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Home My WebLink About2013 11-25 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 25,2013 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, Finance Director Nate Reinhardt, Interim Finance Director Greg Andrews, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, 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 Kleven moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Myszkowski gave an invocation recognizing the tragic accident in which a Brooklyn Center mother and five children whose car plunged into a St. Louis Park storm water retention pond this past week. She expressed gratitude toward all who have provided and continue to provide support to the Brooklyn Center family. She noted this is an indication of the level of humanity within the community. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 11/25/13 4- 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, Finance Director Nate Reinhardt, Interim Finance Director Greg Andrews, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial,Inc. 5. FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony was conducted by Brooklyn Center Boy Scout Pack 403. The Boy Scouts led recitation of the Pledge of Allegiance. Mayor Willson thanked the Boy Scouts for their attendance and participation, adding the ceremony was thoughtfully and carefully done. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adoption of the Agenda and Consent Agenda, as amended, with amendments to the Regular Session minutes of November 12, 2013, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. November 12,2013 —Study Session 2. November 12, 2013 —Regular Session 3. November 18, 2013 —Joint Work Session with Financial Commission 6b. LICENSES CHRISTMAS TREE SALES PQT Company dba Rum River Tree Farm 5040 Brooklyn Boulevard MECHANICAL Swift Mechanical, Inc. 3404 Victoria Street N., Shoreview RENTAL INITIAL (TYPE II—two-year license) 5337 Queen Avenue N. Thanh Oan 6816 Bryant Avenue N. Ebizimo Nagberi 5607 Halifax Avenue N. Kane Buss 5524 Knox Avenue N. Michael Ude 7125 Kyle Avenue N. Prosperous Property LLC 4706 Wingard Lane Tracy Hinkemeyer RENEWAL (TYPE III—one-year license) 11/25/13 -2- 6101 Beard Avenue N. Jeffrey Huge No ARM and no CPTED Follow-Up 5800, 5830 Logan Avenue N. (The Lilacs) Farnaz Toussi 4006 61s'Avenue N. Chue Thaow 6844 Fremont Place N. Abideen Ajibola/AMAS Investments No CPTED Follow-Up 5924 June Avenue N. Tou Vue 7212 Lee Avenue N. Qiang Fang RENEWAL (TYPE II—two-year license) 5316-20 Russell Avenue N. Daniel Hedlund 6819 Humboldt Avenue N.,A102 New Concepts Management 5730 June Avenue N. David Holt RENEWAL (TYPE I—three-year license) 6837 Regent Avenue N. Oliver Nihart-Arango 7009 Unity Avenue N. Bakary Fatty 7180 Unity Avenue N. Yue Liu SIGNHANGER Fish and Labeau Signs, Inc. 9350 County Road 19, Corcoran Signcrafters Outdoor 2405 Annapolis Lane,Plymouth 6e. RESOLUTION NO. 2013-138 AUTHORIZING THE EXECUTION OF A COOPERATIVE CONSTRUCTION AGREEMENT FOR BRIDGE NOS. 27038, 27038A AND 27038B LOCATED ON TH 100 AT BROOKLYN BOULEVARD (C.S.A.H. 152) BETWEEN THE STATE OF MINNESOTA (MnDOT)AND THE CITY OF BROOKLYN CENTER 6d. AN ORDINANCE VACATING PART OF THE STREET EASEMENT (JAMES CIRCLE NORTH) AT 6405 AND 6415 JAMES CIRCLE NORTH, IN REGSTERED LAND SURVEY NUMBER 1482 (DENNY'S RESTAURANT AND DAYS INN HOTEL) —MOTION TO CALL PUBLIC HEARING AND SET SECOND READING FOR JANUARY 13,2014 6e. 2014 CITY COUNCIL MEETING SCHEDULE 6f. APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS CHURCH, 7025 HALIFAX AVENUE NORTH, FOR A SOCIAL EVENT TO BE HELD FEBRUARY 15,2014 Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS —None. 11/25/13 -3- 8. PUBLIC HEARINGS —None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2013-020 SUBMITTED BY GATLIN DEVELOPMENT COMPANY. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR REDEVELOPMENT OF THE FORMER BROOKDALE MALL FOOD COURT AREA, WHICH IS PART OF THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (1300 SHINGLE CREEK CROSSING) Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2013-020 and advised the Planning Commission recommended approval of the application at its November 14, 2013, meeting. Mr. Benetti stated the site plan has gone through multiple amendments, including separation of the food court from the Sears Building, two stand-alone restaurant sites, replatting of Building D, and shifting of lot lines as well as an increase in building pads. He added Buildings R and T are not included in the site plan. Mr. Benetti answered questions of the City Council regarding the request for site and building plan approval. Councilmember Ryan stated the east wall of Building 7 is depicted in the proposal diagrams with alternative siding for aesthetic purposes, in lieu of Building 8 construction. He added any such siding should be done consistently with the architectural integrity of the other buildings in Shingle Creek Crossing. Mr. Benetti agreed, adding staff wants to ensure that area is not neglected, and full site architecture is required by their agreement with the City. Councilmember Lawrence-Anderson stated, in the Planning Commission minutes, page 9, there was discussion regarding public