Loading...
HomeMy WebLinkAbout2010 02-22 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 FEBRUARY 22, 2010 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 Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. 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, Community Development Specialist Tom Bublitz, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Scott Bechthold, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Ms. Eileen H. Oslund, 6000 Ewing Avenue N, addressed the City Council and introduced Lisa Yankton, the new President of the Brooklyn Historical Society. Ms. Lisa Yankton, 5615 Fremont Avenue N, addressed the City Council and stated she is the current President of the Brooklyn Historical Society. Ms. Yankton recited the following resolution passed by the Brooklyn Historical Society Board of Directors on February 11, 2010: Whereas the purpose of the Brooklyn Historical Society is the discovery, preservation and collection of historical knowledge and material objects illustrative of the life, conditions, events, and activities of the Brooklyns and that the Brooklyn Historical Society provides for the dissemination and accessibility, as feasible, to all who wish to examine or study its collection, and that a need exists to have an ongoing exchange between the city governments of Brooklyn Center and Brooklyn Park and the Brooklyn Historical Society; Be it resolved that the Brooklyn Historical Society requests the cities of Brooklyn Center and Brooklyn Park to send from their elected City Councils, a representative to the board meetings of the Brooklyn Historical Society. 02/22/10 -1- Ms. Jo Roberts, representative of Link Associates, addressed the City Council and stated they are pleased that Link Associates has just been able to hire 20 employees. She thanked the City for the support given while addressing the housing situation. Councilmember Lasman moved and Councilmember Roche seconded to close the Informal Open Forum at 6:52 p.m. Motion passed unanimously. 2. INVOCATION Boy Scout Den 454 conducted the Invocation and led the Pledge of Allegiance. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:02 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. 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, Community Development Specialist Tom Bublitz, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, Police Chief Scott Bechthold, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE Moved in the agenda to precede the Roll Call. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, as amended, with the removal of Item No. 6e from the Consent Agenda to Council Consideration Item No. I Og, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. February 8, 2010 — Study Session 2. February 8, 2010 — Regular Session 3. February 8, 2010 — Work Session 6b. LICENSES 02/22/10 -2- MECHANICAL Weld & Sons Plumbing 3410 Kilmer Lane N, Plymouth RENTAL INITIAL 131272 nd Ave N Curtis Cady 6337 Colfax Ave N Oanh Ly 7031 Drew Ave N Laurie Luby 5219 Ewing Ave N Daniel Brewer 7236 Halifax Ave N Bob Morlock 6813 Humboldt Ave N B303 Raymond Charest 6819 Humboldt Ave N A301 Raymond Charest 6343 Indiana Ave N Kou Vang 6319 Perry Ave N Erin Bauer RENEWAL 360147 th Ave N Drew Kabanuk 361347 th Ave N Drew Kabanuk 3713 47 Ave N Drew Kabanuk 3006 65' Ave N Ivan Woyno 3807 61 Ave N Toshie Metzger 1807 70 Ave N Rebecca Thomley 5834 Aldrich Ave N Paul Scully 6718 Aldrich Ave N James Price/Dawn McNamara 4902 France Ave N William Dudley 7215 Girard Ave N Rebecca Thomley 5525 James Ave N Jay Braegelmann 6448 Willow Ln N Dragon Property Management 6500 Willow Ln N Dragon Property Management 6c. RESOLUTION NO. 2010 -37 AUTHORIZING EXECUTION OF A PROFESSIOANL SERVICES AGREEMENT WITH WSB & ASSOCIATES, INC. FOR IN- CONSTRUCTION SERVICES FOR THE BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL IMPROVEMENTS, PROJECT NO. 2009-18 6d. RESOLUTION NO. 2010 -38 APPROVING CHANGE ORDER NO. 1, PROJECT NO. 2009-21 CAPITAL MAINTENANCE BUILDING PLAN 6e. RECEIVE HENNEPIN COUNTY HRA NOTICE OF SUBURBAN HRA AND EDA ACTIVITIES This item was moved to Council Consideration Item No. l Og. 02/22/10 -3- 6f. FRANCHISE FEES FOR 2009 FISCAL YEAR REPORT Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. VISIT MINNEAPOLIS NORTH Mr. Dave Looby, Executive Director of Visit Minneapolis North (VMN), presented the Visit Minneapolis North Report and provided an overview of VMN marketing material. Mr. Looby answered questions of the City Council regarding VMN. Councilmember Roche requested consideration of the following in relation to VMN marketing efforts for Brooklyn Center: • Updates to the VMN website to reflect current restaurants in the City. • VMN effort with Metro Transit to put into place bus routes to the Twins Stadium and/or brand and identify Route No. 766 to downtown. • Prominent marketing of the Earle Brown Heritage Center in the Wedding and Event Guide. • Potential name change of VMN to reflect the location along the 694 strip of the current member cities of Brooklyn Center, Brooklyn Park, and Maple Grove. Mayor Willson thanked Mr. Looby for his support and attendance at many events in the City of Brooklyn Center. Councilmember Ryan moved and Councilmember Lasman seconded to receive the Visit Minneapolis North (Convention and Visitors Bureau) Report. Motion passed unanimously. 