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HomeMy WebLinkAbout2010 06-28 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 JUNE 28, 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 Dan Ryan and Mark Yelich. Absent and excused at roll call were Councilmember Kay Lasman and Tim Roche. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Others present were City's Legal Counsel David Greene, Briggs & Morgan. Councilmember Ryan moved and Councilmember Yelich seconded to open the Informal Open Forum at 6:45 p.m. Motion passed unanimously. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Yelich moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:46 p.m. and stand in recess until 7:00 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson requested a moment of silence and personal reflection as the Invocation. 06/28/10 -1- 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 Dan Ryan and Mark Yelich. Absent and excused at Y Y roll call were Councilmember Kay Lasman and Tim Roche. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. Others present were City's Legal Counsel David Greene, Briggs & Morgan. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, as amended, with the removal of Item No. 6g from the Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. June 14, 2010 — Study Session 2. June 14, 2010 — Regular Session 3. June 14, 2010 —Work Session 4. June 21, 2010 — Joint Work Session with Financial Commission 6b. LICENSES AMENDMENT DEVICES Theisen Vending Company 2335 Nevada Ave N, Golden Valley GARBAGE HAULER Budget Waste Systems, Inc. 3516 East Lake Street, Minneapolis Jate Mites, Inc. 8289 Mississippi Blvd., Coon Rapids Sanimax USA Inc. 505 Hardman Avenue, South St. Paul T & L Sanitation Service P.O. Box 49695, Blaine Waste Management — Blaine 10050 Naples Street NE, Blaine MECHANICAL BSF Heating & Cooling 4732 Beard Avenue S, Minneapolis 06/28/10 -2- RENTAL — RENTAL STANDARDS PRIOR TO MARCH 6, 2010 RENEWAL 1701 69 Avenue N. Earle Brown Farm Apts. (passed with weather deferral) 5931 Halifax Place Jerilou Wiedmeyer RENTAL — CURRENT RENTAL STANDARDS RENEWAL (TYPE 1— three-year license) 6201 Lilac Drive N. Lang Nelson Associates 6125 Lilac Drive N. Lang Nelson Associates 824 69 Avenue N. Madeleine Roche 520063 d Avenue N. Evaristus Ejimadu 6137 Lee Avenue N. Ben Cleve Dossman IV 4937 Zenith Avenue N. James Maciazka RENEWAL (TYPE II — two year license) 341362 d Avenue N. Lee Mixson 7025 Logan Avenue N. Justin McGinty 7030 Newton Avenue N. Malcolm Vinger II INITIAL (TYPE II — two-year license) 3 819 61 sc Avenue N. Fred Hanus INITIAL (TYPE III — one-year license) 5413 70 Circle N. William Hall SIGNHANGER Install This Awning & Sign 4835 Lyndale Ave N., Minneapolis 6c. RESOLUTION NO. 2010 -93 APPOINTING ADDITIONAL ELECTION JUDGES 6d. RESOLUTION NO. 2010 -94 APPROVING CHANGE ORDER NO. 2, PROJECT NO. 2009 -21, 2009 CAPITAL MAINTENANCE BUILDING PLAN 6e. RESOLUTION NO. 2010 -95 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED 6f. COPS SECURE OUR SCHOOLS PROGRAM (SOS) GRANT APPROVAL 6g. RESOLUTION ORDERING THE ABATEMENT OF CERTAIN NUISANCE CONDITIONS EXISTING AT 5337 LYNDALE AVENUE N., BROOKLYN CENTER, MINNESOTA This item was removed from the Consent Agenda. 06/28/10 -3- Motion passed unanimously. 7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ANNUAL REPORT Matti Gurney, Northwest Hennepin Human Services Council (NWHHSC) Regional Community Research Coordinator, provided an overview of the programs and services administered by NWHHSC. He reviewed their 2009 funding sources, noting Brooklyn Center contributed $12,182 and its residents received emergency services equaling $167,354, equating to $13.73 for every one dollar contributed. Anita Perkins, NWHHSC Emergency Services and Housing Program Coordinator, advised of distributions made for emergency services, activities of the domestic violence network and recent vigil held, and indicated that updated tip cards will be redistributed at locations within Brooklyn Center. Emily Anderson, TFY -Start Noticing Program Coordinator, provided an overview of this youth leadership program and its work to counter the negative influences of tobacco and tobacco advertisement. Mr. Gurney noted the letters submitted by Sharon Kephart, Brooklyn Center's representative on the NWHHSC Advisory Commission, and Jesse Gully, Co -Chair of the Senior Leadership Committee and Manager of The Crossings at Brookwood. Carol Kleven stated it has been her pleasure to serve on the Advisory Commission and thanked the Council for the opportunity to serve. JoAnn Campbell- Sudduth, Senior Leadership Committee Member, stated she has enjoyed serving on this committee that works with seniors and provides important health information. Barb Jensen, Co -Chair of Senior Leadership Committee, stated it has been her privilege to serve. She reviewed the senior demographics within Brooklyn Center and described their work to develop partnerships with member cities. Ms. Jensen stated the City's support has been and continues to be important and the NWHHSC serves the City well. Mr. Gurney thanked the Council for its 2009 contributions and indicated the NWHHSC looks forward to partnering with Brooklyn Center in 2010. The Council asked staff to provide the NWHHSC with information about the City's discount prescription drug program. The Council reviewed the top five human service needs identified by the NWHHSC and asked about the sufficiency of affordable housing in Brooklyn Center. Mr. Gurney explained that generally speaking, housing is more affordable in Brooklyn Center than cities in southern Hennepin County but he will conduct additional research and provide that information to the City. The City Council thanked NWHHSC staff for its work on behalf of the City of Brooklyn Center. 