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HomeMy WebLinkAbout2018 07-09 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 JULY 9, 2018 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 Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Public Works Doran Cote, Community Development Director Meg Beckman, Planner and Zoning Administrator Ginny McIntosh, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Ralph Neinas, 3920 5211(1 Avenue N., addressed the City Council. He stated he is a 30-year resident and an active neighborhood resident. He described his encounter with Victory Tree Service, a tree trimmer hired by his neighbor who trespassed on his (Mr. Neinas') property and did over $2,000 of damage to his house. Mr. Neinas contacted City staff many times and thought the issue wasn't being addressed. He wanted to bring the issue to the City Council attention. Mayor Willson stated Mr. Boganey will research and investigate this case and get back to Mr. Neinas. Lennie Chism, P0 Box 581452, Minneapolis, addressed the City Council. He described the success of the first Saturday Pop-Up Market and stated the next event will be on August He thanked City Manager Boganey, City Attorney Gilchrist, and City staff for their hard work, noting the Jerry Food parking lot got a clean up and this is an opportunity to move forward. Roger Kloster, 7223 Lee Avenue N., addressed the City Council. He asked whether public comment will be heard during Agenda Item 8a relating to Council salaries. Mayor Willson answered in the affirmative. Mr. Kloster stated his frustration with the number of panhandlers within the City and applauded the City Council for their action to adopt an ordinance to address that issue. 07/09/18 -1- Mayor Willson closed the Informal Open Forum at 6:58 p.m. 2.INVOCATION Councilmember Lawrence-Anderson read a quote by Michael Jackson as the Invocation. 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 Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Public Works Doran Cote, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, City Attorney Troy Gilchrist, 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 Lawrence-Anderson moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.June 25, 2018 - Study Session 2.June 25, 2018 - Regular Session 3.June 25, 2018 —EDA 4.June 25, 2018—Work Session 6b. LICENSES GARBAGE HAULER Allied Waste Services of North America LLC Darling Ingredients, Inc. Farmers Union Industries LePage & Sons, Inc. MECHANICAL All appliance Installation Plus Anderson's Residential Heating 8661 Rendova St. NE, Circle Pines 9000382 nd Avenue, Blue Earth P.O. Box 26, Redwood Falls 23602 University Avenue NW, Bethel P.O. Box 133, Cambridge 1628 Cty Road 10 #34, Spring Lake Park 07/09/18 -2- Crown Mechanical 1-12C Inc. Heating Cooling & Plumbing Homeworks Plumbing, Heating Air Metro Heatings & Cooling LLC Owens Companies, Inc. Residential Heating and Air RENTAL INITIAL (TYPE III one-year license) 6816 Fremont Place North Beard Avenue Apartments 6101 Beard Avenue North INITIAL (TYPE I - three-year license) 1706 Amy Lane RENEWAL (TYPE III— one-year license) 6532 France Avenue North RENEWAL (TYPE 11—Iwo-year license) 3815 52nd Avenue North 150072 nd Avenue North 6831 Drew Avenue North 2331 Ericon Drive 2812 Ohenry Road RENEWAL (TYPE I— three-year license) 4806 69th Avenue North 4806 Howe Lane 5720 Logan Avenue North 6342 Orchard Avenue North 6700 Perry Avenue North 5115 Twin Lake Blvd. East SIGNHANGER GK and M Enterprises Inc. Jones Sign Company Spectrum Sign Systems, Inc. VEO Sign LLC 1670 S. Robert St. #132, West St. Paul 820 N. Concord Street, South St. Paul 1230 Eagan Industrial Road, Ste. 117, Eagan 1220 Cope Avenue E, Maplewood 930 E 801h St, Bloomington 1815 E. 41st St, Suite A, Minneapolis Ali Sajaad Keven Riley (Missing 2 ARM Meetings) Sean Ogunniran Chen Zhou Jeffrey Sandberg Thomas Le David Gardner Scott Terhaar Mains'l Properties Prosperous Property Prosperous Property, LLC Jeniffer Kuria Art Zink PWS Holdings, LLC Ruth E. Cioni 1517 94th Lane NE, Blame 1711 Scheuring Rd, De Pere, WI 54115 8786 W. 35W Service Drive NE, Blame 6353 Martin Ave NE, Ostego TRANSIENT ACCOMODATIONS - LEVEL 1 Quality Inn 1600 James Circle N. 6c. RESOLUTION NO. 2018-132 RESOLUTION APPROVING A TRANSFER OF FUNDS FROM THE GENERAL FUND AND THE MUNICIPAL LIQUOR STORE FUND TO THE CAPITAL IMPROVEMENTS FUND 07/09/18 -3- 6e.RESOLUTION NO. 2018-133 APPROVING TRANSFER OF FUNDS FROM THE EARLE BROWN HERITAGE CENTER OPERATING FUND TO EARLE BROWN HERITAGE CENTER CAPITAL FUND 6f.RESOLUTION NO. 2018-134 ACCEPTING WORK PERFORMED AND AUTHOIRIZING FINAL PAYMENT, PROJECT NOS. 2016-01, 02, 03, 04, AND 12, PALMER LAKE WEST AREA STREET AND UTILITY IMPROVEMENTS Mayor Willson commented on the $600,000 being generated by the Liquor Fund that will be used towards maintenance projects. Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2018-135 ACCEPTING CENTERPOINIT ENERGY COMMUNITY PARTNERSHIP GRANT Director of Public Works Doran Cote described the grant application process and award of $2,000 towards purchase of six 800-MHz radios for the Public Works Director, dispatch, and four Public Works Crew Leaders. Councilmember Ryan moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2018-135 Accepting the CenterPoint Energy Community Partnership Grant. Mayor Willson asked how the remaining cost for the six radios will be funded. City Manager Curt Boganey advised there are sufficient funds within the Public Works budget line items to cover that cost and this is the recommendation of the Director of Public Works. Motion passed unanimously. Kyle Meyer, representing CenterPoint Energy, presented the grant check to Mayor Willson. Mayor Willson extended the City's appreciation for this generous donation. 8.PUBLIC HEARINGS 8a. ORDINANCE NO. 2018-08 AMENDING ORDINANCE NO. 2016-08 REGARDING COUNCIL SALARIES Finance Director Nate Reinhart introduced the item, discussed the background, and provided a PowerPoint presentation detailing the purpose of the proposed ordinance to increase City Council salaries by two percent for 2019 and two percent for 2020 as recommended by the Financial Commission. It was noted this ordinance received first reading on June 1, 2018 and was published in the Sun Post newspaper on June 22, 2018. 07/09/18 -4- Councilmember Ryan moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. Roger Kloster, 7223 Lee Avenue, addressed the City Council. He asked what the Mayor and City Council have done or accomplished to receive a pay raise. He expressed his concerns with Sears leaving and believed the Mayor and Council were to be civic leaders to promote the City and stop the decline. Ralph Neinas, 3920 521w Avenue N., addressed the City Council. He stated he agrees with Mr. Kloster, noting that 30 years ago Brooklyn Center was considered the 'Edina of the North,' and he has also seen it decline and particularly in his neighborhood. Mr. Neinas stated he does not know how the Mayor and Council see the City but they have to live in it and he is concerned. He suggested Friday meetings with staff to address issues. Mr. Neinas stated his opinion the decline is due, in part, because of people moving in from other cities. Barbara Jenson, 6539 Drew Avenue N., addressed the City Council. She stated she has lived in Brooklyn Center since 1963 and sees the City as an open, affordable, and welcoming community. She sees the Mayor and Council at community events, parks, Senior Forums, and all over. She also sees the Police Department as outstanding with their involvement in the Multi- Cultural Advisory Committee, direction from the City Council, and a Police Chief who is understanding of a diverse and unique community. Mayor Willson added that was the case with the last three Police Chiefs. Ms. Jenson agreed and stated a 2% raise is reasonable considering the hours the Mayor and Council put in so she supports it. Todd Henning, 1906 Brookview Drive, addressed the City Council. He stated his agreement with Ms. Jenson. He stated he has worked with the Fire Department, Police Department, Public Utilities, and thanked the Mayor and Council for their service. Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Graves seconded to adopt ORDINANCE NO. 2018-08 Amending Ordinance No. 2016-08 Regarding Council Salaries. Councilmember Ryan asked if the City Council were to work gratis across the board, it would have barely a noticeable significance relative to a $20 million operating budget. Mr. Boganey stated that is correct. 07/09/18 -5- Councilmember Ryan stated all members of the City Council must be residents of the City, he has 42 years of residency, and works very hard every day of the week to do the best he can for his home town. In this capacity, he is driven by public service. Councilmember Ryan explained his assignment is to act as a liaison to organizations that help the City relative to the State Legislature and Met Council. In that effort, he attends many meetings in St. Paul and other locations yet does not charge the City for mileage. Councilmember Ryan noted if a greeter at WalMart, he would come out ahead financially. In addition, he has printing expenses and it is fair and reasonable for the Mayor and Council to receive a small monetary payment for their services. Councilmember