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HomeMy WebLinkAbout2011 05-23 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 MAY 23, 2011 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Pro Tern Kay Lasman at 6:02 p.m. ROLL CALL Mayor Tim Willson (arrived at 6:13 p.m.) and Councilmembers Carol Kleven, Kay Lasman, Tim Roche, 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, and Carla Wirth, Timesaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested discussion on Item 10d, Resolution Approving Development Agreement (Shingle Creek Crossing), specifically Section 6.5, Subordination of Agreement, and asked which agreements would be subordinate. City Manager Curt Boganey explained the language indicates the City understands that prior to mortgaging the development the improvements have to be built out, which will require a construction loan. Any loan the City has is subordinate to the construction loan. Then, when the project is complete, WalMart will have a mortgage on this land and the City's mortgage will become subordinate to that mortgage. Councilmember Ryan requested discussion on Section 4.8, Prevailing Wages; Underemployed ' Local Labor. He expressed concern about the potential for members of the Association of Building Contractors in Minnesota to evade paying prevailing wages through "friendship programs." Councilmember Ryan stated he did not want to subject the developer to too many conditions but perhaps the contract language could be revised to strike wording after subparagraph (a) or to change the last word of paragraph (a) from "or" to "and." Mayor Willson arrived at 6:13 p.m. Mr. Boganey explained that based on staff s conversations with the developer, the word "or" is what makes it acceptable to the developer and if that language is changed, it may be a deal breaker. Mr. Boganey advised the development agreement language was modeled after several projects in Minneapolis that were successful in achieving the major goals to hire local labor as much as possible, apprentices that needed to develop, and to work in cooperation with nonprofit colleges /schools that develop construction labor. 05/23/11 -1- Mr. Boganey explained the developer wants the flexibility to hire the lowest bid contractor that can get the job done. Mayor Willson stated the City needs to assure quality materials and project. Mr. Boganey concurred that will be the case. Councilmember Ryan stated the developer may hire one big general contractor for the project and union shops may be used. He referenced Section 4.8 relating to the use of apprentices and paying a lower wage than supported by the union. Mayor Willson noted that paying prevailing wage relates to the wage of the area, not just hiring union employees. Mr. Boganey stated he believed it will come down to what is happening in the market place; that who gets hired will reflect the competition in the market. Councilmember Roche requested discussion on Item 9a, Planning Commission Application No. 2011 -09 for Shingle Creek Crossing. He stated his support for revisions to the PUD Architectural Design Guidelines to change the wording of "should" and "may" to shall and "should be /are encouraged" to shall be required He noted this is a Town Center design so banners and flower pots are basic elements. Mr. Eitel stated staff and the developer are working on the final streetscape details. Councilmember Roche stated his strong support to require a fountain in the pond to provide aeration, cleanse the water, and create an icon outside the tower on Highway 100. In addition, it will enhance the site, provide curb appeal, and eliminate scum from the pond. Mayor Willson stated he does not find the information provided to comprise a complete package. - He asked what else needs to be included, such as the development plan. Mr. Eitel noted that advancement of the $1.4 million will be conditioned on the final plan, which will come before for EDA for approval. At that time, there will be discussion on banners, streetscaping enhancements, fountain, etc. Mr. Eitel explained the developer has indicated they will include a pond fountain but the project engineer has indicated that location is depressed about 10 feet so you may not be able to see the fountain. Mr. Eitel advised that the Council will be asked to approve every site plan as it goes forward along with a Planning Commission recommendation. The EDA will approve the site plan on the EDA's property prior to conveyance of that property. Mayor Willson asked whether this developer will show a good faith effort by July 1. Mr. Boganey explained that if everything on the agenda tonight is approved, nothing would preclude the developer from moving forward with the project to buy the land, close on that purchase, and start demolition of the building. It was noted that demolition will take several months to complete. Mayor Willson asked about the Sears Tolling Agreement and if it would be discussed at a closed session to''address possible court action. City Attorney Charlie LeFevere explained the meeting could be closed to ask questions or the matter can be discussed at the regular meeting. 05/23/11 -2- The Council discussed the Tolling Agreement and asked questions of staff regarding the best position for the City. Councilmember Ryan stated it appears the Council has some issues and asked if the Council is not better advised to take the matter into Executive Session to assure the City's position is not prejudiced. Mr. LeFevere stated discussion of the City's strategy, should a suit occur, would be best addressed in Executive Session. Mayor Willson noted that ten days advanced notice is required for demolition of some mall areas. Mr. LeFevere explained Gatlin does not have to give 10 days notice on the Macy's property but notice is required for the rest of the mall. Council consensus was reached to continue this discussion at the regular meeting. ADJOURNMENT Councilmember Roche moved and Councilmember Lasman seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 05/23/11 -3- 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 May 23, 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 June 13, 2011, Regular Session. City Clerk Mayor 05/23/11 -4-