HomeMy WebLinkAbout2011 01-24 CCM Study 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
STUDY SESSION
JANUARY 24, 2011
CITY HALL — COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson
at 6:00 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche (arrived at
6:02 p.m.), and Dan Ryan. Also present were City Manager Curt Boganey, 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,
Police Chief Kevin Benner, City Clerk Sharon Knutson, and Carla Wirth, Timesaver Off Site
Secretarial, Inc. and another police officer
Others present: City Prosecutor Bill Clelland and Financial Consultant Bob Thistle.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Kleven presented a request to make corrections to the Work Session minutes of
January 10, 2011. Mayor Willson explained the types of minute corrections considered by the
Council and advised the minutes are to reflect the essence of the meeting rather than a verbatim
transcript.
Councilmember Ryan confirmed his support to reconsider the Sterling Square revocation and
indicated, as the record reads, he had not supported a 12 -month revocation but had voiced
support for a 6 -month revocation. He indicated the Work Session minutes correctly reflect his
comments.
It was the majority consensus of the City Council to accept the following correction to the
January 10, 2011 Work Session minutes.
Page 4
Councilmembers /Commissioners Lasman Kleven, and Ryan and Mayor /President
Willson indicated they would support reconsideration subject to all requirements being
met.
Councilmembers /Commissioners Roche and Kleven indicated they he would not support
reconsideration.
01/24/11 -1-
City Manager Curt Boganey requested Item 6, Consent Agenda, be amended to remove rental
properties 5548 Dupont Avenue N. and 6813 Humboldt Avenue N., Unit B201, to allow time for
additional staff review.
Mr. Boganey requested discussion on Item 10b, Hearing for Kelly McDole, 7219 Major Avenue
North, Regarding Potentially Dangerous Dog Declaration, and reported Mr. McDole had
telephoned indicating he may not be able to attend the meeting tonight due to a work conflict. It
was indicated that it is at the Council's discretion whether to consider this item or continue to a
future meeting.
Mr. Boganey referenced the notation on the EDA agenda that it may adjourn to closed Executive
Session to discuss the land sale; however, if that discussion is not necessary tonight it could
occur at a future Executive Session.
MISCELLANEOUS
Councilmember Lasman asked whether the parade route would include Dupont Avenue. Public
Works Director /City Engineer Steve Lillehaug reported the Event Chair contacted him to discuss
this matter and indicated they will make it work to use Dupont Avenue.
Councilmember Lasman asked whether Shingle Creek Parkway will be improved on the other
side of the bridge. Mr. Lillehaug advised that Shingle Creek Parkway from Freeway Boulevard
to the Public Works garage and the Shingle Creek bridge will be improved this year in
conjunction with the Unity project. He noted the Unity project requires a Public Hearing
because it will be assessed.
Councilmember Lasman requested an explanation of the potential for serial meetings to result in
an open meeting violation even if attended by fewer than a quorum. City Attorney Charlie
LeFevere advised there have not been any cases where the court has found a violation of open
meeting law due to serial meetings; however, a violation would occur should two members meet
and agree to a certain vote and then hold additional serial meetings with other members to garner
votes.
The Council acknowledged that it is very cautious, whether on telephone calls, e -mail, or
conversations with other Members, to not discuss City business or poll positions. Mr. LeFevere
agreed it is best to err on the side of caution.
Councilmember Roche referenced a recent newspaper article about a School District getting
"good marks." In an effort to rebrand Brooklyn Center to attract young families, he encouraged
the Council to consider methods to align and identify the City with Districts that are successfully
passing referendums.
Mayor Willson explained that in the past, Brooklyn Center had approached its legislators about
expanding the Brooklyn Center District to the City's borders but District boundaries had never
before been redrawn. However, now a south metro district is considering that action and if
01/24/11 -2-
successful, it may have far reaching impacts. Mayor Willson stated he is not advocating one way
or the other but did agree it is difficult to create "community" with Brooklyn Center students
who attend school in other municipalities.
The majority consensus of the City Council was to direct staff to place this item and discussion
of the School District retreat on a future Work Session agenda.
Councilmember Ryan and Mayor Willson indicated the were favorably impressed with
Y Y Y Y p
moderator Professor Roger Warner from St. Cloud during the School District 286 goal setting
retreat and looked forward to receiving the report from that retreat.
Councilmember Lasman noted a Council representative used to attend area School District
meetings and report back on their activities as a way to "keep a finger on the pulse." She stated
the Robinsdale School District notifies of its meeting and suggested the City ask to be included
on the meeting roster of other Brooklyn Center School Districts.