06/28/10 -4- Councilmember Ryan moved and Councilmember Yelich seconded to accept the Northwest Hennepin Human Services Council Annual Report. Motion passed unanimously. 8. PUBLIC HEARING None. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2010 7 96 ADOPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE CITY OF BROOKLYN CENTER FOR CALENDAR YEAR ENDED DECEMBER 31, 2009 Director of Fiscal and Support Services Dan Jordet provided a detailed review of the Comprehensive Annual Financial Report (CAFR) for calendar year ended December 31, 2009, and noted the City had received an unqualified opinion which indicates the accounting and reporting systems for the City conform in all material aspects to the regulations and practices of the Government Finance Officers Association, the Government Accounting Standards Board, and generally accepted accounting principles. Mayor Willson noted the Financial Commission concurred with that opinion and were impressed with the City's increased bond rating to AA, which is significant. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -96 Adopting Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year ended December 31, 2009. Motion passed unanimously. City Manager Curt Boganey advised that copies of the CAFR are available at the public library and the City's website. 10b. RENTAL DWELLING LICENSE APPROVAL FOR PARTIAL OCCUPANCY AT GATEWAY COMMONS — 2900, 2904, 2908, AND 2912 NORTHWAY DRIVE Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. He noted this is a continuation of the partial rental plan previously approved by the Council and Gary Brummer, owner of Gateway Commons, continues to make the necessary improvements and met necessary requirements to issue these licenses. 06/28/10 -5- Councilmember Yelich moved and Councilmember Ryan seconded to approve a rental dwelling license for partial occupancy at Gateway Commons for building addresses 2834 and 2838 Northway Drive. Motion passed unanimously. 10c. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 4500 WINCHESTER LANE Assistant City Manager /Director of Building and Community Standards Vickie Schleuning explained this is the first rental property, a single family home, to qualify for a Type IV 6 -month provisional rental license under the new rental license program, based on the number of code violations identified during the initial rental license inspection. She indicated staff met with the property owner to discuss violations and a mitigation plan was prepared. Ms. Schleuning advised that with the exception of attendance at the rental managers meetings, the property owner has met the conditions of the ordinance and mitigation plan. Staff recommends approval of the license and mitigation plan. The Council discussed the new rental license program that created four categories of licensing and asked questions of staff regarding the process. Ms. Schleuning explained that the applications under consideration tonight are for new rental property owners and all have been cooperative. She reviewed the City's options should the property not comply with the mitigation within the next six months. New rental property owners receive an informational packet as part of the rental license process and it is also provided for renewals. It was noted that amendment of the rental licensing program involved a thorough investigation by staff to assure it was well drafted and will serve the City well into the future. City Attorney LeFevere noted a hearing is scheduled which will provide the prop Y Y g � P p P Y owner with due process and is also opened to the public to make comment. Councilmember Ryan moved and Councilmember Yelich seconded to open the hearing. Motion passed unanimously. Ms. Schleuning advised that Daniel Pettit, the owner, was unable to attend due to his work schedule. Councilmember Ryan moved and Councilmember Yelich seconded to close the hearing. Motion passed unanimously. Councilmember Yelich moved and Councilmember Ryan seconded to approve the issuance of a Type IV 6 -month provisional rental license and mitigation plan for 4500 Winchester Lane. Motion passed unanimously. 06/28/10 -6- 10d. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 4204 LAKEBREEZE AVENUE Ms. Schleuning explained this property contains a four -plex and based on the initial property code rental inspection and code violations found, qualifies for a Type IV license. Staff reviewed the mitigation plan with this new rental property owner who has already taken steps to meet timeframes and correct code issues. Ms. Schleuning stated that staff recommends approval of the license and mitigation plan. Councilmember Ryan moved and Councilmember Yelich seconded to open the hearing. Motion passed unanimously. Andrew Hardacre, property owner, indicated his family has a passion to serve and show care for those who need it and this rental investment property provides a unique opportunity to fulfill that mission. He provided the Council with before and after photos identifying the investment made to improve the living conditions and indicated they look forward to being part of the community. Mr. Hardacre asked for the Council's consideration of a Type II or Type III license given that code violation corrections and the security assessment are already completed and well under way. He extended his appreciation to City Staff, saying it had been a pleasure to work with them. The Council reviewed that the license type is determined based on the number of violations found during the initial rental license inspection and it is the responsibility of the property owner to gain compliance in order to receive a longer rental license. Mayor Willson commended Mr. Hardacre for going through the rental license process and explained that in six months, he will have an opportunity to seek a change of license type. Councilmember Ryan moved and Councilmember Yelich seconded to close the hearing. Motion passed unanimously. Councilmember Yelich moved and Councilmember Ryan seconded to approve the issuance of a Type IV 6 -month provisional rental license and mitigation plan for 4204 Lakebreeze Avenue. Motion passed unanimously. 10e. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 5949 XERXES AVENUE NORTH Ms. Schleuning explained that this is a single - family residential property and based on the initial property code rental inspection and code violations found, this property qualifies for a Type IV license. Staff reviewed the mitigation plan with this new rental property owner and staff recommends approval of the license and mitigation plan. 06/28/10 -7- Councilmember Ryan moved and Councilmember Yelich seconded to open the hearing. Motion passed unanimously. Orrin Hager, property owner, stated they are first -time landlords and available for questions of the Council. Mayor Willson welcomed Mr. Hager to the City and thanked him for investing in a rental property. The Council reviewed the license application and asked Mr. Hager about his intent to attend rental manager's meetings. Mr. Hager stated he will attempt to attend all three scheduled meetings but would attend two meetings at a minimum, which is the requirement. Mr. Hager introduced his wife, Ha Hager, and indicated she had done much of the work on the house. Councilmember Yelich moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Yelich seconded to approve the issuance of a Type IV 6 -month provisional rental license and mitigation plan for 5949 Xerxes Avenue North. Motion passed unanimously. 10L CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 6701 BRYANT AVENUE NORTH Ms. Schleuning explained that this is a single - family residential property and based on the initial property code rental inspection and code violations found, this property qualifies for a Type IV license. Staff reviewed the mitigation plan with this new rental property owner and recommends approval of the license and mitigation plan. Councilmember Ryan moved and Councilmember Yelich seconded to open the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Yelich seconded to close the hearing. Motion passed unanimously. Councilmember Yelich moved and Councilmember Ryan seconded to approve the issuance of a Type IV 6 -month provisional rental license and mitigation plan for 6701 Bryant Avenue North. Motion passed unanimously. 06/28/10 -8- 10g. RESOLUTION NO. 2010 -97 APPROVING A FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT AND CERTAIN RELATED AGREEMENTS ATTACHED THERETO AS EXHIBITS (LICENSE, DEED, AMENDED EASEMENT, LEASE AMENDMENT, AND SUBORDINATION AGREEMENTS) Mr. Boganey introduced the item and explained it involves modifications to the development agreement and lease agreement between Brooklyn Center and Brooklyn Hotel Partners, LLC. Director of Business and Development Gary Eitel presented the detailed staff memorandum that included the history of how the Embassy Suites development began, three previous development agreement amendments that had been approved by the Council, and purpose of the draft resolution to approve a fourth amendment. Mr. Eitel described the seven components contained in the amendment and noted it provides resolution to the default of the development agreement and the D -Barn lease agreement. David Greene, Briggs & Morgan, reviewed his work with City staff and Brooklyn Hotel Partners to draft this amendment to move this development along, construct the link, and lease the D- Barn. He noted that the amendment provides for the City to receive an initial payment of $72,000 in consideration for the developer not performing the existing lease for D -Barn, the EDA will construct the link rather than the developer, the developer relinquishes all rights to develop Phase II and is not entitled to any tax abatements from the Phase II site development, the developer agrees that when the link gets constructed they will then perform for ten years their obligation under the lease and pay 50 percent of the link's maintenance costs. He noted the City also has security for payment of any delinquent rents and that security is the tax abatement payments. Mr. Greene advised the amendment provides very favorable conditions that the current development agreement does not provide. The Council asked questions of Mr. Greene about the developer's incentive to perform and noted that should a default occur, the developer would be responsible for the City's legal costs to enforce the agreement. In addition, the tax abatement payments stand as security for payment of 50 percent of the annual maintenance and repair charges the City incurs in operating the link, when built. Mr. Greene explained additional incentives to perform are to stay in a current situation with the lender, Hurlbut -Zeppa Charitable Trust which has previously advanced money against tax abatement payments, and to assure the hotel has access to the link, which provides connectivity to the Earle Brown Center. It was noted that under the previous agreement, the City was responsible for 90 percent of the link's maintenance costs. The Council thanked Mr. Greene for his efforts with staff and the developer and expertise to reach this complex agreement. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -97 Approving a Fourth Amendment to a Development Agreement and Certain Related Agreements Attached thereto as Exhibits (License, Deed, Amended Easement, Lease Amendment, and Subordination Agreements). 06/28/10 -9- The Council acknowledged that staff has negotiated favorable terms and adequate provisions to assure the City will be protected against financial hardships to enforce the agreement. In addition, it is in the best interest of the City to have the link built in a reasonable time frame. Mr. LeFevere agreed this is an excellent package to protect the City's interests and he is comfortable with its provisions. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the following: • June 16, 2010, Riverwood neighborhood picnic, which was a great opportunity to meet residents. • June 24, 2010, Earle Brown Days parade. • June 26, 2010, West Fire Station open house where the fire truck rides were a success and the public learned about fire safety at home and equipment used by the Fire Department and emergency response units. g Y res P Councilmember Yelich encouraged residents to attend the June 29, 2010, Lions Park neighborhood meeting scheduled at 6:00 p.m. so they can learn what is going on in the City. Councilmember Ryan reported on his attendance at the : followin Y P g • June 16, 2010, annual Jerry Blarney potluck supper at Riverwood Park. He thanked Riverwood residents for their invitation. • June 21, 2010, joint meeting with the Financial Commission to begin drafting the 2011 budget. • June 24, 2010, the 20 annual Brooklyn Center parade. He thanked the Lions for sponsoring the event, Parade Chairman Mike Meyer for his work, and commended Councilmember Yelich for entering the "green people - powered vehicle." • June 26, 2010, West Fire Station open house. • June 26, 2010, Relay for Life cancer benefit pancake breakfast at Applebee's. Councilmember Ryan announced the July 9, 2010, Relay for Life event and advised the web link is: www. relayforlife .org /brooklyncentemin. Mayor Willson reported on his attendance at the following: • June 15, 2010, Brooklyn Youth meeting and the work of the Executive Committee to provide recommendations on youth resources. • June 16, 2010, Visit Minneapolis North quarterly board meeting. • June 16, 2010, Riverwood Neighborhood Jerry Blarney picnic. He explained that Mr. Blarney was instrumental in creating the Riverwood Association, which has become a model for all neighborhood organizations. • June 18, 2010, Dudley Tournament where he threw out the ceremonial first pitch. • June 21, 2010, Financial Commission meeting to review the auditor's report. 06/28/10 -10- • June 24, 2010, Earle Brown Days parade. • June 26, 2010, he was honored to attend the retirement party for Dwayne Holmstrom who had served Brooklyn Center in the Police Department for 20 years. • June 26, 2010, enjoyed an evening stroll through the park. • June 28, 2010, WCCO quarterly Mayor's Report for Brooklyn Center. He advised that past WCCO interviews can now be viewed on the City's website. 12. ADJOURNMENT Councilmember Yelich moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:35 p.m. Motion passed unanimously. 06/28/10 -11- 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 June 28, 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 ouncil adopted said minutes at its Jul 12 2010 Regular Session. Y P Y g City Clerk Mayor 06/28/10 -12-