Ryan stated he hopes those who have had a bad experience with the City will have their concerns resolved and not let that color their view of Brooklyn Center. Councilmember Butler thanked City staff who does an excellent job and to Councilmember Ryan's point, agreed the Mayor and Council invest a lot of their time in the City because they want to make a difference in the community. She welcomed audience members to run for office or serve on Commissions to see if they can do a better job. Councilmember Lawrence-Anderson clarified that with Brooklyn Center's government model, the City Council's only employee is City Manager Boganey who is accountable for all staff members. Through that model, the City Council does not meet with staff. Mayor Willson stated that he retired a few years ago and when looking at the time he puts in, his salary is under 45 cents per hour as he attends a lot of meetings and promotes the City in a lot of places. Mayor Willson noted his day started with the regional Conference of Mayors' meeting, followed by more meetings the rest of the day, and now the City Council meetings tonight. He stated City staff has done an excellent job to promote the City and attract redevelopment, noting staff is currently handling 8-9 projects this summer and that did not occur 10-12 years ago when businesses moved to Maple Grove. He disagreed that the City is in decline but instead believed it is moving forward, building, and rejuvenating. Mayor Willson stated the City Council has positioned Brooklyn Center for the future and it looks bright. Councilmember Graves added her agreement to the City Council's comments. Motion passed unanimously. 8b. ORDINANCE NO. 2018-09 AMENDING CHAPTER 1 OF THE CITY CODE OF ORDINANCES Director of Public Works Doran Cote introduced the item, discussed the history, and provided a PowerPoint presentation detailing the purpose of the proposed ordinance to prohibit the feeding of wild animals. It was noted this ordinance received first reading on June 11, 2018, and was published in the Sun Post newspaper for public hearing tonight. Councilmember Graves, moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. 07/09/18 -6- Ralph Neinas, 3920 52nd Avenue N., addressed the City Council. He stated he lives by Twin Lake and is a hunter but enjoys wildlife. He believed animals in our City are street smart and will not get hit by a car. He stated he has seen a 10-point deer in his neighborhood for 10+ years, does not see an over population, and enjoys watching wildlife. Mr. Neinas stated people can position their feeders so wildlife cannot get them but he does not know how to reduce the population without killing them. Mayor Willson stated he is also a hunter and thinks animals should be revered because whole species are going away. Roger Kloster, 7223 Lee Avenue, addressed the City Council. He asked what the amendment will change. Mayor Willson stated the meeting packet is available for review and explained the amendment is to change a word change 'deer' to 'wild animals.' Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Graves seconded to adopt ORDINANCE NO. 2018-09 Amending Chapter 1 of the City Code of Ordinances. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMMISISON APPLICATION NO. 2018-010, SUBMITTED BY LINDA MCGINTY (THE LUTHER COMPANY, LLLP, REQUESTING ISSUANCE OF AN INTERIM USE PERMIT FOR THE OFF-SITE STORAGE OF NEW VEHICLES (LOCATED AT 5900 SHINGLE CREEK PARKWAY) Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning Commission Application No. 2018-010 and advised the Planning Commission recommended approval of the applications at its June 28, 2018 meeting. The day after approval, Health Partners contacted City staff indicating HealthPartners Dental had been utilizing a portion of the subject site for parking. Staff met with them and after review determined an easement was in place. As a result, the Luther Company submitted a revised site plan on July 5, 2018, to shift the north fence line south one parking row and the drive aisle south to comply with existing parking. The gate and barricade were also shifted to the south, the driveway pedestrian and parking easement are called out on the site plan, and the west fence line and drive aisle were shifted one parking row to make up for the lost parking. Ms. McIntosh answered questions of the City Council regarding the request of Linda McGinty, the Luther Company LLP, requesting an Interim Use Permit (IUP) for the off-site storage of approximately 750 new vehicles at 5900 Shingle Creek Parkway. 