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2020 10-12 CCP
Council S tudy S ession V I RT UA L meeting being conducted by electronic means in accordance with Minnesota S tatutes, section 13D.021 P ublic portion available for connection by dialing 1-312-535-8110 A ccess C ode: 133 791 1584 October 12, 2020 AGE NDA 1.C ity C ouncil Discussion of Agenda Items and Questions - 6 p.m. 2.M iscellaneous a.WebEx C hat - Is there a consensus to discontinue the chat feature on WebEx 3.D iscussion of Work Session Agenda Item as T ime P ermits 4.Adjourn C ouncil Study Session DAT E:1 0 /12/2 0 2 0 TO :C ity Council F R O M:C ur t Boganey, C ity M anager T H R O U G H :N/A BY: S U B J E C T:Web E x Chat B ackground: T he C ity C lerk w as contacted by the M ayor to dis con-nue the chat featur e of upcoming WebEx mee-ngs . At the S eptember 2 8 th City Council mee-ng there w as quite a bit of chat going on dur ing the mee-ng. I t w as discussed that the public was ge5ng the oppor tunity to v oice their concer ns or opinions before the City Council members were giv en the oppor tunity. Tonight, I would like to es tablish that there is cons ens us among the en-re council to dis able the chat featur e on upcoming city council mee-ngs. S trate gic Priories and Values: O pera-onal E xcellence C IT Y C O UNC IL M E E T I NG V I RT UA L meeting being conducted by electronic means in accordance with Minnesota S tatutes, section 13D.021 P ublic portion available for connection by dialing 1-312-535-8110 A ccess Code: 133 791 1584 October 12, 2020 AGE NDA Meeting Mute Testing: The host will place all attendees on mute and ask that all attendees unmute themselves before starting the meeting. 1.Informal Open Forum with City Council - 6:45 p.m. Provides an opportunity for the public to address the C ounc il on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with presenter. Questions from the C ounc il will be for c larific ation only. Open Forum will not be used as a time for problem solving or reacting to the c omments made but, rather, for hearing the presenter for informational purposes only. I will first c all on those who notified the Clerk that they would like to speak during open forum, and then I will ask if any one else c onnected to this meeting would like to speak. W hen I do, please indicate y our name and then proc eed when I call on you. Please be sure to state your name and address before speaking. 2.Invocation - 7 p.m. 3.Call to Order Regular Business M eeting This meeting is being conduc ted electronic ally under Minnesota Statutes, section 13D .021 due to the pandemic. For those who are connec ted to this meeting, please keep your microphone muted. I f there is an opportunity for public c omment, y ou may unmute and speak when called upon. Please do not talk over others and any one being disruptive may to ejec ted from the meeting. The packet for this meeting is on the City's website, whic h is linked on the calendar or can be found on "City Council" page. 4.Roll Call 5.P ledge of Allegiance 6.Approval of Agenda and Consent Agenda The following items are c onsidered to be routine by the C ity Council and will be enac ted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the c onsent agenda and considered at the end of Council Consideration I tems. a.Approval of Minutes - Motion to approve minutes for the following meetings: September 18, 2020 Joint CC and Financial Commission September 21, 2020 Joint CC and Financial Commission September 28, 2020 Study Session September 28, 2020 Regular Session September 28, 2020 Work Session b.Approval of L icenses - Motion to approve licenses as presented. c.Resolution A mending the City of Brooklyn Center F ee Schedule Establishing Surcharges for Water Conservation Violations - Motion to approve a resolution amending the Ci ty of Brooklyn Center Fee Schedule establishing surcharges for water conservation violations. d.C A R E S A C T F unding A ppropriations – B A C K TO S C HO O L / C L A S S / W O R K FA MI LY C O V I D-19 A ND D I S TA NC E L E A R NI NG PA C K S - Resolution Authorizing Staff to Proceed with the BACK TO SCHOOL / CL ASS / WORK FAMILY COVID-19 AND DISTANCE L EARNING PACKS with funding by the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"). e.C A R E S A C T F unding A ppropriations – C O V I D HE A LT H O N T HE G O - Resolution Authorizing Staff to Proceed with the Brooklyn Center COVID HEALTH ON THE GO Program, with funding by the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"). f.C A R E S A C T F unding of B C Beyond C O V I D S enior iPad/Tablet I nnovation Program - Resolution Authorizing Staff to Proceed with the BC Beyond COVID Senior i Pad/Tablet Innovation Program, with funding by the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"). g.Second A mendment to the Shingle Creek Crossing Declaration of Covenants and Restrictions - Motion to approve the second amendment to the Shingle Creek Crossing Declaration of Covenants and Restrictions as directed in City Council Resolution Nos. 2020-053 and 2020-061, and as outlined in the conditions of approval for Planning Commission Application Nos. 2020-002 and 2020- 006. h.Resolution Certifying Special Assessments for Emergency P rivate Utility Service Repairs to the Hennepin County P roperty Tax Rolls - Motion to approval a resolution assessing the attached list of properties for emergency private utility service repair costs i.C A R E S A C T F unding A ppropriations – B C T C P R I D E A ND S A F E T Y P UB L I C A RT I NI T I AT I V E Resolution A uthorizing Staff to P roceed with the B C T C P R I D E A ND S A F E T Y P UB L I C A RT I NI T I AT I V E with funding by the Coronavirus A id, Relief, and E conomic Security A ct ("C A R E S Act"). j.Resolution Setting 2021 Employer B enefits Contribution for F ull-Time Non- Union Employees - I t is recommended that the City Council consider adoption of the attached resolution setting the 2021 employer benefits contribution for full-time non- union employees. 7.P resentations/Proclamations/Recognitions/Donations 8.P ublic Hearings The public hearing on this matter is now open. I will first call on those who notified the Clerk that they would like to speak to this matter, then I will ask if anyone else on this meeting would like to speak during this hearing. W hen I do, please indic ate your name and then proceed when I call on you. Please be sure to state your name and address before speaking. a.Resolutions for Proposed Special Assessments for Nuisance A batement Costs, Tall Grass and Weed Abatement Costs, Dead and Diseased Tree Abatement Costs and A dministrative Fines/Citations - Motion to: Open the public hearings concurrently; Take public input; and Close the public hearings. -Motion to adopt Resolution Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Property Tax Rolls -Motion to adopt Resoluti on Certifying Special Assessments for Administrative Citations to the Hennepin County Property Tax Rolls -Motion to Adopt Resol ution Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Property Tax Rolls -Motion to Adopt Resolution Certifying Special Assessments for Weed Removal Costs to the Hennepin County Property Tax Rolls b.Resolution Certifying Special Assessments for Delinquent Public Utility Service A ccounts to the Hennepin County P roperty Tax Rolls - Motion to: Open the public hearing; Take public input; and Close the publ ic heari ng. - Motion to approve a resolution certifying special assessments for delinquent public utility service accounts to the Hennepin County property tax rolls. c.Resolution Vacating All E asements within L ot 4, Block 5, Wangstad’s Brooklyn Terrace, Hennepin County, Minnesota and L ot 1, B lock 1, P earson’s Northport 3rd Addition, Hennepin County, Minnesota - Motion to: Open the public hearing; Take public input; and Close the public hearing. - Motion to consi der approval of a resoluti on vacating certain easements that are associated with the 6000 triplex site redevelopment (C Alan Homes) in connection with the proposed final plat of Robertson and Brekke’s Brooklyn Boulevard First Addition. d.Resolution Vacating All E asements W ithin L ot 1, B lock 1, S unset Manor, Hennepin County, Minnesota And L ot 3, Block 1, Sunset Manor, Hennepin County, Minnesota - Motion to: Open the public hearing; Take public input; and Close the public hearing. - Motion to consi der approval of a resoluti on vacating certain easements as referenced above that are associated with the 6900 triplex site redevelopment (C Alan Homes) in connection with the proposed final plat of Robertson and Brekke’s Brooklyn Boulevard Second Addition. e.Resolution Vacating All E asements W ithin L ot 1 & 2, B lock 1, P anayotoff Addition, Hennepin County, Minnesota - Motion to: Open the public hearing; Take public input; and Close the public hearing. - Motion to consi der approval of a resoluti on vacating certain easements as referenced above that are associated with the Panayotoff Addition in connection with the proposed final plat of Nompeng Addition. f.Consideration of Hospitality Accommodation L icense Renewal Request for Radisson Brooklyn Center - Decide the next steps for the renewal of the Hospitality License for the Radisson Hotel. 9.P lanning Commission Items 10.Council Consideration Items 11.Council Report 12.Adjournment C ouncil R egular M eeng DAT E:10/12/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :D r. Reggie Edwards, D eputy C ity M anager BY:Barb S uciu, C ity C lerk S U B J E C T:A pproval of Minutes B ackground: I n accordance with M innesota S tate S tatute 15.17, the official records of all mee3ngs must be documented and approved by the governing body. B udget I ssues: -None. S trategic Priories and Values: O pera3onal Excellence AT TA C H M E N TS : D escrip3on U pload D ate Type S eptember 18 10/7/2020 Backup M aterial S eptember 21 10/7/2020 Backup M aterial S eptember 28 S tudy S es s ion 10/7/2020 Backup M aterial S eptember 28 Regular S ession 10/7/2020 Backup M aterial S eptember 28 Work S es s ion 10/7/2020 Backup M aterial MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/FINANCIAL COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA JOINT WORK SESSION SEPTEMBER 18, 2020 CALL TO ORDER The Brooklyn Center City Council/Financial Commission Joint Work Session was called to order by Mayor Elliott at 6:30 p.m. The meeting was conducted via Webex. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence-Anderson and Dan Ryan. Also present were Financial Commission Chair Taneshia Kragness Commissioner Dean Van Der Werf, and Commissioner Kpaleh. Also present were City Manager Curt Boganey, Deputy City Manager Dr. Reggie Edwards, Public Works Director Doran Cote, Police Chief Tim Gannon, and City Clerk Barb Suciu. BUDGET REVIEW BY DEPARTMENT Public Works Department Public Works Director Doran Cote reviewed the proposed budget for the Public Works Department, which is responsible for maintenance and operations of the city’s infrastructure and facilities. He added departmental divisions include Administration and Engineering; Street and Park Maintenance and Forestry; Public Utilities; and Central Garage. He noted 1 FTE position, Deputy Director of Public Works, is currently housed in the Street Maintenance budget but is proposed to be moved to the Central Garage budget. Mr. Cote stated budget highlights include implementation of Brooklyn Boulevard Phase 2 project in 2021; collaboration with partners on the Highway 252 Impact Statement; and completion of the Street Utilities Replacement Project. The budget is showing a significant decrease of 7% due to the FTE position that will move to the Central Garage, as well as the elimination of the street seal probe which is proposed to be replaced with a new maintenance program that is currently being evaluated. A modest increase under Traffic Control is related to sign replacements to satisfy federal requirements. Mr. Cote stated a 7% increase under Park Facilities is related to new load-rated trailer is proposed to be purchased for transporting equipment, and an increase under Forestry is related to emerald ash borer treatment. Mayor Elliott asked what the biggest challenge is facing the Public Works Department in 2021. Mr. Cote stated the biggest challenge is implementation of street and utility projects in the capital improvements program. He added that is a challenge every year, but the Public Works Department has been successful at surmounting any issues in the past. He noted, from a regulatory perspective, no new challenges are expected. 09/18/2020 Page 2 Mayor Elliott asked whether Mr. Cote could speak to metrics around prioritization of capital improvement projects. Mr. Cote stated a detailed report on 2021 capital improvement projects was provided for the City council at their August 3, 2021 meeting, along with Department recommendations. He added he would be able to supply that report again. Mayor Elliott asked whether the Public Works Department has identified a path to making cost adjustments and prioritizing budget items based on changing economic conditions. He added this is a question that would apply to all City Departments. Mr. Cote stated he provided the August 3, 2020 report identified areas where adjustments could be made if necessary. He added one departmental priority is considering changes in the way projects are funded, so they are more equitable and financially compatible with economic conditions. Mr. Boganey stated, with regard to Mayor Elliott’s question about changing economic conditions, every operating department knows their priorities and understands which operations will have the least direct impact on residents and could be delayed depending upon unforeseen economic conditions. He added typically it is possible for departments to make adjustments. He noted most department budgets are largely made up of personnel costs. Police Department Police Chief Tim Gannon stated the Police Department’s mission is to protect and serve in a manner that preserves the public trust. He added the Department is comprised of 5 divisions: Administrative; Investigative; Patrol; Community Services; and Support Services. He noted he oversees the Administrative division, preparing the budget and providing leadership and management oversight. He added the Patrol Officers are the most visible division, and they handle approximately 37,000-3,8000 calls for service per year. Chief Gannon stated no budget additions or reductions are requested. He added an Auto Theft Officer is mostly grant-funded, and the grant will be up for renewal in 2021. He added it is anticipated that the grant will be renewed. Chief Gannon reviewed budget highlights for 2021, including meeting training mandates as required by POST; increased availability of mental health services after critical incidents; review and update the Department complaint process; completion of an annual report process for the City Council regarding police citizen complaints; and an embedded Hennepin County Social Worker. He added the social worker would work in Brooklyn Center. He noted he will be learning more about this initiative from other cities that have similar programs. Chief Gannon stated the budget reflects a 14% increase in Investigations, as a School Resource Officer position will be moved to that division. He added the vast majority of the budget is related to Personnel Services. 09/18/2020 Page 3 Councilmember Graves requested an update on how many rape kits have been processed. She asked how the proposed increased training costs will be reflected in the budget. Chief Gannon stated, unlike other agencies, Brooklyn Center Police Department does not keep the rape kits, which are processed and sent to the BCA for evaluation. He added a notification is received from hospitals when a rape kit is turned in, but there are no details or other information. He noted information is gathered if the victim is assisted or transported by the Police Department, and turned over to investigators, and he can provide information related to case closure percentages. Chief Gannon stated, with regard to training, some officer training is adjusted in the overtime budget. He added it can be a challenge as officers are not on the street when they are in training, but the Department is able to make the necessary adjustments. He noted officers want to receive additional training, and the Department can accommodate that within the existing budget. Councilmember Butler asked whether community engagement is included in the budget, and how the Department will do that with Covid-related restrictions. Chief Gannon stated they are prepared to move forward with community engagement and outreach, although Covid has been a challenge. He added it is also a challenge having the community willing to engage with the officers, and the Department works with schools and churches to do the necessary outreach. He noted, with regard to engagement, expenses are shared as part of City-wide initiatives, and can be continued without budget disruptions. A resident, Melissa, expressed her thanks for considering an embedded mental health worker within the Police Department. She added that is a great idea and she is pleased the City is moving forward with that. Mayor Elliott asked how the recent officer shootings and all the high-profile police cases have impacted the City’s Police Officers Chief Gannon stated it is affecting the Police Department in the same way as other cities. He added community outreach in Brooklyn Center has been done for many years, and that has had benefits for the City and the Police Department. He noted there is some trust from residents, but it has been difficult, as the Police Department works to provide the best services possible throughout this difficult time. Mayor Elliott asked for Chief Gannon’s feedback and comment regarding changes in law enforcement and policing, with the pandemic and the killing of George Floyd and other high- profile cases as well as widespread acknowledgement and recognition of systemic racism and calls for change in law enforcement. He asked how the Police Department is reacting to these calls for change in policing to improve overall safety. Chief Gannon stated the Police Department is not perfect and there are areas to improve. He added the officers have the ability to get better and improve their services, as law enforcement continues to evolve. He noted the required training will provide an understanding of historical implications 09/18/2020 Page 4 of racial trauma, which may not have been recognized by some officers until now. He expressed his belief that the Department is on a good path, and always open to new ideas and ways to improve. He noted the Department is open to what the citizens of Brooklyn Center want them to be. Mayor Elliott stated he is encouraged to hear that Chief Gannon is open to change, and hearing what the citizens want to see, and that no organization is perfect. He added safety is the most important issue, and everyone needs to work together. He noted sometimes change is hard. Mayor Elliott asked, given the current changing economic conditions, whether Chief Gannon has identified areas that could be adjusted or cut if necessary. Chief Gannon stated there are different challenges and opportunities every year, and potential reductions have been reviewed. He added the challenge in 2021 will be to reduce the budget if needed, and the Department is open to that. Councilmember Ryan stated the recession, which occurred earlier in his time on the City Council, was the worst economic downturn since the Great Depression. He added the City Manager and City Staff did a remarkable job of being flexible and responding to the unique set of challenges that came with the recession. He noted there were 1,000 vacant residential properties at one point, and the City worked to preserve the properties through a Vacant Properties Ordinance, mitigating what could have had a more devastating effect on the community. He expressed his confidence City Staff and their response to this type of situation. Mayor Elliott stressed the importance of working proactively with City Staff to ensure that the City stays out in front of economic conditions. Mr. Boganey stated, in his experience, an important lesson that he has learned is that businesses, residents, taxpayers like to save their tax dollars, but they also want value for the taxes that they pay. He added he worked in a community where leadership was overly fiscally conservative, and would not invest in infrastructure, which ultimately led to a lack of citizen confidence in their management of community assets. He noted keeping an eye on value is equally as important as lowering taxes. BUDGET REVIEW BY COUNCIL PRIORITY - MULTI-DISCIPLINARY Mayor Elliott interrupted the meeting to acknowledge that Supreme Court Justice Ruth Bader Ginsburg has passed. He stated Justice Ginsburg played an important role in American society, as the second woman to serve on the Supreme Court, and a pioneering advocate for women’s rights. He noted she has recently become a cultural icon for a younger generation. He requested a moment of silence in honor of Supreme Court Justice Ruth Bader Ginsburg. Accountability Mr. Boganey stated Accountability for Policing Activities has been expressed as a goal of the City Council, and an area of great importance. The City Council has indicated the need to be able to demonstrate that the City’s Police Officers serve with fairness, dignity, and respect for all, without 09/18/2020 Page 5 equivocation. A City Council priority is to increase accountability through community engagement, so the voice of the community is heard at the policy-making table as it occurs, while improving the effectiveness and value of the MAC. Mr. Boganey stated a recent survey was completed of MAC members, who provided suggestions and ideas for making MAC more effective, and these will be presented to the City Council. He added the regular reporting of critical information to the City Council and community will be undertaken not less than semi-annually. He noted the establishment of a Civilian Review Board is being considered by December 31, 2020, and funds are available for that initiative which has been budgeted for $10,000. Mr. Boganey stated implementation of policing policies and practices will be updated and expanded, to be consistent with Minnesota police reform laws. He added updates will be consistent with the State Attorney General’s report on preventing excessive use of force, as approved by the City Council, not later than December 31, 2020. Transparency Mr. Boganey stated transparency is essential to building trust, and City Staff plans to meet this goal of the City Council. He added more reporting is planned regarding use of force in policing; discretionary stops; citizen complaints; and other issues. He noted citizen input will be essential in implementing reporting processes that are valuable, and feedback and comment from the MAC will be sought on this issue. Mr. Boganey stated increased transparency is proposed related to City spending and budgets. He added implementation of new software will make it easier for residents to get information about the City, such as financial data, capital projects, and performance guidelines. He noted an estimated $10,000 is being set aside to fund the initial version of this software. Preservation and Environmental Protections Mr. Boganey stated City Staff intends to achieve GreenStep Level 5 status within three years, for which $10,000 has been allocated in the General Fund. Mr. Cote stated GreenStep is a voluntary program for cities for measuring and achieving sustainability and quality of life goals. He added the program consists of 29 best practices in 5 different categories. He added City Staff are very close to achieving level 3 in 2021. He stressed the importance of focusing on green development, education and outreach. Engagement Mr. Boganey stated engagement must be inclusive and authentic as it is essential to the development of quality programs and equitable policies. He added effective community engagement tracking and reporting will be important to improving engagement possibilities and efforts. He added the mobile “Health on the Go” initiative is an example of a new resource that will allow the City to reach into the community and expand engagement efforts. He noted the Engagement Specialist position has been filled, which will increase momentum. An additional $15,000 is proposed to expand programs and activities. 09/18/2020 Page 6 Mr. Boganey stated $25,000 in General Fund support is proposed for the “Health on the Go” initiative. Mr. Boganey stated it is hoped that the BrookLynk Internship program will continue next year. He added City Staff will continue to look for additional ways to engage the City’s youth. Commissioner Kpaleh thanked the Police Chief for all his hard work and efforts. He asked how changes in policing would affect the City’s police recruitment process. He asked what the recruitment policy is, and how transparent is the process. He asked how the transparency is reflected in recruitment in terms of ratio among people of color and white police. Chief Gannon stated the Police Department has a cadet program, which brings people of color into the candidate pool. He stressed the difficulty of having a diverse candidate pool. He added the cadet program provides great benefits for the Police Department, in terms of recruitment. He noted Brooklyn Center’s police force is small, and there are not a lot of opportunities. Chief Gannon stated the Police Department has looked at different ways of recruiting new officers, including doing interviews but bypassing the testing process. He added it is hoped that the cadet program can grow, since it has been very successful. He agreed to provide the resident with information regarding the cadet program and recruitment process. Chief Gannon stated the application process includes a blind review of the application, so there is no bias. He agreed to provide the resident with additional information regarding the application process. Mayor Elliott asked whether information regarding the Police Department’s best practices is available online. Chief Gannon confirmed the Department Policy documents has been available on the City website for many years. Councilmember Ryan stated the cadet program has been focused for many years on Brooklyn Center youth, but also cadets from adjacent communities. Chief Gannon confirmed this, adding there is a joint partnership through which information regarding openings and opportunities is shared between agencies. Councilmember Ryan stated it is encouraging to know there is a recruitment channel to encourage kids from the City’s diverse community to join the cadet program. He added that is a reason for optimism. Mayor Elliott asked what the Police Department’s current diversity numbers are. Chief Gannon stated he does not have that data at this meeting, but he can provide additional information. He added he believes the Department is 15-18% people of color, and a few female officers. Mayor Elliott stated the City Council has historically had responsibility over all City operations, initiating and leading through the creation of City Council policy initiatives. He asked how receptive Mr. Boganey is to the a more active role in legislating and policy-making on the part of the City Council. 09/18/2020 Page 7 Mr. Boganey stated, under the City’s Charter, the City Council is responsible for ensuring that the City departments are functioning appropriately by holding the City Manager accountable for those results. He added he is 100% in favor of the City Council exercising that authority and responsibility through the City Manager, as prescribed in the City Charter. Mr. Boganey stated the City Council has the final authority for adoption of all legislation. He added City Staff support the City Council with regard to its role for adopting legislation, and can provide input or recommendations, research or analysis. He noted the role of City Staff is to provide advice and carry out the policies and goals of the City Council, to the extent that legislation is necessary. Mayor Elliott stated his question was about the practice of formulating and writing legislation, which is something the City Council does not do, but rather reviews and approves or disapproves that which has already been formulated by City Staff. Councilmember Ryan stated, as the City Council has changed and evolved, the focused attention and policy directions shift have shifted from time to time, and City Staff has responded and provided the necessary support. He added it is necessary to leave out important information when drafting an Ordinance which can cause difficulties to develop. He noted the City Council presents goals and objectives, and City Staff assists with setting goals and drafting documents. Councilmember Ryan stated there is a Revisor of Statutes office at the State level. He added, while he appreciates the Mayor’s interest and energy, the City Council is better served by running within its own lane. He noted the City Attorney is available for ensuring that new policies are sound and within the boundaries of the law. He expressed his appreciation for the important questions raised by Mayor Elliott. Council/Commission Feedback and Questions Mr. Boganey reviewed the recommended General Fund Preliminary Budget with expenditures of $23,799,570 including supplemental budgets for strategic initiatives of $466,000. He asked whether the City Council has received sufficient information to give direction to City Staff at this point regarding the preliminary budget and levy. Mr. Boganey stated the levy impact on the median value home would be an additional $26 in 2021, or $66 if supplemental initiatives are included. He requested the City Council’s consideration of providing direction for the budget and levy. He noted the preliminary budget and levy can decrease, but they cannot increase. Mayor Elliott stated he would like to see if the budget can be decreased. He added there are a number of metro area cities that have a 0% increase. He noted times are hard right now, and adjustments should be made to have a lower impact for residents. He noted he is not comfortable proceeding with the proposed base budget, and some of the supplemental amounts. Chair Kragness stated she agrees with Mayor Elliott that the impact on residents at this time should be reduced. She added it is not appropriate to increase taxes at all right now. 09/18/2020 Page 8 Councilmember Ryan stressed the importance of being mindful that 75% of the budget is based on property taxes, which falls most heavily on those who are the least able to pay it. He stated some items in the supplemental budget could be set aside to be addressed at the right time. He added it will be difficult to reduce the operational and base budgets due to potential negative impacts on operations. Councilmember Butler stated she agrees with the comments that have been made, adding it is a difficult time to increase taxes. She added she does not agree with the $64 increase, and the City Council should revisit the supplemental initiatives. She noted she is not prepared to vote at this time. Mr. Boganey stated a preliminary budget must be approved by September 28, 2020. He added that is not to say it will be the final budget. Mayor Elliott requested that another meeting be scheduled next week. There was discussion regarding a potential date and time during the week of September 21, 2020. It was decided that the meeting would be held Monday, September 21, 2020 at 2:00 p.m. Mr. Boganey stated a 72-hour meeting notice is required. Mayor Elliott stated this meeting can go into recess. Commissioner Kragness stated she is will not be available on Monday September 21, 2020 at 2:00 p.m. She added she is the only attendee who cannot join the meeting, so she will try to work something out. Mr. Boganey requested consideration of approval of the maximum preliminary levy and budget with the understanding that it will be reduced before December 31, 2020. Mayor Elliott stated he would not want the notice to go into the paper, and have residents get anxious about increased taxes. He added he would prefer to do the work now. Councilmember Ryan stated the preliminary budget can be approved and the notice in the paper would reflect the City Council’s reservations about the budget amount, and that the intention is that it would be reduced. He added this has been done by previous City Councils. Mayor Elliott suggest that people who are not able to join the meeting could submit their comments in writing beforehand. Mayor Elliott stated the meeting would be held on Monday September 21, 2020 at 2:00 p.m. UPCOMING BUDGET MEETING -Monday, September 21, 2020 at 2:00 p.m. -Monday, September 28, 2020 - Preliminary Budget Adoption 09/18/2020 Page 9 ADJOURNMENT Mayor Elliott stated the Work Session stands in recess until Monday, September 21, 2020 at 2:00 p.m. MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/FINANCIAL COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA JOINT WORK SESSION SEPTEMBER 21, 2020 CALL TO ORDER CONTINUATION OF SEPTEMBER 18, 2020 WORK SESSION The Brooklyn Center City Council/Financial Commission Joint Work Session was called to order by Mayor Elliott at 6:30 p.m. The meeting was continued from the September 18, 2020 Work Session. The meeting was conducted via Webex. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence-Anderson and Dan Ryan. Also present were Financial Commission Chair Teneshia Kragness and Commissioner Emmanuel Kpaleh. Also present were City Manager Curt Boganey, Deputy City Manager Dr. Reggie Edwards, Finance Director Mark Ebensteiner and City Clerk Barb Suciu. BUDGET REVIEW Mayor Elliott stated this meeting was scheduled last Friday to continue the budget review, to ensure that the budget is not being increased and to consider the financial stress that residents are experiencing. He added it is important to deliver good services to residents while meeting important needs of all City departments. He noted City Operations are under stress to deliver services during these difficult times. Mayor Elliott stated the City Council wants to see if there is more that can be done to decrease spending in ways that will help relieve the burden on local taxpayers, while still meeting critical needs. City Manager Curt Boganey stated the main consideration in this presentation is how to relieve the taxpayer burden while continuing to provide residents with quality services, and also address the City Council priorities. He added some indications from the City Council were that the maximum levy identified by City Staff was too high. He requested feedback and comments from the City Council regarding what it means to have too high of a tax burden increase from their perspective. Finance Director Mark Ebensteiner reviewed current information from other metro area cities regarding their preliminary tax levy. He added all cities have different strategies and face different issues, but the information gives an idea of where Brooklyn Center falls in terms of percentages of increase. He added the list goes from 7.8% increase at the top, to 2.58% at the bottom, which is Brooklyn Center. Mr. Ebensteiner stated most cities view this as their maximum amount, which leaves some margin for cutting budgets before final adoption in December 2020. 09/21/2020 Page 2 Financial Chair Kragness asked whether there are any local cities that did not have any increase. Mr. Ebensteiner stated the cities that are included are the ones that responded to a survey submitted by City Staff. He added no cities that responded had a 0% increase. Mr. Boganey requested City Council input in identifying which maximum amount they would find reasonable and acceptable. He showed a “levy change acceptability” chart, showing total supplemental budget amounts and related percentage of increase. Mr. Boganey stressed the importance of considering that the levy does not affect all residents in the same way, based on taxable home market values. He stated every homeowner will be affected differently. He added the chart includes 5 levy percentage choices, and the numbers are not perfect. He added, however, this exercise will provide an indication about any modifications that can be offered. He noted the critical question is, what is the highest that the City Council would be willing to accept as a levy increase. Mayor Elliott stated he finds it difficult to make a decision without having a more expanded discussion regarding what the different levy increases would result in. He added the City of St. Paul proposed budget reductions for nearly every City department, but no levy increase and no layoffs. He noted that is the kind of budget outcome he would feel most comfortable with during these difficult times. Mr. Boganey stated this exercise is in response to the City Council’s comments on Friday that they wanted to refine the proposed preliminary budget. He added a balanced preliminary budget does not preclude additional review and reduction before December 31, 2020, but it indicates an upper limit that the City Council would support. He noted identifying a maximum preliminary levy amount will help City staff develop a balanced budget. Mr. Boganey stated the City Council will be asked about which of their priorities is most important, so City Staff knows where to start in terms of bringing the budget in line with the levy. He added, based on City Council priorities, adjustments can still be made up until December 31, 2020. Boganey called for comments from City Council. Councilmember Graves stated she is fine with the recommended levy as the maximum. She added she hears that the Mayor is interested in a 0% increase, but she is comfortable with the maximum. Councilmember Ryan asked, with the maximum of 1.93%, whether changes would only have to be made to the supplemental budgets, or if Operations budgets would be affected as well. Mr. Boganey stated the changes can all come out of the supplemental budgets, which represent a total of $466,000. He added that is not to say it should be done. He noted he is asking the City Council for direction on this issue. Councilmember Ryan stated he would support the 1.93% levy as the maximum, but he is flexible. He added he does not want to affect Operations budgets. 