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Home My WebLink About01-09-23 CCPCouncil Study Session City Hall Council Chambers J anuary 9, 2023 AGE NDA 1.City Council Discussion of Agenda Items and Questions - 6 p.m. 2.M iscellaneous 3.Discussion of Work S ession Agenda Item as T ime P ermits 4.Adjourn C IT Y C O UNC IL M E E T I NG City Hall Council Chambers J anuary 9, 2023 AGE NDA 1.Informal Open Forum with City Council - 6:45 p.m. T his is an opportunity for the p ublic to ad d res s the C ity C o uncil o n items that are no t o n the agenda. It is limited to 15 minutes , it is not televis ed , and it may not be us ed to make pers onal attacks , air personality grievances, make political endorsements, or for political campaign purposes. C o uncil Memb ers will not enter into a d ialo gue with the p res enter. Q ues tions from the C ounc il will be fo r c larificatio n p urpos es o nly. It will no t b e us ed as a time for problem- s olving o r reac ting to the comments mad e but, rather, for hearing the pres enter for informational purposes only. T he firs t call will b e for thos e that have no tified the C lerk that they would like to s p eak during the open forum, and then ask if anyo ne c onnected to this meeting would like to s p eak. W hen called up o n, p leas e indic ate yo ur name and then p ro ceed. P leas e b e s ure to s tate your name and addres s before s peaking. 2.Invocation - Lawrence-Anderson - 7 p.m. 3.Call to Order Regular Business M eeting Attendees please turn off c ell phones and pages during the meeting. A c opy of the full meeting packet is available in the binder at the entrance to the Council Chambers. Administer Ceremonial Oath of Office a.Mayor April Graves b.Councilmember Dan J erzak c.Councilmember Teneshia Kragness 4.P ledge of Allegiance 5.Roll Call 6.Approval of Agenda and Consent Agenda These items are considered to be routine by the C ity Council and will be enacted by one motion. There isn't a separate discussion for these items unless a Counc ilmember so requests, then it is moved to the end of the Council Consideration I tems. a.Approval of L icenses - Motion to approve the licenses as presented. b.Resolution Designating Official Newspaper - Approve resolution Designating Official Newspaper for 2023 c.Resolution Declaring Commitment to the Brooklyn Center City Charter - Approve resolution Declaring Commitment to the Brooklyn Center City Charter d.Resolution Recognizing the Contributions of E thnic P opulations and Heritage Celebrations - Approve a resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations e.Resolution A ppointing Municipal Trustees to the B rooklyn Center Firefighters Relief A ssociation B oard of Trustees - Approve resolution appointing municipal trustees to the Brooklyn Center Firefighters Relief Association Board of Trustee f.Resolution Selecting P residing Officers-Mayor P ro Tem and President P ro Tem - Appoint the Mayor Pro Tem and Acting President Pro Tem for 2023 g.Resolution Designating Depositories of City F unds for 2023 - Motion to approve a resolution designating depositories of City funds for the 2023 fiscal year. h.Resolution Opting not to Waive L imited Tort L iability for 2023 - Motion to approve a resolution adopting the no waiver option for statutory tort liability insurance. i.Resolution Granting Corporate A uthority for Signing of Checks and Transactions of Financial B usiness Matters - Motion to approve a resolution granting corporate authority for signing checks and transactions of financial business matters to the City Manager and Finance Director for the City of Brooklyn Center. j.Resolution A ppointing Council Members to Commissions and Outside Organizations - Approve a resolution appointing City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives/Voting Delegates for Other Organizations for 2023 k.Resolution A pproving the Contract for I nternational Union of Operating Engineers (I UO E ) L ocal 49 (P ublic Works Maintenance) and the City of Brooklyn Center for the Calendar years 2023-2025 - Motion to approve a resolution approvi ng the Contract for International Union of Operating Engineers (IUOE) Local 49 (Public Works Maintenance) and the City of Brookl yn Center for Calendar years 2023- 2025 l.Resolution Supporting the Authority to I mpose a L ocal Sales Tax to fund a Specific Capital I mprovements P roviding Regional B enefit, to E stablish the Duration of the Tax and the Revenue to be raised by the Tax, and to Authorize the City to I ssue B onds Supported by the S ales Tax Revenue - Motion to approve a Resolution supporting the authority to impose a local sales tax to fund specific capital improvements providing regional benefit, to establish the duration of the tax and the revenue to be raised by the tax, and to authorize the city to issue bonds supported by the sales tax revenue. m.Resolution A ppointing B rooklyn Center Representatives to Executive Committee and/or B oard of Directors of the Brooklyn B ridge Alliance for Youth, Hennepin Recycling Group, L ocal Government I nformation S ystems, Minneapolis Northwest Convention & Visitors B ureau, North Metro Mayors Association, Northwest S uburbs Cable Communications Commission, Pets Under P olice Security, and Twin L ake J oint P owers Organization - Motion to approve the resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of the Brooklyn Bridge Alliance for Youth, Hennepin Recycling Group, Local Government Information Systems, Minneapolis Northwest Convention & Visitors Bureau, North Metro Mayors Association, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, and Twin Lake Joint Powers Organization n.Resolution Declaring Costs to be A ssessed and Calling for a P ublic Hearing on Proposed Special Assessments for I mprovement Project No. 2023-03, 51st Avenue I mprovements - Moti on to approve a resolution declaring costs to be assessed and calling for a public hearing on proposed speci al assessments for Improvement Project No. 2023-03, 51st Avenue Improvements. o.Resolution Declaring Costs to be A ssessed and Calling for a P ublic Hearing on Proposed Special Assessments for I mprovement Project No. 2023-01, Knox, J ames, and 54th A rea I mprovements - Moti on to approve a resolution declaring costs to be assessed and calling for a public hearing on proposed speci al assessments for Improvement Project No. 2023-01, Knox, James, and 54th Area Improvements. p.Resolution Declaring Costs to be A ssessed and Calling for a P ublic Hearing on Proposed Special Assessments for I mprovement Project No. 2023-02, 50th Avenue I mprovements Motion to approve a resolution declaring costs to be assessed and calling for a public hearing on proposed special assessments for I mprovement P roject No. 2023-02, 50th Avenue I mprovements. q.Resolution A uthorizing the Release of Settlement Funds in the Matter of Alayna A lbrecht-Payton vs. K imberly Ann P otter in the City of Brooklyn Center Authorize Release of Settlement Funds in the Matter of A layna Albrecht- Patyon vs. K imberly Ann P otter and the City of B rooklyn Center. 7.P resentations/Proclamations/Recognitions/Donations a.Resolution Recognizing April Graves for S erving as a B rooklyn Center City Council member - motion to approve a resolution recognizing Council member April Graves for her dedicated public service 8.P ublic Hearings a.Resolutions A pproving Utility Rates for 2023 - Motion to: Open the public hearing; Take public input; and Close the public hearing - Motion to approve: Resolution for 2023 Water Utility Rates Resolution for 2023 Sanitary Sewer Utility Rates Resolution for 2023 Storm Sewer Utility Rates Resolution for 2023 Street Light Rates Resolution for 2023 Recycling Rates 9.P lanning Commission Items 10.Council Consideration Items a.Appointment to City Commissions - Motion to approve the appointments to the City Commissions 11.Council Report 12.Adjournment C ouncil R egular M eeng DAT E:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:Barb S uciu, C ity C lerk/I nterim A s s is tant C ity M anager S U B J E C T:A pproval of Licens es Requested Council A con: - Moon to approve the licenses as presented. 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 respec6ve licens es, s ubmi7ed appropriate applica6ons, and paid proper fees. A pplicants for rental dwelling licens es are in compliance with C hapter 12 of the C ity C ode of O rdinances , unles s comments are noted below the property addres s on the a7ached rental report. F ireworks License (Permanent) D iamond L ake 3245 County Road 10, 55430 dba: Cub Foods Gasoline License Chris ty's A uto S ervice 5300 D upont Ave, 55430 L iquor I ntoxicang J ambo Africa 1601 Freeway B lvd, 55430 L iquor I ntoxicang - S unday S ales D uoos Bro. A merican Legion 6110 Brooklyn Blvd, 55430 Jambo A frica 1601 F reew ay Blvd, 55430 Liquor Intoxicang O n-S ale C lub D uoos Bro. A merican Legion 6110 Brooklyn Blvd, 55430 M echanical L icenses A bs olute M echanical L L C 7338 O hms L ane, Edina 55439 A eros tar H ea6ng & A ir L L C 871 22nd S t. S W, Buffalo 55313 A ir C entral I nc. 5981 142nd Ave N W, Ramsey 55303 Ci6es 1 P lumbing and H ea6ng 787 H ubbard Ave, S t. Paul 55104 S t. M arie S heet M etal 8380 P leasant V iew D r. S t. Paul 55112 Ves i Works L L C 260 Lincoln Ave, New G ermany 55367 Tobacco Related P roducts L icenses Jambo A frica 1601 F reew ay Blvd, 55430 Royal Tobacco 5625 Xerxes Ave, 55430 B udget I ssues: I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: S trategic Priories and Values: O pera6onal Excellence AT TA C H M E N TS : D escrip6on U pload D ate Type Rental C riteria 3/16/2021 Backup M aterial Rental L icenses 1-9-23 1/1/2023 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 License License Subtype Renewal/Initial Owner Property Code Violations License Type Police CFS* Final License Type** Previous License Type*** BL22-0727 Single Initial William E Clabots 1 Type I Type II N/A BL22-0762 Single Initial Shoua Vang & Nancy Xiong 3 Type II Type II N/A BL22-0695 Single Initial Saylee Suworgo 7 Type III Type III N/A BL22-0679 Single Initial Butterfly Bound Care Doreen Kalema 14 Type IV Type IV N/A BL22-0575 Single Initial Bahram Ghadishah 14 Type IV Type IV N/A BL22-0568 Multiple Family 7 Bldgs 84 Units Renewal Riverwood LLC Did not meet requirements 195 = 2.32 per unit Type III 7/17/22 Aggravated Assault Type III Type III BL22-0249 Multiple Family 24 Bldgs 92 Units Renewal Georgetown-bc Company Lllp Did not meet requirements 499 = 5.42 per unit Type IV 6/13/22 Robbery Type IV Type IV BL22-0558 Multiple Family 1 Bldg 34 Units Renewal Maranatha Con Baptist Hm Inc 16 = 0.47 per unit Type I N/A Type I Type I BL22-0483 Multiple Family 2 Bldgs 22 units Renewal Farnaz Toussi Did not meet requirements 14 = 0.63 per unit Type I N/A Type III Type III BL22-0539 Multiple Family 2 Bldgs 50 Units Renewal Lynwood Pointe Llc Did not meet requirements 141 = 2.82 per unit Type III 5/12/22 Disturbance 11/13/22 Assault 11/5/22 Arson 4/1/22 Robbery Type IV Type IV Rental Licenses for Council Approval 1.9.23 BL22-0627 Two Family Renewal A M Abdullahi & Y M Noor Did not meet requirements 6 Type III N/A Type IV Type IV BL22-0670 Single Renewal Messiah Moore Met requirements 4 Type II Type II Type III BL22-0430 Single Renewal Fyr Sfr Borrower Llc Met requirements 3 Type II N/A Type II Type IV BL22-0620 Single Renewal Plia Thao 0 Type I N/A Type I Type II BL22-0748 Single Renewal Tom Eyong Met requirements 2 Type I N/A Type I Type III BL22-0074 Single Renewal Hp Minnesota I Llc Did not meet requirements 16 Type IV N/A Type IV Type III BL22-0569 Single Renewal Emmanuel & Oluyemisi Coker Did not meet requirements 13 Type IV N/A Type IV Type III BL22-0720 Single Renewal Ih2 Property Illinois Lp Met requirements 0 Type I N/A Type I Type IV BL22-0387 Single Renewal Sydney 1 Llc 3 Type II N/A Type II Type I BL22-0377 Single Renewal Fyr Sfr Borrower Llc Met requirements 4 Type II N/A Type II Type IV BL22-0713 Single Renewal Paul Peter Leintz 4 Type II N/A Type II Type II BL22-0645 Single Renewal Rasco Investments Llc Did not meet requirements 6 Type III N/A Type IV Type IV BL22-0678 Single Renewal Xiangming Guan & Ping He Did not meet requirements 2 Type I N/A Type IV Type IV BL22-0744 Single Renewal B D Morlock & N D Morlock 0 Type I N/A Type I Type II BL22-0716 Single Renewal Richard N Sayther 0 Type I N/A Type I Type II BL22-0644 Single Renewal Farnaz Toussi Did not meet requirements 1 Type I N/A Type IV Type IV BL22-0697 Single Renewal M J Bonete & R E Lema Bonete 5 Type II N/A Type II Type II BL22-0660 Single Renewal Jack Froelke/jessica Froelke 0 Type I N/A Type I Type I BL22-0411 Single Renewal Crystal Clear Investment Llc Did not meet requirements 3 Type II N/A Type IV Type IV BL22-0680 Single Renewal C J Cocker & M J Cocker 2 Type I N/A Type I Type I BL22-0584 Single Renewal Park Ave Homes Llc Did not meet requirements 7 Type III N/A Type IV Type IV BL22-0643 Single Renewal Fyr Sfr Borrower Llc Met requirements 22 Type IV N/A Type IV Type IV BL22-0612 Single Renewal Dawn M Araya & Danilo Araya Did not meet requirements 9 Type III N/A Type IV Type IV BL22-0547 Single Renewal I A Hassan & A M Ali Did not meet requirements 5 Type II N/A Type IV Type IV BL22-0640 Single Renewal Jessica J Stoll Did not meet requirements 11 Type IV N/A Type IV Type IV BL22-0473 Single Renewal Peter Nguyen 11 Type IV N/A Type IV Type II BL22-0552 Single Renewal Lankia Lartey 9 Type III N/A Type III Type II BL22-0698 Single Renewal Sharon Mcgary Did not meet requirements 0 Type I N/A Type IV Type IV BL22-0606 