Mr. Boganey stated he participates in the Osseo School District strategic planning process that
started four years ago and will inform the Council of that process.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
MINNESOTA STATUTE 273.128 4d RENTAL PROPERTIES — ANNUAL REPORT
Mr. Boganey introduced the annual report with respect to apartments that fall under the 4d
classification. It was noted that apartments that exceed 25% police calls for service average have
to participate in certain levels of crime prevention training in order to maintain that reduced tax
status.
The Council discussed the Crime Free Multi- Housing (CFMH) program, noting that as of today
only Unity Place is required to meet the mandates at this time. Garden City does not exceed the
25% police calls for service criteria and Gateway Commons is no longer a 4d property.
Mr. Boganey explained this program promotes more affordable housing and Representative
Hilstrom had introduced legislation that put the tax status in jeopardy for properties where police
calls exceeded the average by more than 25 %. Mayor Willson commented that it is great the
City's Representatives were able to work on this bill to create better living conditions in
Brooklyn Center.
HOUSING IMPROVEMENT ASSOCIATION DRAFT PROCEDURES
Mr. Boganey introduced the item, noting that the Council had asked staff to draft procedures to
create housing improvement areas that provided the funding to make improvements to common
townhome areas.
01/24/11 -3-
3
Bob Thistle, Financial Consultant, presented the policy outline and advised of other cities that
had already implemented this program. The program objective is long -term maintenance and
stabilization within the community, to eliminate code violations, reduce the number of calls to
townhouses, maintain and increase home ownership instead of absentee rentals, reduce service
costs for the City, and to maintain the tax value and rate. Mr. Thistle advised that the State law
guidelines are very specific that the townhome show it had tried and failed to get private
financing and demonstrate that through at least two letters of rejection from financial institutions.
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Councilmember Lasman moved and Councilmember Roche seconded to close the Study Session
at 6:45 p.m.
Motion passed unanimously.
RECONVENE STUDY SESSION
Councilmember Lasman moved and Councilmember Roche seconded to reconvene the Study
Session at 6:46 p.m.
Motion passed unanimously.
HOUSING IMPROVEMENT ASSOCIATION DRAFT PROCEDURES — CONTINUED
Mr. Thistle advised that to provide a comfort level that there is support, the petition would
require at least 56% of the association home owners, which is higher than the statutory
requirement. The financing will be the minimum length needed and not to exceed 15 years. The
life expectancy of the project must be at least 120% of the term of the bonds and a guarantee
must be tied back to the property in assets, special assessments, or some vehicle to secure the
City in case payments are stopped so the City can recoup its costs. Those guarantees must be at
least equal to the debt service. Mr. Thistle stated the documents would be reviewed by the City's
bond counsel to assure due diligence, bids by qualified engineers, and a quality project is
completed. All of the costs incurred by the City on behalf of the project will be reimbursed so
the City is not subsidizing the project.
Councilmember Kleven asked if the City could increase association fees if the association stops
repaying the project. Mr. Thistle stated fees can be increased or an internal special assessment
placed on each property in the association. Councilmember Kleven noted if the association fee is
increased too high, renters may vacate the premises, making it more difficult to repay. Mr.
Thistle explained the analysis conducted by the City's financial advisors will address whether the
project is feasible and the improvements made are realistic.
The Council discussed the need for a comprehensive inspection to assure there are no additional
structural defects. Mr. Thistle stated the City will want to assure the financial analysis is done by
a consultant who works for the City and also considers the structure and mechanicals.
01/24/11 -4-
Councilmember Roche stated he is fundamentally in favor of this program since it will stabilize
residential neighborhoods and promote home ownership.
Mr. Boganey noted the policy requires the association to pay all third party costs by the City for
this program, including the financial analysis or consultant to inspect the building.
Councilmember Lasman commented on the significance that a waiver of veto rights would be
required.
It was the majority consensus of the City Council to direct staff to schedule this topic at a regular
meeting for action.
ADJOURNMENT
Councilmember Roche moved and Councilmember Ryan seconded to close the Study Session at
6:58 p.m.
Motion passed unanimously.
01/24/11 -5-
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 Study
Session of the City Council of the City of Brooklyn Center held on January 24, 2011.
2. That said meeting was held pursuant to due call and notice thereof and was duly held at
Brooklyn Center City Hall.
3. That the City Council adopted said minutes at its February 14, 2011, Regular Session.
1+
City Clerk Mayor
01/24/11 -6-