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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-