Single Renewal Hpa Borrower 2018-1 Ml Llc 12 Type IV N/A Type IV Type II BL22-0714 Single Renewal Olmedo Jara Met requirements 2 Type I N/A Type I Type IV BL22-0611 Single Renewal Hpa Jv Borrow 2019-1 Ath Llc Did not meet requirements 7 Type III N/A Type IV Type IV BL22-0154 Single Renewal LSF9 MASTER PARTICIPATION TR 23 Type IV N/A Type IV Type II BL22-0658 Single Renewal O B Nkwonkam & L B Nchotu Met requirements 2 Type I N/A Type I Type IV *CFS = Calls for service for Renewal Licenses Only (Initial licenses are not applicable to calls for service and will be liste **License type being issued ***Initial licenses will not show a Type I = 3 Year, Type II = 2 Year, Type 1 = 1 Year, Type IV = 6 months All properties are current on City utilities and property taxes C ouncil R egular M eeng DAT E:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:Barb S uciu, C ity C lerk/I nterim A s s is tant C ity M anager S U B J E C T:Res olu/on D esigna/ng O fficial Newspaper Requested Council A con: - A pprove resoluon D esignang Official New spaper for 2023 B ackground: S ec/on 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circula/on of the C ity as its official newspaper in w hich the C ity will publish ordinances, bids , public hearing no/ces, adver/sing for propos als, asses s ments , bonds, financial reports, and other ma7ers as required by law. S un Media has once again requested that the City Council consider designa/ng Brooklyn C enter S un-Post to be the official new s paper for 2022. Brooklyn C enter S un-Post meets all neces s ary requirements of a qualified newspaper under M N S tatutes 331 A .02, S ubd. 1. The rate s tructure is as follow s : - $11.90 per column inch (9 lines per inch= $1.32 per line). B udget I ssues: Legal publica/ons are a budgeted item. I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: 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 S un Post 2023 Q uote 12/20/2022 Backup M aterial Res olu/on 12/20/2022 Resolu/on Le7er CITY OF BROOKLYN CENTER RESOLUTION NO. _______________ RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun-Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun-Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun-Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 2023. January 9, 2023 Date Mayor ATTEST: City Clerk Moved: Second: Favor: Against: whereupon said resolution was declared duly passed and adopted. C ouncil R egular M eeng DAT E:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:Barb S uciu, C ity C lerk S U B J E C T:Res olu-on D eclaring Commitment to the Brooklyn Center City Charter Requested Council A con: - A pprove resoluon D eclaring C ommitment to the Brooklyn C enter C ity C harter B ackground: The C ity M anager is directed to place this res olu-on for re-adop-on on the agenda for the firs t mee-ng of the C ity C ouncil each January as informa-on as and reminder of C ouncil/M anager responsibili-es. B udget I ssues: There are no budget is s ues to consider. I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: 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 12/20/2022 Resolu-on Le6er CITY OF BROOKLYN CENTER RESOLUTION NO. _____ RESOLUTION APPOINTING PRESIDING OFFICERS – MAYOR PRO TEM AND ACTING MAYOR PRO TEM BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that for 2023 the Mayor Pro Tem be Councilmember Marquita Butler and the Acting Mayor Pro Tem be the most senior councilmember present in accordance with Resolution 92-262. January 9, 2023 Date Mayor ATTEST: City Clerk Moved: Seconded: Favor: Against: whereupon said resolution was declared duly passed and adopted. C ouncil R egular M eeng DAT E:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:Barb S uciu, C ity C lerk/I nterim A s s is tant C ity M anager S U B J E C T:Res olu/on Recognizing the C ontribu/ons of Ethnic Popula/ons and H eritage C elebra/ons Requested Council A con: - A pprove a resolu on Recognizing the C ontribu ons of Ethnic Popula ons and H eritage C elebra ons B ackground: S ince 2003, as part of the City Council's goal of inclusivenes s , one of the as pects was to recognize the various ethnic popula/ons and their contribu/ons as w ell as heritage celebra/ons . The proposed res olu/on implements that C ouncil policy by an inclusive list of celebra/ons and contribu/ons in one res olu/on. By adop/ng this resolu/on, the City acknow ledges thes e many events that occur throughout the course of the year. This list is reviewed and amended annually. B udget I ssues: There are no budget is s ues to consider. I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: S trategic Priories and Values: Enhanced Community I mage, I nclusive C ommunity Engagement, O pera/onal Excellence AT TA C H M E N TS : D escrip/on U pload D ate Type Res olu/on 12/20/2022 Resolu/on Le9er CITY OF BROOKLYN CENTER RESOLUTION NO. _____ RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS WHEREAS, the City Council has established a goal to promote the inclusion of all residents in Brooklyn Center’s community life by emphasizing opportunities to include all residents in the community’s activities and plans; and WHEREAS, the City Council recognizes that its cultural composition has changed significantly over the past two decades, with its ethnic population over half of its total population; and WHEREAS, Brooklyn Center is strengthened by the rich cultural diversity of its people, and welcomes individuals of all races, religions, and cultural backgrounds; and WHEREAS, each individual brings a part of his or her own heritage and over time each heritage becomes part of our common heritage, leading us to become a more united people; and WHEREAS, the City Council recognizes the vital contributions ethnic populations have made to the strength and diversity of our community and recognizes their rich legacy of ingenuity, perseverance, and achievement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following heritage celebrations and all other heritage celebrations reflected in Brooklyn Center’s population are recognized for the purpose of encouraging our citizens to learn more about the history of ethnic populations and how they have contributed to the culture and heritage of our community: February African-American History Month March National Women’s History Month March Irish-American Heritage Month March 25 Greek Independence Day April National Arab American Heritage Month April 14 Pan American Day May Asian and Pacific American Heritage Month May Jewish American Heritage Month May 17 (Syttende Mai) Norwegian Constitution Day May 21 World Day for Cultural Diversity June Caribbean-American Heritage Month June 6 Swedish National Day September 15-October 15 Hispanic Heritage Month October Italian American Heritage Month October 6 German-American Day November American Indigenous Heritage Month RESOLUTION NO. _______________ January 9, 2023 Date Mayor ATTEST: City Clerk Moved: Seconded: Favor: Against: whereupon said resolution was declared duly passed and adopted. C ouncil R egular M eeng DAT E:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:Todd Berg, F ire Chief S U B J E C T:Res olu-on A ppoin-ng M unicipal Trustees to the Brooklyn Center F irefighters Relief A ssocia-on Board of Trus tees Requested Council A con: - A pprove resoluon appoinng municipal trustees to the Brookly n C enter F irefighters Relief A ssociaon Board of Trustee B ackground: A nnually, the C ouncil approves the three Municipal O fficials to s erve on Brooklyn Center F ire Relief A s s ocia-on Board. I t has to be the current F ire C hief, an elected official, and either another elected official or the City F inance D irector. Tradi-onally, it has been the F ire C hief, M ayor and F inance D irector. I t is important that the City has representa-on on this board and be aware of it's ac-ons . The municipal official hasn't a7eneded since 2021. The board meets quarterly at the w est fire sta-on and the firs t mee-ng of the year is tomorrow night at 6pm. B udget I ssues: None I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: 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 12/12/2022 Resolu-on Le7er Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION APPOINTING MUNICIPAL TRUSTEES TO THE BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION BOARD OF TRUSTEES WHEREAS, Article V of the Brooklyn Center Firefighters Relief Association Bylaws states that the Board of Directors shall consist of three (3) officials drawn from the Municipality; and WHEREAS, the three (3) Municipal Officials must be one (1) elected municipal official and one (1) elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually, and the chief of the municipal fire department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved for 2023: Elected Municipal Official April Graves Elected or Appointed Municipal Official Angela Holm Fire Chief Todd Berg January 9, 2023 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:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H : BY:Barb S uciu, C ity C lerk/I nterim A s s is tant C ity M anager S U B J E C T:Res olu.on S elec.ng P res iding O fficers -Mayor P ro Tem and P res ident P ro Tem Requested Council A con: - A ppoint the M ayor P ro Tem and A cng P resident P ro Tem for 2023 B ackground: S ec.on 2.06 of the City Charter requires the Council to choose from its members a P resident P ro Tem w ho s hall hold office at the pleasure of the council and shall s erve as P res ident in the Mayor's absence and as Mayor in case of the M ayor's disability or absence from the City. City Council Res olu.on No. 92-262, Es tablishing and D esigna.ng an A c.ng P resident P ro Tem of the C ity Council, s tates the mos t s enior Council member s hall preside in the abs ence of both the M ayor and Mayor P ro Tem, and that in the event two or more members have equal seniority, then that member shall pres ide w ho received the most votes in their mos t recent elec.on. D an Ryan (first elected November 7, 2006) Kris L awrence-A nders on (first elected November 6, 2012) A pril G raves (first elected November 4, 2014) Marquita Butler (firs t elected November 8, 2016) B udget I ssues: There are no budget is s ues to consider. I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: 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 92-262 1/11/2019 Backup M aterial C ity C harter 1/11/2019 Backup M aterial Res olu.on 12/20/2022 Resolu.on LeCer CITY OF BROOKLYN CENTER RESOLUTION NO. _____ RESOLUTION APPOINTING PRESIDING OFFICERS – MAYOR PRO TEM AND ACTING MAYOR PRO TEM BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that for 2023 the Mayor Pro Tem be Councilmember Marquita Butler and the Acting Mayor Pro Tem be the most senior councilmember present in accordance with Resolution 92-262. January 9, 2023 Date Mayor ATTEST: City Clerk Moved: Seconded: Favor: Against: whereupon said resolution was declared duly passed and adopted. C ouncil R egular M eeng DAT E:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:A ngela H olm, D irector of F iscal & S upport S ervices S U B J E C T:Res olu0on D esigna0ng D epositories of C ity F unds for 2023 Requested Council A con: - Moon to approve a resoluon designang depositories of C ity funds for the 2023 fiscal year. B ackground: At the beginning of each fiscal year, in accordance with M innesota S tatutes 118 A .02 and City Council Policy 2.22.4.A , the C ity C ouncil cons iders a resolu0on authoriz ing depos itories for C ity funds. The resolu0on includes banks with a pres ence in Brooklyn Center as well as any banks with whom the C ity deals on a regular bas is throughout the year. The a9ached res olu0on des ignates banks which may not currently hold City funds but w hich may during the fis cal year, become a depository for City funds . O ther financial depositories, s uch as the 4 M F unds, are included becaus e we are members of thos e depos itories . Not all inves tment dealers /brokers are part of the City ’s current program but are authoriz ed, a;er filing the appropriate Broker C er0fica0on Form, a requirement of Minnes ota S tatutes 118 A , to trans act busines s w ith the C ity of Brooklyn C enter. I f the City has no contact or ac0vity with a dealer/broker during the previous fiscal year, that firm is removed not included in the succeeding year ’s list. A ll banks , depos itories , inves tment dealers and brokers , with the excep0on of the Federal Res erve Bank of M inneapolis , are checked for cer0fica0on by F D I C , S I P C or other cer0fica0on as required by Minnes ota S tatutes 118 A . A ll of this documenta0on is review ed by the C ity ’s auditors during the financial statement audit each year. B udget I ssues: - There is no direct financial impact on the City. I nclusive C ommunity Engagement: - None A nracist/Equity Policy Effect: - None S trategic Priories and Values: S afe, S ecure, S table C ommunity, O pera0onal Excellence AT TA C H M E N TS : D escrip0on U pload D ate Type D esigna0ng D epositories 2023 12/20/2022 Resolu0on Le9er CITY OF BROOKLYN CENTER RESOLUTION NO. _______________ RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS WHEREAS, Section 7.01 of the City Charter provides the City Council with authority over City funds that includes the safekeeping and disbursement of public monies; and WHEREAS, Section 7.10 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the City Manager and City Treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. That US Bank, NA is hereby designated as a depository for funds of the City of Brooklyn Center for operational banking and investment purposes. 