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Home My WebLink About2011 03-28 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 MARCH 28, 2011 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 Carol Kleven, Tim Roche, Dan Ryan. Absent and excused was Councilmember Kay Lasman. 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, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Diane Sannes, 7006 Willow Lane, announced upcoming events, encouraged the Council to assure restaurants are part of the Shingle Creek Crossing project, and distributed preview copies of the "Shop Local" savings coupon booklet. Councilmember Roche moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:49 p.m. Motion passed unanimously. 2. INVOCATION At the request of Councilmember Roche, a representative of BAPS Shri Swaminarayan Mandir, 2300 Freeway Boulevard, provided an 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 7:01 p.m. 03/28/11 -1- 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Tim Roche, and Dan Ryan. Absent and excused was Councilmember Kay Lasman. 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, City Attorney Charlie LeFevere, 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 Roche moved and Councilmember Kleven seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. March 14, 2011 — Study Session 2. March 14, 2011 — Regular Session 6b. LICENSES MECHANICAL Alta Htg. and Plbg 19260 Mushtown Road, Prior Lake (dba Clearwater Plbg. & Htg.) Centerpoint Energy 9320 Evergreen Blvd., Coon Rapids Gorham Oien Mechanical, Inc. 841 E. Forest Avenue, Mora Infinity Heating and Air 1017 Meadowwood Dr., Brooklyn Park LBP Mechanical 315 Royalston Avenue N., Minneapolis Mike's Custom Mechanical, Inc. 3946 Central Avenue NE, Columbia Heights Minnesota Heating and Air 1070193 rd Avenue N., Maple Grove Quality Refrigeration, Inc. 6237 Penn Avenue S., Richfield Sedgwick Heating and Air 1408 Northland Drive, Mendota Heights RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE II — two-year license) 1600 69 Avenue N. Vo Hieu Passed with Weather Deferral 5916 Aldrich Avenue N. Hue Xiong 5914 Fremont Avenue N. Queena Sloan Passed with Weather Deferral 6828 Fremont Place N. Ali Sajjad 3701 Woodbine Lane Rose Blalock 03/28/11 -2- 5949 York Avenue N. Orrin Hager Passed with Weather Deferral RENEWAL (TYPE III — one -year license) 5603 Bryant Avenue N. Michael Skrogstad Passed with Weather Deferral 6006 Bryant Avenue N. Faheem Rizvi RENEWAL (TYPE II — two-year license) Evergreen Park Manor 7200 -7224 Camden Avenue N. Sean Bannerman Willow Lane Apartments 7015 -21 Brooklyn Boulevard Jason Quilling 7230 West River Road Nedim and Adisa Frlj Passed with Weather Deferral 4700 Lakeview Avenue Nancy Dahlquist Passed with Weather Deferral 4824 71 Avenue N. C & D Angell's Property Management Passed with Weather Deferral 6018 Admiral Place Lutheran Social Services of Minnesota Passed with Weather Deferral 5712 Logan Avenue N. Dwayne Meier 6901 Quail Avenue N. Lin Shuang, LLC RENEWAL (TYPE I — three-year license) 1100 69 Avenue N. Evangelical Lutheran Church of the Master 2401 -03 54 Avenue N. Karboy Properties LLC 3612 55 Avenue N. Lutheran Social Services of Minnesota 300663 d Avenue N. John & Anita Landry 2928 67 Lane N. Benjamin & Nicole Tramm 7142 France Avenue N. Deepak Nath 5401 Humboldt Avenue N William Brook Passed with Weather Deferral 6813 Humboldt Avenue N. B201 Stephanie Sinise Ford 6912 Unity Avenue N. Geri Williams Councilmember Ryan abstained from the approval of the minutes due to his absence at the March 14, 2011, meeting. Motion passed. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS None. 03/28/11 -3- 8. PUBLIC HEARINGS 8a. CONTINUED SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS, NUISANCE ABATEMENT COSTS, AND ADMINISTRATIVE FINES /CITATION COSTS City Manager Curt Boganey introduced the item and discussed the consideration at the last Council meeting when contested assessments were referred to staff for investigation. Assistant City Manager /Director of Building and Community Standards Vickie Schleuning reviewed that six property owners (5012 Lilac Drive, 5607 Aldrich Avenue N., 4806 Twin Lake Avenue, 5800 Ewing Avenue N., 1201 57 Avenue N., and 5931 Vincent Avenue N.) had appealed their assessment at the March 14, 2011, hearing. The City Council moved to continue the hearing and directed staff to investigate each appeal and prepared a report for its consideration. Ms. Schleuning presented a summary of staff's findings based on its investigation of each appeal including pictures of the violation, dates of inspection, notices given, and actions taken. She advised staff had followed the legal requirements as set forth by City Code and