09/21/2020 Page 3 Councilmember Butler stated she agrees with Councilmember Ryan that she does not want to take away funding from General Operations. She added she does not feel comfortable with a $66 increase per household given the financial constraints that the community will be under for the next few years. She noted she is okay with 1.29% increase. Commissioner Kragness stated she supports a 0% increase, even if it means priorities will not be funded, or will need to be delayed. She added it will send a message to residents that we are all in this together. She noted a 0% increase to allow the community to adapt to what is happening right now. Mayor Elliott agreed with Commissioner Kragness, in terms of what message is being sent to the community by approving this budget. He stated these are difficult financial times, and it is difficult for City Staff to be proposing a budget under these conditions. He stressed the importance of continuing to provide quality City services and meeting the needs of the community. He added the pandemic lockdown has meant that the City must find ways to scale back, and maybe more of the burden can be placed elsewhere. He noted the City of St. Paul has proposed cuts in every department, but does not have a tax levy increase and no layoffs, which makes him think it is possible to do something like that, to send a positive message to residents who are struggling with the crisis. He expressed his support of a 0% levy increase. Mayor Elliott stated he would like to be mindful of the fact that the City Council approaches this issue with great intention, and everyone’s considerations are justified. He stressed the importance of balancing the benefits of supplemental items and offsetting impacts to the community. He added $66 per household would support these initiatives that are focused on mitigating the impacts of the virus in the community. He noted he believes residents will support programs to mitigate disparate outcomes in the community. Mayor Elliott stated the supplemental items are incredibly important and he is in favor of moving forward with all of them. He added, for instance, the City Council leadership budget will provide funding for the City Council so it can operate in ways that it was not in the past, which could result in adjustments to other costs and operations. He noted this requires a deeper dive for City Staff to figure out what more can be adjusted in the way the City delivers services, to adjust those areas and not these other ones. Mayor Elliott stated he would like to underscore the importance of the programs that have been proposed. He added he has been an advocate for some of those programs. Mr. Boganey requested input from Councilmember Lawrence-Anderson, to determine where the majority of the City Council stands. City Council Lawrence-Anderson stated she supports the proposed levy as it stands. She added she respects that people are having financial difficulties, but she supports an increase of 1.93% and $66 per year. Mayor Elliott stated everyone supports the programs that have been proposed, but it is necessary to have balance to ensure that the City is not increasing the tax burden if they do not have to. He 09/21/2020 Page 4 added he would like to get information about budget cuts in areas other than the supplemental areas, for example, the community center, which is not like it was, and perhaps there are areas where adjustments can be made because of the pandemic. Mr. Boganey assured the City Council that City Staff have done an extraordinary job of reviewing every department budget at a detailed level. He added no department has an increase over 1.5% or 2%, which indicates there was a lot of scrutiny. Mayor Elliott stated that the City of St Paul asked their departments to cut their budgets by approximately 7%. He added he understands that none of Brooklyn Center’s departments were significantly increased. Mr. Boganey stated cities are different, and it is difficult to compare budgets. He added there are many unknowns and variables, including what they spend their money on, what they were able to cut from the budget; what kinds of service and quality of services is provided. He noted each city has its own unique budgeting circumstances, and while cities can learn from each other, it is difficult to try to duplicate another City’s budget. Mr. Boganey stated he appreciates that the City of St. Paul was successful in their budget efforts, but this discussion should start with Brooklyn Center. He added City Staff can review ways to cut base budgets while minimizing impact. He noted, however, every department took many factors into consideration when developing their base budgets. He reiterated he is not suggesting that more cannot be done. Commissioner Boganey requested feedback and comments from the Financial Commissioners who joined the meeting. He added the consensus appears to be that three Councilmembers are supportive of a maximum preliminary levy of $348,000 as a maximum amount for the City Council Priorities. Commissioner Kpaleh stated he has a problem in that he does not have enough information to make a decision. He added he has not received a meeting packet and does not have anything to review. He noted he has not received a Financial Commission meeting packet for many months, and the last one was delivered by Officer Bradley. He asked how he can get meeting information before the meetings. Mr. Boganey stated tonight’s meeting was scheduled late on Friday, and City Staff has been busy working through the weekend to develop the information. He added there was no time to get information out to attendees prior to tonight’s meeting. He noted he would have City Staff look into why Commissioner Kpaleh is not receiving a meeting packet. He apologized to Commissioner Kpaleh for the misunderstanding. Ms. Suciu stated all the meeting invitations are sent electronically with a link in the packet. All City documents are currently posted on the City website. Mayor Elliott requested that the City Clerk confirm Commissioner Kpaleh’s current email address and contact information. He added a printed meeting packet can be provided for him prior to 09/21/2020 Page 5 meetings if that works better for him. He asked whether City Staff can send Commissioner Kpaleh an email with the agenda attached as a pdf. Ms. Suciu agreed, adding there is a tight turnaround for getting the packets out. Mr. Boganey stated this conversation, related to priorities in the supplemental budget, is not meant to imply that additional cuts will come from the supplemental budget. He added the City Council feedback and comment is requested on the priorities they would like to preserve in the budget. He noted this information will assist City Staff in deciding what areas can be reduced. Mr. Boganey reviewed the funding strategies in the City Council priority areas: Equitable Spending; Equitable Operations; Leadership Role – City Council; Economic Stability – Residents; Beautification; Public Health; Accountability – Policing Activities; Transparency; Preservation and Environmental Protections; and Engagement. Mr. Boganey asked the City Council and Commissioners to identify their top three or four priorities for funding. He added the purpose of this exercise is to figure out which areas have a consensus of support from the City Council and should stay in the budget. Mayor Elliott stated he would like to recognize that these items represent approximately 2% of the budget. He asked whether there will be slides to review the other 98% of the budget. Mr. Boganey stated that would require doing each departmental budget presentation again. Elliott stated again this is only 2% of the total budget. He added most of these items already have City Council consensus around them, as these are the Council priorities. He noted these items are not where the money is, and this is difficult to do this exercise. Councilmember Graves stated Mr. Boganey had indicated that City Staff can revisit the base budget to find areas where cuts can be made from departmental budgets. She added she feels that it would be easier to identify her bottom 3 items rather than her top items. Councilmember Graves stated the items that are most important to her are supporting staff, so that would be Equitable Operations, although there are issues under that priority that are more important than others. She added Economic Stability for Residents is very important, but she feels the public health costs could be reduced, as well as Accountability. Councilmember Graves stated she does not think the City Council Leadership role is important. She added that would be the least important item for her Mayor Elliott stated, to be clear, he would prefer to do this exercise when he has more budgets to choose from. Mr. Boganey stated City Staff will consider areas that can be reduced in all the other budgets before anything is cut from the list of priorities. 09/21/2020 Page 6 Councilmember Ryan stated the City Council Leadership item is additional funding of $20,000 that is not necessary. He added there are ample opportunities for online training with the League of Minnesota Cities. He noted, in the interest of time, he supports the same priorities as Councilmember Graves. Councilmember Butler stated Beautification is a very important issue for her, and Public Health is important because of the pandemic. She added she also supports funding for Economic Stability and Equitable Operations. Councilmember Ryan state Accountability – Policing Activities is an important item, but the City Council will be getting more reports than in the past, and there is already an accountability board for the police, which is the City Council. He noted that is something that can be cut under the circumstances. Mayor Elliott stated he supports all the priorities that have already been identified, and should stay in the budget, and he will not pick 3 or 4 to cut. He added it is not appropriate to make choices from 2% of the budget in initiatives that the City Council has identified. He noted he finds this exercise difficult, when it is such a small piece of the budget. Councilmember Graves stated she is not concerned about the City Council – Leadership item, nor the establishment of a Citizen Review Board. She added she would like to support Beautification which is more important at this time. She noted the City is already making progress with police data collection and changes suggested by the MAC, as well as recommendations from the Attorney General’s Report, and the “8 Can’t Wait” initiative. Councilmember Ryan stated he agrees with all of Councilmember Graves’ suggestions. He added his fourth selection would be Transparency. Commissioner Kpaleh stated it was mentioned that other sections of the budget will be reviewed before any cuts are made. Mr. Boganey confirmed that he stated that the rest of the budget will be reviewed by City Staff before any cuts are made. Mayor Elliott stated Commissioner Kpaleh is referring to the fact that any proposed cuts should be reviewed by the City Council and Financial Commission. Mr. Boganey stated a preliminary levy must be adopted by Monday, September 28, 2020. He added the City Council will still have until December 2020 to finalize the budget and make additional cuts. Mr. Boganey requested feedback and input from Councilmember Kris Lawrence-Anderson. Councilmember Lawrence-Anderson stated she is happy with the levy as proposed, and she does not have any further comments. 09/21/2020 Page 7 Mayor Elliott stated he does not feel comfortable cutting these programs. He added the police accountability portion of the budget is incredibly important, and a MAC member commented on the need of having a separate accountability committee. He noted these are all initiatives that the City Council has supported and developed over time, and any changes should occur in the major portion of the budget. Mr. Boganey stated there may be some items in the general fund budget that can be reduced. He added those activities would be absorbed into the existing base budgets. Councilmember Graves stated she asked Police Chief Gannon on Friday how he managed to increase project costs without increasing the budget. She added there may be ways in which some costs could be absorbed. Councilmember Graves expressed her frustration about the number of meetings over the past few weeks, as well as this particular meeting, which was scheduled at a time that prevents her from being able to show up for her full-time job. She added there were 4 meetings scheduled last week, and 3 meetings this week. She noted she does not have the capacity to have that many meetings and did not anticipate the number of hours she would be sitting in meetings when she decided to run for City Council and re-election. She expressed her desire that the number of meetings should decrease so she can continue to do her full-time job and support her family. Councilmember Butler stated she completely agrees with Councilmember Graves and thanked her for bringing it up. She added she is feeling very stressed with the many responsibilities of the City Council, her home life, and re-election campaign. She noted she agrees the City Council should look for other ways to plan meetings, and having late meetings is very difficult. Councilmember Ryan stated he concurs with his colleagues that there are too many meetings and they are too long, and he emphasizes with their positions as full-time working people with families. He added he is retired, and his schedule is flexible, but there are too many meetings, and there are ways that the City Council can expedite its business through more preparation time prior to meetings. He noted this has been an exceptional year, but given that, the City Council has not had this issue in the past, and it was an issue before the pandemic. Councilmember Lawrence-Anderson stated she appreciates her fellow Councilmember’s comments, and she concurs with all of them. She added there are too many meetings. She noted the City Council can expedite its business much more effectively rather than having 4 meetings per week. Mayor Elliott stated he does not necessarily want to have all these meetings, and he does not like going to 10:00 p.m. either. He added he would rather meet earlier in the day. He noted it is difficult to be effective and efficient and work through an agenda with many different unrelated items. Mayor Elliott stated the role of the City Council is to be a decision-making body, but also a legislative deliberative body, and that takes time and requires public discourse. He added he agrees it is necessary to find a way to have less meetings, and shorter meetings. He noted he appreciates 09/21/2020 Page 8 this conversation, but it is veering off topic, and the budget discussion should be wrapped up. He noted this topic can be revisited at the end of the meeting. Mr. Boganey stated City Staff has the feedback and perspective they needed in terms of City Council priorities, limits and recommended spending adjustments. He added he understands the perspective of looking at the base budget before other areas. He noted City Staff have identified the areas that the City Council feels are most important. OPTIONAL STRATEGY FOR ADDRESSING THE LEVY QUESTION Mr. Boganey stated City Staff has provided recommendations for two options that are available to the City. He requested feedback and comment from the City Council. Mr. Boganey stated the overall levy could be reduced by reducing the maximum rate for the HRA, which would generate approximately $460,000 in 2021 in the HRA levy. He added the negative effect of this option would be a bigger levy increase in a year or two, and resources that would normally go to the EDA would be reduced, which would restrict EDA activity. Mr. Boganey stated the other option for City Council consideration is the inclusion of income from development, including permits and fees, that is planned to occur in 2021. He added this would include the C-Alan Homes’ triplex development and Alatus’ multi-family apartments in Phase 1 of the Opportunity Site. He noted it is estimated that revenue from those projects will be approximately $100,000 and is not currently reflected in next year’s budget. Mayor Elliott stated he does not believe it is necessary to include revenue that the City does not have or is not confirmed yet. He added that is not a good way to budget. He noted when the development fees are received, they will be a windfall for the City budget, but he does not recommend including it at this stage. Councilmember Ryan stated he is comfortable with supporting option 2, as long as the City Council behaves in a reasonable manner and development projects continue to move forward. He added he does not support cutting the HRA levy, as that is how EDA operations are funded. He stressed the importance of development of the City’s commercial and industrial base, to generate revenue and reduce the burden on taxpayers and renters. Councilmember Graves stated she does not think it is necessary and not a good idea to cut the HRA levy. Councilmember Butler agreed. Mr. Boganey requested clarification on the items on which the City Council has agreement. Mayor Elliott stated the City Council indicated they do not support either cutting the HRA budget or including development fees that the City does not have. Councilmember Ryan stated he indicated that he is opposed to option 1 but supports option 2, as suggested by the City Manager. Mayor Elliott requested clarification regarding the options. 09/21/2020 Page 9 Mr. Boganey stated the first option was to reduce the HRA budget. He added the second option was to include income from upcoming development projects as part of the budget. He noted this is a common practice if there is a strong indication that the project will proceed, which is the case with the C-Alan Homes development. Mr. Elliott stated in his view it makes sense to do the budget without those fees, which can be incorporated in next year’s budget when they are received. Mr. Boganey reiterated that the budget does not have to be approved until December 2020, and City Staff will have a better sense of development projects by then. POLICE DEPARTMENT MEETING – WEDNESDAY SEPTEMBER 23, 2020 Mr. Boganey stated Police Chief Tim Gannon’s father passed away this morning. He requested that the meeting regarding the Police Department that is currently scheduled for Wednesday, September 23, 2020 be delayed until after Chief Gannon’s return. Mayor Elliott stated he will be sending condolences to Chief Gannon on behalf of the City Council. He added he called the meeting on Wednesday and of course it makes sense to delay until Chief Gannon can attend. He asked Mr. Boganey when Chief Gannon will be available. Mr. Boganey stated he is unsure, but two weeks out is probably reasonable. CITY COUNCIL MEETINGS – FREQUENCY AND DURATION Councilmember Graves stated, with regard to keeping the meetings shorter and more productive, there are often repetitive statements which can be reduced by paying attention to the amount of time one is speaking. She noted she knows what her role is on the City Council, and the role that the City Council plays within the community, and she does not additional information on that subject. She stressed the importance of deciding what meaningful statements need to be said instead of thinking out loud. She noted she tries to use these tips and they are helpful for her. Mayor Elliott encouraged Councilmembers to reach out and provide feedback if they have specific comments that are directed at other members. Councilmember Ryan stated the City Council’s post-election retreat will be an appropriate time to have a robust discussion on this topic. ADJOURNMENT There was a motion by Councilmember Graves and seconded by Mayor Elliott to adjourn the meeting. The motion passed. The Brooklyn Center City Council/Financial Commission adjourned at 8:12 p.m. 09/28/20 -1- 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 SEPTEMBER 28, 2020 CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Pro Tem Butler at 6:13 p.m. The meeting was conducted via Webex. ROLL CALL Mayor Mike Elliott (arrived at 6:15 p.m.), Mayor Pro Tem Marquita Butler, and Councilmembers April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Public Works Doran Cote, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS None. MISCELLANEOUS None. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS BROOKLYN CENTER BEAUTIFICATION AND PUBLIC ART MASTER PLAN Deputy City Manager Dr. Reggie Edwards introduced Public Art Consultant Jack Becker. He added Mr. Becker would give a presentation on the Beautification Public Art Master Plan, receive feedback and comment from the City Council, after which the project will be finalized. He noted Mr. Becker recently retired but has continued to work on the project to see it through to its close. Dr. Edwards expressed his appreciation for the hard work and efforts of Mr. Becker, as well as his wonderful career in public art. He added Mr. Becker has continued to work on the Master Plan despite delays due to Covid-19, with the goal of verifying and finalizing the plan. Mr. Becker reviewed the Beautification and Public Art Master Plan draft, adding he is excited to have reached the point of being able to share it with the City Council and receive feedback and comments. He thanked all the participants who have supported this effort, including City Staff, City Council, and the Community Task Force. 09/28/20 -2- Mr. Becker stated the City of Brooklyn Center has many diverse communities that have put down roots, which is a powerful visual image related to the City’s cultural life growing and blossoming. The goal of the engagement process was to inform a larger cultural plan for the City that includes public art, environmental stewardship, and engagement of local artists. The plan has been updated to be relevant to the current pandemic and recent murder of George Floyd as well as broader attempts to fight racial injustice in the country, and around the world. Mr. Becker stated the community engagement process sought to obtain diverse perspectives through community meetings, interviews, and events, as well as the City newsletter and social media sites. He added notes from these community engagement efforts can be made available upon request, including resident responses and data that supported findings and recommendations. Mr. Becker reviewed short-term operational strategies, including plan launch; establishment of an Arts and Culture Commission; building the capacity of City Staff to manage projects; consideration of funding sources; and ways to increase awareness and appreciation of public art. He added the work plan action steps include exploring program funding; finances; community engagement; education; and development of public art spaces. Councilmember Graves thanked Mr. Becker for his presentation and hard work on this project and congratulated him on his retirement. She added she is very excited about the plan, and she appreciates the environmental stewardship and racial justice aspects of the plan. She added several City Council priorities are addressed, including resident economic stability; youth and resident engagement; community image; and a safe and healthy community. She asked whether a list of local resident artists was created through this process. Mr. Becker stated identifying residents of Brooklyn Center who identify as artists, and interested in participating in public art, was a big challenge. He added there are many artists that live close to Brooklyn Center, but few artists and arts organizations or related companies in Brooklyn Center that he was able to identify. He noted there are a lot of creative people from diverse cultures who may not identify themselves as an artist, which is why it is important to have workshops and educational program, to draw out Brooklyn Center residents who do creative work. Councilmember Graves stated it is time for Open Forum. Mayor Elliott stated he received feedback from Task Force members that there was low participation at Task Force meetings. He asked what Mr. Becker’s experience was in trying to engage people to be a part of the process. Mr. Becker confirmed there was a low level of participation from the Task Force members, even though they initially signed up for it. He added efforts to follow up with them were not successful, and the whole experience was a challenge, and very frustrating for him. He added there was no way for him to hold the Task Force members accountable, and only about half of the people who signed up actually came to the meetings. Mayor Elliott asked what the average attendance at the meetings was. Mr. Becker stated 5 or 6 people usually showed up at the meetings. 09/28/20 -3- Mayor Elliott expressed his congratulations to Mr. Becker on his retirement. Mr. Becker stated he is committed to having the Master Plan final draft back to the City Council before October 20, 2020. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Mayor Elliott adjourned the Study Session at 6:49 p.m. RECONVENE STUDY SESSION Mayor Elliott reconvened the Study Session at 6:50 p.m. BROOKLYN CENTER BEAUTIFICATION AND PUBLIC ART MASTER PLAN – CONTINUED Mayor Elliott asked whether the City Council had any additional questions for Mr. Becker. There were no additional questions or comments. Mr. Boganey expressed his thanks and congratulations to Mr. Becker for completing the plan project. He added City Staff looks forward to implementing the plan. COUNCIL DIRECTION FOR CITY ATTORNEY City Attorney Troy Gilchrist requested City Council feedback and direction regarding the amount of individual service he should provide for individual Councilmembers. He added he has worked for the City of Brooklyn Center and with many Councilmembers over the past 6 years, and he is ready to help and be of assistance. He noted he has been asked recently to participate in meetings and prepare documents related to policy issues that have not been reviewed by the City Council. Mr. Gilchrist requested City Council feedback regarding whether there are any concerns with him performing that sort of work. He added there can be potential problems and issues related to time and resource management if he is instructed to prepare policy documents for individual Councilmembers on a regular basis. He noted the meetings and policy documents in question are not a result of direction from the City Council. Mr. Gilchrist stated his request for guidance from the City Council should not be viewed as a criticism of the Mayor or anyone else. Mayor Elliott stated Mr. Gilchrist is speaking in general terms, but referring to him specifically, with regard to requests for meetings. Mr. Gilchrist confirmed this. Mayor Elliott stated he asked to meet with Mr. Gilchrist in his capacity as Mayor, to stay abreast of legal questions that face the City. He added he has requested meetings every other week as he wants to do a good job as Mayor, especially with the added responsibility of the pandemic. He 09/28/20 -4- noted it is a common practice in other cities to seek legal advice from the City Attorney before presenting a certain document to the City Council, and he personally does not see anything wrong with it. He asked for comments from the City Council Councilmember Graves stated her first thought related to the emergency situation at the beginning of the pandemic, when the Mayor met with the City Attorney regarding legal action related to street construction, and there were concerns about air quality. She added those meetings made sense, but the City Council knew about those meetings. She noted she would want to know what the meetings are about, and what policies are being discussed. She noted, in the past, she has brought draft resolutions to City Staff for their review and recommendations. Councilmember Ryan stated he has no problem with the occasional calls for information, but he is concerned about the Mayor initiating policy research and position papers without City Staff or City Council involvement or knowledge. He added the usual practice is that the City Council works collaboratively through the City Manager. He noted leaving the City Manager out of the loop is not something he would consider best practice. Councilmember Ryan stated it is 7:00 p.m., and time for the Regular Session. He requested further review of this issue during the Work Session. ADJOURNMENT Mayor Elliott adjourned the Study Session at 7:00 p.m. 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 September 28, 2020. 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 October 12, 2020, Regular Session. Barbara Suciu, City Clerk Mike Elliott, Mayor 09/28/20 -1- 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 SEPTEMBER 28, 2020 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 Mike Elliott at 6:45 p.m. The meeting was conducted via Webex. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Mark Ebensteiner, Director of Public Works Doran Cote, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Mayor Mike Elliott opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:49 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Graves read a poem she wrote on a recent trip to Lake Superior’s North Shore. Water Works They say don’t cry, dry those tears, but tears are full of pain, fear and years Ancient and cosmic experience gestates in the womb, underwater pockets of oxygen jungles in bloom Our bodies hold the sacred nectar in abundance, is this life’s most powerful substance Meant to be honored and revered; still, many times it is overlooked and feared Taken for granted, this beauty is God’s pure magic. And just as the wind molds the surface into caps, our own life experiences shape our masks Those we wear to try to cover our true self; afraid vulnerability will tighten the belt. The ties that bind us to each other, they can be the saving grace, or oppressively smother 09/28/20 -2- So we tell one another, don’t cry. Does the sea not raise, release and roar? Letting tears flow, allow your spirit to soar Higher, freer, more in touch, with the natural element that we owe so much Like raindrops on still water, each tear that falls ripples out Touching with renewed connection, soothing the doubt Fear disappears as tears dissipate, opening our hearts to restart a clean slate Waiting in wonder for what will create Earth into divinity from origins profound, travelled through all realms, from sky to ground Reverberating in sound, echoes of the past, recognizing the first is also the last The cycle never ending. The beginning is the end Flowing in water’s grace, our spirits can ascend Like evaporated droplets, reaching out toward the sun; the journey, the evolution, a transformation begun. -April Graves 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott at 7:00 p.m. 4. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Mark Ebensteiner, Director of Public Works Doran Cote, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. September 2, 2020 Joint Work Session 2. September 8, 2020 Joint Work Session 3. September 14, 2020 Study Session 4. September 14, 2020 Regular Session 5. September 14, 2020 Work Session 6b. LICENSES Mechanical Licenses 09/28/20 -3- ACI Plumbing 6217 W. Lake St St. Louis Park, 55416 FFM LLC dba Linn Star Transfer 9440 Wright Bros Ct Cedar Rapids, IA 52404 Hearth & Home Technologies LLC dba Fireside Hearth & Home 7571 215th Street W Lakeville 55044 Pronto Heating & A/C 7415 Cahill Rd Edina 55439 Sustainable Heating and Cooling Inc. 21646 Thomas St. Wyoming, 55092 Sign Hangers Licenses Install this Awning & Sign 4835 Lyndale Ave N Minneapolis 55430 Veo Sign LLC 6353 Martin Ave NE Otsego, 55301 RENTAL INITIAL (TYPE II – two-year license) 3901 Eckberg Dr Emma Chang/EC Rental LLC RENEWAL (TYPE IV – one-year license) 5834 Camden Ave N FYR SFR Borrow LLC ‐ met requirements RENEWAL (TYPE III – one-year license) 1309 68th Ln Amanda Frost Nelson 2119 70th Ave N Ronen Shayari 6413 June Ave N Cel Monton LLC 7156 Unity Ave N Michelle Shaffer III RENEWAL (TYPE II – two-year license) 407 70th Ave N Gary Brummer 5245‐47 Drew Ave N Mai Xiong 6200 Bryant Ave N Vera Dixon ‐ missing CFH Cert. 6912 Unity Ave N Geri Lynn Williams / NJERI Enterprises LLC 3801 Woodbine La Tom Prasky II RENEWAL (TYPE I – three-year license) 6121 Brooklyn Blvd The Sanctuary at Brooklyn Center 3612 55th Ave N Lutheran Social Services of MN 2806 66th Ave N Thown Thor/Wooberg LLC ‐ missing CPTED & CFH 5025 Ewing Ave N Julie Kazmierkoski ‐ met requirements 6538 Ewing Ave N TuUyen Tran 6412 Humboldt Ave N Tou Yang 09/28/20 -4- 5338 Irving Ave N Joseph Noonan / TMC Management Corporation 4207 Lakeside Ave N #223 Douglas Hollman 4207 Lakeside Ave N #334 Vihn Mai / Next Stage Retail 6806 Perry Ave N James Archer 6325 Xerxes Ave N Linus Amajuoyi/ Associated Tender Care LLC - missing CPTED Follow up 6c. RESOLUTION NO. 2020-072 APPOINTING ELECTION JUDGES FOR THE 2020 PRESIDENTIAL GENERAL ELECTION 6d. AMEND CITY COUNCIL MEETING CALENDAR 6e. RESOLUTION NO. 2020-073 ACCEPTING FEASIBILITY REPORT AND CALLING FOR AN IMPROVEMENT PUBLIC HEARING FOR IMPROVEMENT PROJECT NOS. 2021-01, 02, 03 AND 04, GRANDVIEW SOUTH AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS 6f. RESOLUTION NO. 2020-074 APPROVING ESTABLISHMENT OF THE BROOKLYN CENTER EMERGENCY ASSISTANCE FOR DIRECT SUPPORT SERVICES PROGRAM 6g. RESOLUTION NO. 2020-075 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $5,005,000 GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2020A Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS None. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2020-05 AMENDING CHAPTER 4 OF THE CITY CODE OF ORDINANCES REGARDING WATER CONSERVATION RESTRICTIONS (SECOND READING) Public Works Director Doran Cote reviewed proposed amendments to the Brooklyn Center Water Conservation Ordinance. He added State statute requires that the City’s water supply plan is updated every 10 years, and that conservation restrictions are adopted and enforced. He noted the Ordinance addresses a critical water deficiency plan, enhances the current water sprinkling ban, and establishes violation penalties based on recommendations from the League of Minnesota Cities. 09/28/20 -5- Mr. Cote stated City Staff recommends that a public hearing be held, and that the City Council approve the 2nd reading of the Ordinance amendment regarding water restrictions. Councilmember Graves asked how the City knows when there has been a watering ban violation. She added she often sees large commercial businesses or housing developments with sprinklers on after it has rained. She noted they are probably on a timer, but it is unnecessary, and asked if that can be tracked. Mr. Cote stated the City is usually notified by an observer or bystander, or if City Staff happen to notice sprinklers are being used when there is a restriction. He added City Staff notifies the property owner that there is a violation. He noted properties that have well water, of which there are very few, are not subject to the Ordinance. Councilmember Graves asked how residents can find out about water restrictions. Mr. Cote stated, under the proposed Ordinance amendment, information will be available on the City’s website when water restrictions reach level 3 or 4. Councilmember Butler asked how the Ordinance amendment will be communicated to residents. Mr. Cote stated written notification will be sent to every property within Brooklyn Center. He added the information will also be posted in City Hall and on the website. He noted all reasonable efforts will be made to notify residents. Ryan asked whether a notice could be placed in residents’ water bills. Mr. Cote stated that is a possibility, but the City’s water bills are sent on a quarterly basis, so a direct mail notice would probably still be required in case of a water emergency declaration. Mayor Elliott moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Randy Christensen requested clarification regarding the purpose and origin of the Ordinance amendment. Mr. Cote stated the proposed Ordinance amendment is required to bring the City’s Water Emergency Plan into compliance with requirements from the Minnesota Department of Natural Resources. Mayor Elliott moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to approve the Second Reading and adopt ORDINANCE NO. 2020-05 Amending Chapter 4 of the City Code of Ordinances Regarding Water Conservation Restrictions (Second Reading). Motion passed unanimously. 09/28/20 -6- Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2020-076or Summary Publication of Ordinance No. 2020-05. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. RESOLUTION NO. 2020-077 REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2020-008 SUBMITTED BY EDUCATIONAL PROPERTIES II, INC. REQUESTING PRELIMINARY AND FINAL PLAT APPROVAL FOR NOMPENG ADDITION (6201 AND 6225 NOBLE AVENUE NORTH AND 4701 63RD AVENUE NORTH) City Planner Ginny McIntosh reviewed an application for preliminary and final plat approval for Nompeng Academy on a site comprised of three properties that is currently on the market for sale. The main portion of the property, a 13.57-acre site, was originally constructed as an elementary school in 1965 and later became Odyssey Academy, which closed in 2017. Site plan amendments were requested in 2018 for the opening of Nompeng Academy, a K-8 charter school, with improvements including onsite parking, a dry pond and bio-filtration basin, and gated bus driveway. Ms. McIntosh stated Educational Properties II acquired two single-family residential properties at the northeast corner of the school property for the purpose of additional green space for the school. The proposed re-plat would combine the two properties with the main school property as required under City Code. The Assistant City Engineer’s September 3, 2020 memo provides recommendations including requirement of a 10-foot drainage and utility easement around the parcel. The right-of-way is required to be widened along Perry Avenue to be consistent with adjacent properties. Vacation of easements must be completed through separate application with the City, and applicant has already submitted an application for review. Ms. McIntosh stated City Staff was contacted by a few residents before the public hearing at the Planning Commission meeting, expressing concerns about the purpose of the request and whether there were any development proposals for the property. She added the Planning Commissioners asked whether the sale was contingent upon City approvals, which it is not. She noted the properties are zoned R-1, and there are very few uses allowed in the R-1 district. Ms. McIntosh stated the Planning Commission unanimously recommended City Council approval of the preliminary and final plat of Nompeng Addition, subject to conditions of approval. Councilmember Graves asked whether the property owner has plans to do additional improvements for the property. Craig Kapler stated there are no additional plans for the property. He added the residential lots were acquired to increase green space. 09/28/20 -7- Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2020-XX Regarding Recommended Disposition of Planning Commission Application No. 2020- 008 Submitted by Educational Properties II, Inc., Requesting Preliminary and Final Plat Approval for Nompeng Addition (6201 and 6225 Noble Avenue North and 4701 63rd Avenue North). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. PRELIMINARY 2021 PROPERTY TAX LEVY AND BUDGET Mr. Boganey thanked the Financial Commission, City Staff, and Finance Director Mark Ebensteiner and Assistant Finance Director Andy Splinter for all their hard work in developing the preliminary budget and levy, which reflect the goals and values of the City Council, including fiscal restraint. He added this was an unusual budget process, as so much of the work was done virtually, and in the midst of dual pandemics. He noted this has taken a lot of collaboration and cooperation, to produce what he believes is a budget that reflects the values and goals of the City Council. Finance Director Mark Ebensteiner gave a presentation on the proposed 2021 preliminary tax budget and levy. He added a series of joint work sessions with the City Council and Financial Commission were held to give information and receive feedback and comments. Mr. Ebensteiner stated the proposed total City levy of $19,945.566 reflects an increase of $436,256 from 2020, and a 2.24% impact. The general levy shows an increase of 1.93% with guidance from the City Council and would result in overall estimated impact to median value home of $56. Mr. Ebensteiner presented general fund revenues by source, function and object, including a significant change to “Miscellaneous” under “Function”, showing an increase due to a fund reimbursement calculation. He added the largest percentage increase in the General Fund is Public Safety at 47%. He noted the majority of these expenses are personnel related. Mr. Ebensteiner stated the City Council’s 2021 strategic initiatives were summarized in prior work sessions, and total $466,000. Some adjustments have been made to revenues and expenditures to reduce the 1.93% maximum levy increase. City Staff will continue to evaluate initiatives and which departments they fall under within the budget. Mr. Ebensteiner stated the City’s taxable market value increased by $165 million or 7.2% for taxes payable in 2021, as they have increased for the past 7 years. Residential tax capacity decreased from 51.2% in 2020 to 50.7% in 2021, and property owners saw an increase in the median value home from $198,000 in 2020 to $207,000 in 2021, which is the highest level since 2008. Mr. Ebensteiner showed a comparison of peer cities showing an annual levy increase from year to year. He added the City’s adopted levy increase follows other Minnesota cities. He noted statewide increases have been driven by factors including infrastructure costs. 09/28/20 -8- Mr. Ebensteiner stated property tax rates in Brooklyn Center tend to be higher than comparable peer cities due to low tax base and tax capacity as well as the use of TIF financing. He added property tax rates have decreased over the past few years and will decrease again in 2021. He noted the City’s tax rate must be higher than other cities to generate the same property tax revenue per capita. Mr. Boganey stated he has received comments from residents regarding the high tax rate in Brooklyn Center. He added Minnesota has a complex taxing system, with no direct correlation between the tax rate and the taxes that are collected. He noted the City must see an increase in taxable capacity and values to see a lower tax rate. Mr. Ebensteiner stated City Staff recommends City Council approval of two resolutions approving the preliminary levy and adopting the preliminary 2021 budget. He added joint study sessions will continue through October and November to review special revenue, debt service, utilities, and enterprise and internal service funds. He noted a public hearing and adoption of the final tax levy and budget is scheduled for December 7, 2020. Mayor Elliott stated he is happy to see further adjustments to the budget, which reduces the total tax burden on residents from what was originally proposed. He added this takes into account the current financial crisis as well as the importance of providing critical services and initiatives that respond to the changing conditions created by the pandemic and other issues such as systemic racism. He noted the City Council, like many City Councils around the country, is working to achieve balance in these important areas, and will continue to work toward a final budget. Councilmember Graves thanked Mr. Ebensteiner for his presentation. She asked where the money will come from that will fill the gap on some of the Council priorities. Mr. Boganey stated, due to the short turnaround time, City Staff were able to make a relatively small increase in revenue from building permits that are not related to the Opportunity Site. He added the other adjustment is a reduction in the $100,000 contingency, which will be restored to its regular balance before December 2020. Councilmember Graves requested that the City Council continue to receive updates and information as City Staff moves forward with that. Mr. Boganey agreed Councilmember Graves requested clarification regarding tax capacity, which seems to be an unequitable economic situation. She added tax rates go down when tax capacity goes up. She asked whether that can be addressed, as it impacts so many people, and maybe provide an example for other communities of how it can be done. Mr. Boganey stated Minnesota focuses less on the tax rate than other states, where there is a direct correlation between tax rates and taxes. He added Minnesota’s tax law is written so that tax rate changes are based on how values change over time, with rate differences related to the taxable capacity of other communities. 09/28/20 -9- Mr. Boganey stated the City Council can address questions of equity through the decisions they make regarding community development and redevelopment. He added new development, growth in values, and increased commercial property tax base make it feasible for the City Council to make policy decisions and influence issues of equity. Councilmember Graves stated the City Council is already involved in many of these efforts, working with City Staff to implement strategies, but often does not have a lot of control over the tax burden. She added it seems that something needs to change when poor cities have a larger tax burden than cities with more wealth. Mr. Boganey stated the tax burden relates to how much taxes fall on which property owners, and the Minnesota tax system is generally more equitable, because the property tax is regressive, and residential properties under a certain value get a tax break. Tax capacity rates applied to industrial properties are higher than single family homes, so industry pays a higher share. The tax capacity concept was developed to be more equitable and ensure that homeowners assume a smaller share of the actual tax burden. Councilmember Butler thanked City Staff for the presentation, and for making the necessary changes with such tight turn around. She asked whether the new homes off Highway 252 that are being built will impact future budgets, as they add to the City’s new housing stock. Mr. Boganey stated the 30 new homes will expand the City’s tax capacity, which has the effect of reducing the overall tax rate. He added he can provide additional details. Councilmember Butler asked whether that would affect the next year’s budget. Mr. Boganey stated properties are assessed in January for taxes payable for the following year. Councilmember Ryan thanked City Staff for working hard to deliver a budget that reflects the City Council’s collective values and goals. He added this has been a year like no other, and the City Council has approved things this year that he would not have thought appropriate for the City, that generally fall under the County’s responsibility. He added, however, this year he is pleased that consideration was made, and the City Council broke the mold, as these efforts will support residents with the greatest need in the coming year. Councilmember Ryan asked whether Minnesota still a “circuit breaker” policy for property tax for homestead properties, and if current income relative to property valuation increase triggers a tax refund for eligible residents. He added this has been a policy of the State of Minnesota that helps weight the tax system toward equity and provide tax relief for low income residents with a significant property valuation increase. Mr. Ebensteiner confirmed this. Councilmember Graves thanked Councilmember Ryan for that additional information, and also for his continued work thinking outside the box of his previous work with the City Council. She expressed appreciation for his willingness to work toward making smart choices that will provide support for the City’s residents. Mayor Elliott stated he echoes the comments of the Councilmembers, and recognizes Councilmember Ryan’s comment that investments are needed due to the changing nature of the 09/28/20 -10- environment and the needs of the community, that would not typically have been considered in the past. He added these changes will help Brooklyn Center become a better, stronger community, and a model for other communities as well. Councilmember Lawrence-Anderson stated she is pleased with the budgets and the changes that were incorporated so quickly, as they are necessary for the changing community. She added she is pleased that there is virtually no impact to residents. She thanked the Finance Department staff, City Manager, and Financial Commissioners for their hard work and efforts in reviewing and modifying the budget. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2020-078 Approving a Preliminary Tax Capacity Levy for the General Fund and Debt Service Funds and a market value tax levy for the Housing and Redevelopment Authority for property taxes payable in 2021. Motion passed unanimously. Councilmember Graves moved and Mayor Elliott seconded to adopt RESOLUTION NO. 2020- 079 Adopting a Preliminary Budget for the 2021 Fiscal Year. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Graves stated, on Saturday, September 26, 2020, she participated in a women’s brunch hosted by Inner Hero, an organization that provides activities and events for the Brooklyn Center, Brooklyn Park, and North Minneapolis communities, including initiating police/community dialogues and scheduling sports activities for youth. She added she was a guest speaker at the event, along with Hennepin County Lead Public Defender Mary Moriarty, discussing criminal justice and police injustice issues as well as re-entry and restorative justice. She recognized Mary Moriarty and the Inner Hero organization. She encouraged everyone to learn about the work Ms. Moriarty does for Inner Hero. 12. ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:23 p.m. Motion passed unanimously. 09/28/20 -11- 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 September 28, 2020. 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 October 12, 2020, Regular Session. Barbara Suciu, City Clerk Mike Elliott, Mayor 09/28/20 -1- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION SEPTEMBER 28, 2020 CALL TO ORDER The Brooklyn Center City Council met in Work Session called to order by Mayor Mike Elliott at 8:31 p.m. The meeting was conducted via Webex. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. COUNCIL DIRECTION FOR CITY ATTORNEY CONTINUED FROM STUDY SESSION Discussion continued from the Study Session, regarding Council direction for the City Attorney. Councilmember Ryan asked Mr. Gilchrist how many times he has met one-on-one with the Mayor. Mr. Gilchrist stated recently the Mayor has requested meetings every other week to get updates on what he is working on for the City Council. He added there was no regularly scheduled contact before that. Mayor Elliott stated he requested half-hour meetings with the City Attorney. Councilmember Ryan stated he does not have a problem with requests for information from the Mayor being reviewed by the City Attorney. Councilmember Ryan asked whether this time is billable hours for the City. Mr. Gilchrist confirmed this. Councilmember Ryan asked what Mr. Gilchrist’s billable rate is. Mr. Gilchrist stated he charges the City $171/hour, billed in six-minute increments. He added this is an ongoing standing contract that has been in place for decades. Councilmember Ryan expressed his appreciation for Mr. Gilchrist’s hard work and that of his predecessor. Councilmember Ryan stated the City Manager should always be informed when requests are made for research or preparation of resolutions and documents, including any interactions with the City Attorney. He added the system is most functional when members have a work session, arrive at a consensus, and then, on the advice of the City Manager, determine an appropriate course of action. He noted past City Councils have functioned well when they follow sound procedures, ensure orderly deliberations and provide results and decisions determined by the majority. He stressed 09/28/20 -2- the importance of the public’s trust and confidence in the City Council and their ability to function in an effective, efficient manner. Councilmember Ryan stated all City Councilmembers are equal in policy matters and have equal access to the City Manager and City Attorney, which should be used in a limited manner. He added he is concerned that the City Manager will be left out of policy discussions, which would be inefficient and not transparent. He added the City Council has been forced to do things differently this year in terms of process due to Covid-19, but the process has generally been effective over the years, and gives the work of the City Council greater strength and integrity. Mayor Elliott stated he often works with both the City Manager and City Attorney. He added he asks the City Attorney questions and forwards the question to the City Manager as well. He added it is not lost on him that this is an important component of the issue. Councilmember Butler stated she does not have an issue with it as long as there is no significant budgetary concern. She added, however, she can respect other people’s feelings towards this issue. Mayor Elliott stated he is aware of the cost and time of meetings he schedules with the City Attorney. Councilmember Ryan stated he does not have any problem with brief inquiries for information. He added he is pleased that the Mayor is aware of the length of his meetings. He stressed the importance of considering the best process that gives the greatest effectiveness and functionality. Councilmember Graves stated the Mayor was required to make emergency policy decisions at the start of the pandemic. She added, in that situation, she understands the Mayor’s request for time with the City Attorney. Councilmember Graves stated an issue that has given her pause is the 252 Task Force, which she felt was a rushed decision, and she is not even sure whether the City Attorney advised on that decision. She added there should be more representation on the Task Force in terms of diversity, ethnicity and age, businesses as well as residents, and residents from other locations within the City. She noted the process created confusion for people working on the project and other jurisdictional partners, but also slowed the process down. Councilmember Graves stated she wants to be transparent and offer another example of something she has reflected on, seeing both ways in which the City Council can improve, and how positive outcomes can come out of a mistake. Councilmember Ryan stated he appreciate Councilmember Graves’ mention of the Highway 252 Task Force. He agreed that was a case of a decision that was rushed, as the City Council was getting a lot of pressure from a neighborhood group that was up and running. He added the City Council should not allow that situation to set a precedent, through which a neighborhood group determines their membership, dictates their own actions and yet represents the entire City. He noted he feels it is important to be deliberate and make decisions in a timely manner. 09/28/20 -3- Councilmember Lawrence-Anderson thanked the City Attorney for bringing this issue to the Council’s attention and providing transparency. She added the City Council should be kept informed about these types of issues, so everyone knows what is happening. She noted she would not personally contact the City Attorney without contacting the City Manager first. She noted her primary concern is with transparency. Mayor Elliott stated he agrees with everyone’s comments in substance and spirit. He added he communicates with the City Attorney but would involve City Staff when he wants to move something forward. He noted both the City Manager and the City Attorney report directly to the City Council. His view is that City Staff works for the City Council, which has the ultimate responsibility as the elected body. Mr. Gilchrist stated the Mayor has the authority to exercise emergency powers effectively, as shown in recent history. He added, however, it would make sense to review issues related to policy with the City Manager and City Council. Mayor Elliott stated his view is that if a policy issue is in early draft stages, it may throw people off and raise more questions by sending it to everyone. He added, when the policy is ready, he would communicate with City Staff and the City Council, otherwise it might cause more questions than necessary. Councilmember Ryan stated he would like to get the City Manager’s input on this issue. He expressed his opinion that anything related to policy should be reviewed by the City Manager first. He referred to an incident earlier in his service on the City Council when a Councilmember did not involve the City Manager in re-writing the rental licensing 0rdinance. Mr. Boganey stated the City Manager, as well as the City Attorney, work for the City Council as a whole and not for individual members. He added transparency is a very important consideration when policy issue discussions do not occur before the whole City Council in a public meeting with deliberation and discussion. He stressed the importance of a transparent process, which can be addressed by making any draft documents available to the City Manager and City Council. He noted the City Council should have knowledge of what is being discussed or proposed, to maintain City Council responsibility and authority, as all Councilmembers are equal with regard to policy development. He stressed the importance of ensuring that the entire body is informed. Mayor Elliott stated this is a continuing discussion and he welcomes any Councilmember who wants to work on policies that will help improve the City and its residents. He added he knows of councilmembers on other councils who develop and work on initial drafts of policy in consultation with their city attorney, and seek council input only when legal questions have been answered, and if further council direction is required. He noted it helps to do the initial work first, and flush things out with the City Attorney. He stressed the importance of being mindful of how the resource is being used. Councilmember Ryan stated the City Manager just explained the appropriate course of action that is in the interests of transparency and citizen engagement. He added what the Mayor is describing sounds like a process that is unmanageable, if it results in each Councilmember having equal claim 09/28/20 -4- to the City Attorney’s time. He noted the process has remained the same over past Councils that had different goals and priorities, but the process has produced policies and ordinances and have served the City well while conserving resources and increasing functionality and transparency. Mayor Elliott stated there are things that he talks directly with the City Manager about that he has not discussed with the City Attorney. He added he feels it is important to have the discretion to be able to work in a way that makes sense on a case-by-case basis. Councilmember Lawrence-Anderson stated there should be a Council discussion if a Councilmember wants to change a policy, and City Staff can be directed to consult with the City Attorney. She added she does not support any Councilmember going directly to the City Attorney to change a policy if the balance of the City Council does not know about it. She noted any policy changes should be discussed as a Council to determine if there is a consensus. She noted this is an amendment to her previous comments. Mayor Elliott stated he wants to get more information if he wants a policy changed, and that includes clarification from the City Attorney. He added he needs to be well-informed enough to be able to speak about a specific issue, so it makes sense for him to initiate a conversation with the City Attorney, who is a resource for the City Council. He noted advice from the City Attorney will ultimately give direction to the City Council instead of going into something blindly. Councilmember Lawrence-Anderson stated she does not have an issue with the Mayor asking questions about a policy, but she has concerns with the Mayor preparing draft policy documents in advance of the City Council knowing anything about it. She added the Mayor would not be able to copy in the City Council as that could potentially violate the Minnesota Open Meeting Law. She noted creation of a draft policy without the full Council awareness is not transparent. Mayor Elliott stated he has experience and understanding of other councils where members work on policy and present it as a draft to their council if their city attorney is involved in the process. He added, in other councils, members work with their city attorney to draft policy, and present an initial draft to the city council. Councilmember Ryan stated the City Council are all members of the same deliberative body, and it has been the practice of the City Council to act collectively. He added a Councilmember’s ideas should be reviewed by the City Manager, after which a work session could be scheduled for City Council deliberation and decision on a course of action. He noted many issues will go through the City Attorney anyway, but initial questions should be addressed by the City Manager, and new policies or new actions should not be initiated by an individual Councilmember, but rather deliberated as a group in work sessions to determine a consensus. Councilmember Ryan stated the process should allow for the greatest transparency or it will be inefficient and unworkable, and to avoid conflict with Open Meeting Laws. He added he supports allowing members to contact the City Attorney occasionally for brief questions. He noted the privilege should not be overused. 09/28/20 -5- Councilmember Butler stated, in light of comments made at the last City Council meeting, she would like to move this discussion along. She asked Mr. Gilchrist if he could ask a specific question or questions, to determine whether there is City Council consensus. Mr. Gilchrist asked the City Council to indicate whether they support individual Councilmembers consulting with him regarding policy matters and preparation of policy documents upon request before these matters have been reviewed by the City Council as a whole. Councilmembers Lawrence-Anderson and Ryan stated no. Councilmember Butler stated she is okay with it but there should be parameters with regard to capacity and budget. Councilmember Graves stated this issue brings up more questions for her. She asked what the City Attorney’s capacity for would be for having multiple Councilmembers reaching out, and maybe there could be a flat rate instead of hourly rate. She added she contacts the City Manager when she has questions or comments, but he does not get paid for those calls, like the City Attorney does. She noted transparency makes a big difference, and the process should be deliberative. Councilmember Graves stated she does not have a problem with Councilmembers brainstorming with the City Attorney as long as it does not have an impact on time and budget. She added potential new policies should be reviewed by City Staff to evaluate the impact on operations and discussed by the City Council in work session to provide time for deliberation. She noted she understands how it would be beneficial, but transparency is of the utmost importance, and City Staff should be allowed to evaluate the impact of whatever will be written into law. Mayor Elliott stated the City Council raised important issues and ideas to take into account, like exploring a flat rate, putting parameters around the process, assessing the impact on operations, and giving the City Council sufficient time to assess and deliberate on policy issues. He added he agrees with all of those points. Mayor Elliott asked Mr. Gilchrist whether he has sufficient clarification. Mr. Gilchrist stated it sounds like the majority of the City Council responded yes, but with parameters and limits. He added he wants to make sure that the City Council is not surprised by policy issues that may come before them for review. Mayor Elliott stressed the importance of discussing these issues, to help the City improve and become a community that others will emulate. He added he appreciates everyone’s perspectives and opinions, even when they do not agree. He noted he approached this discussion without any attachment to the outcome, and he intends to honor what collectively comes out of the discussion. SNOWMOBILE AND RECREATIONAL VEHICLE ORDINANCE DISCUSSION Community Development Director Meg Beekman requested City Council consideration of a proposed Ordinance that would prohibit the use of snowmobiles and ATV’s on private property. She added this issue was raised due to recent ongoing complaints of snowmobile and ATV use at 09/28/20 -6- one particular property, and there have been other complaints in the past that were few and far between. Ms. Beekman stated the City Code does not limit use and operation of snowmobiles and ATV’s on private property or public roadways. She added most metro area communities limit the use of these vehicles on private property and public roadways. She noted the exception would be trails specifically designated for those types of vehicles. Ms. Beekman stated the current Ordinance restricts the use of snowmobiles on public streets and roadways, but does not address the use of snowmobiles on private property. She added there is no information in the Code regarding ATV’s. She noted the proposed Ordinance would add ATV’s, off-highway motorcycles and recreational vehicles to this category, but motor homes would be excluded, as they can legally be driven on roadways when licensed by State Department of Motor Vehicles. Councilmember Butler stated she would support having the Housing Commission review this issue. She added hopefully they can review it at their October meeting. Councilmember Graves stated she is not opposed to having the Housing Commission review this issue. She asked what the complaints were, and how many were received. Ms. Beekman stated a particular property owner built a track and was operating a snowmobile on their private property. She added there were numerous complaints from neighbors related to noise and fumes, and complaints about ATV’s and off-road motorcycles being operated on City streets around the neighborhood. She noted there have been a cluster of complaints over the past 8-9 months related to one particular property. Ms. Beekman stated no enforcement actions were taken because there was no existing Ordinance to address this issue. She added City Staff followed up with the property owner and asked them to be cognizant of noise and odor impacts. Councilmember Graves asked whether the Noise Ordinance would apply in this case. Ms. Beekman stated the Noise Ordinance relates to a list of specific activities, such as road construction, during certain times of the day. Councilmember Graves stated there may be some other potential avenues, depending upon whether this is a safety issue or a nuisance issue. She added she is reluctant to create an Ordinance based on one property that neighbors are complaining about. She noted she would support having the Housing Commission take a look at this issue and have them weigh in, but she is not committed to pursuing this course of action. Councilmember Ryan stated the functionality around this is a nuisance Ordinance for the use of vehicles on private property. He added most cities have this type of ordinance to prevent damage to roadways and trails that are not designed for snowmobiles and ATV’s. He noted the types of 09/28/20 -7- trails that are maintained for the purpose of use by recreational vehicles are typically not found in the metropolitan area. Councilmember Ryan stated there is a nuisance aspect to allowing snowmobiles and ATV’s on private property in residential neighborhoods. He added there may not be many ATV users in the City. He noted he would support sending this issue to the Housing Commission for review, and potentially find out if there are other residents who would be impacted by this potential restriction. Councilmember Graves asked whether use of ATV’s is allowed in public parks. Ms. Beekman stated snowmobiles are prohibited on public land, but the Code does not address ATV’s and other recreational vehicles. Councilmember Graves stated it makes sense to review the issue from a safety perspective. She added she realizes it can be a nuisance, but there might be some other avenues that a resident could pursue beyond this particular Ordinance. She added another aspect of the issue is where it might be allowed on private property. She stressed the importance of keeping as many freedoms as possible, while maintaining a safe and healthy environment in the City’s neighborhoods. Councilmember Lawrence-Anderson stated she supports sending this to the Housing Commission for review. She added ATV’s can be stored on private property, but they cannot be operated on private property. Mayor Elliott stated he supports sending this to the Housing Commission for additional review. He added he would like to know how much of an impact this would have on people who might run afoul of the restrictions, and the connection between the necessity of the restriction and any potential impacts. ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded adjournment of the City Council Work Session at 9:37 p.m. Motion passed unanimously. 09/28/20 -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 Work Session of the City Council of the City of Brooklyn Center held on September 28, 2020. 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 October 12, 2020, Regular Session. Barbara Suciu, City Clerk Mike Elliott, Mayor C ouncil R egular M eeng DAT E:10/12/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :D r. Reggie Edwards, D eputy C ity M anager BY:A lix Bentrud, D eputy City Clerk S U B J E C T:A pproval of Licens es B ackground: The following bus inesses /persons have applied for C ity licens es as noted. Each bus iness/pers on has fulfilled the requirements of the C ity O rdinance governing respec3ve licens es, s ubmi4ed appropriate applica3ons, and paid proper fees. A pplicants for rental dwelling licens es are in compliance with C hapter 12 of the City Code of O rdinances, unless comments are noted below the property address on the a4ached rental report. Gasoline S ervice S taon Brooklyn C enter M unicipal G arage 6844 S hingle C reek Parkway Brooklyn C enter, 55430 H ospitality License Travelodge 6415 James Circle N Brooklyn Center, 55430 M echanical Licenses A ir it I ndoor Comfort L L C 8600 Xylon Ave N, S te 107 Brooklyn Park, 55445 A irics H ea3ng & A ir C ondi3oning I nc. 9220 J ames Ave S . S uite F Bloomington, 55431 I -S ite 2 P lumbing L L C dba P riority P lumbing & D rains 13220 C o Rd 6, #150 M inneapolis 55406 I deal A ir L L C 17900 A ztec S treet N W A ndover 55304 Knight H ea3ng & A ir C ondi3oning I nc. 13535 89th S treet N E Elk River 55330 K &S H ea3ng, A ir Condi3oning and P lumbing 4205 H w y 14 W Roches ter 55901 S wiF H ea3ng and A ir Condi3oning I nc. 3404 V ictoria S t N S horeview 55186 Travis G lanzer H VA C 2470 I s land D r #202 S pring L ake Park, 55384 S trategic Priories and Values: S afe, S ecure, S table C ommunity, O pera3onal Excellence AT TA C H M E N TS : D escrip3on U pload D ate Type Rental C riteria 7/7/2020 Backup M aterial 10-12-2020 Rentals 10/6/2020 Backup M aterial Page 2 of 2 b.Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are “Family or household members” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I – 3 Year 1-2 units 0-2 3+ units 0-0.75 Type II – 2 Year 1-2 units Greater than 2 but not more than 5 3+ units Greater than 0.75 but not more than 1.5 Type III – 1 Year 1-2 units Greater than 5 but not more than 9 3+ units Greater than 1.5 but not more than 3 Type IV – 6 Months 1-2 units Greater than 9 3+ units Greater than 3 Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** 7001 Emerson Ave N Single Initial Mara Jenson 12 IV 0 IV 5312 Lilac Dr Single Initial Jason Gamache 1 II 0 II 5351 4th St N Single Renewal Infinite Property 4 II 0 II I 4000 61st Ave N Single Renewal Adegbola Ogundipe ‐ met requirements 3 II 0 II IV 5207 63rd Ave N Single Renewal Samuel Carrillo ‐ missing CFR Certificate 8 III 0 III II 4507 66th Ave N Single Renewal Cathy Steinke 0 I 0 I I 5321 71st Cir Single Renewal Pramrod Khakural ‐ met requirements 0 I 0 I III 6015 Aldrich Ave N Single Renewal My Truong ‐ met requirements 2 I 0 I IV 6614 Bryant Ave N Single Renewal Yi Lin / Khaihong Lim Properties ‐ met requirements 7 III 0 III IV 6725 Bryant Ave N Single Renewal Vong Duong ‐ missing CPTED inpsections 3 II 0 II IV 6800 Bryant Ave N Single Renewal Peter Nguyen 4 II 0 II III 7208 Bryant Ave N Single Renewal Prosperous Property 1 I 0 I I 3819 Burquest La Single Renewal Amir Chaboki 1 I 0 I II 5120 Drew Ave N Single Renewal Neng Xi Zhang 0 I 0 I I 4707 Eleasnor La Single Renewal Chen Zhou 5 II 0 II II 5412 Fremont Ave N Single Renewal Gary Anakkala 7 III 0 III I 5420 Girard Ave N Single Renewal Scott Sorum 3 II 0 II III 6749 Humboldt Ave N Single Renewal Patrick Nguyen ‐ owes $100 reinspection fee 6 III 0 III III 6437 Kyle Ave N Single Renewal Peter Lee / Unite Hmong Investments ‐ met requirements 4 II 0 II III 4201 Lakesude Ave #106 Single Renewal Woarsono & Ninou Widjaja 2 I 0 I I 4207 Lakeside Ave #234 Single Renewal Cynthia Patrick missing CFR Certificate 2 I 0 I IV 5532 Logan Ave N SIngle Renewal Ira Kovalsky 3 II 0 II II 7025 Newton Ave N Single Renewal Steve Branham 2 I 0 I II * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.) ** License Type Being Issued *** Initial licenses will not show All properties are current on City utilities and property taxes Type 1 = 3 Year Type II = 2 Year Type III = 1 Year Rental Licenses for Council Approval on October 12, 2020 C ouncil R egular M eeng DAT E:10/12/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:D oran Cote, P E, P ublic Works D irector S U B J E C T:Res olu*on A mending the C ity of Brooklyn C enter Fee S chedule Es tablishing S urcharges for Water C ons erva*on V iola*ons B ackground: I n order to comply w ith the M innesota D epartment of Natural Resources approval of the City ’s Water S upply P lan, the C ity is r equir ed to es tablis h w ater cons erva*on res tric*ons beyond our cur rent s prinkling ban. T he C ity Council is als o considering amending C hapter 4 of B rook lyn Center City C ode by adding a new s ec*on 4-206, which w ill establis h thes e addi*onal water conserv a*on r es tr ic*ons . A mending of the C ity of Brooklyn C enter Fee S chedule will allow s urcharges for viola*ng the propos ed new w ater res tric*ons to be collected. City s taff reviewed other communi*es in the metro and s urrounding neighboring communi*es to see how current water cons erva*on v iola*ons compare. S taff is recommending the follow ing rev is ions ; $25 S econd O ffens e and $50 S ubs equent O ffens es. S taff also s ugges ts some addi*onal changes to the fee s chedule to eliminate conflic*ng duplicate fees and upda*ng fees related to the use of hy drant meters . A ll of the propos ed changes are noted in underline and are iden*fied w ith a blue arrow on the a@ached Fee S chedule. B udget I ssues: There are no budget is s ues to consider. S trategic Priories and Values: S afe, S ecure, S table C ommunity AT TA C H M E N TS : D escrip*on U pload D ate Type Res olu*on 10/5/2020 Resolu*on Le@er 2020 Fee S chedule 9/4/2020 Cover Memo 636558v1BR291-4 Member introduced the following resolution and moved its adoption: RESOLUTION NO. ___________ RESOLUTION AMENDING THE CITY OF BROOKLYN CENTER FEE SCHEDULE ESTABLISHING SURCHARGES FOR WATER CONSERVATION VIOLATIONS WHEREAS, the City Council is in the process of amending Chapter 4 of the Brooklyn Center City Code to add a new Section 4-206 establishing water conservation restrictions; and WHEREAS, the new section imposes surcharges for violating the applicable water restrictions, such surcharges being in the amounts established in the City’s fee schedule. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. The water utility service charges in the City of Brooklyn Center Fee Schedule are hereby amended by adding a new section as follows: Water Conservation Violations Offense* Surcharge First offense Warning Second offense $25 Subsequent offenses $50 * The number of violations shall be determined based on the history of violations for the preceding 12-month period. 2. These surcharges shall go into effect on the same date as the effective date of the ordinance adopting the new City Code, Section 4-206 on water conservation restrictions. 3. The Fee Schedule is further amended to remove conflicting duplicate fees and updating fees related to the use of hydrant meters. October 12, 2020 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: 636558v1BR291-4 and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 2020 FEE SCHEDULE Licenses, Permits, Miscellaneous Services Adopted March 1987 Updated September 28, 2020 6301 Shingle Creek Parkway * 55430-2199 763-569-3000 www.cityofbrooklyncenter.org City of Brooklyn Center Page 1 Introduction In March 1987, the Brooklyn Center City Council approved an amendment to the City Ordinances that removed the fees for licenses and permits from the City Ordinances and established fees by Council resolution. The resolutions establishing fees for licenses and permits were collated into the following fee schedule, and it is updated whenever fees are amended or new fees are established. It provides a means by which fees for permits, licenses, and miscellaneous services are incorporated into one document to aid employees who need to collect fees or provide public information regarding fees. Fees for licenses and permits are set forth by Council resolution. Fees for copies, research projects, maps, and ordinances are generally set by the City Manager. Fees relating to the Community Center and Centerbrook Golf Course can be obtained directly from the Department of Community Activities, Recreation, and Services and are not included in this fee schedule. Fees relating to the Earle Brown Heritage Center can be obtained directly from the Heritage Center and are not included in this fee schedule. Table of Contents Licenses ........................................ 2 -4 Permits ....................................... 5-10 Miscellaneous Services ............. 11-18 Page 2 Licenses City of Brooklyn Center License Type Annual Fee Expiration City Code Reference Amusement Device Operator Kiddie Ride $15/location, plus $15/machine Res. 87-31 $10/ride June 30 23-2101 Minn. Stat. 449.15 Animals (Cats and Dogs) Commercial Kennel $100 September 30 1-102 Res. No. 97-180 Bowling Alley $20/alley December 31 23-209.01 Res. No. 97-180 Cesspool Cleaning $25 April 30 7-501 Res. No. 87-31 Christmas Tree Sales Deposit $60/lot $100/lot January 5 23-1301 Res. No. 97-180 Entertainment License $30 December 31 23-2400 Res. No. 2020-17 Filling Station First Nozzle/Hose Each Additional Nozzle/Hose $90 $10 December 31 23-402 Res. No. 97-180 Filming & Photography $400 23-2500 Res. No. 2017- Fireworks Temporary Stand Permanent Structure $350/location $100/location December 31 19-403 Res. No. 2004-65 Garbage and/or Rubbish Collection Company Vehicle $85 $25 June 30 7-103 Res. No. 97-180 Hospitality Accommodations Level I Level II Level III $150 $200 $300 April 30 23-2401 Res. No. 2017-19 Liquor – Civil Penalties 11-107 Res. No. 2019-116 Offense Civil Fine Suspension/ Revocation First offense $500 None Second offense $1,000 1 day suspension Third offense $1,500 3 day suspension Fourth offense $2,000 5 day suspension Fifth offense $2,000 Revocation Liquor – Consumption and Display Temporary (maximum 10 days for City) Res. No. 2017-203 $300 $25 December 31 N/A 11-106 Liquor – Off-Sale 3.2 Malt Liquor Res. No. 2017-203 $100 December 31 11-106 Liquor – Off-Sale Brew Pub Res. No. 2017-203 $200 December 31 11-106 Liquor – Off-Sale Microdistillery Res. No. 2017-203 $200 December 31 11-106 Page 3 Licenses City of Brooklyn Center License Type Annual Fee Expiration City Code Reference Liquor – Off-Sale Small Brewer License Res. No. 2017-203 $200 December 31 11-106 Liquor – On-Sale 3.2 Malt Liquor Temporary Res. No. 2017-203 $500 $10/day December 31 N/A 11-106 Liquor – On-Sale Brew Pub Res. No. 2017-203 December 31 11-106 On-Sale Intoxicating $6,500 On-Sale 3.2 Percent Malt Liquor $500 Liquor – On-Sale Brewer Taproom Res. No. 2017-203 $600 December 31 11-106 Liquor – On-Sale Club Up to 200 members 201-500 members 501-1,000 members 1,001-2,000 members 2,001-4,000 members 4,001-6,000 members Over 6,000 members $300 $500 $650 $800 $1,000 $2,000 $3,000 December 31 11-106 Liquor – On-Sale Intoxicating Hotels & Clubs $6,500 December 31 11-106 Res. No. 2017-203 Earle Brown Heritage Center $5,000 Culinary Class $100 Liquor – On-Sale Microdistillery Cocktail Room Res. No. 2017-203 $600 December 31 11-106 Liquor – On-Sale Sunday Sales $200 December 31 11-106 Res. No. 2017-203 Liquor – On-Sale Temporary Maximum 3 consecutive days; no more than 12 days per year Special Event Permit Maximum 10 consecutive days; no more than 40 days per year $25/per day $25/per day 11-106 Liquor – On-Sale Wine Res. No. 2017-203 $2,000 December 31 11-106 Massage Establishment Res. No. 87-31 December 31 23-1703 Establishment $3,000 Investigation – Establishment $1,500 Masseur or Masseuse $50 Investigation – Masseur/Masseuse $100 Mechanical Systems Res. No. 97-180 $60 April 30 23-1500 Motor Vehicle Dealer Res. No. 97-180 April 30 23-1202 Class A $250 Class B $75 Page 4 Licenses City of Brooklyn Center License Type Annual Fee Expiration City Code Reference Pawnbroker Establishment Investigation $3,000 $1,500 December 31 23-603 Res. No. 2004-101 Rap Parlors, Conversation Parlors, Adult Encounter Groups, Adult Sensitivity Groups, Escort Services, Model Services, Dancing Services, or Hostess Services Investigation $1,500 $1,500 December 31 23-1804 Res. No. 87-31 Rental Single Family Dwelling Initial License/New Owner Renewal License (no change in license holder) Two Family Dwelling Each Rental Unit Multiple Family Dwelling Each Building Each Unit Minimum Base Fee License Reinstatement Conversion to Rental A residential property converted to a rental property or a registered residential vacant building re- occupied as a rental property. This applies to lawful single-family and Single-family attached dwellings. $400 $300 $200 $200 $18 $450 $100 $500 Varies 12-901 Res. No. 2005-152 12-910 Res. No. 2011-65 12-902 Res. No. 2008-150 Saunas or Sauna Baths Establishment Investigation $3,000 $1,500 December 31 23-1602 Res. No. 87-31 Secondhand Goods Dealer Investigation $750, plus $1.50 per reportable transaction $1,500 December 31 23-652 Res. No. 98-227 Sign Hanger $60 April 30 34-160 Res. No. 97-180 Taxicab $100/vehicle December 31 23-702 Res. No. 2004-101 Tobacco Related Products Investigation $150 $150 December 31 23-101 Res. No. 97-180 Res. No. 2014-57 Page 5 Permits City of Brooklyn Center Permit Type Fee City Code Reference Online Permit Transaction Fee Per Online Permit $3.50 Res. No. 2011-64 Administrative Land Use Outdoor church & civic functions, charities, carnivals, etc. Off-site signs for civic functions or community events Outdoor nursery & garden center sales & displays Miscellaneous outdoor sales, displays, or promotional events Miscellaneous outdoor sales, displays, or promotional events for gasoline service stations Car wash fundraisers $25/10 days $25/10 days per location $100/30 weeks $50/10 days $50/30 days $25/10 days 35-800 Res. No. 99-172; 2005-65 Alarm Fire Police 1/No Charge 2/$150 3+/$300 1-4/No Charge 5/$50; after 5, each alarm increase by $25 23-2006 Res. No. 93-233 Page 6 Permits City of Brooklyn Center Permit Type Fee City Code Reference Building and Fire Protection Valuation $1 to $1,000 Valuation $1,001 to $2,000 Valuation $2,001 to $25,000 Valuation $25,001 to $50,000 Valuation $50,001 to $100,000 Valuation $100,001 to $500,000 Valuation $500,000 to $1,000,000 Valuation $1,000,001 and up Plan Check Fee Investigation Fee Residential Insulation up to 2 units Residential Siding Replacement up to 4 units Residential Family Roof Replacement up to 4 units, not including flat roofs Egress Window Window or Door Replacement Residential Deck up to 4 units $49.50 $49.50 for the first $1,000 plus $3.25 for each additional $100 or fraction thereof, to and including $2,000 $82.00 for the first $2,000 plus $14.85 for each additional $1,000 or fraction thereof, to and including $25,000 $423.55 for the first $25,000 plus $10.70 for each additional $1,000 or fraction thereof, to and including $50,000 $691.05 for the first $50,000 plus $7.45 for each additional $1,000 or fraction thereof, to and including $100,000 $1,063.55 for the first $100,000 plus $6 for each additional $1,000 or fraction thereof, to and including $500,000 $3,463.55 for the first $500,000 plus $5.10 for each additional $1,000 or fraction thereof, to and including $1,000,000 $6,013.55 for the first $1,000,000 plus $4 for each additional $1,000 or fraction thereof 65% of the amount of the permit fee Same amount as building permit fee $60 $150 $150 $100 up to two windows; $150 for 3 or more $100 up to two windows; $150 for 3 or more $200 3-103 Res. No. 2018-09 Page 7 Permits City of Brooklyn Center Permit Type Fee City Code Reference Cesspool Cleaning Permit $18.75 7-502 Res. No. 87-32 Courtesy Bench Permit Inspection $50/bench $50/bench 23-902 23-903 Res. No. 2007-47 Demolition Permit $50 23-1501 Res. No. 2005-65 Electrical Minimum Fee for one inspection trip Two trip fee (Every job where wiring will be Covered needs a rough-in and final inspection. Examples: remodel or new bath, kitchen, porch, basement, laundry, detached garage, swimming pool, etc.) Service changeout Temporary service Service changeout with one or two remodeled or added rooms Subpanel change out New or major remodel of apartment or condominium (this includes main service, feeders, house panel, circuit breakers, and temp power) Residential maximum (includes new houses, townhouses, remodels with 50% or more of the lights, receptacles and switches being replaced Outside electrical reinstalled after siding replacement, house, duplex, triplex, four-plex, attached townhouses, and apartments Electronic inspection fee for these items only: furnace, air conditioning, bath fan, fireplace, or receptacle for water heater vent. Must email required pictures. Solar fees for PV System: Residential & Commercial 0 – 5,000 watts 5,001 – 10,000 watts 10,001 – 20,000 watts 20,001 – 30,000 watts 30,001 – 40,000 watts $50 per trip $100 (includes two inspections) $110 $55 $160 includes two inspections $50 $100 per unit $190 includes three inspections $50 first unit plus $25 each additional unit $40 $90 $150 $225 $300 $375 plus $25 for each additional 3-103 Res. No. 2020-20 Page 8 Permits City of Brooklyn Center Commercial Electrical Fees Description Valuation $1 to $1,000 Valuation $1,001 to $2,000 Valuation $2,001 to $25,000 Valuation $25,001 to $50,000 Valuation $50,001 to $100,000 Valuation $100,001 to $500,000 Fee Calculation $50.00 $50 for the first $1,000 plus $3.25 for each additional $100 or fraction thereof, to and including $2,000 $82.00 for the first $2,000 plus $14.85 for each additional $1,000 or fraction thereof, to and including $25,000 $423.55 for the first $25,000 plus $10.70 for each additional $1,000 or fraction thereof, to and including $50,000 $691.05 for the first $50,000 plus $7.45 for each additional $1,000 for each additional $1,000 or fraction thereof, to and including $100,000 $1,063.55 for the first $100,000 plus $6 for each additional $1,000 $1,000 or fraction thereof, to and including $500,000 Page 9 Permits City of Brooklyn Center Permit Type Fee City Code Reference Flood Plain Use Up to 1 acre 1 acre to 5 acres Over 5 acres $50 $50/acre $250 plus $37.50 per acre for each acre or fraction thereof over 5 acres 35-2182 Res. No. 2005-65 Housemoving Permit Code Compliance Review Prior to Moving Structure into City $200 $100 23-1501 Res. No. 2005-65 Land Disturbing Activities Permit Res. No. 2005-162 $50 35-235 Mechanical Systems Valuation $0 to $500 Valuation $501 to $50,000 Valuation Over $50,000 Mechanical Plan Review (only when submitted without a building permit) 2” and less diameter pipe 1-3 fixtures Additional openings 2” and over diameter pipe 1-3 fixtures Additional opening Residential Boiler or Fireplace up to 4 units Residential Gas Stove or Dryer up to 4 units Res. No. 2018-09 $25 $25 plus 2% of value of any amount in excess of $500 $1,012.50 plus 1% of value of any amount in excess of $50,000 65% of base permit fee $5.75 each $2.50 each $15 each $3.25 each $60 $60 3-103 Planning Commission Fees* Zoning Code Text Amendment Rezonings Site and Building Plan Preliminary Plat Final Plat Variance Interim Use Permit (IUP) IUP Extension/Amendment Special Use Permit (SUP) SUP Amendment Extension of Special Use Permit Appeal Planned Unit Development (PUD) PUD Amendment Comprehensive Plan Amendment * For all Planning Commission Applications a refundable escrow of $1,000 will be added to the fee to cover any additional costs associated with the review of the application. Additional escrow may be required subject to the determination of the City Planner. Res. No. 2019-03 $500 $1,050 $750 $400 $200 $200 $250 $150 $250 $250 $100 $200 $1,800 $700 $1,050 35-210 35-230 15-104 35-240 35-310 35-310 35-220 35-220 35-220 35-251 35-355 35-355 Page 10 Permits City of Brooklyn Center Permit Type Fee City Code Reference Plumbing Minimum Fee Repair or alteration of existing system New residential or commercial building Plumbing Plan Review (only when submitted without a building permit) Residential Water Heater up to 4 units Residential Water Softener up to 4 units Residential Water Heater and Softener up to 4 units Plumbing Fixtures Res. No. 2018-09 $25 2% of estimated cost 2% of estimated cost 65% of base permit fee $60 $60 $60 $60 up to 3 fixtures; $10 for each additional 3-103 Right-Of-Way Administration Fee Excavation Fee Obstruction Fee Pole Attachment Fee Extension Delay Penalty Res. No. 2018-42 $100 per permit $250 per permit $200 per permit $1,500 per site $50 per permit $50/day for pavement; $25/day for boulevard/turf 25-1009 Sewer and Water Sewer or water connection Sewer or water disconnection Sewer and water disconnection New commercial sewer and water connection New residential sewer and water connection Commercial/Industrial fire line Water/Sewer repair Storm Water Minimum Fee Res. No. 2005-65 $50 $50 $90 $150 $100 $50 $50 $50 $50 3-103 Sign 50 sq ft in area or less Over 50 sq ft in area Minimum Fee Footing inspection, when required Res. No. 2005-65 $50 $50/1st 50 sq ft and $15.00 for each additional 50 sq ft or fraction $50 $50 34-150 Page 11 Miscellaneous Services City of Brooklyn Center Service Fee Abatement Application (Assessing) Taxpayer caused only (others no charge) $45 Abatement (City-Facilitated)/Administrative Service Charge Res. No. 2008-150 Cost up to $999 $150 $1,000 to $4,999 $300 $5,000 to $9,999 $750 $10,000 to $14,999 $1,250 $15,000 or more $1,750 Each junk or inoperable vehicle $150 Accident Reports (Police) < 10 pages no charges $0.25 per page $0.15 per page, if subject of data $0.50 per report, commercial user [defined as a user who requests access to more than five reports per month Minn. Stat. 169.09, Subd. 13(5) (f)] Administrative Penalty System Fees Res. No. 2010-79 Level 1 $60 Level 2 Level 3 Level 4 $125 $300 Violation Type (Ordinance reference) Level Waste container setback violation (7-102) 1 Watering restriction violation (4-202) 1 Local Traffic and Parking (27) 1 Parking Surface violation (12-316) 2 All other city code violations, designated as a 2 misdemeanor or petty misdemeanor Animal (10) 2 Failure to register a vacant property (12-1500) 2 Failure to obtain a permit or license 3 Tenant protection violation (12-912D) 4 Appeal Filing Fee – Chapters 12 and 19 $50 Res. No. 2005-65 Beekeeping Registration $40 Res No. 2019-26 Hearing Request Deposit $20 Special Assessment Charge for unpaid fine amounts that are specially assessed $30 Page 12 Miscellaneous Services City of Brooklyn Center Service Fee Copy Charges for Public Government Data Requests Not From the Data Subject 100 Pages or Fewer Black and White Photocopies 8.5 x 11 or 8.5 x 14 Two-Sided Copy (8.5 x 11 or 8.5 x 14) All Other Public Government Data Requests The City will charge the requester actual costs of searching for and retrieving the data, including the cost of employee time, and for making, certifying, compiling, and transmitting copies of the data or the data themselves Exception: There will be no charges for searching, retrieving, compiling, and electronically transmitting readily available data Minn. Stat. 13.03, Subd. 3 (c) < 10 pages no charge $0.25 $0.50 Actual Costs Labor – $0.40 per minute Paper – $0.01 per sheet Black/White Photocopier – $0.01 per page Color Photocopier - $0.07 per page Black/White Printer – $0.02 per page Color LaserJet Printer – $0.09 per color page Other Actual Costs that may or may not be included – refer to the document Fees For Providing Copies of Public Government Data compiled by the State of Minnesota, Department of Administration, Information Policy Analysis Division at www.ipad.state.mn.us or 651-296-6733 Total Actual Costs require that you add labor cost at $0.40 per minute to the supply and materials costs to establish total actual costs Copy Charges for Public Government Data Requests By the Subject of Data When the requester is the subject of the data, the City will not charge for searching for and retrieving data. The requester will be charged the actual costs associated with making, certifying, compiling, or transmitting copies of the data themselves. Exception: There will be no charge for compiling and electronically transmitting readily available data. Actual Costs <10 pages no charge $0.15 per page Dogs Registration – Dangerous and Potentially Dangerous Contest Declaration Hearing Fee Review Declaration Hearing Fee Contest Sterilization Requirement for Potentially Dangerous Boarding Fee Impounding Penalty $35/annual Res. No. 2004-132 $250 Res. No. 2014-43 $100 Res. No. 2014-43 $250 Res. No. 2015-31 Joint & Cooperative Agreement with PUPS $31/day Fingerprinting (Police) Brooklyn Center resident or Brooklyn Center business owner and/or owner’s employees (Saturday 1:00 pm to 7:00 pm) $10/card Page 13 Miscellaneous Services City of Brooklyn Center Service Fee Franchise (Natural Gas) Residential Commercial A Commercial Industrial B Commercial C SVDF A SVDF B LVDF Franchise (Electric) Residential Small Commercial & Industrial – Non-Demand Small Commercial & Industrial – Demand Large Commercial & Industrial Public Street Lighting Municipal Pumping – Non-Demand Municipal Pumping – Demand Ord. No. 2019-03 $1.66/month $1.74/month $5.63/month $22.50/month $56.23/month $107.96/month $107.96/month Ord. No. 2019-02 $1.65/month $4.25/month $22.75/month $103.00/month $13.50/month $13.50/month $13.50/month Inspections Fire Inspection, Commercial Initial Inspection First Re-Inspection Second Re-Inspection Third Re-Inspection Fourth and Subsequent Re- Inspections Fire Inspection, Daycare Re-inspection A re-inspection fee for the second re-inspection and each subsequent re-inspection shall be collected from the applicant, owner, or responsible party. Properties with 1 to 3 units Properties with 4 or more units Re-Occupancy Inspection A property maintenance re-occupancy inspection fee is required for registered vacant buildings. Apartment/Condo Townhome Single Family Duplex (same owner) Triplex (same owner) Fourplex (same owner) Res. No. 2011-55 No Charge No Charge $100 $150 $200 $50/each Res. No. 2009-130 Res. No. 2008-150 $100 $100 for each common area, plus $50 for each unit Res. No. 2008-151 $115 $195 $195 $275 $415 Res. No. 2009-29 $550 Res. No. 2009-29 Intoxilyzers Logs (Police) $5/page Maps 8 1/2 x 11 8 1/2 x 11 with Imaging (aerials) 11 x 17 11 x 17 with Imaging (aerials) 24 x 24 24 x 24 with Imaging (aerials) 23 x 36 23 x 36 with Imaging (aerials) $3 $5 $4 $6 $10 $15 $15 $25 NSF Check (Finance) $30 Page 14 Miscellaneous Services City of Brooklyn Center Service Fee Posting and/or Removal of Posting for Residential Properties Identified as Unsafe for Human Occupancy Res. No. 2005-65 $50 Police Reports (Police) < 10 pages no charge $0.25 per page $0.15 per page, if subject of data $0.50 per page, commercial user Recycling Utility Minimum charge per household per quarter Certification for collection with property taxes Res. No. 2019-128; 2019-162 $11.98/quarter $50 Right Of Way Registration $1,000/New $25/Renewal Sanitary Sewer Utility Base Rate Quarterly Residential Single Family Apartment Senior Citizen Non-Residential Rate SAC charge set by MCES Certification for collection with property taxes Line cleaning charge Sanitary Sewer Connection Res. No. 2019-125; 2019-163 $89.14 $62.39 $49.02 $3.76 per 1,000 gallons Fee established by MCES $50 Labor, materials, equipment, and overhead Established annually by resolution Satisfaction/Sub Agreements (Community Development) $50 Site Plans/Surveys (Community Development) 8 1/2 x 11 copies $5 Special Assessment Interest Rate Res. No. 2019-152 3.5 Percent Special Assessment Search (Assessing) $25 Special Computer Search (Police) $7/each address Storm Sewer Utility (quarterly rates) Base Rate Cemeteries and Golf Courses Parks Single Family, Duplex, Townhouse School, Government Buildings Multiple Family, Churches Commercial, Industrial Vacant Land Certification for collection with property taxes Private facility cleaning charge Res. No. 2019-126; 2019-164 $62.05/acre $15.52/acre $31.02acre $15.52/lot $77.57/acre $186.13/acre $310.24/acr e As assigned $30 Labor, materials, equipment, and overhead Page 15 Miscellaneous Services City of Brooklyn Center Service Fee Street Light Utility (quarterly rates) Single, Double, and Multiple Family Residential Parks Schools, Government Buildings, Churches Retail and Service-Office Commercial and Industrial Vacant Land and Open Space Certification for collection with property taxes Res. No. 2019-127; 2019-165 $6.55/dwelling unit $10.90/acre $21.80/acre $32.69/acre $32.69/acr e As assigned $50 Street and Storm Drainage Special Assessment Rates R-1 zoned, used as one-family site that cannot be subdivided Street Storm Drainage R-2 zoned, or used as a two-family site that cannot be subdivided Street Storm Drainage R-3 zoned (per unit) Street Storm Drainage Partial Street Reconstruction R-1 zoned, used as one-family site that cannot be subdivided Street R-2 zoned, or used as a two-family site that cannot be subdivided Street R-3 zoned (per unit) Street Pavement Rehabilitation R-1 zoned, used as one-family site that cannot be subdivided Street R-2 zoned, or used as a two-family site that cannot be subdivided Street R-3 zoned (per unit) Street R-4, R-5, R-6, or R-7 zoned districts Res. No. 2019-126; 2019-156 $4,660 per lot $1,398 per lot $62.1333 per front foot with a $4,660 per lot minimum $18.6400 per front foot with a $1,398 per lot minimum Assessable frontage x $62.1333 Number of residential units Assessable frontage x $18.6400 Number of residential units $3,495 per lot $46.6000 per front foot with a $3,495 per lot minimum Assessable frontage x $46.6000 Number of residential units $1,541 per lot $20.5467 per front foot with a $1,541 per lot minimum Assessable frontage x $20.5467 Number of residential units Based on an evaluation of the project cost and the project benefit for each project Tow to City Property (Police) Tow charge plus $15 administrative fee Tree Contractor Registration Res. No. 2000-09 $35 Page 16 Miscellaneous Services City of Brooklyn Center Service Fee Tree Removal Each non-assessed diseased tree/stump removal (by agreement) Special Assessments Service Charge Capitalized Interest Charge (assessed trees only) $50 $30/parcel on which a special assessment is levied $30/per tree Vacant Building Registration An annual registration fee shall be collected from the applicant, owner, or responsible party. Category 1 – property vacant for less than 1 year and does not have any code violation or has not been issued a compliance notice for code violations Category 2 – property vacant for less than 1 year and has a code violation(s) or has been issued a compliance notice for code violations Category 3 – property vacant for 1 year up to 3 years Category 4 – property vacant for 3 years or more Res. No. 2008-151 $100 $400 $1,000 $3,000 Vacation – Street, Alley, Easement (Engineering) $125 Res. No. 92-132 Video Tape Duplicating (Police) $20 Water and Sanitary Sewer Connection Commercial/Industrial Water > 5 Acres Commercial/Industrial Sewer > 5 Acres Commercial/Industrial Water < 5 Acres Commercial/Industrial Sewer < 5 Acres Retail/Office Water > 5 Acres Retail/Office Sewer > 5 Acres Retail/Office Water < 5 Acres Retail/Office Sewer < 5 Acres Multi Family Water > 5 Acres Multi Family Sewer > 5 Acres Multi Family Water < 5 Acres Multi Family Sewer < 5 Acres Single Family Water per connection Single Family Sewer per connection Res. No.2001-161 $10,000 $5,000 $5,000 $3,000 $5,000 $3,000 $3,000 $1,500 $5,000 $3,000 $3,000 $1,500 $1,000 $1,000 Page 17 Miscellaneous Services City of Brooklyn Center Service Fee Water Utility Water Conservation Rate 5/8” and 3/4” Meter 0-30,000 gallons per quarter 30,001-60,000 gallons per quarter 60,001 or more gallons per quarter Base Rate Quarterly Minimum Rate 1” Meter 1 1/2” Meter 2” Meter 3” Meter 4” Meter 6” Meter 8” Meter 10” Meter Water Meter Charge 5/8” or 3/4” Water Meter Charge Larger than 3/4” Certification for collection with property taxes Quarterly Fire Service Line Charge Fire protection inspection Private hydrant maintenance Service Restoration, Monday through Friday (except holidays) Between the hours of 7:30 AM and 3:00 PM Service Restoration, Saturday, Sunday, Holidays and Between the hours of 3:00 PM and 7:30 AM Assistance with Seasonal Shut-down and Restoration of Commercial Irrigation Systems, Monday through Friday (except holidays) Only Between the hours of 3:00 PM and 7:30 AM Curb stop stand pipe repair Hydrant Meters (water use will be paid in addition to the rental fee at the Water Conservation Commercial Rate) 5/8” or 3/4” Meter Deposit Rental Fee (per month or potion thereof) 3” Meter Deposit Rental Fee (per month or potion thereof) Penalty for violation of odd-even sprinkling ban /watering ordinance Surcharge for violating conservation ordinance - second offense Surcharge for violating conservation ordinance – subsequent offenses Res. No. 2019-124; 2019-166 $16.61 Quarterly Base Charge $2.77 per 1,000 gallons $3.45 per 1,000 gallons $5.15 per 1,000 gallons $3.42 per 1,000 gallons $48.27 $62.06 $120.67 $241.36 $406.86 $930.95 $1,763.17 $2,350.90 $149.00 Actual cost + $2.00 $50 $12.50 Res. No. 2007-140 $52 Labor, materials, equipment, and overhead $31 $83 $45 per hour, 1 hour minimum $40Res. No. 2013-28 $125250 $25 $1,2002,500 $150 $25/day (Res. No. 2004-70) $25/day $50/day Page 18 Miscellaneous Services City of Brooklyn Center Service Fee Weed Inspection/Removal Weed Cutter’s Fee Reinspection Fee Special Assessments Service Charge Capitalized Interest Charge (assessed weeds only) Res. No. 2000-09 $45/hour $100 $30 per parcel on which a special assessment is levied $10 per notice Well Water Test $10 Zoning Letters (Community Development) $75 C ouncil R egular M eeng DAT E:10/12/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:D r. Reggie Edwards, D eputy C ity M anager S U B J E C T:C A R E S A C T F unding A ppropria*ons – B A C K TO S C H O O L / C L A S S / W O R K FA M I LY C O V I D -19 A N D D I S TA N C E L E A R N I N G PA C K S B ackground: I n J une 2020, the U S Congres s establis hed funding under s ec*on 601(a) of the S ocial S ecurity A ct known as the Coronavirus A id, Relief, and Economic S ecurity A ct ("C A R E S A ct"). The C A R E S A ct es tablished the C oronavirus Relief F und (the "F und") and appropriated $150 billion to the F und. U nder the C A R E S A ct, funding payments were to be used for specified uses to S tates and certain local governments ; the D istrict of Columbia and U.S . Territories (consis*ng of the Commonwealth of P uerto Rico, the U nited S tates V irgin I s lands, G uam, A merican S amoa, and the Commonwealth of the Northern Mariana I slands ); and Tribal governments. The C A R E S A ct provides that payments from the F und may only be used to cover costs that: 1. A re necessary expenditures incurred due to the public health emergency w ith res pect to the Coronavirus D is eas e 2019 (C O V I D –19); 2. Were not accounted for in the budget mos t recently approved as of M arch 27, 2020 (the date of enactment of the C A R E S A ct) for the S tate or government; and 3. Were incurred during the period that begins on March 1, 2020, and ends on D ecember 30, 2020. The C ity of Brooklyn C enter received funding from the C A R E S A C T in the amount totaling $2,433,415. I n accordance with the guidelines of the C A R E S A C T, funding staff has developed a propos ed disburs ement of the funds bas ed on eligibility criteria and community need. We have focus ed our review based generally on the following: City eligible costs already s pent or incurred. A ddi*onal city cost that advance an*cipated C O V I D needs Costs that address Res ident Economic S tability and the reduc*on of racial dispari*es. Collabora*on with community partners to address resident economic s tability, and the reduc*on of racial dispari*es. A ll funds must be expended by November 15, 2020. A ny balance remaining that the C ity has not expended by C A R E S A C T regula*ons shall be dispersed to a medical facility(s ) w ithin the C ounty at the C ity ’s dis cre*on. I n A ugus t 2020, reached a census on expending C A R E S A C T funding in accordance w ith federal guidelines and the proposed dis bursement plan as modified by the Council. S taff is s eeks to proceed w ith the direc*on of Council by expending C A R E S A C T funds for Back to S chool / Clas s / Work Family C O V I D -19 and D istance L earning Packs . S ome of the items place in the packs include portable des ks, portable headsets , family s iz e hand s ani*z ers , school supplies , thermometers , face shields , and family s oap size for was hing hands . To date the have been over a total of 748 families served by North H ennepin C ollege, City of Brooklyn Park, Brooklyn Center Community S chools , H ennepin Technical College and C ity of Brooklyn C enter. O ver 230 families have been served in following have been served in Brooklyn Center. Those s erved to date include: 1158 Children ages 2-11 841 Teens ages 12-17 287 Young adults ages 18-25 1300 A dults ages 26+ A ddi*onal packs and materials con*nue to be gathered for distribu*on. D istribu*on will con*nue through November 15, 2020. B udget I ssues: The total funding for this pilot is $90,000, w hich w ould be funded by the Coronavirus A id, Relief, and Economic S ecurity A ct ("C A R E S A ct"). S trategic Priories and Values: Enhanced Community I mage, Resident Economic S tability, I nclusive C ommunity Engagement, S afe, S ecure, S table Community AT TA C H M E N TS : D escrip*on U pload D ate Type Res olu*on 10/7/2020 Cover Memo Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION AUTHORIZING STAFF TO PROCEED WITH THE BACK TO SCHOOL / CLASS / WORK FAMILY COVID-19 AND DISTANCE LEARNING PACKS WITH FUNDING BY THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT ("CARES ACT"). WHEREAS, In June 2020, the US Congress established funding under section 601(a) of the Social Security Act known as the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"). WHEREAS, The CARES Act provides that payments from the Fund may only be used to cover costs that: 1. Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19); 2. Were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and 3. Were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. WHEREAS, Based on community research the City of Brooklyn Center identified the following top needs in response to the COVID Pandemic: 1) Resources life essentials (i.e. food, rent/housing, etc.), 2) Housing Stability, 3) Emotional and Mental Health Well-Being, 4) Financial Assistance to Business, 5) Communication on COVID-19 and Access to Resources, 6) High Speed Internet and7) Job Creation; and WHEREAS, In partnership with local school districts, local city multi-governmental collaborative, community colleges, and neighboring cities the City of Brooklyn Center collaboratively developed the Back To School / Class / Work Family Covid-19 And Distance Learning Packs Program; and WHEREAS, The Back To School / Class / Work Family Covid-19 And Distance Learning Packs Program, qualifies as an appropriate expenditure of the Coronavirus Aid, Relief, And Economic Security Act ("Cares Act") and the total cost to implement the project is $90,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, authorize staff to proceed with the Back To School / Class / Work Family Covid-19 And Distance Learning Packs Program, with funding by the Coronavirus Aid, Relief, And Economic Security Act ("Cares Act"). October 12, 2020 Date Mayor RESOLUTION NO. _______________ ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. 