7b. RESOLUTION NO. 2010 -39 EXPRESSING RECOGNITION AND APPRECIATION OF TODD BOSTER FOR HIS DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION Councilmember Ryan moved and Councilmember Roche seconded to approve RESOLUTION NO. 2010 -39 Expressing Recognition and Appreciation of Todd Boster for His Dedicated Public Service on the Financial Commission. Mayor Willson recited Resolution N 10 -39 y so o. 20 Motion passed unanimously. 7c. RESOLUTION NO. 2010 -40 EXPRESSING RECOGNITION AND APPRECIATION OF DAVE PETERSON FOR OVER 35 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER 02/22/10 -4- City Manager Curt Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -40 Expressing Recognition and Appreciation of Dave Peterson for Over 35 Years of Dedicated Service to the City of Brooklyn Center. Mayor Willson recited Resolution No. 2010 -40. Motion passed unanimously. 7d. POLICE DEPARTMENT YEAR END REPORT Police Chief Scott Bechthold presented the Police Department 2009 Year End Report. Highlights of the report include: • Crime is down: Violent Crime — down 17.41 %; Property Crime — down 17.23 %; Part 11 Crime — down 5.46% • Productivity is up: Calls for Service — up 13.01 %; Total Arrests — up 4.72 %; Traffic Enforcement — up 37.4% • Department Initiatives are Working: smart and proactive policing; partnership and collaborations; community outreach • Community Satisfaction Chief Bechthold thanked Mayor Willson, the members of the City Council, and City Manager Curt Boganey for sitting down with department heads and crafting a well thought out strategic plan, as well as providing the resources needed to put that plan to work. Mayor Willson stated Chief Bechthold has been a good friend, good officer and good chief, and has done very good things for the City. Mr. Boganey thanked and congratulated Chief Bechthold for his tenure at the City. He stated looking at the results of this year -end report, Chief Bechthold is leaving on a high note. Mr. Boganey recognized the players who have helped make this happen, including the community, staff, police department members, and the City Council by providing the needed resources. Councilmember Lasman moved and Councilmember Yelich seconded to receive the Police Department 2009 Year End Report. Motion passed unanimously. 7e. 2010 CENSUS UPDATE REPORT Assistant City Manager /Director of Building and Community Standards Vickie Schleuning provided background information on the 2010 Census. Mr. Gary Van Eyll, Local Census Office Manager, Edina, MN, provided an overview of the Be Counted/Questionnaire Assistance Center Program and answered questions of the City Council. The presentation and discussion focused on the following information: 1) Program overview; 2) 02/22/10 -5- Site locations, 3 "Be Determination of the number of Counted" questionnaires for containers. Councilmember Roche moved and Councilmember Lasman seconded to receive the 2010 Census Update Report. Motion passed unanimously. 8. PUBLIC HEARING 8a. PROPOSED USE OF 2010 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 1. RESOLUTION NO. 2010 -41 APPROVING PROJECTED USE OF FUNDS FOR 2010 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS Community Development Specialist Tom Bublitz stated the purpose of the proposed resolution and provided a brief overview of the following programs proposed for the use of 2010 Urban Hennepin County Community Development Block Grant Program Funds: H.O.M.E. (Senior Community Services), CEAP (Senior Services), Neighborhood Stabilization/Code Enforcement; HOME Line (Tenant Advocacy); and Housing Rehabilitation. Mr. Bublitz answered questions of the City Council on the Neighborhood Stabilization/Code Enforcement Program. He explained that CDBG funds cannot be used to supplement regular code enforcement activities; it must address the decline of neighborhoods and must be part of a larger effort to address that decline. He advised that the low /moderate income areas that are eligible to use CDBG funds were determined by the County. The area has been mapped out and includes most of the City. Councilmember Yelich moved and Councilmember Lasman seconded to open the Public Hearing. Motion assed unanimously. ously. Mr. Michael Vraa, HOME Line Managing Attorney, provided information on services provided by the HOME Line's Tenant Advocacy Services Program in the City of Brooklyn Center. Mr. Byron Lair, Executive Director of LEAP, provided information on services provided by the CEAP Senior Services Program in the City of Brooklyn Center. Ms. Deb Taylor, Chief Operating Officer of Senior Community Services, provided information on services provided by the Senior Community Services Household Outside Maintenance for the Elderly (H.O.M.E.) Program in the City of Brooklyn Center. 