07/09/18 -7- Councilmember Ryan noted the area of the new car storage will be on the existing paved surface and fenced. Ms. McIntosh stated that is correct and described the shift in parking row/drive aisle and arrangement of parking. Councilmember Ryan stated the reason Luther is making this request is so they can store new car inventory in another location because the present storage location is under construction for the new Mazda Mitsubishi dealership. Ms. McIntosh stated that is correct. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 018-136, Regarding the Recommended Deposition of Planning Commission Application No. 2018-010, submitted by Linda McGinty of The Luther Company, LLLP, for the issuance of an of an Interim Use Permit for the off-site storage of new vehicles (located at 5900, Shingle Creek Parkway. Motion passed unanimously. Mayor Willson stated his support for considering this request from one of the City's premiere businesses. He noted they now have eight dealerships, are one of the highest paying tax payers, creates jobs, presence, and been good to the City with a number of other contributions. 9b. PLANNING COMMMISISON APPLICATION NO. 2018-011, SUBMITTED BY LUK APARTMENTS, LLC, REQUESTING APPROVAL OF AN AMENDMENT TO THE 1992 PLANNED UNIT DEVELOPMENT PLANS AND DOCUMENTS AND SITE IMPROVEMENTS TO ALLOW FOR THE CONVERSION OF A FORMER SENIOR LIVING FACILITY TO MARKET RATE APARTMENTS (LOCATED AT 6100 SUMMIT DRIVE NORTH) Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning Commission Application No. 2018-011 regarding the request of Luk Apartments, LLC for an amendment to the 1992 Planned Unit Development (PUD) plans and documents and site improvements to convert a former senior living facility (currently closed) to market rate apartments at 6100 Summit Drive N. The request includes an allowance for off-street parking ratio of approximately 1.7 parking spaces per dwelling unit versus the minimum required two parking spaces per dwelling unit; wall signage allowance of up to 350-square feet on the south elevation of the existing 11-story apartment building; and, allowance of three additional dwelling units for future approval of a total of 143 units versus the existing 140 units. Ms. McIntosh explained consideration tonight is only for the three allowance requests, not final approval and if approved, the applicant will be required to return with final plan sets, site plan, and make application through the Planning Commission. Councilmember Butler asked why the City Council should encourage under parking as many residents own cars, more than one per rental unit, and there is already a parking issue at current apartment parking lots. Ms. McIntosh stated the applicant conducted an informal survey of their other apartment properties and calculated approximately how many cars were parked based on the number of apartments. Based on that survey, the applicants have indicated they are 07/09/18 -8- comfortable with a ratio of about 1.7 parking spaces per unit. Ms. McIntosh noted since this will be for market rate apartments, the applicant will not want to be in a situation where people won't rent because there is not enough parking in the lot. She stated that issue can be addressed when they return with final plan sets. Councilmember Butler stated she is not comfortable approving an allowance at 1.7 spaces per unit considering what she already knows about the situation at existing apartment parking lots. She asked whether the three requested allowances are considered as one or separately as she does not have a problem with the other two requests. Mayor Willson stated based on past practice, a Councilmember can request to separate considerations. Mayor Willson noted this consideration is slightly out of order from what has occurred in the past and he thought these allowances would first be considered by the Planning Commission with a recommendation for the City Council's consideration. He asked if the allowances are binding on the City Council if approved. Ms. McIntosh clarified that the property is not owned by the applicant but they are in talks with the owner. Because the applicant wants to convert the building from senior housing to market rate, parking is a determining factor. In that effort, the applicant has addressed parking by adding surface parking as there is no intent to add to the parking structure. Mayor Willson stated the City Council does not get into the property purchase negotiations between private properties but this feels like that may be the case. He asked if the allowances are binding if approved tonight or can the allowances be changed later by City Council action. City Attorney Troy Gilchrist advised this action would approve the scope of flexibility