public Hearing has been published, and the purpose of the proposed resolution to certify costs to Hennepin County. 1. RESOLUTION NO. 2011 -124 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Director of Fiscal and Support Services Dan Jordet presented the special assessments under consideration for delinquent public utility service accounts. He noted when the City certified delinquent bills twice a year it found that 60 -70% of the names were on both lists so it was decided to certify only once in 2011. This resulted in lowering the number of accounts from 1,358 in 2010 to 693 in 2011 and a reduction in certified assessments from $436,720 in 2010 to $371,974 in 2011. The Council noted the service has been provided to the property and non - disputable given the ability of the City to track services rendered. Mr. Jordet concurred and noted the costs include provision of water that is metered; collection, transit, and treatment of sewage; collection of storm water; street lighting; and, recycling. The Council indicated it is good to see the trend that the number of accounts for collection has been reduced by almost one half. Councilmember Ryan moved and Councilmember Kleven seconded to open the Public Hearing. Motion passed unanimously. Frances Akindele, 6736 Colfax Avenue N., stated she received a letter about the hearing tonight but was not sure what it related to. She explained she has been unemployed since 2008 and does not have money to pay the cost. Mayor Willson explained this Public Hearing relates to public service utility accounts. Ms. Akindele stated she will refer to her letter and call City Hall. Councilmember Lasman moved and Councilmember Kleven seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2011 -124 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls. 09/12/11 -7- Motion passed unanimously. 8c. RESOLUTION NO. 2011 -125 VACATING CERTAIN EASEMENTS WITHIN LOT 10, BLOCK 2, SUNRISE MANOR; LOT 1, BLOCK 3, SUNRISE MANOR; TRACT B, REGISTERED LAND SURVEY NUMBER 370; TRACT A, REGISTERED LAND SURVEY NUMBER 1456; LOT 2, BLOCK 1, CHRYSLER REALTY ADDITION (LUTHER SITE), HENNEPIN COUNTY, MINNESOTA Mr. Boganey introduced the item and stated this is a Public Hearing to consider the vacation of certain easements for the Luther site redevelopment in connection with the final plat approval of Bri Mar Second Addition. Public Works Director /City Engineer Steve Lillehaug displayed a survey of the subject site and presented the request to vacate sanitary sewer easements that are no longer needed. He explained that two other easements for the traffic signal system on 68th Avenue N. will be retained at the County's request. Mr. Lillehaug indicated proper notice has been provided and no objections received. He recommended holding of the Public Hearing and adoption of the resolution subject to three conditions as identified in the staff report. Councilmember Kleven moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. No one appeared to speak. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2011- 125Vacating Certain Easements within Lot 10, Block 2, Sunrise Manor; Lot 1, Block 3, Sunrise Manor; Tract B, Registered Land Survey Number 370; Tract A, Registered Land Survey Number 1456; Lot 2, Block 1, Chrysler Realty Addition (Luther Site), Hennepin County, Minnesota. The Council noted that for some time this has been a challenging property and it supported moving forward with redevelopment by the Luther Companies. Staff was commended for its effort in this regard. Motion passed unanimously. 8d. RESOLUTION NO. 2011-126 VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 2, BLOCK 1, RAINBOWS GARDEN CITY ADDITION (AUTOZONE SITE), HENNEPIN COUNTY, MINNESOTA 09/12/11 -8- Mr. Boganey introduced the item and stated the Public Hearing has been published and the resolution was offered for adoption. Mr. Lillehaug presented the request to release and terminate previously platted drainage and utility easements and create new drainage and utility easements as part of the Rainbows Garden City Second Addition. He advised staff had received no objections and recommended the Council adopt the proposed resolution to vacate certain easements pertaining to the AutoZone site in connection with the final plat approval of Rainbows Garden City Second Addition subject to two conditions as detailed in the staff report. Councilmember Lasman moved and Councilmember Kleven seconded to open the Public Hearing. Motion passed unanimously. No one appeared to speak. Councilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011 -126 Vacating Certain Drainage and Utility Easements within Lot 2, Block 1, Rainbows Garden City Addition (AutoZone Site), Hennepin County, Minnesota. The Council acknowledged this is a challenging property and the action under consideration will allow it to be much more productive. Motion passed unanimously. 9. PLANNING' COMMISSION ITEMS 9a PLANNING COMMISSION APPLICATION NO. 2011 -016 SUBMITTED BY LOREN VAN, DER SLICK (GATLIN DEVELOPMENT COMPANY). REQUEST FOR PUD AMENDMENT TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT SUBMITTED BY LOREN VAN DER SLICK ON BEHALF OF GATLIN DEVELOPMENT, INC. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 25, 2011, MEETING. Planning and Zoning Specialist Tim Benetti displayed the approved 2011 Master Plan and provided an overview of Planning Commission Application No. 2011 -016 to amend the Planned Unit Development (PUD) of the previously approved Shingle Creek Crossing PUD redevelopment plans. Mr. Benetti stated the updated master plans illustrating this amendment were provided for the Council's consideration. He described the requested amendment elements: 09/12/11 -9- 1. The physical separation of the existing retail mall /food court building from the existing Sears retail store building; 2. The renovation/conversion of the Food Court mall building (common area) into retail space, which expands the net leasable retail area from 123,242 sq. ft. to 150,591 sq. ft; 3. The elimination of proposed Building N from the 2011 Shingle Creek Crossing PUD plan; 4. The expansion of the central parking area on Lot 2, Block 1 (Building N lot) which adds 103 parking stalls to serve the additional retail of the Food Court building; and 5. The addition of a 6,000 sq. ft. commercial pad site with 30 parking stalls labeled as Building R, located at the southeast comer of Xerxes Avenue /56th Avenue entrance along with a new 0.71 acre lot. Mr. Benetti displayed the Updated Master Plan and indicated the Council is being asked to approve these revisions under a PUD amendment. Mr. Benetti answered questions of the City Council regarding the request of Gatlin Development Company. He indicated the front entrance to Sears will remain off Xerxes and another entrance will be located in the northeast corner. Mr. Benetti explained that all site details such as pedestrian walkways and street lighting will be considered by the Planning Commission and City Council under the site plan review. Mr. Benetti advised of the consideration by the Planning Commission at its August 25, 2011, meeting and unanimous recommendation for approval of the application for only those changes pertaining to the added Site R, the deleted Site N, and the added separation on the north side of the Sears building, subject findings and conditions as detailed in the draft resolution. 1. RESOLUTION NO. 2011 -127 REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011- 016 SUBMITTED BY LOREN VAN DER SLICK (FOR GATLIN DEVELOPMENT COMPANY) Councilmember Kleven moved and Councilmember Ryan seconded to approve Planning Commission Application No. 2011 -127 Regarding Disposition of Planning Commission Application No. 2011 -016 Submitted by Loren Van Der Slick (For Gatlin Development Company). The Council indicated it is good to see another property being redeveloped and commended staff for the great job they are doing. Motion passed unanimously. 09/12/11 -10- 9b. PLANNING COMMISSION APPLICATION NO. 2011 -017 SUBMITTED BY CARLEIN CLOUTIER. REQUEST FOR A VARIANCE TO ALLOW MORE THAN TWO ACCESSORY STRUCTURES. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 25, 2011, MEETING. Mr. Boganey introduced the request of Carlein Cloutier for a variance to allow more than two accessory structures. Mr. Benetti provided an overview of Planning Commission Application No. 2011 -017 requesting a variance from Zoning Code Section 35 -530 submitted by Carlein Cloutier, on behalf of homeowner Debra New, 5731 Camden Avenue N. If approved, it would allow the continuation of more than two accessory structures on a single - family residential property. Mr. Benetti reviewed the language of Zoning Code Section 35 -350 and explained the attached garage is considered to be one accessory structure. The total area of accessory structures cannot exceed the footprint of the home. In this case the footprint of home is 975 sq. ft. and the existing attached garage is 528 sq. ft., leaving 447 sq. ft. of additional accessory space. It was noted that the smaller 10' x 14' shed was built in 1978 and the larger 12' x 20' shed was built in 1995- 1996. Ms. New purchased the property in 1998 after the two sheds were built. Mr. Benetti presented pictures of the two storage buildings and displayed the original site plan submitted with the 1995 building permit for the 12' x 20' shed that did not identify the existing 10' x 14' shed. It is not known why the building inspector at that time did not notice a shed already existed on this property. Mr. Benetti stated the applicant petitioned neighbors and displayed a slide identifying the subject site and those that signed the petition in support of the application. Mr. Benetti provided an explanation of the newly adopted State Statute relating to standards for variances. It was noted that staff recommended the application be denied based on the initial findings that the request was not necessarily unique; was in direct conflict with the general purpose and intent of the ordinance; could potentially disrupt the overall harmony of the neighborhood; and, establishes a wrong precedent. However, the Planning Commission, at its August 25, 2011, meeting, and after extensive debate on the merits and consequences of this variance, recommended approval on a 4 -2 vote with counter findings to staff's recommendation. The Planning Commission's recommendation to allow this variance was based on the hardship brought on by others (former landowner) and that this variance request is reasonable based on the current situation of the applicant