dissatisfaction if the proposed landscape berm is removed from the site plan. Mr. Benetti stated there was general concern from City staff and Planning Commissioners regarding this issue, and the developer has agreed to build a nice landscaping berm. He added the landscape plantings can be moved in case of potential future development at that location. Councilmember Ryan asked whether the retail square footage requirement will be met if Buildings 8, 9, and 10 are not added at some point. Mr. Benetti stated the developer will be required to obtain City Council approval for reduction of allotted square footage under the PUD. He added, however, staff is confident that development will continue throughout the project area, and a reduction will not be necessary. Commissioner Myszkowski asked whether there was a discussion regarding the proposed silk screen building fagade, similar to the silk screen used at the West End shopping area in St. Louis 11/25/13 -4- Park. Mr. Benetti stated that option was discussed but the Planning Commission had a neutral response. He added he went to see the West End fagade with Business and Development Director Gary Eitel, and it is a huge vinyl banner wrapped around the building. He noted, after discussions with the developer, staff felt significant landscaping, including an attractive berm, would be more appropriate for the proposed site plan. Councilmember Myszkowski stated the silk screen fagade is creative and inviting. She expressed concern that the location may not be developed if things change for the developer, and the proposed building is not completed. Mr. Benetti stated the silk screen fagade is an interesting concept, but such enhancements are costly, and in this case, the landscape plan is a fair alternative. Councilmember Myszkowski stated she is not opposed to the berm, but expressed her appreciation of the atmosphere and appearance of the West End shops. 1. RESOLUTION NO. 2013-139 REGARDING PLANNING COMMISSION APPLICATION NO. 2013-020 SUBMITTED BY GATLIN DEVELOPMENT COMPANY FOR SITE AND BUILDING PLAN APPROVAL FOR REDEVELOPMENT OF THE FORMER BROOKDALE MALL FOOD COURT AREA, WHICH IS PART OF THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (1300 SHINGLE CREEK CROSSING) Councilmember Myszkowski moved and Councilmember Ryan seconded adoption of Resolution No. 2013-139 Approving Redevelopment of the Former Brookdale Mall Food Court Area, which is Part of the Shingle Creek Crossing Planned Unit Development(13 00 Shingle Creek Crossing). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2013A AND GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013B Mr. Boganey introduced the City's new Finance Director, Nate Reinhardt, and invited him to address the City Council. Mr. Reinhardt reviewed two resolutions for bond issuance and sale, to be used for redevelopment projects including the purchase of two properties in the Brooklyn Boulevard corridor. He added improvement bonds will be used to reimburse the City for a portion of three street reconstruction projects: Palmer Lake East; Unity Avenue, and the Kylawn Park area. Mr. Reinhardt stated competitive proposals were received at 10:00 a.m. on November 25, 2013, by Springsted Inc.,the City's financial advisors. Mr. David MacGillivray, representing Springsted, presented an analysis of the proposals and recommendations for action by the City Council. Councilmember Ryan stated the City has a good debt rating due to a history of responsible 11/25/13 -5- borrowing practices. He added these actions represent the strong objectives and purpose of the City and its residents. Mayor Willson stated redevelopment within the City has been a strong goal of the City Council for many years. 1. RESOLUTION NO. 2013-140 PROVIDING FOR THE ISSUANCE AND SALE OF $6,040,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS,SERIES 2013A Councilmember Kleven moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2013-140 Providing for the Issuance and Sale of $6,040,000 Taxable General Obligation Tax Increment Bonds, Series 2013A. Motion passed unanimously. 2. RESOLUTION NO. 2013-141 PROVIDING FOR THE ISSUANCE AND SALE OF $4,920,000 GENERAL OBLIGATION IMPROVEMENT BONDS,SERIES 2013B Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded adoption of RESOLUTION NO. 2013-141 Providing for the Issuance and Sale of $4,920,000 General Obligation Improvement Bonds, Series 2013B. Motion passed unanimously. 10b. CONSIDERATION OF 2014 UTILITY RATES Mr. Boganey invited Interim Finance Director Greg Andrews to address the Council. Mr. Andrews reviewed a series of resolutions for adopting fees and charges for 2014, which require City Council approval. He added utility rates must be reviewed annually to ensure stabilized rates and to reduce fluctuation. 1. RESOLUTION ADOPTING 2014 WATER UTILITY RATES ION N0.2013 142 ADO IN , FEES AND CHARGES Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adoption of RESOLUTION NO. 2013-142 adopting 2014 Water Utility Rates, Fees and Charges. Motion passed unanimously. 2. RESOLUTION NO. 2013-143 ADOPTING 2014 SEWER UTILITY RATES, FEES AND CHARGES Councilmember Kleven moved and Councilmember Myszkowski seconded adoption of RESOLUTION NO. 2013-143 adopting 2014 Sewer Utility Rates,Fees and Charges. 11/25/13 -6- Motion passed unanimously. 3. RESOLUTION NO. 2013-144 ADOPTING 2014 STORM SEWER UTILITY RATES,FEES AND CHARGES Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2013-144 adopting 2014 Storm Sewer Utility Rates, Fees and Charges. Motion passed unanimously. 4. RESOLUTION NO. 2013-145 ADOPTING 2014 STREET LIGHT RATES AND CHARGES Councilmember Myszkowski moved and Councilmember Kleven seconded adoption of RESOLUTION NO. 2013-145 adopting 2014 Street Light Rates and Charges. Motion passed unanimously. 5. RESOLUTION NO. 2013-146 ESTABLISHING 2014 RECYCLING RATES AND CHARGES Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adoption of RESOLUTION NO. 2013-146 establishing 2014 Recycling Rates and Charges. Motion passed unanimously. 10c. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON HOUSING COMMISSION Mr. Boganey stated notice of a vacancy on the Brooklyn Center Housing Commission was posted and applications were received and reviewed. He added Mayor Willson recommends the appointment of Zachary Marko, 6714 Orchard Lane North,to the Housing Commission. Councilmember Kleven moved and Councilmember Myszkowski seconded ratification of the Mayoral appointment of Zachary Marko, 6714 Orchard Lane North, to the Brooklyn Center Housing Commission,with term to expire December 31,2014. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • November 15, 2013, African Immigrant Services African Community Appreciation and Awards Dinner, also attended by Mayor Willson, Senator Eaton and Representative Hilstrom 11/25/13 -7- • November 18, 2013, City Council Joint Budget Work Session with Financial Commission • November 19,2013,Youth Homelessness Initiative meeting • November 19, 2013, Wangstad Park Area Street and Utility Project Information Meeting • November 19, 2013, Metropolitan Council Housing Issues Meeting for Northwest Hennepin County • November 26, 2013, Multicultural Advisory Commission meeting • December 2, 2013,Public Hearing on 2014 Budget, 7:00 p.m. at City Hall • December 3, 2013,Restaurant Depot Grand Opening • December 4, 2013,Neighborhood Watch Captain's Appreciation Dinner,hosted by Brooklyn Center Police Department Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: • November 12,2013,Brooklyn Center Women's Club Luncheon • November 14,2013, Association for Responsible Management(ARM)Meeting • November 14, 2013,Planning Commission meeting • November 17, 2013,presentation: "Immaculee Ilibagiza: Resilient Woman of Faith" • November 18, 2013, City Council Joint Budget Work Session with Financial Commission • November 19, 2013,Earle Brown Days Board Meeting • November 19, 2013, Wangstad Park Area Street and Utility Project Information Meeting • November 19,2013, Shingle Creek Connection Trail Project meeting • Brooklyn Center High School students participated in Stars of the Future fundraiser for the Hospitality Minnesota Education Foundation's ProStart Program on November 10,2013 • The Police Department reports the number of domestic misdemeanor assaults is down to 104 to date in 2013 as compared with 156 in 2012, attributed to the Domestic Abuse Reduction Team(DART) • Free Community Supper at Lutheran Church of the Master every Monday and Wednesday, all are welcome Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • November 18, 2013, City Council Joint Budget Work Session with Financial Commission • November 19, 2013, Earle Brown Days Board Meeting • November 20, 2013, chaired CEAP Board Meeting • November 17, 2013, "Minnesota and the Civil War Showcase" - series of short films aired on Twin Cities Public Television, including a segment on the Battle of Gettysburg featuring Diane and Darryl Sannes Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • November 13, 2013, spoke to 3rd and 4t' graders at Odyssey Academy on the subject of local government. Letters from the students will be on display on December 9, 2013 • November 18,2013, City Council Joint Budget Work Session with Financial Commission • November 19, 2013, Odyssey Academy Board Meeting • November 19,2013,Park and Recreation Commission Meeting 11/25113 -8- • November 20,2013, Crime Prevention meeting hosted by Police Department • November 21,2013, Odyssey Board of Directors—Financing Government Training Seminar • November 21, 2013, tragic accident occurred involving Brooklyn Center woman and 5 children • November 22, 2013, met with Odyssey Academy Director and Staff to provide support and discuss ways of communicating with students • November 30, 2013, Red Cross Blood Drive at Cub Foods, donors will receive a$5 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 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, African Immigrant Services African Community Appreciation and Awards Dinner, also attended by Councilmember Ryan, Senator Eaton and Representative Hilstrom • November 18, 2013, City Council Joint Budget Work Session with Financial Commission 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 8:03 p.m. Motion passed unanimously. 11/25/13 -9- 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 25, 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 December 9, 2013, Regular Session. City Clerk Mayor 11/25/13 -10-