allowed with this property. He stated he suspects this is before the City Council because the applicant would like to exercise this flexibility in deciding whether to purchase this property. City Attorney Gilchrist advised the City would not be bound by these allowances, if approved tonight, but that may be counter to what the applicant expects the City Council to consider in final design. Mayor Willson expressed concern with considering allowance flexibility before ever seeing the project plans. He stated he has no problem with the three requests other than the way the process is going forward because normally, the Planning Commission would have looked at this in conjunction with the final plans and then make a recommendation to the City Council. Mayor Willson stated his concern that if approved tonight, the City Council 'goes in blind.' Ms. McIntosh stated this process is also different for City staff as they usually get full plan sets so instead this is like looking at changing the Master Plan to a PUD. She noted the applicant has indicated they are looking at surface parking but if the City Council is not comfortable with surface parking and would want a ramp, then that should be indicated now. Ms. McIntosh noted the full plan sets still need to be submitted for Planning Commission review and recommendation. Mayor Willson stated again his concern that these allowances would be binding on a future consideration and that by approving tonight, the City Council has no control over building plans when they come forward on these three issues. City Attorney Gilchrist advised the City Council will have control but the plans come with the expectation the City Council will grant the flexibility being considered tonight. In addition, approving allowances tonight does not approve 07/09/18 -9 specific building plans as that comes later. City Attorney Gilchrist stated if approved, there would be an expectation from the applicant that if the plans reflect these allowances, it would be acceptable. But, the City Council still has authority to make changes, such as to parking location. Councilmember Ryan stated the substance of consideration is the applicant cannot go below 1.7 parking spaces and if this is an upscale conversion, there is strong economic interest to increase parking availability. Ms. McIntosh stated the 1.7 parking spaces are all on site. Councilmember Ryan noted there is also opportunity to consider off-site parking on neighboring properties that can be considered later. Ms. McIntosh stated that is correct and a condition can be added to require the applicant to take additional action if parking is deemed to be insufficient at any point in the future. Mayor Willson stated he has no problem with the three allowances being requested, though he thinks it is the wrong time. He stated he is willing to consider the allowances separately. Mayor Willson stressed to staff that he does not want to consider a precedence or consider this process again in the future. Councilmember Graves stated Councilmember Butler expressed her same thoughts and especially if the project converts from senior living to market rate multi-family, which conceivably could have more than one driver per apartment and only 1.7 parking spaces per unit are being provided. She felt that ratio makes more sense for senior housing. Also, adding three more units would then potentially increase the need for parking. Councilmember Graves stated she does not have a problem with the requested signage allowance. Mayor Willson stated the applicant and owners will have to deal with the parking issues. The City deals with rental licensing and number of police calls to the property. Mayor Willson noted if there are police calls about parking on the street, then that is where the City's enforcement of the rental license comes in. Councilmember Graves stated her preference to prevent police calls from happening in the first place and not after the fact. Mr. Boganey agreed this is an unusual consideration and he appreciates the Mayor's comments in that regard. He stated from his perspective, it is important to explain why it was brought before the City Council in this way. Mr. Boganey noted the current building has 140 units and under current standard that requires 280 parking spaces. There is no place to put 280 parking spaces on this site so it has been out of compliance since Day 1. Now the building is unoccupied and a purchaser wants to take a 'lemon and make lemonade' but there is no economic way to add 109 spaces. For that reason, the purchaser is rightfully hesitant to acquire the vacant property with the expectation that he will