02/22/10 -6- Ms. Jo Roberts, Link Associates, asked the following questions regarding the CDBG Program: 1) How many people or organizations can apply for this program? 2) When is the deadline for the applications? 3) What kind of accountability does the City hold for these grants and are the programs required to report on the use of the CDBG funds? Mayor Willson informed Ms. Roberts that there are no restrictions on who applies for the program. Mr. Boganey explained that because the City is a sub - recipient of Hennepin County, County regulations must be followed. Federal regulations require that no more than 15% of the City's allocation can be used for public service activities. In addition to that, Hennepin County has requested that the City authorize no more than three public service activities. In terms of the application deadline, this application is submitted to the City Council in January each year, and it is suggested that anyone interested in applying should submit an application by December. The application can be submitted at any time throughout the year. In terms of accountability, the County is required to be able to demonstrate that the funds meet the statutory requirements. Records must be kept in terms of who received assistance and that information must be available in the case of an audit. Mayor Willson stated that the City Council receives an entire packet from each organization and receives quarterly reports. Councilmember Roche moved and Councilmember Lasman seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2010 -41 Approving Projected Use of Funds for 2010 Urban Hennepin County Community Development Grant Program and Authorizing Signature of Sub - recipient Agreement with Hennepin County and Any Third Party Agreements. Motion passed unanimously. 8b. DUPONT AREA NEIGHBORHOOD IMPROVEMENTS 1. RESOLUTION NO. 2010 -42 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2010 -01, 02, 03 AND 04, DUPONT AREA NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS Public Works Director /City Engineer Steve Lillehaug provided an overview of the proposed Dupont Area Neighborhood Improvements. It was noted that the staff recommendation for the street reconstruction includes: 1) no parking zone 67 to 73 Avenues (east side); 2) pave narrow boulevard (porous pavement). Mr. Lillehaug indicated that the paving would be from the Storm Water Fund rather than the MSA Fund which was discussed at the study session prior to this meeting. 02/22/10 -7- Councilmember Lasman moved and Councilmember Yelich seconded to open the Public Hearing. Mr. Chris Tobkin, 6824 Dupont Avenue N, addressed the City Council and stated his objection to the amount of the assessment to his property. Mr. Tobkin stated his position and received responses from the City Council and staff on the following issues: 1) Traffic calming leads to the roadway in this area and is shared by the larger area of the community, so part of the cost should be handled by the City and assessed through property taxes throughout the City. Mayor Willson reviewed the funding sources for the project. He pointed out that $1.2 million will be paid through the MSA Fund which is contributed to by the gas tax paid by residents throughout the City. Councilmember Roche pointed out that while Mr. Tobkin is concerned about his assessment, it would be inappropriate and unfair to the citizens assessed on previous projects not to proceed with the proposed road reconstruction. He stated his position that this type of road reconstruction has a ripple effect in the neighborhoods and people begin to take more pride in their homes. Mr. Tobkin stated his position that with foreclosures and the tough economic times, levying an additional $4,000 will decrease the value of the homes. He stated this may not be the time to impose the assessment and that bonding may be more appropriate. Councilmember Ryan stated the City has a system in place where the cost of street utility projects is distributed across a broad source of funding. By doing this they have tried to keep assessments at the most reasonable cost possible. He explained the Capital Improvement Program was originally on a 20 year timeline and has been extended to a timeline of approximately 30 years. In doing this they are taking some of the streets and the utility service below beyond the projected service life. Given that concern, these street reconstruction projects should not be delayed. 