2. July 25, 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. C ouncil R egular M eeng DAT E:10/12/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:D r. Reggie Edwards S U B J E C T:C A R E S A C T F unding A ppropria*ons – C O V I D H E A LT H O N T H E G O B ackground: I n J une 2020, the U S Congres s establis hed funding under s ec*on 601(a) of the S ocial S ecurity A ct known as the Coronavirus A id, Relief, and Economic S ecurity A ct ("C A R E S A ct"). The C A R E S A ct es tablished the C oronavirus Relief F und (the "F und") and appropriated $150 billion to the F und. U nder the C A R E S A ct, funding payments were to be used for specified uses to S tates and certain local governments ; the D istrict of Columbia and U.S . Territories (consis*ng of the Commonwealth of P uerto Rico, the U nited S tates V irgin I s lands, G uam, A merican S amoa, and the Commonwealth of the Northern Mariana I slands ); and Tribal governments. The C A R E S A ct provides that payments from the F und may only be used to cover costs that: 1. A re necessary expenditures incurred due to the public health emergency w ith res pect to the Coronavirus D is eas e 2019 (C O V I D –19); 2. Were not accounted for in the budget mos t recently approved as of M arch 27, 2020 (the date of enactment of the C A R E S A ct) for the S tate or government; and 3. Were incurred during the period that begins on March 1, 2020, and ends on D ecember 30, 2020. The C ity of Brooklyn C enter received funding from the C A R E S A C T in the amount totaling $2,433,415. I n accordance with the guidelines of the C A R E S A C T, funding staff has developed a propos ed disburs ement of the funds bas ed on eligibility criteria and community need. We have focus ed our review based generally on the following: City eligible costs already s pent or incurred. A ddi*onal city cost that advance an*cipated C O V I D needs Costs that address Res ident Economic S tability and the reduc*on of racial dispari*es. Collabora*on with community partners to address resident economic s tability, and the reduc*on of racial dispari*es. A ll funds must be expended by November 15, 2020. A ny balance remaining that the C ity has not expended by C A R E S A C T regula*ons shall be dispersed to a medical facility(s ) w ithin the C ounty at the C ity ’s dis cre*on. I n A ugus t 2020, reached a census on expending C A R E S A C T funding in accordance w ith federal guidelines and the proposed dis bursement plan as modified by the Council. S taff is s eeks to proceed w ith the direc*on of Council by expending C A R E S A C T funds for the H ealth-on- the-G o (H O TG ) ini*a*ve. H O TG w ill include the follow ing ac*vi*es : A . Coordina*on: U s e inclusive and equity centered facilita*on to bring together S M E’s , providers and partners to deliver health res ources . B. Training and Partnership A greements: Build agreement, monitor and ensure community health outreach and cus tomer service is culturally res pons ive C. Evalua*on: Feedback on cultural responsivenes s , feedback on what is needed, asses s s hort-term res ults and share w ith the community. D . Mobile S ervices : P hase 1 (Nov 15 - Jan 1) C O V I D tes ts C O V I D informa*on C O V I D preven*on s upplies F lu S hots Mental H ealth A . Mobile S ervices : P hase 2 (Jan 1 - Mar 1) Blood P res s ure, sexual health, other S creenings “S oI ” food distribu*on (temporary) Referrals; medical, hous ing, employment (not safe at w ork, expos ure risk, labor rights) Medical professionals (T B D ) *A dd services as needed / T B D A . Targeted C ommunica*ons Campaign to 1) raise awareness of this new res ource, 2) be clear about w hat services can be accessed, 3) no*fy residents ALached is a draI w orking logic model that iden*fies both s hort and long-term desired outcomes. I n addi*on, the original propos al to the Council propos ed sharing a single vehicle w ith Brooklyn Park; how ever, the w ill be one vehicles purchased by each of the ci*es . Both ci*es w ill be purchasing a "Tiny H ealth H ous e" to serve as the mobile health unit (see aLached). B udget I ssues: The total funding for this pilot is $100,000, w hich w ould be funded by the Coronavirus A id, Relief, and Economic S ecurity A ct ("C A R E S A ct"). The vehicle "Tiny H ealth H ouse" accounts for most of the funding w ith a total cos t of $92,000. S trategic Priories and Values: Enhanced Community I mage, I nclusive C ommunity Engagement, S afe, S ecure, S table C ommunity AT TA C H M E N TS : D escrip*on U pload D ate Type M obile H ealth Logic Model O utcomes 10/6/2020 Cover Memo Res olu*on 10/6/2020 Cover Memo Tiny H ealth H ous e - M obile H ealth Unit 10/7/2020 Cover Memo MOBILE PUBLIC HEALTH LOGIC MODEL Inputs What are the resources needed to accomplish the activities? Activities What will we do? Outputs How will we know what has been delivered? Short Term Results What are the changes we expect in year 1? Long-Term Results What changes do we expect in 2-3 years? Priority Customers: those most impacted by COVID-19 Vehicle equipped with toilet, water, wifi, technology for customers to access online services - Cities Vehicle storage and maintenance Supplies for workers and customers: masks, gloves, face shields, hand sanitizer Pilot Project Coordination - BBA Pilot Project Evaluation & storytelling Community Wisdom: Stipends for those youth and adults who would be impacted by this service (SME), and who can help influence / connectors Vehicle Manager Vehicle Driver Culturally responsive providers - includes community health workers (CHW) Partnerships/Agreement with key Locations: Apartments, Churches, Brooklyn Blvd, Places where people are (grocery stores), homes (TBD) Communications coordination, asset Coordination: Use inclusive and equity centered facilitation to bring together SME’s, providers and partners to deliver health resources. Training and Partnership Agreements: Build agreement, monitor and ensure community health outreach and customer service is culturally responsive Evaluation: Feedback on cultural responsiveness, feedback on what's needed, assess short term results and share with the community. Mobile Services: Phase 1 (Nov 15 - Jan 1) COVID tests COVID information COVID prevention supplies Flu Shots (mental health) Mobile Services: Phase 2 (Jan 1 - Mar 1) Blood Pressure, sexual health, other Screenings “Soft” food distribution (temporary) Referrals; medical, housing, employment (not safe at work, exposure risk, labor rights) Medical professionals (TBD) *Add services as needed / TBD Targeted Communications Campaign to 1) raise awareness of this new resource, 2) be clear about what services can be accessed, 3) notify residents Best practices: e.g. Motivational interviewing approaches # of people engaged (stakeholders, providers, CHWs, etc) # customers from priority customers # of health resources customers received # of persons trained # of insured and # of uninsured patients Types of services delivered ( # of tests and screenings administered) # of communication materials disseminated # of referrals made # of events held # Hours of service # of community partnerships Individuals: Increase people's awareness and health promoting behavior to combat COVID-19 Increase in access to health care and wellbeing resources to combat COVID-19 Increase in health promoting behaviors that prevent COVID-19 Community: Increased sense of support that leads to trust and stress reduction Decrease in overall and health care disparities of COVID rates Increase health equity Increase in community partnerships to address COVID System: Increase local health assets Increase in equity focused partnerships Individuals: Increase in access to healthcare and well-being resources Increase in health awareness and health promoting behavior Increase in health promoting behavior Community: Increase trusting mutual relationships between community and service providers Decrease in health care disparities Improvement of social determinants of health Increase in overall health of the community System: Improvement in health care delivery to low-wealth families and communities of color development and deployment (COVID Literacy 30 languages ) and encourage healthy choices. MOBILE HEALTH PILOT PROJECT The following program was designed with the input from community members, city staff, youth, and health leaders. Mission: To deploy health resources to those most impacted by COVID-19. Vision: To bring together the health assets and resources in the cities of Brooklyn Center and Brooklyn Park to eliminate health disparities and advance health equity. Values: 1.Utilizing Community Centered approaches to realize the health potential of all people, as we work toward eliminating health disparities. 2.Creating spaces for equal power and shared leadership that informs decision making. 3.Using open and clear communication and a willingness to understand one another. 4.Being aware of our changing environment; one in which we have to adapt, shift and be flexible. 5.Building trust through transparency. 6.Seeing one another, building social connections, and doing the work together. Strategies: -Reach out to residents to initiate access to health information and preliminary health resources; and connect residents to clinics or hospitals for advanced care. (MPHU is not urgent care). -Build culturally responsive partnerships and services for the dignity of our residents and the effectiveness of our investment. -Coordinate partnerships and communications that leverage existing, local health assets. (Re-imagining how we coordinate with Hennepin County to have a more local approach) -Mitigate social determinants of health. -Use experiential, hands on activities to engage related to health. (e.g. Creating your plan for a safe gathering) Program Assumptions: ●Health Resources includes: supplies (e.g. PPE, emergency food), outreach personnel (e.g. community health workers that culturally connect), services (e.g. COVID testing), communication assets (e.g. targeted videos/meme’s/stories/messages that lead to change in behavior towards better health) ●COVID-19 may be the reason we began, but clearly there is a long-term need to advance health equity. ●This is a pilot project that will inform city, county and local investment in this strategy. ●To be successful, we must center those impacted, and design services that meet residents where they are. ●To grow a sustainable set of health resources that address health disparities for years to come (not a one time investment) Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION AUTHORIZING STAFF TO PROCEED WITH THE BROOKLYN CENTER COVID HEALTH ON THE GO PROGRAM, WITH FUNDING BY THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT ("CARES ACT"). WHEREAS, In June 2020, the US Congress established funding under section 601(a) of the Social Security Act known as the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"). WHEREAS, The CARES Act provides that payments from the Fund may only be used to cover costs that: 1. Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19); 2. Were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and 3. Were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. WHEREAS, Based on community research the City of Brooklyn Center identified the following top needs in response to the COVID Pandemic: 1) Resources life essentials (i.e. food, rent/housing, etc.), 2) Housing Stability, 3) Emotional and Mental Health Well-Being, 4) Financial Assistance to Business, 5) Communication on COVID-19 and Access to Resources, 6) High Speed Internet and7) Job Creation; and WHEREAS, In partnership with local school districts, community colleges, healthcare institutions, neighboring cities and county the City of Brooklyn Center collaboratively developed a mobile health strategy or BC COVID Health On The Go Program was developed to address those needs; and WHEREAS, The BC COVID Health On The Go Program qualifies as an appropriate expenditure of the Coronavirus Aid, Relief, And Economic Security Act ("Cares Act") and the total cost to implement the project is $100,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, authorize staff to proceed with the BC COVID Health On The Go Program, with funding by the Coronavirus Aid, Relief, And Economic Security Act ("Cares Act"). October 12, 2020 Date Mayor RESOLUTION NO. _______________ ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. 2. July 25, 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. C ouncil R egular M eeng DAT E:10/12/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:D r. Reggie Edwards, D eputy C ity M anager S U B J E C T:C A R E S A C T F unding of B C Beyond C O V I D S enior iPad/Tablet I nnova0on P rogram B ackground: O n J uly 13, 2020 s taff pr es ented to the C ouncil and E DA Commission the purpose, proces s and pilot projects for B C Beyond C O V I D I nnova0on I ni0a0ve. The purpos e of the ini0a0ve was : To w ork w ith res idents and bus inesses , so that they may survive, rebuild and thrive in the era of C O V I D -19 Worldwide Pandemic. The guiding principles for comple0ng the ini0a0ve w ere: We w ill ensure opportunity for all residents and busines s es to survive and thrive We w ill focus our efforts w here the needs are greates t We w ill act in profound and unprecedented w ays to match an unprecedented event We w ill embrace and s hape the C ity ’s new normal We w ill commit City neces s ary resources (i.e. human, skills , and capital) to meet imminent needs of res idents and bus inesses The following framew ork w as used in defining innova0on: Crea0ng an innova0ve organiza0on New ideas and ways of doing bus iness Looking for opportuni0es to create a break-through idea S olve uns olvable problems Exceeding ci0z en expecta0ons The process involved the following s teps: 1. I den0fy the need (research actual and similar events, interview res idents) 2. Research (S imilar events and innova0ons /strategies ) 3. Brainstorm strategies 4. Mockup projects efforts and internal s cenario tes t 5. P ilot (resident capacity, city s ervice, city opera0ons ) Bas ed on community res earch the follow ing top needs were iden0fied: Resources life essen0als (i.e. food, rent/housing, etc.) H ousing S tability Emo0onal and Mental H ealth Well-Being F inancial A s s is tance to Busines s Communica0on on C O V I D -19 and A cces s to Resources H igh S peed I nternet Job C rea0on S taff iden0fied over 70 innova0ve strategies to address those needs . S taff were asked to iden0fy innova0ons that would bes t addres s all or as many of the needs as pos s ible. O ne of the top innova0ons iden0fied was B C Beyond C O V I D S enior iPad/Tablet I nnova0on P rogram. Vision To enhance connec0vity and reduce the sens e of is ola0on amongs t the s enior popula0on in Brooklyn Center Goals D evelop a sens e of increas ed communal connec0vity amongst Brooklyn C enter seniors Reduced s ense of emo0onal and phys ical isola0on amongs t Brooklyn Center s eniors I ncreas ed par0cipa0on in C A RS programming amongst Brooklyn C enter seniors D isseminate, at a minimum, 50 tablets to Brooklyn Center s eniors . To date 40 iPads have been purchas ed and s oDw are packages are being loaded onto the iPads. O utreach is underw ay to community organiz a0ons , non-profits and senior programs that are assis0ng the planning team with iden0fying seniors to par0cipate in the program. B udget I ssues: The total funding for this pilot is $20,000, w hich w ould be funded by the Coronavirus A id, Relief, and Economic S ecurity A ct ("C A R E S A ct"). S trategic Priories and Values: Enhanced Community I mage, I nclusive C ommunity Engagement, S afe, S ecure, S table Community, O pera0onal Excellence AT TA C H M E N TS : D escrip0on U pload D ate Type Res olu0on 10/6/2020 Cover Memo Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION AUTHORIZING STAFF TO PROCEED WITH THE BC BEYOND COVID SENIOR IPAD/TABLET INNOVATION PROGRAM, WITH FUNDING BY THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT ("CARES ACT"). WHEREAS, In July 2020, the City initiated the development of innovative actions to work with residents and businesses, so that they may survive, rebuild and thrive in the era of COVID- 19 Worldwide Pandemic; and WHEREAS, Based on community research the following top needs were identified: 1) Resources life essentials (i.e. food, rent/housing, etc.), 2) Housing Stability, 3) Emotional and Mental Health Well-Being, 4) Financial Assistance to Business, 5) Communication on COVID- 19 and Access to Resources, 6) High Speed Internet and7) Job Creation; and WHEREAS, Staff identified over 70 innovative strategies to address those needs. However, the top innovative strategies were to address all or as many of the needs as possible. One of four top innovations identified was the “BC Beyond COVID Senior iPad/Tablet Innovation Program”; and WHEREAS, The BC Beyond COVID Senior iPad/Tablet Innovation Program, qualifies as an appropriate expenditure of the Coronavirus Aid, Relief, And Economic Security Act ("Cares Act") and the total cost to implement the project is $20,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, authorize staff to proceed with the BC Beyond COVID Senior iPad/Tablet Innovation Program, with funding by the Coronavirus Aid, Relief, And Economic Security Act ("Cares Act"). October 12, 2020 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. _______________ Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. 2. July 25, 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. C ouncil R egular M eeng DAT E:10/12/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :M eg Beekman, C ommunity D evelopment D irector BY:G inny M cI ntosh, City P lanner / Zoning A dminis trator S U B J E C T:S econd A mendment to the S hingle C reek Cros s ing D eclara.on of C ovenants and Res tric.ons B ackground: I t was originally recommended by C ity staff that as part of the amendment to the D eclara.on approved under P lanning C ommis s ion A pplica.on No. 2020-002, which paved a path forward for approval of a s tandalone car was h in S hingle Creek C rossing under P lanning C ommis s ion A pplica.on No. 2020-006, that a new A mended and Restated D eclara.on be recorded against the property to encompass all of the amendments to the S hingle Creek C rossing P U D (P lanned Unit D evelopment) that have taken place over the years , some of which that w ere not recorded and not just the amendments pertaining to the car w ash property. A preliminary dra: of this A mended and Restated D eclara.on has been prepared by the C ity A;orney and has been shared w ith the D eveloper ’s a;orney. H owever, in the interes t of .me, as the D eveloper w is hes to clos e in the near future on the car w ash property with the operator of the car was h and the operator w is hes to commence construc.on before w inter, the par.es agreed that an amendment to the D eclara.on that only pertains to the car w ash property, know n as Building S ite E or 1080 S hingle C reek Cros s ing, is in order. This is becaus e it will take a s ignificant amount of .me to obtain approvals for the fully A mended and Restated D eclara.on from all interested par.es (the A mended and Res tated D eclara.on includes several proper.es that are owned by third par.es ). B udget I ssues: None to cons ider at this .me. S trategic Priories and Values: Targeted Redevelopment AT TA C H M E N TS : D escrip.on U pload D ate Type D ocument 10/8/2020 Backup M aterial 10520920v3 SECOND AMENDMENT TO THE SHINGLE CREEK CROSSING DECLARATION OF COVENANTS AND RESTRICTIONS THIS SECOND AMENDMENT is made as of this ____ day of October 2020 by SHINGLE CREEK, LLC, a Delaware limited liability company (“SC LLC”). SC LLC may hereinafter be referred to individually as the “Declarant.” WHEREAS, SC LLC is the owner of the real property located at 1080 Shingle Creek Crossing, Brooklyn Center, MN, legally described as Lot 2, Block 1, Shingle Creek Crossing 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota (hereinafter the “SC LLC Property”); and WHEREAS, the SC LLC Property (and other property) was zoned as a planned unit development zoning by Resolution No. 99-37 dated March 8, 1999. In connection therewith, the SC LLC Property was subject to a Declaration of Covenants and Restrictions dated December 9, 1999 and filed in the office of the Hennepin County Registrar of Titles on January 8, 2003 as Document No. 3659543 (the “1999 Declaration”); and WHEREAS, the planned unit development zoning was modified and amended by Resolution No. 2002-144 dated October 14, 2002; and WHEREAS, in connection with SC LLC’s acquisition of the EDA/SC LLC Property (and other property) in 2011, the planned unit development zoning was further modified and amended by City Council Resolution No. 2011-85 dated June 13, 2011 and the 1999 Declaration was terminated and replaced by that certain Declaration of Covenants and Restrictions dated June 28, 2011, filed for record on June 30, 2011 as Document No. T4868187 (“2011 Declaration”); and WHEREAS, the City Council has adopted the following Resolutions further amending City Council Resolution No. 2011-85: a. Resolution No. 2011-127 dated September 12, 2011; b. Resolution No. 2012-106 dated August 13, 2012; 10520920v3 2 c. Resolution No. 2012-129 dated September 24, 2012; d. Resolution No. 2013-72 dated July 8, 2013; e. Resolution No. 2013-124 dated October 14, 2013; f. Resolution No. 2014-75 dated June 9, 2014; g. Resolution No. 2015-170 dated November 9, 2015; h. Resolution No. 2017-174 dated February 13, 2017; i. Resolution No. 2020-053 dated June 8, 2020; j. Resolution No. 2020-061 dated July 27, 2020; and WHEREAS, the 2011 Declaration was amended by that certain amendment to the Shingle Creek Crossing Declaration of Covenants and Restrictions, dated February 15, 2018, filed for record on February 21, 2018 as Document No. T05512744 (the “First Amendment”); and WHEREAS, Shingle Creek LLC/Gatlin Development Company has submitted an application (Planning Application No. 2020-002) seeking approval of the elimination of certain use restrictions that were imposed by the 2011 Declaration and an amendment to the building size and site configuration of the SC LLC Property; and WHEREAS, on May 14, 2020, the Planning Commission considered Planning Application No. 2020-002 and recommended approval of certain requested amendments to the 2011 Declaration, as amended; and WHEREAS, on June 8, 2020, the City Council considered Planning Application No. 2020-002 and adopted City Council Resolution No. 2020-053 which approved certain amendments to the 2011 Declaration, as amended (“Approval Resolution #1”), attached to and incorporated hereto as Exhibit A, which approved additional amendments to the 2011 Declaration; and WHEREAS, Matt Durand has submitted an application (Planning Application No. 2020- 006) seeking approval of a site and building plan and issuance of a special use permit for a car wash on the SC LLC Property; and WHEREAS, on July 9, 2020, the Planning Commission considered Planning Application No. 2020-006 and recommended approval of the site and building plan and issuance of a special use permit; and WHEREAS, on July 27, 2020, the City Council considered Planning Application No. 2020-006 and adopted City Council Resolution No. 2020-061 which approved the site and building plan and issuance of a special use permit (“Approval Resolution #2”), attached to and incorporated hereto as Exhibit B; and 10520920v3 3 NOW, THEREFORE, in consideration of the conditional approval by the City Council of Planning Application Nos. 2020-002 and 2020-006, the parties hereto hereby agree to amend the 2011 Declaration as follows, all in accordance with the Approval Resolution #1 and Approval Resolution #2 and the Site Plan for the SC LLC Property to: 1. Removal of the “eating establishments” requirement for the SC LLC Property (Shingle Creek Crossing PUD lot identified as Building Site E), as outlined under Section 4.A of the 2011 Declaration. 2. Allowance of educational uses (Section 35-322.1.h), group day care, and drop in childcare centers (Section 35-322.1k), and veterinarian’s offices (but not animal hospitals). 3. Update the SC LLC Property (Building Site E) to reflect a 3,667 square foot building and 17 on-site parking spaces with three stacking lanes, as reflected in the exhibit provided by Kimley-Horn and dated May 8, 2020 that is attached to the Approval Resolution #1 as Exhibit C. 4. Relocation of the Shingle Creek Crossing monument sign on the SC LLC Property (Building Site E) to facilitate development. 5. No other allowances shall be permitted in the updating of the Shingle Creek Master Plan set, with the exception of any site-specific changes necessary for the site and building plan approval for the SC LLC Property (Building Site E) (e.g. landscaping, lighting). Any final changes to the building size and site configuration shall fall within the provisions addressed in Section 35-355, Subdivision 5.d (Planned Unit Development) or require further amendment to the 2011 Declaration. a. Any development on the SC LLC Property (Building Site E) will be required to follow the signage and architectural guidelines for Shingle Creek Crossing Planned Unit Development. b. Any items not covered by the aforementioned guidelines are subject to approval through City Code requirements. 6. Allow the construction of a standalone car wash on the SC LLC Property that is approximately 3,667 square feet in size. 7. Any outside trash disposal facilities or roof top or on ground mechanical building equipment on the SC LLC Property shall be appropriately screened from view. 8. The building on the SC LLC Property shall be equipped with automatic fire extinguishing systems meeting NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Code. 10520920v3 4 9. The civil and architectural plans for the building on the SC LLC Property must meet Minnesota ADA compliance standards. 10. A plan must be submitted to the City for approval that addresses trash and litter on the SC LLC Property. 11. The SC LLC Property must comply with any applicable noise standards and any additional permitting needs from the Minnesota Pollution Control Agency (MPCA) and adhere to any applicable City Code requirements. 12. The outside broadcasting of music or announcements, other than as necessary at pay stations is not permitted on the SC LLC Property. 13. All signage on the SC LLC Property must comply with the Shingle Creek Crossing Signage Guidelines and Chapter 34 of the City Code, and any new or relocated signage is to be approved by the City by issuance of a sign permit. [signature pages follow] 10520920v3 5 IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of the Declarant has hereunto set their hands and seals as of the day and year first above written. SHINGLE CREEK, LLC By: ___________________________________ Its: ___________________________________ (SEAL) STATE OF ______________ ) ) ss. COUNTY OF ______________ ) The foregoing instrument was acknowledged before me this ___ day of ___________, 2020, by Franklin C. Gatlin, III, the Sole Regular Director of Shingle Creek MM, Inc., a Delaware corporation, the Managing Member of Shingle Creek, LLC, a Delaware limited liability company, on behalf of said limited liability company. _______________________________________ Notary Public 10520920v3 6 APPROVED: CITY OF BROOKLYN CENTER By: ___________________________________ Mike Elliott, Mayor And by: ________________________________ Cornelius L. Boganey, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ___________, 2020, by Mike Elliott and Cornelius L. Boganey, the Mayor and City Manager for the City of Brooklyn Center, a municipal corporation, on behalf of the corporation. _______________________________________ Notary Public This Agreement drafted by: Kennedy & Graven, Chartered 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 10520920v3 A-1 EXHIBIT A Approval Resolution #1 [attached hereto] Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2020-002 SUBMITTED BY MATTHEW WOLF (TAFT, STETTINIUS & HOLLISTER LLP) ON BEHALF OF GATLIN DEVELOPMENT CO. INC. FOR PLANNED UNIT DEVELOPMENT AMENDMENT NO. 9 TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT WHEREAS, the City Council of Brooklyn Center, Minnesota adopted Resolution No. 2011-85, dated June 13, 2011, which is considered the first amendment to the previously approved 1999 Brookdale Mall Planned Unit Development, whereby this amendment approved the establishment of the new Shingle Creek Crossing Planned Unit Development, and which included an approved Development/Master Plan and certain allowances and development standards that would govern over the PUD; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2011-127, dated September 12, 2011, which approved the first amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2012-106, dated August 13, 2012, which approved the second amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2012-129, dated September 24, 2012, which approved the third amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2013-124, dated October 14, 2013, which approved the fourth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2013-72, dated July 8, 2013, which approved the fifth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and Ryan 2020-053 WHEREAS, the City Council subsequently adopted City Council Resolution No. 2014-75, dated June 9, 2014, which approved the sixth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2015-170, dated November 9, 2015, which approved the seventh amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2017-25, dated February 13, 2017, which approved the eighth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards, and subsequent revisions to the aforementioned amendment under City Council Resolution No. 2017-174, dated November 13, 2017; and WHEREAS, Matthew Wolf (Taft, Stettinius, and Hollister, LLP) on behalf of Shingle Creek LLC/Gatlin Development Co. Inc. submitted Planning Commission Application No. 2020-002, which is considered the ninth amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development; and WHEREAS, the proposal comprehends the elimination of certain use restrictions within the Planned Unit Development that were imposed under the original 2011 Shingle Creek Crossing Planned Unit Development and associated declaration; and WHEREAS, the Planned Unit Development Amendment also comprehends an amendment to the building size and site configuration of Building Site E (also known as Lot 2, Block 1 of Shingle Creek Crossing 2nd Addition); and WHEREAS, the Planning Commission held a duly called public hearing on May 14, 2020, whereby a staff report and public testimony regarding the amendment to the Planned Unit Development were received and considered by the Planning Commission; and the Planning Commission gave proper consideration of the amendment to the Planned Unit Development request by utilizing the guidelines for evaluating such an amendment as contained in Section 35- 355 of the City’s Zoning Ordinance and the City’s Comprehensive Plan; and WHEREAS, in light of all testimony received, the Planning Commission of the City of Brooklyn Center, Minnesota did determine that Planning Commission Application No. 2020-002, submitted by Matthew Wolf (Taft, Stettinius, and Hollister, LLP) on behalf of Shingle Creek LLC/Gatlin Development Co. Inc., may be approved based upon the following findings: a)The proposed amendments to the uses allowed within the Shingle Creek Crossing PUD are generally in line with the uses allowed by right or special use within the underlying C2 (Commerce) District, and will open up more opportunities for the PUD site to build out; b)The updating of Building Site E in the Shingle Creek Crossing PUD master plans addresses a current need to the overall Shingle Creek Crossing PUD plans as requested by property owner and Applicant Shingle Creek LLC/Gatlin Development Co. Inc.; c)The updating of Building Site E in the Shingle Creek Crossing PUD master plans will not impede the normal orderly development and proposed improvements of this Shingle Creek Crossing PUD, but rather take a pro-active approach by facilitating further buildout on the eastern edge of the Shingle Creek Crossing Planned Unit Development; d)The updating of Building Site E to reflect a potential car wash will not be injurious to the use and enjoyment of other uses in the Shingle Creek Crossing Planned Unit Development, nor be detrimental or pose any threat or danger to the public; e)The updating of Building Site E to reflect a potential car wash will be cognizant of and provide adequate measures to maintain and provide suitable access and parking to the site; and WHEREAS, the City Council of the City of Brooklyn Center, Minnesota, determined that Planning Commission Application No. 2020-002, submitted by Matthew Wolf (Taft, Stettinius, and Hollister LLP) on behalf of Shingle Creek LLC/Gatlin Development Co. Inc., requesting approval of a ninth amendment to the Shingle Creek Crossing Planned Unit Development may be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to recommend that Planning Commission Application No. 2020-002, submitted by Matthew Wolf (Taft, Stettinius, and Hollister LLP) on behalf of Shingle Creek LLC/Gatlin Development Co. Inc., be approved based upon the following conditions and considerations: 1)The Applicant is allowed to amend and update the 2011 Shingle Creek Crossing Planned Unit Development plans and documents, including the associated Declarations, to reflect all approved amendments approved by City Council since 2011, as well as the following: a.Removal of the “eating establishments” requirement for Building Site E, also known as 1080 Shingle Creek Crossing, as outlined under Section 4.A of the PUD Declarations; and b.Allowance of educational uses (Section 35-322.1.h), group day care and drop-in childcare centers (Section 35-322.1.k), and veterinarian’s offices (but not animal hospitals). c.Update Building Site E to reflect a 3,667-square foot building and 17-onsite parking spaces with two stacking lanes, as reflected in the exhibit provided by Kimley-Horn, and dated May 8, 2020. d.Relocation of the Shingle Creek Crossing monument sign on Building Site E to facilitate development. 2)No other allowances shall be permitted in the updating of the Shingle Creek Master Plan set, with the exception of any site-specific changes necessary for the site and building plan approval for Building Site E (e.g. landscaping, lighting). Any final changes to the building size and site configuration shall fall within the provisions addressed in Section 35-355, Subdivision 5.d (Planned Unit Development) or require further amendment to the 2011 Shingle Creek Crossing Planned Unit Development plans and documents. a.Any development on Building Site E will be required to follow the signage and architectural guidelines for Shingle Creek Crossing Planned Unit Development. b.Any items not covered by the aforementioned guidelines are subject to approval through City Code requirements. 3)A fully updated master plan set of the Shingle Creek Crossing Planned Unit Development is to be provided to the City as part of any subsequent application for site and building plan approval for Building Site E. 4)Unless amended otherwise or under separate agreement, all existing provisions, standards, and variations provided under the 2011 Shingle Creek Crossing Planned Unit Development and any subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing Planned Unit Development. 5)Any future amendments to the Planned Unit Development or application requests will require the submittal or adoption (acceptance) of an updated master plan, which shall govern the planned and future redevelopment areas of this site. June 8, 2020 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Graves Butler, Graves, Ryan Elliott E 4, 8 0 0 s f D 11 , 2 0 0 s f EX I S T I N G SI G N A L BA S S L A K E R D SHIN G L E C R E E K P K W Y E PR O P O S E D CA R W A S H 3, 6 6 7 S F IN S T A L L N E W 3 0 ' x 3 0 ' "D O N O T E N T E R " S I G N S " D O N O T E N T E R " S I G N S "R I G H T T U R N ON L Y " S I G N RE L O C A T E D MO N U M E N T S I G N RE M O V E A N D RE L O C A T E MO N U M E N T S I G N This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc. SH E E T N U M B E R 2018 KIMLEY-HORN AND ASSOCIATES, INC. 767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114 PHONE: 651-645-4197 WWW.KIMLEY-HORN.COM K:\TWC_LDEV\GATLIN DEVELOPMENT\BROOKDALE CENTER\CADD\PHASE 3\Holiday Car Wash\3 Design\CAD\Exhibits\Truck Turning Exhbit\2020-0503 PUD Comparison Exhibit.dwg May 08, 2020 - 3:48pm © BYREVISIONSNo.DATE PRELIMINARY - NOT FOR CONSTRUCTION NO R T H PREPARED FOR SITE PLAN / PUD OVERLAY EXHIBIT EX - 1 BUILDING E GATLIN DEVELOPMENT COMPANY BROOKLYN CENTER MN DATE CHECKED BY SCALE DESIGNED BY DRAWN BY KHA PROJECT 160188000 05/08/2020 AS SHOWN KJO KJO BMW Exhibit C B-1 501943v9 TJG BR305-146 EXHIBIT B Approval Resolution #2 [attached hereto] introduced the following resolution and moved itsMember Ryan adoption: RESOLUTION NO. 2020-061 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2020-006 SUBMITTED BY MATT DURAND FOR APPROVAL OF A SITE AND BUILDING PLAN AND ISSUANCE OF A SPECIAL USE PERMIT FOR A STANDALONE CAR WASH ON BUILDING SITE E WITHIN THE SHINGLE CREEK CROSSING PUD (1080 SHINGLE CREEK CROSSING) WHEREAS, Planning Commission Application No. 2020-006, submitted by Matt Durand (“the Applicant”), requests review and consideration for approval of a site and building plan and issuance of a Special Use Permit for an approximately 3,667-square foot standalone car wash on the 0.92 acre Building Site E within the Shingle Creek Crossing Planned Unit Development located at 1080 Shingle Creek Crossing (“the Subject Property”); and WHEREAS, the Subject Property is situated in the PUD (Planned Unit Development) / C2 (Commerce) District, where car washes are only permitted through issuance of a Special Use Permit under City Code Section 35-322 (C2 Commerce District), and so long as said use does not abut an R1, R2, or R3 District property, including abutment at the street line, and WHEREAS, standalone car washes as permitted within the Central Commerce Overlay District, where the Subject Property is located; and WHEREAS, Planning Commission Application No. 2020-002 was approved by City Council on June 8, 2020, and approved amendments to the Shingle Creek Crossing Planned Unit Development plans and documents to reflect updates to the building and site configuration of Building Site E and the uses allowed on Building Site E in preparation of the requested car wash use and to facilitate the submittal of Planning Commission Application No. 2020-006; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on July 9, 2020, whereby a planning staff report and Assistant City Engineer’s memorandum were presented and public testimony regarding the site and building plan and Special Use Permit requests were received; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Sections 35-230 (Plan Approval), 35-322 (C2 Commerce District), 35-355 (Planned Unit Development), and 35-2240 (CC Central Commerce Overlay District) of the City’s Zoning Ordinance, along with consideration of the goals and objectives of the City's 2040 Comprehensive Plan, the Planning Commission of the City of Brooklyn Center, Minnesota, considers this Site and Building Plan an appropriate and reasonable improvement to the currently vacant Subject Property; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota RESOLUTION NO. 2020-061 considered the Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this Special Use Permit contained in Section 35-220 (Special Use Permit) of the City’s Zoning Ordinance, and the request complies with the general goals and objectives of the City’s 2040 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center, Minnesota that Planning Commission Application No. 2020-006, submitted by Matt Durand, be approved based upon the following considerations: a) The establishment, maintenance, or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. b)The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c)The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d)Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. e)The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BE IT FURTHER RESOLVED by the City Council of Brooklyn Center, Minnesota to recommend that Planning Commission Application No. 2020-006, submitted by Matt Durand for approval of a site and building plan and issuance of a Special Use Permit to construct and operate an approximately 3,667-square foot standalone car wash on Building Site E within the Shingle Creek Crossing PUD, and also known as 1080 Shingle Creek Crossing, be approved subject to the following conditions and considerations: 1.