have to add 109 spaces to comply with the current Ordinances. The purchaser would like some indication the City Council is willing to offer some flexibility beyond the ordinance requirement for 280 parking spaces. Mr. Boganey noted the purchaser has some options to negotiate with the seller an agreement to allow for additional days to go through the site plan review process and get all required approvals before entering into the final purchase 07/09/18 -10- agreement or do what is being done today to get a clear read from the City Council as to whether they are willing to be flexible. Mr. Boganey stated the question may be what makes staff think this apartment will function effectively without two parking spaces per unit when parking on the street is also prohibited. That information was provided to staff and the owner has indicated they feel comfortable that 1.7 spaces per unit is adequate based on their experience with the market they intend to serve. If staff had not seen that data, staff would not be presenting it to the City Council. Mayor Willson asked about the option for parking off site. Erik Falkman, Lux Apartments LLC, 6401 Camden Avenue N., addressed the City Council. He stated they own close to 650 apartment units in Brooklyn Center, in four separate buildings, and conducted an informal internal survey of those apartment properties at 2:30 a.m., when the parking lot was the most full. Based on that survey, they determined that 1.7 was the maximum used by their apartments. Mr. Falkman stated they are making a substantial investment in this property and he appreciates the City Council's consideration of this request. He agreed the sequencing is out of order from the normal process but they want to have control of the parking issue. Mr. Falkman noted this property has 140 units, with 90 one-bedrooms, 50 two-bedrooms and no three-bedrooms. Jim Soderberg, Lux Apartments LLC, 6401 Camden Avenue N., addressed the City Council. He stated they will install upgraded finishes including new doors with electronic locks, granite, stainless steel appliances, upgraded exterior materials, two roof-top decks, and signage to attract traffic from Highway 100. Mr. Soderberg stated they came to Brooklyn Center in 1995 and since then, think the changes in Brooklyn Center are spectacular. He described other crime- ridden apartment buildings they have purchased and improved and stated they have over $50 million in Brooklyn Center and this new project would add $3.5 million of improvements. Mr. Soderberg addressed Councilmember Graves' concern and assured the City Council that if they did not think they had enough parking, they would not do this deal. He stated they also surveyed their Hopkins apartment where they had 1.9 parking spaces per unit. Mr. Soderberg stated their support of the Top Golf business and anything that benefits Brooklyn Center, noting levels of crime in the City's apartments have been greatly reduced. Mayor Willson stated he does not dispute the good improvements the applicants have made to apartments in the City but his struggle is the procedural piece, which he finds to be odd. But, on the other hand, Mayor Willson acknowledged the applicant is paying the money so he understands their desire to ask the City Council to move in the direction with which they are comfortable. Councilmember Lawrence-Anderson asked about the bedroom mix. Mr. Falkman stated there are currently 140 units, with 90 one-bedrooms and 50 two-bedrooms. Councilmember Ryan thanked the applicants for sharing additional information, noting he is more comfortable with the procedural anomalies after further explanation that the parking 07/09/18 -11- requirements meet their expectations and comments by Mr. Boganey. He stated he is encouraged by the level of improvements and acknowledged and thanked the applicants for turning around other multi-family properties in the City to address those significant and serious problems in the past. Councilmember Ryan stated he is now comfortable supporting this request. Councilmember Graves asked about the parking spaces, noting if every two-bedroom had two drivers, and half of the one-bedrooms had two drivers, then parking is still under their number. She stated she made an estimated guess that they need 235 spaces and 244 spaces are being provided. Mr. Falkman stated that is a good observation and roughly the same calculations they used. Plus, they can expand that number if using some of their surrounding properties. Councilmember Lawrence-Anderson asked if there are any plans for a future parking ramp. Mr. Soderberg stated there is a two-level parking ramp but you could not