2) There seems to be two assessments, one for people south of 694 and one for people north of 694. In certain areas there are improvements being made that are not necessary and the residents in those areas are being assessed at a higher rate because it is easier, rather than what is appropriate. Mayor Willson indicated that the improvements planned for the project are outlined in the Engineering Report and recommended by the City Engineer. 3) The 6% interest rate seems high compared to the interest rate that would be available for a mortgage at this time. Mr. Boganey explained that the interest rate determined by the City Council is two percentage points above the interest rate received on the most recent reconstruction project. The interest rate on the most recent reconstruction project was approximately 4 %. By policy the rate charged with this project is 6 %. Mr. Doug Darnell, 6825 Dupont Avenue N, addressed the City Council and asked where the additional two feet will be coming from for the street widening. Mr. Lillehaug replied that the 02/22/10 -8- road is generally 30 feet wide; in some areas it is 32 feet, and some areas a little wider. There will be an additional foot taken from each side on average, depending on the layout of the road, etc. Mr. Darnell asked if the project will affect the drainage from his back yard, noting that there is a storm sewer in the back yard between lots. Mr. Lillehaug replied that generally the new storm sewer system does not affect the drainage in back yards very much. If the capacity of the pipe in the street is increased it may help; it will not worsen any conditions. Mr. Darnell asked if there are hourly limits on the parking on the west side of the street. Mayor Willson replied that across the City parking is prohibited from 2 a.m. to 6 a.m. Councilmember Lasman indicated that street parking is not allowed for longer than a six hour period. Councilmember Ryan moved and Councilmember Lasman seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -42 Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2010 -01, 02, 03 and 04, Dupont Area Neighborhood Street, Storm Drainage and Utility Improvements. Motion passed unanimously. 2. RESOLUTION NO. 2010 -43 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2010 -01 AND 2010 -02, DUPONT AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Mr. Lillehaug recommended that the City Council hold the Public Hearing on the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Councilmember Roche moved and Councilmember Lasman seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -43 Certifying Special Assessments for Improvement Project Nos. 2010 -01 and 2010 -02, Dupont Area Neighborhood Street and Storm Drainage Improvements to the Hennepin County Tax Rolls. 02/22/10 -9- Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2010-002 SUBMITTED BY THE EDA OF BROOKLYN CENTER. REQUEST FOR PRELIMINARY PLAT APPROVAL TO COMBINE SIX PARCELS INTO ONE PARCEL OF LAND AND ONE OUTLOT FOR FUTURE DEVELOPMENT. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS FEBRUARY 11, 2010, MEETING. Director of Business and Development Gary Eitel provided an overview of Planning Commission Application No. 2010 -002 and advised the Planning Commission recommended approval of the applications at its February 11, 2010, meeting. Mr. Eitel answered questions of the City Council regarding the request for preliminary plat approval to combine six parcels into one parcel of land and one outlot for future development. Councilmember Lasman moved and Councilmember Ryan seconded to approve Planning Commission Application No. 2010 -002 subject to the following conditions of the Planning Commission: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 (Platting) of the City Ordinances. 3. All drainage and utility easements recommended to be vacated by the City Engineer shall be vacated by ordinance amendment prior to final plat approval. 4. All easements required by the City Engineer for drainage and utility purposes shall be executed prior to final plat approval. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2020 -003 SUBMITTED BY EARLE BROWN TOWER LLP. REQUEST FOR SPECIAL USE PERMIT APPROVAL TO ALLOW ITT EDUCATIONAL SERVICES TO OPERATE WITHIN THE C1A (SERVICE OFFICE) ZONING DISTRICT AT 6120 EARLE BROWN DRIVE. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS FEBRUARY 11, 2010, MEETING. Mr. Eitel provided an overview of Planning Commission Application No. 2010 -003 and advised the Planning Commission recommended approval of the applications at its February 11, 2010, meeting. Mr. Eitel answered questions of the City Council regarding the request for special use permit approval to allow ITT Educational Services to operate within the CIA (Service Office) Zoning District at 6120 Earle Brown Drive. Councilmember Yelich moved and Councilmember Roche seconded to approve Planning Commission Application No. 2010 -003 subject to the following conditions of the Planning Commission: 02/22/10 -10- 1. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 2. Tenant improvement plans are subject to review and approval by the Building Official and Fire Chief with respect to applicable codes through the building and occupancy permit process. 3. Any expansion or major alteration to the use shall be subject to an amendment to this special use permit. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT TO FINANCIAL COMMISSION Mayor Willson announced the Mayoral Appointment of Steven Landis to the Financial Commission. Councilmember Lasman moved and Councilmember Ryan seconded to ratify the Mayoral Appointment of Steven Landis to the Financial Commission Motion passed unanimously. 10b. MAYORAL APPOINTMENTS TO HOUSING COMMISSION Mayor Willson announced the Mayoral Appointments of Chereen Norstrud and Ephraim Olani to the Housing Commission. Councilmember Ryan moved and Councilmember Yelich seconded to ratify the Mayoral Appointment of Chereen Norstrud and Ephraim Olani to the Housing Commission. Motion passed unanimously. 10c. RESOLUTION NO. 2010 -44 ESTABLISHING PARKING RESTRICTIONS ON DUPONT AVENUE NORTH FROM 67 AVENUE NORTH TO 73 AVENUE NORTH Mr. Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Roche moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -44 Establishing Parking Restrictions on Dupont Avenue North from 67 Avenue North to 73 Avenue North. Motion passed unanimously. 02/22/10 -11- 10d. AMEND 2010 CITY COUNCIL MEETING SCHEDULE Councilmember Lasman moved and Councilmember Ryan seconded to amend the 2010 Meeting Schedule to set the date and time of a joint meeting with the City Advisory Commissions and Charter Commission for Tuesday, April 6, 2010, at 6:30 p.m. to be held in Constitution Hall, Community Center. Motion passed unanimously. 10e. HENNEPIN COUNTY RECOVERY ZONE FACILITY BONDS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed petition to the Hennepin County Board of Commissioners to allocate Recovery Zone Facility Bonds. City Bond Counsel Jenny Boulton of Kennedy Graven Bond Division answered questions of the City Council on the Hennepin County Recovery Zone Facility Bonds. Ms. Boulton clarified that there will not be obligation or risk to the City /EDA if they serve as a conduit for this type of financing. Mayor Willson expressed concern regarding the request for an additional funding source on the FBI project. Discussion ensued on the proposed use of the Recovery Zone Bonds and the delay of the FBI project. Ms. Robyn Hansen, Attorney representing The Malasky Group, informed the Council that The Malasky Group has been asked to consider assuming ownership and completion of the FBI project from Barry Company LLC. The Malasky Group is involved in four to five of these projects around the country. Ms. Hansen provided information on the financing of the project and stated that The Malasky Group is attempting to utilize the Recovery Zone Bonds as a cheaper financing source in order to make the financing work on this project. She reiterated that there is no risk to the City or Hennepin County with the conduit bonding and that these bonds are a tool the federal government has made available for a very limited time. Mayor Willson verified with City Attorney Charlie LeFevere that there will not be any liability to the City or possible implication on the City's bond rating by issuing the conduit bonds. Mayor Willson questioned what the City's options are under the current development agreement with Barry Company LLC on the FBI project. He expressed concern that ground has not been broken on the project after almost four years and two different developers. Mr. Boganey stated the current status of the development agreement with Barry Company is that it has gone beyond the date at which the developer was to demonstrate its ability to complete the project, and therefore close on the sale of the land. That date was February 13, 2010. If the EDA does not agree to extend the development agreement, which is on the EDA meeting agenda tonight, then the land remains in the control of the EDA and a default notice would be sent. The developer would then have 30 days to cure, and failing to do so within 30 days would terminate the development agreement. 02/22/10 -12- Councilmember Lasman stated her position that this is a necessary step to keep this project attempting to move forward, and that there is precedent in the City having done conduit bonds in the past. Councilmember Lasman moved and Councilmember Roche seconded to direct the City Manager to petition Hennepin County Board of Commissioners to allocate at least $25 million of the Recovery Zone Facility Bonds available to the County in support of the new FBI Field Office Proj ect. Councilmember Yelich questioned whether this project is an appropriate use of Recovery Zone Facility Bonds and stated his preference to use these types of bonds for other opportunities in the City. There was additional discussion on the proposed use of the Recovery Zone Facility Bonds. Councilmember Yelich voted against the same. Motion passed. 10L RENTAL DWELLING LICENSE APPROVAL FOR PARTIAL OCCUPANCY AT GATEWAY COMMONS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed rental dwelling license for partial occupancy at Gateway Commons. Councilmember Lasman moved and Councilmember Ryan seconded to approve a rental dwelling license for partial occupancy at Gateway Commons for building addresses at 2916, 2920, 2924, 2928, 2932, 2936, and 2940 Northway Drive. Motion passed unanimously. Mr. Brummer thanked the City Council for its time and support in allowing him to bring this property around and get it back on the right track. Members of the City Council thanked Mr. Brummer for the work put into the property. 10g. RECEIVE HENNEPIN COUNTY HRA NOTICE OF SUBURBAN HRA AND EDA ACTIVITIES Mr. Boganey introduced the item and stated the purpose of receiving the Hennepin County Housing and Redevelopment Authority ( HCHRA) Notice of Suburban HRA and EDA Activities. Councilmember Yelich stated his position that while three of the HCHRA programs are worthwhile to operate in the City, he does not believe the other four are in the best long -term interest of the City in that they provide subsidies for additional low- income housing. Councilmember Yelich moved to individually address the HCHRA Programs to be administered in the City of Brooklyn Center. 02/22/10 -13- Motion died for lack of a second. Mr. Boganey advised that by taking no action the HCHRA is allowed to operate these programs in the City. A motion to opt out of specific programs would be necessary to prevent those particular programs from being operated in the City. Mayor Willson moved and Councilmember Lasman seconded to support the HCHRA Programs as outlined in the January 28, 2010, letter from Deputy Executive Director Eckhert of the HCHRA. Discussion ensued on the HCHRA programs. It was noted that the Affordable Housing incentive Fund Program and the Transit Oriented Development Program require a City Council resolution to be adopted if there is not one already in place. It was also noted that the City has the right to opt out of any of the programs by acting within 45 days of the notification by HCHRA. Councilmember Ryan requested staff to study the programs and provide Council with additional information in terms of how the programs have been used in the past and the expectation of the potential users of the programs. Councilmember Yelich voted against the same. Motion passed. 11. COUNCIL REPORT Councilmember Yelich: No report. Councilmember Lasman reported on her attendance at the February 7, 2010, Crime Prevention Program Meeting. Councilmember Roche thanked Dave Peterson for his work for the City. He encouraged the Star /Tribune to run current events going on in the City rather than events that are scheduled months out. Councilmember Ryan thanked the Brooklyn Center Centennial Celebration Committee for its work and encouraged residents to become involved in the celebration. Mayor Willson reported on his attendance at the following events: • February 12, 2010, meeting with the General Manager of Crowne Plaza • February 16, 2010, Brooklyn Youth Council meeting in Brooklyn Park • February 17, 2010, Brooklyn Center Centennial Committee meeting • February 17, 2010, Visit Minneapolis North Executive meeting • February 18, 2010, Northwest Cable Commission meeting 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 11:02 p.m. Motion passed unanimously. 02/22/10 -14- 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 February 22, 2010. 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 March 8, 2010, Regular Session. City Clerk Mayor 02/22/10 -15-