2. That the following named bankers and brokers are hereby designated as additional depositories to be used for investment purposes: Federal Reserve Bank of Minneapolis Wells Fargo Bank, N.A. Minnesota Municipal Money Market Fund (4M Fund) Minnesota Municipal Money Market Plus Fund (4M Plus Fund) Minnesota Municipal Money Market Time Series Pools (4M Time Series) Oppenheimer & Co., Inc Wells Fargo Securities, LLC Moreton Capital Markets, LLC The City Treasurer is hereby authorized to deposit funds in accounts guaranteed by the Federal Deposit Insurance Corporation (FDIC), the Securities Insurance Protection Corporation (SIPC), successors of the FDIC or SIPC or other governmental institutions insuring the safety and liquidity of public monies. Funds deposited with designated depositories in excess of the insurance limits available through FDIC, SIPC or its successor institutions shall be covered by collateral in the form of government securities held in the City’s name or other collateral proposed by the institution and approved by the City of not less than 110% of the value of the uninsured deposits. RESOLUTION NO.______________ 3. That the following named clearinghouses for credit card transactions are hereby designated for accepting payments: Wells Fargo Merchant Services Elavon Incorporated Sage Payment Solutions Chase Paymentech 4. Wells Fargo Institutional Trust Services is hereby designated as the safekeeping depository for investment instruments in the City’s investment portfolio and as clearinghouse for the City’s investment portfolio transactions. 5. That the City Council authorizes the City Manager, the City Treasurer, or the Deputy City Treasurer to act for the City in all of its business activities with these designated depositories. January 9, 2023 Date Mayor ATTEST: City Clerk Moved: Seconded: Favor: Against: whereupon said resolution was declared duly passed and adopted. C ouncil R egular M eeng DAT E:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:A ngela H olm, D irector of F iscal & S upport S ervices S U B J E C T:Res olu0on O p0ng not to Waive L imited Tort L iability for 2023 Requested Council A con: - Moon to approve a resoluon adopng the no w aiver opon for statutory tort liability insurance. B ackground: Each year the C ity mus t choos e whether to w aive tort liability limit protec0ons of Minnes ota S tatutes 466.04 as part of the insurance policy renew al applica0on proces s . M .S . 466.04 states that the maximum liability for a city for any claim is $500,000 with an aggregate maximum of $1,500,000 per incident. I n pas t years the C ity C ouncil has chosen not to w aive the liability limits and the regular premium for insurance has covered all claims. I f the City w ere to waive the limits s et by s tatute, it would be prudent to purchas e addi0onal ins urance coverage to cover possible higher aw ards in liability claims . P remiums for such insurance w ould be approximately $6,700 per year. B udget I ssues: The 2022 budget an0cipates leaving the no w aiver op0on in place for 2022 and has an0cipated ins urance premiums based on that no waiver op0on. Waiving the s tatutory limits w ould require that at approximately $6,700 in addi0onal premium cos ts be allocated for 2022 and in each s ucceeding year. I nclusive C ommunity Engagement: - None A nracist/Equity Policy Effect: - None S trategic Priories and Values: S afe, S ecure, S table C ommunity AT TA C H M E N TS : D escrip0on U pload D ate Type Res olu0on 12/20/2022 Resolu0on Le?er CITY OF BROOKLYN CENTER RESOLUTION NO. _______________ RESOLUTION OPTING NOT TO WAIVE LIMITED TORT LIABILITY FOR 2023 WHEREAS, the City of Brooklyn Center has an option to waive its protection under the tort liability limitation contained in Minnesota Statutes 466.04; and WHEREAS, the statutory tort limit for 2023 is $500,000 per individual with an aggregate of $1,500,000 per incident; and WHEREAS, the City of Brooklyn Center has not opted to waive its rights to limited tort liability in past years and is required to make a declaration of its intention every year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04 for 2023. January 9, 2023 Date Mayor ATTEST: City Clerk Moved: Seconded: Favor: Against: whereupon said resolution was declared duly passed and adopted. C ouncil R egular M eeng DAT E:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:A ngela H olm, D irector of F iscal & S upport S ervices S U B J E C T:Res olu0on G ran0ng Corporate A uthority for S igning of Checks and Transac0ons of F inancial Bus iness M a3ers Requested Council A con: - Moon to approve a resoluon granng corporate authority for signing checks and transacons of financial business maers to the C ity M anager and F inance D irector for the C ity of Brooklyn C enter. B ackground: Many investment firms require the adop0on of a resolu0on by the corporate board, in this cas e the City Council, authoriz ing specific officers to transact financial bus iness involving treasury notes , cer0ficates of deposit and other s ecuri0es . The a3ached resolu0on fulfills that requirement by appoin0ng the City Manager, and the F inance D irector, w ho s erves as the City Treas urer, as the officers authorized to trans act s uch bus iness. B udget I ssues: There are no budget is s ues to consider. I nclusive C ommunity Engagement: - None A nracist/Equity Policy Effect: - None S trategic Priories and Values: S afe, S ecure, S table C ommunity, O pera0onal Excellence AT TA C H M E N TS : D escrip0on U pload D ate Type Res olu0on 12/20/2022 Resolu0on Le3er CITY OF BROOKLYN CENTER RESOLUTION NO. _______________ RESOLUTION GRANTING CORPORATE AUTHORITY FOR SIGNING OF CHECKS AND TRANSACTIONS OF FINANCIAL BUSINESS MATTERS WHEREAS, the City Treasurer must be a signatory to any and all checks issued by the City in payment of obligations of the City; and WHEREAS, specific individuals must be designated by the City Council as authorized to sell, assign and endorse for transfer various financial instruments in the regular conduct of City business. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Dr. Reggie Edwards, City Manager, and Angela Holm, Finance Director, are hereby authorized to sell, assign and endorse for transfer certificates representing treasury notes, bonds, or other securities now registered or hereafter registered in the name of this municipality. January 9, 2023 Date Mayor ATTEST: City Clerk Moved: Seconded: Favor: Against: whereupon said resolution was declared duly passed and adopted. C ouncil R egular M eeng DAT E:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:Barb S uciu, C ity C lerk/I nterim A s s is tant C ity M anager S U B J E C T:Res olu/on A ppoin/ng C ouncil Members to C ommis s ions and O utside O rganiza/ons Requested Council A con: - A pprove a resolu on appoin ng C ity C ouncil Members to S erve as Liaisons to C ity A dvisory C ommissions and as C ity Representa ves/Vo ng D elegates for Other Organiza ons for 2023 B ackground: H istorically this ac/on is completed at first mee/ng of the year. City Council M embers are appointed to s erve as C ouncil Liais ons to City A dvisory C ommis s ions and as Council representa/ves or vo/ng delegates/alternates for boards , commi7ees, or organiz a/ons in w hich the C ity par/cipates . This item w as postponed from the firs t mee/ng of the year to allow the new M ayor addi/onal /me to review the informa/on and make the appointments. 2019 Council A ppointments were are as follow s : Commission/O rganizaon C ouncil M ember F inancial Commission M arquita Butler H ousing Commission Kris Law rence-A nderson Park & Recrea/on C ommis s ion A pril G raves Brooklyns Youth Council A pril G raves Crime P reven/on P rogram Kris L awrence-A nders on League of M innesota Ci/es D an Ryan; Mike Ellio7 A lternate Metro C i/es Mike Ellio7; D an Ryan A lternate The resolu/on for the 2021 appointments will be forthcoming. B udget I ssues: I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: 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 1/6/2023 Resolu/on Le7er Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______ RESOLUTION APPOINTING CITY COUNCIL MEMBERS TO SERVE AS LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY REPRESENTATIVES/VOTING DELEGATES FOR OTHER ORGANIZATIONS FOR 2023 WHEREAS, the City of Brooklyn Center City Council members are appointed to serve as liaisons to City Advisory Commissions and to serve as City Representatives/Voting delegates for other organizations annually; and WHEREAS, this resolution will ratify the appointments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved: Commission/Organization Council Member Financial Commission Teneshia Kragness Housing Commission Kris Lawrence-Anderson Park & Recreation Commission Marquita Butler Brooklyns Youth Council April Graves Crime Prevention Program Dan Jerzak League of Minnesota Cities April Graves Metro Cities Kris Lawrence-Anderson 252 Project Advisory Committee Marquita Butler 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:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :D r. Reggie Edwards, City Manager BY:Elizabeth H eyman, D irector of P ublic Works S U B J E C T:Res olu2on A pproving the C ontract for I nterna2onal U nion of O pera2ng Engineers (I U O E) L ocal 49 (P ublic Works M aintenance) and the City of Brooklyn Center for the Calendar years 2023-2025 Requested Council A con: - Moon to appr ove a resoluon appr oving the C ontr act for I nternaonal Union of Oper ang Engineers (I U O E) L ocal 4 9 (P ublic Wor ks Maintenance) and the C ity of Br ookly n C enter for C alendar y ear s 2023- 2025 B ackground: The current contract w ith I U O E L ocal 49 (P ublic Works Maintenance) expires on D ecember 31, 2 0 2 2 . The City and the U nion have met and nego2ated in good faith to reach a s e=lement on all is s ues of concern. This L abor agr eement covers all the P ublic Work s M aintenance employees for a total of 26 employ ees . The a=ached agreement has been approved by a v ote of the member s and upon adop2 on by the C ity Council w ill es tablis h wages and w ork ing condi2 ons for the calendar years 2 0 2 3 -2 0 2 5 . The A r 2cles affected by these nego2a2ons include the following: A r2cle 17- S pecial C lothing A dd Language I n addi2 on to prov iding uniforms to encourage a uniform appear ance, the City w ill reimburs e up to $200 per year to pay for safety footw ear and/or outerw ear. Employees must wear clean uniforms in good repair. A r2cle 24- S everance Pay A dd the following language The C ity agrees to look at this during the year 2023 working w ith H R and the P ublic Works Labor Management C ommi=ee to develop a P E H S C P program and come up w ith payout to the program based on years of s ervice City W ide. A r2cle 25- I ns urance A dd the following language The C ity will be w illing to pay 50% of the increase. The City ’s insurance increase is 5.9% and the dental increase is 12.9%. This equates to an overall increase of $84. The City w ould contribute $42 and the employee would contribute $42. A r2cle 28- Wage S chedule Wages S chedule Wages 2022 2023 2024 2025 Mechanic $33.53 $34.87 $36.26 $37.71 All Foreman $36.03 $38.37 $39.90 $41.21 Mechanic L ead $35.03 $37.87 $39.38 $40.71 Maintenance I I I $33.53 Goes AWAY U 2li2es $32.75 $34.31 $35.68 $37.11 Step 3 (95%)$31.11 $32.60 $33.90 $35.25 Step 2 (90%)$29.48 $30.88 $32.11 $33.40 Step 1 (85%)$27.84 $29.16 $30.33 $31.54 Start (80%)$26.20 $27.45 $28.54 $29.69 Maintenance I I $31.97 $33.50 $34.84 $36.23 Step 3 (95%)$30.37 $31.83 $33.10 $34.42 Step 2 (90%)$28.77 $30.15 $31.36 $32.61 Step 1 (85%)$27.17 $28.48 $29.61 $30.80 Start (80%)$25.58 $26.80 $27.87 $28.98 S&P C rew L ead $35.03 $36.50 $37.96 $39.48 U 2li2es C rew lead $35.03 $37.31 $38.80 $40.35 All Foreman +$3.50 over Mechanic wage Mechanic C rew L ead +$3.00 over Mechanic wage U 2li2es C rew L ead +$3.00 over U 2lity I I wage Streets/Parks C rew L ead +$3.00 over Maintenance I I wage 2023 o I ncrease all Maintenance I I and U 2lity I I posi2ons by $0.25 and remove the Maintenance I I I wage category. o I ncrease wages for all Foreman posi2ons to $3.50 over Mechanics base wages o I ncrease all C rew L eader and assigned posi2ons to $3.00 over the base rate in their respec2ve divisions. o T he C ity would like to add an out of class pay for the following du2es: Welding C onfined Space entry Any out of class pay must be pre-approved by the Supervisor or Foreman and will be paid at the C rew L ead pay rate of the individual’s respec2ve base rate o T he C ity would move the equipment listed in the Heavy Equipment category to the Maintenance I I equipment category in the contract. D iscussion items: C I T Y- the City w ill w ork w ith the L ocal 49 on language for the cer2fica2on pay. The City w ould cap the addi2onal earnings for S treets and Parks at $1.50, up from the current .50 for three cer2fica2ons . The City w ould cap M echanics addi2onal earnings at $2.00, up from the current 1.25. U2li2es currently has the opportunity to make an addi2onal $2.00 but that would be difficult to achieve the w ay it is currently s tructured. The C ity would work with the Local 49ers to draJ language as to how they w ould like the addi2onal $2.00 s tructured around the Cer2fica2ons they can achieve. The C ity will work with the local 49ers on M O U language centered around the annual renew al of the Local 49er training center us age and the C ity paying a total of $.10 per hour per employee for a total of $208 per union member. The con2nua2on of this program would be review ed on an annual basis and addressed as an M O U that is updated annually. B udget I ssues: I nclusive C ommunity Engagement: N/A A nracist/Equity Policy Effect: AT TA C H M E N TS : D escrip2on U pload D ate Type 49er C ontract Resolu2on 1/3/2023 Resolu2on Le=er C ontract 1/5/2023 Backup M aterial Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION APPROVING THE LABOR AGREEMENT FOR INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2023-2025. WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City has negotiated in good faith with the IUOE Local 49 (Public Works Maintenance) for a contract for the years 2023, 2024, and 2025 as attached. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center, State of Minnesota, approves the attached contract with the IUOE Local 49 (Public Works Maintenance) for the calendar years 2023-25; and BE IT FURTHER RESOLVED that authorized wage and benefit adjustments not to exceed the maximum contained herein shall become effective according to the schedule of the contract which commenced January 1, 2023 January 9, 2023 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. COUNCIL ITEM MEMORANDUM Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment DATE: January 9, 2023 TO: Dr. Reggie Edwards, City Manager FROM: Elizabeth Heyman, Director of Public Works SUBJECT: Resolution Approving the Contract for International Union of Operating Engineers (IUOE) Local 49 (Public Works Maintenance) and the City of Brooklyn Center for the Calendar years 2023-2025 Recommendation: - Motion to approve a resolution approving the Contract for International Union of Operating Engineers (IUOE) Local 49 (Public Works Maintenance) and the City of Brooklyn Center for Calendar years 2023-2025 Background: The current contract with IUOE Local 49 (Public Works Maintenance) expires on December 31, 2022. The City and the Union have met and negotiated in good faith to reach a settlement on all issues of concern. This Labor agreement covers all the Public Works Maintenance employees for a total of 26 employees. The attached agreement has been approved by a vote of the members and upon adoption by the City Council will establish wages and working conditions for the calendar years 2023-2025. Budget Issues: Overall, the new 2023-2025 contract includes a three percent cost of living adjustment and a one percent market adjustment for each year of the three-year contract. There are also increases to the incentive pay opportunities for each division (i.e. Streets, Parks, and Utilities divisions) that staff can earn for completing certain trainings and certifications. These increases have been accounted for in the 2023 budget. Inclusive Community Engagement: N/A Antracist/Equity Policy Effect: N/A Strategic Priorities and Values: [Select not more than one.]  Enhanced Community Image  Resident Economic Stability COUNCIL ITEM MEMORANDUM Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment  Inclusive Community Engagement  Targeted Redevelopment  Safe, Secure, Stable Community  Key Transportation Investments C ouncil R egular M eeng DAT E:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :J esse A nders on, I nterim C ommunity D evelopment D irector BY:J ason A arsvold, E DA P roject M anagement - Ehlers S U B J E C T:Res olu2on S uppor2ng the A uthority to I mpose a L ocal S ales Tax to fund a S pecific Capital I mprovements P roviding Regional Benefit, to Establis h the D ura2on of the Tax and the Revenue to be rais ed by the Tax, and to A uthorize the C ity to I s s ue Bonds S upported by the S ales Tax Revenue Requested Council A con: - Moon to approve a Resoluon supporng the authority to impose a local sales tax to fund specific capital improvements providing regional benefit, to establish the duraon of the tax and the revenue to be raised by the tax, and to authoriz e the city to issue bonds supported by the sales tax revenue. B ackground: I n 2022, the C ity C ouncil determined a local sales tax s hould provide one component of the funding for an expans ion of the C ommunity C enter. The C ity went through the process in 2022 to es tablish a local sales tax both for the Community Center and for a possible year-round adventure park w ithin the O pportunity S ite. This included pas s age of a res olu2on suppor2ng the tax and purs uit of s pecial legis la2on in January 2022 and working through the legisla2ve process. Because there was no tax bill pas s ed in 2022, the C ity did not receive authoriza2on for the tax. To con2nue purs uing the local sales tax, the City must pas s the resolu2on of s upport again, and go through the legis la2ve proces s again in 2023. Bas ed on feedback received last year through the legis la2ve proces s , and on the evolving nature of the O pportunity S ite project, this year ’s res olu2on and funding reques t includes only the C ommunity C enter Expansion. Cultural Community Wellness C enter The C ity has conducted a mas ter planning proces s to cons ider a new or expanded community center. Components of that proces s have included iden2fying community needs in terms of recrea2on and community center facili2es, as well as a broader look at the surrounding market and poten2al regional demand for community center s pace. A s part of the planning proces s , poten2al partners have been iden2fied which could be leveraged to achieve a larger, more regionally s ignificant, community and wellness center. The C ity completed an ini2al analys is of the spacing needs and poten2al partners, and then moved into a s econd phas e to develop fit plans and more solid cost es 2mates . S everal itera2ons of the plan have been w orked through to find a balance that provides the types of ac2vi2es that will mos t benefit community, will draw outs ide users to the new community center, can be implemented over mul2ple phas es, and ens ures a feas ible and cos t-effec2ve plan. O ne key as pect of the new community center will be that it can s erve as a hos t facility for regional tournaments . Tournaments not only bring new people to the community that generate pos i2ve economic impact, but the revenue generated from tournaments help offset opera2ng costs of such a facility. The C ity has s ubmi=ed an applica2on to the state for bonding dollars to support the build out of a new community center in the amount of $44 million. The total cost of the new community center is es 2mated at roughly $55 million. I t is not likely that the City w ould receive its full reques t of $44 million in state bonding but the sales tax revenue is intended to cover the difference. I n addi2on, the C ity can go in for s tate bonding for the community center over mul2ple years, w ith the hope of genera2ng more funding and reducing the reliance on a local s ales tax. That said, regardless of whether the project receives state bonding or not, the C ity will need to find alternate funding sources, including the local sales tax, to complete the center. N ext S teps The C ouncil is being asked to cons ider a resolu2on w hich w ould s upport a request to the s tate legis lature to authoriz e the City to levy a local sales tax of 0.5 percent. This would generate an es2mated $2.5 million dollars annually bas ed on projec2ons from a s tudy completed by the Univers ity of M N Extens ion office. S ales tax proceeds can be us ed to support regionally significant capital investments such as the C ommunity Center. The alterna2ve to a sales tax w ould be debt s upported 100% w ith a property tax levy on Brooklyn C enter res idents. The local s ales tax op2on w ill provide for revenue collec2on from those outs ide of Brooklyn Center as well as Brooklyn C enter residents . The Univers ity of M N Extens ion office s tudy indicates at leas t 41% of the sales tax revenue will come from those outs ide of Brooklyn C enter. I f the res olu2on this evening is approved, the C ity will submit a formal request for s pecial legis la2on by a January 31 deadline s et by the legisla2ve commi=ees. S taff w ill w ork w ith the C ity ’s lobbyist to follow and track the legis la2on through the process during the s ession. I f the City ’s legisla2on is approved, the sales tax mus t then be approved by the voters in Brooklyn C enter at the next general elec2on. This process would involve an extens ive communica2on and engagement campaign. B udget I ssues: This ac2on w ill have no immediate effect on the budget. I nclusive C ommunity Engagement: I f a s ales tax levy is requested and approved by the state legislature, the community would then be as ked to cons ider a referendum on the ques2on. This phas e of the w ork w ould include significant communica2on about the s ales tax levy and the projects it would support. A nracist/Equity Policy Effect: S trategic Priories and Values: Enhanced Community I mage, Resident Economic S tability AT TA C H M E N TS : D escrip2on U pload D ate Type 2021 C ommunity C enter M aster P lan 1/5/2023 Backup M aterial Res olu2on 1/6/2023 Resolu2on Le=er City of Brooklyn Center Comprehensive Community Center Master Plan ― Preferred Planning Strategy April 15, 2022 $55M Preferred Planning Strategy: Renovation/Expansion Pros: •Renovates existing building to add gyms, pool, community rooms •Shared surface parking is viable onsite (+/-390 spaces) •With phasing strategy meets limits for funding feasibility •Allows for swim meets and court tourneys Cons: •Requires phasing to achieve master plan vision 1 BR291-386-772182.v3 CITY BROOKLYN CENTER, MINNESOTA RESOLUTION NO. _____ RESOLUTION SUPPORTING THE AUTHORITY TO IMPOSE A LOCAL SALES TAX TO FUND SPECIFIC CAPITAL IMPROVEMENTS PROVIDING REGIONAL BENEFIT, ESTABLISHING THE DURATION OF THE TAX AND THE REVENUE TO BE RAISED BY THE TAX, AND AUTHORIZING THE CITY TO ISSUE BONDS SUPPORTED BY THE SALES TAX REVENUE WHEREAS, Minnesota Statutes, Section 297A.99 (the “Local Tax Act”), provides the City of Brooklyn Center, Minnesota (the “City”) with authority to impose a local sales tax if that tax is approved by the voters at a general election and the State Legislature approves the local sales tax through the creation of a special law; and WHEREAS, the Local Tax Act requires the City Council of the City (the “Council”) to adopt a resolution indicating its approval of the tax, outlining the details of the proposed local sales tax, and setting forth the regional significance of the proposed projects prior to submitting the request for a local sales tax to the State Legislature; and WHEREAS, the City has engaged community residents and businesses in order to facilitate strategic investment in the region and community, and proposes to request special legislation to impose a local sales tax in order to raise revenues to fund the following capital project (the “Project”): 1. Community Center Project description: Expand and construct new Cultural Community and Wellness Center, focused on serving the Brooklyn Center community and region. Provide access to a diversity of programming to meet a wide array of age groups and family types. Leverage the City’s existing Olympic-sized pool, one of only three in the state, by expanding aquatic facilities in order to facilitate regional tournaments. Provide sport court space large enough to accommodate regional tournaments for basketball, tennis, volleyball, and other hard court users, in order to generate revenue to support ongoing operations of the center. Projected Project Cost: $55 million WHEREAS, the Project will result in benefits to both the residents and businesses of the City of Brooklyn Center and to non-resident visitors and businesses; and WHEREAS, funding the Project with a local sales tax will more closely distribute the cost of the Projects to the users of the facilities; and WHEREAS, the Project is estimated to cost approximately $55,000,000, plus an amount equal to interest on and the costs of issuance of any bonds; and 2 BR291-386-772182.v3 RESOLUTION NO. _________________ WHEREAS, the City estimates that a local sales tax of one-half of one percent (0.50%) would generate approximately $55,000,000 over 20 years; and WHEREAS, the City has provided documentation of the regional significance of the Project, including the share of the economic benefit to or use of each project by persons residing, or businesses located, outside of the jurisdiction, including but not limited to the materials attached hereto as Exhibit A; and WHEREAS, the Local Tax Act authorizes the imposition of a general sales tax if permitted by special law of the Minnesota Legislature; and WHEREAS, the Local Tax Act requires the City to pass a resolution authorizing such a local tax and to obtain Legislative approval prior to approval by the local voters to enact the local tax; and NOW, THEREFORE, BE IT RESOLVED by the City Council (the “Council”) of the City of Brooklyn Center, Minnesota (the “City”), as follows: 1. The Council supports the authority to impose a general local sales tax of one-half of one percent (0.50%) for a period of 20 years to fund the Project; 2. Upon approval of this resolution, the City will submit the adopted resolution and documentation of regional significance to the chairs and ranking minority members of the House and Senate Taxes committees for approval and passage of a special law authorizing the tax, by January 31 of the year that it is seeking the special law. 3. Upon Legislative approval and passage of the special law authorizing the tax, the City will adopt a resolution accepting the new law, which will be filed with a local approval certificate to the Office of the Secretary of State before the following Legislative session. 