add on three more floors. In addition, a parking ramp is economically impossible and would look horrible as it would be in front of a gorgeous building. Mr. Soderberg assured the City Council that with the intended landscaping and fencing, the on-site parking will not look that bad. Councilmember Butler asked about visitor parking when there is not enough parking for each unit if there are two drivers per unit. She stated in going to community meetings, 40-50 people have told her there is not enough parking for apartment residents and no parking for their visitors. Mr. Soderberg agreed with the importance of providing adequate visitor parking, which will be located the farthest away from the doors, the same as at their other 24 apartment communities. Mr. Falkman stated he is not a parking expert but they deal with it every day and receive feedback from their residents. He stated they have a lot of ways to maximize the flow of parking, noting they have other properties where parking is constrained but they understand how that parking has to be moved around. Mr. Boganey stated if you begin with the assumption that reducing the parking requirement is potentially problematic, he would ask why then add three units and make it even worse. Mr. Soderberg stated 1.7 is not problematic because they think they will have a lot of left over parking spots at 1.7. With regard to the three additional units, there is a seventh-floor balcony that could be used for a penthouse apartment or maybe two units. He noted the tenth-floor balcony will have views of downtown, they will change the metal balcony railings to glass railings, and add other nice amenities. Mr. Soderberg stated they want to create statement units and for people to think it is a brand-new building. Mr. Boganey asked what is the principal reason the applicants are unable to delay closing until after they have gone through the typical application process for site and building plan review by the Planning Commission with recommendation to the City Council. Mr. Soderberg explained discussions with the sellers started in December, this has already been delayed, and the sellers have run out of patience at this point. He would like a resolution tonight to gain a comfort level to move forward. Mr. Soderberg noted this is one of the last areas to redevelop and assured the City Council this will be an incredible improvement. 07/09/18 -12- Councilmember Graves stated she contacted people who were displaced from an apartment and was told they were not given much notice about moving out. She asked why residents were not aware of what was happening sooner. Mr. Falkman stated that happened before they became involved but some of the issues came down to process and legalities with senor living. He noted they were at 30% occupancy for a period of time, the building was functionally obsolete for senior housing use, and they were not financially able to continue operation. He stated his understanding they went above and beyond in notice and upgraded those residents living situation within 30-45 days. Mr. Soderberg stated in December, the timing had to do with The Sanctuary, which was also delayed, and they wanted to make sure they had a place for displaced residents. He agreed the people were relocated quickly and into better housing. Mayor Willson noted City staff also stepped up to work with those residents and went beyond what was required to make sure those residents had a place to go. In addition, The Sanctuary went above and beyond. Mayor Willson commended staff for what they had done for those residents. Mr. Soderberg stated they also covered some moving expenses for those residents even though they were not required to do so. Councilmember Ryan moved and Mayor Willson seconded to approve an allowance for an off- street parking ratio of approximately 1.7 parking spaces per dwelling unit versus the minimum required two parking spaces per dwelling unit. Councilmember Butler voted against the same and Councilmember Graves abstained. Motion passed. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to approve a wall signage allowance of up to 350-square feet on the south elevation of the existing 11-story apartment building Motion passed unanimously. Councilmember Ryan moved and Councilmember Butler seconded to approve an allowance of three additional dwelling units for future approval of a total of 143 units versus the existing 140 units. Councilmember Lawrence Anderson asked whether the number of additional dwelling units can be amended to be allowed only if there are no issues with parking at a ratio of 1.7 parking spaces. Mayor Willson stated that is not an issue as the allowance is 1.7 parking spaces no matter the number of units. Councilmember Lawrence-Anderson stated she wants to assure there is not a parking issue already and then units are added. Councilmember Ryan noted the motion references the need for future approval so that decision can be made at a future point. 