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Home My WebLink About2013 11-12 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 NOVEMBER 12,2013 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, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Finance Director Greg Andrews, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere,and Mary Mullen, TimeSaver Off Site Secretarial,Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan gave a reflection in memory of former Brooklyn Center Mayor Phil Cohen who died on November 3, 2013. The memorial service for Mr. Cohen last week was held at Brooklyn Center High School and was attended by many friends and loved ones. Mr. Cohen exemplified a commitment to lifelong public service. Councilmember Ryan read a series of quotes that were presented at the memorial service in honor of Mr. Cohen. He asked for a moment of silence in memory of"Mr. Brooklyn Center," Phil Cohen. 3. CALL TO ORDER REGULAR BUSINESS MEETING 11/12/13 -1- 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 Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Finance Director Greg Andrews, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere,and Mary Mullen,TimeSaver Off Site Secretarial,Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Kleven seconded to approve the Agenda and Consent Agenda as amended, with amendments to the Regular Session minutes and EDA Meeting minutes of October 28,2013, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. October 21,2013—Joint Work Session with Financial Commission 2. October 28, 2013—Study Session 3. October 28,2013—Regular Session 4. October 28,2013—Work Session 6b. LICENSES GARBAGE HAULER Jate Mies, Inc. 8289 Mississippi Boulevard, Coon Rapids MECHANICAL Cashion HVAC Services 4148 Jansen Avenue NE, St. Michael Dean's Professional Plumbing, Inc. 7400 Kirkwood Court N, Maple Grove Faircon Service Company 764 Vandalia Street, St. Paul JR Crew Enterprises, 26148 Newton Circle,Elko dba So Metro Plumbing RENTAL INITIAL (TYPE III—one-year license) 1507 Humboldt Place N. Kyan(Jimmy)Hui INITIAL (TYPE II—two year license) 2307-09 54h Avenue N. James Johnson 3612 Commodore Drive Natan Zadik—Invitation Homes 11/12/13 -2- 5121 France Avenue N. Natan Zadik—Invitation Homes 5230 Great View Avenue JDA Group LLC 5443 Logan Avenue N. Kin Chew RENEWAL (TYPE III—one-year license) 5937 Abbott Avenue N. Mark Crost 6936 Grimes Avenue N Pa Her Missing two ARM meetings and CFHC 1537 Humboldt Place N. ShoeMiller Properties LLC Missing two ARM meetings 4906 Zenith Avenue N. Philip Scaia RENEWAL (TYPE II-two-year license) 5137-39 France Avenue N. Matthew May 7218 West River Road Arlene Johnson 5201 Drew Avenue N. Ahmed Omar 1513 Humboldt Place N. ShoeMiller Properties LLC 1555 Humboldt Place N. ShoeMiller Properties LLC 6342 June Avenue N. Dave Swartout 3319 Mumford Road William Coleman 7021 Unity Avenue N. Geri Lynn Williams 7156 Unity Avenue N. Michelle Shaffer RENEWAL (TYPE I-three-year license) 5347-53 Brooklyn Boulevard Randall Cook 2100 55h Avenue N. Cindy and Raymond Scherbing 3306 65t'Avenue N. Yahya Osman 5412 70'x'Circle Swendia LLC 5300 France Avenue N. Mounira Adam 4201 Lakeside Avenue#117 Becca Jones 5112 Paul Drive Ronald Martin 6908 Unity Avenue N. Xingfu Chen SIGNHANGER Mathey Sign&Design 831 Coon Rapids Boulevard, Coon Rapids 6c. RESOLUTION NO. 2013-131 ESTABLISHING THE INTEREST RATE FOR 2014 SPECIAL ASSESSMENTS 6d. RESOLUTION NO. 2013-132 ESTABLISHING 2014 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES 6e. RESOLUTION NO. 2013-133 AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PARTICIPATION IN THE ROADSIDE ENHANCEMENT PARTNERSHIP PROGRAM FOR THE BROOKLYN BOULEVARD/HIGHWAY 100 BRIDGE RECONSTRUCTION PROJECT 11/12/13 -3- BETWEEN HENNEPIN COUNTY AND THE CITY OF BROOKLYN CENTER Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS —None. 8. PUBLIC HEARINGS 8a. MODIFICATION TO THE REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1, AND MODIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 3, AND ADOPTING A MODIFIED TAX INCREMENT FINANCING PLAN THEREFOR City Manager Curt Boganey reviewed the proposed modifications. He introduced Tom Denaway of Springsted Incorporated, the City's financial consultants. Mr. Denaway gave a formal presentation to the City Council outlining the proposed