4. The City will put a detailed ballot question on a general election ballot for local voter approval of the imposition of the sales tax within two years of receiving legislative authority. 5. If the ballot question passes, the City will also pass an ordinance imposing the tax and notify the commissioner of Revenue at least 90 days before the first day of the calendar quarter that the tax will be imposed. 6. Upon completion of the aforementioned requirements, the local sales tax will commence and run for a period of 20 years or until a sum sufficient to fund the voter-approved project plus amounts sufficient to pay interest on and the costs of issuing any bonds, is raised, whichever comes first. 7. The Council further finds that it is in the best interest of the health, welfare, and safety 3 BR291-386-772182.v3 RESOLUTION NO. _________________ of the City and its residents and it is necessary and expedient to the sound financial management of the affairs of the City that the acquisition and betterment of the Project, or any part thereof, be financed in whole or in part by the issuance and sale of the City’s general obligation bonds pursuant to Minnesota Statutes, Chapter 475, as amended, in one or more series in an aggregate principal amount not to exceed $55,000,000 plus an amount equal to interest and the costs of the issuance of any bonds. The City may accept an offer to purchase the Bonds, and the City may sell the Bonds, at a price that results in the receipt of original issue premium in any amount. Approved by the City Council of the City of Brooklyn Center, Minnesota this 9th day of January, 2023. CITY OF BROOKLYN CENTER, MINNESOTA Mayor Attest: City Clerk Moved: Seconded: Favor: Against: whereupon said resolution was declared duly passed and adopted. A-1 BR291-386-772182.v3 EXHIBIT A DOCUMENTATION OF REGIONAL SIGNIFICANCE 1. Community Center Annually, the Brooklyn Center community center serves a greater percentage of regional visitors versus local. Its central location and excellent access to major freeways make it an easy place to visit. These assets also make it an excellent regional host site for those traveling for sports events, conferences, meetings, expos, activities, and recreation. For approximately the last twelve months, resident versus non-resident usage is as follows: 1. Annual memberships/punch cards (includes Pool passes) a. Resident- (37%) b. Non-Resident-(63%) 2. Banquet/meeting rooms a. Resident- (22%) b. Non-Resident- (78%) 3. Rec Programs a. Resident- (40%) b. Non-Resident-(60%) C ouncil R egular M eeng DAT E:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:Barb S uciu, C ity C lerk/I nterim A s s is tant C ity M anager S U B J E C T:Res olu/on A ppoin/ng Brooklyn C enter Repres enta/ves to Execu/ve C ommi3ee and/or Board of D irectors of the Brooklyn Bridge A lliance for Youth, H ennepin Recycling G roup, L ocal G overnment I nforma/on S ystems, Minneapolis Northwes t Conven/on & V isitors Bureau, North Metro M ayors A ssocia/on, Northw est S uburbs Cable C ommunica/ons C ommis s ion, Pets Under Police S ecurity, and Twin L ake Joint Powers O rganiz a/on Requested Council A con: - Moon to approve the resoluon A ppoinng Brookly n C enter Representaves to Execuve C ommiee and/or Board of D irectors of the Brookly n Bridge A lliance for Youth, H ennepin Recycling G roup, Local G overnment I nformaon S ystems, Minneapolis Northwest C onvenon & V isitors Bureau, North Metro May ors A ssociaon, Northw est S uburbs C able C ommunicaons C ommission, Pets U nder Police S ecurity, and Twin L ake J oint Pow ers Organizaon B ackground: The C ity of Brooklyn C enter has entered into s everal J oint and C oopera/ve A greements w ith various organiza/ons. Each of the joint pow ers agreements have been review ed and the organiz a/ons w hos e agreements provide that appointment of directors be made by the governing body or by C ity C ouncil res olu/on have been iden/fied. S ome of the agreements require annual appointment, s ome provide that a director is appointed un/l s ucceeded, and some provide that a certain posi/on s erve as the repres enta/ve. H ere is the purpos e for each Joint Powers A greement: Brooklyn Bridge A lliance for Youth The purpos e is to create a collabora/ve ini/a/ve through which the par/es may coopera/vely create a community-wide vision that w ill focus on developing a detailed ac/on plan to collaborate in support of pos i/ve youth development opportuni/es for all you in Brooklyn C enter and Brooklyn Park. The A lliance w ill concentrate on encouraging community partners hips that will improve the factors building posi/ve youth development and diminis h or eliminate influences that limit healthy youth development. H ennepin Recycling G roup The purpos e is for the par/es jointly and coopera/vely provide for the efficient and economical collec/on, recycling and disposal of s olid w aste w ithin and without their respec/ve corporate boundaries , all in compliance with the Minnes ota Waste Management A ct, Minnes ota S tatutes, Chapter 115 A . Local G overnment I nforma/on S ys tems The purpos e is to provide for an organiza/on through which the par/es may jointly and coopera/vely provide for the es tablishment, opera/on and maintenance of data proces s ing facili/es and management informa/on s ystems for the use and benefit of the par/es and others. Minneapolis Northwes t Conven/on& V isitors Bureau The government and policy-making responsibili/es of M inneapolis Northw est shall be vested in the Board of D irectors , which shall control its property, be res pons ible for its finances , direct its affairs and establis h policy. I t s hall be the obliga/on of the Board of D irectors to ins ure repres enta/on on the Board and its commi3ees from all appropriate s takeholders w ithin its s ervice area. North Metro M ayors A ssocia/on The purpos e of the Coali/on is to promote trans porta/on and economic development and to assist governmental units in providing government s ervices and conduc/ng government func/ons effec/vely and efficiently. Northw est S uburbs Cable C ommunica/ons Commission The general purpose is to establis h an organiz a/on to s tudy, prepare, adopt, grant, transfer, renew, adminis ter and enforce a cable commission franchise(s ), and to s tudy and make recommenda/ons as neces s ary, regarding other telecommunica/ons issues , in member municipali/es in the Northw est S uburbs of H ennepin C ounty, M innesota. Pets U nder Police S ecurity The purpos e is to create an organiza/on by w hich the par/es may jointly and coopera/vely provide for the efficient and economical impoundment of animals coming into their posses s ion in the cours e of the conduct of municipal animal control programs in a jointly ow ned and operated animal control impound facility. Twin L ake Joint Powers O rganiz a/on The purpos e is for all par/es find that there is a need for local regula/on of ac/vi/es on Twin L akes and for coordinated and coopera/ve law enforcement on the L akes . The appointments for 2021 will be forthcoming. B udget I ssues: There are no budget is s ues to consider. I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: S trategic Priories and Values: Enhanced Community I mage, O pera/onal Excellence AT TA C H M E N TS : D escrip/on U pload D ate Type Res olu/on 1/6/2023 Backup M aterial Member introduced the following resolution and moved its adoption: CITY OF BROOKLYN CENTER RESOLUTION NO._______________ RESOLUTION APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, MINNEAPOLIS NORTHWEST CONVENTION & VISITORS BUREAU, NORTH METRO MAYORS ASSOCIATION, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION, PETS UNDER POLICE SECURITY, AND TWIN LAKES JOINT POWERS ORGANIZATION WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of the Brooklyn Bridge Alliance for Youth on November 24, 2008, and Article III, Section 3.2, of the joint powers agreement states that each member appoints one member of its governing body as a voting Director, one Alternate Director, one Director from the City’s Police Department, and one Director from the City’s Parks and Recreation Department; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Hennepin Recycling Group on August 1, 1988, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Local Government Information Systems (LOGIS), on May 1, 1972, and Article IV, Section 1, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the North Metro Convention and Tourism Bureau, now known as Minneapolis Northwest Convention & Visitors Bureau, on September 8, 1986, and Article IV, Section 2, of the bylaws states that each member City may appoint one Director and one Alternate Director to the Board of Directors. WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of the North Metro Mayors Association on June 26, 1989, and the joint powers agreement states that the governing body of a member appoints two directors, one of whom shall be the City Manager or other designee; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Northwest Suburbs Cable Communications Commission on September 24, 1979, and Article VI, Section 1, of the joint powers agreement states that the City Council of a member appoints Commissioners; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Pets Under Police Security (PUPS) on September 10, 1990, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and RESOLUTION NO.______________ WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Twin Lakes Joint Powers Organization on January 14, 1991, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved: Brooklyn Bridge Alliance for Youth, Member April Graves Brooklyn Bridge Alliance for Youth, Alternate Member Marquita Butler Brooklyn Bridge Alliance for Youth, Police Kellace McDaniel Brooklyn Bridge Alliance for Youth, Parks and Recreation Cordell Wiseman Hennepin Recycling Group, Director Reggie Edwards Hennepin Recycling Group, Alternate Director Liz Heyman Local Government Information Systems (LOGIS), Director Reggie Edwards Local Government Information Systems (LOGIS), Alternate Director Kao Yang Minneapolis Northwest Convention & Visitors Bureau, Director April Graves Minneapolis Northwest Convention & Visitors Bureau, Alternate Director Cordell Wiseman North Metro Mayors Association, Director – City Manager Reggie Edwards North Metro Mayors Association, Director April Graves Northwest Suburbs Cable Communications Commission, Council Kris Lawrence-Anderson Northwest Suburbs Cable Communications Commission, Resident Darryl Sannes Pets Under Police Security, Director Richard Gabler Pets Under Police Security, Alternate Director Garett Flesland Twin Lakes Joint Powers Organization, Director Tony Gruenig Twin Lakes Joint Powers Organization, Alternate Director Rick Gabler January 9, 2023 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:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :Elizabeth H eyman, P ublic Works D irector BY:J ames S ol1s , P.E., A s s is tant C ity Engineer S U B J E C T:Res olu1on D eclaring Costs to be A s s essed and C alling for a P ublic H earing on P ropos ed S pecial A sses s ments for I mprovement P roject No. 2023-03, 51st Avenue I mprovements Requested Council A con: - M oon to approve a r esoluon declar ing costs to be assessed and calling for a public hearing on proposed special assessments for I mprovement P roject No. 2023-03, 51st Avenue I mprovements. B ackground: This project was es tablished by the C ity Council on J uly 25, 2022, by Resolu1on 2022-70, for the area commonly referred to as the 51s t Avenue I mprovements . This ac1on was taken in accordance w ith the Capital I mprov ement P rogram (C I P ), w hich iden1fies 51s t Avenue for impr ovements dur ing the 2023 cons truc1on s eas on. O n S eptember 26, 2022, the C ity C ouncil received the project feasibility report and an improvement public hearing w as conducted on O ctober 24, 2022, to cons ider these improvements . The a@ached res olu1on declares certain project costs to be asses s ed for the 51s t Av enue I mprovements and calls for a public hearing on the propos ed special as s essments on February 13, 2023. The purpose of holding the special as s es s ment hear ing prior to beginning the pr oject is to as s ur e that any objec1ons to or appeals of the as s es s ments ar e know n prior to enter ing into a cons truc1 on contract or is s uing bonds to finance the as s es s ed por 1on of the project. The establis hed as s essment r ate w ould s et the maximum levy amounts , guaranteeing property ow ners of the final cost they w ill pay for the pr oject. S pecial asses s ments for this project have been calculated in accordance w ith the C ity ’s S pecial A s s essment Policy. B udget I ssues: The total project cost for the 51s t Avenue I mprovements is es 1mated to be $380,000. The total special asses s ments for this project are es 1mated to be $95,150 for street improvements . F unding s ources for the project are budgeted from s ources as des cribed in the project feas ibility report previously accepted by the City C ouncil on S eptember 26, 2022. T he s pecial asses s ment rates are propos ed to be adopted by the City C ouncil on N ovember 14, 2022, and funding s ource amounts that are included in the feasibility report are amended as follows as a result of minor special as s essment revis ions : Feas ibility Report (9/19/22) A mended (11/7/22) S pecial A sses s ments $ 97,850.00 $ 95,150.00 S anitary S ew er U1lity F und $ 10,000.00 $ 10,000.00 Water U 1lity F und $ 10,000.00 $ 10,000.00 S torm D rainage U 1lity F und $ 70,000.00 $ 70,000.00 S treet Light U1lity F und $ 20,000.00 $ 20,000.00 S treet Reconstruc1on F und $ 172,150.00 $ 174,850.00 Total $ 380,000.00 $ 380,000.00 I nclusive C ommunity Engagement: S taff conducted a public infor ma1onal mee1 ng with r es idents and property owners on S eptember 15, 2022. A n I mpr ovement P ublic H ear ing was held on O ctober 2 4 , 2022 to receive public comments pertaining to the propos ed improvements. A nracist/Equity Policy Effect: N/A S trategic Priories and Values: Key Transporta1on I nvestments AT TA C H M E N TS : D escrip1on U pload D ate Type 51st D eclaring Costs and Calling A sses s ment P H Resolu1on 1/4/2023 Resolu1on Le@er Member introduced the following resolution and moved its adoption: RESOLUTION NO._______________ RESOLUTION DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2023-03, 51ST AVENUE IMPROVEMENTS WHEREAS, the Brooklyn Center City Council has accepted the Engineer’s Feasibility Report for Improvement Project No. 2023-03, 51st Avenue Improvements; and WHEREAS, the total cost of the street improvement portion of said project is estimated to be $270,000; and WHEREAS, the City Clerk and City Engineer have prepared a proposed assessment roll showing the proposed amount to be specifically assessed for such improvement against every assessable lot, piece, or parcel of land within th e district affected, without regard to cash valuation, as provided by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. That portion of the cost to be assessed against benefited property owners for street improvements included in City Improvement Project No. 2023-03 is declared to be $95,150.00. 