contacted both the owner and responsible party. It was noted that the assessment for 5800 Ewing Avenue N. had been removed since it was paid by the title company that processed the sale. Councilmember Ryan moved and Councilmember Kleven seconded to open the Public Hearing. Motion passed unanimously. Doug Wahl, 1845 Stinson Parkway, regarding 4806 Twin Lake Avenue., assured the Council that he did not know about the City's new requirements for rental properties until he was contacted by Housing and Community Standards Supervisor Anderson. He stated since he became aware of the regulations, all four of his rental properties were brought into compliance. Ed Doll, 1201 57 Avenue N., explained that the grass was the right height by the building but weeds popped up over several days under the tree. He stated they had sprayed the weeds once but did not want to spray too often because it is close to the street and storm gutter. Mr. Doll stated the weeds were cut before the reinspection and asked the Council to dismiss the assessment. Councilmember Roche moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2011 -48 CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Roche moved and Councilmember Kleven seconded to approve RESOLUTION NO. 2011 -48 Certifying Special Assessments for Weed Removal Costs to the Hennepin County Tax Rolls. 03/28/11 -4- The Council acknowledged its strategic goal to stabilize residential neighborhoods. Motion passed unanimously. 2. RESOLUTION NO. 2011 -49 CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Roche seconded to approve RESOLUTION NO. 2011 -49 Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 3. RESOLUTION NO. 2011 -50 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES /CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Roche seconded to approve RESOLUTION NO. 2011 -50 Certifying Special Assessments for Administrative Fines /Citation Costs to the Hennepin County Tax Rolls. Mayor Willson noted that property owners had appealed the assessments under consideration so the assessments were referred to staff for investigation and a report to the Council. Motion passed unanimously. 8b. MODIFICATION TO THE REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1 AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 5 THEREIN AND APPROVING A TAX INCREMENT FINANCING PLAN THEREFOR City Manager Curt Boganey introduced the item and reviewed the Council's past consideration of the proposed redevelopment by Gatlin Development of portions of the Brookdale Mall, to be known as Shingle Creek Crossing, and from the City's financial consultant and staff relating to financial assistance to facilitate this commercial redevelopment. It was noted the project would require the establishment of a redevelopment plan and creation of a financing district that would become Tax Increment Financing (TIF) District No. 5. Jenny Wolfe, Springsted, presented a summary of the Tax Increment Financing (TIF) Plan for TIF District No. 5, a renewal and renovation district for the Shingle Creek Crossing project. Councilmember Ryan stated the financials for this TIF project are rather complex and noted Walmart will receive no subsidy. He stated the City's financial consultant had verified that there is a need for subsidy for this project to move forward. Ms. Wolfe stated that is correct due to the 03/28/11 -5- extensive cost to prep and develop this site. It was noted that Mr. Gatlin is not willing to do this project without TIF assistance. Councilmember Ryan stated the amount of subsidy dollars are set conservatively and based on review of financials, the consultant determined the rate of return was not sufficient without TIF assistance. A conservative amount was determined under the TIF plan that puts the developer just into a reasonable rate of return. Ms. Wolfe responded affirmatively. Councilmember Roche stated this is the third or fourth time he has heard this presentation and found it very helpful to better understand the project. Mr. Boganey clarified that the development agreement specifically precludes any benefit to Walmart and the agreement between Gatlin Development and Walmart indicates that Walmart will be a significant contributor to other improvements in the project with infrastructure, daylighting of Shingle Creek, and lighting. Councilmember Roche moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Donald Jackson, 608 North Oaks Drive, Osseo, asked how stores will be selected and how soon the project will proceed, once approved. Councilmember Ryan moved and Councilmember Kleven seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2011 -51 APPROVING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1 AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 5 THEREIN AND APPROVING A TAX INCREMENT FINANCING PLAN THEREFOR Councilmember Ryan moved and Councilmember Kleven seconded to approve RESOLUTION NO. 2011 -51 Approving a Modification to the Redevelopment Plan for Housing Development and Redevelopment Project No. 1 and Establishing a Tax Increment Financing District Therein and Approving a Tax Increment Financing Plan Therefor. In response to the question raised by Mr. Jackson, Mr. Eitel indicated that Gatlin Development is proposing a phased approach over three years and has retained Mid America as its local marketing agent. It is expected the PUD, site plan, and preliminary platting will be completed by the end of April. Demolition will proceed in May /June and development will begin in July /August. Mr. Eitel stated Phase I improvements will be completed in 2012 with the balance of the site maintained in a green passive state while awaiting development, which will be market driven. 03/28/11 -6- Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2011 -006 SUBMITTED BY TODD SHAW FOR PRECISION MACHINE, INC. REQUEST FOR PUD AMENDMENT APPROVAL TO REZONE 1700 FREEWAY BOULEVARD FROM I -1 (INDUSTRIAL) TO PUD/I -1 (PLANNED UNIT DEVELOPMENT/ INDUSTRIAL) TO FACILITATE AN EXPANSION OF THE PARKING LOT AND REPURPOSING OF THIS INDUSTRIAL BUILDING FROM WAREHOUSING TO MANUFACTURING Mr. Eitel provided an overview of Planning Commission Application No. 2011 -006 to relocate an existing manufacturing use into the vacant industrial building at 1700 Freeway Boulevard and use of the Planned Unit Development (PUD) ordinance to establish flexibility in allowing expansion of the existing one -way angled parking to a double sided parking lot with a relocation of the driveway unto James Avenue. It was noted that this vacant office /warehouse building would be repurposed with minimal parking lot revision for a manufacturing facility that has been in Brooklyn Center since the 1950s. Presently they have 100 employees, operate two shifts, and this application will accommodate anticipated growth. Mr. Eitel advised of the Planning Commission's consideration and unanimous recommendation for approval of the requested PUD amendment subject to three conditions as detailed in the resolution. 1. RESOLUTION NO. 2011 -52 REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -006 SUBMITTED BY TODD SHAW FOR PRECISION MACHINE, INC. (1700 FREEWAY BOULEVARD) Councilmember Roche moved and Councilmember Kleven seconded to approve RESOLUTION NO. 2011 -52, Regarding the Disposition of Planning Commission Application No. 2011 -006 Submitted by Todd Shaw for Precision Machine, Inc. (1700 Freeway Boulevard) The Council indicated that while it is aggressive in the redevelopment of the City, it does not want to exclude companies that have been in Brooklyn Center for years. The Council extended its appreciation to Precision Machine for deciding to expand its business in Brooklyn Center and complemented the owners on the site's landscaping. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS None. 03/28/11 -7- 11. COUNCIL REPORT Councilmember Roche announced the April 2, 2011, Northwest Suburban Remodeling Fair that will take place at the Crystal Community Center and offers free workshops. Councilmember Kleven reported on her attendance at the following: • March 15, 2011, Housing Commission meeting to discuss goals and determination to start a Welcome Wagon • March 17, 2011, Planning Commission meeting • March 17, 2011, visit to Odyssey School where she viewed science projects and enjoyed a chili contest dinner • March 19, 2011, District 281 Middle School Spelling Bee where she was a judge Councilmember Ryan reported on his attendance at the following: • March 12 -16, 2011, National League of Cities Congressional Conference in Washington, D.C. that he attended with Councilmember Lasman and reported on meetings and training sessions attended • March 24, 2011, League of Minnesota Cities State Capitol Conference Mayor Willson reported on his attendance at the following: • March 22, 2011, he met with Precision Machine owners, toured its facility, and learned of its plans for expansion. Mayor Willson thanked Precision Machine for staying in Brooklyn Center to expand its business • March 26, 2011, Royal Laotian Armed Services Ceremony held in St. Paul in remembrance of those who fell during the Vietnam War. 12. ADJOURNMENT Councilmember Roche moved and Councilmember Kleven seconded adjournment of the City Council meeting at 8:13 p.m. Motion passed unanimously. 03/28/11 -8- 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 March 28, 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 April 11, 2011, Regular Session. City Clerk . Mayor 03/28/11 -9-