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. a.The Shingle Creek Crossing Master PUD plan set, Declarations, and documents shall be updated to reflect changes approved under Planning Commission Application Nos. 2020-002 and 2020-006. An updated master plan set shall be provided for City records and prior to issuance of any building permits for the proposed car wash. i.Update the civil set to reflect requirements and redline comments from the Assistant City Engineer in his memorandum, dated July 6, 2020, and RESOLUTION NO. 2020-061 requests to narrow the stacking lane median and main drive aisle. ii.Provide updated landscape and photometric plans that are in agreement with the PUD master plans and per comments addressed in the staff report dated July 9, 2020. iii.An irrigation plan is to be submitted as part of any building permit submittal for the proposed car wash and said system is to be maintained. b.Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. 2.Unless otherwise determined, Property Owner/Applicant shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications, and standards comprehended under this Site and Building Plan approval. 3.A pre-construction conference shall be held with City staff and other entities designated by the City prior to issuance of a Building Permit. 4.The Applicant shall submit an as-built survey of the Subject Property, as well as any improvements and utility service lines, prior to the release of the Performance Agreement financial guarantee. 5.The Applicant agrees to comply with all conditions or provisions noted in the Assistant City Engineer’s Review memorandum, dated July 6, 2020. a.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City’s Engineering Division. b.All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 6.Any outside trash disposal facilities or roof top or on ground mechanical building equipment shall be appropriately screened from view. 7.The building shall be equipped with automatic fire extinguishing systems meeting NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 8.The civil and architectural plans shall meet minimum Minnesota ADA compliance standards. 9.The Applicant shall provide additional documentation as relates to anticipated noise levels for car wash equipment and vacuums, and provide a plan for addressing trash and litter on-site. RESOLUTION NO. 2020-061 i.The Applicant will conform to any applicable noise standards and any additional permitting needs from the Minnesota Pollution Control Agency (MPCA) and adhere to any City ordinance requirements. ii.No outside broadcasting of music or announcements, other than as necessary at pay stations, shall be permitted. 10.All signage is to comply with Shingle Creek Crossing Signage Guidelines and Chapter 34 of the City Code, and any new or relocated signage is to be approved by the City by issuance of a sign permit. July 27, 2020 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Lawrence-Anderson and upon vote being taken thereon, the following voted in favor thereof: Butler, Elliott, Graves, Lawrence-Anderson, Ryan and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. C ouncil R egular M eeng DAT E:10/12/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:M ark Ebens teiner, F inance D irector S U B J E C T:Res olu(on C er(fying S pecial A sses s ments for Emergency P rivate U(lity S ervice Repairs to the H ennepin C ounty P roperty Tax Rolls B ackground: At the March 26, 2018 City Council M ee(ng, C ity C ouncil adopted an emergency private u(lity s ervice repair policy to provide assistance to Brooklyn C enter residents w ho are facing unexpected financial burden of a needed exterior u(lity repair (s ewer or w ater line repair from the main, including curb s top, to the principle s tructure on the property). The program provides a minimum of $500 and a maximum of $10,000 for a homeow ner to complete the eligible private exterior repair, w hich w ould then be asses s ed to the homeow ner ’s property taxes. A s required by the policy, the homeow ners have entered into a s pecial asses s ment agreement, w here the City is to pay the contractor ’s invoice, and the cos ts of the repair are to be as s essed to the homeowner ’s property over a period of five years at the interest rate determined by the C ity ’s s pecial asses s ment interest rate policy (currently four percent). A s part of the asses s ment agreement the homeow ner has agreed to w aive any and all procedural and s ubs tan(ve objec(ons to the improvement and special as s essment, including but not limited to hearing requirements and any claim that the asses s ment exceeds the benefit to the property. The C ity has entered into s ix s pecial asses s ment agreements totaling $23,252. B udget I ssues: The C ity will recoup the cos ts incurred for these u(lity repairs over the five-year period of 2021-2025. S trategic Priories and Values: S afe, S ecure, S table C ommunity AT TA C H M E N TS : D escrip(on U pload D ate Type Res olu(on C er(fying U (lity S ervice Line Repairs 10/6/2020 Resolu(on Le@er A greement 1 10/7/2020 Backup M aterial A greement 2 10/7/2020 Backup M aterial A greement 3 10/7/2020 Backup M aterial A greement 4 10/7/2020 Backup M aterial A greement 5 10/7/2020 Backup M aterial A greement 6 10/7/2020 Backup M aterial Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR EMERGENCY PRIVATE UTILITY SERVICE REPAIRS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS WHEREAS, pursuant to the City’s Emergency Private Utility Service Repair Assessment Policy provides assistance to Brooklyn Center residents who are facing unexpected financial burden of a needed exterior private utility repair; and WHEREAS, the City has provided funds to the homeowner to complete a private exterior repair; and WHEREAS, the homeowner has agreed, as part of the assessment agreement, to the assessment and to waive any and all procedural and substantive objections to the improvement and assessment, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the property; and WHEREAS, a special assessment roll, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where a private utility repair cost is to be assessed with the amount, including interest and service charges, to be assessed, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The special assessment roll of emergency private utility repairs is hereby adopted and certified as Assessment Roll No. 20577. 2. The special assessments as adopted and confirmed shall be payable with ad valorem taxes levied in 2020, in five installments with interest thereon at three point five (3.5) percent per annum. 3. The owner of any property so assessed may at any time prior to the certification of the assessments to the Hennepin County Auditor pay the entire assessment to the City, without interest. Such payments must be made by the close of business on November 20, 2020 or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the Hennepin County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. RESOLUTION NO. _______________ October 12, 2020 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. C ouncil R egular M eeng DAT E:10/12/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:D r. Reggie Edwards, D eputy C ity M anager S U B J E C T:C A R E S A C T F unding A ppropria*ons – B C TC P R I D E A N D S A F E T Y P U B L I C A R T I N I T I AT I V E B ackground: I n J une 2020, the U S Congres s establis hed funding under s ec*on 601(a) of the S ocial S ecurity A ct known as the Coronavirus A id, Relief, and Economic S ecurity A ct ("C A R E S A ct"). The C A R E S A ct es tablished the C oronavirus Relief F und (the "F und") and appropriated $150 billion to the F und. U nder the C A R E S A ct, funding payments were to be used for specified uses to S tates and certain local governments ; the D istrict of Columbia and U.S . Territories (consis*ng of the Commonwealth of P uerto Rico, the U nited S tates V irgin I s lands, G uam, A merican S amoa, and the Commonwealth of the Northern Mariana I slands ); and Tribal governments. The C A R E S A ct provides that payments from the F und may only be used to cover costs that: 1. A re necessary expenditures incurred due to the public health emergency w ith res pect to the Coronavirus D is eas e 2019 (C O V I D –19); 2. Were not accounted for in the budget mos t recently approved as of M arch 27, 2020 (the date of enactment of the C A R E S A ct) for the S tate or government; and 3. Were incurred during the period that begins on March 1, 2020, and ends on D ecember 30, 2020. The C ity of Brooklyn C enter received funding from the C A R E S A C T in the amount totaling $2,433,415. I n accordance with the guidelines of the C A R E S A C T, funding staff has developed a propos ed disburs ement of the funds bas ed on eligibility criteria and community need. We have focus ed our review based generally on the following: City eligible costs already s pent or incurred. A ddi*onal city cost that advance an*cipated C O V I D needs Costs that address Res ident Economic S tability and the reduc*on of racial dispari*es. Collabora*on with community partners to address resident economic s tability, and the reduc*on of racial dispari*es. A ll funds must be expended by November 15, 2020. A ny balance remaining that the C ity has not expended by C A R E S A C T regula*ons shall be dispersed to a medical facility(s ) w ithin the C ounty at the C ity ’s dis cre*on. I n A ugus t 2020, reached a census on expending C A R E S A C T funding in accordance w ith federal guidelines and the proposed dis bursement plan as modified by the Council. S taff is s eeks to proceed w ith the direc*on of Council by expending C A R E S A C T funds for B C TC P R I D E A N D S A F E T Y P U B L I C A R T I N I T I AT I V E. This ini*a*ve involves local ar*sts conduc*ng community art-making w orks hops . The local ar*s ts w ill be the crea*ve leader for community w orks hops w ill be conducted at a s afe dis tance and outdoors . C ommunity art projects could include: D es igning cut paper graphic designs related to community pride and s afety. Thes e could would be digi*z ed by the workshop leader/graphic des igner to be made into community designed facemasks , as well as, s emi-trans parent window clings to be installed in the s pring. Pain*ng a mural or crea*ng a mosaic, predes igned by the ar*st with the input of community members' input beforehand, and with the theme of community pride and safety. The mural/mos aic w ould be installed later. The community members and lead ar*s t w ould paint/mosaic on a large s ubs trate to be fastened to a w all. B udget I ssues: The total funding for this pilot is $30,000, w hich w ould be funded by the Coronavirus A id, Relief, and Economic S ecurity A ct ("C A R E S A ct"). S trategic Priories and Values: Enhanced Community I mage, Resident Economic S tability, I nclusive C ommunity Engagement, S afe, S ecure, S table Community AT TA C H M E N TS : D escrip*on U pload D ate Type Res olu*on 10/7/2020 Cover Memo Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION AUTHORIZING STAFF TO PROCEED WITH THE BCTC PRIDE AND SAFETY PUBLIC ART INITIATIVE WITH FUNDING BY THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT ("CARES ACT"). WHEREAS, In June 2020, the US Congress established funding under section 601(a) of the Social Security Act known as the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"). WHEREAS, The CARES Act provides that payments from the Fund may only be used to cover costs that: 1. Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19); 2. Were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and 3. Were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. WHEREAS, Based on community research the City of Brooklyn Center identified the following top needs in response to the COVID Pandemic: 1) Resources life essentials (i.e. food, rent/housing, etc.), 2) Housing Stability, 3) Emotional and Mental Health Well-Being, 4) Financial Assistance to Business, 5) Communication on COVID-19 and Access to Resources, 6) High Speed Internet and7) Job Creation; and WHEREAS, In partnership with Metro Transit and local school districts the City developed the BCTC PRIDE AND SAFETY PUBLIC ART INITIATIVE. This initiative involves local artists conducting community art-making workshops. The local artists will be the creative leader for community workshops will be conducted at a safe distance and outdoors. Community art projects could include: • Designing cut paper graphic designs related to community pride and safety. These could would be digitized by the workshop leader/graphic designer to be made into community designed facemasks, as well as, semi-transparent window clings to be installed in the spring. • Painting a mural or creating a mosaic, predesigned by the artist with the input of community members' input beforehand, and with the theme of community pride and safety. The mural/mosaic would be installed later. The community members and lead artist would paint/mosaic on a large substrate to be fastened to a wall. WHEREAS, BCTC PRIDE AND SAFETY PUBLIC ART INITIATIVE qualifies as an appropriate expenditure of the Coronavirus Aid, Relief, And Economic Security Act ("Cares Act") and the total cost to implement the project is $30,000. RESOLUTION NO. _______________ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, authorize staff to proceed with the BCTC PRIDE AND SAFETY PUBLIC ART INITIATIVE, with funding by the Coronavirus Aid, Relief, And Economic Security Act ("Cares Act"). October 12, 2020 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. 2. July 25, 2009 Date Mayor ATTEST: City Clerk RESOLUTION NO. _______________ The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. C ouncil R egular M eeng DAT E:10/12/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:Kelli W ick, H uman Res ource D irector S U B J E C T:Res olu*on S e+ng 2021 Employer Benefits Contribu*on for F ull-Time Non-U nion Employees B ackground: The C ity provides a cafeteria benefit plan which allow s employees to purchase not only their medical ins urance but other insurances provided by the C ity including dental, supplemental and dependent life, and long and s hort term dis ability. The C ity par*cipates in the LO G I S health care cons or*um. The consor*um allows member ci*es to pool together their purchas ing power for health and life ins urance. O ur current health ins urance provider is H ealth Partners. A nnually the C ity receives the premium increas e for health ins urance coverage from the LO G I S group. For 2021 the group received a 9.3%. For 2021 the s ingle health ins urance premiums range from $720 to $857. Family premiums range from $1873 to $2229. Employees w ho par*cipate in high deduc*ble health plans tend to be be@er health care cons umers as they are responsible for out of pocket expens es (preventa*ve vis its are alw ays covered at 100%.) The total recommended employer benefits contribu*on for 2021 is $1,320 per month. Employees who elect to opt out w ill receive 75% of the cafeteria contribu*on, w hich is $990 for 2021. B udget I ssues: S ufficient funds are available in the general fund of the propos ed 2021 budget. S trategic Priories and Values: O pera*onal Excellence AT TA C H M E N TS : D escrip*on U pload D ate Type Res olu*on 10/8/2020 Resolu*on Le@er Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SETTING 2021 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES WHEREAS, the City Council annually reviews the benefit contribution that is used to provide insurance benefit assistance to City employees; and WHEREAS, the City has reviewed its contribution to assist in the payment of health insurance premiums and determined that the City’s contribution for 2021 should increase by $59; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City’s contribution for regular, full-time non-union City employees for the calendar year 2021 shall be set at $1,320.00 per month including the cost of $10,000 in life insurance coverage. Employees who elect to opt out will receive $990 per month for 2021. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. C ouncil R egular M eeng DAT E:10/12/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :M eg Beekman, C ommunity D evelopment D irector BY:J esse A nders on, D eputy D irector of Community D evelopment S U B J E C T:Res olu+ons for P ropos ed S pecial A sses s ments for Nuis ance A batement Costs, Tall G ras s and Weed A batement C os ts , D ead and D is eas ed Tree A batement C os ts and A dminis tra+ve F ines /C ita+ons B ackground: Four public hearings have been scheduled for O ctober 12, 2020 to consider cer+fica+on of proposed s pecial asses s ments . The No+ce of P ublic H earing was pos ted in the City ’s official new s paper, the S un Post, on O ctober 1, 2020. A ll poten+ally affected property ow ners have als o been no+fied by cer+fied mail of the date of the public hearing and the amount of the proposed s pecial asses s ments . The following is a brief summary of the minimum proces s involved leading up to a C ity-facilitated abatement. O nce a violation verified or correc tion is identified, a written compliance notice is provided to the owner of rec ord. In addition to notifying the owner of record, in c ertain c as es , properties may be posted or other respons ible parties may be notified. A follow up inspec tion is conduc ted to verify that the property was brought into c omplianc e with the code. If compliance has not been ac hieved, the c ity will send additional notices, or take c orrective actions to remove the public nuis anc e or hazard, depending on the nature of the is s ue. In the case of an abatement, the c ity bills the owner of rec ord for the portion of c os ts the c ity incurred directly related to the abatement ac tion. A service charge is applied to help recover adminis trative costs as s ociated with the abatement process s uc h as time spent on inspec tions , notifications, invoic ing, overhead, etc . T he c os ts of the abatements are rec orded as pending s pecial as s es s ments and this information is available to the public. W hen a property is sold, title companies , real estate agents, or other parties are obligated to c onduct property searc hes to determine the pending and levied s pecial as s es s ment amounts . P ayments of any pending or levied spec ial assessment s hould be negotiated by the s ellers and buyers as part of the sales trans actions. For adminis tra+ve cita+ons/fines, an appeal proces s is pres cribed by C ity O rdinance Chapter 18. I nforma+on about the appeal proces s and +meframe is provided with the cita+on. Public H earing Process S taff recommends that the C ity C ouncil conduct the hearings concurrently. The a:ached resolu+ons cer+fying the asses s ments to the H ennepin County tax rolls are provided for C ouncil cons idera+on upon clos ing of the P ublic H earings . I f any addi+onal property ow ner files an appeal with the City Clerk prior to the P ublic H earing, or should any pers on appear at the hearing and object to an asses s ment, staff recommends that the Council refer any s ubs tan+ve objec+ons to staff for a report back to the C ouncil at a con+nued hearing to take place in tw o w eeks. This w ould provide staff +me to res earch the details of the items and assemble documenta+on for Council's considera+on. I f any as s essments are removed from the proposed levy roll, it is recommended that the Council consider adop+ng the remaining proposed asses s ments . I f an appeal for a specific property is filed within district court, the C ity A:orney will advise the C ouncil of op+ons for handling the dispute and poten+al li+ga+on is s ues. Payment O pons Available to Property O wners O nce an asses s ment roll is adopted by the C ouncil, the ow ner of each property has the follow ing op+ons : 1. P ay the entire amount of the s pecial as s es s ment, without interes t, between O ctober 13, 2020 and November 13, 2020. 2. After November 13, 2020 through November 20, 2020, the property owner may pay the total s pecial as s es s ment plus ac cumulated interest (3.5 perc ent) through the date of payment. 3. If payments are made with property taxes , the first payment will be due with taxes in 2021. T he total princ ipal will be payable in annual installments for the period s tated on the levy roll and as indicated below. Interes t of 3.5 perc ent is acc rued on the unpaid balanc e. Nuis ance A batement Costs O ne Year A dminis tra+ve F ines /C ita+ons O ne Year Tall G rass and Weed A batements O ne Year D ead and D is eas ed Tree A batements F ive Years Par+al prepayments (s uch as paying half now and cer+fying the balance) are not allowed under current asses s ment policy. B udget I ssues: These fees help recover s ome cos ts the C ity incurs related to s ervices provided to specific proper+es. For accoun+ng purpos es, s pecial asses s ments fees are included in the general fund as revenue. I t is an+cipated that thes e costs recovered through special as s essments will be received in 2021, and are therefore included in the 2021 budget. The levy roll for nuis ance abatement costs totals $2,210. The levy roll for adminis tra+ve fines /cita+on totals $22,730. The levy roll for w eed destruc+on totals $4,440. The levy roll for dead/diseased tree removal totals $9,848.46. A n updated lis t w ill be provided at the Council M ee+ng reflec+ng payments made by O ctober 9, 2020. S trategic Priories and Values: S afe, S ecure, S table C ommunity AT TA C H M E N TS : D escrip+on U pload D ate Type Res olu+on C ita+ons 10/1/2020 Resolu+on Le:er C ita+on List 10/1/2020 Resolu+on Le:er Res olu+on A batements 10/1/2020 Resolu+on Le:er A batement L is t 10/1/2020 Resolu+on Le:er Res olu+on Trees 10/1/2020 Resolu+on Le:er Tree L is t 10/1/2020 Resolu+on Le:er Res olu+on Tall G rass/Weeds 10/1/2020 Resolu+on Le:er Tall G rass/Weeds L is t 10/1/2020 Resolu+on Le:er Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused Administrative Fines/Citation costs for certain properties within the City from September 1, 2019 thru August 31, 2020 under the authority of City Ordinance Section 18-204 and Minnesota Statutes, Section 429; and WHEREAS, on October 9, 2020, certain Administrative Fines/Citation costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from September 1, 2019 thru August 31, 2020 a copy of which is attached hereto and made part hereof by reference, has been prepared, tabulating those properties where Administrative Fines/Citation costs are to be assessed to each property; and WHEREAS, City Ordinance Section 18-210 and Minnesota State Statute authorizes the certification of certain delinquent Administrative Fines/Citation accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for Administrative Fines/Citation costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The special assessment roll of Administrative Fines/Citation costs incurred from September 1, 2019 thru August 31, 2020 is hereby adopted and certified as Levy No. 20575. 2. The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2021, in one annual installment with interest thereon at three point five (3.5) percent per annum and shall bear interest on the entire assessment from November 1, 2020 through December 31, 2021. RESOLUTION NO. _____________ 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before November 13, 2020. After November 13, he or she may pay the total special assessment, plus interest. Interest will accumulate from November 1, 2020 through the date of payment. Such payment must be made by the close of business November 20, 2020 or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. October 12, 2020 ________________________________ Date Mayor ATTEST: ___________________________________________ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereon said resolution was declared duly passed and adopted. Special Assessment Pending Levy Roll (Admin Fines/Citations) September 1, 2019 to August 31, 2020 Administrative Penalty/Citation Printed September 30, 2020 Municipal Code No. 22 Levy Runs One Year Levy No.Property ID AmountProperty Address 20575 01-118-21-12-0038 300.00 6018 Camden Ave N 20575 01-118-21-31-0009 750.00 907 57th Ave N 20575 01-118-21-31-0093 4,000.00 5606 Bryant Ave N 20575 01-118-21-33-0072 300.00 1425 55th Ave N 20575 01-118-21-33-0146 500.00 5301 Dupont Ave N 20575 02-118-21-34-0043 600.00 5307 Penn Ave N 20575 02-118-21-41-0081 4,000.00 5642 Logan Ave N 20575 03-118-21-21-0105 300.00 3818 61st Ave N 20575 03-118-21-44-0022 600.00 5308 Lilac Dr N 20575 10-118-21-32-0064 3,750.00 4100 Lakebreeze Ave 20575 25-119-21-33-0065 300.00 7001 Fremont Ave N 20575 26-119-21-34-0005 300.00 2208 69th Ave N 20575 26-119-21-43-0055 300.00 7024 Morgan Ave N 20575 27-119-21-31-0075 900.00 7119 Halifax Ave N 20575 27-119-21-32-0008 300.00 7212 Lee Ave N 20575 27-119-21-33-0103 125.00 6930 Brooklyn Blvd 20575 27-119-21-43-0057 300.00 7018 France Ave N 20575 28-119-21-43-0089 600.00 5331 70th Cir 20575 33-119-21-14-0024 280.00 4913 Winchester La 20575 33-119-21-41-0037 900.00 6407 Orchard Ave N 20575 34-119-21-11-0061 125.00 6812 Zenith Ave N 20575 34-119-21-32-0109 125.00 6437 Kyle Ave N 20575 35-119-21-42-0006 125.00 6445 James Cir N 20575 36-119-21-13-0097 300.00 6618 Camden Dr 20575 36-119-21-13-0105 900.00 6601 Camden Dr 20575 36-119-21-22-0057 125.00 1308 68th Ln N 20575 36-119-21-22-0058 300.00 1312 68th Ln N 20575 36-119-21-24-0057 125.00 6618 Colfax Ave N 20575 36-119-21-31-0042 1,200.00 6337 Bryant Ave N Total:22,730.00 Page 1 of 1City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused abatement removal on certain properties within the City from September 1, 2019 thru August 31, 2020 under the authority of City Ordinance Section 12-1504 and Minnesota Statutes, Section 429 and/or by written agreement with the owners of such property; and WHEREAS, on October 9, 2020, certain abatement accounts remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from September 1, 2019 thru August 31, 2020, a copy of which is attached hereto and made part hereof by reference, has been prepared, tabulating those properties where abatement costs are to be assessed, together with the amounts proposed to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent abatement accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for abatement costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The special assessment roll of abatement costs incurred from September 1, 2019 thru August 31, 2020 is hereby adopted and certified as Levy No. 20574. 2. The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2021, in one annual installment with interest thereon at 3.5 percent per annum and shall bear interest on the entire assessment from November 1, 2020 through December 31, 2021. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before November 13, 2020. After November 13, 2020, he or she may pay the total special assessment, plus interest. Interest will accumulate from November 1, 2020 through the date of payment. Such payment must be made by the close of business November 20, 2020 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. _____________ 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. October 12, 2020 ______________________________ Date Mayor ATTEST: ___________________________________________ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereon said resolution was declared duly passed and adopted. Special Assessment Pending Levy Roll (Abatement) 2020 Abatement Printed October 01, 2020 Municipal Code No. 22 Levy Runs One Year Levy No.Property ID AmountProperty Address 20576 34-119-21-44-0092 2,210.00 3224 Lawrence Rd Total:2,210.00 Page 1 of 1City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused the removal of trees on certain properties within the City during 2020 under the authority of Minnesota Statutes, Section 18G.13, City Ordinance Section 20-301 through 20-306 and/or by written agreement with the owners of such property; and WHEREAS, on October 9, 2020, certain tree removal costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts during 2020, a copy of which is attached hereto and made part hereof by reference, has been prepared, tabulating those properties where tree removal costs are to be assessed, together with the amounts proposed to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent tree removal costs to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for tree removal costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The special assessment roll of tree removal costs incurred during the year 2020 is hereby adopted and certified as Levy No. 20573. 2. The special assessments as adopted and confirmed shall be payable in equal annual installments with interest thereon at 3.5 percent per annum, extending over a period of five years. The first of the installments shall be payable with ad valorem taxes in 2021, and shall bear interest on the entire assessment from November 1, 2020 through December 31, 2021. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City, without interest, if the entire assessment is paid on or before November 13, 2020. After November 13, 2020, he or she may pay the total special assessment, plus interest. Interest will accumulate from RESOLUTION NO. _______________ November 1, 2020 through the date of payment. Such payment must be made by the close of business November 20, 2020 or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. October 12, 2020 __________________________________ Date Mayor ATTEST: ___________________________________________ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereon said resolution was declared duly passed and adopted. Special Assessment Pending Levy Roll (Trees) 2020 Tree Removal Printed September 30, 2020 Municipal Code No. 22 Levy Runs Five Years Levy No.Property ID AmountProperty Address 20573 01-118-21-21-0018 674.00 5943 Colfax Ave N 20573 03-118-21-24-0043 399.46 3813 France Pl 20573 26-119-21-41-0080 4,450.00 7208 Logan Ave N 20573 34-119-21-32-0029 525.00 6418 Noble Ave N 20573 34-119-21-41-0089 3,800.00 3207 Ohenry Rd Total:9,848.46 Page 1 of 1City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Member introduced the following resolution and moves its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused noxious weeds and tall grass to be cut down on properties within the City under the authority of Minnesota Statutes Section 18.78 and City Ordinance Section 19-1601 through 19-1604; and WHEREAS, on October 9, 2020, certain weed destruction accounts for removal of said weeds and tall grass costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from 2020, a copy of which is attached hereto and made part hereof by reference, tabulating those properties where unpaid weed destruction account costs are to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent weed destruction accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for weed destruction costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The special assessment roll of unpaid weed destruction accounts incurred during the year 2020 is hereby adopted and certified as Levy No. 20574. 2. The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2021, in one annual installment with interest thereon at 3.5 percent per annum and shall bear interest on the entire assessment from November 1, 2020 through December 31, 2021. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before November 13, 2020. After November 13, 2020, he or she may pay the total special assessment, plus interest. Interest will accumulate from November 1, 2020 through the date of payment. Such payment must be made by the close of business November 20, 2020 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. _______________ 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. October 12, 2020 ________________________________________ Date Mayor ATTEST: ___________________________________________ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereon said resolution was declared duly passed and adopted Special Assessment Pending Levy Roll (Grass/Weeds) 2020 Weed Destruction Printed September 30, 2020 Municipal Code No. 22 Levy Runs One Year Levy No.Property ID AmountProperty Address 20574 01-118-21-23-0020 251.25 1208 57th Ave N 20574 01-118-21-24-0025 993.75 5800 Dupont Ave N 20574 01-118-21-33-0080 240.00 5415 Dupont Ave N 20574 01-118-21-33-0109 480.00 5452 Fremont Ave N 20574 02-118-21-42-0120 776.25 5601 Logan Ave N 20574 10-118-21-32-0060 262.50 4816 Twin Lake Ave 20574 25-119-21-32-0026 240.00 7231 Girard Ave N 20574 34-119-21-14-0083 25.00 3000 Quarles Rd 20574 34-119-21-34-0013 703.75 3906 Janet La 20574 35-119-21-32-0085 25.00 6309 Brooklyn Dr 20574 35-119-21-41-0008 442.50 6440 James Cir N Total:4,440.00 Page 1 of 1City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 C ouncil R egular M eeng DAT E:10/12/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:M ark Ebens teiner, F inance D irector S U B J E C T:Res olu(on C er(fying S pecial A sses s ments for D elinquent P ublic U (lity S ervice A ccounts to the H ennepin C ounty P roperty Tax Rolls B ackground: The C ity of Brooklyn C enter annually cer(fies delinquent u(lity bills to H ennepin C ounty. The cer(fied bills become as s essments on the property ow ner ’s following year ’s property tax bill. This proces s s tarts w ith a le6er to the customer no(fying them that their account is pas t due and that the amount will be cer(fied against their property taxes. This first le6er details the process and the legal authority for cer(fica(on. A ccounts that con(nue to remain unpaid receive a s econd le6er indica(ng that their account will be cer(fied for collec(on with property taxes following a public hearing. The date, (me and loca(on for the public hearing are included in this no(ce. Customers that do not pay a7er the second le6er are included in the final as s essment roll. The C ity has approximately 8,900 total u(lity accounts. Compara(ve number of accounts and dollars cer(fied are as follow s : # of A ccounts D ollar A s s essed Value 2015 641 $389,828.35 2016 630 $418,176.96 2017 624 $459,319.92 2018 677 $496,644.11 2019 730 $515,543.87 2020 489 $377,574.76 B udget I ssues: These delinquent u(lity billings recorded as receivables and recogniz ed as revenues in the current budget year. H ow ever, the actual collec(ons of these accounts will likely occur in future years . S trategic Priories and Values: S afe, S ecure, S table C ommunity AT TA C H M E N TS : D escrip(on U pload D ate Type D elinquent U(li(es S pecial A s s essment Res olu(on 10/7/2020 Resolu(on Le6er C er(fica(on L is t - D elinquent U (li(es 10/7/2020 Exhibit S pecial A sses s ment P ublic H earing P resenta(on 10/6/2020 P resenta(on Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS WHEREAS, the records of the Utility Billing Division list certain accounts as delinquent as of June 30, 2020; and WHEREAS, the owners of the properties served by each delinquent account have been notified of the delinquency according to legal requirements; and WHEREAS, Minnesota Statutes 444.075 and City Ordinances, Sections 4-105 and 4-201 authorize certification of such delinquent accounts to the County property tax rolls for collection; and WHEREAS, a special assessment roll, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where a delinquent public utility account is to be assessed with the amount, including interest and service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessments for delinquent utility service accounts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The special assessment roll of delinquent public utility accounts is hereby adopted and certified as Assessment Roll No. 20584. 2. The special assessments as adopted and confirmed shall be payable with ad valorem taxes levied in 2020, in one installment with interest thereon at three and one-half percent (3.5) percent per annum, and shall bear interest on the entire assessment from October 1, 2020 through December 31, 2021. 