2. Notice is hereby given that a public hearing will be held on the 13th day of February, 2023, at 7:00 p.m. or as soon thereafter as part of the regular City Council meeting as the matter may be heard to pass upon said assessment and at such time and place all persons owning property affected by said improvements will be given the opportunity to be heard with reference to said assessment. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. January 9, 2023 Date Mayor ATTEST: RESOLUTION NO. _______________ 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:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :Elizabeth H eyman, D irector of P ublic Works BY:J ames S ol2s , P.E., A s s is tant C ity Engineer S U B J E C T:Res olu2on D eclaring Costs to be A s s essed and C alling for a P ublic H earing on P ropos ed S pecial A sses s ments for I mprovement P roject No. 2023-01, Knox, James , and 54th A rea I mprovements Requested Council A con: - M oon to approve a r esoluon declar ing costs to be assessed and calling for a public hearing on proposed special assessments for I mprovement P roject No. 2023-01, K nox, J ames, and 54th A rea I mprovements. B ackground: This project was es tablished by the C ity Council on J uly 25, 2022, by Resolu2on 2022-70, for the area commonly referred to as the Knox, J ames, and 54th A rea I mprov ements . T his ac2on was taken in accordance w ith the C apital I mprovement P rogram (C I P ), which iden2fies this area for improvements during the 2 0 2 3 construc2on s eas on. O n S eptember 2 6 , 2022, the C ity C ouncil receiv ed the project feas ibility report and an impr ovement public hearing was conducted on O ctober 2 4 , 2022, to consider thes e improvements . The aBached res olu2on declares cer tain pr oject costs to be as s essed for the Knox, James , and 54th A rea I mprovements and calls for a public hearing on the proposed s pecial asses s ments on February 13, 2023. The purpose of holding the special as s es s ment hear ing prior to beginning the pr oject is to as s ur e that any objec2ons to or appeals of the as s es s ments ar e know n prior to enter ing into a cons truc2 on contract or is s uing bonds to finance the as s es s ed por 2on of the project. The establis hed as s essment r ate w ould s et the maximum levy amounts , guaranteeing property ow ners of the final cost they w ill pay for the pr oject. S pecial asses s ments for this project have been calculated in accordance w ith the C ity ’s S pecial A s s essment Policy. B udget I ssues: The total pr oject cos t for the Knox, James , and 54th A r ea I mprovements is es2mated to be $1,170,000. The total special as s essments for this project are es2mated to be $258,808 for s treet improvements. F unding s ources for the project are budgeted from s ources as des cribed in the project feas ibility report previously accepted by the City C ouncil on S eptember 26, 2022. T he s pecial asses s ment rates are propos ed to be adopted by the City C ouncil on N ovember 14, 2022, and funding s ource amounts that are included in the feasibility report are amended as follows as a result of minor special as s essment revis ions : Feas ibility Report (9/19/22) A mended (11/7/22) S pecial A sses s ments $ 266,152.00 $ 258,808.00 S anitary S ew er U2lity F und $ 30,000.00 $ 30,000.00 Water U 2lity F und $ 100,000.00 $ 100,000.00 S torm D rainage U 2lity F und $ 250,000.00 $ 250,000.00 S treet Reconstruc2on F und $ 523,848.00 $ 531,192.00 Total $1,170,000.00 $ 1,170,000.00 I nclusive C ommunity Engagement: S taff conducted a public infor ma2onal mee2 ng with r es idents and property owners on S eptember 15, 2022. A n I mpr ovement P ublic H ear ing was held on O ctober 2 4 , 2022 to receive public comments pertaining to the propos ed improvements. A nracist/Equity Policy Effect: N/A S trategic Priories and Values: Key Transporta2on I nvestments AT TA C H M E N TS : D escrip2on U pload D ate Type Knox J ames 54th D eclaring Costs and Calling A sses s ment P H Res olu2on 1/4/2023 Resolu2on LeBer Member introduced the following resolution and moved its adoption: RESOLUTION NO._______________ RESOLUTION DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2023-01, KNOX, JAMES, AND 54TH AREA IMPROVEMENTS WHEREAS, the Brooklyn Center City Council has accepted the Engineer’s Feasibility Report for Improvement Project No. 2023-01, Knox, James, and 54th Area Improvements; and WHEREAS, the total cost of the street improvement portion of said project is estimated to be $790,000; and WHEREAS, the City Clerk and City Engineer have prepared a proposed assessment roll showing the proposed amount to be specifically assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. That portion of the cost to be assessed against benefited property owners for street improvements included in City Improvement Project No. 2023-01 is declared to be $258,808. 2. Notice is hereby given that a public hearing will be held on the 13th day of February, 2023, at 7:00 p.m. or as soon thereafter as part of the regular City Council meeting as the matter may be heard to pass upon said assessment and at such time and place all persons owning property affected by said improvements will be given the opportunity to be heard with reference to said assessment. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. January 9, 2023 RESOLUTION NO. _______________ 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:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :Elizabeth H eyman, D irector of P ublic Works BY:J ames S ol2s , P.E., A s s is tant C ity Engineer S U B J E C T:Res olu2on D eclaring Costs to be A s s essed and C alling for a P ublic H earing on P ropos ed S pecial A sses s ments for I mprovement P roject No. 2023-02, 50th Avenue I mprovements Requested Council A con: Mo2on to approv e a res olu2on declar ing costs to be asses s ed and calling for a public hearing on propos ed s pecial asses s ments for I mprovement P roject No. 2023-02, 50th Avenue I mprovements. B ackground: This project was es tablished by the C ity Council on J uly 25, 2022, by Resolu2on 2022-70, for the area commonly referred to as the 50th Avenue I mprovements . This ac2on was taken in accordance w ith the Capital I mprovement P rogram (C I P ), w hich iden2fies 50th Avenue for impr ovements dur ing the 2023 cons truc2on s eas on. O n S eptember 26, 2022, the C ity C ouncil received the project feasibility report and an improvement public hearing w as conducted on O ctober 24, 2022, to cons ider these improvements . The a@ached res olu2on declares certain project costs to be asses s ed for the 50th Avenue I mprovements and calls for a public hearing on the propos ed special as s essments on February 13, 2023. The purpose of holding the special as s es s ment hear ing prior to beginning the pr oject is to as s ur e that any objec2ons to or appeals of the as s es s ments ar e know n prior to enter ing into a cons truc2 on contract or is s uing bonds to finance the as s es s ed por 2on of the project. The establis hed as s essment r ate w ould s et the maximum levy amounts , guaranteeing property ow ners of the final cost they w ill pay for the pr oject. S pecial asses s ments for this project have been calculated in accordance w ith the C ity ’s S pecial A s s essment Policy. B udget I ssues: The total project cost for the 50th Av enue I mprovements is es2mated to be $4 1 0 ,000. The total special asses s ments for this project are es 2mated to be $52,265.67 for s treet improvements. F unding s ources for the project are budgeted from s ources as des cribed in the project feas ibility report previously accepted by the City C ouncil on S eptember 26, 2022. T he s pecial asses s ment rates are propos ed to be adopted by the City C ouncil on N ovember 14, 2022, and funding s ource amounts that are included in the feasibility report are: Feas ibility Report (9/19/22) S pecial A sses s ments $ 52,265.67 S anitary S ew er U2lity F und $ 20,000.00 Water U 2lity F und $ 160,000.00 S torm D rainage U 2lity F und $ 40,000.00 S treet Reconstruc2on F und $ 137,734.33 Total $ 410,000.00 I nclusive C ommunity Engagement: S taff conducted a public infor ma2onal mee2 ng with r es idents and property owners on S eptember 15, 2022. A n I mpr ovement P ublic H ear ing was held on O ctober 2 4 , 2022 to receive public comments pertaining to the propos ed improvements. A nracist/Equity Policy Effect: N/A S trategic Priories and Values: Key Transporta2on I nvestments AT TA C H M E N TS : D escrip2on U pload D ate Type 50th D eclaring Costs and Calling A sses s ment P H Resolu2on 1/4/2023 Resolu2on Le@er Member introduced the following resolution and moved its adoption: RESOLUTION NO._______________ RESOLUTION DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2023-02, 50TH AVENUE IMPROVEMENTS WHEREAS, the Brooklyn Center City Council has accepted the Engineer’s Feasibility Report for Improvement Project No. 2023-02, 50th Avenue Improvements; and WHEREAS, the total cost of the street improvement portion of said project is estimated to be $190,000; and WHEREAS, the City Clerk and City Engineer have prepared a proposed assessment roll showing the proposed amount to be specifically assessed for such improvement against every assessable lot, piece, or parcel of land within th e district affected, without regard to cash valuation, as provided by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. That portion of the cost to be assessed against benefited property owners for street improvements included in City Improvement Project No. 2023-02 is declared to be $52,265.67. 2. Notice is hereby given that a public hearing will be held on the 13th day of February, 2023, at 7:00 p.m. or as soon thereafter as part of the regular City Council meeting as the matter may be heard to pass upon said assessment and at such time and place all persons owning property affected by said improvements will be given the opportunity to be heard with reference to said assessment. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. January 9, 2023 Date Mayor ATTEST: RESOLUTION NO. _______________ 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:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:D r. Reggie Edwards S U B J E C T:Res olu+on A uthoriz ing the Release of S e/lement F unds in the M a/er of A layna A lbrecht- Payton vs . K imberly A nn Po/er in the C ity of Brooklyn C enter Requested Council A con: A uthorize Release of S e/lement F unds in the M a/er of A layna A lbrecht-Patyon vs . K imberly A nn Po/er and the C ity of Brooklyn C enter. B ackground: O n A pril 11, 2021, D aunte Wright was s hot and killed by a C ity of Brooklyn C enter Police O fficer while driving in his vehicle. A layna A lbrecht-Payton (“A lbrecht-Payton”) was a pas s enger in the vehicle driven by D aunte Wright during the A pril 11, 2021 incident. A rising out of the A pril 11, 2021 incident, A layna A lbrecht-Payton commenced li+ga+on in H ennepin County D istrict Court, which cas e is en+tled A layna A lbrecht-Payton, P lainff, vs. K imberly A nn Poer and the C ity of Brooklyn C enter, a municipal corporaon, D efendants (Court F ile No. 27-cv-22-11348). Representa+ves for the City of Brooklyn Center (the “C ity ”) and A lbrecht-Payton have nego+ated a tenta+ve se/lement of the above-referenced H ennepin County D istrict Court ma/er, for w hich the C ity w ould be responsible for payment to A lbrecht-Payton, or her other designated repres enta+ve, in the amount of $130,000 (“S e/lement F unds”). I n considera+on of payment of the S e/lement F unds by the City, A lbrecht-Payton will dismis s the above- referenced H ennepin C ounty D is trict C ourt ma/er and execute a releas e of all claims releas ing the City, K imberly A nn Po/er and the C ity ’s member agencies, law enforcement officers, officers, directors, officials , a/orneys , principals, repres enta+ves, ins urers, adminis trators, executors, s uccessors , as s igns, employees and agents ; and The se/lement will not and cannot become final un+l the C ity has authoriz ed the releas e of the S e/lement F unds and A lbrecht-Payton has executed a release of all claims and other associated documents, including a dis missal of the H ennepin County D istrict Court ma/er; and T he C ity C ouncil determines it is in the best interests of the public and the C ity ’s taxpayers to approve the release of the Se/lement Funds and bring an end to the li+ga+on. B udget I ssues: $130,000 I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: 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 1/6/2023 Cover Memo 1 Member __________ introduced the following resolution and moved its adoption: RESOLUTION NO. 2022-___ RESOLUTION AUTHORIZING THE RELEASE OF SETTLEMENT FUNDS IN THE MATTER OF ALAYNA ALBRECHT-PAYTON VS. KIMBERLY ANN POTTER AND THE CITY OF BROOKLYN CENTER. WHEREAS, on April 11, 2021, Daunte Wright was shot and killed by a City of Brooklyn Center Police Officer while driving in his vehicle; and WHEREAS, Alayna Albrecht-Payton (“Albrecht-Payton”) was a passenger in the vehicle driven by Daunte Wright during the April 11, 2021 incident; and WHEREAS, arising out of the April 11, 2021 incident, Alayna Albrecht-Payton commenced litigation in Hennepin County District Court, which case is entitled Alayna Albrecht-Payton, Plaintiff, vs. Kimberly Ann Potter and the City of Brooklyn Center, a municipal corporation, Defendants (Court File No. 27-cv-22-11348); and WHEREAS, representatives for the City of Brooklyn Center (the “City”) and Albrecht- Payton have negotiated a tentative settlement of the above-referenced Hennepin County District Court matter, for which the City would be responsible for payment to Albrecht-Payton, or her other designated representative, in the amount of $130,000 (“Settlement Funds”); and WHEREAS, in consideration of payment of the Settlement Funds by the City, Albrecht- Payton will dismiss the above-referenced Hennepin County District Court matter and execute a release of all claims releasing the City, Kimberly Ann Potter and the City’s member agencies, law enforcement officers, officers, directors, officials, attorneys, principals, representatives, insurers, administrators, executors, successors, assigns, employees and agents; and WHEREAS, the settlement will not and cannot become final until the City has authorized the release of the Settlement Funds and Albrecht-Payton has executed a release of all claims and other associated documents, including a dismissal of the Hennepin County District Court matter; and WHEREAS, the City Council determines it is in the best interests of the public and the City’s taxpayers to approve the release of the Settlement Funds and bring an end to the litigation. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. The City Council hereby approves and authorizes the release of Settlement Funds in the amount of $130,000; 2 2. The Mayor, City Manager and City Attorney are hereby authorized and directed to take any and all additional steps and actions necessary or convenient to finalize the appropriate documents and/or agreements to facilitate the settlement of this matter as provided herein. January 9, 2023 Date April Graves, 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 EXPRESSING RECOGNITION AND APPRECIATION OF APRIL GRAVES FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER WHEREAS, April Graves has served as a member of the Brooklyn Center Council from January 1, 2015, through December 31, 2022; and WHEREAS, her service to the City and her leadership have contributed substantially to the progress and development of the city; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is appropriate that her service and achievements for the city be permanently recognized and expressed. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, that April Graves is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as an expression of gratitude for the leadership and service she has rendered and the civic effort she has secured to the citizens of the City of Brooklyn Center. January 9, 2023 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:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:A ngela H olm, F inance D irector S U B J E C T:Res olu,ons A pproving U,lity Rates for 2023 Requested Council A con: - Moon to: Open the public hearing; Take public input; and C lose the public hearing - Moon to approve: Resoluon for 2023 Water U lity Rates Resoluon for 2023 S anitary S ewer U lity Rates Resoluon for 2023 S torm S ewer U lity Rates Resoluon for 2023 S treet L ight Rates Resoluon for 2023 Recy cling Rates B ackground: At the November 21, 2022, joint work ses s ion of the C ity C ouncil and F inancial C ommis s ion, staff presented the expected expenditures for opera,on of the City ’s u,lity services for 2023. The expenditures include total direct and indirect cos ts including deprecia,on of capital assets and administra,ve cos ts . A long w ith thos e costs are projec,ons of the revenues needed for 2023 and for the next fi8een years to keep opera,ons running s moothly and fund the infras tructure improvements needed in each of the u,lity s ystems. The cas h flow analysis for each of the five u,li,es indicate an,cipated rate changes neces s ary to maintain sufficient cas h balances during the cons truc,on of the u,lity improvements as s ociated w ith the City ’s 15-year C apital I mprovement P lan (C I P ). For 2023, rate increases are propos ed Water, S anitary S ewer, S torm S ewer, S treet L ight, and Recycling u,li,es in order to maintain cas h res erves , fund normal opera,ons , pay for debt service and finance infras tructure improvements. Rates for the various u,li,es for 2023 are shown in comparis on to 2022 below: F und D escripon 2022 R ate 2023 R ate C hange Water Base Charge - Residen,al (quarterly ) $19.01 $20.5 3 $1.52 / quarter Tier I (0 - 30 gallons) $0 .25 / 1 ,000 gallons C ons ump,on Charge - Res iden,al M eters T ier I I (3 1 - 6 0 gallons ) Tier I I I (6 1 and greater) $3.17 3.95 5.90 $3 .42 4.2 7 6.3 7 $0 .32 / 1 ,000 gallons $0 .47 / 1 ,000 gallons C ons ump,on Charge - Non-residen,al (Per 1,000 gallons )$4.18 $4 .51 $0 .33 / 1 ,000 gallons S anit ary S ewer Bas e C harge (quarterly )$98.27 $1 0 3 .19 $4.92 / quarter C ons ump,on Charge - Non-residen,al (Per 1 ,000 gallons)$4.15 $4 .35 $0 .20 / 1 ,000 gallons S torm S ewer Bas e C harge (quarterly )$17.10 $18.3 0 $1.20 / quarter S tre e t L ight Bas e C harge (quarterly )$6.55 $6 .88 $0.33 / quarter Recycling Bas e C harge (quarterly )$11.98 $12.1 0 $0.12 / quarter A comparison of quarterly u,lity billing rates for a hous ehold using 18,000 gallons of water (cons idered the typical res iden,al user) is shown below : F und 2022 B ill 2023 B ill $ C hange/quarter Water $76.07 $8 2 .09 $6.02 S anit ary S ewer 98.27 1 0 3 .19 4.92 S torm S ewer 17.10 18.3 0 1.20 S tre e t L ight 6.55 6 .88 0.33 Recycling 11.98 12.1 0 0.12 Total $209.97 $222.5 6 $12.59 The propos ed rates w ould become effec,ve for billings dated a8er January 9, 2023. City Code s ec,ons 11.02 and 11.06 require a no,ce and hearing prior to the City Council seIng new u,lity rates. The P ublic H earing No,ce w as published in the Brooklyn C enter Post on D ecember 29, 2022. B udget I ssues: The rates have been incorporated into the 2023 Budget. I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: 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 - 2023 Water U ,lity Rates 1/5/2023 Resolu,on LeJer Res olu,on - 2023 S anitary S ew er Rates 1/5/2023 Resolu,on LeJer Res olu,on - 2023 S torm S ew er Rates 1/5/2023 Resolu,on LeJer Res olu,on - 2023 S treet Light Rates 1/5/2023 Resolu,on LeJer Res olu,on - 2023 Recycling Rates 1/5/2023 Resolu,on LeJer U ,lity Rate M emorandum 1/5/2023 Cover Memo Member _____________________________ introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION ADOPTING 2023 WATER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the “Public Utility Rate Schedule” and shall be adopted by resolution of the City Council; and WHEREAS, the City Council has reviewed data provided on delinquent utility charges. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Water Utility rates, fees and charges are hereby adopted and shall be effective for all billings issued on or after January 09, 2023. 2023 WATER UTILITY RATE SCHEDULE Water Rates, Fees and Charges Base Rate Year 2023 $4.51 per 1,000 Gallons Quarterly Minimum Rate Meter Size 2023 Quarterly Minimum Charge 1” $ 59.65 1 ½" $ 76.70 2” $ 149.14 3” $ 298.33 4” $ 502.90 6” $ 1,150.71 8” $ 2,179.38 10” $ 2,905.85 Water Conservation Rate Meter Size Base Charge (minimum charge per quarter) 5/8” and 3/4” $ 20.53 Thousands of Gallons Consumption Charge (per 1,000 gallons used) 0 to 30 $ 3.42 31 to 60 $ 4.27 61 and greater $ 6.37 Fees RESOLUTION NO. ______________ Water Meter Charge 5/8” or 3/4” $149.00 Water Meter Charge Larger than 3/4” Actual Cost + $2.00 Other Charges Delinquent account, quarterly charge No Additional Charge Certification for collection with property taxes (Utility accounts with an outstanding balance owed of $200.00 or greater) $50.00 Fire Service Line Charge $ 12.50 per quarter January 09, 2023 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 ADOPTING 2023 SEWER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the “Public Utility Rate Schedule” and shall be adopted by resolution of the City Council; and WHEREAS, the City Council has reviewed data provided on delinquent utility charges. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Sewer Utility rates, fees and charges are hereby adopted and shall be effective for all billings issued on or after January 09, 2023. 2023 SEWER UTILITY RATE SCHEDULE Sewer Rates, Fees and Charges Base Rate Quarterly Residential (Minimum quarterly charge) Single Family Apartment Senior Citizen Year 2023 $103.19 $72.22 $56.74 Non-Residential Rate Year 2023 $4.35 per 1,000 Gallons Fees SAC Charge set by MCES Fee Established by MCES Charges Delinquent account, quarterly charge No Additional Charge Certification for collection with property taxes (Utility accounts with an outstanding balance owed of $200.00 or greater) $50.00 Line cleaning charge Labor, materials, equipment and overhead Sanitary Sewer Connection Established annually by resolution January 09, 2023 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 ADOPTING 2023 STORM SEWER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the “Public Utility Rate Schedule” and shall be adopted by resolution of the City Council; and WHEREAS, the City Council has reviewed data provided on delinquent utility charges. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center that the following Storm Sewer Utility rates and charges are hereby continued and shall be effective for all billings issued on or after January 09, 2023. 2023 STORM SEWER UTILITY RATE SCHEDULE Storm Sewer Rates and Charges Quarterly Rates per Acre 2023 Minimum Quarterly Charge Base Rate $ 73.17 Cemeteries and Golf Courses $ 18.29 Parks $ 36.59 Single Family, Duplex, Townhouse $ 18.30/lot School, Government Buildings $ 91.47 Multiple Family, Churches $ 219.54 Commercial, Industrial $ 365.90 Vacant Land As Assigned Charges Delinquent account, quarterly charge No Additional Charge Certification for collection with property taxes (Utility accounts with an outstanding balance owed of $200.00 or greater) $50.00 Private facility cleaning charge Labor, materials, equipment and overhead January 09, 2023 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 ADOPTING 2023 STREET LIGHT RATES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the “Public Utility Rate Schedule” and shall be adopted by resolution of the City Council; and WHEREAS, the City Council has reviewed data provided on delinquent utility charges. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Street Light Utility rates and charges are hereby adopted and shall be effective for all billings issued on or after January 09, 2023. 