and the apparent longevity of the sheds allowed by the City to remain in their current locations. Mr. Benetti explained, since variances run with the land, that it would be better to have a resolution on file to record against the property if the variance is approved. If the variance is denied, staff would also recommend a resolution format that includes findings. Councilmember Kleven stated the Planning Commission recommended approval at its August 25, 2011, meeting and she supports that recommendation because the problem was not 09/12/11 -11- caused by the current property owner, but by the previous property owner and City. She noted one shed was built in 1978, 33 years ago, and the applicant purchased the property in 1998. Councilmember Kleven noted that in 1995, the City Building Inspector came to the property to approve the second structure and she believed it was his responsibility to approve or deny that building permit. The City Building Inspector did not deny it. Councilmember Kleven stated there are two structures in many of the City's yards and this applicant went to the trouble to get a petition signed by neighbors who have no problem keeping the structures and support the variance. Councilmember Lasman commended the applicant's work to pursue resolution of this issue and stated these are the most difficult issues because there are two distinct sides. In this case, there is a clear violation of the ordinance but, on the other hand, the structures were there when this applicant purchased the property. Councilmember Lasman stated staff has explored the grandfathered possibility but that right is not applicable so a variance was sought. She noted the Planning Commission minutes indicate a resident had been required to remove a noncompliant structure and comply with the ordinance. Councilmember Lasman stated it is her opinion that it would not be fair to allow one resident to keep a noncompliant building when others were not allowed to do the same. She noted the standards under Minnesota Statute 462.357, Subdivision 6. Appeals and Adjustments, have not been met so she believed denial of the request is the appropriate action. Councilmember Lasman stated that as an elected official who has sworn to uphold the laws of Brooklyn Center and the State of Minnesota, she will vote for denial. Mayor Willson added that this consideration also establishes precedence for future requests. He indicated there is a clear violation of the ordinance and he was elected to uphold the ordinances within Brooklyn City, so he would vote for denial. Mayor Willson moved and Councilmember Lasman seconded to direct staff to draft a resolution denying a variance for Planning Commission Application No. 2011 -017 submitted by Carlein Cloutier to allow more than two accessory structures at 5731 Camden Avenue N., based on the findings as discussed. Councilmember Kleven voted against the same. Motion passed. 9c. PLANNING COMMISSION APPLICATION NO. 2011 -015 SUBMITTED BY SEARS ROEBUCK AND COMPANY. REQUEST FOR PUD AMENDMENT APPROVAL TO THE 1999 BROOKDALE MALL PLANNED UNIT DEVELOPMENT, BY INCORPORATING SIMILAR DEVELOPMENT STANDARDS APPROVED UNDER THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 25, 2011, MEETING. Mr. Boganey introduced the item and noted the Planning Commission recommended approval of this application at its August 20, 2011, meeting. 09/12/11 -12- Mr. Benetti provided an overview of Planning Commission Application No. 2011 -015 submitted by Sears requesting to amend the original 1999 Brookdale Mall PUD to have the same or similar adjustments approved to Gatlin Development Company under its approved Shingle Creek Crossing PUD. He presented the history and components of the 1999 Brookdale Mall plan, the May 23, 2011, Single Creek Crossing PUD (with the exception of the Sears lot), and Sears PUD amendment request as follows: 1. Allow parking for restaurant uses to be 10 parking spaces per 1,000 sq. ft. of area. 2. Allow a reduction from 57 -foot to 52.5 -foot wide dimensions for 60- degree parking. 3. Allow a zero foot lot line setback at the existing northeast corner to the Sears building. Mr. Benetti explained that as part of the Planning Commission consideration, Sears will be held to the original 1999 PUD plans until such time that Sears expands or redevelops the site under the new PUD or redevelopment plan. As a point of reference, Mr. Benetti presented the approved 1999 plans and explained that staff wants to assure cohesion between the Sears site and Shingle Creek Crossing. It was noted staff modified the original May 23, 2011, major access route plan to identify and include access routes through Sears property to assure routes are maintained throughout the site. Mr. Benetti displayed a diagram depicting the zero lot line setback along the north property line that accommodates Sears block wall at the loading dock. Mr. Benetti advised of the consideration by the Planning Commission, at its August 25, 2011, meeting, and recommendation for approval subject to certain findings and conditions as detailed in the draft resolution. Staff also added that approval provided Sears shall execute and provide a Declaration of Covenants and Restrictions Agreement in the form submitted to the Council subject to such