3. The owner of any property so assessed may at any time prior to the certification of the assessments to the Hennepin County Auditor pay the entire assessment to the City, without interest, if the entire assessment is paid on or before October 9, 2020. From October 12, 2020, the owner may pay the entire assessment plus interest accumulated from October 1, 2020 through the date of payment. Such payments must be made by the close of business on November 20, 2020 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. _______________ 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the Hennepin County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. October 12, 2020 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Levy # Account # Name Service Address Certification Balance Property ID # Cycle 20584 0025510003 MAI SHOUA XIONG 6242 LEE AVE N $204.29 3411921330034 Cycle 3 20584 0010760005 SARAH DAVIS 7040 DREW AVE N $206.46 2711921430001 Cycle 1 20584 0058040002 MICHAEL PRATT 6816 BRYANT AVE N $207.72 3611921210010 Cycle 2 20584 0077540000 TRACIE ROBERTSON 5610 HUMBOLDT AVE N $222.43 0111821320068 Cycle 6 20584 0068940003 JOSE RECINOS‐ROGUE 5018 ABBOTT AVE N $235.39 1011821140085 Cycle 6 20584 0017940002 AMANDA SCHLOESSER 6136 REGENT AVE N $248.96 3311921440058 Cycle 3 20584 0020750000 JULIO BONETE‐CHIQUI 6306 SCOTT AVE N $253.51 3311921420004 Cycle 3 20584 0056960003 KUELENG YANG 6718 CAMDEN AVE N $256.28 3611921120059 Cycle 2 20584 0021110006 TONG GE YANG 6400 REGENT AVE N $257.39 3311921410112 Cycle 3 20584 0092620006 GGCM INC 5724 ALDRICH AVE N $258.15 0111821240038 Cycle 4 20584 0044310000 BOA NGUYEN 5730 NORTHPORT DR $263.22 0311821130089 Cycle 5 20584 0012020009 SUMMIT PROPERTIES LLC 7025 LOGAN AVE N $267.36 2611921430042 Cycle 2 20584 0000980001 LEROY EDEBURN 6724 SCOTT AVE N $274.29 3311921120076 Cycle 1 20584 0017990007 RONDA AL‐HAKIM 6107 QUAIL AVE N $279.02 3311921440034 Cycle 3 20584 0093650002 ALEX BAIHAO 5930 CAMDEN AVE N $279.80 0111821120022 Cycle 4 20584 0077790100 JULIAN GUO 5639 GIRARD AVE N $283.29 0111821320078 Cycle 6 20584 0091410003 GLENN KURKE 6021 BRYANT AVE N $286.64 0111821210097 Cycle 4 20584 0006383705 DEBBIE NAYES 5407 70TH CIR $288.08 2811921430085 Cycle 1 20584 0087890002 PETER HOEBEN 6100 GIRARD AVE N $292.54 3611921330011 Cycle 4 20584 0012770009 UZOMA PRINCE ABANONU 1821 IRVING LA N $295.25 2611921440092 Cycle 2 20584 0006402208 LAURA MORGAN 7253 UNITY AVE N $300.00 2811921420264 Cycle 1 20584 0030570000 CHRISTINA ADAMS 6607 EWING AVE N $304.62 3411921130093 Cycle 3 20584 0005880008 BINALAYEFA NAGBERI‐OKOLAKPA 7024 REGENT AVE N $307.07 2811921440058 Cycle 1 20584 0031630001 KONG MOUA 6306 GRIMES AVE N $307.40 3411921310023 Cycle 3 20584 0029440009 JAMES VISETSIN 4506 WINCHESTER LA $313.26 3411921230033 Cycle 3 20584 0001380003 DENNA RUCKER 6719 QUAIL AVE N $315.47 3311921110076 Cycle 1 20584 0021750000 ALEXIS CAMPBELL 1213 WOODBINE LA $317.95 2511921320072 Cycle 2 20584 0006401903 MASSAMA KONNEH 7245 UNITY AVE N $321.16 2811921420264 Cycle 1 20584 0067400009 MIDFIRST BANK 3901 52ND AVE N $323.81 1011821210052 Cycle 6 20584 0061230004 ANIKONE PHIMMALOUNE 6725 CAMDEN AVE N $324.03 3611921210101 Cycle 2 20584 0042090000 GBOLEY NYANWLEH 3801 61ST AVE N $324.54 0311821120077 Cycle 5 20584 0085320007 ADRIANA YANELI GALLARDO GONZALEZ 5338 HUMBOLDT AVE N $324.93 0111821330026 Cycle 6 20584 0074960003 JOSE L GUERRERO 1605 57TH AVE N $328.54 0211821410038 Cycle 6 20584 0006371502 DIOH PEAH 5431 PONDS DR $333.17 2811921420264 Cycle 1 20584 0050030001 MARK PIVEC 6926 WEST RIVER RD $337.30 2511921430039 Cycle 2 20584 0034160001 CHARLES LANHART 2813 OHENRY RD $337.33 3511921320093 Cycle 5 20584 0018820005 KARI CAMPBELL 6505 UNITY AVE N $340.98 3311921130110 Cycle 3 20584 0037510004 JUDY MARSHALL 2818 NASH RD $342.48 3511921330031 Cycle 5 20584 0019280001 DARWIN L CRIMMINS 4913 HOWE LA $343.39 3311921140058 Cycle 3 20584 0037060000 VICTORIA HENDERSON 3301 63RD AVE N $344.26 3411921440013 Cycle 5 20584 0030360006 BETTY DUDLEY 6510 BROOKLYN BLVD $347.76 3411921130010 Cycle 3 20584 0014170003 CLAUDIO ORTIZ 6930 INDIANA AVE N $354.53 2711921340021 Cycle 1 20584 0006392300 ELIZA MORRIS 5332 71ST CIR $359.05 2811921420021 Cycle 1 20584 0006377202 NICOLE BEARD 5430 PONDS DR $359.08 2811921420264 Cycle 1 20584 0028360000 DIANN TUCKER 6307 INDIANA AVE N $360.03 3411921310046 Cycle 3 20584 0020160003 SUSANNAH K GUAH 7100 HUMBOLDT AVE N $364.29 2511921320064 Cycle 2 20584 0022150001 BRADLEY BURGESS 5300 63RD AVE N $368.38 3311921420122 Cycle 3 20584 0074330009 JASMINE JONES 5307 HUMBOLDT AVE N $370.91 0211821440033 Cycle 6 20584 0022530004 TERRA‐NEET SNELLING 4806 63RD AVE N $373.12 3311921410047 Cycle 3 20584 0083720000 JESSICA PEARSON 5301 COLFAX AVE N $374.07 0111821340087 Cycle 6 20584 0040210006 PEARL MOONEN 5912 ABBOTT AVE N $376.05 0311821110086 Cycle 5 20584 0028480006 OLUSEGUN AMOS 6418 MARLIN DR $376.31 3411921310091 Cycle 3 20584 0006377004 AELICIA WILLIAMS‐MCNEIL 5426 PONDS DR $378.13 2811921420264 Cycle 1 20584 0074440006 LYLE L LATZIG 5413 HUMBOLDT AVE N $380.00 0211821440134 Cycle 6 20584 0017690003 ALVINA LOPEZ 6142 SCOTT AVE N $385.00 3311921430021 Cycle 3 20584 0030720100 JIM NEUBERGER 6612 DREW AVE N $387.77 3411921130094 Cycle 3 20584 0023380003 LAURA WATTS 4507 KATHRENE DR $388.12 3411921320053 Cycle 3 20584 0083960002 JACOB KALKBENNER 5433 DUPONT AVE N $390.72 0111821330077 Cycle 6 20584 0059780002 HEATHER SMITH 6806 EMERSON AVE N $391.59 3611921220020 Cycle 2 20584 0005730005 BARBARA RUNDLES 6925 QUAIL AVE N $396.55 2811921440050 Cycle 1 20584 0090580004 JOSEPH PALM 6025 COLFAX AVE N $398.11 0111821210013 Cycle 4 20584 0055050004 DAVID BERG 6842 WEST RIVER RD $400.32 3611921120011 Cycle 2 20584 0022770006 EDGAR BARZALLO SOLIZ 6343 NOBLE AVE N $404.39 3311921410009 Cycle 3 20584 0087660009 DONNA M MARTIN 6006 HUMBOLDT AVE N $408.83 0111821220086 Cycle 4 20584 0060790701 JAMES LEDLUM 1613 67TH LN N $412.98 35119210053 Cycle 2 20584 0071200007 BEN DOSSMAN 5307 PENN AVE N $422.88 0211821340043 Cycle 6 20584 0011120008 LAMAR WALKER 7030 NEWTON AVE N $425.47 2611921430074 Cycle 2 20584 0033790006 JESSE WILLE 3312 63RD AVE N $436.37 3411921410015 Cycle 5 20584 0004670004 MARY NACHTWEY 6931 PERRY AVE N $438.15 2811921440005 Cycle 1 20584 0020420000 JEANNE THEIS 4906 65TH AVE N $439.57 3311921140036 Cycle 3 20584 0010430005 MICHAEL MCKINLEY 6936 EWING AVE N $450.00 2711921430028 Cycle 1 20584 0047560007 WARNER PROPERTIES LLC 5501 XERXES AVE N $456.66 0311821440033 Cycle 5 20584 0026420004 ALAN MILLER 6331 JUNE AVE N $457.41 3411921320062 Cycle 3 20584 0084480000 NICOLE HEIKKE 5309 EMERSON AVE N $457.82 0111821330120 Cycle 6 20584 0047720007 DEB OLSON 5615 HALIFAX AVE N $459.73 0311821310086 Cycle 5 20584 0020020108 OLUBUNMI FALADE 7234 HUMBOLDT AVE N $460.11 2511921320052 Cycle 2 20584 0091540007 ANDREW D HOUGH 5851 BRYANT AVE N $461.62 0111821240094 Cycle 4 20584 0050580005 CATHERINE M STELTEN 7112 DALLAS RD $463.41 2511921420060 Cycle 2 20584 0027150006 EVAN ANDERSON 3906 JANET LA $463.61 3411921340013 Cycle 3 20584 0099710008 DANA DAVIS 6413 DUPONT AVE N $469.49 3611921320017 Cycle 4 20584 0026250005 CALVIN LEE 6406 KYLE AVE N $469.64 3411921320101 Cycle 3 20584 0014760001 HEEYOON KIM 4714 WINGARD LA $470.87 2811921410207 Cycle 1 20584 0087900009 EMIL GUZIK 6106 GIRARD AVE N $471.23 3611921330012 Cycle 4 20584 0011710009 MARLENE BRUINS 3800 72ND AVE N $472.42 2711921420064 Cycle 1 20584 0029070004 WILLIAM SCHMIDT 4613 WINCHESTER LA $480.33 3411921230073 Cycle 3 20584 0011070005 MARK EDSON 7118 NEWTON AVE N $481.70 2611921420047 Cycle 2 20584 0011720008 JOHN OLSON 3806 72ND AVE N $483.02 2711921420063 Cycle 1 20584 0080500009 JOHN BUNCH 5630 BRYANT AVE N $489.50 0111821310096 Cycle 6 20584 0028220006 WILLIAM TAMBLYN 4201 65TH AVE N $490.69 3411921310032 Cycle 3 20584 0011280000 ALISHA FRANCZAK 6913 MORGAN AVE N $490.82 2611921430016 Cycle 2 20584 0058470001 MARCO RODRIGUEZ 6645 BRYANT AVE N $493.64 3611921240052 Cycle 2 20584 0069250006 ZUBER WYROBEK 3211 49TH AVE N $494.98 1011821410011 Cycle 6 20584 0070840001 DONN BURSETH 5324 LILAC DR N $495.02 0211821330016 Cycle 6 20584 0060790305 FLORENCE NCHOTLE 1601 68TH LN N $498.53 3511921110048 Cycle 2 20584 0013510001 KERI JORGES 7207 HALIFAX AVE N $498.59 2711921310069 Cycle 1 20584 0006372401 JOLENA HJULBERG 5411 PONDS DR $500.84 2811921420264 Cycle 1 20584 0029300005 SCOTT DEHNE 6530 INDIANA AVE N $504.44 3411921240023 Cycle 3 20584 0012740005 ESTEBAN MIRANDA 7212 GRIMES AVE N $510.00 2711921310011 Cycle 1 20584 0018660005 NICOLE D CHIVERS 6301 UNITY AVE N $510.34 3311921420105 Cycle 3 20584 0022690006 SYLVESTER BOBRAY 6443 NOBLE AVE N $512.77 3311921410001 Cycle 3 20584 0029170002 ANGELA CRASS 4401 WINCHESTER LA $515.94 3411921230055 Cycle 3 20584 0029470006 PETER VUE 4600 WINCHESTER LA $516.50 3411921230030 Cycle 3 20584 0041880005 SONYA POYSER 5904 HALIFAX PL $518.83 0311821210042 Cycle 5 20584 0083980000 STACIE WELLS 5415 DUPONT AVE N $519.09 0111821330080 Cycle 6 20584 0008390005 VERONICA AMAYA‐MENDEZ 3107 67TH AVE N $519.56 3411921140017 Cycle 1 20584 0080190009 RFC FIELDS, LLC 5630 COLFAX AVE N $521.42 0111821310012 Cycle 6 20584 0092940008 NEIL JACOBSON 6024 ALDRICH AVE N $521.84 0111821210073 Cycle 4 20584 0075810009 MAITHA SHAMMARI 5601 LOGAN AVE N $523.47 0211821420120 Cycle 6 20584 0044460003 JEROME MOOT 3600 ADMIRAL LA $526.24 0311821130044 Cycle 5 20584 0064560003 NATHAN GANGL 5012 EWING AVE N $528.18 1011821130052 Cycle 6 20584 0022620003 AMANDA MOORE 6406 ORCHARD AVE N $531.24 3311921410018 Cycle 3 20584 0064180000 LAURA WARNER 5132 DREW AVE N $531.30 1011821120050 Cycle 6 20584 0079330004 CHANDERWATTIE SUKNANAN 5501 EMERSON AVE 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6224 LEE AVE N $826.64 3411921330037 Cycle 3 20584 0021670000 SAMUEL WHITE 7207 EMERSON AVE N $827.75 2511921320080 Cycle 2 20584 0099750004 LUCAS CARPENTER 6337 DUPONT AVE N $827.82 3611921320002 Cycle 4 20584 0022950004 JON L HUDLOW 6431 MAJOR AVE N $828.80 3411921320019 Cycle 3 20584 0032500000 TIMUTI NEEPAY 3019 QUARLES RD $829.36 3411921410127 Cycle 5 20584 0089860003 WALTER HUMPHREY 5825 DUPONT AVE N $831.52 0111821230093 Cycle 4 20584 0093640003 MICHELLE NELSON 5926 CAMDEN AVE N $831.92 0111821120021 Cycle 4 20584 0029700006 LINDSEY COLEMAN 4207 66TH AVE N $832.10 3411921240033 Cycle 3 20584 0086630003 JEFFREY LEWIS 5732 KNOX AVE N $832.46 0211821140039 Cycle 4 20584 0093980003 NOUYING XIONG 6015 LYNDALE AVE N $833.63 0111821120032 Cycle 4 20584 0000350007 DESIREE WILKERSON 5318 68TH AVE N $833.68 3311921120056 Cycle 1 20584 0012410002 ABDALLA MOHAMED 7018 LOGAN AVE N $835.43 2611921440008 Cycle 2 20584 0043830008 JOHN NICKELL 6019 JUNE AVE N $838.71 0311821220008 Cycle 5 20584 0019810005 BRIAN MADDEN 5213 66TH AVE N $840.67 3311921130008 Cycle 3 20584 0014400001 RHONDA TROTTER 7236 KNOX AVE N $842.85 2611921410105 Cycle 2 20584 0013470008 CHAR GARDNER 4101 WOODBINE LA $844.40 2711921310065 Cycle 1 20584 0089170007 CHEETARAH 5807 EMERSON AVE N $845.17 0111821230075 Cycle 4 20584 0045140000 DAVE BRUNS 5600 HALIFAX AVE N $845.70 0311821310045 Cycle 5 20584 0000660009 STACY DAVIS 6712 TOLEDO AVE N $846.43 3311921120044 Cycle 1 20584 0035110203 ROLAND LIVINGSTONE 2906 66TH AVE N $846.97 3511921230008 Cycle 5 20584 0059690003 SCHYNAE MANWA 6831 DUPONT AVE N $847.17 3611921220004 Cycle 2 20584 0011080007 ERICK EDSTROM 3616 VIOLET AVE $847.52 2711921420122 Cycle 1 20584 0031180007 JANIS SALO 6543 BEARD AVE N $850.71 3411921130060 Cycle 3 20584 0004210306 BRIAN MASTIN 7110 QUAIL CIR E $851.24 2811921410191 Cycle 1 20584 0022190008 TUOQUELLIE G NIAGAWOE JR 7001 DUPONT AVE N $852.80 2511921330010 Cycle 2 20584 0059170006 JOSE RAMIREZ 6839 COLFAX AVE N $853.16 3611921210014 Cycle 2 20584 0055100007 TERRANCE MAGALIS 6724 WILLOW LA N $854.89 3611921120015 Cycle 2 20584 0012900200 PETER IMASUEN 1543 HUMBOLDT PL N $857.67 3511921110027 Cycle 2 20584 0092800004 PAUL SCULLY 5848 ALDRICH AVE N $858.01 0111821240072 Cycle 4 20584 0020580002 JASON SPRANDEL 7207 GIRARD AVE N $858.27 2511921320031 Cycle 2 20584 0043050003 SUZANNE BUSS 6001 HALIFAX PL $859.28 0311821210057 Cycle 5 20584 0016321406 BUILD BY DESIGN INC. 2841 67TH LN N $860.09 3511921230034 Cycle 1 20584 0018280002 LATISHA WALKER 6125 PERRY AVE N $860.65 3311921440044 Cycle 3 20584 0021250000 TROY BAKER 6333 REGENT AVE N $860.85 3311921420030 Cycle 3 20584 0000790004 KAREN EDEBURN 6801 SCOTT AVE N $860.95 3311921120072 Cycle 1 20584 0021620005 AGHARESE AGHAYEDO 7031 EMERSON AVE N $861.26 2511921330028 Cycle 2 20584 0006392508 COLLEEN PATRICK 5344 71ST CIR $862.58 2811921430173 Cycle 1 20584 0037620001 SHELLEY JOHNSON 2807 NASH RD $864.00 3511921330037 Cycle 5 20584 0013150006 STEPHEN SHOCKENCY 7000 HALIFAX AVE N $864.62 2711921340041 Cycle 1 20584 0021880004 BEVERLY KILLEBREW 5318 ELEANOR LA $864.98 3311921420079 Cycle 3 20584 0099390009 MICHELLE WHITLOCK 6418 FREMONT AVE N $868.05 3611921320031 Cycle 4 20584 0033030007 ANDREA MOY 3224 64TH AVE N $869.60 3411921410029 Cycle 5 20584 0035640001 PAMELA IDE 3312 LAWRENCE RD $870.49 3411921440089 Cycle 5 20584 0011000005 DAVID WYLIE 6943 PALMER LAKE DR W $872.11 2711921430093 Cycle 1 20584 0038840004 CALVIN MOSBY 5931 VINCENT AVE N $872.21 0211821220038 Cycle 5 20584 0012230007 TODD SCHOLL 7201 FRANCE AVE N $872.39 2711921310008 Cycle 1 20584 0013600007 JAMES KEATON 1618 AMY LA $876.99 2611921410053 Cycle 2 20584 0058230009 TROY KOUBSKY 6626 BRYANT AVE N $879.06 3611921240016 Cycle 2 20584 0026190003 RICHARD CHRISTOPHERSON 6318 KYLE AVE N $879.63 3411921320071 Cycle 3 20584 0092790007 LESA MANSON 5834 ALDRICH AVE N $880.02 0111821240108 Cycle 4 20584 0046840004 SCOTT C HUGHES 5348 NORTHPORT DR $880.31 0311821430042 Cycle 5 20584 0089680005 TIMOTHY RILEY 6047 DUPONT AVE N $883.51 0111821220030 Cycle 4 20584 0017200001 MAITLAND ACQUISITIONS LLC 6143 SCOTT AVE N $883.59 3311921430035 Cycle 3 20584 0028030009 ALEXANDER TOPAH 4207 63RD AVE N $884.40 3411921340114 Cycle 3 20584 0013390005 ERIC BAUMGART 1612 71ST AVE N $884.42 2611921410032 Cycle 2 20584 0027040009 EMILY C MORRIS 4212 JANET LA $887.36 3411921340002 Cycle 3 20584 0009490002 EUGENE SUGGS 6806 BEARD AVE N $889.69 3411921110038 Cycle 1 20584 0014450006 TOUTELEE MOUA 1612 WOODBINE LA $891.48 2611921410096 Cycle 2 20584 0036370004 FAYSAL OMAR 3206 MUMFORD RD $892.40 3411921440025 Cycle 5 20584 0011780009 JOYCE A JALLAH 7018 MORGAN AVE N $892.58 2611921430054 Cycle 2 20584 0030690006 ADEDAYO DAWODU 3601 66TH AVE N $894.40 3411921130034 Cycle 3 20584 0090060007 KIMBERLY LACHAPELLE 5808 DUPONT AVE N $894.89 0111821240026 Cycle 4 20584 0060090003 JOHN SOLOMON 6819 EMERSON AVE N $896.73 3611921220031 Cycle 2 20584 0021370006 CHRISTOPHER TURAN 5206 PAUL DR $900.19 3311921420038 Cycle 3 20584 0032510009 JEFFREY JOHNSON 3025 QUARLES RD $900.68 3411921140084 Cycle 5 20584 0025680004 OMAR SANNEH 4401 65TH AVE N $901.28 3411921320108 Cycle 3 20584 0006391203 JOHN A BREWER 5333 71ST CIR $903.06 2811921430162 Cycle 1 20584 0037790002 JOSIAH RASUGU 6223 BROOKLYN DR $903.13 3511921330052 Cycle 5 20584 0027230006 TAMMY LENOIR 3901 62ND AVE N $903.46 3411921340071 Cycle 3 20584 0036010006 CHRISTANYA WILLIAMS 3224 62ND AVE N $907.01 3411921440062 Cycle 5 20584 0089830006 ANGEL GABRIEL AGUILAR GUERRERO 5901 DUPONT AVE N $907.06 0111821220008 Cycle 4 20584 0060820003 ADOLPHUS HELB 6616 IRVING PL N $908.39 3511921110061 Cycle 2 20584 0026610000 AMBER ERVING 6113 JUNE AVE N $908.47 3411921330102 Cycle 3 20584 0024010005 JOSE ALVARADO 6224 MAJOR AVE N $908.66 3411921330059 Cycle 3 20584 0098900006 TODD DOONAN 6430 HUMBOLDT AVE N $908.99 3611921320044 Cycle 4 20584 0013010009 SANGBAN W NGAIMA 1801 70TH AVE N $909.73 2611921440024 Cycle 2 20584 0099860001 PATRICIA LENERS 6430 DUPONT AVE N $910.76 3611921310039 Cycle 4 20584 0060792004 DAOUDA TRORE 1612 68TH LN N $910.89 3511921110041 Cycle 2 20584 0019870009 JED RANCOUR 6524 UNITY AVE N $912.97 3311921130014 Cycle 3 20584 0020550004 GARY DAVIS 6407 PERRY AVE N $913.41 3311921410071 Cycle 3 20584 0009350008 LATESHIA R ROBERTS 6825 ZENITH AVE N $917.86 3411921110068 Cycle 1 20584 0032920000 WILLIAM HILL 3207 65TH AVE N $918.92 3411921410117 Cycle 5 20584 0032850009 LENG XIONG 3025 65TH AVE N $920.18 3411921410110 Cycle 5 20584 0006393100 FELICIA DAVIS 5420 71ST CIR $920.95 2811921420024 Cycle 1 20584 0016090001 DOMINIQUE DAVIS 4212 WOODBINE LA $923.19 2711921310085 Cycle 1 20584 0019440001 CHOU YANG 5231 HOWE LA $926.17 3311921130091 Cycle 3 20584 0060860100 OLUWAKEMI ALALE 4040 LAKESIDE AVE $929.27 1011821320001 Cycle 6 20584 0087240000 ADRIANA E CERON‐SANCHEZ 5806 IRVING AVE N $930.42 0211821140069 Cycle 4 20584 0042850007 ISABEL ORBE 5801 HALIFAX AVE N $930.84 0311821240104 Cycle 5 20584 0010180006 RACHEL GILBERT 7042 FRANCE AVE N $931.52 2711921430061 Cycle 1 20584 0021650001 JOHN WETTERHAHN 5007 65TH AVE N $931.76 3311921410104 Cycle 3 20584 0000700003 KIMBERLY SYKES 6736 TOLEDO AVE N $931.85 3311921120040 Cycle 1 20584 0014590002 DEWEY R LEDIN 7200 NOBLE AVE N $933.55 2711921320048 Cycle 1 20584 0024260006 ROMEO GONO 6207 LEE AVE N $933.95 3411921330051 Cycle 3 20584 0091780009 RENAE SAUTER 5728 BRYANT AVE N $934.39 0111821240045 Cycle 4 20584 0001830007 IA XIONG 6830 PERRY AVE N $934.99 3311921110031 Cycle 1 20584 0022500007 WILLIAM A HILL 6313 ORCHARD AVE N $939.51 3311921410044 Cycle 3 20584 0009810001 QIAO LI 6910 FRANCE AVE N $941.39 2711921430062 Cycle 1 20584 0017050000 JASON OIE 6213 UNITY AVE N $942.03 3311921430092 Cycle 3 20584 0093340000 INANG EFFIONG EKAH 6019 CAMDEN AVE N $943.44 0111821210066 Cycle 4 20584 0060180309 DATTREAS STEWART 1313 68TH LN N $948.25 3611921220064 Cycle 2 20584 0044500006 SHAWN M BROWN 5737 DREW AVE N $951.30 0311821130071 Cycle 5 20584 0014090000 SEIGONGHYR KORTI 7121 KNOX AVE N $952.81 2611921410010 Cycle 2 20584 0020610006 BILLY STALEY 6319 PERRY AVE N $955.03 3311921410077 Cycle 3 20584 0089800009 JUSTIN HOFSETH 5927 DUPONT AVE N $957.66 0111821220005 Cycle 4 20584 0040770009 NICHOLAS JONAS 5821 DREW AVE N $958.64 0311821130026 Cycle 5 20584 0032190000 EILEEN CURTIS 3101 66TH AVE N $961.25 3411921140056 Cycle 5 20584 0088410008 GREGORY COLEMAN 1400 57TH AVE N $964.27 0111821230007 Cycle 4 20584 0027600000 LUAH DAHN 4001 JOYCE LA $964.72 3411921340105 Cycle 3 20584 0027450000 NICHOLAS SCHAFER 4012 62ND AVE N $965.80 3411921340049 Cycle 3 20584 0025490008 JASON STANFORD 6230 LEE AVE N $970.01 3411921330036 Cycle 3 20584 0094050004 AI YANG 5935 LYNDALE AVE N $972.10 0111821120014 Cycle 4 20584 0026310007 SERENA XEE YANG 6442 KYLE AVE N $980.79 3411921320107 Cycle 3 20584 0088200003 EDWARD AUSTIN 5700 GIRARD AVE N $984.68 0111821230014 Cycle 4 20584 0039020002 LERNELL D JAMES 5836 WASHBURN AVE N $988.04 0211821230005 Cycle 5 20584 0027030000 OUTAY SOURIYAVONG 6126 JUNE AVE N $988.41 3411921340001 Cycle 3 20584 0009040005 MENIKA HORTON 3007 68TH AVE N $991.76 3411921110072 Cycle 1 20584 0021650002 DAVID FIEDLER 7049 EMERSON AVE N $994.59 2511921320088 Cycle 2 20584 0007440009 SANDRA ADAME CAMACHO ET AL 6806 FRANCE AVE N $994.92 3411921120069 Cycle 1 20584 0060172306 KEVIN P GUSTAFSON 6839 FREMONT PL N $996.58 3611921220101 Cycle 2 20584 0032220005 TINA KNUTH 3119 66TH AVE N $996.68 3411921140059 Cycle 5 20584 0089560009 RACHEL STINSON 6100 EMERSON AVE N $999.50 3611921330025 Cycle 4 20584 0022710003 LEE A WALKER 912 WOODBINE LA $999.93 2511921310021 Cycle 2 20584 0033120006 AIMEE COMBS 3100 64TH AVE N $1,001.48 3411921410020 Cycle 5 20584 0088220001 EDYTHE G POTTER 5712 GIRARD AVE N $1,003.76 0111821230016 Cycle 4 20584 0013210104 RICKIE HAYES 1511 71ST AVE N $1,008.27 2611921440059 Cycle 2 20584 0086920008 DANIELLE SAMUEL 5742 JAMES AVE N $1,016.25 0211821140064 Cycle 4 20584 0093360008 IMMANEUL NAH 6007 CAMDEN AVE N $1,018.14 0111821210068 Cycle 4 20584 0029350000 JAMES JACKSON JR 4224 WINCHESTER LA $1,027.62 3411921240037 Cycle 3 20584 0090050008 AMOS GUAR 5800 DUPONT AVE N $1,038.57 0111821240025 Cycle 4 20584 0032210006 BETTY KUPHAL 3113 66TH AVE N $1,039.90 3411921140058 Cycle 5 20584 0089950002 THURMAN V FOSTER 5715 DUPONT AVE N $1,040.86 0111821230023 Cycle 4 20584 0088850005 EDWIN TORRES 1100 62ND AVE N $1,049.52 3611921330015 Cycle 4 20584 0012640007 STACY BROWN 7100 GRIMES AVE N $1,050.18 2711921310057 Cycle 1 20584 0044440005 DORCAS N MATARA 5718 DREW AVE N $1,052.31 0311821130075 Cycle 5 20584 0041720003 DAVID N VAN HORN 3806 58TH AVE N $1,054.03 0311821240081 Cycle 5 20584 0089350104 TYRONE LEE 5900 EMERSON AVE N $1,054.81 0111821220009 Cycle 4 20584 0089790002 WILLIAM BACKEN 5935 DUPONT AVE N $1,056.59 0111821220004 Cycle 4 20584 0018060008 OLUBUNMI OLABIYI 6219 QUAIL AVE N $1,057.54 3311921440027 Cycle 3 20584 0090480007 BRYAN LALL 6201 COLFAX AVE N $1,062.39 3611921340069 Cycle 4 20584 0094020007 DANNY WILLIAMS 5951 LYNDALE AVE N $1,065.90 0111821120011 Cycle 4 20584 0093730002 LANA SWENSON 6024 CAMDEN AVE N $1,069.58 0111821120039 Cycle 4 20584 0090760002 TROY DAVIS 5817 COLFAX AVE N $1,069.98 0111821240022 Cycle 4 20584 0086810001 SANDRA FORBERG 5727 JAMES AVE N $1,085.81 0211821140035 Cycle 4 20584 0028780009 ANDREA JOHNSON 4306 65TH AVE N $1,101.31 3411921230065 Cycle 3 20584 0093600007 LANETTE LAWVER 625 59TH AVE N $1,103.59 0111821130042 Cycle 4 20584 0092090002 BILL KOLBE 6114 BRYANT AVE N $1,117.88 3611921340012 Cycle 4 20584 0092650003 NATASHA L GUNDERSEN 713 58TH AVE N $1,119.87 0111821240035 Cycle 4 20584 0089490009 JUSTIN DARGIS 6006 EMERSON AVE N $1,126.48 0111821220039 Cycle 4 20584 0013230003 OMAR ADAMS 7018 IRVING AVE N $1,134.51 2611921440056 Cycle 2 20584 0024000006 MICHAEL LUTZ 6218 MAJOR AVE N $1,141.89 3411921330060 Cycle 3 20584 0039130009 EVERRENE BONNICK 5949 WASHBURN AVE N $1,164.89 0211821220017 Cycle 5 20584 0033540005 NATHAN EAGLE 3101 OHENRY RD $1,167.24 3411921410084 Cycle 5 20584 0063900101 PET HOSPITAL 4902 FRANCE AVE N $1,199.29 1011821130069 Cycle 6 20584 0033650002 ALBERT D COOKE 3313 POE RD $1,206.24 3411921410069 Cycle 5 20584 0015260001 DELARNAS MCGHEE 7118 LEE AVE N $1,233.40 2711921320013 Cycle 1 20584 0087960003 ROMAN KAASA 6101 FREMONT AVE N $1,236.22 3611921330010 Cycle 4 20584 0006100000 PHILL SMOGER 6906 SCOTT AVE N $1,238.47 2811921430009 Cycle 1 20584 0091100000 JOHN CUMMINGS 6106 COLFAX AVE N $1,270.35 3611921340023 Cycle 4 20584 0090820004 TOUA VANG 921 58TH AVE N $1,278.65 0111821240051 Cycle 4 20584 0001360005 DARIUS GILES 6707 QUAIL AVE N $1,286.43 3311921110078 Cycle 1 20584 0039530000 DAWN SAUL 5936 YORK AVE N $1,297.10 0311821110126 Cycle 5 20584 0022650000 LUIS EDUARDO GONZALEZ 6424 ORCHARD AVE N $1,337.67 3311921410021 Cycle 3 20584 0079540008 LECESTER GLOVER 5642 EMERSON AVE N $1,407.23 0111821320017 Cycle 6 20584 0089040002 MARTIN MCDONAL 5951 EMERSON AVE N $1,411.29 0111821220017 Cycle 4 20584 0075170008 BERNADETTE ANDERSON 5603 JAMES AVE N $1,486.83 0211821410059 Cycle 6 20584 0029850009 MARISSA BARTHALOW 4406 66TH AVE N $1,502.53 3411921230108 Cycle 3 20584 0099160006 ANGELYN KWABO 6430 GIRARD AVE N $1,755.56 3611921320036 Cycle 4 20584 0058100004 KEOKHONMA PHOMSOUKHA 6817 BRYANT AVE N $2,813.17 3611921210031 Cycle 2 20584 0022900000 TIARRA TOLIVER 731 WOODBINE LA $3,299.66 2511921310075 Cycle 2 20584 0091270001 FRANCIS CROWLEY 6225 BRYANT AVE N $3,652.31 3611921340049 Cycle 4 20584 0035270106 BC AM LITTLE LEAGUE 6030 VINCENT AVE N $3,780.16 0211821220004 Cycle 5 20584 0086380005 FARNAZ TOUSSI 5800 LOGAN AVE N $3,787.47 0211821140025 Cycle 4 20584 0086410000 FARNAZ TOUSSI 5830 LOGAN AVE N $3,900.93 0211821140025 Cycle 4 20584 0005790009 DENA SPRAGGINS 6906 REGENT AVE N $4,239.83 2811921440067 Cycle 1 20584 0088420007 JAMES FUHRMANN 1208 57TH AVE N $4,843.27 0111821230020 Cycle 4 Total Accounts: 489 Total Balance $377,574.76 October 8, 2018 Review City Council Work Session, October 12, 2020 Mark Ebensteiner, Finance Director Special Assessment Public Hearing Delinquent Utilities Special Assessments Background •Minnesota State law allows cities to recover costs of certain types of services through special assessments to the property •The City incurs costs of providing public utilities, typically recovered through user charges. If these user charges remain unpaid, the costs may be assessed to the property. •Public hearing required.8, 2018 2 Delinquent Utility Process •Customer receives a regular utility bill (water/sanitary sewer/storm drainage/street light/recycling). •If utility bill is not paid, as of June 30, letter is sent to the customer notifying them the account is past due and amount will be certified against property taxes if not paid. Customers given the opportunity to pay outstanding bill prior to certification. •If utility bill continues to remain unpaid, a second letter is sent indicating account will be certified for collection with property taxes following a public hearing. This letter details the process and legal authority for certification. Customer that do no pay their account balances after receipt of this letter are included in the final assessment roll. •As of October 6, 2020, no formal appeals have been made to City staff. 3 Payment Options Once an assessment roll is adopted by the Council, the owner of each property has the following options: 1. The entire amount of the special assessment, without interest by could have been paid prior to October 9, 2020 2. After October 12, 2020 through November 20, 2020, the property owner may pay the total plus accumulated interest 3. Pay with taxes in 2021. The total principal and 15 months interest due in 2021 Partial prepayments (such as paying half now and certifying the balance) are not allowed under current assessment policy. 4 Summary •Unpaid Charges ‐ $377,575 • Last Year ‐ $515,544 • Decrease of 26.8% •Unpaid Accounts – 489 • Last Year – 730 • Decrease of 33.0% 5 Next Steps •Conduct public hearing for Delinquent Public Utility accounts •Customers may provide a basis for their appeal during the public hearing •If needed, City Council may direct staff to investigate further and public hearing will be continued for those properties •Staff will review cases and provide a report at the upcoming City Council meeting for review by City Council 6 C ouncil R egular M eeng DAT E:10/12/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :D oran Cote, D irector of P ublic Works BY:A ndrew H ogg, A ssistant City Engineer S U B J E C T:Res olu,on Vaca,ng A ll Eas ements within L ot 4, Block 5, Wangstad’s Brooklyn Terrace, H ennepin County, Minnes ota and Lot 1, Block 1, Pears on’s Northport 3rd A ddi,on, H ennepin County, Minnes ota B ackground: A public hearing is scheduled on O ctober 1 2 , 2020. The public hearing is to cons ider v aca,ng certain eas ements as refer enced above that ar e as s ociated with the 6000 triplex s ite redev elopment. The P lanning Commission has r ev iewed the final plat for Roberts on and B rekke’s Brookly n B oulev ar d F irst A ddi,on. I n connec,on with the final plat and eas ement dedica,on proceedings, the dev eloper is reques ,ng release and termina,on of eas ements that are either no longer needed or are being replaced by new easements or conflict with the propos ed pla?ng. T he easements propos ed to be releas ed and terminated are indicated in Exhibit C. A s part of the P ublic H earing and no,fica,on process, affected en,,es w ith interests in said exis,ng eas ements have been no,fied in accordance with City O rdinance and S tate S tatute. I t is s taff ’s opinion that the por,ons of the easements proposed to be vacated are no longer needed and should not nega,vely affect rights to public easements . We are unaware of any en,ty objec,ng to the proposed vaca,on. The aBached exhibits outline the release and ter mina,on of easements and s how the loca,ons of s aid exis,ng eas ements . T he City ABorney has r ev iewed the release and ter mina,on documents and concurs to the purpos e and form of the documents. S taff recommends that a presenta,on be provided to the C ity Council prior to holding the P ublic H earing. Following the pres enta,on, a P ublic H earing to consider vaca,ng the eas ements as refer enced above s hould be conducted to receive public comments. A res olu,on vaca,ng all eas ements w ithin Lot 4, Block 5, Wangstad’s Brookly n Terrace, H ennepin C ounty, M innesota and L ot 1, Block 1, Pears on’s Nor thport 3rd A ddi,on, H ennepin C ounty, M innes ota w ill be prov ided for C ity C ouncil cons idera,on upon clos ing of the P ublic H earing. I t s hould be noted that this res olu,on w ill only take effect upon the r eleas e and filing of the final plat of Robertson and Br ek ke’s Brookly n Boulevard F irst A ddi,on, execu,on and filing of associated and s eparate rededicated easements , and upon execu,on and filing the s ubdivis ion agreement for s aid associated development. B udget I ssues: There are no budget is s ues to consider. S trategic Priories and Values: Targeted Redevelopment AT TA C H M E N TS : D escrip,on U pload D ate Type Res olu,on 10/1/2020 Cover Memo C OT - Parcel 1 10/1/2020 Cover Memo C OT - Parcel 3 10/1/2020 Cover Memo C OT - Parcel 4 10/1/2020 Cover Memo 1 CITY OF BROOKLYN CENTER Notice is hereby given that an on-line public hearing will be held on the 12th day of October, 2020, at approximately 7:00 p.m. The Zoom meeting can be accessed electronically by https://zoom.us/meeting/tJMsf- GtqTstEtEmB9ACdz2OEheVhTQbaCeA/ics?icsToken=98tyKuCvrzMiH9OVtxGCRowEBY qgWe_wtmJaj7d4kT28IgNXeFHZE-pHBLpLIdrR or by calling 1-312-626-6799 Meeting ID: 97188570785 Passcode: 780519. As City Hall is currently closed due to the COVID-19 pandemic, we strongly encourage you to forward your comments and questions to the City Clerk at bsuciu@ci.brooklyn-center.mn.us or by phone at 763-569-3306. RESOLUTION NO. _________ A RESOLUTION VACATING CERTAIN EASEMENTS WITHIN LOT 4, BLOCK 5, WANGSTAD’S BROOKLYN TERRACE, HENNEPIN COUNTY, MINNESOTA AND LOT 1, BLOCK 1, PEARSON’S NORTHPORT 3RD ADDITION, HENNEPIN COUNTY, MINNESOTA WHEREAS, the Planning Commission has recommended approval for the plat entitled Robertson and Brekke’s Brooklyn Boulevard First Addition (the “Plat”) based on certain conditions as set forth in the City Council Resolution No. 2020-067 and Planning Commission Resolution No. 2020-005; and WHEREAS, the Plat includes certain real property situated in Hennepin County located at 6031 Brooklyn Blvd; 6037 Brooklyn Blvd; and 6045 Brooklyn Blvd all located within the City of Brooklyn Center and as legally described on the attached Exhibit A (the “Properties”); WHEREAS, certain public easements currently exist on the Properties which as a result of the Plat are either no longer needed, or are being replaced by new easements covering the Properties within the Plat; and WHEREAS, the specific easements proposed to be vacated are as legally described on the attached Exhibit B and as depicted on the attached Exhibit C (collectively the “Vacated Easements)”: WHEREAS, after due notice and public hearing, the City Council has determined that the Vacated Easements will be no longer needed once the Plat is recorded; and the vacation of the Vacated Easements is in the public interest; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 2 1. The City hereby declares that the Vacated Easements described in the attached Exhibit B and as depicted on the attached Exhibit C are hereby vacated. 2. The City Clerk is directed to prepare a Notice of Completion of Vacation Proceedings and to record it with the Hennepin County Recorder or Hennepin County Registrar of Titles, as appropriate; provided, that this resolution will only take effect upon the release and filing of the final plat of Robertson and Brekke’s Brooklyn Boulevard First Addition, execution and filing of associated and separate rededicated easements, and upon execution and filing the subdivision agreement for said associated development. Adopted this 12th day of October, 2020 __________________________________ Mayor ATTEST: _______________________________ City Clerk Date Published: September 24, 2020 Date Effective: October 12, 2020 A-1 Exhibit A Legal description of the Properties Parcel 1: Lot 1, except that part thereof which lies Northeasterly of a line run parallel with and distant 42 feet Southwesterly of the following described line: From a point on the South line of Section 34, Township 119 North, Range 21 West, distant 1741.08 feet West of the Southeast corner thereof, run Northwesterly at an angle of 68 degrees 01 minutes 52.3 seconds with said South section line for 432.38 feet to the point of beginning of the line to be described; thence run Southeasterly along the last described course for 100 feet; thence deflect to the right on a 2 degree 00 minutes curve (delta angle 17 degree 20 minutes 35.2 seconds) for 867.16 feet and there terminating. Block 1, Pearson's Northport 3rd Addition. Torrens Property Torrens Certificate No. 1392052. PID: 0311821120015 Parcel 3: That part of Lot 4, Block 5, lying South of a line drawn parallel with and distant 138 feet North of, measured at right angles to, the South line of said Lot 4, Wangstad's Brooklyn Terrace. Torrens Property Torrens Certificate No. 1483315. PID: 0311821120098 Parcel 4: That part of Lot 4, Block 5 lying North of a line drawn parallel with and distant 138 feet North of, measured at right angles to, the South line of said Lot 4, Wangstad's Brooklyn Terrace. Torrens Property Torrens Certificate No. 1483312. PID: 0311821120087 B-1 Exhibit B Legal description of the Vacated Easements Vacated Easement over Parcel 1: Lot 1, Block 1, Pearson's Northport Third Addition, according to the duly recorded plat thereof, situate in Hennepin County, Minnesota, except State Highway, which lies northeasterly of a line run parallel with and distant 46 feet southwesterly of the following described line: From a point on the south line of Section 34, Township 119 north, Range 21 west, distant 1741.08 feet west of the southeast corner thereof, run northwesterly at an angle of 68° 01' 52.3" with said south section line for 432.38 feet to the point of beginning of the line to be described; thence run southeasterly along the last described course for 100 feet; thence deflect to the right on a 2° 00 curve (delta angle 17° 20' 35.2") for 867.16 feet and there terminating. Vacated Easement over Parcel 3: The south 138 feet of Lot 4, Block 5, Wangstad's Brooklyn Terrace Addition, according to the title of record, Office of the Registrar of Titles, Hennepin county, Minnesota, which lies within a distance of 10 feet southwesterly of the southwesterly boundary of State Highway No. 152 as now located and traveled. Vacated Easement over Parcel 4: That part of Lot 4, Block 5, Wangstad's Brooklyn Terrace Addition; lying north of a line drawn parallel with and 138 feet north of as measured at right angles to the south line of said Lot 4, according to the duly recorded plat thereof, office of the Registrar of Titles, Hennepin county, Minnesota, which lies within a distance of 5 feet southwesterly of the southwesterly boundary of State Highway No. 152 as now traveled and located. C-1 Exhibit C Depiction of the Vacated Easements Transfer from:1323697 Certificate Number: 1392052 Originally registered April 22, 1955 Volume: 764, Certificate No: 232063, District Court No: 12294 }s.s.Registration Subject to restrictions created by the record found in Book 2034 of Deeds, page 506; Subject to drainage, emergency water and utility easements as described in the plat; Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota statutes chapter 508, namely: 1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot require to appear of record; 2. Any real property tax or special assessment; 3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease; 4. All rights in public highways upon the land; 5. Such right of appeal or right to appear and contest the application as is allowed by law; 6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title; 7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17. Memorials Document Number Document Type Date of Filing Month Day, Year Time Amount Running in Favor Of T459044 Order of Court May 5, 1955 8:00 AM Directing that Judicial Landmark be shown as placed at the Northeast corner of said lot T1062481 Easement Feb 22, 1973 10:55 AM City of Brooklyn Center. Granting an easement for sidewalk purposes over pt of above land (See Inst) T1809325 Mortgage Mar 4, 1987 9:00 AM $58,750.00 Residential Financial Corp (a NJ corp) 1445 Valley Road, Wayne, NJ Created by Document Number:5196899 Certificate of Title State of Minnesota County of Hennepin This is to certify that Economic Development Authority of Brooklyn Center, Minnesota, whose address is 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430; is now the owner of an estate in fee simple In the following described land situated in the County of Hennepin and State of Minnesota: Lot 1, except that part thereof which lies Northeasterly of a line run parallel with and distant 42 feet Southwesterly of the following described line: From a point on the South line of Section 34, Township 119 North, Range 21 West, distant 1741.08 feet West of the Southeast corner thereof, run Northwesterly at an angle of 68 degrees 01 minutes 52.3 seconds with said South section line for 432.38 feet to the point of beginning of the line to be described; thence run Southeasterly along the last described course for 100 feet; thence deflect to the right on a 2 degree 00 minutes curve (delta angle 17 degree 20 minutes 35.2 seconds) for 867.16 feet and there terminating. Block 1, Pearson's Northport 3rd Addition. Page 1 of 2Certificate Number: 1392052 This is a non-certified copy Martin McCormick Registrar of Titles, In and for the County of Hennepin and State of Minnesota. In Witness Whereof, I have hereunto subscribed my name and affixed the seal of my office this 2nd day of September, 2014. Indexes Verified through 8/11/2020 Page 2 of 2Certificate Number: 1392052 This is a non-certified copy Transfer from:1325024 Certificate Number: 1483315 Originally registered May 17, 1955 Volume: 769, Certificate No: 233667, District Court No: 12479 }s.s.Registration Part of the boundaries of the above plat have been determined and Judicial Landmarks have been set, all pursuant to Torrens Case No 8655; Subject to utility easements as shown on the plat; Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota statutes chapter 508, namely: 1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot require to appear of record; 2. Any real property tax or special assessment; 3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease; 4. All rights in public highways upon the land; 5. Such right of appeal or right to appear and contest the application, petition, or other proceeding affecting the title, as is allowed by law; 6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title; 7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17. Memorials Document Number Document Type Date of Filing Month Day, Year Time Amount Running in Favor Of T625441 Declaration May 4, 1960 12:00 PM Creating restrictions & conditions & covenants (See Inst) T661790 Agreement Jul 5, 1961 12:00 PM Between Homedale Builders, Inc., Fred William Ames & Ben Holmes & Carol J. Holmes, hus & wf. Amending set-back requirement as contained in Doc No. 625441 (See Inst) T662452 Order of Court Jul 12, 1961 11:15 AM Directing that the setback provision