2023 STREET LIGHT UTILITY RATE SCHEDULE Street Light Rates and Charges Quarterly Rates Customer 2023 Minimum Quarterly Charge Per Dwelling Unit: Single, Double and Multiple Family Residential $6.88 Per Acre: Parks $10.90 Schools, Government Buildings, Churches $21.80 Retail and Service-Office $32.69 Commercial and Industrial $32.69 Vacant Land and Open Space As Assigned Charges Delinquent account, quarterly charge No Additional Charge Certification for collection with property taxes (Utility accounts with an outstanding balance owed of $200.00 or greater) $50.00 January 09, 2023 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 ESTABLISHING 2023 RECYCLING RATES AND CHARGES WHEREAS, the City of Brooklyn Center is a member of the Hennepin Recycling Group (HRG), which is a joint powers group organized pursuant to Minnesota Statutes Section 471.59 (1987); and WHEREAS, the purpose of the joint powers agreement is to create an organization by which member cities may jointly and cooperatively provide for the efficient and economical collection, recycling and disposal of solid waste within and without their respective corporate boundaries in compliance with the Minnesota Waste Management Act, Minnesota Statutes Chapter 115A (1987); and WHEREAS, the HRG has established a curbside recycling program for its member cities to meet the requirements of Hennepin County Ordinance No. 13, Solid Waste Source Separation for Hennepin County; and WHEREAS, the City of Brooklyn Center must establish rates to fund the City’s curbside recycling program and the cost for projected reimbursement of recycling charges from the HRG along with other program operating charges; and WHEREAS, the recycling program includes a bi-annual curbside cleanup; and WHEREAS, the City Council has reviewed data provided on delinquent utility charges; and WHEREAS, Brooklyn Center Ordinance No. 89-11 authorizes the City to establish rates for recycling services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the recycling charges shall be as follows for all billings issued on or after January 09, 2023: 2023 RECYCLING UTILITY RATE SCHEDULE Recycling Rates and Charges Minimum Charge per Household per quarter: $12.34 per quarter Charges Delinquent account, quarterly charge No Additional Charge Certification for collection with property taxes (Utility accounts with an outstanding balance owed of $200.00 or greater) $50.00 January 09, 2023 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. COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust DATE: January 9, 2023 TO: Dr. Reginald Edwards, City Manager FROM: Angela Holm, Finance Director SUBJECT: Public Hearing on Proposed Utility Rates for 2023 Recommendation: It is recommended that the City Council, following a public hearing, consider approval of the attached resolutions setting rates for City provided utility services for 2023. Background: At the November 21, 2022 joint work session of the City Council and Financial Commission, staff presented the expected expenditures for operation of the City’s utility services for 202 3. The expenditures include total direct and indirect costs including depreciation of capital assets and administrative costs. Along with those costs are projections of the revenues needed for 2023 and for the next fifteen years to keep operations running smoothly and fund the infrastructure improvements needed in each of the utility systems. The cash flow analysis for each of the five utilities indicate anticipated rate changes necessary to maintain sufficient cash balances during the construction of the utility improvements associated with the City’s 15-year Capital Improvement Plan (CIP). For 2023, rate increases are proposed Water, Sanitary Sewer, Storm Sewer, Street Light, and Recycling utilities in order to maintain cash reserves, fund normal operations, pay for debt service and finance infrastructure improvements. Rates for the various utilities for 2023 are shown in comparison to 2022 below: Fund Description 2022 Rate 2023 Rate Change Water Base Charge - Residential (quarterly) $19.01 $20.53 $1.52 / quarter Consumption Charge - Residential Meters Tier I (0 - 30 gallons) Tier II (31 - 60 gallons) Tier III (61 and greater) $3.17 3.95 5.90 $3.42 4.27 6.37 $0.25 / 1,000 gallons $0.32 / 1,000 gallons $0.47 / 1,000 gallons Consumption Charge - Non-residential (Per 1,000 gallons) $4.18 $4.51 $0.33 / 1,000 gallons Sanitary Sewer Base Charge (quarterly) $98.27 $103.19 $4.92 / quarter Consumption Charge - Non-residential (Per 1,000 gallons) $4.15 $4.35 $0.20 / 1,000 gallons Storm Sewer Base Charge (quarterly) $17.10 $18.30 $1.20 / quarter Street Light Base Charge (quarterly) $6.55 $6.88 $0.33 / quarter Recycling Base Charge (quarterly) $11.98 $12.10 $0.12 / quarter COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust A comparison of quarterly utility billing rates for a household using 18,000 gallons of water (considered the typical residential user) is shown below: Fund 2022 Bill 2023 Bill $ Change/quarter Water $76.07 $82.09 $6.02 Sanitary Sewer 98.27 103.19 4.92 Storm Sewer 17.10 18.30 1.20 Street Light 6.55 6.88 0.33 Recycling 11.98 12.10 0.12 Total $209.97 $222.56 $12.59 The proposed rates would become effective for billings dated after January 9, 2023. City Code sections 11.02 and 11.06 require a notice and hearing prior to the City Council setting new utility rates. The Public Hearing Notice was published in the Brook lyn Center Post on December 29, 2022. Strategic Priorities:  Safe, Secure, Stable Community C ouncil R egular M eeng DAT E:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:M ayor A pril G raves S U B J E C T:A ppointment to C ity C ommis s ions Requested Council A con: - Moon to approve the appointments to the C ity C ommissions B ackground: A .r reviewing all applica/ons and working collabora/vely with staff commission liais ons , here are the the s uggested appointments to city commis s ions : F inancial C ommission Ros e Keller Leonard Brow n Yolanda H unter Chris /an Paes e H ousing C ommission Eliz abeth Riel H as hep S eka-Nygaard Parks & Recreaon Travis Bonovs ky G ail Ebert Bud S orenson Joe Younglove Jennifer Umolac Noah Jeffrey Planning C ommission S tephen S chonning Peter O mari Randy C hristens en S tan L eino A lejandro Koenig S tephanie J ones Paris D unn B udget I ssues: None I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: N/A S trategic Priories and Values: I nclusive C ommunity Engagement, O pera/onal Excellence Council/E D A Work S ession City Hall Council Chambers J anuary 9, 2023 AGE NDA AC T I V E D I S C US S IO N I T E M S 1.Discussion of S upport of a Resolution for Minnesota Health Plan and Federal Medicare for A ll A ct Consider S upport of the Minnesota Health Plan and Federal Medicare F or All Act P E ND I NG L I S T F O R F UT URE WO RK S E S S IO NS 1.Upcoming I tems Grant Discussion Special Assessment Policy/Franchise F ees Emerald Ash B orer Policy Review Community-W ide S urvey Memorial P olicy Establishing a B eautification and Public A rt Commission Establishing a S afety Violence Prevention Commission C ouncil/E DA Work Session DAT E:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:M ayor A pril G raves S U B J E C T:D is cus s ion of S upport of a Resolu.on for M innesota H ealth P lan and Federal M edicare for A ll A ct Requested Council A con: Consider S upport of the M innesota H ealth P lan and Federal M edicare For A ll A ct B ackground: The sys tem of private health ins urance in the United S tates creates financial and bureaucra.c barriers that prevent individuals from obtaining needed medical care, drives up the overall cos ts of health care at uns us tainable rates , and s addles individuals , busines s es, and local government w ith uns us tainable health care costs. I n 2021, a survey found that more than one-quarter of M innesotans s truggled to pay their medical bills and nearly half delayed or s kipped needed medical care due to concerns about cost. At the current rate of grow th Minnes ota’s total health care spending will double from $56.6 billion to $104 billion in 10 years to be 19 percent of our state economy, more than hous ing and trans porta.on. H ealthcare expenses for city of B rooklyn C enter employees have been increasing at an unsustainable annual rate of nearly 10 percent, pu>ng upward pressure on local property taxes and threatening the financial stability of the city budget. Members of the B rooklyn C enter C ity C ouncil are commi?ed to being responsible stewards of residents’ tax dollars. Minnesota employers’ health insurance costs are increasing at a faster rate than the na.onal average. A w ell-des igned and efficient universal public health finance s ystem would guarantee all Minnes otans high quality health care regardless of employment s tatus, w ould reduce the complexity and bureaucracy of our health-care sys tem, and w ould provide significant financial savings to individuals , busines s es, and local government. The Minnesota Health Plan (S.F. 1643) would create a universal public health finance system that will contain costs and save money and provide high quality, comprehensive health care for every Minnesotan, while relieving both public and private employers of the burden of providing health care benefits. T he federal Medicare for All Act of 2021 (H.R . 1976) would create a similar system at the na.onal level that would guarantee all Americans health coverage regardless of employment status while saving $2 trillion to $5 trillion in na.onal health care spending over 10 years. D oes the C ouncil affirm that healthcare is a bas ic human need, which mus t be guaranteed to all Minnes otans and U.S . res idents through a w ell-des igned and efficient public health finance s ystem that guarantees health coverage to all individuals regardless of employment s tatus? D oes the C ouncil affirm that to achieve the goal of a well-designed and efficient public health finance sys tem the council endorses the M innesota H ealth P lan (S .F. 1643) and the federal M edicare for A ll A ct of 2021 (H .R. 1976)? D oes the C ouncil affirm that the council urges B rooklyn C enter state and federal legisla.ve delega.ons to co- sponsor and support the Minnesota Health Plan (S.F. 1643) and the federal Medicare for All Act of 2021 (H.R . 1976), or similar legisla.on? D oes the C ouncil affirm direc.ng the C ity M anger to inform Brooklyn Center ’s state and federal legis la.ve delega.ons of this resolu.on endors ing both the proposed Minnes ota H ealth P lan (S .F. 1643) and federal Medicare for A ll A ct of 2021 (H .R. 1976). B udget I ssues: N/A A nracist/Equity Policy Effect: S trategic Priories and Values: Resident Economic S tability, 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 1/6/2023 Cover Memo Member __________ introduced the following resolution and moved its adoption: RESOLUTION NO. 2022-___ RESOLUTION IN SUPPORT OF THE MINNESOTA HEALTH PLAN AND FEDERAL MEDICARE FOR ALL ACT WHEREAS, the system of private health insurance in the United States creates financial and bureaucratic barriers that prevent individuals from obtaining needed medical care, drives up the overall costs of health care at unsustainable rates, and saddles individuals, businesses, and local government with unsustainable health care costs; and WHEREAS, a 2021 survey found that more than one-quarter of Minnesotans struggled to pay their medical bills and nearly half delayed or skipped needed medical care due to concerns about cost; and WHEREAS, at the current rate of growth Minnesota’s total health care spending will double from $56.6 billion to $104 billion in 10 years to be 19 percent of our state economy, more than housing and transportation; and WHEREAS, healthcare expenses for city of Brooklyn Center employees have been increasing at an unsustainable annual rate of nearly 10 percent, putting upward pressure on local property taxes and threatening the financial stability of the city budget; and WHEREAS, members of the Brooklyn Center City Council are committed to being responsible stewards of residents’ tax dollars; and WHEREAS, Minnesota employers’ health insurance costs are increasing at a faster rate than the national average; and WHEREAS, a well-designed and efficient universal public health finance system would guarantee all Minnesotans high quality health care regardless of employment status, would reduce the complexity and bureaucracy of our health- care system, and would provide significant financial savings to individuals, businesses, and local government; and WHEREAS, the Minnesota Health Plan (S.F. 1643) would create a universal public health finance system that will contain costs and save money and provide high quality, comprehensive health care for every Minnesotan, while relieving both public and private employers of the burden of providing health care benefits; and WHEREAS, the federal Medicare for All Act of 2021 (H.R. 1976) would create a similar system at the national level that would guarantee all Americans health coverage regardless of employment status while saving $2 trillion to $5 trillion in national health care spending over 10 years. THEREFORE, BE IT RESOLVED, that the city of Brooklyn Center affirms that healthcare is a basic human need, which must be guaranteed to all Minnesotans and U.S. residents through a well-designed and efficient public health finance system that guarantees health coverage to all individuals regardless of employment status. BE IT FURTHER RESOLVED, that to achieve the goal of a well-designed and efficient public health finance system the council endorses the Minnesota Health Plan (S.F. 1643) and the federal Medicare for All Act of 2021 (H.R. 1976). BE IT FURTHER RESOLVED, that the council urges Brooklyn Center state and federal legislative delegations to co-sponsor and support the Minnesota Health Plan (S.F. 1643) and the federal Medicare for All Act of 2021 (H.R. 1976), or similar legislation. BE IT FURTHER RESOLVED, that the council requests that city administration inform Brooklyn Center’s state and federal legislative delegations of this resolution. STATEMENT OF PURPOSE: This resolution endorses both the proposed Minnesota Health Plan (S.F. 1643) and federal Medicare for All Act of 2021 (H.R. 1976). January 23, 2023 Date April Graves, 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/E DA Work Session DAT E:1/9/2023 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:D r. Reginald Edw ards , C ity M anager S U B J E C T:U pcoming I tems Requested Council A con: G rant D is cus s ion S pecial A s s essment Policy/F ranchise Fees Emerald A s h Borer Policy Review Community-W ide S urvey Memorial Policy Es tablishing a Beau4fica4on and P ublic A rt Commission Es tablishing a S afety V iolence P reven4on Commission B ackground: B udget I ssues: A nracist/Equity Policy Effect: S trategic Priories and Values: