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HomeMy WebLinkAbout2012 09-24 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 SEPTEMBER 24, 2012 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, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Deputy Director of Building and Community Standards Jesse Anderson, 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. No one wished to address the City Council Councilmember Kleven moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION As the invocation, Councilmember Lasman recited the `Boardmember's Prayer." 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, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and 09/24/12 -1- Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Deputy Director of Building and Community Standards Jesse Anderson, 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 Kleven seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Regular Session minutes of September 10, 2012, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. September 10, 2012—Study Session 2. September 10, 2012—Regular Session 6b. LICENSES MECHANICAL Albrecht Sign Company, Inc. 7775 Main Street NE, Fridley Forced Air One 6768 158th Lane NW, Ramsey General Sheet Metal Company 2330 Louisiana Avenue N., Minneapolis Perfection Heating and Air 1770 Gervais Avenue, Maplewood Ray Vinzant Plumbing 1541 Carroll Avenue, St. Paul RENTAL INITIAL (TYPE III—one-year license) 5101 Xerxes Avenue N. Dion Ramsey INITIAL (TYPE 11—two-year license) 5556 Emerson Avenue N. Cory Jensen RENEWAL (TYPE III—one-year license) 1510 69h Avenue N. Troy Pullis RENEWAL (TYPE II—two-year license) 6769 Humboldt Avenue N. Li-Chwen Su 5308 Lilac Drive N. Paul Baird 6e. 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 09/24/12 -2- COMPANY, 4811 DUSHARME DRIVE, BROOKLYN CENTER, ON OCTOBER 28,2012 6d. RESOLUTION NO. 2012-126 AUTHORIZING THE COMMUNITY ACTIVITIES, RECREATION AND SERVICES DEPARTMENT TO APPLY FOR GRANT FUNDING THROUGH THE HENNEPIN YOUTH SPORTS PROGRAM 6e. AMEND 2012 CITY COUNCIL MEETING SCHEDULE TO ADD SPECIAL BUDGET WORK SESSIONS Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS —None. 8. PUBLIC HEARINGS 8a. PLANNING COMMISSION APPLICATION NO. 2012-017 SUBMITTED BY OMAR ABUISNAINEH, A REQUEST FOR PLANNED UNIT DEVELOPMENT APPROVAL FOR THE REZONING OF CERTAIN PROPERTIES FROM Cl (SERVICE/OFFICE) DISTRICT AND C2 (COMMERCE) DISTRICT TO A NEW OVERALL PUD/C2 (PLANNED UNIT DEVELOPMENT/COMMERCE) DISTRICT, ALONG WITH A REVISED DEVELOPMENT/SITE PLAN APPROVAL OF A PARKING LOT EXPANSION TO A PROPOSED RESTAURANT USE, FOR THE PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF BROOKLYN BOULEVARD AND 691H AVENUE NORTH, AND ADDRESSED AS 6901 AND 6915 BROOKLYN BOLEVARD Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2012-017 for rezoning from C 1 and C2 to PUD/C2 and a new development/site plan of the subject site. It was noted the original development/site plan included the modification and addition of a new parking lot to the north of the existing commercial building site to accommodate 25 additional vehicle spaces. Mr. Benetti presented the updated development and site plans and advised the Planning Commission recommended approval of the applications at its August 16, 2012 meeting. He explained the Planning Commission, at its September 13, 2012, meeting reviewed the revised development and site plans and recommended approval. Councilmember Kleven moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. 09/24/12 -3- Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 1. ORDINANCE NO. 2012-05 AMENDING CHAPTER 3� OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND GENERALLY LOCATED IN THE NORTHWEST QUADRANT OF THE CITY LOCATED AT 6901 AND 6915 BROOKLYN BOULEVARD It was noted this ordinance was first read on August 27, 2012; published in the official newspaper on September 6, 2012; and, is offered this evening for second reading and Public Hearing. Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2012-05 Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land Generally Located in the Northwest Quadrant Section of the City of Brooklyn Center, located at 6901 and 6915 Brooklyn Boulevard. Motion passed unanimously. 2. REVISED DEVELOPMENT/SITE PLAN APPROVAL OF A PARKING LOT EXPANSION TO A PROPOSED RESTAURANT USE FOR THE PROPERTY ADDRESSED AS 6901 AND 6915 BROOKLYN BOULEVARD The City Council commended the new owners for working with the City to address its concerns. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the revised Development/Site Plan of the Parking Lot Expansion to the proposed Restaurant Use for the property addressed as 6901 and 6915 Brooklyn Boulevard. Motion passed unanimously. 