Tax Increment Plan amendment. He added that TIF District #3 consists of three distinct areas within the Housing Development and Redevelopment Project No. 1. Mr. Denaway stated the adjustment of budget is being proposed to account for updated project costs as well as estimated revenue sources. He added the TIF plan creates the authority for future actions to be taken without undertaking the statutory process for modification, and allows for flexibility going forward. Mr. Denaway stated the proposed future projects for funding are a number of land purchases. He reviewed the parcels that are being considered for purchase: Lot 1, Block 1 Brookdale Square 2nd Addition; 6031 Brooklyn Boulevard; Lot 1, Block 1 Chrysler Motor 2nd Addition; and 6245 Brooklyn Boulevard. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. There were no comments. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2013-134 APPROVING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND 11/12/13 -4- REDEVELOPMENT PROJECT NO. 1, AND A MODIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 3, AND ADOPTING A MODIFIED TAX INCREMENT FINANCING PLAN THEREFOR Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adoption of RESOLUTION NO. 2013-134 Approving a Modification to the Redevelopment Plan for Housing Development and Redevelopment Project No. 1, and a Modification of Tax Increment Financing District No. 3, and Adopting a Modified Tax Increment Financing Plan Therefor. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2013-022 SUBMITTED BY AVIS-BUDGET GROUP. REQUEST FOR SPECIAL USE PERMIT APPROVAL TO ALLOW BUDGET RENTAL TRUCKS TO BE STORED AND LEASED FROM THE EXISTING AVIS AUTO RENTAL FACILITY, LOCATED IN THE SEARS AUTOMOTIVE CENTER BUILDING AND PROPERTIES. , Director of Business and Development Gary Eitel provided an overview of Planning Commission Application No. 2013-022. He noted the City Council requested that staff present findings and a resolution to consider denial of the application. He noted the City Council had expressed concerns regarding the compatibility of this Special Use Permit with the overall PUD for the Shingle Creek Crossing site, and staff has provided findings for denial City Attorney Charlie LeFevere stated that while the staff had prepared the resolution, the City Council could amend or expand it, as it is intended to be a reflection of the City Council's decision. Mayor Willson asked whether other vehicles parked in this parking area can be addressed under this same application. Mr. 'LeFevere stated it would be necessary to resolve that issue in a separate action. Councilmember Ryan expressed his support of the resolution as presented by staff, adding it expresses the sentiments and meets the expectations of the City Council. Mayor Willson and the rest of the City Council concurred. 1. RESOLUTION NO.2013-135 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO.2013-022 SUBMITTED BY AVIS BUDGET GROUP,INC.FOR A SPECIAL USE PERMIT TO PARK AND LEASE BUDGET RENTAL TRUCKS AT THE AVIS RENT-A CAR/SEARS AUTOMOTIVE CENTER,LOCATED AT 1299 SHINGLE CREEK CROSSING(FORMERLY 1299 BROOKDALE CENTER) Councilmember Ryan moved and Councilmember Myszkowski seconded adoption of RESOLUTION NO. 2013-135 regarding the disposition of Planning Commission Application 11/12/13 -5- No. 2013-022 Submitted by Avis-Budget Group, Inc. for a Special Use Permit to Park and Lease Budget Rental Trucks at the Avis Rent-A-Car/Sears Automotive Center, Located at 1200 Shingle Creek Crossing (Formerly 1299 Brookdale Center). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON PARK AND RECREATION COMMISSION Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to ratify the Mayoral nomination of Travis Bonovski, 5540 Emerson Avenue N., to the Park and Recreation Commission with term to expire December 31,2016. Motion passed unanimously. 10b. RESOLUTION NO. 2013-136 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $4,920,000 GENERAL OBLIGATION BONDS, SERIES 2013B Mr. Boganey introduced the resolution that provides for issuance of general obligation bonds, which is typically done every two to three years by the City Council. These funds will reimburse the City for costs involved in the street reconstruction portion of the City's Redevelopment Plan. He introduced Interim Finance Director Greg Andrews. Mr. Andrews gave a brief presentation on the City's efforts to finance street and utility improvements, specifically three projects: Palmer Lake East neighborhood and Unity Avenue, both authorized by the City Council in 2011; and Kylawn Park area, authorized by the City Council in 2013. He reviewed the costs associated with each project. He noted the projects were financed using franchise fees,but assessments are still outstanding on the projects. Mr. David MacGillivray, P g S rin sted Financial Consultants reviewed the structure of the bonds sale, as well as timing and necessary Council action. He added the City Council's action sets a date for competitive bids to be taken. He noted the City currently has AA bond rating. Councilmember Ryan thanked Mr. Andrews and Mr. MacGillivray for their presentations. He asked whether the City's good bond rating is due to low general debt levels. He added additional funds are available as a result of the retirement of outstanding police and fire improvement bonds. Mr. MacGillivray stated the City's TIF financing is provided by general property taxes, which is favorable to credit ratings. Mayor Willson stated the available capital keeps the program moving forward. He stressed the importance of the City Council's work on infrastructure restoration. 11/12/13 -6- Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded adoption of RESOLUTION NO. 2013-136 providing competitive negotiated sale of$4,920,000 General,Obligation Improvement Bonds, Series 2013B. Motion passed unanimously. 10c. RESOLUTION NO. 2013-137 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $6,090,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2013A Mr. Eitel reviewed this item, related to the negotiated sale of bonds as discussed earlier, which allows for funding the acquisition of certain properties. He stressed that the challenges associated with the development of Brooklyn Boulevard in recent years will become significantly easier because of these acquisitions. Mayor Willson introduced Ms. Jenny Boulton, Associate with Kennedy & Graven and Legal Counsel for the City. Councilmember Ryan asked whether the TIF Districts would be in a position to retire in 2021 per statutory requirement. Ms. Boulton stated the project increment is more than sufficient using conservative estimates, and will be available for other projects, even with existing obligations. Mayor Willson stated the proposed Council as well as City staff has worked very hard over the past several years to stimulate redevelopment in this area. Councilmember Myszkowski moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2013-137 providing competitive negotiated sale of $6,090,000 General Obligation Improvement Bonds, Series 2013A. Motion passed unanimously. 10d. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6713 COLFAX AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 6713 Colfax Avenue North was inspected and 15 property code violations were cited and ultimately corrected. This property qualifies for a Type IV six-month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan and all applicable ordinances. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to open the public hearing at 8:04 p.m. 11/12/13 -7- Motion passed unanimously. Donald Speese, the property owner, stated he would like the City Council to consider granting a one-year license since he only recently purchased the property, and he has corrected all the code violations. Mayor Willson stated there is a set process for consideration of rental licenses, and in any case, the property owner could request a review in 6 months, and potentially be considered for another type of license. Mr. Speese introduced the home's current occupants, the Reverend King and his wife Jacqueline King. Councilmember Myszkowski asked Mr. Speese for clarification regarding the nature of his organization, which is called Neighborhood Youth Community Development, and specifically the use of "youth" in the name. Mr. Speese stated his organization is a non-profit that buys properties for renovation and rental,but is not specifically linked to any youth organization. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the hearing at 8:10 p.m. Motion passed unanimously. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6713 Colfax Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10e. CONSIDERATION OF TYPE 1V 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5111 DREW AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5 111 Drew Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 11. COUNCIL REPORT 11/12/13 -8- Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • October 29, 2013, Latino Cultural Night at Brooklyn Center High`School • October 29, 2013, Open House at 5610 Humboldt Avenue North, previously vacant home renovated by the City in partnership with Greater Metropolitan Housing Consortium. Funding provided by Federal Neighborhood Stabilization Program. The City has rehabilitated 10-12 homes and plans to complete a total of 50 homes under this program. For more information, contact Building and Community Standards Dept. (763-569-3330) • November 1, 2013, Youth Homeless Initiative's Spaghetti Dinner • November 9, 2013, memorial service for former mayor Phil Cohen at Brooklyn Center High School Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: • October 29, 2013, Latino Cultural Night at Brooklyn Center High School • October 29, 2013, Open House at 5610 Humboldt Avenue North • October 30,2013,Planning Commission meeting-cancelled due to lack of quorum • November 1,2013, Youth Homeless Initiative's Spaghetti Dinner • November 2, 2013, Autism information meeting hosted by Brooklyn Center Police and the Minnesota Autism Center • November 3, 2013, Lions Waffle breakfast • November 4, 2013, Loaves and Fishes program at Lutheran Church of the Master- serving supper to over 100 people on Monday and Wednesday nights • November 6, 2013, Robbinsdale Middle School Spaghetti Dinner fundraiser • November 9,2013, Odyssey School Health Fair and pancake breakfast • November 9,2013,memorial service for Phil Cohen • November 12,2013,Brooklyn Center Ladies Luncheon • November 15 and 16, 2013, Sportsnews Productions' Sports Collectibles Convention, Earl Brown Center. More information is available at www.sportsnewsshows.com • November 28,2013,Happy Thanksgiving Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • October 29,2013, Latino Cultural Night at Brooklyn Center High School • October 29, 2013, Open House at 5610 Humboldt Avenue North • November 1, 2013, Youth Homeless Initiative's Spaghetti Dinner • November 3,2013,Lions Waffle breakfast • November 5, 2013, voted in general election • November 9, 2013, memorial service for Phil Cohen • November 9, 2013, director Steve McQueen attended a viewing of his film "12 Years a Slave"at Regal Cinema • November 12, 2013, Achieve Mpls Education Partners Luncheon; guest speaker San Antonio Mayor Julian Castro: "Building Brainpower Cities" 11/12/13 -9- Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • October 29, 2013,visited with Phil Cohen at North Memorial Hospice • October 29, 2013, Open House at 5610 Humboldt Avenue North • November 1, 2013, Youth Homeless Initiative's Spaghetti Dinner • November 3, 2013, Lions Waffle breakfast • November 4,2013,Brooklyn Center Business Association Executive Meeting • November 9, 2013,memorial service for Phil Cohen • November 30, 2013, Cub Foods Blood Drive, 10-4pm, all donors receive $5 Cub gift card and Red Cross t-shirt Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • November 7, 2013, Meeting with Brooklyn Bridge Alliance for Youth Director Rebecca Gilgen. She will represent the organization in Seattle at the National League of Cities' Annual Conference (November 13-16, 2013) • November 9, 2013,memorial service for Phil Cohen, "Mr. Brooklyn Center" • November 11, 2013,met with owners of Mr. BBQ • November 11, 2013,began inoculations for upcoming trip to Liberia • November 11, 2013, spoke to Boy Scout Troop 403 at Cross of Glory Church: "what it means to be a good citizen" • November 15, 2013, visit to Earle Brown Elementary School with State Senator Chris Eaton, invited by fourth grade teacher Ms. Jody Vaillancourt to speak to her students about how government works • November 15, 2013,Liberian Dinner celebrating Liberian interests 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 8:30 p.m. Motion passed unanimously. 11/12/13 -10- 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 November 12, 2013. 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 November 25, 2013, Regular Session. City Clerk Mayor 11/12/13 -11-