07/09/18 -13- Motion passed unanimously. Mayor Willson stated his appreciation to the applicant for taking on another large project and making an investment in the City. 10.COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process that will now be used to consider Type IV 6- Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items lOal through lOa2. lOal. 7131 HALIFAX AVENUE NORTH 10a2. RESOLUTION NO. 2018-138 APPROVING A TYPE IV RENTAL LICENSE FOR 5351 IRVING AVENUE NORTH Councilmember Ryan moved and Councilmember Graves seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 7131 Halifax Avenue North; and, adopt RESOLUTION NO. 2018-138 Approving a Type IV Rental License for 5351 Irving Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 11.COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • July 7, 2018: Pop Up Market • July 9, 2018: Joint Work Session with the Planning Commission on the Comp Plan • July 12, 2018: Association for Responsible Management • July 9-11, 2018: Policy Management Meetings on Transportation • July 19, 2018: Southeast Beilvue Park Neighborhood Meeting Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • June 29, 2018: Dudley Classic • July 7, 2018: Pop Up Market • July 9, 2018: Joint Work Session with the Planning Commission on the Comp Plan 07/09/18 -14- Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • June 28, 2018: Northside Story Kick-Off Event • June 28, 2018: Dudley Classic • July 6, 2018: NAACP Film Screening of The Suspect • July 7, 2018: Pop Up Market • July 9, 2018: Joint Work Session with the Planning Commission on the Comp Plan Councilmember Graves announced she will be out of town from July 29 to August 5, 2018, and will miss the July 30, 2018, meeting. Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: • June 27, 2018: Delivered New Homeowner Bags • June 30, 2018: Hmong Freedom Festival • July 7, 2018: Pop Up Market • July 9, 2018: Joint Work Session with the Planning Commission on the Comp Plan • July 11, 2018: Delivery of New Homeowner Bags • July 13-15, 2018: Local Progress Convening Event Councilmember Butler announced she will be out of the country July 23, 2018, and unable to attend the City Council Meeting. Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • June 26, 2018: Rotary Luncheon • June 29, 2018: Meeting with Mr. Boganey • July 1, 2018: St. Peter for Veterans Memorial Celebration and Monument Unveiling • July 6, 2018: Meeting with Mr. Boganey • July 7, 2018: Pop Up Market • July 9, 2018: Regional Council of Mayors • July 9, 2018: Blue Line Now Meeting • July 9, 2018: Joint Work Session with Planning Commission on the Comp Plan 9. PLANNING COMMISSION ITEMS 9b. PLANNING COMMMISISON APPLICATION NO. 2018-011, SUBMITTED BY LUK APARTMENTS, LLC, REQUESTING APPROVAL OF AN AMENDMENT TO THE 1992 PLANNED UNIT DEVELOPMENT PLANS AND DOCUMENTS AND SITE IMPROVEMENTS TO ALLOW FOR THE CONVERSION OF A FORMER SENIOR LIVING FACILITY TO MARKET RATE APARTMENTS (LOCATED AT 6100 SUMMIT DRIVE NORTH) - continued 07/09/18 -15- City Attorney Gilchrist advised that while the City Council acted on the three allowance items, it did not act on the resolution that included additional restrictions on approval. He recommended the City Council take action on the full resolution. Councilmember Ryan moved and Mayor Willson seconded to adopt RESOLUTION NO. 2018- 127, Regarding the Recommended Disposition of Planning Commission Application No. 2018- I I Submitted by Lux Apartments, LLC, for an amendment to the 1992 Planned Unit Development Plans and Documents and site improvements to allow for the conversion of a former senior living facility to market rate apartments (Located at 6100 Summit Drive North). Councilmember Ryan stated he appreciates the remarks of the City Attorney and hence his oversight on the motion. Mayor Willson stated his support of the City Attorney's recommendation to take this action. Motion passed unanimously. 12. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded adjournment of the City Council meeting at 9:04 p.m. Motion passed unanimously. 07/09/18 -16- 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 July 9,2018. 2.That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall, 3. That the City Council adopted said minutes at its July 23, 2018, Regular Session. CityClerk Mayor 07/09/18 -17