8b. CONTINUED SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS AND ADMINISTRATIVE FINES/CITATION COSTS City Manager Curt Boganey introduced the item, noting the Public Hearing had been held on September 10, 2012, during which many residents appealed the proposed assessments. The City Council continued the Public Hearing on those specific properties and directed staff to investigate each of the appeals. The action before the City Council is to reopen the Public Hearing, accept additional input, and take action on certification of the assessments. Councilmember Kleven moved and Councilmember Myszkowski seconded to re-open the Public Hearing. 09/24/12 -4- Motion passed unanimously. Darnell Williams, 6006 Camden Avenue N., stated he purchased the home on December 21, 2011, with an FHA loan and was not aware of the items that needed to be fixed at the time of purchase. He explained he has now fixed everything needed to get the house ready to live in and the City inspector has indicated he is making progress. He confirmed he is the official owner of record and received notices from the City. Mr. Williams stated everything is being worked on and while he cannot afford to pay the mortgage and also make the repairs, all items needed to make the house livable are done. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning provided a special assessment summary and described general considerations of appeals. She presented the appeal statement and findings for 6006 Camden Avenue and recommendation that the full amount be specially assessed. The City Council indicated it is required to uphold the City's ordinances. It was explained the reasoning behind the ordinance is to assure properties are kept to a certain standard and the fines escalate upon noncompliance to encourage compliance. Councilmember Lasman moved and Councilmember Myszkowski seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 6006 Camden Avenue N. to the Hennepin County tax rolls. Mr. Boganey noted the record shows the property was initially vacant and required certain improvements and inspection prior to re-occupancy. However, it was reoccupied in violation of the City's ordinance. He explained the citation notice informs the property owner of the appeal process but the citations had not been appealed. The City Council acknowledged the record for 6006 Camden Avenue N. shows consistent failure to address serious life, health, and safety issues, resulting in excessive fines. Motion passed unanimously. Magdaline Opare-Addo, 5725 Emerson Avenue N., stated she is the owner but letters went to Robert Durant so she did not receive anything until a mailed certified notice. At that point, she called the City and was told the violation was on the garage, which was painted according to the ordinance. She asked the City Council to remove this assessment. The City Council reviewed the property record and noted citations had been issued over a two- month period prior to the garage exterior being brought into compliance. Councilmember Lasman moved and Councilmember Myszkowski seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 5725 Emerson Avenue N. to the Hennepin County tax rolls. Motion passed unanimously. 09/24/12 -5- No one appeared to address 5650 Humboldt Avenue N. Councilmember Kleven moved and Councilmember Myszkowski seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 5650 Humboldt Avenue N. to the Hennepin County tax rolls. Motion passed unanimously. Trung Duong, 1425 55th Avenue N., explained he lives in Coon Rapids and sometimes does not get his mail because there is a similar property address. Because of that, he did not receive the violation letters and only received the letter about the fine. At that time, he called the City and completed the paperwork but then there was a problem with the Police Department conducting the security inspections because of a vacation. He stated he filed an appeal and asked the City Council to remove the fines. Ms. Schleuning presented the appeal statement and findings for 1425 55 th Avenue N. and recommendation that the $105 be specially assessed to the Hennepin County tax rolls and that the owner contact staff immediately to reschedule the appeal hearing to address the $1,000 citation issued August 16, 2012. It was noted that if needed, the remaining citations will be considered during next year's assessment Public Hearing. Councilmember Lasman moved and Councilmember Ryan seconded to find that City staff has followed the ordinance requirements and to certify a $105 assessment for 1425 55,' Avenue N. and advise the property owner to resolve the mail problem to assure receipt of legal notices. Motion passed unanimously. No one appeared to address 5524 Judy Lane. Councilmember Kleven moved and Councilmember Myszkowski seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 5524 Judy Lane to the Hennepin County tax rolls. Motion passed unanimously. Brian Krohn, 5924 Abbott Avenue N., stated he has been working on projects the inspector cited for repairs. At this point, he is finishing painting the house and there are several other smaller projects that need to be completed. He indicated he is on a budget and doing the best he can. Ms. Schleuning presented the appeal statement and findings for 5924 Abbott Avenue N. and recommendation that the full amount be specially assessed. She suggested Mr. Krohn meet with staff to address on-going compliance. Councilmember Lasman moved and Councilmember Myszkowski seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 5924 Abbott Avenue N. to the Hennepin County tax rolls. 09/24/12 -6- The City Council explained it has a duty to assure special assessments for nuisance abatement actions are in conformance with the substance and intent of the ordinance and consistently applied because to do otherwise may result in making the ordinance invalid. Motion passed unanimously. Reyes Colin Sanchez, 5843 Ewing Avenue N., explained that he purchased the house with his cousin who later moved out. Because his cousin's name was listed first, the City's citation notices were sent him. Mr. Sanchez stated he is now the owner of record through a quitclaim action and as soon as he became aware of the violations, had fixed everything. Ms. Schleuning presented the appeal statement and findings for 5843 Ewing Avenue N. and recommendation that the full amount be specially assessed. Councilmember Myszkowski moved and Councilmember Lasman seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 5843 Ewing Avenue N. to the Hennepin County tax rolls. Motion passed unanimously. Tabith Monari, 6024 Halifax Place, explained they had purchased a vehicle to start a business of home care but were unable to start the business due to financial losses. She reviewed their unsuccessful effort to donate the vehicle and resulting delay in towing the vehicle from the property. Ms. Monari stated she had requested a time extension. Ms. Schleuning presented the appeal statement and findings for 6024 Halifax Place and recommendation that the full amount be specially assessed. She explained if a property owner does not understand the citation, a verbal notice is provided to assure it is clear. Ms. Schleuning stated the City has no record of an extension request between the two citations and if such a request had been received, it would have been noted in the record. Councilmember Myszkowski moved and Councilmember Ryan seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 6024 Halifax Place to q Y the Hennepin County tax rolls. Motion passed unanimously. Vadim Komisarchiky, property manager of 5349 Sailor Lane, stated this property was issued an administrative citation for not providing monthly reports as required by the Mitigation Plan. He suggested the language of the Mitigation Plan is ambiguous, noting when the date is asked for when repairs are made it is not clear whether that date will be a requirement or considered an estimate. In addition, the Mitigation Plan does not specify the date that the monthly report is due or what it should"look like." Mr. Komisarchiky stated he had to specifically ask staff of the date the report is due and how the report was to be communicated. 09/24/12 -7- Councilmember Lasman moved and Councilmember Ryan seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 5349 Sailor Lane to the Hennepin County tax rolls. The City Council indicated Mr. Komisarchiky should resolve this issue by working with City staff. Mr. Boganey stated staff is prepared to answer property owner inquiries. The City Council asked staff to review the language and determine whether it contained ambiguity relating to the reporting process. Mr. Komisarchiky stated he did not have the opportunity to appeal the citation and staff had indicated tonight was his only opportunity to make an appeal. Mr. Boganey clarified that tonight is the first opportunity to appeal the assessment but not the first time to appeal the citation. He indicated that the citation includes information in how to appeal the citation. Motion passed unanimously. Sia Yee Vue, 4950 Abbott Avenue N., stated he is a first-time homeowner and explained the property contained three accessory buildings at the time of purchase. He explained he had only parked on the grass for ten hours and was also being cited for his pet birds. Mr. Vue stated he had appealed all three citations. Ms. Schleuning presented the appeal statement and findings for 4950 Abbott Avenue N. and noted all three citations were appealed. She reviewed the determination by the hearing officer and recommended that the full amount be specially assessed. Mr. Vue stated he has a big family with more than six vehicles. He asked what he can do since vehicles are ticketed if parked in the yard or on the street. Mayor Willson stated the City's ordinances do not allow parking on unimproved surfaces and Mr. Vue will have to resolve that issue to assure he is not cited again. The City Council indicated it is confident with the decisions reached by the appeal hearing officer to resolve code issues. Councilmember Lasman moved and Councilmember Myszkowski seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 4950 Abbott Avenue N. to the Hennepin County tax rolls. Motion passed unanimously. Elizabeth Becht, 4718 Twin Lake Avenue, explained they had placed a truck topper on the gravel driveway alongside the garage while constructing a retaining wall. This allowed them to use the truck to haul gravel and rocks needed for the wall. Because the wall took longer to construct than anticipated, she had called City staff several times to ask for an extension. Each time, she had been told it would not be a problem. However, she then received a citation of $250. Ms. Becht stated this all occurred over a year ago and she had not kept notes about her 09/24/12 -8- calls to staff. She stated they were making improvements to address erosion and did not think the citation should be assessed. The City Council asked whether the topper could have been stored in the garage or at another location. Ms. Becht explained that vehicles are in the garage of this rental property and it was more convenient to have the topper at this location. The City Council asked whether the driveway alongside the garage meets ordinance requirements. Ms. Schleuning displayed a picture of the subject site, noting there is grass and weeds growing around the topper, which were in violation but not cited. Councilmember Myszkowski moved and Councilmember Lasman seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 4718 Twin Lake Avenue to the Hennepin County tax rolls. Motion passed unanimously. Rodney Jansen, 2560 Lakewood Lane, Mound, stated he purchased 7106 Halifax Avenue N. in June of 2010 on a contract for deed. In June of 2012, the contract was canceled and the people moved out. Mr. Jansen stated he then got a letter about fines for violations and immediately called the City. The City informed him that the previous owners had been getting continuing violation notices. Mr. Jansen stated he made the repairs as soon as he became aware of them. City Attorney LeFevere responded to the City Council's questions relating to the responsibilities under a contract for deed when the purchaser fails to perform and the property reverts to the original owner. It was noted that in this case, Mr. Jansen reclaimed the property and the liens go with the property. Councilmember Ryan moved and Councilmember Myszkowski seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 7106 Halifax Avenue N. to the Hennepin County tax rolls. Motion passed unanimously. No one appeared to address 7164 Unity Avenue N. Mayor Willson noted staff's recommendation is to dismiss the full amount of special assessments because the citation notices may not have been sent to the property owner's address in Florida. Councilmember Ryan moved and Councilmember Lasman seconded to approve City staff recommendation and dismiss the special assessments on 7164 Unity Avenue N. Motion passed unanimously. No one appeared to address 6106 Quail Avenue N. 09/24/12 -9- Councilmember Kleven moved and Councilmember Lasman seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 6106 Quail Avenue N. to the Hennepin County tax rolls. Motion passed unanimously. No one appeared to address 6753 Humboldt Avenue N. Councilmember Lasman moved and Councilmember Myszkowski seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 6753 Humboldt Avenue N. to the Hennepin County tax rolls. Motion passed unanimously. No one appeared to address 6765 Humboldt Avenue North. Councilmember Lasman moved and Councilmember Myszkowski seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 6765 Humboldt Avenue N.to the Hennepin County tax rolls. Motion passed unanimously. No one appeared to address 2906 66th Avenue N. Councilmember Myszkowski moved and Councilmember Ryan seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 2906 6e Avenue N. to the Hennepin County tax rolls. Motion passed unanimously. No one appeared to address 1320 68th Lane N. Councilmember Ryan moved and Councilmember Lasman seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 1320 68th Lane N. to the Hennepin County tax rolls. Motion passed unanimously. Glenn Oltman, 6407 Fremont Avenue N., reviewed the citations received for a flat vehicle tire and stated he had installed a privacy fence in the hope of resolving some issues with his neighbor. Mayor Willson asked Mr. Oltman to address the citations for no garbage service. Mr. Oltman stated the property has garbage service through Aspen Waste Systems and he has a copy of the bill. Mayor Willson asked Mr. Oltman if he can provide documentation from February 2012 and 09/24/12 -10- March 2012. Mr. Oltman stated he just returned from being out of town and only brought a copy of the most recent bill. He stated he has documentation at home for the other bills and prior to Aspen Waste Systems had used BFI or Waste Management for garbage service. Mr. Oltman stated his opinion that the violations are bogus should not be assessed against his property. Mr. Boganey noted in July of 2011, when the property was cited for a flat tire, it was also cited for expired vehicle license tabs. Mr. Oltman stated he received one notice of expired tabs and another time when he had already purchased the license tabs, which he thinks was in July of 2011. The City Council reviewed the property report and noted discrepancies between the written record and comments by Mr. Oltman. Mr. Oltman stated the first garbage company was picking up his garbage even though he did not pay the bill, which may be why they did not think he had service. Councilmember Ryan moved and Councilmember Lasman seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 6407 Freemont Avenue N. to the Hennepin County tax rolls. Mayor Willson explained that with the lack of any documentation to substantiate Mr. Oltman's claims of having garbage service,the City Council has no recourse but to follow the ordinance. Mr. Oltman asked about the flat tire citation, noting he had appealed that citation and went to a hearing last year. At the hearing, he presented a receipt for the tabs on that vehicle and it was proven to be the tabs for that vehicle. Ms. Schleuning clarified that item was considered and resolved at the August 24, 2012 hearing. The hearing officer dismissed $75 and stayed$50. Motion passed unanimously. No one appeared to address 6225 Bryant Avenue N. Councilmember Kleven moved and Councilmember Lasman seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 6225 Bryant Avenue North to the Hennepin County tax rolls. Motion passed unanimously. Edwin Swaray, previous owner of 5405 Queen Avenue N., stated he did not object to the $700 abatement because he had delayed in taking action; however, has an issue with the two other assessments. Mr. Swaray explained he was cited for vacancy but his son was living in the property and going to school. The second assessment for $270 was sent to the new homeowner and then forwarded to him. The City Council clarified that the only assessment under consideration tonight is the $700 abatement. Mr. Swaray stated the $700 abatement is a legitimate citation and he would like to 09/24/12 -11- make arrangements to pay for it instead of having it certified to the property taxes of the new property owner. Councilmember Lasman moved and Councilmember Myszkowski seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 5405 Queen Avenue N. to the Hennepin County tax rolls. Ms. Schleuning advised there is time for Mr. Swaray to make payment on or before October 10, 2012. After that date, the total will be $740 and start to accumulate interest. Payment can be made up to November 29, 2012, when the amount is certified to Hennepin County for collection on the taxes. Motion passed unanimously. Courtney Thao Tran, 5836 York Avenue N., stated she purchased the house in May of 2012 and the assessment was from November 2011. She explained she had called the title company but they indicated she has to pay the bill. Ms. Thao Tran asked if the City Council can remove or lower this assessment. Mayor Willson advised that the City Council must uphold the ordinance and cannot lower the penalty. Councilmember Lasman moved and Councilmember Myszkowski seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 5836 York Avenue N. to the Hennepin County tax rolls. Motion passed unanimously. Cherzong Thao, 6525 Noble Avenue North, requested an explanation of the assessment. Mayor Willson described the $600 citation for a large amount of junk and trash in front of the house that had been abated by the City. Councilmember Myszkowski moved and Councilmember Ryan seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 6525 Noble Avenue N. to the Hennepin County tax rolls. Xa Xion 3107 65 h Avenue N. stated she purchased the property but left in 2009 when she Y g� � p P p Y could no longer afford it. Ms. Xiong stated the property did not go into foreclosure so she returned in March of 2012 and fixed up the house. She requested clarification on the citation and assessment that occurred when she was not living at the house. Mayor Willson described the $340 citation to remove rotting garbage from the property. Ms. Schleuning explained it may have involved illegal dumping; however, the City could not verify it. Mr. LeFevere noted that oftentimes property owners come to the hearing and feel, because a fine is being imposed, that they are being accused of wrongdoing. But, in many cases, the property owner had no knowledge of the violation, may not have owned the property at the time, or are 09/24/12 -12- doing the best they can do. He advised that the obligations run with the property and it does not reflect in any way on them personally. Councilmember Ryan moved and Councilmember Lasman seconded to find that City staff has followed the ordinance requirements and to certify the assessment for 3107 65`h Avenue N. to the Hennepin County tax rolls. Motion passed unanimously. Ms. Schleuning advised that no action is required on the following assessments: 5004 66th Avenue N.; 6200 Dupont Avenue N.; and, 6319 Perry Avenue N. There being no further appealed assessments to consider, Mayor Willson closed the Public Hearing. 1. RESOLUTION NO. 2012-127 CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-127 Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 2. RESOLUTION NO. 2012-128 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Lasman moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2012-128 Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2012-019 SUBMITTED BY LOREN VAN DER SLIK/GATLIN DEVELOPMENT. REQUEST FOR PLANNED UNIT DEVELOPMENT AMENDMENT (NO. 3) TO AMEND THE PREVIOUSLY APPROVED 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT Mr. Benetti provided an overview of Planning Commission Application No. 2012-019 for a Planned Unit Development (PUD) Amendment to the approved Shingle Creek Crossing PUD project. This request is the third amendment proposed under this PUD and would allow Building 09/24/12 -13- D to be expanded from 6,175 sq. ft. to 8,400 sq. ft., along with a drive-thru lane/pick-up window for the end-cap user of Building D. Mr. Benetti advised the Planning Commission considered this application at its September 13, 2012, meeting; however, recommended the allowance of Building D to expand but without the drive-thru lane/pick-up window improvements. The Planning Commission indicated the developer may request a similar style drive-thru lane under a future site plan review with a Special Use Permit, which is allowed or provided for under the current C2 (Commerce) district regulations. A friendly amendment to the original Planning Commission Resolution included a condition that the Developer would "improve pedestrian access from Bass Lake Road (County Road 10)to be reviewed as part of the final site plan process." Mr. Benetti answered questions of the City Council relating to adjustments in building size and need to assure safe pedestrian crossings while not encouraging "j-walking" across Bass Lake Road. 1. RESOLUTION NO. 2012-129 REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012- 019 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN DEVELOPMENT COMPANY) FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (NUMBER 3) TO THE 2011 SHINGLE CREEK CROSSING PUD Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-129 Regarding Recommended Disposition of Planning Commission Application No. 2012-019 Submitted by Loren Van Der Slik (for Gatlin Development Company) for a Planned Unit Development Amendment(Number 3)to the 2011 Shingle Creek Crossing PUD. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2012-011 SUBMITTED BY LOREN VAN DER SLIK/GATLIN DEVELOPMENT. REQUEST FOR PRELIMINARY PLAT APPROVAL OF SHINGLE CREEK CROSSING 2ND ADDITION, LOCATED IN THE SHINGLE CREEK CROSSING PUD PROPERTIES Mr. Benetti provided an overview of Planning Commission Application No. 2012-019 requesting Preliminary Plat approval of Shingle Creek Crossing 2nd Addition and described the new lot line locations. He advised the Planning Commission reviewed and unanimously recommended approval of the applications at its September 13, 2012, meeting. It was noted the final plat will be presented and considered under separate action by the City Council 1. RESOLUTION NO. 2012-130 REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012- 011 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN DEVELOPMENT COMPANY) A REQUEST FOR PRELIMINARY PLAT 09/24/12 -14- OF SHINGLE CREEK CROSSING 2ND ADDITION Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2012-130 Regarding the Recommended Disposition of Planning Commission Application N. 2012-011 submitted by Loren Van Der Slik (for Gatlin Development Company) for Preliminary Plat of Shingle Creek Crossing 2°d Addition. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6830 PERRY AVENUE NORTH Ms. Schleuning advised that 6830 Perry Avenue N. previously had a Type III one-year license. The property was inspected and 14 property code violations were cited and ultimately corrected. There has been one validated police incidents/nuisance calls within the last 12 months. This 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 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 address the City Council. Councilmember Kleven moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6830 Perry Avenue N.,with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR GEORGETOWN PARK TOWNHOUSES, 700-890 66TH AVENUE NORTH Ms. Schleuning advised that 700-890 66th Avenue N. (Georgetown Park Townhouses)previously had a Type II rental license. The property was inspected and 745 property code violations 09/24/12 -15- (8.098/unit) were cited and ultimately corrected. There have been 30 validated police incidents/nuisance calls within the last 12 months. This 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 capital improvement plan. She indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Scott Gann, property owner of 700-890 66th Avenue N. (Georgetown Park Townhouses), stated he is available to answer questions and wanted to be sure everything is approved. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. The City ouncil indicated staff had provided an exhaustive report so it felt confident it had the Y p p information needed to make a decision and that the licensee is working with staff and dealing with the outstanding issues. Motion passed unanimously. i seconded to approve the issuance of a Councilmember Ryan moved and Councilmember Lasman pp Type IV six-month provisional rental license and mitigation ation P lan for Georgetown Park townhouses, 700-890 66th Avenue N., with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Mayor Willson indicated he and Ms. Schleuning had met with both Georgetown Park Townhouse owners and received their commitment to work diligently on this property. The City Council indicated its appreciation to Mr. Gann for attending the meeting tonight and the owners' genuine effort to address capital improvements. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Lasman reported on her attendance at the following: • September 11, 2012, Firehouse Park Neighborhood Meeting • September 12, 2012, Shingle Creek Crossing Walmart Grand Opening • September 18, 2012, Brooklyn Boulevard Corridor Study Open House • September 19, 2012, Crime Prevention Meeting 09/24/12 -16- Councilmember Lasman thanked the Ahmadiyya Muslim Community and Police Department for sponsoring the September 21, 2012, blood drive and announced the Fire, Department Annual Open House at the West Fire Station on September 29, 2012. Councilmember Ryan thanked the Ahmadiyya Muslim Community for sponsoring the blood drive on September 21, 2012. He encouraged residents to become informed of the ballot, vote at the November 6, General Election, and described how to obtain an absentee ballot. Councilmember Kleven reported on her attendance at the following: • September 11, 2012, Firehouse Park Neighborhood Meeting • September 12, 2012, Shingle Creek Crossing Walmart Grand Opening • September 13, 2012, Planning Commission Meeting • September 14, 2012, Planted spring bulbs with local preschoolers at Hope Garden at North Memorial Hospice • September 18, 2012, Rotary Club Meeting • September 18, 2012, Brooklyn Boulevard Corridor Study Open House • September 18, 2012, Park and Recreation Commission Meeting • September 20, 2012, Brooklyn Center Women's Club Annual Book Sale Councilmember Kleven provided an update on Brooklyn Center housing sales in August. Councilmember Myszkowski reported on her attendance at the following: • September 12, 2012, Shingle Creek Crossing Walmart Grand Opening • September 14, 2012, Second Lady Jill Biden's speech at North Hennepin Community College • September 14, 2012, Tour of the new Community Emergency Assistance Program (CEAP) facility and Northwest Family Services Center • September 18, 2012, Brooklyn Boulevard Corridor Study Open House • September 18, 2012, Housing Commission Meeting • September 21, 2012, Participated in the blood drive Mayor Willson reported on his attendance at the following: • September 11, 2012, Firehouse Park Neighborhood Meeting • September 12, 2012, KARE 11 interview prior to the Shingle Creek Crossing Wal-Mart Grand Opening • September 13, 2012,County Board Meeting with Police Chief Benner;however, dispatch services had been pulled from the agenda • September 14, 2012, Meeting with Ms. Schleuning and the Georgetown Park Townhouse owners • September 20, 2012, Meeting with Mr. Boganey and Dr. McGuire of the Osseo School District • September 22, 2012, Meeting with Liberian Representatives as a follow up on the Sister Cities Program and recent visit of the Liberian Vice President and Ambassador to the United States 09/24/12 -17- • September 23, 2012, Meeting with Walmart shift manager who conveyed the store has been extremely busy so an additional 200 Associates will be hired Mayor Willson provided an update on the meeting he and Mr. Boganey held with Reverend Collins, who led the Liberian delegation, and the determination reached to accept a single recommendation from the Brooklyn Center Liberian community and the community in Liberia for the Sister City Program. Once additional detail and the recommendation are received, it will be formally considered by the City Council. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 10:24 p.m. Motion passed unanimously. 09/24/12 -18- 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 September 24, 2012. 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 October 8, 2012, Regular Session. jowk City Clerk Mayor 09/24/12 -19-