changes, not affecting the substance of the Declaration, as approved by the City Attorney and City Manager. Mayor Willson noted Sears did not wish to be part of the Gatlin Development and asked why Sears, at this time, is requesting amendments instead of submitting an entire PUD. Mr. LeFevere explained that when the PUD was approved in 1999, it included both the Gatlin and Sears property, planned as a unit. However, once the PUD is approved, individual properties may be separately owned and individual lot owners may request amendments for their piece of the PUD. Mayor Willson asked if the Council would have the basis to deny future amendment requests. Mr. LeFevere advised that the Council had also considered a request by Gatlin to amend the PUD and the commonality between the two sites includes parking standard and to create consistent parking and drive aisles. 1. RESOLUTION NO. 2011 -128 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -015 SUBMITTED BY SEARS, ROEBUCK AND COMPANY Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011 -128 Regarding the Disposition of Planning Commission Application No. 2011 -015 submitted by Sears, Roebuck and Company. 09/12/11 -13- Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 6116 ALDRICH AVENUE NORTH Ms. Schleuning advised that 6116 Aldrich Avenue North was inspected and had no property code violations or validated police incidents /nuisance calls within the last 12 months. However, since the property owner advised staff on August 4, 2011, that he intended to sell the property, he did not meet other requirements of a Type IV license during the six month period. Those requirements included attendance at the Association of Responsible Management meetings, submission of monthly updates regarding the status of the Mitigation Plan, and completion of Phase II of the Crime Free Housing Program. The property owner then, on August 22, 2011, advised staff that the property had not sold as he hoped so he would be re- applying for a rental license. Therefore, according to City ordinance, the license renewal category remains a Type IV. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval of a Type IV six -month provisional rental license based on meeting standards in the mitigation plan. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one appeared to speak. Councilmember Lasman moved and Councilmember Kleven seconded to close the hearing. Motion passed unanimously. 1. RESOLUTION NO. 2011 -129 APPROVING A TYPE IV RENTAL LICENSE FOR 6116 ALDRICH AVENUE NORTH Councilmember Ryan moved and Councilmember Kleven seconded to approve RESOLUTION NO. 2011-129 Approving a Type IV Rental License for 6116 Aldrich Avenue North. Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 5807 DREW AVENUE NORTH Ms. Schleuning advised that 5807 Drew Avenue North was inspected and 20 property code violations were cited and ultimately corrected. There have been no validated police incidents /nuisance calls within the last 12 months. This property qualifies for a Type IV six- month provisional rental license based on the number of property code violations found during 09/12/11 -14- the initial rental license inspection. The property owner was also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval of a Type IV six -month provisional rental license based on meeting standards in the mitigation plan. Councilmember Ryan moved and Councilmember Kleven seconded to open the hearing. Motion passed unanimously. No one appeared to speak. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to approve a Type IV six- month provisional rental license and mitigation plan for 5807 Drew Avenue North with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10c. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 6234 BROOKLYN BOULEVARD Ms. Schleuning advised that 6234 Brooklyn Boulevard was inspected and 12 property code violations were cited and ultimately corrected. There has been one validated police incident/nuisance call within the last 12 months. This property qualifies for a Type IV six -month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval of a Type IV six -month provisional rental license based on meeting standards in the mitigation plan. Councilmember Ryan moved and Councilmember Kleven seconded to open the hearing. Motion passed unanimously. No one appeared to speak. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. 09/12/11 -15- Councilmember Ryan moved and Councilmember Kleven seconded to approve a Type IV six - month provisional rental license and mitigation plan for 6234 Brooklyn Boulevard with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10d. PRELIMINARY 2012 LEVY AND BUDGET Mr. Boganey introduced the item and explained each municipality is required by the State to adopt a maximum levy. Mr. Jordet described the history of this consideration and presented the preliminary 2012 General Fund Budget and Preliminary Property Tax Levy Payable in 2012. If was noted the levy results in an increase of $447,000 over 2011 or 2.3 %. Mr. Jordet and the Council discussed the impact of the shift in tax burden as a result of the Legislature eliminating market value homestead. Mr. Boganey clarified that under the old statute the theory was that homesteaded property owners, based upon the value of their homes, would pay less in property taxes than the amount the City would levy against those homesteaded properties and the State would reimburse the City for the difference. However, the State did not reimburse the City. The new law says homestead property owners, depending on the value of their homes, should continue to pay less than the City would levy against the properties but the State will not reimburse the City in order for those homestead owners to receive lower taxes. Instead, other property owners (commercial/ industrial/apartment owners) will pay for that credit. The Council acknowledged that even if the levy did not increase, there would still be an increase in taxes to non- homestead properties to make up that difference in what used to be the multivalue homestead credit. Mr. Jordet presented a chart depicting the estimated impact on property types (commercial/ industrial /residential) showing the trend of property taxes due to the Legislature's formula change and increase in the City's levy. 1. RESOLUTION NO. 2011 -130 APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE 2012 Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011 -130 Approving a Preliminary Tax Capacity Levy for the General Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for Property Taxes Payable 2012. 09/12/11 -16- The Council noted it had examined expenditures by department and staff worked diligently to reduce expenditures wherever possible to hold the line on property taxes. Motion passed unanimously. 2. RESOLUTION NO. 2011 -131 ADOPTING A PRELIMINARY BUDGET FOR THE 2012 FISCAL YEAR Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011 -131 Adopting a Preliminary Budget for the 2012 Fiscal Year. The Council noted the significant decrease in the Fire Relief Association and thanked the Fire Department for making good investments that resulted in lowering the City's contribution. Motion passed unanimously. 10e. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE OF ORDINANCES RELATING TO LIQUOR LICENSING; ADDING BREWER TAPROOM LICENSE Mr. Boganey introduced the item and reviewed the consideration by the State Legislature to amend the statute to allow for a brewer to apply for a taproom license to sell its brew on site. Unfortunately, it left out a provision for cities with a municipal liquor operation. Mr. Boganey explained that Surly Brewing would like to build a first class restaurant and expand its brewing operation. Adoption of the draft ordinance will allow for a brewery such as Surly Brewing to have a taproom license when they also have a restaurant. If adopted, staff will request authorization to pursue new legislation during the next session to allow Brooklyn Center to be on the same footing as other cities. The Council indicated its support for the draft ordinance and keeping Surly Brewing in Brooklyn Center. Councilmember Ryan moved and Councilmember Lasman seconded to approve First Reading of An Ordinance Amending Chapter 11 of the City Code of Ordinances relating to Liquor Licensing; Adding Brewer Taproom License and set second reading for October 10, 2011. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Kleven reported on her attendance at the following: • August 25, 2011, lunch at the Crowne Plaza where Representative Hilstrom spoke, Fast Signs open house and ribbon cutting, and the Planning Commission meeting • August 29, 2011, budget work session • September 6, 2011, budget work session 09/12/11 -17- • September 8, 2011, ARM meeting • September 11, 2011, participated in a parade in Osceola, Wisconsin Councilmember Kleven announced another new restaurant will be opening soon, the Ocean Buffet located at Bass Lake Road and Shingle Creek Parkway. She also announced that the last community gathering will be held on September 15th at Bellvue Park. Councilmember Ryan stated he will attend the September 15th community gathering at Bellvue Park for the neighborhood meeting. He stated he has been participating in the League of Minnesota Cities policy planning meetings and the concluding meeting will be held this week. Councilmember Ryan stated he will provide the Council with a report regarding their policy recommendations to the Legislature. Councilmember Lasman reported on her attendance at the following: • August 24, 2011, meeting with a police sergeant relating to neighborhood issues • August 27, 2011, Lao forum picnic joint consortium effort with the Brooklyn Park and Brooklyn Center Police Departments • August 29, 2011, budget work session • August 31, 2011, meeting with constituents on diversity issue concerns • September 6, 2011, last budget work session prior to adoption of the preliminary budget and levy Mayor Willson reported on his attendance at the following: • August 27, 2011, Lao community event • September 6, 2011 budget work session • September 9, 2011, stock car driver at the Shakopee Raceway for a local food shelf benefit 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 9:22 p.m. Motion passed unanimously. 09/12/11 -18- STATE OF MINNESOTA) COUNTY OF HENNEPIN) CITY OF BROOKLYN CENTER) ss. Certification of Minutes 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 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. AikAthadtPAt City Clerk Mayor 09/12/11 -19-