contained in Doc No. 625441 has been modified by agreement contained in Doc No. 661790. T692814 Agreement Jun 4, 1962 3:10 PM Between Homedale Builders, Inc. & Ben Holmes & Carol J. Holmes, hus & wf. Amending Par 5 in Doc No. 625441 (See Inst) T914924 Final Certificate Jul 17, 1968 2:00 PM State of Minnesota: Acquiring certain easements and rights for trunk highway purposes over part of above land. Parcel 25 Created by Document Number:5609800 Certificate of Title State of Minnesota County of Hennepin This is to certify that Economic Development Authority of Brooklyn Center, Minnesota, a MN public body corporate and politic, whose address is 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55429; is now the owner of an estate in fee simple In the following described land situated in the County of Hennepin and State of Minnesota: That part of Lot 4, Block 5, lying South of a line drawn parallel with and distant 138 feet North of, measured at right angles to, the South line of said Lot 4, Wangstad's Brooklyn Terrace Page 1 of 2Certificate Number: 1483315 This is a non-certified copy Memorials Document Number Document Type Date of Filing Month Day, Year Time Amount Running in Favor Of T1032875 Easement Jun 2, 1972 11:10 AM City of Brooklyn Center. Granting an easement for sidewalk purposes &c over pt of above land. (See Inst) T1484376 Amendment Oct 7, 1982 10:00 AM State of Minnesota. For highway purposes Parcel No. 35. Amending Doc No. 914924. T2035836 Quit Claim Deed Aug 29, 1989 10:00 AM County of Hennepin from State of Minnesota for highway purposes Land in Doc No. 1484376. T5609799 Memorial Plat May 2, 2019 9:00 AM Regarding location of judicial landmarks. Martin McCormick Registrar of Titles, In and for the County of Hennepin and State of Minnesota. In Witness Whereof, I have hereunto subscribed my name and affixed the seal of my office this 2nd day of May, 2019. Indexes Verified through 8/11/2020 Page 2 of 2Certificate Number: 1483315 This is a non-certified copy Transfer from:1314308 Certificate Number: 1483312 Originally registered May 17, 1955 Volume: 769, Certificate No: 233667, District Court No: 12479 }s.s.Registration Part of the boundaries of the above plat have been determined and Judicial Landmarks have been set, all pursuant to Torrens Case No 8655; Subject to utility easements as shown on plat; Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota statutes chapter 508, namely: 1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot require to appear of record; 2. Any real property tax or special assessment; 3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease; 4. All rights in public highways upon the land; 5. Such right of appeal or right to appear and contest the application, petition, or other proceeding affecting the title, as is allowed by law; 6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title; 7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17. Memorials Document Number Document Type Date of Filing Month Day, Year Time Amount Running in Favor Of T914924 Final Certificate Jul 17, 1968 2:00 PM State of Minnesota. For highway purposes Parcel No 36 T1060420 Easement Jan 26, 1973 3:30 PM City of Brooklyn Center. Granting an easement for sidewalk purposes over pt of above land (See Inst) T2035836 Quit Claim Deed Aug 29, 1989 10:00 AM County of Hennepin from State of Minnesota for highway purposes. Land in Doc No 1484376 T5609799 Memorial Plat May 2, 2019 9:00 AM Regarding location of judicial landmarks. Created by Document Number:5609800 Certificate of Title State of Minnesota County of Hennepin This is to certify that Economic Development Authority of Brooklyn Center Minnesota a Minnesota body corporation and politic, whose address is 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430 is now the owner of an estate in fee simple In the following described land situated in the County of Hennepin and State of Minnesota: That part of Lot 4, Block 5 lying North of a line drawn parallel with and distant 138 feet North of, measured at right angles to, the South line of said Lot 4, Wangstad's Brooklyn Terrace Page 1 of 2Certificate Number: 1483312 This is a non-certified copy Martin McCormick Registrar of Titles, In and for the County of Hennepin and State of Minnesota. In Witness Whereof, I have hereunto subscribed my name and affixed the seal of my office this 2nd day of May, 2019. Indexes Verified through 8/11/2020 Page 2 of 2Certificate Number: 1483312 This is a non-certified copy C ouncil R egular M eeng DAT E:10/12/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :D oran Cote, D irector of P ublic Works BY:A ndrew H ogg, A ssistant City Engineer S U B J E C T:Res olu,on Vaca,ng A ll Eas ements W ithin L ot 1, Block 1, S uns et M anor, H ennepin County, M innesota A nd Lot 3, Block 1, S unset Manor, H ennepin C ounty, M innesota B ackground: A public hearing is scheduled on O ctober 1 2 , 2020. The public hearing is to cons ider v aca,ng certain eas ements as refer enced above that ar e as s ociated with the 6900 triplex s ite redev elopment. The P lanning Commission has review ed the final plat for Robertson and Br ek ke’s Br ookly n Boulevard S econd A ddi,on. I n connec,on with the final plat and eas ement dedica,on proceedings, the dev eloper is reques ,ng release and termina,on of eas ements that ar e either no longer needed or are being replaced by new easements . The follow ing easements are propos ed to be releas ed and terminated as indicated in Exhibit C. A s part of the P ublic H earing and no,fica,on process, affected en,,es w ith interests in said exis,ng eas ements have been no,fied in accordance with City O rdinance and S tate S tatute. I t is s taff ’s opinion that the por,ons of the easements proposed to be vacated are no longer needed and should not nega,vely affect rights to public easements . We are unaware of any en,ty objec,ng to the proposed vaca,on. The a>ached exhibits outline the release and ter mina,on of easements and s how the loca,ons of s aid exis,ng eas ements . T he City A>orney has r ev iewed the release and ter mina,on documents and concurs to the purpos e and form of the documents. S taff recommends that a presenta,on be provided to the C ity Council prior to holding the P ublic H earing. Following the pres enta,on, a P ublic H earing to consider vaca,ng the eas ements as refer enced above s hould be conducted to receive public comments. A res olu,on vaca,ng all eas ements w ithin Lot 1, Block 1, S uns et Manor, H ennepin C ounty, M innesota and L ot 3, B lock 1, S unset M anor, H ennepin C ounty, Minnes ota is prov ided for City C ouncil cons idera,on upon clos ing of the P ublic H earing. I t s hould be noted that this res olu,on w ill only take effect upon the releas e and filing of the final plat of Roberts on and Brekke’s Brooklyn Boulevard F irs t A ddi,on, execu,on and filing of as s ociated and separate rededicated easements , and upon execu,on and filing the subdivis ion agreement for s aid as s ociated development. B udget I ssues: There are no budget is s ues to consider. S trategic Priories and Values: Targeted Redevelopment AT TA C H M E N TS : D escrip,on U pload D ate Type Res olu,on 10/1/2020 Cover Memo C OT - Parcel 5 10/1/2020 Cover Memo C OT - Parcel 7 10/1/2020 Cover Memo 1 CITY OF BROOKLYN CENTER Notice is hereby given that an on-line public hearing will be held on the 12th day of October, 2020, at approximately 7:00 p.m. The Zoom meeting can be accessed electronically by https://zoom.us/meeting/tJMsf- GtqTstEtEmB9ACdz2OEheVhTQbaCeA/ics?icsToken=98tyKuCvrzMiH9OVtxGCRowEBYqgW e_wtmJaj7d4kT28IgNXeFHZE-pHBLpLIdrR or by calling 1-312-626-6799 Meeting ID: 97188570785 Passcode: 780519. As City Hall is currently closed due to the COVID-19 pandemic, we strongly encourage you to forward your comments and questions to the City Clerk at bsuciu@ci.brooklyn-center.mn.us or by phone at 763-569-3306. RESOLUTION NO. _________ A RESOLUTION VACATING CERTAIN EASEMENTS WITHIN LOT 1, BLOCK 1, SUNSET MANOR, HENNEPIN COUNTY, MINNESOTA AND LOT 3, BLOCK 1, SUNSET MANOR, HENNEPIN COUNTY, MINNESOTA. WHEREAS, the Planning Commission has recommended approval for the plat entitled Robertson and Brekke’s Brooklyn Boulevard Second Addition (the “Plat”) based on certain conditions as set forth in the City Council Resolution No. 2020-067 and Planning Commission Resolution No. 2020-005; and WHEREAS, the Plat includes certain real property situated in Hennepin County located at 6927 Brooklyn Blvd and 6939 Brooklyn Blvd all located within the City of Brooklyn Center and as legally described on the attached Exhibit A (the “Properties”); WHEREAS, certain public easements currently exist on the Properties which as a result of the Plat are either no longer needed, or are being replaced by new easements covering the Properties within the Plat; and WHEREAS, the specific easements proposed to be vacated are as legally described on the attached Exhibit B and as depicted on the attached Exhibit C (collectively the “Vacated Easements)”: WHEREAS, after due notice and public hearing, the City Council has determined that the Vacated Easements will be no longer needed once the Plat is recorded; and the vacation of the Vacated Easements is in the public interest; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City hereby declares that the Vacated Easements described in the attached Exhibit B and as depicted on the attached Exhibit C are hereby vacated. 2 2. The City Clerk is directed to prepare a Notice of Completion of Vacation Proceedings and to record it with the Hennepin County Recorder or Hennepin County Registrar of Titles, as appropriate; provided, that this resolution will only take effect upon the release and filing of the final plat of Robertson and Brekke’s Brooklyn Boulevard Second Addition, execution and filing of associated and separate rededicated easements, and upon execution and filing the subdivision agreement for said associated development. Adopted this 12th day of October, 2020 __________________________________ Mayor ATTEST: _______________________________ City Clerk Date Published: September 24, 2020 Date Effective: October 12, 2020 A-1 Exhibit A Legal description of the Properties Parcel 5: All that part of Lot 1, which lies Southwesterly of a line run parallel with and distant 42 feet Southwesterly of the following described line: Beginning at a point on the South line of Section 27, Township 119, Range 21, distant 1607.8 feet West of the South Quarter corner thereof; thence run Northwesterly at an angle of 53 degrees 20 seconds 37.5 minutes with said South Section line for 1000 feet and there terminating, Block 1, Sunset Manor. Torrens Property Torrens Certificate No. 1427277. PID: 2711921330011 Parcel 7: Lot 3, Block 1, Sunset Manor. Torrens Property Torrens Certificate No. 1377906. PID: 2711921330013 B-1 Exhibit B Legal description of the Vacated Easements Vacated Easement over Parcel 5: All that part of the following described lot: Lot 1, Block 1, Sunset Manor, according to the duly recorded plat thereof, situate in Hennepin County, Minnesota, the title thereto being registered and evidenced by Certificate of Title No. 332416, except State Highway, which lies northeasterly of a line run parallel with and distant 46 feet southwesterly of the following described line: Beginning at a point on the south line of section 27, township 119 north, range 21 west, distant 1607.8 feet west of the south quarter corner thereof; thence run north westerly at an angle of 53° 20’ 37.5" with said south section line for 1000 feet and there terminating. Vacated Easement over Parcel 7: All that part of the following described lot: Lot 3, Block 1, Sunset Manor, according to the duly recorded plat thereof, situate in Hennepin County, Minnesota, except State Highway; which lies northeasterly of a line run parallel with and distant 46 feet southwesterly of the following described line: Beginning at a point on the south line of section 27, township 119 north, range 21 west, distant 1607.8 feet west of the south quarter corner thereof; thence run northwesterly at an angle of 53° 20' 37.5" with said south section line for 800 feet and there terminating. C-1 Exhibit C Depiction of the Vacated Easements Transfer from:1098511 Certificate Number: 1427277 Originally registered February 14, 1948 Volume: 414, Certificate No: 127088, District Court No: 8650 }s.s.Registration Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota statutes chapter 508, namely: 1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot require to appear of record; 2. Any real property tax or special assessment; 3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease; 4. All rights in public highways upon the land; 5. Such right of appeal or right to appear and contest the application as is allowed by law; 6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title; 7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17. Memorials Document Number Document Type Date of Filing Month Day, Year Time Amount Running in Favor Of T1032893 Easement Jun 2, 1972 11:10 AM City of Brooklyn Center (a MN municipal corp) Granting an easement for sidewalk purposes &c over pt of above land. (See Inst) T3655001 Mortgage Jan 2, 2003 11:00 AM $131,750.00 Mortgage Electronic Registration Systems, Inc. (a DE corp) P.O. Box 2026, City of Flint, State of Michigan T4782351 Amendment of Mortgage Aug 26, 2010 10:00 AM Between Jacob L Yanish and Mortgage Electronic Registration Systems, Inc. Amending Mortgage document no(s) 3655001 (See Inst) T5368614 Satisfaction of Mortgage Jul 29, 2016 4:11 PM Satisfies Mortgage document no(s) 3655001 Created by Document Number:5363941 Certificate of Title State of Minnesota County of Hennepin This is to certify that Economic Development Authority of Brooklyn Center, Minnesota, a Minnesota public body coporate and politic, whose address is 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430-2113; is now the owner of an estate in fee simple In the following described land situated in the County of Hennepin and State of Minnesota: All that part of Lot 1, which lies Southwesterly of a line run parallel with and distant 42 feet Southwesterly of the following described line: Beginning at a point on the South line of Section 27, Township 119, Range 21, distant 1607.8 feet West of the South Quarter corner thereof; thence run Northwesterly at an angle of 53 degrees 20 seconds 37.5 minutes with said South Section line for 1000 feet and there terminating, Block 1, Sunset Manor. Page 1 of 2Certificate Number: 1427277 This is a non-certified copy Martin McCormick Registrar of Titles, In and for the County of Hennepin and State of Minnesota. In Witness Whereof, I have hereunto subscribed my name and affixed the seal of my office this 20th day of July, 2016. Indexes Verified through 8/11/2020 Page 2 of 2Certificate Number: 1427277 This is a non-certified copy Transfer from:1106815 Certificate Number: 1377906 Originally registered February 14, 1948 Volume: 414, Certificate No: 127088, District Court No: 8650 }s.s.Registration Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota statutes chapter 508, namely: 1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot require to appear of record; 2. Any real property tax or special assessment; 3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease; 4. All rights in public highways upon the land; 5. Such right of appeal or right to appear and contest the application as is allowed by law; 6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title; 7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17. Memorials Document Number Document Type Date of Filing Month Day, Year Time Amount Running in Favor Of T934384 Final Certificate Jan 30, 1969 12:05 PM State of Minnesota. For trunk highway purposes. (See Inst) Parcel No. 87 T1032900 Easement Jun 2, 1972 11:10 AM City of Brooklyn Center. Granting an easement for sidewalk purposes over pt of above land. (See Inst) T2035836 Quit Claim Deed Aug 29, 1989 10:00 AM County of Hennepin from State of Minnesota for highway purposes. Land in Doc. No. 934384 Martin McCormick Registrar of Titles, In and for the County of Hennepin and State of Minnesota. In Witness Whereof, I have hereunto subscribed my name and affixed the seal of my office this 5th day of November, 2013. Indexes Verified through 8/11/2020 Created by Document Number:5130269 Certificate of Title State of Minnesota County of Hennepin This is to certify that Economic Development Authority of Brooklyn Center, whose address is 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430; is now the owner of an estate in fee simple In the following described land situated in the County of Hennepin and State of Minnesota: Lot 3, Block 1, Sunset Manor. Page 1 of 1Certificate Number: 1377906 This is a non-certified copy C ouncil R egular M eeng DAT E:10/12/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :D oran Cote, D irector of P ublic Works BY:A ndrew H ogg, A ssistant City Engineer S U B J E C T:Res olu,on Vaca,ng A ll Eas ements W ithin L ot 1 & 2, Block 1, Panayotoff A ddi,on, H ennepin County, Minnes ota B ackground: A public hearing is scheduled on O ctober 1 2 , 2022. The public hearing is to cons ider v aca,ng certain eas ements as refer enced above that are as s ociated with the Nompeng r eplat. The P lanning C ommis s ion has review ed the final plat for Nompeng A ddi,on. I n connec,on w ith the final plat and easement dedica,on proceedings , the dev eloper is r eques ,ng release and termina,on of eas ements that are either no longer needed or are being r eplaced by new eas ements . T he eas ements are propos ed to be releas ed and terminated as indicated in Exhibit C. A s part of the P ublic H earing and no,fica,on process, affected en,,es w ith interests in said exis,ng eas ements have been no,fied in accordance with City O rdinance and S tate S tatute. I t is s taff ’s opinion that the por,ons of the easements proposed to be vacated are no longer needed and should not nega,vely affect rights to public easements . We are unaware of any en,ty objec,ng to the proposed vaca,on. The a=ached exhibits outline the release and ter mina,on of easements and s how the loca,ons of s aid exis,ng eas ements . T he City A=orney has r ev iewed the release and ter mina,on documents and concurs to the purpos e and form of the documents. S taff recommends that a presenta,on be provided to the C ity Council prior to holding the P ublic H earing. Following the pres enta,on, a P ublic H earing to consider vaca,ng the eas ements as refer enced above s hould be conducted to receiv e public comments . A res olu,on vaca,ng all easements w ithin Lot 1 and 2, Block 1 , Panayotoff A ddi,on, H ennepin C ounty, M innesota is provided for City C ouncil cons idera,on upon clos ing of the P ublic H earing. I t s hould be noted that this res olu,on w ill only take effect upon the releas e and filing of the final plat of N ompeng A ddi,on, execu,on and filing of as s ociated and separate rededicated eas ements, and upon execu,on and filing the subdivis ion agreement for s aid as s ociated development. B udget I ssues: There are no budget is s ues to consider. S trategic Priories and Values: Targeted Redevelopment AT TA C H M E N TS : D escrip,on U pload D ate Type Res olu,on 10/5/2020 Cover Memo Exhibit C 10/5/2020 Cover Memo 1 CITY OF BROOKLYN CENTER Notice is hereby given that an on-line public hearing will be held on the 12th day of October, 2020, at approximately 7:00 p.m. The WebEx meeting can be accessed electronically by https://logis.webex.com/logis/j.php?MTID=m4e2521c99a845acbd144c753f56caf69 or by calling 1- 312-535-8110 Access Code: 133 791 1584 As City Hall is currently closed due to the COVID-19 pandemic, we strongly encourage you to forward your comments and questions to the City Clerk at bsuciu@ci.brooklyn-center.mn.us or by phone at 763-569-3306. RESOLUTION NO. _________ A RESOLUTION VACATING CERTAIN EASEMENTS WITHIN LOT 1 & 2, BLOCK 1, PANAYOTOFF ADDITION, HENNEPIN COUNTY, MINNESOTA. WHEREAS, the Planning Commission has recommended approval for the plat entitled Nompeng Addition (the “Plat”) based on certain conditions as set forth in the Planning Commission Resolution No. 2020-020; and WHEREAS, the Plat includes certain real property situated in Hennepin County located at 4701 63rd Ave N and 6225 Noble Ave N all located within the City of Brooklyn Center and as legally described on the attached Exhibit A (the “Properties”); WHEREAS, certain public easements currently exist on the Properties which as a result of the Plat are either no longer needed, or are being replaced by new easements covering the Properties within the Plat; and WHEREAS, the specific easements proposed to be vacated are as legally described on the attached Exhibit B and as depicted on the attached Exhibit C (collectively the “Vacated Easements)”: WHEREAS, after due notice and public hearing, the City Council has determined that the Vacated Easements will be no longer needed once the Plat is recorded; and the vacation of the Vacated Easements is in the public interest; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City hereby declares that the Vacated Easements described in the attached Exhibit B and as depicted on the attached Exhibit C are hereby vacated. 2. The City Clerk is directed to prepare a Notice of Completion of Vacation Proceedings and to record it with the Hennepin County Recorder; provided, that this resolution will only take effect upon the release and filing of the final plat of Nompeng Addition, execution and filing of associated and separate rededicated 2 easements, and upon execution and filing of the subdivision agreement for said associated development. Adopted this 12th day of October, 2020 __________________________________ Mayor ATTEST: _______________________________ City Clerk Date Published: September 24, 2020 Date Effective: October 12, 2020 A-1 Exhibit A Legal description of the Properties LOTS 1 & 2, BLOCK 1, PANAYOTOFF ADDITION, HENNEPIN COUNTY, MINNESOTA. B-1 Exhibit B Legal description of the Vacated Easements All utility and drainage easements dedicated in the plat of PANAYOTOFF ADDITION C-1 Exhibit C Depiction of the Vacated Easements C ouncil R egular M eeng DAT E:10/12/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:C ornelius Boganey, C ity M anager S U B J E C T:C ons idera'on of H ospitality A ccommoda'on L icense Renew al Request for Radis s on Brooklyn C enter B ackground: The Radisson Brooklyn C enter (“H otel”) has applied to the C ity to renew its H ospitality A ccommoda'on Licens e (“L icense”). Becaus e the H otel has been opera'ng w ithout a licens e for s everal months , and has had several other viola'ons as s ociated w ith its Licens e, the issue of w hether to renew the licens e is pres ented to the C ity C ouncil for discussion and direc'on to C ity staff on to prepare a resolu'on to either non-renew the Licens e, or to renew it w ith condi'ons. The H otel was no'fied the C ity C ouncil w ill conduct a hearing at is O ctober 12, 2020 mee'ng on the renew al of the Licens e and that it would be given an opportunity to be heard regarding the ma:er. I t is unlaw ful to operate a hospitality accommoda'on (hotel or motel) in the C ity without a Licens e. Renew al applica'ons are to be s ubmi:ed to the C ity each year by A pril 1s t and a L icense must be obtained by M ay 1s t. D espite contact by the C ity, the H otel did not s ubmit its renew al applica'on un'l S eptember 1s t. The City has als o been in touch w ith the H otel on several occasions regarding its failure to pay its lodging tax since March 2020 and its failure to pay more than $50,000 in past due u'lity bills ow ed to the City. More specific informa'on regarding the viola'ons are set out in the S eptember 25, 2020 le:er (“Le:er ”) the City s ent to the H otel iden'fying the viola'ons and providing no'ce of the hearing. The H otel has recently been working to correct the iden'fied viola'ons . H ow ever, as noted in the Le:er, the occurrence and con'nuance of the viola'ons for several months cons'tute sufficient grounds under S ec'on 23-2413 of the C ity C ode to not renew the L icense. The C ity is als o aware the H otel is being used to hous e the homeless since approximately the end of May through a M innesota D epartment of H ealth program. The homeless services are being provided through S econd C hance (“S ervice P rovider ”). The H otel made up to 174 of its rooms available to the S ervice P rovider and the C ity understands that approximately 100 homeles s pers ons w ere housed at the H otel at one point. That number has since fallen to approximately 31. A s is noted in the Le:er, the City experienced a s harp increase in police calls to the H otel over that period. A ddi'onally, the H otel’s rooms w ere not constructed to serve as long-term res idences and the opera'on of a homeles s s helter on the property violates the City ’s zoning code and the P U D under w hich the H otel operates . H ow ever, the City Council has indicated a willingness to temporarily provide s ome regulatory flexibility to allow busines s es to respond to the effects of the pandemic. I n this cas e, if the C ity C ouncil is w illing to renew the L icense, it could agree to grant such flexibility to allow the homeles s s helter use to temporarily con'nue despite its noncompliance with C ity regula'ons . The C ity C ouncil is being asked to dis cus s this ma:er and to provide direc'on to C ity staff to prepare a res olu'on reflec'ng the C ity C ouncil’s cons ensus on whether to renew the Licens e. The reques ted res olu'on would then be brought back at the next mee'ng for ac'on by the City Council. W hile there are pos s ible varia'ons on the available op'ons, the two primary op'ons for the C ity C ouncil to cons ider are to: (1) non-renew the Licens e; or (2) renew the L icense w ith condi'ons. Either ac'on w ill require ac'on by res olu'on, thus the reques t for direc'on. I f the City Council is inclined to renew the Licens e, City s taff have prepared the following Licens e condi'ons for the City Council’s considera'on. 1. H omeless S helter O pera'ons . The hos pitality accommoda'on may con'nue to be used for the hous ing of the homeless purs uant to the s tate’s program and managed by a service provider, s ubject to compliance with the follow ing and the other condi'ons imposed on this Licens e: a. The homeless shelter us e mus t ceas e within 60 days of the end of the G overnor ’s declara'on of a peace'me emergency related to the C O V I D -19 pandemic; and b. No more than 35 lodging units (guest rooms) in the hos pitality accommoda'on may be used as part of the homeless shelter us e; and c. The applicant shall not allow the expans ion of the homeles s s helter use, including any related on-site s ervices , beyond the level exis 'ng as of the date of this license renewal, without firs t obtaining all zoning approvals required to allow the expanded use. 2. Regular I ns pec'ons . The applicant s hall allow City ’s inspectors to inspect the hospitality accommoda'ons, including the lodging units , and the hospitality accommoda'on property at least every other w eek, but more oMen if the C ity determines more frequent ins pec'ons are needed for the s afety of the guests. 3. Regular M ee'ngs . The applicant s hall des ignate at leas t one staff member to meet with C ity staff at leas t once every tw o w eeks to discuss health, public s afety, and any other City concerns related to the opera'on of the hospitality accommoda'on, including the homeles s s helter use. A representa've of the s ervice provider s hall als o be required to a:end thes e mee'ngs . The City may require more frequent mee'ngs if it deems neces s ary. 4. Register Vehicles and Tow. The applicant shall require thos e parking on the hos pitality accommoda'on property to register their vehicles w ith the hospitality accommoda'on. The applicant s hall enter into a contract w ith a towing company to conduct a s w eep at least once every day to tow unregis tered vehicles from the hospitality accommoda'on property. The applicant shall pos t s uch s igns of the requirement to register vehicles and related towing informa'on as it determines is appropriate. 5. S ervice P rovider. The applicant s hall immediately no'fy the City if there is a change in service provider related to the homeles s s helter use. The no'ce s hall include the name and contact informa'on for the new s ervice provider. 6. L icense L evel. B ecause the homeless shelter use is a recent and temporary use of the hospitality accommoda'on, this license is being renewed as a L evel I hospitality accommoda'on license. However, the calls for service occurring during the 2020 calendar year may be considered when reviewing and ac'ng on the renewal license in April 2021. The following mo'ons are offered to as s is t the C ity C ouncil to give C ity staff direc'on on the two primary op'ons available to it: O pon 1: N onrenewal of the License. “I make a mo'on to direct the C ity M anager to prepare a resolu'on determining to non- renew the hospitality accommoda'on license for the Radis s on Brooklyn Center for review and ac'on at the next C ity C ouncil mee'ng.” O pon 2: Renew the License with Condions. “I make a mo'on to direct the C ity M anger to prepare a res olu'on determining to renew the hospitality accommoda'on license for the Radis s on Brooklyn Center w ith the recommended condi'ons as discussed.” B udget I ssues: I ncreas ed emergency s ervices cos ts . S trategic Priories and Values: S afe, S ecure, S table C ommunity, O pera'onal Excellence AT TA C H M E N TS : D escrip'on U pload D ate Type 9-25 L e:er 10/7/2020 Backup M aterial Council/E D A Work S ession V I RT UA L meeting being conducted by electronic means in accordance with Minnesota S tatutes, section 13D.021 P ublic portion available for connection by dialing 1-312-535-8110 A ccess Code: 133 791 1584 October 12, 2020 AGE NDA AC T I V E D I S C US S IO N I T E M S 1.Schedule Work Session to Discuss Housing P olicy Topics 2.Policy Regarding I ndividual Councilmember's A ccess to City A ttorney P E ND I NG L I S T F O R F UT URE WO RK S E S S IO NS 1.Pending I tems Citizen's MA C S urvey Results & Recommendations - 10/26 Council Retreat Follow-up - 10/26 Tobacco Regulations - 10/26 Earle Brown Name - 10/26 Citizen's Discipline Review B oard - 11/9 Council P olicy for City Charter requirement of Mayor's signature on all contracts Strategic P lans for years 2018-2020 and 2021-2023 NOAH Preservation Program Review Special Assessment Policy Vehicle Tow Policy Organic Recycling MEMOR ANDUM - C OUNCIL WOR K SESSION DAT E:10/12/2020 TO :C ity C ouncil F R O M:C urt Boganey, C ity Manager T HR O UG H:N/A BY:Meg Beekman, C ommunity Development Director S UBJ EC T:S c hedule Work S es s ion to Dis cus s Hous ing P olic y Topic s Background: S taff, along with the C ity's cons ultants working on the housing s tudy, would like to sc hedule a work session with the C ounc il. T he purpos e of the meeting would be to c reate level s etting and disc ussion with the C ouncil around several housing-related topics that will be part of the housing s tudy work. T he presenters would be facilitated by Dr. Lewis with R esearc h in Ac tion and include C ity s taff, Ehlers C onsulting, Haila Maize with Bolton & Menk C onsulting, C UR A staff, and Dr. Ed G oetz with the Humphrey Ins titute of P ublic Affairs . T he agenda for the meeting would include: O verview and disc ussion of regional and national housing trends affec ting hous ing c os t and availability, and its impact on Brooklyn C enter's housing Housing policy disc ussion: W hat tools are available? W hat are other communities doing? W hat actions are within the authority of the C ity? W hat does a res ilient c ommunity look like and how can it be achieved from the pers pective of housing diversity and meeting community needs? T he housing s tudy s cope and process F inancing hous ing and the financial impacts of various housing types S taff is reques ting 2-3 hours to cover these topic s , and is seeking to sc hedule a time to hold a work s es s ion for that purpose. Dates being c onsidered at November 10th or November 16th. T he meeting c ould be from 5-8pm or 6-9pm. Policy Issues: - W hat dates are the C ouncil available to s chedule this work s es s ion? S trategic Priorities and Values: R es ident Ec onomic S tability MEMOR ANDUM - C OUNCIL WOR K SESSION DAT E:10/12/2020 TO :C ity C ouncil F R O M:C urt Boganey, C ity Manager T HR O UG H:N/A BY:C urt Boganey, C ity Manager and Troy G ilc hrist, C ity Attorney S UBJ EC T:P olic y R egarding Individual C ounc ilmember's Acc es s to C ity Attorney Recommendation: - C ouncil direction regarding the adoption of a C ouncil P olicy authorizing C ouncilmember utilization of C ity Attorney resources. Background: At the last C ity C ouncil meeting the C ity Attorney pres ented a request for clarific ation and direc tion regarding individual C ouncilmember acc es s and utilization of Attorney S ervices. C ounc il members provided varying feedback regarding the request. T here appeared to be a majority view that individual counc il member acc es s would be acc eptable if parameters were establis hed. Based on the feedbac k the Attorney and I have prepared the attached P olic y draft for your review. It is not a recommended polic y but it was our attempt to c apture the general issues and agreements desc ribed by c ouncil members . Hopefully with your input a final P olic y can be prepared for your adoption at a future meeting. Policy Issues: Is there a cons ensus polic y for C ounc il c onsideration at a future meeting? S trategic Priorities and Values: O perational Exc ellenc e AT TAC HME N T S: Desc ription Upload Date Type C ounc il Initiative Attorney 10/7/2020 C over Memo The following proposed policy is an attempt to capture the consensus arising from the Council’s September 28, 2020 work session discussion regarding Council Members utilizing the services of the City Attorney. The goal is to provide clear guidance to both Council Members and the City Attorney on the use of City Attorney services concerning Council Policy issues. This draft is offered for discussion and guidance on whether the Council would like a resolution prepared to include this policy guidance in the City Council Code of Policies. 2.08 Policy on Access to City Attorney for Council Policy Development 1. Purpose This policy is intended to serve as guidance to both Council Members and the City Attorney on accessing City Attorney services for the development of Council Policy initiatives. Work by the City Attorney on Council Policy matters typically occurs at the request of City Staff in the preparation of matters to be presented to the City Council for direction, or at the direction of the City Council after discussion on the matter at a meeting. For the purposes of this policy, “Council Policy” means matters within the power and authority of the City Council under the City Charter, City Code, or state law to decide on behalf of the City. This policy is not intended to infringe upon the authority or responsibilities delegated to the Mayor or City Council under the City Charter, City Code, or state law. 2. Policy A. Council Members, including the Mayor, may contact the City Attorney as needed for general informational purposes or with specific questions on issues related to the exercise of their duties such as on the application of the law regarding the open meeting law, gifts, conflicts of interest, incompatible positions, liability, etc. B. Council Members, including the Mayor, may contact the City Attorney for the purpose of requesting assistance with the development of Council Policy including, but not limited to, the following: 1. To gain a general understanding of the legal implications of a potential City Policy initiative; 2. To request preparation of a draft Council Policy initiative, including new or amended City Policy, to be presented to the City Council; 3. To request the preparation or review of a new or amended City ordinance; or 4. To request the preparation or review of a new or amended Council resolution. C. Council Members should be mindful of the costs associated with direct inquiries to the City Attorney and so should limit the use of that resource by being as efficient as practical in such contacts. D. The requirements of this policy are as follows: 1. The City Attorney shall provide a report to the City on a quarterly basis of the time and costs associated with responding to individual Council Member requests made under this policy; 2. The City Attorney shall inform the City Manager of the Council Policy matters initiated by individual Council Members under this policy and the City Manager shall assess the administrative impacts or policy implications of the proposed Council Policy; and 3. Any Council Policy matter initiated by a Council Member under this policy shall be placed on a Council work session agenda with sufficient advanced public notice for review, deliberation, and direction by the City Council. MEMOR ANDUM - C OUNCIL WOR K SESSION DAT E:10/12/2020 TO :C ity C ouncil F R O M:C urt Boganey, C ity Manager T HR O UG H:N/A BY:C ornelius L. Boganey, C ity Manager S UBJ EC T:P ending Items Recommendation: C itizen's MAC S urvey R esults & R ecommendations - 10/26 C ouncil R etreat F ollow-up - 10/26 Tobac co R egulations - 10/26 Earle Brown Name - 10/26 C itizen's Disc ipline R eview Board - 11/9 C ouncil P olicy for C ity C harter requirement of Mayor's s ignature on all contrac ts S trategic P lans for years 2018-2020 and 2021-2023 N O AH P reservation P rogram R eview S pec ial As s es s ment P olic y Vehic le Tow P olicy O rganic R ec yc ling Background: