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Home My WebLink About2008 11-10 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION November 10, 2008 6:00 P.M City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous a. Review Tabled Items on Regular Session Agenda 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn i CITY COUNCIL MEETING City of Brooklyn Center November 10, 2008 AGENDA l. Informal Open Forum With City Council 6:45 p.m. provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for claxification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the ful� City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Council Report 7. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. A roval of Minutes PP 1. October 20, 2008 Joint Work Session with Financial Commission 2. October 27, 2008 Study Session 3. October 27, 2008 Regular Session 4. October 27, 2008 Work Session b. Licenses c. Application and Permit for Temporary On-Sale Liquor License Submitted By The Church of St. Alphonsus, 7025 Halif� Avenue North, for an Event to be Held January 24, 2009, Replacing the February 21, 2009, Event Date d. Approval of Site Performance Guarantee Release for 4821- 23 Twin Lake Avenue North I CITY COiJNCIL AGENDA -2- November 10, 2008 e. Resolution Increasing Petty Cash at BC Liquor 8. Presentations/Proclamations/Recognitions/Donations None 9. Public Hearings a. An Ordinance Amending Chapter 19 of the City Code of Ordinances; Adding New Sections Relating to the Abatement of Graffiti Requested Council Action: —Motion to open the Public Hearing. —Take public input. —Motion to close the Public Hearing. —Motion to adopt ordinance b. An Ordinance Amending Chapter 12 of the City Code of Ordinances; Adding New Sections Relating to the Registration and Regulation of Vacant Buildings I Requested Council Action: —Motion to o en the Public Hearin P g —Take public input. —Motion to close the Public Heaxing. —Motion to adopt ordinance c. An Ordinance Amending Certain Sections of Chapter 12 Relating to Inspections and Notification Requested Council Action: —Motion to open the Public Hearing. —Take public input. —Motion to close the Public Heaxing. -Motion to adopt ordinance 10. Planning Commission Items None 11. Council Consideration Items a. Amend 2008 City Council Meeting Schedule i Requested Council Action: —Motion to amend 2008 Cit Council meetin schedule and set date and Y g ember 14 2008 at 6:0 0 .m. in time for a Special Session for Friday, Nov p the All America Conference Room, City Hall. The purpose of the Special Session is conduct the City Manager Perfortnance Review. b. Resolution Providing for the Competitive Negotiated Sale of $2,390,000 General Obligation Improvement Bonds, Series 2008B Requested Council Action: -Motion to adopt resolution. CITY COUNCIL AGENDA -3- November 10, 2008 c. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2007-17, Contract 2007-I, Kylawn Park Improvements Requested Council Action: -Motion to adopt resolution. d. Resolution Authorizing the City of Brooklyn Center's Adoption of 2008 Minnesota Session Law Chapter 366, Article 6, Section 48; Participation in Crime Free Multi-Housing Program for Properties Classified as 4d Requested Council Action: -Motion to adopt resolution. 12. Adjournment Agenda Items Tabled An Ordinance Relating to Administrative Fines; Adding a New Section 12.13 to the Broolclyn Center City Charfer —This item was first read on February 25, 2008; published in the official newspaper on March 6, 2008; and tabled at the March 24, 2008, meeting. COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ��Z2� DATE: N�vember 10, 2008 SUBJECT: Resolution Amending Resolution No. 2008-120 Regarding Canvass of November 4, 2008, Municipal General Electian and Special Election Recommendation: It is recommended that the City Council consider approval/adoption of Resolution Amending Resolution No. 2008-120 Regarding Canvass of November 4, 2008, Municipal General Election and Special Election. i Background: On Wednesday, November 5, 2008, the City Council canvassed the returns of the Municipal General Election and Special Election and adopted Resolution No. 2008-120. Hennepin County Elections Division notified me today that a Brooklyn Center absentee ballot had been issued and received by the County on Election Day for a Brooklyn Center patient in the Hennepin County Medical Center. The Hennepin County Sheriffls Division delivered the absentee ballot to the wrong Hennepin County city on Election Day, so the ballot was not counted in Brooklyn Center. The ballot was returned to Hennepin County over the weekend. Since the ballot was received on Election Day and would have been accepted, it must be counted. The change for the City Question is one more NO vote. The change for City Council Member is one more vote for Ed Nelson. Budget Issues: There are no budget issues to consider. I a, Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NO. 2008-120 REGARDING CANVASS OF NOVEMBER 4, 2008, MUNICIPAL GENERAL ELECTION AND SPECIAL ELECTION WHEREAS, on Wednesday, November 5, 2008, the City Council met for the purpose of canvassing the election returns of the regular municipal election for the office of Council Member; and WHEREAS, on Wednesday, November 5, 2008, the City Council met for the purpose of canvassing the election returns of a special election called pursuant to Resolution No, 2008-99, adopted by the City Council on September 8, 2008, for the purpose of submitting to the electors the question of adding new Section 12.13. Fines and Penalties to the City Charter; and WHEREAS, the City Council adopted Resolution No. 2008-120 Regarding the Canvass of such elections; and WHEREAS, the City Council has determined that Resolution No. 2008-120 should be amended to reflect corrected vote totals. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that it is hereby determined by official canvass that Tim Roche and Ka Lasman are declared to be the successful candidates for the office of Council Member of the Y City of Brooklyn Center. BE IT RESOLVED by the City Council of the City of Brooklyn Center that the votes cast at said special election for the following question were as follows: SHOULD THE CITY OF BROOKLYN CENTER CHARTER BE AMENDED TO REQUIRE THE CITY COUNCIL TO ESTABLISH ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF CITY ORDINANCES? YES 6,951 NO 4,609 BE IT FURTHER RESOLVED that the question submitted was approved in the affirmative by more than 51 percent of the qualified voters of the City voting at such election and that said question was duly approved by said voters. RESOLUTION NO. November 10, 2008 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: none; whereupon said resolution was declared duly passed and adopted. I I Election Reporting f Page 1 of 5 rCx 4� -i'r f ��>.xr rn F iF n=nc€ aF i�F ��'�J` r�"f �1��1�1 St]!��l ��1,,�� UNOFFICIAL AIYD FNCOMPLETE RESULTS GENERAL November 4, 2008 Results Hame K Pr�vioe�s Paae Registered Voters Precincts Reportin�c 100.00% (f of 4} Last update was: 1l10l2008 231:10 PM ag of 7AM 11-04-08: 1656 Selected Prec�ncts for HENNEPIN County PRECiNCT: BROOKLYN CENTER P-06 US PRESIDENT VICE PRESiDENT Totals Pct Graph Repubiican JOHN MCCAIN AND SARAH PALIN 486 3,z.53 Democratic-Farmer-Labor SAf2ACK OBAMA AND JOE BIDEN 976��5.33 Green �NTHIA t�iCEQNNEY AND ROSA 4 0.27 CLEMENTE Socialist Workers ROGER CALERO AND ALYSON 0 0.00 KENNEDY Independent �LPH NADER AND MATT i7 1.14 GONZALEZ Libertarian BOB BARR AND WAYNE A. ROOT 3 0.20 Constitutian CHUCK BALDWIN AND_ DARRELL 3 Q I CASTLE Write-In WRITE-IN** 5 0.33 Write-in �ONATHAN ALLEN AND )EFFREY q 0.00 I STATH** 3AMES GERMALIO AND MARTIN 0 O,OQ I Write-In WISNNA7SKY** Write-In KEITH RUSSELL JUDD AND MONTY 0 0.00 JUDD** Write-In ALAN KEYE5 AND BRIAN 0 OAO I RORBAUGH** GLEN JOHN MANSFFELD AND 0 0.00 I Write-In VANESSA SURRATf** Write-In �EFFREY S AND ERIC 0 0.00 I WASNESS Write-In �EL MOEN** AND MICHAEL 0 0.60 REYNOLDS CURTIS MONTG�MERY AND 0 0.00 Write-In �ANICE MdNTGOMERY** Write-In BRIAN MOOR* AND STEWARD A. 0 4.00 ALEXANDER Write-In FRANK MObRE ANp SUSAN p Q.00 BLOCK** DEBRA JOYCE RENDEROS AND 0 0.00 I Write-In aSCAR R. RENDEROS** Write-In OSCAR R. RENDERO5 AND DEBRA p Q.00 I 30YCE RENDEROS Write-In p�� ROBERTSON AND SC07T 0 0.00 I FALLS** Write-In JOE SCHRINER AND DALE WAY** 0 0.00 I DAVID JON SPONHEIM AND 0 Q.00 Wr1te-In MARSHAL TANCHUCK** US 9ENATOR Totals Pct Graph Indepenclence DEAN BARKLEY lb8 11.48 Republican NORM COLEMAiV 459 31.35 hitp:/lelectionresults. sos.state.mn.us/20081 I 04/ElecRslts.asp?CtyCd=27&M=P&CtyNm=HENN.-. 11 1 Q/2008 Election Reporting Page 2 of S Democratio-Farmer-Labar AL FRANKEN 8ZZ�a6.15 D CH 4 b.27I rtarian CHA RLES AL RI �.i be Constitution JAMES NIEMACKL is o.�5 i Write-In WRITE-IN** 0 O.bO Write-In MICHAEL CAVLAN** 0 0.00 I Write-In JQHN H. EVAN** 0 0.00 Write-In ANTNONY KEITH PRICE** 0 0.00 Write-In JACK SHEPARD** 0 O.dO US REPRESENTATIVE DISTRICT 03 Totais Pct Graph Independence DAVID �ILLON 163 11.59 Republican ERIK PAULSEN 449 3 Democratic-Farmer ASHWIN MADIA 793�56.40 Write-In WRITE-IN** 1 0.07 Write-In HARLEY SWARM, )R.** d O.Q4 e STATE REPRESEFlTATiVE I�ISTRICT 46B Totals Pct Graph Republican 7IM O150N 428 3�.Z0 Democratio-Farmer DEBRA HILSTROM 851d�2.03 Green ALLAN HANCOCK 91 6.63 Wrlte-Tn WRITE-IN** 2 0.15 s CONSTI'FUTIONAl. AMENDMENT Totals �t Graph Nonpartisan YES 875 3.b8 Nonpartisan NO 499 36.32 COUNTY PARK COMMiSSIONER DIS7RICT 2 Totals Pct Graph NonpaKisan MARILYNN CORCORA{V 486�49.34 Nonpartisan 3ANICE MEYER 476 48.32 Write-In WRITE-IN** 23 2.34 SOTL AND WATER SUPERYISOR DISTRICT 1 Totals�ct Graph Nonpartisan KIM N BOYCE 874 b.57 Write-In WRITE-IN** 31 3.43 SOIL AND WATER SUPERVISOR UISTRiCT 3 Tatals�ct Graph Nonpartisan RAHN V WORKCUFF 128 13J5 Nonpartisan BEN 70RELL 275 29.57 Nonpartisan 3AMES WISKER 238 25.59 Nonpartisan RICHARD A. KLATTE 264 28.34 Write-In WRITE-IN** 25 2.69 SOIL AND WATER SUPERVISOR DISTRICT 5 Totals Pct Graph Nonpartisan KARL HANSON 387 4�.J0 Nonpartisan JEFFREY A. BECK 520�56.03 Write-In WRI7E-IN** 21 2.Z6 CI'fY QUESTIUN 1(CITY OF Brooktyn Center-010) Totals Pct Graph i Nonpartisan YES 764 59 9 Non artisan ND 51 40.41 P Pct Gra h 2 Totals P CFTY COUNCI! MEMBER {CITY OF Brooklyn Center-010) (Elect Nonpartisan TIM ROCHE 511 29J8 Nanpartisan KAY tA5MAN 4i2 24.01 Nonpartisan MARY O'CONNOR 353 2�.57 Nonpartisan ED NELSON 412�24.01 Write-In WRITE-IN** 28 i.b3 SCHOOL DISTRICT QUESTION i{ISD #0281) Totals Pct Graph 4.9 Nonpartisan YES G25� Nonpartisan NO 737- 4.11 hrip://electionresults.sos.state.mn.us/20081104/ElecRslts.asp?CtyCd=27&M=P&CtyNm=HENN... 11 J10/2008 Election Reporting Page 3 of 5 SCHOOL DISTRICT QUESTEON 2(ISD #0281} Totals Pct Graph S Nonpartisan YES 593�3.48 Nonpartisan NO 771 56.52 r ASSOCTATE JUSTICE SUPREME COURT 3 Totals Pct Graph Nonparttsan TIM lTNGELSTAD 425 44�97 Nonpartisan PAUL M. ANDER50N 5U3��53.23 Write-in WRITE-IN** 17 1.80 s ASSOCIATE JUSTICE SUPREME COURT 4 Totals Pct Gtaph Nonpartisan DE80RAH HEDLUND 496 59�:57 Nonpartisan LORI� SKJERVEN GILDEA 398✓43J8 Write-In WRITE-IN** 15 L65 IUDGE COURT UF APPEALS i Totals Bct Graph Nonpartisan EDWARD TOUSSATNT, JR. 708 �6.20 Write-In WRITE-IN** 28 3.80 •)UDGE CUURT OF APPEALS 8 Totals Graph Nonpartisan THOMAS 7.. KALITOWSKI 683 5.66 'i Write-In WRITE-IN** 31 4.341 JUDGE COURT aF APPEALS 9 Totals Pct Graph Nonpartisan ROGER M. KLAPHAKE 677�95.89 Write-In WRITE-IN** 29 4.11 JUDGE COURT OP APPEALS 10 Totats �ct C:raph Nonpartisan HARRIET LANSING 681 96.60 Write-Tn WRI�fE-IN** 24 3.40 IUD�E COUR�' OF APPEAL.S t5 To#als f�ct Graph Nonpartisan KEVIN G. ROSS 670�46.13 Write-In WRITE-IN** Z� 3.8� JUDGE COURT OF APPEAI.S 16 Totals �ct Graph Nonpartisan 7ERRI J. STONEBUEtNER 477 53.72 Nonpartisan DAN GRIFFITH 395 44.48 Write-In WRITE-IN** 16 1.80 JUDGE -4TH DISTRICT COURT 1 Totals �Pct Graph Nonpartisan BILL KOCH &73 �36.28 Wr1te-In WRITE-IN** 26 3.72 E JUDGE -4TH DIS7RICT COl1RT 4 7otals P,c't Graph Nonpartlsan ANN LESLIE ALTON 6b9J96.12 27 3.88 WR E IN Write-In IT 7UDGE -4Tti DISTRICT COURT 5 Totals� Graph Nonpa�tisan K�RRY MEYER 667 96.67 Write-In WRIFE-fN** 23 3.33 JEJDGE -4TH DiSTRICT COURT 9 Tatats Pct Graph Nonpartisan PHILIP D. BUSH 454 54 70 Nonpartisan EUGENE LINK 358�'43.13 Write-In WRITE-IN** 18 2.17 JUDGE -4TH DISTRICT COURT 10 Tatais Graph Nonpartisan KATHRYN L QUAINTANCE 6 67/96.34 Write-In WRITE-IiV** 25 3.61 7UDGE -4TH DISTRICT COURT li Totaks�ct Graph b72 9fi.69 E NE Nonpartisan MARY STEEN SON DUFR S Write-In WRITE-IN** 23 3.31 JUdGE -4TH DIS"i'RICT COURT 14 Totals Pct .Graph I Nonpartisan GEORGE F. MCGUNNIGLE 640�35.67 http://electionresults.sos.state.mn.us/20081104/ElecRslts.asp?CtyCd=27&M=P&CtyNm=HENN... I 1/10/2008 s Election Reporting Page 4 of S Write-In WRITE-IN** 29 4.33, 7UDGE -4TH DISTRICT COURT 15 Totals ct Graph artisan TONY N. LEUNG 64 9b.27 �iVP��a��itiMV� Nonp Write-In WRITE-IN** 25 3J3 JUDGE -4TH DISTRICT COURT 19 Totals Pct Graph Nonpartisan GINA M BRANDT b4��9�-i5 Write-In WRIl'EII�** 19 2.85 7UDGE -4TH DISTRICT COURT ZO Totais pct Graph Nonpartisan DANIEL C. MORENO 645v96J0 Write-In WRITE-IN** 27 3.30 f 1UDGE -4TN C?ISTRICT COURT 25 Totals �Pct Graph Nonpartisan ROSERTA. SLAESER 637-�96.08 Write-In WRITE-iN** 26 3.9Z .]UDGE -4TH DISTRTCT COURT 27 Totals�ct Graph Nonpartisan JAY M. QUAM 647 7.15 WriCe-Tn WRITE-IN** 19 2.85 JUB6E -4TH DISTRICT GOUR7 28 Totals�ct Graph Nanpartisan TODDRICK S. BARNETTE 639 96.82 Write-In WRiTE-IN** 21 3.18 JUDGE -4TH DiSTRICT GOURT 30 Totais�ct Graph Nonpartisan SUSAN M. ROSINER b48 97.30 Write-In WRITE-IN** 18 2J0 JUDGE -4TH DIS7RICT COURT 31 Totals�ct Graph Nonpartisan MARGAR� ANNE DALY 641 96.68 Write-In WRITE-IN** 22 3.321 7UDGE -4TH DISTRICT COURT 32 Totals� ct Graph Nonpartisan PETER A. CAHILL 63 Write-In WRITE-IN** 22 3.33 7UDGE -4TH DISTRICT CUURT 33 Totals �Pcfi Graph Nonpartisan ]ACK NORDBY 644i96.84 Write-In WRITE-IN** 21 3.16 JUDGE -4TH DISTRICT COURT 36 Totals�cC Graph Nonpartisan JOHN L HOLAHAN 634 95.92 Write-In WRITE-IN** 27 3UDG8 -4TH DISTRICT COURT 37 Totais Pct Graph Nonpartisan RICHARD S SCNERER 629"'°•3Z Write-In WRITE-IN** 24 3.68 7UDGE -4TH DI5TRICT CCIURT 38 Totals P,ct Graph Nonpartisan BERYL A. NORD 638�6.23 I Write-In WRITE -IN** 25 3.77 JUDGE -4TH DISTRYCT COURT 42 Totals�ct Graph Nonpartisan CHARLES A PORTER JR 640 96.39 Write-In lNRITE-IN** 24 3.61 •)l3DGE -4TN DISTRICT COURT 43 Totals Pct Graph Nonpartisan JANET NORDELL POSTON 649 96.5$ Write-In WRITE-IN** 23 3.42 JUDGE -4TH �ISTRICT COURT 46 Totals Pct Graph Nonpartisan STEPHEN C. ALDRICH 647�9�J1 S Write-In WRITE-IN** 22 3.29 •]UD�E -47H DISTRICT COURT 47 Totals Pct Graph Nonpartisan TANYA M. BRANSFORD 653�7.17 http:Uelectionresults.sos. state.mn.us/20081104/ElecRslts.asp?CtyCd=27&M=P&CiyNm=HENN... 11 10/2008 Election Reporting Page S of 5 Write-In WRITE-IN** 19 2.83 I 7UDGE -4TH DIS7RICT COURT 51 Totals�ct Graph NonpartEsan IVY S. BERNHARDSON 650 96.73 Write-In WRITE-IN** 22 3.27 JIiDGE -4TH DISTRICT COURT 53 Totals Pct Graph Nonpartisen JANE RANUM 413�51.37 Nonpartisan DAVID L. PIPER 372• 46.27 Write-In WRITE-IN** 19 2.36 3UDGE -4TH DISTRICT COURT 56 To#als�ct Graph Nonpartisan HERBERT P. LEFLER 629 6.18 Write-In W32ITE-IN** 25 3.82 JUDGE -4TH DISTRICT COURT 57 Totals Pct Graph Nonpartisan JEANNICE M. REDING 638�6.52 23 3.48 d Wri e-In WRI TE IN t JUDGE -4TH DISTRICT COURT 58 Totals Pct Graph Nonpartisan JAMES T. SWENSON 474r 57 88 Nonpartisan THOMAS F. HAEG 328 40 05 Write-In WRITE-IN** 17 2.08 JUDGE -4TH DIS"I'RICT COURT 59 Totals Pct Graph Nonpartisan WARREN SAGS7UEN 629�5.88 Write-In WRITE-IN** 27 4.12 0 JUDGE -4TH DiSTRICT COURT 6a Totals Pct Craph Nonpartisan LLOYD ZIMMERMAN b35 �96.36 Write-In WRI TE-IN** 24 3.64 J JUdGE -47H DISTRICT COURT 61 Totais Ptt Graph Nonpartisan RdBERT M. SMALL 633�5.91 Write-In WRITE-IN** 27 4.09 3UdGE -4TH DISTRICT COURT 62 Totals Pct Graph Nonpartlsan RONALD L. ABRAMS 636�6.36 Write-In WRITE-IN** 24 3.64 Back to Yo� *Results are onFy for the selected region and may not refiect total votes for these races. Created 1i/10/2008 2:3'l:37 PM {0.0313) http://electionresults.sos.state.mn.us/20081104/ElecRsits.asp?CtyCd=27&M=P&CtyNm=HENN.•• 11/10/200$ City Council Agenda Item No. 7a i MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION OCTOBER 20, 2008 CITY HALL COUNCIL CHAMBERS CALL TO ORDER i The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and was called to order by Mayor Tim Willson at 6:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor (arrived at 6:35 p.m.), Dan Ryan, and Mark Yelich. Also present: City Manager Curt Boganey, Fiscal and Support Services Director Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commissioners Todd Boster, Mark Nemec, Susan Shogren Smith, and Rex Newman. BUDGET REVIEW ENTERPRISE FUNDS City Manager Curt Boganey informed that he would like to have Fiscal and Support Services Director Dan Jordet provide a PowerPoint presentation highlighting the Enterp rise Funds. Fiscal and Support Services Director Jordet outlined the following funds highlighting what each fund consisted of, staffing, and the 2009 issues: Water Utility Fund, Sanitary Sewer Utility Fund, I Storm Drainage Utility Fund, Street Light Utility Fund, Recycling Fund, Centerbrook Golf le Brown Herita e Center Fund. Course Fund, Li uor O erations Fund, and the Ear g 4 P During the discussions of each fund, the cash flow and percentage increases for previous and projected yeaxs were also outlined. i ns rai ed from the Council and Financial Commission members were as S o m e o f t h e u e s t o s q follows: Why a four percent increase in personnel for the Water Utility Fund employees. I This increase was not only for wages; it also included benefits as welL What differentiates employees? There are employees that require specific licenses and some employees are in a Union. 10/20/08 -1- DRAFT Why is the City paying $900 for office chairs? The City is purchasing chairs that would be ergonomically suitable. It was suggested that City staff consider reviewing other companies to research some cost savings of ergonomically suita.ble chairs. How many times a year does staff check storm drains. It is believed to be two times a year and this will be verified and reported back to the City CounciL What happens when funds dip to a low and a major event occurs? There is an emergency cash fund available. What is the $100,000 cash transfer to the General Fund in the Storm Drainage cash flow. This $100,000 cash transfer has been reoccurring for some time and the history will be reviewed to determine what it has been for and brought back to the attention of the City Council for their review. There was discussion regarding the maintenance of street lights and the advantages and disadvantages of having the City maintain operation/maintenance of all street lights. It was ;�oted that there are some cities looking at ±�.king over owzzership of street lights to cut down on electrical costs; however, at this time it would not be beneficial for the City to take over ownership of the street lights in the City. There was discussion regarding possible inclusion of a curbside cleanup collection in Brooklyn Center fees. Staff is assembling information about the costs and benefits of the annual curbside cleanup program. It was suggested that minutes from past discussions regarding this issue be provided to the Council since there are some Council Members that were not serving on the Council at the time of the past discussions. There was one suggestion of this cleanup being done every other year instead of annually. During the discussion of the Centerbrook Golf Course Funds, it was noted that the cash flow for this fund needs to find ways to cut costs or increase fees. There was a suggestion of having this land estimated for park land use to have some type of comparison for the future. There was discussion regarding the additional 1,350 square feet of space at the Xerxes Avenue Liquor Store, and it was noted that an analysis of more exact numbers for product is being prepared. During the discussion of the Earle Brown Heritage Center Fund, it was noted that the cash flow for this fund is not going to drop and this will affect the bottom line. This will be fixed before the Council approval of the budget. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to adjourn the Work Session at 8:53 p.m. Motion passed unanimously. 10/20/08 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION OCTOBER 27, 2008 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman; Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Community Development Director Gary Eitel, Public Works Director/City Engineer Steve Lillehaug and Carol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEIVIS AND QUESTIONS The Council reviewed the Random Acts of Kindness nominees included under City Council meeting agenda item 8b. RESOLUTION REQUESTING RECONSIDERATION OF 2030 TRANSPORTATION POLICY PLAN Mr. Boganey introduced the item and explained the purpose of the proposed resolution. He stated on Wednesday, the North Metro Mayors Association Board of Directors adopted the proposed resolution requesting that the Metropolitan Council and MnDOT reconsider the policy language in the Draft 2030 Transportation Policy Plan that includes TH610 as an expansion project subject to further delay and re-scoping. He explained the objective is to have TH610 re-designated as a completion project which would give it a greater probability of inclusion in the plan. Each member city has been asked to adopt a separate resolution in support of this action. Councilmembers Lasman, Ryan, Yelich and Mayor Willson stated their support of the proposed resolution. It was noted that the completion of this corridor will be beneficial to everyone in the northwest axea, and that TH610 has been put off as many as three times in legislative sessions. Councilmember O'Connor stated her opposition to the proposed resolution. She stated her position that there are not funds available to give the State for the project due to the financial trouble the nation is in. The majority consensus of the City Council was to include the proposed resolution for Council consideration as agenda item l le on the regular City Council meeting agenda. 10/27/08 -1- DR.AFT MISCELLANEOUS Councilmember O'Connor requested an update on the Logan and 57�' Avenues pollution site. Mr. Boganey stated this will be included as an agenda item on the first Council work session in November. The consultant will be present to provide a suminary of the complete overview of the project and answer any questions of the Council on the situation. Essentially, the MPCA is finishing their testing. The system is installed on the property and will be running for the next several months to see if it is successful in extracting contaxninants. There is a plan to have a community meeting this winter, but a date has not been set. During the community meeting the public will be presented with the final conclusion in terms of what level of risk exists or does not exist based upon the analysis that has been done. In response to the question of whether the new system is removing petroleum, Mr. Boganey replied this will be looked into by staff. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS CITY MANAGER PERFORMANCE REVIEW PROCESS DATE SELECTION Mr. Boganey stated the Council has been provided with a list of potential dates submitted by the City Attorney to conduct the City Manager Performance Review: ct staff to schedule the Cit Mana er The ma�ority consensus of the City Council was to dire y g Performance Review for Friday, November 14, 2008, at 6:00 p.m. in the Conference Room. DESIGNATING HOLLY SUNDAY AS SESQUICENTENNIAL EVENT COUNCILMEMBER YELICH Councilmember Yelich stated communities have been given the opportunity to designate local functions as a State Sesquicentennial Event. The Minnesota Sesquicentennial Commission will provide visibility for the community event via the Sesquicentennial website and other channels of communication. He stated whatever the City of $rooklyn Center can do to call attention to positive events happening in the Ciry, the better it will be for the City. Adding Holly Sunday would be another positive way to highlight the City of Brooklyn Center, and the activities could be easily formatted to fit in with the historical context. The majority consensus of the City Council was to direct staff to include the designation of Holly Sunday as a State of Minnesota Sesquicentennial Event for Council consideration as agenda item 1 lf on the regular City Council meeting agenda. Mr. Boganey requested claxification as to the Council's expectation in terms of what staff or the Holly Sunday organizing group should do to satisfy requirements for the official designation. Mayor Willson noted that the Sesquicentennial registration form does not include required guidelines in order to be included in the Sesquicentennial Event. 10/27/08 -2- DRAFT PEDDLER, LOLICITOR, AND TRANSIENT MERCHANT REGULATIONS Mr. Boganey introduced the item and explained that a resident came forward to the City Council and followed up by email expressing concern about peddlers in neighborhoods and solicita.tion in some commercial areas. According to City records, very few complaints have been received by the Police Department or community Development Department about peddlers, solicitors or transient merchants in the past few years. There was discussion on the following in relation to peddler, solicitor and transient merchant regulations: administrative permits; special use permits; and the term "transient" in relation to individuals offering lawn mowing services, boy scouts, and girl scouts. ADJOURNMENT Councilmember Lasman moved and Councilmember O'Connor seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 10/27/08 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 27, 2008 CITY HALL COUNCIL CHAMBERS L INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER 1NFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Community Development Director Gary Eitel, Public Works Director/City Engineer Steve Lillehaug, City Clerk Sharon Knutson, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Mr. Ron Ruppert, 3900 52 Avenue N, appeared before the Council and expressed concern regarding a citation received for having more than two dogs at his property. He stated he was informed they would need to receive permission from the City Council to keep the third dog. The dogs are little Yorkies that weigh about four pounds. One of the dogs is about 12 or 13 years old; it is blind and has had a stroke, and her life expectancy is not great. They are requesting a kennel license or a variance until the older dog dies. Mayor Willson explained that council members will not be able to enter into dialogue on this topic ime for roblem solvin but rather to hear from the this evemng, as Open Forum is not used as a t p g, citizens. Councilmember O'Connor stated she will be offering a motion shortly to add a discussion on whether to grant this variance to the agenda tonight. Mayor Willson reiterated that Open Forum is not a time for problem solving. If the Council determines it should be added to the agenda this evening that is a different issue. Staff time will be needed to research the issue to ensure that the ordinance is being followed. He explained there is not a permit or variance procedure for what is being requested. Mr. Jerry Ryan, 3507 53 Place N, appeared before the Council and stated he had a problem similar to Mr. Ruppert's when they were caring for the dog of a friend that was sick with cancer in addition to theix two dogs. He expressed concern that the community service officer yelled at them when a neighbor called the City and complained about the dogs and about the court process they went through. He requested that the ordinance be read and said the ordinance states that there can be two dogs, three cats, or any combination. He stated he moved out of his residence, not only because of this, but also because of harassment from the City for menial things that their neighbor was complaining about. He stated his opinion that this issue deserves an answer tonight. 10/27/08 -1- DRAFT Mr. Randy Hammond, 3906 52 Avenue N, appeared before the Council and stated he has lived next door to Mr. Ruppert for 23 years. They have always had dogs, and they have never been a problem. He stated his support for allowing the three dogs to remain at the property. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 7:00 p.m. Motion passed unanimously. 2. INVOCATION Councilmember O'Connor requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers I�ay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Community Development Director Gary Eitel, Public Works. Director/ City Engineer Steve Lillehaug, Gity Clerk Sharon Knutson, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT None. 7. APPROVAL OF AGENDA AND CONSENT AGENDA d d t a rove the A enda and Councilmember Lasman moved and Councilmember R an secon e o g Y Pp Consent Agenda. Councilmember O' Connor moved and Councilmember Yelich seconded to amend the work session agenda to include a discussion on dogs with a review of the City Ordinance relating to dogs, and to reply to the residents that spoke during Open Forum. Mayor Willson voted against the same. Motion carried. Motion on Approval of the Agenda and Consent Agenda was amended as follows: To approve the Agenda and Consent Agenda, as amended, with the addition of agenda item 11 e: Resolution Requesting Reconsideration of 2030 Transportation Policy Plan, and agenda 11 f: Designating Holly Sunday as Sesquicentennial Event, and the addition of work session agenda item 5: Discussion on the City Ordinance relating to dogs, and the following consent items were approved: 7a. APPROVAL OF MINUTES 10/27/08 -2- DRAFT 1. October 13, 2008 Study Session 2. October 13, 2008 Regular Session 3. October 13, 2008 Work Session 7b. LICENSES MECHANICAL Ray Welter Heating Company 4637 Chicago Avenue S, Minneapolis United Heating and Air 1295 Hackamore Road, Medina RENTAL INITIAL 1510 69�' Ave N Troy Pullis 1108 57�' Ave N Chai Thao 4306 66�' Ave N Chadwick Lashinski 2923 68�` Ln N Steven Pfeiffer 877 70� Ave N Kathy Nguyen 6801 Emerson Ave N Anita. Landry 5332 Humboldt Ave N John Bigelow/Jason Brovitch 6000 Xe�es Ave N Yolanda Garibay RENEWAL Brookdale Towers b915 Humboldt Ave N riillaway Investments LLC Crossings Brookwood Manor 6125 Lilac Dr N Lang Nelson Associates Crossings Brookwood Estates 6201 Lilac Dr N Lang Nelson Associates 7240 West River Road Nedzad Ceric 5006 65 Ave N Eva Wilson 6724 Drew Ave N John Hodgkins 5315 Fremont Ave N David Barnhart 4207 Lakeside Ave 123 Donna Kabanuk 5332 Lilac Dr N Mark Lundberg 7124 Newton Ave N Gary Hanagan 7c. RESOLUTION NO. 2008-115 REQUESTING ADDITIONAL TIME WITHIN WHICH TO COMPLETE COMPREHENSIVE PLAN "DECENNIAL" REVTEW OBLIGATIONS Motion passed unanimously. 8. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 8a. PROCLAMATION DECLARING OCTOBER 27, 2008, TO BE DESIGNATED AS RANDOM ACTS OF KINDNESS DAY Councilmember Lasman moved and Councilmember Ryan seconded to adopt a Proclamation Declaring October 27, 2008, to be Designated as Random Acts of Kindness Day. 10/27/08 -3- DRAFT Mayor Willson recited Proclamation Declaring October 27, 2008 to be designated as Random Acts of Kindness Day. Motion passed unanimously. Councilmember O'Connor pointed out that the Council just voted to make October 27 Random Acts of Kindness Day, and that people pay more than 50% of their income to all levels of government in taxes and fees. Councilmember O' Connor moved to reduce properiy taxes for the residents of Brooklyn Center. Motion failed for lack of a second. 8b. RANDOM ACTS OF KINDNESS PRESENTATION OF RECOG1vITION AND CERTIFICATE CEREMONY City Council Members recited the following nominees for Random Acts of Kindness and the individua.ls they were nominated by: Nominee Nominated By Lee and Polly Engh Crystal Hogancamp Edna and George Gunderson Jeff and Julie Basche Rich Hadokowitz John Russell John Noreen Ruth Bona Palmer Lake Elementary School Staff Tommy Watson Don Schriefels Myrna Kragness Kauth Jan Tieden Linda Martin Tom Trombley Gail and Jim Ebert Gary and Mavis Kuensting Steve and Tricia Scarlato Larry Saas Steve and Tricia Scarlato Kari and Chad Tolifson Steve and Tricia Scarlato Mike Masica, Post Office Diane Sannes Paul Anderson, Post Office Diane Sannes Don Deppa, Cub Foods Diane Sannes Tim Roche Diane Sa.nnes Darrel Nelson Diane Sannes Sue Rice Diane Sannes Pat Snodgrass Diane Sannes Brenda Malone Diane Sannes Darryl Sannes Diane Sannes Carolyn Livingston, Barnes Noble Diane Sannes Ann Gallagher, Channel 12 Diane Sannes Caren Staples, Health Partners Diane Sannes Mark Allen, Allen Property Services Diane Sannes Pastor Marilyn Evans, Brooklyn United Methodist Church Diane Sannes Wendy Erlien, Sun-Post Editor Diane Sannes Jun Liston, Culvers Diane Sannes 10/27/08 -4- DRAFT I Mayor Willson expressed the Council's appreciation to the recipients of the Random Acts of Kindness Certificates. 8c. RESOLUTION NO. 2008-116 EXPRESSING RECOGNITION AND APPRECIATION OF JOSHUA XIONG FOR HIS DEDICATED PUBLIC SERVICE ON THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Councilmember Lasman moved and Councilmember Ryan seconded RESOLUTION NO. 2008-116 Expressing Recognition and Appreciation of Joshua Xiong for his Dedicated Public Service on the Northwest Hennepin Human Services Council Advisory Commission. Motion passed unanimously. It was noted there are vacancies on the Northwest Hennepin Human Services Council and the Housing Commission. 9. PUBLIC HEARING -None. 10. PLANNING COMMISSION ITEMS -None. 11. COUNEIL CONSIDERATION ITEMS lla. RESOLUTION NO. 2008-117 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2007-05, 06, 07 08, CONTRACT 2Q07-S, RIVERWOOD AREA NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS Mr. Boganey introduced the item and discussed the history of Improvement Project Nos. 2007-05, 06, 07 08. Mr. Lillehaug provided an overview of Resolution No. 2008-117 and staff's recommendation to accept the work performed and authorize final payment on Contract 2007-B to C.W. Houle Inc. of Shoreview, Minnesota. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008-117, Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 2007-05, 06, 07 08, Contract 2007-B, Riverwood Area Neighborhood Street, Storm Drainage and Utility Improvements. There was discussion on the one-year warranty included in the contract. There was discussion on project costs, specifically in relation to legal costs and the use of contingency funds. It was noted that the final project cost was under-budget. Motion passed unanimously. 10/27/08 -5- DRAFT llb. RESOLUTION NO. 2008-118 APPROVING AN ADDENDUM TO CONTRACT, IMPROVEMENT PROJECT NO. 2008-15, FIBER OPTIC EAST AND WEST FIRE STATIONS d the ose of the ro osed Mr. Boganey mtroduced the rtem, discussed the lustory, and state purp p p resolution. Mr. Boganey answered questions regarding joint trench areas, specifically in relation to the cost savings benefit to the City. He explained the benefit was calculated based upon the cost that would be incurred if it was necessary to hire someone to complete locations for the fiber optic line on the City's behalf. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-118 Approving an Addendum to Contract, Improvement Project No. 2008-15, Fiber Optic East and West Fire Stations. Mr. Boganey noted another benefit of the fibers lines being co-located is the avoidance of a separate trench and easement, resulting in less land being restricted by the existence of the utility. Councilmember O'Connor voted against the same. Motion passed. llc. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF RDIN E SALE OF MOTOR VEHICLES ORDINANCES REGA G TH Mr. Eitel provided an overview of the proposed ordinance and answered questions of the Council. There was discussion on the proposed ordinance, specifically in relation to Section 23-1204. Mr. Boganey clarified that the proposed ordinance does not establish the zoning requirements; this will be addressed separately in agenda item 11 d. Councilmember Lasman moved and Councilmember Ryan seconded to approve the first reading and set second reading and Public Hearing for November 24, 2008 for an ordinance amending Chapter 23 of the City Code of Ordinances Regarding the Sale of Motor Vehicles. Motion passed unanimously. lld. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE SALE OF MOTOR VEHICLES Mr. Eitel provided an overview of the proposed ordinance. Moved b Councilmember O'Connor to amend the ro osed ordinance as follows: Y P P Section 35-322 3 e: The sale of motor vehicles at retail rovided the use is conducted on at least a P ��ree-(3� two (21 acre parcel of land containing a structure or structures occupying a minimum of fifteen percent (15%) of said parcel of land. Motion failed for lack of a second. Councilmember Lasman moved and Councilmember Ryan seconded to approve the first reading and set second reading and Public Hearing for November 24, 2008 for an ordinance amending Chapter 35 of the City Code of Ordinances Regarding the Sale of Motor Vehicles. Councilmember O'Connor voted a ainst the same. Motion assed. g P 10/27/08 -6- DRAFT lle. RESOLUTION NO. 2008-119 REQUESTING RECONSIDERATION OF 2030 TRANSPORTATION POLICY PLAN Ma or Willson stated the ro osed resolution was discussed in the Council Study Session prior to Y p P this City Council meeting. Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2008-119 Requesting Reconsideration of 2030 Transportation Policy Plan. Mayor Willson recited the proposed resolution. Councilmember Ryan and Mayor Willson stated their support of the proposed resolution. Councilmember O'Connor stated her opposition of the proposed resolution. Councilmember O'Connor voted against the same. Motion passed. llf. DESIGNATING HOLLY SUNDAY AS SESQUICENTENNIAL EVENT Mayor Willson stated the proposed designation of Holly Sunday as a Sesquicentennial Event was discussed in the Council Study Session prior to this City Council meeting. �ouncilmember Yelich stated the State's 150 birthday celebration is an opporiunity to Lall attention to local City events. He is proposing that the City declare Holly Sunday on December 7, 2008 as a Sesquicentennial Event. Councilmember Yelich moved and Councilmember Lasman seconded to designate Holly Sunday as a Sesquicentennial Event and to register the Holly Sunday Event with the State of Minnesota. Motion passed unanimously. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjnurnment of the City Council meeting at 7:58 p.m. Motion passed unanimously. i 10/27/08 -7- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION OCTOBER 27, 2008 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City CouncillEconomic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:05 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Kay Lasman, Mary O' Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Community Development Director Gary Eitel, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. The agenda was amended to include a discussion on the dogs and the Animal Ordinance as agenda item no. 5. PEDDLER, SOLICITOR, AND TRANSIENT MERCHANT REGULATIONS The discussion continued on the study session discussion on Peddler, Solicitor and Transient Merchant Regulations. There was discussion on the following in relation to peddler, solicitor and transient merchant regulations: The term "transient" in relation to individuals offering lawn mowing services, boy scouts, girl scouts, etc. Distinction between terms "peddler", "solicitor", and "transient merchant" Whether there is an issue with the current ordinance or an issue with enforcement Receiving input from the Police Department on what would be helpful in addressing enforcement Education through a newsletter article on the subject Including the subject in the city-wide survey on a broad list of issues and concerns Ms. Diane Sannes, 7006 Willow Lane N, appeared before the Council and stated her concerns regarding peddlers/solicitors knocking on doors and trying to get into homes. She stated in June she called the Police Department at least four to five times about this, and the police said they needed help getting something on the books so they can go after these people. She stated the other issue is the people selling things out of their trunks on Brooklyn Blvd. The people at the shops there have said they call weekly and the police don't come out. She has given examples to staff of what other cities are doing, and it has not been a problem with boy scouts and girl scouts. She stated the people going door to door are a concern in the spring and summer months and it is a crime concern. She suggested if an article is included in the City newsletter that it run in the spring edition. 10/27/08 -1- DR.AFT Mr. LeFevere advised that the only way to eliminate issues with the aggressive individuals that are knocking on doors is to require background information and have the police do a background investigation. If there is criminal activity in an individual's background it would provide the City with justification for turning that license down. He stated to really protect people from being bothered the City would need to consider a prohibition on soliciting, which is very difficult. He noted it is possible that there could be a deterrent effect with people that may stay out of a town with a licensing requirement if they did not want their background looked into. Support was expressed for working through the Police Department in the following ways: raise awareness of the enforcement issue; request information on the Police Department's concerns and suggestions on what would be helpful in addressing enforcement. Interest was expressed in requesting input from the Police Department on the benefits/costs of licensing and background checks as a deterrent. Concern was expressed that background investigations could become costly. The majority consensus of the City Council was to direct staff to work with the Police Department on the regulatory activities for peddlers, solicitors, and transient merchants by raising the awareness of the enforcement issue and requesting input and suggestions on what would be helpful in addressing enforcement. ANIMAL ORDINANCE Mr. Boganey provided Council with the Anirnal Ordinance, Section 1-109: Limit on Number of Cats and Dogs. Mayor Willson recited Animal Ordinance, Section 1-109. It was noted that the ordinance states individuals may not have more than two dogs, more than three cats, or a combination of more than five animals. Mr_ LeFevere advised that the private kennel license was intended to take care of situations where ne alread ad more than two do s when the ordinance was ado ted. The Council at that time someo y h g p the fairest to eve one. However eve Ci chose a limit of two dogs as the best way to regulate and ry rY tY Council can decide whether they want to change the ordinance and allow more dogs or allow more dogs under certain circumstances. There was discussion on the following in relation to the ordinance and the request made at Open Forum by Mr. Ruppert to keep three dogs: Kennel licenses are no longer issued A change to the ordinance would not obviate the existing citation. However, prosecution would not necessarily be followed through, and a judge would not likely pay much attention to a charge if the ordinance has been amended. Mr. Boganey sta.ted the individuals are in violation of the ordinance and there is not a provision in the ordinance to allow for a variance or a kennel license. This is a policy question for the Council as to whether to accept and enforce the ordinance as it currently exists or whether the Council would like to change the ordinance. The majority consensus of the City Council was to di�ect staff to draft a compassionate letter to Mr. Ruppert indicating the following: 10/27/08 -2- DRAFT The City Council is required to uphold the ordinance as it exists, which does not a11ow three dogs to be housed on property in the City At this time the Council is not inclined to change the ordinance Kennel licenses are not available in the City any longer LEGISLATIVE POLICIES REVIEW LMC Mr. Boganey stated the City has until November 7, 2008 to forward any comments on the League of Minnesota Cities (LMC) 2009 Draft Legislative Policies. Staff has reviewed the policies and has not noted any objections. The majority consensus of the City Council was general agreement with the League of Minnesota Cities 2009 Draft Legislative Policies. Council members that wish to rank the policies will individually communicate their rankings to the LMC. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan seconded adjournment of the City CounciUEconomic Development Authority Work Session at 9:40 p.m. Motion passed unanimously. 10/27/08 -3- DRAFT City Council Agenda Item No. 7b COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: November 4, 2008 SUBJECT: Licenses for Council Approval Recommendation: I recommend that the City Council approve the following list of licenses at its November 10, 2008, meeting. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter t 2 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. GASOLINE SERVICE STATION Two Rivers Investment, Inc. 1525 120�' Lane NE, Blaine MECHANICAL Signminds Inc. 1050 33` Ave SE, Minneapolis RENTAL See atta.ched report. TOBACCO RELATED PRODUCT Two Rivers Investment, Inc. 1525 120t Lane NE, Blaine ,.aA.� �e `a k n�.� a� S z 4 r .w� ...AEa' �y''e. a J�+ik ....n .4L,. t�. s �4, �i'�t''�`+u s`�� o ,.ePt.; ..ha.... u.. 1WY �'s. �a �C�$' �w�� r�. .�...,.a.,.. z j 1 h �9 �m.� .,,�g'. J 2 ...a. .a� Z g .,.�i 5956 Beard Ave N ��Single Family Initial �Ann Cook �None per 12-911 Ordinance OK OK 5150 Drew Ave N �Single Family Initial �Chao Yang �None per 12-911 Ordinance OK OK 6936 Ewing Ave N �Single Family I Initial �Nathan Gerard �None per 12-911 Ordinance OK I OK 5300 France Ave N �Single Family Initial �Mounira Adam �None per 12-911 Ordinance OK I OK 7101 France Ave N �Single Family Initial �Luanne Carlson �None per 12-911 Ordinance OK I OK 5640 Fremont Ave N �Single Family Initial �Doug Wahl �None per 12-911 Ordinance OK OK 4953 Zenith Ave N �Single Family Initial �lerry Rath �None per 12-911 Ordinance OK OK 5233 Drew Ave N �Single Family Renewal IJames Joan Bagwell None per 12-911 Ordinance OK OK 6343 Dupont Ave N �Single Family I Renewal �Linh Nguyen �None per 12-9110rdinance OK I OK 6809 Fremont Place N �Single Family I Renewal �Terry Hartmann �None per 12-911 Ordinance OK OK 5737 Halifax Ave N �Single Family I Renewal IKendall Burke �None per 12-911 Ordinance OK I OK 3319 Mumford Rd (Single Family Renewal �William Coleman �None per 12-911 Ordinance OK OK 7111 Riverdale Rd �Single Family I Renewal �Allan Vicki Olson None per 12-911 Ordinance OK I OK I City Council Agenda Item No. 7c i COUNCIL ITEM MEMORANDUM TO: Curt Boganey; City Manager FROM: Sharon Knutson, City Clerk ��L�' DATE: October 23 2008 SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted By The Church of St. Alphonsus, 7025 Halifax Avenue North, for an Event to be Held January 24, 2009, Replacing the February 21, 2009, Event Date Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on-sale liquor license submitted by The Church of St. Alphonsus, 7025 Halifax Avenue North, for an event to be held on January 24, 2009, replacing the February 21, 2009, event date. Background: On August 1 l, 2008, the City Council approved the applications and permits for temporary on- sale liquor licenses for events to be held October 4 and November 15, 2008, and February 21, March 14, and May 2, 2009. The Church of St. Alphonsus, 7025 Halifax Avenue North, has submitted an application and permit for temporary on-sale liquor license for an event to be held January 24, 2009, replacing the February 21, 2009, event date. The applicant has satisfied the City's requirements and submitted the $25 fee for the license, along with a certificate of coverage for liquor liability insurance. It is recommended that the City Council consider approval of the application and permit for temporary on-sale liquor license submitted by The Church of St. Alphonsus. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. Citv Ordinance Section 11-107 (61 Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. CQ/YILL G��cl�1 EN Minnesota Department of Public Safety �n ALCOHOL AND GAM I L BLING ENFORCEMENT D VISION 444 Cedar Street Sui e t. Paui 101- t 33 4 t 133 S MN 55 5 `OFMM�� h� (651) 201-7507 Fax (651) 297-5259 TTY (651) 282-6555 W W W.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT N M R E Church of St Alphonsus 2/28/1959 ES 32Q45Y�iN� STREET ADDRESS CITY STATE ZIP CODE 7025 Halifax Ave No Brooklyn Cent�r 1NN 55429 NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHO Fr. Patrick J Grile �763� 561-5100 �763� 561 �00 DATES LIQUOR WILL BE SOLD Jaruary 24, 2(�09 TYPE OF ORGANIZATIO C'�i CHARTTART.F, �F.L(CrTnUS OTHF.R NnNPRnFTT ORGAMZATION OFFICER'S NAME ADDRESS Fr. Patrick J Grile Same as above ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area, describe pa r i s h C SS R. Hd Will the applicant contract f'or intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. Will tj �d��t�0� 1�C O��Umd�'ldance? If so, please provide the carrier's name and amount of coverage. l, APROVAL. ?.PPLI^.A:7CPr' RiiiST' 3E A�t�n€?Vr �'3 Bg' Cii'�' t`iR i.3UNTY $EF'�Rr, jiJ�ii�iTTiIVG TO ti►LCC3H�� GAM$LING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the applicatiort is approved the Alcohol »ad Gambling Entorcement Division will return Yhis application to be used as the License for the event PS-09079 (OS/06) i Certificate of Coverage Date: ro��o�zoo8 �=ertiticate xo�der This Certificate is issued as a matter of information only and wArchdiocese of St. Paul-Minneapolis nfers no ri hts u on the holder of this certificate. This certificate Chancery Office co g p 226 Summit Avenue does uot amend, extend or alter the coverage afforded below. St. Paul, MN 55102 Company Affording Coverage TI� CATHOLIC MUTUAL RELIEF SOCIETY 10843 OLD MILL RD Covered Location ONIAHA, NE 68154 Ghureh of St. Alphonsus 7025 Hatifax Avenue North Brooklyn Center, MN 55429-1394 Coverages This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and conditions o�'such coverage. Limits shown may have been reduced by paid claims. Coverage Effective Coverage Expiration Type of Coverage Certificate Number Date Date Limits Property I I I Real Personal Property I General Liability I General Aggregate I Products-Comp/OP Agg I Occurrence Personal Adv Injury I 8589 7/1/2008 7/1/2009 IEach Occurrence I500,000 Claims Made I Fire Damage (Any one fire) I Med Exp (Any one person) I Excess Liability I 8589 7/1/2008 7/1/2009 IEach occurrence �500,000 Other I I Each Occurrence I I Description of Operations/Locations/Vehicles/Special Items Coverage is verified with regard to the Covered Location's Cana Dinner, to be held in the parish CSSR hall, January 24, 2009. Includes Liquor Liability. `HolderoTCertificate Cancellation Should any of the above described coverages be cancelled City of Brooklyn Center before the expirat3o date thereof, the issuing company will 6301 Shingle Creek Parkway endeavor to mail days written notice to the holder of �Brooklyn Center, MN 55430 certificate named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. Authorized Representative 0111002158 City Council Agenda Item No. 7d MEMORANDUM To: Curt Boganey, City Manager FROM: Ronald A. Warren, Planning and Zoning Speciali:st DATE: November 4, 2008 SUBJECT: Site Performance Guarantee Release Recommendation: It is recommended that the City Council authorize release of the $10,000 site performance guarantee posted by Global Construction for the property located at 4821-23 Twin Lake Avenue North. Background: 1. The foilowing site performance guarantee being held for completion of various site improvements is recommended to be released: Global Construction and Investment Company, Inc. (4821-23 Twin Lake Avenue) Planning Commission Application No. 2006-013 Amount of Guarantee $10,000 (Cash Escrow) Obligor Global Construction and Investment Company, Inc. Ali of the site improvements and conditions for which a performance guarantee was posted have been installed. This two unit, two story townhouse proposal was approved by the City Council in lanuary 2007 with construction beginning in late May, early June 2007. Grading, utility and other engineering department requirements including the submission of an as built survey have been completed. The replatting of the property which will allow individual ownership of the two units was completed and filed in December 2007. All landscaping was installed in accordance with the approved plan, but was not reviewed until late November 2007. Reduction to $1,000 was authorized by the City Council in lanuary 2008 with review of the landscaping for viability in June 2008 for final release. Global Construction was notified of reduction but never submitted a replacement guarantee. Therefore, it is recommended that the City Council authorize release of the $10,000 guarantee based upon the viability of the landscaping and completion of the project. Budget Issues There are no budget issues. City Council Agenda Item No. 7e i Cit,� of Brooklyn Centep City Council Agenda Item Memorandum TO: Curt Boganey, City Manager FROM: Daniei Jordet, Director of Fiscal Suppor� Services DATE: 4 November 2008 SUB7ECT: Increase Petty Cash at BC Liquor Recommendation: It is recommended that the City Council allow BC Liquor to increase its petty cash holding from 5,700 to 10,700 to facilitate the management of change. Background: BC Liquor currently stocks its change at Store 1. Change is kept in rolls of coin and bundles of the various denominations of bills. When change is restocked, it is done by individual rolls which must be ordered from the bank, counted and transported. In order to save time it is recommended that the Liquor Fund increase the petty cash amount by an additional 5,000 to facilitate obtaining rolled coin by the box rather than by the individual roll. Boxes are seafed and the rolls do not need to be counted when obtaining them. This will save time in obtaining change and reduce the number of trips made to the bank for change. The petty cash fund is established by the governing body of each political subdivision in the state of Minnesota. A recent Statement of Position from the State Auditor recommends that the official minutes of a Council meeting reflect the establishment of petly cash funds and any changes thereto. Therefore, the attached resolution is presented for City Council approvaL Financial Impact: Removing 5,000 from the invested cash of the City for petly cash will have minimal efFect on the interest revenues. It is estimated that the annual difference in investment income will be less than 75.00 annually. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION 1NCREASING PETTY CASH AT BC LIQUOR WHEREAS, BC Liquor must mainta.in a change fund to supply currency change to its registers during business; and WHEREAS, an increase in the change fund will facilitate the process of obtaining currency from the bank. NOW THEREFORE BE IT RESOLVED b the Ci Council of the C i of Y tY tY Brooklyn Center that the petty cash fund for BC Liquor be increased by 5,000 to 10,700. November 10. 2008 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 declaxed duly passed and adopted. i City Council Agenda Item No. 9a i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant to the City Manager DATE: November 10, 2008 SUBJECT: An Ordinance Amending Chapter 19 of the City Code of Ordinances Adding New Sections Relating To the Abatement of Graffiti Recommendation: Staff recommends that the Brooklyn Center City Council consider approving second reading of an ordinance amending Chapter 19 of the City Code of Ordinances adding new sections relating to the abatement of graffiti. Background: The City Council passed, without changes, the first reading of the ordinance on October 13, 2008, setting the public hearing and second reading far November 10, 2008 of an ordinance to add new sections regulating graffiti. Minor language clarifications were made to the proposed amendment, indicated by double underline or strikeout for reference. The Notice of Public Hearin e n Post on October 23 g was published in the Brooklyn C nter Su 2008. Please refer to the attached Council Item Memorandum dated October 13, 2008 for moxe information. If adopted, the ordinance would go into effect on December 20, 2008. Budget Issues; Staff time from Police, Public Works, and Community Development is necessaxy to address increased graffiti defacements and abatements. Resources may be necessary to adequately address graffiti abatement on public property. An ordinance specific to graffiti would improve the effectiveness of staff in encouraging property owners/management to remove graffiti. Attachment: October 13, 2008 Council Item Memorandum Proposed Ordinance Amendment COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant to the City Manager DATE: October 13, 2008 SUBJECT: An Ordinance Amending Chapter 19 of the City Code of Ordinances Adding New Sections Relating To the Abatement of Graffiti Recommendation: Staff recommends that the Brooklyn Center City Council consider approving first reading establishing an ordinance regulating graffiti, and scheduling second reading and Public Hearing for November 10, 2008. Background: Graffiti vandalism continues to be a concern in the city, and achieving voluntary compliance has become more difficult in certa.in cases. Graffiti perpetrators are often associated with other criminal activities, including violent crimes. When a property is tagged, nearby properties often become targets of graffiti and other vandalism, especially if the graffiti is not removed promptly. Graffiti negatively affects entire neighborhoods. The sign ordinance has been used in the past to address graffiti, but does not adequately address graffiti related issues and may be subject to legal challenge. This ordinance would be incorporated into Chapter 19, and would provide tools that would be beneficial in protecting public and private property from defacement. Some key points of the ordinance are: Graffiti is defined. Requirements for removal and standards for restoration are established. The responsible parties are defined. Abatement and cost recovery procedures are established. Long-term solutions for re-occurring violations are addressed. Abatement procedures are established. Budget Issues: Staff time from Poli�e, Public Works, and Community Development is necessary to address iz�creased graffiti defacements and abatements. Resources may be necessary to adequately address graffiti abatement on public property. An ordinance specific to graffiti would improve the effectiveness of staff in encouraging property owners/management to remove graffiti. Attachment: PROPOSED ORDINANCE ORDINANCE NO. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the l Oth day of November, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 19 of the City Code relating to the abatement of graffiti. Auxiliary a.ids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 612-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY CODE OF ORDINANCES ADDING NEW SECTIONS RELATING TO THE ABATEMENT OF GRAFFITI THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19 is amended to add the following new Sections: i Section 19-3000. FINDINGS AND PURPOSE. The Cit� Council of the Citv of Brookivn Center is enactin� sections 19-3000 through 19-3006 to heln nrevent the snread of �raffiti vandalism and to esta.blish a nro�ram for the removal of graffiti from nublic and nrivate pronertv. The Council finds that �raffiti is a nublic nuisance and destructive of the ri�hts and values of propertv owners as well as the entire communitv. Graffiti neroetrators are often associated with other criminal activities. includin� violent crimes. Unless the Citv acts to remove �raffiti from public and nrivate nronertv. the �raffiti tends to remain. Other �ronerties then become the tar�et of �raffiti and entire neighborhoods are affected and become less desirable places in which to be, all to the detriment of the citv. The Citv Council intends. throu�h the adontion of sections 19-3000 throu�h 19-3006 to nrovide additional enforcement tools to orotect nublic and �rivate nropertv from acts of �raffiti vandalism and defacement of nublic and nrivate nronertv. The council does not intend for these sections to conflict with anv existine anti-eraffiti state laws or "criminal damaee to nronertv" laws. Section 19-3001. DEFINITIONS. The followinff definitions shall avnlv in the interaretation and enforcement of sections 19-3000 throush 19-3006. 1. Aerosol Paint Container means anv aerosol container that is adanted or made for the puruose of anplvin� sprav baint or other substances canable of defacin� nronertv. L 2. Broad-Tinned Marker means anv felt tin indelible marker or similar imalement with a flat or angled writin� surface that. at its broadest width. is �reater than one-fourth of an inch, containin� ink or other ni�mented liauid that is not water soluble. ORDINANCE NO. 3. Citv Mana�er the Citv Manaaer of the Citv of Brooklvn Center or the Manaffer' authorized desi�nee. 4. Etchins Eauinment means an� tool. device. or substance that can be used to make permanent maxks on anv natural or man-made surface. s mbol or other 5. Graffiti means anv unauthorized inscri�tion, word, fi�ure, naintin�, v defacement that is written, marked, etched. scratched, spraved, drawn, painted. or en�raved on or otherwise affixed to anv surface of nublic or nrivate bronertv bv anv �raffiti imnlement, that was not authorized in advance bv the owner or occut�ant of the bronertv, or, desnite advance authorization�, otherwise is deemed a public nuisance bv the citv counciL 6. Graffiti Im�lement means an aerosol oaint container. a broad-tinped marker, �um label, naint stick or �raffiti stick, etching eauinment, brush or anv other device canable of scarrin� or leaving a visible mark on anv natural or man-made surface. 7. Paint Stick or Graffiti Stick means any device containin� a solid form of paint, chalk, wax, enoxv, or other similar substance capable of bein� annlied to a surface bv nressure and leavin� a mark of at least one-fourth of an inch in width. 8. Owner those shown to be the owner or owners on the records of the Hennepin Countv Denartment of Proneriv Taxation: those identified as the owner or owners on a vacant buildin� re�istration form, a holder of an unrecorded contract for deed. a mort�a�ee or vendee in nossession, a mort�a�or or vendor in possession, an assi�nee of rents, a receiver. an executor, a trustee, a lessee, other oerson, firm or corooration in control of the freehold of the nremises or lesser esta.te therein. An owner also means any person. vartnershin, association, cornoration. or fiduciarv having a' le�al ar eauitable title or anv i interest in the nronertv or buildin�. This includes anv partner. officer, or director of anv partnershin, corooration, association or other legallv-constituted business entitv. AII owners shall have ioint and several obligations for comnliance with the nrovisions of sections 19- 3000 throu�h 19-3006 of this code. 9. Resnonsible Partv means an owner, occuuant. entitv or person actin� as an a�ent for the owner who has direct or indirect control or authorit� over the buildin� or real bropertv upon which the buildin� is located. and anv nartv havin� a le�al or eauitable interest in the propertv. Resnonsible nartv mav include, but is not limited to, a realtor. service urovider, I mort�a�or, leasin� a�ent, mana�ement comnanv or similar nerson or entitv. Section 19-3002. PROHIBITED ACTS. 1. Defacement. It is unlawful for an� nerson to annlv �raffiti to anv natural or man-made surface on anv nubliclv or nrivatelv-owned nropertv. 2. Possession of �raffiti imnlements. Unless otherwise authorized bv the owner or occupant. it is unlawful for anv uerson to vossess anv �raffiti imnlement while: ORDINANCE NO. a. within 200 feet of anv �raffiti located in or on a nublic facilitv. nark, plav�round, swimmin� nool, recreational facilitv, bridee, or other nublic buildin� or structure owned or onerated bv a�overnmental a�encv; ar b. within 200 feet of anv �raffiti located in anv nublic nlace or on nrivate nropertv, between the hours of 10:00 n.m. and 5:00 a.m. Section 19-3003. GRAFFITI AS NLJISANCE. 1. Declaration. The existence of �raffiti on nublic or brivate nronertv is exnresslv declared to be a nublic nuisance and. therefore. is subiect to the removal and abatement nrovisions specified in sections 19-3004 and 19-3005. 2. Dutv of nronertv awner. It is the dutv of both the owner of the nronertv to which the graffiti has been apnlied and anv resnonsible nartv to at all times keen the nrouertv clear of �raffiti. 3. Reneat violations. If a nronertv is subiect to three or more occurrences of �raffiti within a vear, anplication of anti-�raffiti material of a tvue and nature that is accentable to the citv mav be reauired for each of the bubliclv viewable surfaces after notification bv the citv, or imnosed durin� improvements or construction activities to the site as determined bv the citv. Section 19-3004. REMOVAL OF GRAFFITL 1. Bv nerpetrator. The Citv mav reauire anv nerson annlvin� �raffiti on nublic or nrivate nropertv to either remove or uav for all costs for removal of the graffiti within 24 hours after notice bv the citv or propertv owner. The removal must be nerformed in a manner urescribed bv the citv, with materials and colors comnatible with existin� surfaces, and to a condition that is compaxable to or imnroved unon the condition that existed before the graffiti annlication, as determined bv the citv. Where �raffiti is annlied bv a nerson under 18 veaxs old, the narents or le�al �uardian will also be resnonsible for such removal or for navment for the costs of removal. Failure of anv person to remove �raffiti or nav for the removal will constitute an additional violation of Section 19-3000 throu�h 19-3006 2. Bv prouertv owner or citv. In lieu of the nrocedure set forth in nara�raph 1, the citv mav order that the eraffiti be removed bv the nronertv owner or resnonsible bartv. Graffiti removal and corrections must be nerformed with materials and colors comuatible with existin� surfaces as determined bv the citv. If the nronertv owner or resuonsible nartv fails to remove offendin� �raffiti within the time snecified bv the citv. the citv mav commence abatement and cost recoverv nroceedines for the �raffiti removal in accordance with section 19-3005. Section 19-3005. ABATEMENT PROCEDURE. 1. Abatement bv citv. If the owner or resuonsible nartv does not comnlv with the notice within the time snecified, the citv mav abate the public nuisance. 2. Notice and Hearin�. The followin� notification must be conducted nrior to citv abatement of the nublic nuisance. Whenever it is determined that a?�ublic nuisance is bein� maintained or exists on a bronertv. the Citv Mana�er must �ive seven (71 davs' written notice ORDINANCE NO, throu�h service bv mail. bv nostin� a notice on the nronertv, or bv bersonal deliverv to the owner or resnonsible bartv of the nronertv on which the nublic nuisance is located. When the vronertv is occunied, service unon the occunant is deemed service unon the owner. Where the propertv is unoccunied or abandoned, service ma� be bv mail to the last known owner of record of the propertv or bv nostin� on the nronertv. The notice must state: a. A describtion of the nublic nuisance: b. That the bublic nuisance must be corrected within 7 da�s of the service of the notice; c. That if the nublic nuisance is not nronerlv removed or corrected as ordered. the nublic nuisance will be abated bv the citv and the costs of abatement will be sneciallv assessed to the nropertv taxes; d. That the owner or resvonsible nartv of the nronertv on which the nublic nuisance is located mav in writin� reauest a hearine before the Citv Mana�er. 3. Aearin�, Action. If a hearin¢ is reauested durin� the 7-dav neriod. the Citv Mana�er must promntiv schedule_ the hearins. and no further action on the abatement of the public nuisance mav be taken until the Mana�er's decision is rendered. At the conclusion of the, scheduled hearin�, the Mana�er mav il cancel the notice to remove or correct the public nuisance, iil modifv the notice, or iiil affirm the notice to remove or correct the public nuisance. If the notice is modified or affirmed, the �ublic nuisance must be disvosed of in accordance with the citv's written order. 4. Summarv abatement. The enforcine officer mav provide for abatin� a bublic nuisance without followin� the procedure reauired in nara�ranh 2 when: a. there is an immediate threat to the �ublic health or safetv; b. there is an immediate threat of serious oronertv dama�e: c. a nublic nuisance has been caused b� nrivate narties on nublic nropertv; or d. anv other condition exists that violates state or local law and that is a public health or safetv hazard. A reasonable attemnt must be made to notif� the owner, occunant. or other resnonsible nartv of the intended action and the ri�ht to avneal the abatement and cost recoverv at the next re�ularlv-scheduled Citv Council meetin�. 5. Cost recoverv. The owner of nronertv on which a nuisance has been abated bv the citv,, or a person who has caused a public nuisance on oronertv not owned bv that nerson. is nersonallv liable to the citv for the cost of the abatement, includin� administrative costs. As soon as the work has been combleted and the cost determined. the citv will nrenare a bill for the cost and mail it to the owner or other resx�onsible nartv. The amount is immediatelv due and oavable to the citv. ORDINANCE NO. 6. Assessment. If the cost, or an�� nortion of it. has not been naid within 30 davs after the date of the bill, the council mavi certifv the un�aid cost a�ainst the oronertv to which the cost is attributable in accordance with the process set forth in section 19-105 of this Code.. Section 19-3006. PENALTIES. l. Anv violation of sections 19-3000 throuah 19-3006 is a misdemeanar, punishable in accordance with state law. The Citv is not, however. �recluded from seekin� other remedies or civil nenalties available under this code or state law. A�rivate nronertv owner mav also seek additional penalties or remedies. Section 2. This ordinance shall become effective after adoption and uvon thirtv (301 davs followin� its le�al nublication. Adopted this day of 2008. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Underline indicates new matter; strikeout indicates matter to be deleted, double underline indicates new matter since first reading.) City Council Agenda Item No. 9b COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Vickie Schleuning,�'��sistant to the City Manager DATE: November 10, 200& SUBJECT: An Ordinance Amending Chapter 12 of the City Code of Ordinances Adding New Sections Relating to the Registration and Regulation of Vacant Buildings Recommendation: Staff recommends that the Brooklyn Center City Council consider approving second reading of an ordinance amending Chapter 12 of the City Code of Ordinances Adding New Sections Relating to the Registration and Regulation of Vacant Buildings Background: The City Council passed, without changes, the first reading of the ordinance on October 13, 2008, setting the public hearing and second reading for November 10, 2008 of an ordinance to amend the regulation of vacant buildings. Some changes, primarily minor language clarification changes, were made and indicated by double underline or strikethrough. 'The Notice of Public Hearing was published in the Brooklyn Center Sun Post on October 23, 2008. Please refer to the attached Council Item Memorandum dated October 13, 2008 for more information. If adopted, the ordinance would go into effect on December 20, 2008. BUDGET ISSUES A significa.nt amount of city resources is being expended to address vacant property issues, often shifting resources from other prograxn activities. Information about funding sources and fees wi71 be provided at a future Council Meeting. Some budgetary items to consider include: Sta.ff resources for on-site evaluations, administrative functions, registration process, and similar operations would be required. Some of these functions have been considered in the 2009 budget as part of the special levy. Other resource$ would be funded by proposed registration fees. If fees are recovered through the special assessment certification process, those fees may not be received until the following fiscal year. o Registration fees vary across the nation. Fees are as.low as $150 year to more than $6,000 year. Many tiered or sliding fee schedules exist, which are based on candition of property/violations or length of vacancy. Feedback from agencies and industry varied as welL Costs and allocation of resources- balancing resources devoted to criminal enforcement actions unishment) versus correction. ATTACHED October 13, 2008 Council Item Memorandum Proposed Ordinance Amendment Copy of Work Session Documents and Vacant Building Analysis Report !L COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant to the City Manager DATE: October 13, 2008 SUBJECT: An Ordinance Amending Chapter 12 of the City Code of Ordinances Adding New Sections Relating to the Registration and Regulation of Vacant Buildings Recommendation: Staff recommends that the Brooklyn Center City Council consider approving first reading of an ordinance amending the Regulation of Vacant Properties, and scheduling second reading and Public Hearing for November 10, 2008. Background: On April 28, 2008, the City Council provided feedback to staff regarding strategies to address nuisance issues associated with foreclosed and vacant properties. Staff implemented some successful anti-blight strategies (I.e. VacantWatch, abatements, periodic monitoring), while gathering information in order to develop an ordinance to address associated issues. The findings of an analysis of vacant single family properties were reviewed with the City Council on August 28, 2008. More than 80% of the properties had code violations, ranging from minor nuisances to significant hazards, and often resulting in blight in the neighborhood. Sta.ff has also received feedback from service provider companies, who help mortgage companies maintain properties, regarding logistics of vacant building registration and requirements. As a result, an ordinance to address vacant buildings is attached for your review and adoption. The purpose of the ordinance is to help track and manage the conditions of vacant properties, provide a method to improve communication and education for interim owners and potential buyers, provide a method in which to implement long-term foreclosure and revitaliza.tion strategies, and help recover some of the costs to the city to perform these functions focusing on those parties that use excessive city resources. The following are highlights of the proposed vacant building registration ordinance: Require a residential or commercial property vacant for more than 30 days to be registered with the city. Properties vacant for more than 365 days, without an approved property plan, would be required to be demolished. Esta.blish definitions. An owner and responsible party would include anyone with ownership interest in the property. Provide securing and maintenance requirements. Establishes a process for correction and city-facilitate abatements. Establishes a process for collecting unpaid fees and costs of abatements, including special assessment. BUDGET ISSUES A significant amount of city resources is being expended to address vacant property issues, often shifting resources from other program activities. Information about funding sources and fees will be provided at a future Council Meeting. Some budgetary items to consider include: Staff resources for on-site evaluations, administrative functions, registration process, and similar operations would be required. Some of these functions have been considered in the 2009 budget as part of the special levy. Other resources would be funded by proposed registration fees. o Registration fees vary across the nation. Fees are as low as$150 year to more than $6,000 year. Many tiered or sliding fee schedules exist, which are based on condition of property/violations or length of vacancy. Feedback from agencies and industry varied as well. Costs and allocation of resources- balancing resources devoted to criminal enforcement actions (punishment) versus correction. ATTACHED Proposed Ordinance Amendment August 25, 2008 Council Work Session Documents i Aitachment- Proposed Ordinance CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the lOth day of November, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 12 of the City Code of Ordinances adding new sections relating to the registration and regulation of vacant buildings. A�iliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 612-569-3300 to make a.rrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY CODE OF ORDINANCES; ADDING NEW SECTIONS RELATING TO THE REGISTRATION AND REGULATION OF VACANT BUILDINGS T�IE CITY CO�JAT�IL OF THE CITY OF BROOKLYN CENTER DOES QRDAIN AS FOLLOWS: Section 1. Chapter 12 is amended to add the following new Sections: Section 12-1501. POLICY. The vuroose of sections 12-1501 through 12-1511 is to, protect the nublic health. safetv. and welfare bv esta.blishin� a nro�ram for the identification and re�ulation of vacant buildin�s within the Cit�. Sections 12-1501 throu�h 12-1511 also determine the responsibilities of owners of vacant buildin�s and, provides for administration, enforcement, and nenalties associated with the same. Section 12-1502. FINDINGS. Vacant buildin�s are a major cause and source of blisht in residential and non-residential neiahborhoods, esneciallv when the owner or resnonsible nartv of the buildin� fails to activelv maintain and manase the buildin� to ensure it does not become a liabilitv to the neishborhood. Vacant buildin�s often attract, transients, homeless neonle, tresnassers. and criminals. includin� dru� abusers. Ne�lect of vacant buildinES. as well as use of vacant buildin�s b� transients and criminals, creates a risk of fire, exnlosion. or flooding for the vacant buildin� and adiacent nroperties. Vacant nroperties axe often used as dumoine erounds for iunk and debris and are often over�rown with weeds and �rass. Vacant buildin�s-�k that are boarded un to nrevent entrv bv transients and other long-term vacancies discoura�e economic development and retard annreciation of bronertv values. There is a substantial cost to the cit� for monitorin� vacant buildin�s whether or not those buildin�s are boarded up. This cost should not be borne bv the �eneral taxnavers of the communitv but rather these costs should be borne bv those who choose to leave their buildin�s vacant. ORDINANCE NO. Section 12-1503. DEFINITIONS. The followin4 definitions shall annlv in the interoreta.tion and enforcement of sections 12-1501 throu�h 12-1511.. 1. Comnliance Official the Citv Manaaer and �s the Citv Mana e�r's desi�nated a�ents authorized to administer and enforce sections 12-1501, throu�h 12-1511 of this Code. 2. Buildin� a building or structure desi�ned for business use or human use or occunancv. 3. Owner those shown to be the owner or owners on the records of the, Hennenin Countv Denartment of Prot�ertv Taxation: those identified as the owner or owners on a vacant buildina re�istration form. a holder of an, unrecorded contract for deed. a mortgasee or vendee in possession, a mort�a�or or vendor in vossession. an assi�nee of rents, a receiver. an executor, a trustee. a lessee. other berson. firm or cornoration in control of the freehold of the vremises or lesser estate therein. An owner also means, anv nerson. nartnershin. association, coruoration, or fiduciarv havin� a leQal or eauitable title or anv interest in the �ronertv or buildin�. This includes anv-pa�tner. officer, or director of-anv-nartnershin, cornor�tian, association or other le�allv-constituted business entit��. All owners shall have ioint and several obli�ations for comoliance with the vrovisions of sections 12-1501, throueh 12-1511 of this Code. 4. Resnonsible nartv means an owner, occupant. entitv or nerson acting as an a�ent for the owner who has direct or indirect control or authoritv over the buildin� or real nronertv unon which the buildin� is located. Anv partv havin� a le�al or eauitable interest in the oronertv. Resnonsible partv mav include, but is not limited to. a realtor. service provider. mort�a�or, leasin� a�ent, mana�ement comvanv or similar �erson or entitv. 5. Vacant buildin¢ a buildin� or structure is vacant if no nerson ar persons actuallv and currentiv conducts a lawful business or lawfullv resides or lives in anv part of the buildin� on a nermanent. nontransient basis in accordance, with the Citv's zonin� regulations. Section 12-1504. VACANT BUILDING REGISTRATION., 1. Analication. The owner or resnonsibie nartv mnst re�ister a vacant buildin� with the Citv no later than thirtv (301 davs after the buildins becomes vacant. The re�istration, must be submitted on a form ?�rovided bv the Citv and shall include the followin�. information sunplied bv the owner: a. The name. address, televhone number. and email address, if applicable, of each owner or the owner's revresentative; ORDINANCE NO. b. The names, addresses, tele�ahone numbers. and email addresses. if anplicable, of all known lien holders and all other parties with anv le�a1 interest in the buildin�; c. The name, address, teleahone number, and email address, if a�nlicable, of a local a�ent or nerson resnonsible for mana�in� or maintainin� the nropertv; d. The legal descrivtion, tax narcel identification number, and street address of the t�remises on which the buildinQ is situated; e. A descrintion of the �remises, includin� the common address of the �ro,nertv; f. The date the buildin� became vacant. the neriod of time the buildinff is exnected to remain vacant, and a nronertv nlan and timetable for returninff the buildin� to annronriate occuoancv or use and for correctin� code violations and nuisances, or for demolition of the buildin�;. g. The status of water. sewer, natural �as and electric utilities., h. The owner must notifv the comnliance official of anv chan�es in information sunnlied as nart of the vacant buildins re�istration within thirtv (301 davs of the chan�e. 2. Pronertv Plan. The �ronertv nlan identified in section 12-1504(11(fl must meet the followin� reauirements: a. General nrovisions. The olan must complv with all avplicable re�ulations and meet the annroval of the comoliance official. It must contain a timetable. re�ardin� use or demolition of the pronertv. The nlan must be comnleted within 30 davs e�e�-e`�—a atZ'io�'oir ci cricraa �a t-a a a�� after the buildin� is re�istered. b. Maintenance of buildinQ The �lan must identif� the means and timetable, for addressin� a11 maintenance and nuisance-related items identified in the apUlication. Anv renairs improvements or alterations to the propertv must complv with the anplicable buildin� codes and citv re�ulations. c. Plan Chan�es. If the pronertv nlan or timetable for the vacant buildina is revised in anv wa�, the revisions must meet the a�proval of the comnliance officiaL d. Demolition Reauired. If a buildin� has remained vacant for a period of three hundred and sixtv-five (3651 consecutive davs. and the com�liance official has not abnroved an alternative schedule in the pronertv nlan, the owner must demolish the buildina and restore the �rounds. If the owner does not ORDINANCE NO. demolish the buildin�, the citv mav commence abatement and cost recoverv tement of the violation in accordance with cit�� code P roceedin�s for the aba section 19-105. i n. If the owner does not com�alv with the 3. Non-comnhance and Noti�cat o propertv plan or maintain or correct nuisance items, the Cit� mav commence abatement and recover its costs for correction of those items in accordance with citv code section 19-105. In the case of an absent owner and onQoin� nuisance items, the citv need not nrovide notice of each abatement act to the owner. A sin�le notice bv the citv to the owner that it intends to �rovide on�oin� abatement until the owner corrects the items will be sufficient notice. 4. Exemptions. a: Fire Damage. A buildin� that has suffered fire dama�e is exemnt from the re�istration reauirement for a veriod of ninetv (901 davs after the date of the fire if the owner submits a reauest for exem�tion in writine to the comnliance official. A reouest for exemution must be avnroved bv the code official and. include the followin� information suonlied bv the owner: i. A descrintion of the bremises; ii. The name and address of owner or owners;. iii. A statement of intent to re�air and reoccunv the buildms m an expeditious manner and the time frame for completion: iv. Actions the owner will take to ensure the �ronertv does not become a nuisance for the nei�hborhood. b. "Snowbirds." Those versons who leave their residential buildings on a temporarv basis for vacation ouruoses or to reside elsewhere during the winter season and have the intent to return are exempt from the re�istration reauirement. Exemntion as a"snowbird" will be �ranted with �roper verification. 5. Fees. The owner must ?aav an annual re�istration fee. The re�istration fee will, be in an amount adonted bv resolution bv the Citv Council. The amount of the re�istration fee shall be reasonabl� related to the administrative costs for re�istering and nrocessins the re�istration form and for the costs of the CitU in monitorin� the vacant buildin� site. The fee must be paid in full prior to the issuance of anv building nermits or licenses, with the exceotion of a demolition nermit. 6. Waiver of Fee. The re¢istration fee mav be waived if the owner or resnonsible nariv has baid all nast due re�istration fees and all other financial obli�ations ORDINANCE NO. and debts owed to the Cit� that are associated with the vacant propertv and demonstrates. to the satisfaction of the compliance official: a. that the vronertv is re-occunied with the exceution of demolition. within a neriod of time deemed reasonable to the com�liance official: and either I, b. that he she is in the !arocess of demolition. rehabilitation, or other I substantial reuair of the vacant buildin¢; or c. that he or she has a nlan for the a demolition, rehabilitation, or other substantial repair of the vacant buildin� in a neriod of time that is deemed reasonable to the com�liance off'icial: g7. Assessment. If the re�istration fee or an�� nortion is not naid within 60 davs after billins, or within 60 davs after anv anneal becomes final. the Citv Council mavi certifv the unnaid cost a�ainst the oronertv in accordance with the �rocess set forth in section 19-105 of this code. �S. �ssuance of Per�it. Unon comnletion of the re�istration �rocess and navment of the fee, the Citv will issue a Vacant Buildin� Permit to the owner. The owner must securelv nost the nermit on the vacant buildin�. if nossible. on a side entrance door that is not �enerall� visible from the bublic street. If no side entrance door is available. the nermit must be securelv nosted on another available entrance door. If the oronertv is abandoned or the owner or, 'ls com�lete the re�istration nrocess. the nronertv will be resvonsible partv fai to administrativelv re�istered as a vacant nronertv. Section 12-1505. CHANGE OF OWNERSHIP. A new owner(s� must re�ister or re- re�ister a vacant buildin� under section 12-1504 within fifteen (151 davs of anv transfer of an ownershin interest in a vacant buildin�. The new owner(sl must complv with the avnroved nronertv nlan and timetable submitted b� the nrevious owner. Anv proposed chan�es in the bronertv blan must be submitted and aonroved bv the comvliance officiaL Section 12-1506. INSPECTIONS. The compliance official ma� insnect anv vacant buildin� in the Citv for the nuroose of enforcin� and assurin� comnliance with sections 1Z-1501 throu�h 12-1511 and other a�blicable re�ulations. Unon the reauest of the combliance official, an owner or res�onsible nartv must vrovide access to all interior nortions of the buildin� and the exterior of the �ronertv in order to complete an inspection. If the owner or resoonsible nartv is not available to vrovide access to the interior of the buildine, the Citv mav use anv le�al means to �ain entrance to the buildina for insnection nuraoses. Prior to an� re-occunancv, a vacant buildin� must be ins�ected bv the Citv and found to be in com�liance with Ghanter 12 of the Ci Code �°^�z- r.,�� '-�T and all other apnlicable re�ulations. All apnlication and reinsnection fees must also be v aid nrior to an� reoccunancv of the buildin�. All such fees are set bv Resolution of the Citv CounciL ORDINANCE NO. ANT BUILDINGS. The owner must Section 12-1507. MAINTENANCE OF VAC comnlv with and address the followin� items in the vronertv nlan, as described in section, 12-1504(21: L Aoaearance. All vacant buildin6s must be so maintained and kept that thev abpear to be occuni�d. 2. Securin�. All vacant buildin�s must be secured from outside entrv by unauthorized nersons or �ests. Securitv must be bv the normal buildin� amenities such as windows and doors havin4 adeauate strenQth to resist intrusion. All doors and windows must remain locked. There shall be at least. one onerable door into everv building and into each housing unit. Exterior walls and roofs must remain intact without holes. a. Architectural (Cosmetic) Structural Panels. Architectural structural panels mav be used to secure windows, doors and other o�enin�s nrovided thev are cut to fit the onenin� and match the characteristics of the buildin�., Architectural nanels mav be of exterior �rade-finished plvwood or Medium Densitv Over�aid vlvwood (MD01 that is- nainted �o match the_ bui,ldin� exterior or covered with a reflective material such as plexi-�lass to simulate windows. b. Temnorarv Securing. Untreated �lvwood or similar structural ?�anels or temnorarv construction fencin� mav be used to secure windows. doors and other openin�s for a maximum �eriod of 14 davs. c. "Artistic" board-un. With oriar abbroval of the com�liance officiaL artistic ontions mav be utilized to secure a vacant buildinQ. d. Emeruencv securing. The com�liance officiai mav take steps to immediatelv secure a vacant buildin� at his or her discretion in emeraencv circumstances. 3. Fire Safetv. a. Fire nrotection svstems. Owners of non-residential vacant buiidin�s must maintain all fire vrotection svstems. annliances and assemblies in oneratin� condition and mainta.in undervvriter laboratories �e� (UL� manitorin� of alI svstems. b. Removal of hazardous and combustible materials. The owner of anv vacant buildin�. or vacant uortion thereof, must remove all hazardous material. and hazardous refuse that could constitute a fire hazard or contribute to the spread of fire. ORDINANCE NO. 4. Plumbin� fiartures. Pluxnbinff fixtures connected to an a�nroved water svstem, an annroved sewa�e svstem. or an annroved natural �as utilitv svstem must be installed in accordance with apnlicable codes and be maintained in sound condition and �ood revair or removed and the service terminated in the manner prescribed bv anplicable codes. The buildins's water sUStems must be nrotected from freezin�. 5. Electrical. Electrical service lines, wirin�, outlets or fixtures not installed or maintained in accordance with apnlicable codes must be reoaired. removed or the electrical services terminated to the buildin� in accordance with a�nlicable codes. 6. Li�htin�. All exterior lightin� fixtures must be maintained in aood renair. and illumination must be t�rovided to the buildin� and all walkwavs in the same manner as brovided at the time the buildina was last occunied or as otherwise provided in the apnroved vacant buildin� plan. 7. Heatin�. Heatin� facilities or heatinQ eouinment in vacant buildin�s must be removed. rendered inouerable. or maintained in accordance with a�plicable codes. 8. Termination of utilities. The compliance official mav reauire that water. sewer, electricitv, or �as service to the vacant buildin� be terminated or disconnected. Prior to the termination of an�� utilitv service, written notice must be �iven to the owner. No utilitv mav be restored until consent is �iven bv the comnliance o�cial. Utilities ma� be discontinued at the reauest of the owner or resnonsible nartv as nart of the annroved vacant buildin� oronertv nlan. The compliance official mav authorize immediate termination of utilities at his or her discretion in emer�encv circumstances. 9. Si�na�e. Obsolete or unused exterior si�ns and installation hardware must be, removed. Holes and venetrations must be �roneriv natched and t�ainted to match the buildin�. Surfaces beneath the signs that do not match the building must be renaired. resurfaced. nainted or otherwise altered to be comnatible with the buildin� surfaces. All sisns must be maintained in Qood condition and in compliance with Cha�ter 34 of this code. Auction siens or attention-�ettin� devices ma� be nlaced on a nronertv for no more than fourteen (141 consecutive da�s nrior to the auction date and must be removed within three (31 davs followin� the auction. 10. Egterior maintenance. The owner must com�lv with all anplicable provertv maintenance re�ulations and citv codes includin�, but not limited ta the followin�: ORDINANCE NO. I ust eliminate anv activit�� on the pronertv ances. The owner m a. Public nuas that constitutes a nublic nuisance as defined bv section 19-103 of the citv code., b. Grass and weeds. An�� weeds or �rass must be no �reater than six (61 inches in heisht. c. Exterior structure maintenance. The owner must maintain the vacant h 12-713 as determined to be, I buildins in com�liance with sections 12 701 throug necessarv bv the code official. d. Abandoned or iunk vehicles. The owner must remove abandoned and junk vehicles from the nronertv. The Cit� mav imvound such vehicles consistent, with the reauirements in Chanter 19 of the citv code. e. Stora�e and disnosal of refuse. The stora�e and dis�osal of refuse must comnlv with the reauirements of Chaoter 7 of the citv code. I from the f. Animals. The owner must ensure that all animals are removed pronertv and handled in a humane manner. Diseased. dead or hazardous trees. The owner must remove diseased,. dead or hazardous trees or branches from the �ronertv in accordance with, Chapter 20 of the citv code. h. Graffiti. The owner must remove all araffiti from the vropertv in i accordance with citv ordinance. i. Abandoned nools� Swimming �ools must be maintained in Eaod operatin� condition; treated to �revent t�est harbora�e; or nronerlv drained and emntied. Swimmin� nools must be secured in accordance with cit�� code section 19-1402. 11. Removal of �arba�e and refuse. The owner of an� vacant buildins, or vacant portion thereof. must remove all sarba¢e. refuse, rubbish. swill. filth. or other materials from the vacant buildinQ and the nronertv unon which the buildin¢ is located. 12. Police �rotections svstems. The owner must �ronerlv maintain all alarm svstems in anv vacant buildin� or portion thereof in ooeratin� condition. 13. Loitering, criminal activities. Loiterin� or en�a�in� in criminal activities is not allowed in the vacant buildina or on the real �ronertv unon which the vacant buildin� is located. The owner or responsible nartv must not a11ow these activities and take immediate actions to eliminate these conditions once notified bv the citv. I 14. Emer�encv Abatement. The compliance official mav authorize immediate abatement of anv �ublic nuisance or maintenance item if. in the discretion of the comnliance official. emer�encv circumstances exist that �resent an imminent threat to the nublic health and safetv. 15. Other Codes. All other cit�r codes and annlicable re�ulations must be comvlied with. i ORDINANCE NO. Section 12-1508. NO OCCUPANCY OR TRESPASS. No �erson mav tresnass, occupv or reside in. on a temnorarv or bermanent basis, an� vacant buildin� without the owner's consent. Section 12-1509. VANDALISM OR REMOVAL OF ITEMS PROHIBITED. No nerson mav vandalize or remove items from a vacant buildin� or the �ronertv unon which it is located, includin�e bu� not limited to, annliances. fixtures, electrical wirin�. covner, or other similar items without the owner's consent., Section 12-1510. APPEAL. An� nerson or resvonsible nartv a��rieved bv a decision under sections 12-1501 throu�h 12-1509 ma�� anneal to the Citv Council. The anneal must be in writin�, must s�ecifv the �rounds for the abneal. and must be submitted to the Citv Mana�er within ten business da�s of the decision that is basis of the avneal. Section 12-1511. PENALTIES. An� nerson or res�onsible nartv who violates sections 12-1501 throu�h 12-1510 is subiect to the nenaltv as brovided under section 12-1205 of this code. Nothin� in sections 12-1501 throuQh 12-1511. however, is deemed to imoair other remedies or civil �enalties available to the Citv under this code or state law. includin�, but not limited to. Minnesota Statutes Sections 463.15 throuah 463.261. Section 2. This ordinance sha11 become effective after adoption and after thirty (30) days following its legal publication. Adopted this day of 2008. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (iJnderline indicates new matter; double underline indicates matter added since first reading, strikeout indicates matter to be deleted.) Attachment August 25, 2008 Council Work Session Documents MEMORANDUM COUNCIL WORK SESSION DATE: August 25, 2008 TO: Ciut Boganey, City Manager FROM: Viclde Schleunin� Assistant to the City Manager SUBJECT: An Ordinance Amending the Regulation of Vacant Properties Recommendation: Staff is seeking feedback on a draft ordinance regarding reSula�ion of vacant properties. Backgronnd On Apri128, 2008, the City Council provided feedback to staff regarding strategies to address nuisance issues associated with foreclosed and vacant properties. Since that tima staff has gathered information in order to develop an ordinance to address associated issues. A base of information has been compiled based on researcli, onsite investigations, and results of implementing available remediation measures. An ordinance to address vacant buildings is attached for your review and adoption. An analysis was conducted of the single family residential pmperties in order to identify the extent of vacant properties, evaluate the conditions, remediate health/life safety hazards, provide resource pmjections and pmvide housing information to assist in developing housing strategies. A report outlining the Vacant Building Analysis is attached for your information. The information was compiled from June to August 2008. Some key findings of the analysis includ.e: The vacant pmperty situa#ion is in flwc and vacancies alone aze expected to be lugh at least the next 3 years based on current foreclosure data. The status of the properiy, ownership, responsible parties, and numbers can change daily. Some of the properties were vacant for more than two years. More than 190 vacant single family properties exist in the city. Appro�titnately 84% of the vacant properties had one or more code violations. Significant city resources are already being expended to meet the minimum standards for vacant properties, shifting resources from other program areas• Early intervention with vacant properties helps to ensure minimum communitY standards, while increasing citizen satisfaction. Approximately 47 of the properties viewed from the exterior only were considered outdated, had little curb appeal or had significant code violations. Concentrated or cluster vacancies in a neighborhood have a significant impact to the neighborhood, from a visual and emotioual perspective of residents. Page 1 of 19 i The presence of vacant homes/foreclosures on a block is starting to impact the sale prices of open market transactions. Some properties are being listed below or near land value. Although the city faces challen.ges with foreclosures and vacant properties, opportunities for commuruty revitaliza.tion and renewal exist. Vacant properties, if not properly monitored and maintained, become nuisances and blight to neighborhoods. Foreclosed properties may be vacant for months or years, becomi.ng targets for vandalism, illegal dumping, health and safety hazards, and general nuisances. Staff is also observing a trend where properties in pre-foreclosure stages are also becoming nuisances due to lack of maintenance, and accumulation of junk and debris. These properties are often not maintain�l in compliance with minimum standards of city codes or fail to meet neighbor expecta�ions. In response to increasing concerns, the City has implemented actions to address and m;rrim;�.e the negative i.mpact to neighborhoods by responding promptly to unsecured structures in accordance with standards set by Minnesota. State Law and City Housing Code. However, general nuisances (refuse, junk, abandoned vehicles and properiy, and similaz) are often diffi.cult to brin.g into compliance with minimum codes, consume significant amou.nt of sta.ff time and the amount of time to achieve compliance is often not acceptable to residents. Because of the higher rate of foreclosures and vacant properties being experienced in Brooklyn Center, the potential impact to the neighborhoods and community is high, which ultimately creates a greater need for higher levels of management of these properties. Blighted properties reduce properiy values and set low expectations for community standards. Not only is this an important issue in r�taining residents who take care of their prnperiy, but it is important in setting community expectations and attracting responsible home buyers. The ordinance has been developed to address residential and commercial properties. Althuugh the foreclosure issue has been a driving force in developing this proposed ordinance, complaints and cflncerns about vacant properties have been reported to various degrees beyond the foreclosure issue. The following is an outline of the proposed ordinance requ.irements• 1. De�nitions. Vacant buildi.n re ns ible and other code items are defined. a. S, P�3' nt ro e tion of vaca 2. Registra p p rh'• a. This requires a mortgagee or responsible party to register and provide contact information to the city. b. Exemptions regisbratian such as fire damage repair, seasonal vacancies. Some exceptions are included, such as those parties who routinely travel to samewhere else during seasons. Page 2 of 19 I� c. Registration fees are incorporated in order to help recover some af the costs associated with monitoring and regulation of vacant buildings. d. Recover costs by special assessment if unpaid e. Posting of pernoit with contact information on door. 3. Prnperty Plan. a. A properry plan is required. The plan is intended to address issues of significant monetary value, comple�c correetions required, ar longevity of vacancy. b. Demolition of property may occur after 365 days if a plan is not approved. 4. Inspections. The propertymust be macle available for interior inspections upon request. 5. Posting notification for vacant properties about nnauthorized entry and illegal occnpancy. a Provides e�cplicit instructions regarding authorized personnel and consequences of violation. Will aid the Po}ice Depaztrnent and city staff in prosecuting vagrants and trespassers in efforts to reduce criminal activities occurring in vacant buildings. b. Aids property owners in establishing illegal occupants. 6. Loitering and criminal activities egpressly not allowed. 7. Maintenance Standards a. Standards and criteria for securing property Architect�.u'al, artistic, temporary securing b. Fire Safety c. Plumbing systems d. Electrical e. Lighting f. Hea.ting facilities g. Termination of utilities. Criteria established prescribing when utilities should be turned off, who is responsible, helps prevent signifiicant damage to property, and minimizac ]lealth and safety hazazds• Ex. Water leaks, gas leaks h. Signage. Esta.blishes standards to repair builcling when signs are ramoved. Primarily applies to commercial properties. i. Addresses police protection systems. j. E�cplicitly states Zoitering and criminal activities prohibited. Responsible party responsible for prohibiting and eliminating these activities. k. Establish specific standards and performance criteria for property maintenance for properiy owners. a. Reducing grass and weed height from 8 inches to 6 inches to allow earlier intervention for nuisances and promotes routine landscape maintenance versus nuisance ma.intenance. b. Address illegal dumping and other illegal activities occurring on ProPe�' a Address graffiti d. Address accumulation and removal of garbage, refuse and junk suck as refrigerators with doors, batteries, chemicals, electrical hazards, Page 3 of 19 i pools and water hazards (for vacant and occupied properties) e. Address hazardous structures 8. F�pressly stating violation to remove copper, bricks, appliances and similar thefts. a. Sets forth consequences of violations 9. Provide remediation process for vacant properties. a. This includes having a continuous noti.ce to reduce interventi.on and correction time. This would include situations where multiple violations occur regarding illegal activities, properly is not secured, itlegal dumpin.g and similar. 10. Provides standards and city-facilitated abatement �uthority so immediate health and Iife safety hazards and obvious eyesores can be corrected in a timely manner. a. Provides an alternative to criminal court proceedings and reduces time for compliance. 11. Cost recovery language a. Recover costs associated with identification and removal of nuisances. 12. Establishes �n appeal process BUDGET ISSUES I A significant amount of city resources is being expended to address vacant property issues, aften slufting resources from other program activities. Items to consider: Costs and allocation of resources- balancing resources devoted to criminal enforcement actions (punishment) versus correction. Ongoing mai.ntenance for properties vacant for extensive periods of time. owners a ents and the eneral public Establishin clear ex ectations for ro g g g P P PertY s related to foreclosure and vacant rop erties. re ardin issue P g Encouraging responsible and accountable property owners/agents, while having a i to conect detrimental situations. second lan to enable the c ty P 'es with lo -term im lications for trate Establishmg options for short term s gi nS P neighborhood stabilization and rei.nvestmen� ATTACHED Vacant Single Fa�tily Property Analysis Report Proposed Ordinance Amendment Page 4 of 19 Attachment- Analysis of Vacant Single Family Properties Analysis of Vacant Single Fa�nily Properties in Brooklyn Center Report Date: August 11, 2408 The City of Brooklyn Center is among other cities in the nation and state experiencing a lugh number of foreclosures. As a result of foreclosures and the downiurn in the housing market, the city is also experiencing a high number of vacant residential properties. An analysis was conducted of the single family residential properties in order to identify the extent of vacant properties, evaluate the conditions, remediate healtl�/life safety hazards, provide resource projections and provide housing infarmation to assist in developing housing strategi.es. Although mutti-family was not included in this report, foreclosures and vacancies are also occurring in these housing types. The issues associated with multi family vacancies are similaz ta those experienced in single family properties with ets are im acted effectin r exam. Ie homeowner association budg p g some unique issues. Fo p, their operations. The foreclosure ligt was verified and updated using information from the Hennepin County SherifP s Office and the Ciiy's Assessing Office. The next step was to visit properties listed on the vacancy list. The original vacant property list was compiled from city staff information (assessing, police, public works, community development, etc.) and resident reports. The site visits occurred betvveen June 25 and August 11, 2008, with a seasonat employee and a Code Enforcement Inspector. Information gathered included whether the property was vacant or had been re-occupied, security, immediate health or life safety hazards, public nuisances, condition of home and general curb appeal. The availability of contact infornaation and ownership status was also determined. anal sis include: Some ke findin s of fihe y Y g The vacant property situation is in flux and vacancies alone are expected to be high at least the next 3 years based on current foreclosure data. The status of the property, ownership, responsible parties, and numbers can change daily. Some of the properties were vacan.t for more than two years. More than 190 vacant single family properties exist in the city. Approximately 84% of the vacant properties had one or more code violations. Significant city resources are already being expended to meet the miniinuna standards for vacant properties, shifting resources from other program areas• Early interventi.on with vacant properties helps to ensure minimum community stanclards, while increasing citizen satisfaction. Approximately 47 of the properties viewed from the exterior only were considered outdated, had little curb ap�a1 or had significant code violations. Concentrated or cluster vacancies in a neighborhood ha.ve a significant impact to the neighborhood, from a visual and emotional perspective of residents. Page5ofl9 The presence of vacant homes/foreclosures on a block is starting to impact the arket transactions. Some ro erties are being listed below or es of o en m P P sale c I� P near land value. Although the city faces challenges with foreclosures and vacant properties, opportwiities for community revitalization and renewal exist. RTIES IDENTIFICATYON OF VACANT PROPE A total of 192 properties were determined to be vacan.t during this city-wide evaluation. aluation data is as follows: f the ev The overview o A total of 252 properties were evaluated throughout the crty. 226 properties were listed in the city's vacant properry database. 26 additional vacant properties were found that were not included. in the oriSinal vacant properry lis� (13.5% of the total vacant properties) 52 properties on the vacant property list had been re-occupied. (23% of the original list) d not reclosure redem tion eriod an Eight properties were still in the fo p P cansidered vacant. Occupancy was determined by several indicators. �4 property vtyas considered. reoccupie if there were cars in the driveway, people/fizrniture/animals inside, flowers/toys/tools/patio furniture outside, or other signs of legal occupancy. Properties not on the vacant list were detenmined vacant if they were visibly empty from the street, P osted (City postings, reattor signs, winterization signs, court files), had overflowing e tified ost vacant ro erties were easily id n severe ne lect. M p r la ed p boxes and/o mail Y from the street, even without postings. EVALUATION OF VACANT PROPERTIES Several items were reviewed as part of the evalua.tion of the properties. Immediate acti.ons were taken by city staff (Police Department and Community Development) where the praperry was not secur�l, indications of vandalism existed., or health and life safety hazards were found either by contacting realtors or mortgage companies where available ect the violations. or initiating city facilitated abatements to corr Securitv When a vacant property is unsecured, it is at lugher nsk for harboring illegal activi�ies, such as copper stripping, squa.tting, gang activity, or underage drinking. A property was considered unsecure if it had an open or unlocked door or window, or otherwise was open to trespass by people or pests. Immediate steps were taken to secure the properly. In some cases, praperly securing a property involved loc�ng a door. In other cases, proper securing included the police clearing the house for possible trespassers, and having the property boarded or locked by additional locking mechanism. Fifly of 192 properties (26%) were found unseoured. A breakdown of the security issues is provided below. Page 6 of 19 50 of 192 properties (26%) were found nnsecnred 0 10 (20%) had unsecured ma.in doors 0 7(14%) had unsecured windows 0 25 (50%} had unsecured accessory buildings 0 8(16%) were unsecure in multiple locations 0 6(12%) were secured by the inspectors locking an unsecured door. 0 23 (46%} verba� or written orders to secure were given to responsible parties. 0 2(4%) required clearing by the police department because they appeared to have been burglarized/vandalized. 0 19 (38%) were left as they were--often these were windows or gara.ges in backyards behind fences, which were fairly inaccessible and displayed no evidence of cri.minal activity. General Condition The property was evaluated as E- excellent, G- good, F- fair, or P- poor primarily based on the curb appeal and physical condition of the property. It is a generalized rating and does not take into account the different expecta.tions of various neighborhoods. The rating is based primarily on the evaluation of the exterior of the property, since city staff did not generally gain access to the interior of the structures as part of the evaluati.ons at this time9 An ea�cellent property did not have code violations, structural dama.ge, overgrown gardens, or long grass or weeds, an.d high curb appeal. A good property may have small, isolated code violations (a pile of brush, some yard waste or junk/appliarices/debris) or overgrown gardens/trees, only minor sfructural damage. It may have non-code issues that dettact from the property such as overgrown bushes/trees, but no major flaws. A fairproperty looks oka.y from the sireet, but often has more serious code violations (rotting gazbage, large amounts of junk/appliances/debris, yard waste, or brush), and upon inspection may have one or two areas of struchiral damage, such as broken fences, rotting accessory buildings, old rooflsoffitlfascia, cracked/decayi.ng siding or stucco, and/or decaying window casements. It may also have functional obsolescence such as outdated materiaLs or styles, and may have items with weaz and will require upgrades or replacement in the near future. A poor property has prohlems visible from the street they generally have both code violations and three or more azeas of significant structural damage {atthough code violations alone ma.y not resutt in a"poor" rating), are outdated and functionally obsolete, with little to no curb appeal. Vacant properties were rated as follows: 0 2(1 excellent condition (none of these were unsecure) 0 16 (83%- good condition (none of these were unsecure) 0 76 (39.6%}- fair condition 17 (22.4%) were unsecure 0 91(47.4%)- poor condition Page 7 of 19 33 (36.3%) were unsecure Nuisance Code Violations Qf the 192 vacantproperties, 32 properties did not have any code violations including securing issues. In order to bring the properry into compliance with minimum property mainfienance codes, city resources would be required to address 162 properties (84%). The types and number of violations are summarized below. Junk/Garbage. Junk, garbage and refuse left behind by previo�as owners/tenants is a major source of complai.nts regardi.ng vacant properties. 61 properties (31.7%) had junk/garbage an the property. This category was divided inta four areas as follows: 0 45 (73.7%) had junk/appliances/debris (fiuniture, applianees, construction debris, logs, clothing, auto/bike parts, etc.) 0 5(8.2%) had rotting garbage (food items, dead animals, etc.) 0 3(5%) had yard waste (bags of leaves or grass clippings) 0 9(14.8%) had a11 of the above 0 1(1.6°�0) had an abandoned vehicle Long Grass/Weeds. Long grass and weeds from lack of mowing provide the second major source of compla.ints regarding vacant properties. 33 properties (17.2%) had grass and weeds over 8 inches tall upon inspection. All cases were reported to the Crrass Inspector. Actions may have already been uutiated. Tree-Related Problems. Several properties contained bnish, fallen trees or stumps as follows. 40 properties (20.8%) contained brush 7 properties (3.6%) contained fallen trees 8 properties (4.2%) contained shzmps Health Hazards. Significant amounts of rottin.g gazbage, dead animals, and neglected or accessible pools were the main criteria for determining health hazazds and immediate steps were taken by city staff to eliminate hazards. 4 properties (2.1%) were considered potential health hazards. 0 2(50%) contained significant amounts of rotting garbage 0 1(25%) contained a pool full of water and algae with the ladder still in it and the fence around it open. Other pools were not noted but are potential breedi.ng grounds for mosquitoes. 0 1(25%) contained a significant amount of rotting garbage and a large dead. bard (chicken?} in a cage in the backyard Realtors were conta.cted for three of the four properties. No owner could be found for the fourth property—posted unfit, not listed as a foreclosure, no forwardi.ng contact information for the property owner. Page 8 of 19 Structaral Damage. A combination of factors including prolonged. neglect, aging of houses, and other factors such as weather related damage has resulted in a significant amount of physical damage to some vacant properties. 99 properties (51.6%) had noteworthy damage to the structure (i.e. siamage that, would have to be repaired if someane moved in). Structural damage was separated into four areas. The percentage does not equa1100°io since some properties had multiple issues: 0 61 (61.6%) had damage to accessory structures (fence/deck/shedJgara.ge) 0 26 (263%) ha.d roof damage(shingles/gutters/soffit/fascia) 0 42 (42.4%) had sidin.g damage(siding/stucco/brick/general wall) 0 31 (3 T.3%) had damage to entry azeas The quantity of areas of structural damage was then recorded for each property: 0 30 (30.3%) had one area. of structural damage 0 52 (52.5%) had 2 azeas of structural damage 0 1? (17.2%} had 3 or more areas of structural damage Gra�ti and Van�alism. Graffiti and other forms of vandalism were rare occurrences at the vacant properties inspected. City staff followed up regarding graffiti or vandalism violatians. The Police staff have been conducting some night time monitoring of vacant properties during park patrol. Some residents have been active in reporting suspicious activities or nuisance vialations at neighboring vacant properties. 4 properties (2.1%) were tagged with graffiti o Note: All four were corner properties Contact Information Concerns had been expressed about posting properties and the potential of drawi.ng attention to the vacancy. The following information was gathered regarding postings or other contaat information on the property. Overall, un-posted properties were no less visibly vacant than posted properties, and were likely to have more violations than posted properties. When contact information was not readily available, the amouut of time required to resolve violations and nuisances was greater. 70 properties (36.5%) did not have any contact information posted on the property. Of the un-posted properties: 0 21(30%) were unsecure (4% more than overall) 0 32 (45.7%) had junk on properry (14% more than overall) 0 14 (20%) had long grass (2.8% more than overall) Page 9 of 19 Ownershiu Status Not all vacant properties aze a result of foreclosure. A property could be in probate, owners may have moved to a senior facility or people just keep the property as a second house for various reasons. Based on available informa.tion, it was determined that: 149 (77.6%) of vacaut properties are going through or have g�ne throngh foreclosure. 0 31 (20.8%) were still witt�in the 6-month redemption period 0 118 (79.2%) were out of redemption and no longer in foreclosure. Proactive Reaairs and Imnrovements Some proactive work was being performed for some vacant properties. During inspections, contractors were encountered making repairs. 18 properties (9.4%) were being fiaed np npon inspection. RESOURCE PROJECTIONS In order to address 192 properties (160 properties with violations), approximately 500 hours of staff time would be required. This includes uutial inspections, follow-up inspections, abatements, ai�d criminal enforcement actions vyhere necessaay. An extreme case may skew the estimates. The actual costs for abatement could exceed $25,000. Please note that this is for the initial violations and does not include resources to follow up on repeat violations. Structural issues, such as painting or cosmetic issues, would not be addressed unless a health or life safety hazard existed. Administrative costs for special assessments, billing, etc. would vary. These are estimated values. Unanticipated items might be discovered during abatement processes or higher compliance rates could occur. HIGHLIGHTS OF SALES INFORMATION Based on sales data, approximately 26 properties are being listed below or near the assessed tand values. Fifteen of the 26 properties are single family houses. Sale price lis�ings ranged from $53,500 to $82,900. They ranged from $9,OOQ below land value to $23,000 above lan.d value. Land value is generally in the $60,000 range. The presence of vacant homes/foreclosures on a block is starting to im.pact the sale prices of open market transactions. Comparing the 2007 and 2008 sales data, sale prices have decreased approxima#ely 23% for single family homes. The total number of sales of single family residenhal homes in 2008 from January 1 to Juty 31 was 154. Of these, 37 sales are considered open market transa.ctions. The remaining 117 are foreclosed, auction, related, bank, etc• and are considered rejected for assessmenfi purposes. The percentage of non-market sales is currently 75% of the total sales. This is an area of concern for the Assessor's office for the 2009 assessment. Page 10 of 19 'L----_ City Council Agenda Item No. 9c COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant to the City Manager DATE: November 10, 2008 SUBJECT: An Ordinance Amending Chapter 12 of the City Code of Ordinances Relating to Inspections and Notification Recommendation: Staff recomxnends that the Brooklyn Center City Council consider approving second reading of an ordinance amending Chapter 12 of the City Code of Ordinances relating to inspections and notification. Background: The City Council passed, without changes, the first reading of the ordinance on October 13, 2�08, setting the public hearing and second reading for November 10, 2008 of an ordinance amending certain codes related to inspections and notifications. The Notice of Public Hearing was published in the Brooklyn Center Sun Post on October 23, 2008. Please refer to the attached Council Item Memorandum dated October 13, 2008 for more information. If ado ted the ordinance would o into effect on December 20, 2008. P g Budget Issues: These changes will help reduce potential processing errors and provide better legal position. Attachment: October 13, 2008 Council Item Memorandum Proposed Ordinance Amendment i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant to the City Manager DATE: October 13, 2008 SUBJECT: An Ordinance Amending Chapter 12 of the City Code of Ordinances Relating to Inspections and Notification Recommendation: Staff recommends that the Brooklyn Center City Council consider approving first reading of an ordinance amending certain sections of Chapter 12, and scheduling second reading and Public Hearing for November 10, 2008. Background: The amendments are proposed to clarify requirements, provide consistency in language within the ordinance, and facilitate compatibility of other sections within the ordinance. These code changes have been recommended by the city attorney and prosecuting attorney. The proposed amendments: Clarify how the definitions apply to sections within the code, where definitions exist for specific sections. Provide a definition of reinspection to provide uniform interpretation in order to uniformly apply reinspection fees as applicable. Clarify payment of reinspection fees, either prior to license issue if part of the licensing process or within 60 days outside the licensing process. Establish a special assessment process for collecting unpaid reinspection fees as an alternative to criminal prosecution. Provide consistency in the notification process within Chapter 12, specifically 12-911 and 12-1201. Legal notification will be satisfied by personal service to licensee, first class mail to last known address, or posting on the licensed premise. BUDGET ISSUES These changes will help reduce potential processing errors and provide better legal position. ATTACHED Proposed Ordinance Amendment i 2 I CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the l Oth day of November, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 12 of the City Code of Ordinances relating to inspections and notification. A�iliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 612-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12 RELATED TO INSPECTIONS AND NOTIFICATION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12 is amended as follows: Section 12-201. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this Chanter where not otherwise defined within a, section. 1. Approved acceptable to the jurisdiction having authority and meeting all applicable codes. 2. Accessory structure a structure subordinate to the main or principal building which is not used nor authorized to be used for living or sleeping by human occupants and which is located on or partially on the premises. cture used or intended for su ortin or sheltering any use or 3. Building any stru pP S occupancy. 4. Compliance Official the City Manager and his designated agents authorized to I administer and enforce this Ordinance. I 5. Dwelling a building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including one-family dwellings, two- family dwellings, and multiple family dwellings; but not including hotels and I motels. 6. Dwelling unit a single residential accommodation which is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one family. I 3 ORDINANCE NO. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located. 7. Family any of the following definitions sha11 apply: —A person or persons related by blood, marriage, or adoption, together with his ar their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit; —Group or foster care of not more than six (6) waxds or clients by an authorized person or persons, related by blood, marriage, or adoption, together with his or their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency; -A group of not more than five (5) persons not related by blood, marriage or adoption maintaining a common household in a dwelling unit. 8. Flush water closet an approved toilet, with a bowl and trap made in one piece, which is connected to the City water and sewer system or other approved water supply and sewer system. 9. Garbage putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. 10. Habitable building any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. 11. Habitable room a room or enclosed floor space used or intended to be used for living, sleeping, cooking, ar eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements, (those without required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces; and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. 12. Heated water water heated to a temperature of not less than 120 degrees Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet. 13. Kitchen a space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment, a.nd adequate space for the storage of cooking utensils. 14. Multiple family dwelling a dwelling or portion thereof containing three or more dwelling units. 4 ORDINANCE NO. 15. Nonresidential building all other buildings or structures other than dwellings or i dwellin units. g 16. Occupant any person (including owner ar operator) occupying any structure, building or part thereof, dwelling, dwelling unit, rooming unit or premise. 17. Operator the owner or agent who has chaxge, care, control, or management of a building, or part thereo£ 18. Owner a person, agent, firm, or corporation having a legal or equitable interest i the term owner includes m the property. In any corporation or partnersh p, general partners and corporate officers. 19. Permissible occupant load the m�imum number of persons permitted to occupy a building or space within a building. 20. Person an individual, firm, partnership, association, corporation or joint venture or organization of any kind. 21. Plumbing all of the following supplied facilities and equipment in a building: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. I 22. Premises a platted lot or part thereof or unplatted parcel of land, either unoccupied or occupied by any structure thereon. 23. Public Corridor a hall, corridor or passageway far providing egress from an occupied area to a public way and not within the exclusive control of one occupant. 24. Refuse all putrescible and nonputrescible waste solids including garbage and rubbish. 25. Reinsnection- a follow-uv insnection conducted to determine if a code violation has been corrected; a scheduled insnection that a licensee, owner or other resnonsible nartv fails to attend: or a scheduled insnection that does not occur or is nrevented due to anv act of a licensee, owner or resnonsible nartv. �26. Rental dwelling or dwelling unit a dwelling or dwelling unit let for rent or lease. �27. Repair to restore to a sound and accepta.ble state of operation, serviceability or appearance. 5 ORDINANCE NO. �28. Rodent harborage any place where rodents can live, nest, or seek shelter. �29. Rooming unit any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. �330. Rubbish nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar materials. I �31. Safety the condition of being reasonably free from danger and hazards which may cause accidents or disease. �32. Structure that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. �333. Substandard dwelling any dwelling which does not conform to the minimum standaxds established by City Ordinances. �-334. Supplied paid for, furnished by, provided by or under the control of the owner, operator, or agent of a building. I �35. Meaning of certain words whenever the words "dwelling", "dwelling unit", "premises", "building", or "structure" are used in this Ordinance, they shall be construed as though they were followed by the words "or any part thereof'. Section 12-902, LICENSE FEES. License fees, as set forth by City Council resolution, shall be due 90 days prior to the license expiration date; in the cases of new unlicensed dwellings, license fees shall be due upon issuance of the certificate of occupancy. A delinquency penalty of 5% of the license fee for each day of operation without a valid license shall be charged operators of xental dwellings. Once issued, a license is nontransferable and the licensee shall not be entitled to a refund of any license fee upon revocation or suspension; however, the licensee shall be entitled to a license fee refund, prorated monthly, upon proof of transfer of legal control or ownership. If an applicant withdraws an application prior to issuance of a license, the fee shall be refunded after deducting the costs of inspection and any other costs and expenses incurred by the City in connection with receiving and processing the application All reinsnection fees are �s set by City Council resolution� �'.:�b�'' r ��ar �r�* If �the -reinspection is bein� nerformed as ivu .aYvv�av«. part of the licensin� nrocess, fee(s) must be naid ~°•�°'�'°-'f t�rior to the time of license issuance or renewal for the property in the case of rental housing and at the. time of recertification of occupancy for nonresidential properties. If a reinspection fee or anv portion is not t�aid within 60 davs after billin�. or within 60 davs after anv anbeal becomes final. the Citv 6 ORDINANCE NO. Council mavi certifv the unnaid cost a�ainst the nroneriv in accordance with the orocess set forth in Section 19-105 of this code. Section 12-91 l. CONDUCT ON LICENSED PREMISES. 8. All notices given by the City under this section shall be personally served on the licensee, sent by �eg��e�e� First Class mail to the licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed premises. Section 2. This ordinance shall become effective after adoption and upon thirtv (301 davs followin� its lesal nublication. Adopted this day of 2008. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Underline indicates new matter; strikeout indicates matter to be deleted; double underline and double strikeout indicates new matter and deletions since first reading.) City Council Agenda Item No. lla COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ��2�� DATE: November 6, 2008 SUBJECT: Amend 2008 City Council Meeting Schedule Recommendation: It is recommended that the City Council consider amending the 2008 City Council Meeting Schedule to add a Special Session for Friday, November 14, 2008, at 6:00 p.m. to meet in the All America Conference Room, City Hall, with the City Attorney to conduct the City Manager's Performance Review. Background: At its October 27, 2008, Work Session, the City Council discussed setting a date and time for the City Manager Performance Review. The direction of the Council was to schedule a special meeting with the City Attorney to conduct the review. Budget Issues: There are no budget issues to consider. City Council Agenda Item No. llb i 1 Recommendations For City of Brooklyn Center, Minnesota $2,390,000* General Obligation Improvement Bands, Series 2008B Prelimrnary,� subject to change Presentedta Mayor Tim Wilson Members, City Council Mr. Curt Boganey, City Manager Mr. ban Jordet, Finance Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Study No.: 000201103 SPRINGSTED Incorporated November 3, 2008 S p f i 11 g S t£' d RECOMMENDATIONS Re: Recommendations for the Issuance of $2,390,000* General Obligation Improvement Bonds, Series 2008B the "Bonds" or the "Issue" We respectfully request your consideration of our recommendations for the above-named Issue. Proceeds of the Bonds will be used to finance various improvement projects within the City, I We recommend the following for the Bonds: 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the offering. 2 Sale Date and Trme Montlay, December 8, 2008, at 71:30 A.M., with award by the City Council at 7:00 P.M. that same evening. 3. Method ofSale The Bonds will be sold through a competitive bidtling process. In the interest of obtaining as many bids as possible, we have included a provision in the attached Terms of Proposals for underwriters to submit fheir bid electronically through the electronic bidding platform of PARITYO. In addition, physical bids (by phone or fax) will be accepted at the offices of Springsted. In the past we have permitted two means of providing the ood faith de osits; either by c ertified/cashier's 9 P check or a financial surety bond, Recently the sole provitler of the financial surety bond for this purpose has imposed additionai restrictions on its participants. In response, we are allowing an adtlitional means of providing the good faith deposits, whereby Springsted would serve as your agent for the purpose of receiving good faith deposits submitted by wire transfer. i 4, Autho�ityforthe Bonds The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. 5. P�incipalAmount ofthe Bonds' $2,390,000* `Included in the Terms of Proposa� for the Bonds is a provision that permits the City to increase or reduce the principal amount of the Issue in any of the maturities. This ailows for any necessary adjustments required based on final interest rates and issuance costs. a City of Brooklyn CeMer, Minnesota November 3, 2008 6. Repayment Term The Bonds will mature annually February 1, 2010 through 2019. Interest will be payable semi-annually each February 1 and August 1, commencing August 1, 2009. 7. Security and Source of Payment (a) Secu�ity The Bonds will be general obligations of the City, secured by its full faith and credit and taxing power. (b} Source of Payment The Bonds wiil be repaid with a special assessments filed against benefited properties. If assessments are collected in full as projected, the City does not expect to levy taxes for repayment of the Bonds. Each year's first-half collection of assessment income will be used to make the August 1 interest payment. Second-half collections plus surplus first-half collections will be used to make the subsequent February 1 principal and interest payment. 8, PrepaymentProvisions The City may elect on February 1, 2017, and on any date thereafter, to prepay the Bonds due on or after February 1, 2�18, at a price of par plus accrued interest. 9. Credit Rating Comments An application will be made to Moody's Investors Service for a rating on the Bonds. The City's generat obligation debt is currentiy rated "A1" by Moody's. 10. Term Bonds We have included a provision that permits the underwriters to combine multiple maturity years into a term bond, subject to mandatory redemption on the same maturity schedule provided in the Terms of Proposal. The advantage to the underwriter is that it provides large blocks of bonds, whieh are more attractive to bond funds, and certain pension funds. This in turn is a benefit to the City since selling larger blocks of bonds reduces the risk to the underwriter, allowing them to lower their costs and the interest coupons. Since the Bonds are being offered on a competitive bid basis and awarded on the lowest true interest cost, the City will award the Bonds to the best bid regardless of whether term bonds are chosen or not. I Page 2 City of Brooklyn Center, Minnesota November 3, 2008 11. Federal Treasury Regu/ations Concerning Tax- Exempt Obligations (a) Bank Qualification Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, expense that is ailocable to carrying and acquiring tax- exempt bonds. There is an exemption to this for "bank qualified" bonds, which can be so designated if the issuer does not issue more than $10 million of tax exempt bonds in a calendar year. Issues that are bank qualified receive slightly lower interest rates than issues that are not bank qualified. Since the City does not expect to issue more than $10 mi!lion in 2008, the Bonds are designated as bank qualifietl. (b) A�bitrage Compliance All tax-exempt issues are subject to the federal arbitrage and rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Treasury. The requirements generalfy cover two categories: bond proceeds and debt service funds. There are exemptions from rebate in both of these categories. (i) Rebate The proceeds of the Bonds are being used to finance primarily capifal improvement projects, which cauld qualify for the six-month, eighteen-month or two-year spentling exception to rebate. Both the eighteen- month and two-year exception require a certain percentage of the Bond proceeds be spent within six- month intervals. If the City meets one of the spending exemptions the projecf fund will be exempt from rebate. It is our understanding that the City expects to meet the 24-month spending exemption for the Bonds, in which case, rebate of construction fund interest eamings will not be required. The spending exemptions ultimately rely on actual expenditures; therefore, if proceeds are spent s4ower than anticipated, the City may not be eligible for the construction fund rebate exemption. Page 3 J City of Brooklyn Center, Nlinnesota November 3, 2008 (iiJ Yield Restrictron The City must maintain a bona fide debt service fund for the Bonds, ar be sub}ect to yieid restriction. Yield restriction requires restricting the investment retum in the debt service fund to the yield on the Bonds. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt seroice expense, with the fund spent down each year to a carry over permitted equal to the greater of the investment eamings in the fund during the prior year or 1112 the debt service of the prior year. Prepayment of assessments collected on the Bonds may cause the debt serviee fund to be non bona fide. Therefore the City should be particulariy careful in monitoring the debt service fund for the Bonds. Springsted currently provides arbitrage compliance for the City under a separate contract. An amendment to that contract atlding this lssue has been provided to City staff. (e) Economic Life The average life of the Bonds cannot exceed 120% of the economic Iffe of the projects to be fi�anced, The economic life of the projects being financed by the Bonds is at least 20 years. The average tife of the Bonds is 5.339 years; therefore the Bonds are within the economic life requirements. (dJ Federal Reimbursement Regulations Federal reimbursement regulations require the City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of bond proceeds. �t is our understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations in regards to the Bonds. 12. Continuing Discfosu�e The Bonds are subject to continuing disclosure requirements set forth by the Securities and Exchange Commission, The SEC rules require the underwriter of the Bonds to provide an annual update of certain Official Statement information and report any material events to bond holders, The purchaser therefore requires the City to commit to providing such information under a continuing disclosure agreement or "undertaking". tf the City does not enter into such Page 4 City of Brook(yn Center, Minnesota November 3, 2008 an agreement prior to the offering of the debt, underwriters will not offer a bid to purchase the Bonds. Springsted currentiy provides continuing disclosure services to the City. We have provided City staff with a contract amendment to include this Issue. 13. Attachments Sources and Uses of Funds Assessment Income Schedules Debt Seroice Schedule Terms of Proposal DISCUSSION Proceeds of the Bonds wiil be used to finance various improvement projects within the City. The City has received $224,302 of prepaid special assessments that will be used to reduce the borrowing amount. A detailed sources and uses of funds are shown on page 7. The Bonds will be general obiigations of the City secured by its full faith and credit and taxing power. The Bonds will be repaid with special assessments flied against benefited properties. Special assessments totaling $818,116.14 of principal were filed with the County in November 2007 for coltection 2008 (the "2007 Assessments"), of that amount, $224,302 has been credited for prepayments. The net amount of 2007 Assessments available to pay debt service on the Bonds will therefore be approximately $593,814.14. Special assessments totaling $1,746,118.22 of principal wili be filed with the County in November 2008 (the "2008 Assessments"). Both 2007 a�d 2008 Assessments will be spread over a term of 10 years from the date they were filed, and will be repaid on the basis of equal principal payments. Interest on the unpaid principal balance will be charged at a rate of 6.0%, the rate that has been established by the City. Pages 8 through 10 show the projection of assessment income pledged to the Bonds. The Bonds have been structured around the projected assessment income to resuft in an even annual surplus of projected assessment income over the debt service requirements. The debt service schedule for the Bonds is shown on page 11 with the following information; Columns 1 through 4 show the annual principal payment dates, annual principal, estimated interest rates, and the projected total principai and interest payments given the current market environrnent. Column 5 shows the 105% overlevy which is required by State statutes and serves as a protection to bondholders and the City in the event of delinquencies in the collection of assessments. Column 6 shows the tota! protected assessment income developed on pages 8 through 10. Column 7 shows the difference between columns 6 and 7, and represents the City's anticipa�ed surplus of assessment income. Page 5 City of Brooklyrn Center, Minnesota November 3, 2008 Based on the projected assessment income, collections from assessments are expected to be sufficient to cover 100% of the debt service on the Bonds and the City does not expect to levy taxes. Gity staff is aware of the possibility of higher than normal delinquencies of special assessment collections in the near term. The City will have adequate financial resources from its Capital Improvement Fund to cover any shortfafls in speciai assessment collections. Market Conditions The disruptions being experienced by the market are well documented. At the same time, the market is also showing that it is receptive to sales sueh as you propose. Good municipal credits in reasonably sized transactions are receiving bidtling interest from multiple bidders. Interest rates have increased since mid-August, and are out of balance with taxabie rates but never-the-less, not unreasonable on their face. Springsted will continue to monitor market conditions and advise staff prior to your sale if those conditions warrant action on your part or suggest an alternate course. We appreciate the opportunity to again be of service to the City of Brookiyn Center. Respectfully submitted, a ;1 1 ��,t .i^vt:..�tl-�c.,�..�` tr J SPRINGSTED Incorporated ABG smc Provided to Staff: Continuing Disclosure Contract Amendments Page 6 $2,390,000 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds, Series 2008B Sources 8� Uses Dated 12t15/2008 Delivered 12/15/2008 Sources Of Funds ParAmount of Bonds $2�390,000.00 2008 Assessment Collections 224,302.00 TotalSources 52,614,302.00 Uses Of Funds XerxestNorthwayStreet 2008 774,622.22 MaranathaStreet 2008 747,306.00 RiverwoodStreet 2007 358,124.15 FreewayBlvd Street 2007 358,084.31 MaranathaStorm 2�08 224,190.00 RiverwoodStorm 2007 101,907.68 Costsof Issuance 29,000.00 Total Underwriter's Discount (0.800°�) 19,120.00 Rounding Amount 1,947.64 TotalUses 52,614,302.00 2008R d0 /mp Roud� J'/NGLCP(/RlY7.YL I D/23/2008 P:00 PM �7 t" t t'l C� C� Page 7 $2,339,932 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds, Series 20086 Assessment Income DATE 2007 2008 TOTAL Assessments Assessments 12/31/2009 107,546.34 296,840.11 404,386A5 12l31/2010 97,649.43 268,902.21 366,551.64 12/31 /2011 93,690.67 258,425.50 352,116. 17 12/31 /2012 89,731.91 247,948 78 337,680.69 12/31/2013 85,773.15 237,472.08 323,245.23 12/31 /2014 81,814.39 226, 995.36 308, 809.75 12/31/2015 77,855.63 216,518.66 294,374.29 12/31/2016 73,896.87 206,041.94 279,938.81 12/31 /2017 69,938. i 0 195,565.24 265,503.34 12/31/2018 185,088.52 185,088.52 Total $777,896.49 $2,339,798.40 $3,117,694.89 Par Amounts Of Selected Issues I 2007 Assessments 593�814.14 2008 Assessments 1,746,118.22 TOTAL 2, 339, 932.36 Agyirgu�r !O/.YO/L'OON /Z'24PM �J�3t'IT1C�S'�£'{� Page 8 $593,814 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds, Series 2008B 2007 Assessments ASSESSMENTINCOME Date Principal Coupon Interest Total P+I 12/31 /2008 12/31 /2009 65,979.35 6.000% 41,566.99 107,546.34 12/31 /2010 65,979.35 6.000% 31,670.08 97,649.43 12/31/2011 65,979.35 6.000% 27,711.32 93,690.67 12/31 /2012 65,979.35 6.000% 23,752.56 89,731.91 12/31/2013 65,979.35 6.000% 19,793.80 85,773.15 12/31 /2014 65,979.35 6.000% 15,835.04 81,814.39 12/31(2015 65,979.35 6.000°h 11,876.28 77,855.63 12/31/2016 65,979.35 6.000% 7,917.52 73,896.87 12/31 /2017 65,979.34 6.000% 3,958 J6 69,938.10 7otal $593,814.14 $184,082.35 $777,896.49 SIGNIFICANT DATES FilingDate 11/01/2008 FirstPayment Date 92/3'!/2009 Serie.r 2008R Asree, mntt 2�9Arse. smcnls /O/2.4/ZOOX 2:00 PM �3 1#"t t� S'� G' t� r.., Page 9 $1,746,118 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds, Series 2008B 2008 Assessments ASSESSMENTINCOME Date Prineipat Coupon Interest Total P+1 12/31 /2008 12/31/2009 174,611.83 6.000% 122,228.28 296,840.11 12/31 /2010 174,611.83 6.000% 94,290.38 268,902.21 12/31 /2011 174,611.82 6.000°k 83,813.68 258,425.50 12/31 /2012 174,611.82 6.000% 73, 336.96 24�,948.�8 12/31l2013 174,611.$2 6.000% 62,860.26 237,472.08 12/31 /2014 174,611.82 6.000°h 52,383.54 226,995.36 12/31 /2015 174,611.82 6.000°k 41, 906.84 216,518.66 12l31 /2016 174,611.82 6.000% 31,430.12 206,041.94 12/31 /2017 174,611.82 6.000°k 20,953.42 195,565.24 12/31/2Q18 174,611.82 6.000°k 10,476.70 185,088.52 Total $1,746,118.22 $593,680.18 $2, 339,798.40 SIGNIFICANT DATES Filing Date 11/01/2008 First Payment Date 12l31f2Q09 i i .fenar 20088 Axrrsemen/ POOB Ane.vmenb� 70/2.4/200X 2:00 PM Spritlg�t�d Page 10 I $2,390,000 City of Brooklyn Center, Minnesota Genera( Obligation Improvement Bonds, Series 2008B NET DEBT SERVICE SCHEDULE Date Principal Coupon tnterest Total P+I 105°/a of Total Assessment 3urplus 02/01/2009 02/01/2010 275,000.00 3.450°k 113,257.08 388,257:08 407,669.93 404,386.45 (3,283.48) 02/01/2011 260,000.00 3.750% 90,937.50 350,937.50 368,4&4.38 366,551.64 (1,932.73) 02l01/2Q12 255,000.00 3.900°h 81,187.50 336,187.50 352,996.88 352,116.17 (880.71) 02/01/2013 250,000.00 4.1D0% 71,242.50 321,242.50 337,304.63 337,680.69 376.06 02/01/2014 245,�00.00 4.250°k 60,992.50 305,992.50 321,292.13 323,245.23 1,953.11 02/�1/2015 240,000.00 4.400% 50,580.00 290,580.00 305,109.00 308,809:75 3,700.75 02/01l2016 240,000.00 4.500% 40,020.00 280,020.00 294,021.00 294,374.29 353.29 02/01/2017 235,000.00 4.600°k 29,220.00 264,220.00 277,431.00 279,938.81 2,507.81 02/01/2018 230,000.00 4.700% 18,410.00 248,410.00 260,830.50 265,503.34 4,672.84 02/01/2019 160,000.00 4.750°k 7,600.00 167,600.00 175,980.00 185,088.52 9,108.52 Total $2,390,000.00 $563,447.08 $2,953,447.08 $3,101,119.43 $3,117,694.89 $16,575.46 Dated 12l15/2008 Delivery 12/15/2008 First Coupon Date 8/01/2009 Yield Statistics 6or�d Year po!lars $12.760.39 AverageLife 5.339 Years AverageCoupon 4.4155949°k Net Interest Cost (NiC) 4.5654336°� TrueInterest Cost (TIC) 4.5727171 °k Bond Yield for Arbitrage Purposes 4.3976441 °k AllInclusive Cost (AIC) 4.8422173°� IRS Form 8038 Net Interest Cost 4.4155949% Weighted Average Maturity 5.339 Years 100JtFG0lmpRmxLr S%NCLElT,�.tZ' 10/':4f2008 1:OOPM `.ze .,z. .3 �i Page 11 THE CTTY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS tSSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLL�WtNG BASIS: TERMS OF PROPOSAL $2,390,000� CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008B (BOOK ENTRY ONLY) Proposais for the Bonds and the Good Faith Deposit ("Deposit") will be received on Monday, December 8, 2008, untif 11c30 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Biddina. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted ProposaL OR (b) Electronic Biddinp. Notice is hereby given that electronic proposais wiii be received via PARITY`�. For purposes of the electronic bidding process, the time as maintained by PARITY� shall constitute the official time with respect to all Bids submitted to PARITY�. Each bidder shall be solely responsible for making necessary arrangements to access PARIT?"�" for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY� shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY� shall be responsible for a bidder's faifure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY`B'. The City is using the services of PARITY� solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY� is not an agent of the City. If any provisions of this Terms of Proposal conflict with informafion provided by PARITY�', this Terms of Proposal shall control. Further information about PARITY�, including any fee charged, may be obtained from: PARITY�, 1359 Broadway, 2" Floor, New York, New York 10018 Customer Support: (212) 849-5000 Preliminary,� subject to change. Page 12 DETAILS OF THE BONDS The Bonds will be dated December 15, 2008, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2009. Interest will be computed on the basis of a 360-day year of finrelve 30-day months. The Bonds will mature February 1 in the years and amounts* as follows: 2010 $275,000 2013 $250,000 2016 $240,000 2018 $230,000 2011 $260,000 2014 $245,000 2017 $235,000 2019 $160,000 2012 $255,000 2015 $240,000 The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be made in multiples of $5, 000 in any of the maturities. In the event the principa! amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder wi!! be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination af serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption and must conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which witl act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficia( owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will a for the services of the re istrar. pY 9 OPTIONAL REDEMPTlON The City may elect on February 1, 2017, and on any day thereafter, to prepay Bonds due on or after February 1, 2018. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. ff less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus aecrued interest. Page 13 SECURITY AND PURPOSE The Bonds will be generai obligations of the City for which the City will pledge its full faith and credit and power to Ievy direct general ad valorem taxes. In addition, the City will pledge special assessments against benefited properties. The proceeds will be used to finance various improvement projects within the City. BIDDING PARAMETERS Proposals shall be for not less than $2,370,000 and accrued interest on the total principal amount of the Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, ar continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates are not required to be in level or ascending order; however, the rate for any maturity cannot be more than 1% lower than the highest rate of any of the preceding maturities. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT Proposals, regardless of inethod of submission, shall be accompanied by a Deposit in the amount of $23,900, in the form of a certified or cashier's check, a wire transfer, or Financial Surety Bond and delivered to Springsted Incorporated prior to the time proposals will be opened. Each bidder shall be solely responsible for the timely delivery of their Deposit whether by check, wire transfer or Financial Surety Bond. Neither the City nor Springsted Incorporated have any liability for delays in the transmission of the Deposit Any Deposit made by certified or cashier's check should be made payable to the City and de4ivered to Springsted fncorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101. Any Deposit sent via wire transfer should be sent to Springs#ed Incorporated as the City's agent according to the following instructions: Wells Fargo Bank, N.A., San Franciseo, CA 94104 ABA #121000248 For credit to Springsted Incorporated, Account #635-5007954 Contemporaneously with such wire transfer, the bidder shall send an e-mail to bond services@springsted.com, inctuding the following information; (i) indication that a wire transfer has been made, (ii) the amount of the wire transfer, (iii) the issue to which it applies, and (iv) the return wire instructions if such bidder is not awarded the Bonds. Any Deposit made by the successful bidder by check or wire transfer will be delivered to the City following the award of the Bonds. Any Deposit made by check or wire transfer by an unsuccessful bidder wifl be retumed to such bidder foltowing City action relative to an award of the Bonds. If a� FinanciaF Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota and pre-approved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financia! Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that underwriter is required to submit its Deposit to the City in the form of a certified or cashier's Page 14 check or wire.transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount af which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHAS�R'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shafl be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be deGvered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by actio� of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. Page 15 CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Officiaf Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a"Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 95 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby th�t if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated November 10, 2008 BY ORDER OF THE CITY COUNCiL /s/ Sharon Knutson Clerk Page 16 City of B�ooklyn CenteY City Council Agenda Item Memorandum TO: Curt Boganey, City Manager FROM: Daniei Jordet, �Director of Fiscal Support Servic�s DATE: 4 November 2008 SUB]ECT: Sale of 2,390,000 G.O. Improvement Bonds, Series 2008B Recommendation: It is recommended that the City Council adopt the attached resolution authorizing the competitive negotiated sale of 2,390,000 in general obligation improvement bonds to complete the funding of the street reconstruction projects constructed in 2007 and 2008. Background: During the 2007 and 2008 construction seasons the following neighborhood street and utility construction projects were done. The list includes the information on the amount assessed to adjacent property owners, the amounts prepaid in full as of 31 August 2008, and the amounts still owing on the assessments: Actual Amount Amount Assessment Prepaid Outstanding Freeway Boulevard 529,131.00 171,046.69 358,084.31 Riverwood Street 597,176.00 239,051.25 358,124.15 Riverwood Storm Water 177,407.00 75,499.32 101,907.68 Maranatha Street 777,006.00 29,700.00 747.306.00 Maranatha Storm Water 233,100.00 8,910.00 224,190.00 Xerxes Avenue/Northway 797,723.99 23,101.77 774,622.22 TOTALS 3,111,543.99 547,309.03 2,564,236.36 Additional payments were received in September: 224.302.00 Allowing reduction of the Amount Outstanding to: 2,339,932.36 The City has paid out 2,339,932.36 more in construction costs than it has taken in with prepaid assessments. Use of fund balance and interfund borrowing has a(lowed the Infrastructure Construction Fund to continue to function throughout the construction period. Now, however, it is time to replenish the Infrastructure Construction Fund for the 2009 and 2010 projects. Therefore staff 1 bli ation Im rovement Bonds, is proposing sale of 2,390.000.00 in General O g p Series 2008B to achieve this purpose. The proceeds of the bond will be used as follows Replenish Construction Fund 2,339,932.36 Cost of Issuance 29,000.00 (these inelude Springsted services, Mood�'s Investor's Service rating and Briggs and Morgan legal services) Underwriter's Discount (up to 0.8000% of bonds) 19,120.00 Rounding Amount 1,947.64 TOTAL ISSUE 2,390,000.00 This is a regular occurrence in the City's management of reconstruction project funds. Bonds are currently issued on a bi-annual basis to save costs of issuance and to collect additional assessment dollars in order to lower the amount of the issue. The proposed bonds will be repaid over a ten year amortization with the first principal payment coming in 2010. The expected net interest cost for this issue is 4.57%. Also included in this packet are five sheets of projects of bond costs and sources of repayments prepared by the City's Financial Advisor, Springsted, Incorporated. The attached resolution directs the City staff to solicit bids for such bonds and to return to the City Council with a resolution approving sale of said bonds on Monday, 8 December 2008. Financial Impact: Principal repayment will be 2,390,000.00 with first payment in 2010 and final payment in 2019. Interest to be paid on the bonds over that time period is estimated at 563,447.08. Please review the attached sheets from Springsted for details of the financial implications. 2 $2,390,000 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds, Series 2008B Sources Uses Dated 12/15/2008 Delivered 12/15/2008 Sources Of Funds ParAmount of Bonds $2,390,000.00 2008 Assessment Colleetion� 224,302.00 Total Sources 52,614,302.00 Uses Of Funds Xerxes/Northway Street 2008 774,622.22 MaranathaStreet 2008 747,306.00 RiverwoodStreet 2007 358,124.15 FreewayBtvd Street 2007 358,084.31 MaranathaStorm 2008 224,190.00 RivervuoodStorm 2007 101,907.68 Costsof issuance 29,000.00 Total Underwriter's Discount (0.800%) 19,120.00 RoundingAmount 1,947.64 TotaiUses $2,614,302.00 20088 GO /rnp Bonds S/NGLE PURPOSE 10/23/2008 2:00 PM ��1Y"i�'lt��'��.'C� 3 $2,390,000 City of Brooklyn Center, Minnesota I General Obligation Improvement Bonds, Series 2008B NET DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I Net New D/S 105% of Total Assessment R qu ed 02/01/2009 a 02/01/2010 275,000.00 3.450% 113,257.08 388,257.08 388,257.08 407,669.93 404,386.45 3,283.48 02/01/2011 260,000.00 3.750% 90,937.50 350,937.50 350,937.50 368,484.38 366,551.64 1,932.73 02/01/2012 255,000.00 3.900% 81,187.50 336,187.50 336,187.50 352,996.88 352,116.17 880.71 02/01t2013 250,000,00 4.100% 71,242.50 321,242.50 321,242.50 337,304.63 337,680.69 (376.06) 02/01/2014 245,000.00 4.250% 60,992.50 305,992.50 305,992.50 321,292.13 323,245.23 (1,953.11) 02/01/2015 240,000.00 4.400% 50,580.00 290,580.00 290,580.00 305,109.00 308,809.75 (3,700.75) 02/01l2016 240,000.00 4.500% 40,020.00 280,020.00 280,020.00 294,021.00 294,374.29 (353.29) 02/01/2017 235,000.00 4.600% 29,220.00 264,220.00 264,220.00 277,431.00 279,938.81 (2,507.81) 02/01/2018 230,000.00 4.700% 18,410.00 248,410.00 248,410.00 260,830.50 265,503.34 (4,672.84) 02/01/2019 160,000.00 4.750% 7,600.00 167,600.00 167,600.00 175,980.00 185,088.52 (9,108.52) Total $2,390,000.00 $563,447.08 $2,953,447.08 $2,953,447.08 $3,101,119.43 $3,117,694.89 (16,575.46} Dated 12/15/2008 DeliveryDate 12/15/2008 First Coupon Date 8l01/2009 Yield Statistics BondYear poliars $12,760.39 Average Life 5.339 Years Average Coupon 4.4155949% Net Interest Cost (NICj 4.5654336°/a True Interest Cost (TIC) 4.5727171 Bond Yield for Arbitrage Purposes 4.3976441% AllInclusive Cost (AIC) 4.8422173% IRS Form 8038 Net Interest Cost 4.4155949% Weighted Average Maturity 5.339 Years 2008B GO !mp Bonds J SINGLC PURPOSE 10/23/2008 Z.•00 PM ��}6"C[1C�5��'� 4 $2,339,932 City of Brooklyn Center, Minnesota General Qbligation Improvement Bonds, Series 2008B Issue Summary ASSESSMENT INCOME Date Principal Coupon Interest Tota� P+� 12/31%2008 12/31/2009 240,591.18 6.000% 163,795.27 404,386.45 12l31/2010 240,591.18 6.000% 125,960.46 366,551.64 12/31 /2011 240, 591.17 6.000% 111,525.00 352,116.17 12/31/2012 240,591.17 6.000% 97,089.52 337,680.69 12/31/2013 240,591.17 6.000% 82,654.06 323,245.23 12/31/2014 240,597.17 6.000% 68,218.58 308,809.75 12/31/2015 240,591.17 6.000% 53,783.12 294,374.29 12/31 /2016 240,591.17 6.000% 39, 347.64 279, 938.81 12/31/2017 240,591.16 6.000% 24,912.18 265,503.34 12/31 /2018 174,611.82 6.000% 10,476J0 185,088.52 Total $2, 339, 932.36 $777,762.53 $3,117,694.89 SIGNIFICANT DATES FilingDate 11/01/2008 FirstPayment nate 12/31/2009 Series 20088 Assecnnent lssue Summary 10/23/2008 2.•00 PM �t'it1gS'��.'t� 5 $593,814 City of Brookiyn Center, Minnesota General Obligation Improvement Bonds, Series 2008B 2007 Assessments ASSESSMENT INCOME Date Principal Coupon Interest Totat P+l 12/31 /2008 12/31/2009 65,979.35 6.000% 41,566.99 107,546.34 12/31/2010 65,979.35 6.000% 31,670.08 97,649.43 12/31/2011 65,979.35 6.000% 27,711.32 93,690.67 12/31/2012 65,979.35 6.000% 23,752.56 89,731.91 12/31/2013 65,979.35 6.000% 19,793.80 85,773.15 12/31/2014 65,979.35 6.000% 15,835.04 81,814.39 12/31 /2015 65,979.35 6.000% 11,876.28 77,855.63 12l31/2016 65,979.35 6.000% 7,917.52 73,896.87 12/31/2017 65,979.34 6.000% 3,958.76 69,938.10 Total $593,814.14 $184,082.35 $777,896.49 SIGNIFICANT DATES Filing Date 11/01/2008 FirstPayment Date 12/31/2009 Series 20088 As.�:.....�.t 2007 Assrssments 10/23/2008 Z.•00 PM �pri�g��ec� e�,, 6 $1,746,118 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds, Series 2008B 2008 Assessments ASSESSMENT INCOME Date Principal Coupon Interest Total P+I 12/31 /2008 12/31 /2009 174,611.83 6.000% 122,228.28 296,840.11 I 12/31/2010 174,611.83 6.000% 94,290.38 268,902.21 a 3 813.68 258,425.50 12/31 /2011 174,611.82 6.000 /o 12/31 /2012 174,611.82 6.000% 73,336.96 247,948.78 12/31/2013 174,611.82 6.000% 62,860.26 237,472.08 12/31/2014 174,611.82 6.000% 52,383.54 226,995.36 12/31I2015 174,611.82 6.000% 41,906.84 216,518.66 12/31/2016 174,611.82 6.000% 31,430.12 206,041.94 12/31 /2017 174,611.82 6.000% 20,953.42 195,565.24 12/31 /2018 174,611.82 6.000% 10,476.70 185,088.52 Total $1,746,118.22 $593,680.18 $2,339,798.40 I SIGNIFICANT DATES FilingDate 11l01/2008 FirstPayment Date 12/31/2009 I Series 2008B Aasessment 2008 Assessments //0/23/2008 2:00 PM ��1t'1t'tf�S'��C� g�,_ �s%+.?x.?.:,,..� Member introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $2,390,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008B A. WHEREAS, the City Council of the City of Brooklyn Center, Minnesota, has heretofore determined that it is necessary and expedient to issue its $2,390,000 General Obligation Improvement Bonds, Series 2008B (the "Bonds") to finance vaxious improvement projects in the City; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. Authorization; Findin�s. The City Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bonds. 2. Meetin�; Bid Onening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The Manager or his designee, shall open bids at the time and place specified in such Terms of ProposaL 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as E�ibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the Manager and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. 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. 2252596v1 g EXHIBIT A TERMS OF PROPOSAL $2,390,000 CITY OF SROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008B (BOOK ENTRY ONLI� Proposals for the Bonds and the Good Faith Deposit ("Deposit") will be received on Monday, December 8, 2008, until 11:30 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. I SUBMISSION OF PROPOSALS Spnngsted will �ssume no liability for the inability of the bidder to reach Spxingsted prior_t�.the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding Proposals may be submitted in a sealed envelope or by f� (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting ons b tele hone 651 223-3000 or f� to Springsted the final Proposal price and coup y p (651) 223-3046 for inclusion m the submitted ProposaL OR (b) Electronic BiddinQ Notice is hereby given that electronic proposals will be received via PARITY�'. For purposes of the electronic bidding process, the time as maintained by PARITY� shall constitute the ofFicial time with respect to a11 Bids submitted to PARITY�. Each bidder shall be solel res onsible or makin necessa arran ements to access PARITY� or ur oses Y P .f g r7' S .f P P with the re uirements o o submittin its electronic Bid in a timel manner and in com liance q f .f g Y 1� the Terms of Proposal. Neither the City, its agents nor PARITY� shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY� shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY�. The City is using the services of PARITI'� solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY� is not an agent of the City. Preliminary; subject to change. 2252596v1 9 If any provisions of this Terms of Proposal conflict with information provided by PARITI'�, this Terms of Proposal shall control. Further information about PARITY�, including any fee charged, may be obtained from: PARITY�, 1359 Broadway, 2 Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE BONDS The Bonds will be dated December 15, 2008, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2009. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the yeaxs and amounts* as follows: 2010 $275,000 2013 $250,000 2016 $240,000 2018 $230,000 2011 $260,000 2014 $245,000 2017 $235,000 2018 $160,000 2012 $255,000 2015 $240,000 The City reserves the right, after proposals are o ened and p rior to award, to increase or reduce the principal amount of the Bonds offered f or sale. �lny such increase or reduction will be made in multiples of $S 000 in any of t�Ze rr�rrturities. In the event the prtneipal amount of the Bonds is increasec� or reduced, any p remium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption and must conform to the maturity schedule set forth above. In order to designate term bonds the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. 2252596v1 1� REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2017, and on any day thereafter, to prepay Bonds due on or after February 1, 2018. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of pax plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge special assessments against benefited properties. The proceeds will be used to finance various improvement projects within the City. BIDDING PARAMETERS Proposals shall be for not less than $2,370,000 and accrued interest on the total principal amount of the Bonds. No proposal can be withdrawn ar amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates are not required to be in level or ascending order; however, the rate for any maturity cannot be more than 1% lower than the highest rate of any of the preceding maturities. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT Proposals, regardless of inethod of submission, shall be accompanied by a Deposit in the amount of $23,900, in the form of a certified or cashier's check, a wire transfer, or Financial Surety Bond and delivered to Springsted Incorporated prior to the time proposals will be opened. Each bidder shall be solely responsible for the timely delivery of their Deposit whether by check, wire transfer or Financial Surety Bond. Neither the City nor Springsted Incorporated have any liability for delays in the transmission of the Deposit. Any Deposit made by certified or cashier's check should be made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, S�. Paul, Minnesota SSlOL 2252596v1 11 Any Deposit sent via wire transfer should be sent to Springsted Incorporated as the Crty's agent according to the following instructions: Wells Fargo Bank, N.A., San Francisco, CA 94104 A.BA #121000248 For Credit to Springsted Incorporated, Account #635-5007954 Contemporaneously with such wire transfer, the bidder shall send an e-mail to bond services@springsted.com, including the following information; (i) indication that a wire transfer has been made, (ii) the amount of the wire transfer, (iii) the issue to which it applies, and (iv) the return wire instructions if such bidder is not awaxded the Bonds. A.ny Deposit made by the successfi.�l bidder by check or wire transfer will be delivered to the City following the award of the Bonds. Any Deposit made by check or wire transfer by an unsuccessful bidder will be returned to such bidder following City action relative to an award of the Bonds. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota and pre-approved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that underwriter is required to submit its Deposit to the City in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M:, Central Time on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis: The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals I without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSUR.ANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of lssuance of the Bonds resultmg from such purchase of insurance 2252596v1 12 i shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. i SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion af Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City; or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5). OFFICIAL STATEMENT The City has authorized the prepazation of an Official Statement containing pertinent information relative to the Bonds and said Official Sta.tement will serve as a nearly final Official Stateznent within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Sa.int Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the ci al amounts and interest rates of the Bonds to ether with any other maturity dates, prin p g 2252596v1 13 information required by law, shall constitute a"Final Official Statement" of the City with respect -12. B awardin the Bonds to an underwriter to the Bonds, as that term is defined in Rule 15c2 y g Y or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 95 copies of the Official Statement and the addendum or addenda described above. The City designates the senior mana�ing underwriter of the syndicate to which the Bonds ar� aw�arded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated November 10, 2008 BY ORDER OF THE CITY COUNCIL /s/ Sharon Knutson Clerk 2252596v1 I 14 Cit� Council Agenda Item No. llc COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer DATE: November 4, 2008 SUBJECT: Resolution Aceepting Work Performed and Authorizing Final Payment, Improvement Project No. 2007-17, Contract 2007-I, Kylawn Park Improvements Recommendation: Staff recommends that the Brooklyn Center City Council approves the attached resolution accepting work performed and authorizing final payment for the Kylawn Park Improvement Project. Background: On October 8, 2007, the City Council awarded Contract 2007-I to Ebert Construction Inc. for the construction of the new Kylawn Park Shelter Building. The project consisted of constructing a new larger park shelter building on the same site as the old park shelter building located at Kyle Avenue and 61 Avenue North. This is the first of three new shelter buildings approved in the City'. s Capital Improvement Plan. Ebert, Inc. has completed the construction work and is now requesting final payment for the project. Budget Issues: The original contract amount for the Kylawn Park project awarded to Ebert, Inc. was $190,293.00. The total value of work certified for final payment is $189,777.42, which includes final contract adjustments. The project was completed within budget. The attached resolution provides a summary of the project expenditures and funding source far the project. City staff separately coordinated other miscellaneous improvement items pertaining to the Kylawn Park Improvement Project as listed in the Final Cost Summary (see Table 1). These approved items were originally included in the overall project but were contracted separately. The total cost for all improvements is $250,720.02. The preliminary cost estimated on October 3, 2007 was $258,928.00. Table 1. 2007 Kylawn Park Improvements Final Cost Summary ITEM i EST. COST ACTUAL COST Main Building Improvement Items Building Construction I $190,293 I $189,777.42 Architectural/Eng/Admin I $30,950 I $31,875.91 Construction Contingency $15,000 Subtotal I $236,243 I $221,653.33 Miscellaneous Improvement Items Asbestos Investigation I $560 I $556.04 Asbestos Abaitment I $2,975 I $2,971.00 Building Demolition Contract I $2,950 I $2,858.00 Geotechnical I $2,900 I $5,000.60 Building Pad Paving I $5,500 I $8,981.05 Tennis Court Removal (1) I $800 I Exterior Lighting I $7,000 I $8,700.00 Subtotal I $22,685 I $29,066.69 Project Total $258,928 I $250,720.02 Dare: November 4, 2008 Note: (1) Work peformed by City staff. Cost included in Engineering amount Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2007-17, CONTRACT 2007- I, KYLAWN PARK IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Ebert Construetion, Inc., of Corcoran, Minnesota has completed the following improvement in accordance with said contract: Improvement Project No. 2007-17, Contract 2007-I, Kylawn Park Improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Final payment shall be made on Improvement Proj ect No. 2007-17, Contract 2007-I, Kylawn Park Improvements, taking the contractor's receipt in full. The total amount to be paid for said improvements under said contract shall be $189,777.42. 2. The estimated project costs and revenues are hereby amended as follows: Item As Ori�inal Award As Final Contract 190,293.00 189,777.42 Contingency Costs 15,000.00 Admin/Le�al/En�r. 30.950.00 31.875.91 Total Estimated Project Cost 236,243.00 221,653.33 3. Project revenues shall be derived from the Capital Improvement Fund (40100). November 10. 2008 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. City Council Agenda Item No. lld COUNCIL ITEM MEMORANDUM To: Curt Boganey, City Manager From: Scott Bechthold, Chief of Police Date: November 5, 2008 Subject: Adoption of Crime Free Multi-Housing Program Recommendation: It is recommended that the City Council adopt the 2008 Minnesota Session Law Chapter 366, Article 6, Section 48: Participation in Crime-Free Multi-Housing Program for rental properties classified as 4d under MN State Statue 273.128. Background: Jn 20Q8, the Minnesota legislature passed session law chapter 366, article 6, section 48; a pilot project that designates the City of Brooklyn Center to have class 4d rental properties (under Minnesota State Statue 273.128) complete three phases of the Crime-Free Multi- Housing (CFMH) program, and maintain annual certification. The CFMH program is a nationally used model known to be effective in reducing criminal activity in rental properties. Properties qualifying as ctass 4d property for taxes payable in 2008 must meet the requirements by May 15, 2011 in order to retain the classification in 2012. This requirement is effective the day after it is locally approved by the governing body of the City of Brooklyn Center. There are six properties in the City of Brooklyn Center that are currently classified by the Housing Finance Agency as 4d properties: Center Pointe 2900 Northway Drive Emerson Chalet 1200 67 Avenue North Ewing Square Townhomes- 6200 France Avenue North Garden City Court Apartments 3409 65 Avenue North Unity Place 5300 Ponds Drive View Pointe at Shingle Creek- 6221 Shingle Creek Parkway I Rental properties must be identified by resolution from the governing city as qualifying properties using each of the following requirements: 1) is located in a city (i.e., Brooklyn Center) that offers a crime-free multi-housing program though its city police department; 2) has police calls over the preceding three-year time period exceeding the average number of calls#or multi-unit rental properties in the jurisdiction, adjusted for number-- of units, by at least 25 percent; 3) has received a written notice from the police department requesting that the owners or managers enroll in the crime-free program which has not been complied with within 60 days; or where the owner or manager failed to complete all three phases of the program within a specified time. The responsibility of the police wil! be to send a written request to the owners/managers to enroll in the program, offer a crime-free multi-housing program, and track police calls to these properties annually. The police will provide a report to the chairs of the House of Representatives and Senate tax committees, on or before January 1, 2017, to describe the effectiveness of the program. Budget Issues: None. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER' S ADOPTION OF 2008 MINNESOTA SESSION LAW CHAPTER 366, ARTICLE 6, SECTION 48; PARTICIPATION IN CRIME FREE MULTI- HOUSING PROGRAM FOR PROPERTIES CLASSIFIED AS 4d. WHEREAS, There are six properties in the City of Brooklyn Center that are currently certified by the Housing Finance Agency as 4d properties: Center Pointe, Emerson Chalet, Ewing Square Townhomes, View Pointe at Shingle Creek, Garden City Court Apartments, and Unity Place; and WHEREAS, the 2008 Minnesota legislature passed session law chapter 366, article 6, section 48; a pilot project that designates the City of Brooklyn Center to have 4d rental properties complete the Crime-Free Multi-Housing program, if the police calls to the 4d properties are greater than 25 percent of the city's average calls for service to multi-family rental properties; and WHEREAS, The owners or managers of these properties must complete three phases of the program: 1) Management training, 2) Security Assessment, and 3) Resident Training/ Crime Watch within the first year and annually maintain its certification; and WHEREAS, The general purpose of the Crime-Free Multi-housing Program is to make rental properties a safe and desirable place to live; and WHEREAS, Future rental properties certified as class 4d shall be recognized by resotution; and WHEREAS, 2008 Minnesota Session Law Chapter 366, Article 6, Section 48 expires after taxes payable in 2017; and WHEREAS, The City shall make a report to the chairs of the House of Representatives and Senate tax committees describing the effectiveness of the program on or before January l, 2017; and BE IT RESOLVED that the City of Brooklyn Center offer a Crime Free Multi- Housing Program through its city police department effective the day after approval of this resolution. Date Mayor ATTEST: City Clerk I 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. Work Session Agenda r A ENDA G CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION November 10, 2008 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS L Update on 57�' and Logan Redevelopment Site and Soil Vapor Study and Review of "Contamination Assessment Hmong-American Shopping Center Site" Report 2. Joint Powers Agreement Brooklyn Bridge Alliance Update 3. Schedule Annual Retreat Pending List for Future Work Sessions 1. Three Rivers Park District Plan 2. Adult Entertainment Establishments 3. Rental Housing Plan Update 4. TIF Districts Update City Manager 5. 2011 Brooklyn Center Celebration Status Report 6. Super America Quarterly Update 7. Public Safety Annual Report 8. Shingle Creek Daylighting Plan i Work Session Agenda Item No. l MEMORANDUM T0: Curt Boganey, City Manager THRU: Gary Eitel, Community Development Director FROM: Tom Bublitz, Community Development Specialist DATE: November 4, 2008 SUBJECT: Work Session Item Regarding 57th and Logan Soil Vapor Study The City of Brooklyn Center, through its Economic Development Authority (EDA), has concluded its part in the investigation of Volatile Organic Compound (VOC) contamination relative to a dry cleaning operation at the former Hmong American Shopping Center and formerly Northbrook Center) site at 57� and Logan Avenues North. Since acquiring the site in 2005, the Brooklyn Center EDA has worked with the Minnesota Pollution Control Agency (MPCA) and the Minnesota Department of Health (MDH) to complete assessment activities relative to groundwater and soil vapor impacts associated with the former dry cleaning operation. The final work roduct relative to the EDA's assessment activities at the S7� and La an site p g is the report titled "Contamination Assessment Hmong American Shopping Site, Brooklyn Center, Minnesota". This is a report summarizing the investigation and assessment activities relative to the 57� and Logan site beginning with investigations done prior to the EDA's involvement with the site and including the EDA's investigation and assessment activities frorn 2005 to the present. The EDA is currently transitioning responsibility for ongoing soil vapor and groundwater assessment to the MPCA. The documents included with this memorandum include: Copy of PowerPoint presentation titled "Logan and 57th Avenue Redevelopment Site". Copy of the Executive Summary and Introduction to the Contamination Assessment� Report prepared by Tetra Tech (August 2008) MPCA Update (September 2008) regarding the 57th and Logan Soil Vapor Study MPCA Soil Vapor E�raction Fact Sheet (August 2008) Staff will review the PowerPoint presentation at the November 10, 2008 City Council work session. Scott Tracy, Senior Project Manager with Tetra Tech, will also be at the meeting. i t ,y;� j; r .ar ....z. m �9�' s .;"F"MI� �G Y y rSfi :tK- �ti 'f t i r� 1 .�,k:� k. %r0. .r.� �!i(b �r c l 3 �v 4 o. �C C �,r�� 1 J 1yl aw� E iiu,,,,. Y -a�' b s. S. r:, f ke_ �,d;,� R' x t ti F y+,*�� Y r y t .�t\. J a t'; t �Y` `y �`v .i+' I 11`'- F r r z.. I r E I �a A t� f ti 'i I ��F� W'♦ s 1 �a', N�i 1 �C Y• 3, .,�:b A. y 'u .�Jk£T �w_ _��aPes i y I i,. i i`! °i► Y J .�y�, 4'� i ��r� .�x; F x �7� r .f r l. �..J, -iO� e —s" i i f .:i J R I�'t��f� 4 r,: S" o�. M �s f r a ,.w -.m` q' a�j F r �,�u 4 fi� "AY1��i- f: e'.. YR �R Asf n.A i 1950's and 1960's i t s �.r r ite is initiall develo ed 8.5 ac e s Y p 3„' t�� Initial uses included: Northbrook Shopping Center f .y i� 9 Orig�nal Pilgrim Cleaners Dry f� T� Cleaner t -i' r, t. 1 s Service Stations p 1980 s and 1990 s Dry cleaner ceases operations �r •�r e, r Petroleum releases at service stations are reported, assessed and closed by y b MPCA f w.li� •v 4� 2000 ,.r x ��r Site is purchased by Hmong- American Shopping Center �y 4�. I April 1992 F Dahl issues "Petroleum Hydrocarbon Release, Remedial Investigation, and Corrective Action Plan" 21 test borings completed X 5 monitoring wells installed w g r i`f�� ,.��T r3p K Petroleum impacts i discovered at depth near a ;R the south end of the property I t a .T h r I December 1993 March 1996 X� A a� Dahl completes "Excavation Dahl issue "Site Monitoring Worksheet for Petroleum site Worksheet" requesting site Releases" closure by the MPCA MPCA requests the installation of a new A ri11996 p monitoring well and the MCPA closes the site with z°_u characterization of soil to regard to the petroleum spills be excavated for treatment r_ from the former Bill West Service Center and the former Gulf Oil Station. w� t-�+, �.�X, try��ry.�� l��" ��t�*� t.�}Ifk ''T�, f •Yh kt b' at h� 'F,, .4,� .r �o:. A' r Y: 2��1 iF Site Owner approaches City with J ��1 redevelopment plan 6 �y 2003 3 ;f f d c r- Phase I ESA completed by Earth Tech ,r rY ��2. E°� funded by EPA through Hennepin ta r County °j n Potential sources of contamination K �d identified with dry cleaner and service v stations y 2004 i f Phase II ESA completed by Barr M�� .�+,.b�" y Engineering, funded by Hennepin County =i tl •'�ir....,a,,i�,r Petroleum impacts detected near Y��; Se1V1Ce Sta.t1011S y t y L•�� Y E�� Dry cleaning solvents detected on �::�s.H::�� 1,_ northern portion of property 2005 Northbrook Site Task Force recommends site redevelopment �s S' i r 1 E �.SS�� .i� i� `��yiY 5 Apri12005 i EDA acquires site through eminent domain w July 2005 EDA takes possession of site and ��"`�k enrolls it in MPCA VIC program with regard to dry cleaning solvent r impacts s i� ti Remaining petroleum impacts to be managed with a DR.AP during site redevelopment November 2005 Building demolition and site clearance completed �,�r 1 On and off-site sampling continues �_x ..,_�-'�'1-- r R''..."� f s.... r 1 v.� A •�V 1'�. c' Y�T' _i., r� �yy_.�' 42 [�H f,� _x1- A ��(l��R ,.N'r.i4 Y F�'S��'� ��i k i .wft ..y i Y� �:'t 3i a .e,,, •�•i, 5 ..:Ei y�1`+�� ,t+f.r. i:� �-�.a f 1 ��l ti; �sa�s�zr�. s�i=e i; s �9/ ]e 1 �,N� '�`9'`- t �$..J August 2005 Fall 2005 Tetra Tech is hired by EDA to MPCA requires soil vapor complete environmental site sampling as part of new vapor assessment intrusion program Minor petroleum and dry Dry cleaner solvent vapors are cleaner solvent impacts are found off-site above groundwater found in soil im acts p Dry cleaner solvents are February 2006 found in groundwater on- Phase II Summary Report site and off-site to the east completed by Tetra Tech f t a rr 'i x 'Y F r�.yR. y�: �X ::,,�1 ,-._y 9 t Volatile organic compounds (VOCs): "s N Emitted as gases from certain solids or y �n:r' Vapor ntrusion into liquids VOCs include a variety of chemicals, a StC'UCtUI"e including perchloroethylene, the chemical most widely used in dry cleaning VOC levels are usually higher indoors i PoadrneCubuF7a� Indoor /ur �-=•��--�==�A than outside I v.a� z� Vapor intrusion occcurs when: VOCs move from plume into open air ��m spaces between particles of soil From soil, VOCs enter into homes VOC Contaminated through cracks in the foundation Vapors from Groundwater Contaminated GroundwaterMigrate ;;u, Can become trapped in buildings with into Structures little air-flow There is no evidence to suggest an imminent health risk to residents in the affected area near the Logan and 57th redevelopment site. x? f r 4 1. r r W�' r t�'t i. r �i ,n r ,t F� F �J�. t,�:;'� ��A:':?}� ,n;' a, M 2 ��i Indoor r C� R Chemical Spill �CE Air r I basemeM L.....naw., slab Chemical Vapor Movement r Ground Water Table u Ground Water Contamination :i .Alj p� Summer-Fall 2006 October 2006 �3 Additional roundwater Public meeting with MDH and g MPCA held to address r assessment completed environmental concerns and ask f 41' MPCA indicates need for for volunteers for sub-slab analyses g sub-slab vapor sampl�ng Approximately 11 households present at meeting �y� 2 volunteers for sub-slab testing ,��x: J h ��1 r. r L e 1� t G p r�� a p v Fall2005 ,E� j a .�N( PCE and TCE are 4 o .��r' detected above screerung r limits at 4 soil vapor w >,o, r �r„ b a samples collected at i O F �i' k R°de°�°,�°`' borings VP-1 through VP- SIL! �w t� y ��'T 4 along Logan, 58th, and H, Knox Avenues Fall 2006 S rin 2007 p g °^�-•+r; t ,:i n ��a Soil vapor and f groundwater assessment ,3��` '°`T .w is ex anded in residential p v area southeast of site to �4 11� t 1 i detern�une the extent of f .v _�a.. ,w 1: ri ��i ��.1.-: impacted area >1000 ug/m^3 PCE Inferred Extent jj� 100-999 ug/m^3 PCE Inferred Extenl� May 2007 �'�,n�y`�� 14-99 ug/m^3 PCE Inferred Extent s f� ��C 8-14 ug/m^3 PCE Inferred Extent �i�^d Ya r� :�c� sults of asses smen 6 Y Re t xtent 8 ug/m^3 PCE Inferred E �,b a:. a�:: T: indicate expanded area of s �t soil vapor impact V Y t Yy+ Yl' i'Y �''ji r H�-'� t i� F 7' f v, 1 t �"�J�4 F 1: dO:�L r�'�R. .u' R�{� d.y. 3 Cy,. t i .�1h'�� March 27, 2008 k F r Public meetin held with t g _i_ r MPCA, MDH, and residents in investigation f area to inform all ty �e interested parties of site }f. �r status and to solicit sub- slab vapor s ampling t A 3 p volunteers y�,� 4 35 property owners �y volunteer for sub-slab testin and 15 are selected t a g for initial screening i� �r t 4 f�, ..'-t� w t. 4_ �t Y t y� ��L' ^1 �t;", T ��l:�.i'3:+". _:k J �m. ,��+`i"Y j��. t�" April Ju1y 2008 Sub-Slab sampling is completed on 20 properties by Tetra Tech rt�� STS Consultants, Ltd (MPCA contractor) complete seven additional sub-slab tests X 2 Results F ht z, Non-detect for PCE and TCE at &p. 12 of the 27 sub-slab sampling locations J� PCE or TCE sub-slab screening :a�`��`�; R 4-�a levels exceeded at 5 locations t 3 of 4 indoor air samples were fi H non-detect for PCE and TCE _i� �ry� j�. r ��'��`e�r z x n ..'^4 F jCi�j 9 a 7 I'�. 4 t' 1� t r; ..r.... 57T11 i a i 359 properties a ti surveyed to a a o o F ,oy� o r detern the m �r�..: a o r t nce of rivate exis e oa 0 n p z wells (survey done o b a o a h f'yp �i �I y p d �tAT�_ �""t; by mail certi ied t o .�o� 'F rt Redevelopment•' I R mail, and door t� srte I o 3 i�"�► door) d I e o s a a k, s 1"'3p i f �7iN 1 o a o o Shallow d o 4 f� a f 0 o 4�' o groundwater is not a o d a b o o a: A o a a d source of potable y r 0 drinking water w^"n^ g u' J Y J V a a t a o o I J 4 w Q v I 4 M 0 T 0 J y r er '�d 6 p V i�O O 7 V p p tY 3 4 4 f r in surve ed o owne s i l V Y h W t area used private _.p rw 0 0 +E wells for drinking ��a� A ::F: ,y t r wa e s. �r i 1 x qri, .:a. a •;s�,• f t �»ts x Y�� q i� Y During 2005, 38 Geoprobe borings r were completed on-site to assess s. s r�� r for VOCs in roundwater; 16 �9 '�`-�p� r �T-� �`J. d�rect- ush borings were RMkYNnPmarK��..��:. S 9 �,..�4 Site ��`y��= completed to assess VOCs off-site p ��rt" Data shows a narrow lume p trending SE from property a Durin 2006 9 Geoprobe borings 1 g were com leted off-site to assess s p ��r groundwater plume °T fi s s �,�3# �'=y,,, ,r... I E R�'=�.: ��w Concentratlons showed steady ,r:�'....z, wR «r .F or declining contamination levels ;�q y y qxnent I p �o x l. I During 2007, 15 Geoprobe borings TM� '6�� were sam to assess plume bz y F; a `�as'�.! Y` s �lN' s 3locations exceeded PCE '6' f��°gE b ��v� 1� �f`�e�� c ��i �r �z drinking water standard t 4 'r �d 2locations exceeded TCE a e y drink�ng water standard �,�R �ia� l j ��r= aa s �s w�'�_ I� i ,y.. �1 'i 4 +7 y i j' +r'z J f�` �,',�;.,Y.�; During 2006, 8 Geoprobe borings were com leted on-site to assess the yy p °O,Q, 'R h �Si..Mu:R. y a ��d� �r so�l vapor plume r ��s Highest concentrations were found �v':o x a,� =�l.G r under the northern portion of the m drycleaner 06C! l During Spring 2007, 21 Geoprobe borings were completed off-site to assess the soil va or lume p p rb 9locations indicated concentrations I j� above PCE screening level 8 �t ��,F, ��t� D �`��.3 �.`a =N 3locations were above TCE r �m' �..o� 1 t�'• r�G �„r.. �'.t� ssln �YI I screening level 4� i .a.��:... a �,��,��s. �h� t.� p� uring Fall 2007, 15 Geoprobe alopment �,�d "`4 h f, borings were completed to assess the ;�;�e b i��,�� a.��;�� so�l vapor plume off-site �ak F�.�� 8locations indicated concentrations `T J :1.. :R��s exceeded PCE screening level r� 2 locations exceeded TCE screerung ��1 a Q t �'�r 'a T.. '.iT �v c u 8 level .�w a J. .i ow�' y ow�, �,-°y 7 R.''+,�'ijiV •b "i� P: "2, YV s t 4 5 'L 5 :i xy r r r d t �T._,_..o= ��-r� u� 'i: s f x'�..� r i, EDA has obtained No Association Determination, and vvill pursue No Further Action letter for soil. The MPCA will be taking responsibility for on- going soil vapor and groundwater assessment, y and will have primary responsibility for any remedial actions deemed necessary a: On behalf of the MPCA, STS will complete 22 additional sub-slab tests in the residential area i 4 The need for remediation of individual homes will be evaluated following the MPCA's assessment and an necessary mitigation y �y; measures will be taken A temporary Soil Vapor Extraction (SVE) I system has been installed by the MPCA near a o g�� the former dry cleaner location and may run for up to two years v� Y�. Future public meeting will occur to update residents on project status ty x s„ t a'; !Y `1 c+•� r� i i 1.0 EXECUTIVE SUMMARY Tetra Tech EM Inc. has completed subsurface �ssessment activities on behalf of the City of i Brooklyn Center on, and in the vicinity of, the Logan and 57`�' Redevelopment site located to the northwest of the intersection of Logan Avenue North and 57` Avenue North in Brooklyn Center, Minnesota. The assessment activities have identified the presence of volatile organic compounds in groundwater, soil, and soil vapor from historical drycleaning activities on the �I northem portion of the site, as well as the presence of residual, low-level petroleum impacts to soil and shallow groundwater in the vieinity of two former gasoline service stations on the southem portion of the site. The Muinesota Pollution Control Agency previously determined that the petroleum releases on I the southern portion of the site did not warrant further assessment or remediation subject to future redevelopment plans for the site. A source area for on-going impacts to groundwater was not identified in the vicinity of the former drycleaner, and observed soil impacts at the site do not appear to represent a risk to human health or the environment. The Ci t y of B r o o k l y n C e n t e r should be eligible for a lunited No Further Action letter for drycleaner-related impacts fo soil from the Minnesota Pollution Control Agency at this tune. i Groundwater and soil vapor impacts associated with the former drycleaner at the site have been identified to the east and southeast of the site in the general direction of shallow groundwater flow. Working with the Minnesota Pollution Control Agency and the Minnesota Department of Health, the City of Brooklyn Center has completed assessment activities to deternune potential risks of exposure to residents near the site. Based on groundwater sampling and the results of a receptor survey completed by the City of Brooklyn Center, neither the Minnesota Pollution Control Agency nor the Minnesota Department of Health has indicated health concerns with regard to resident exposures to groundwater. Potential health risks associated with groundwater impacts and soil vapor exposures are still being assessed by the Minnesota Pollution Control Agency, although no residences have been identified with drycleaner-related soil vapors above indoor air quality standards at this time. Once the Minnesota Pollution Contral Agency has compieted its additional assessment activities, mitigation measures may be recommended if potential receptors are determined to be at risk. Once mitigations measures, if warranted, are complete, the City of Brooklyn Center should be eligible for a full No Further Action letter for drycleaner-related impacts to soil and groundwater from the Minnesota Pollution Control Agency. j 'i 'i Tetra Tech EM Inc. 1 August 20, 2008 a 6 2.0 INTRODUCTION 2.1 Site Description The Logan and 57` Redevelopment site (a.k.a., the Former Hmong-American Shopping Center Site) is located at 1900-2000 57 Avenue North in Brooklyn Center (the Properiy) and is comprised of an approximate 8_5-acre triangularly-shaped area owned by the City of Brooklyn Center, through its Economic Development Authority (EDA). The Property is bound to the south by 57` Avenue North, to the east by Logan Avenue North, and to the north and west by State Highway 100 (Highway 100). The Mississippi River is located about 0.75 miles east of the Properly (Figure l, Appendix A). The Property is currently vacant. With the exception of a gas station and a few other commercial properties ixnmediately to the south of the Property, the area to the south and east of the Prc�perty is primarily residential. Commercial development exists to the north and west of the Property, across Highway 100 (Figure 2, Appendix A). 2.2 Geotogic Setting The Property lies in an area of alluvial deposits less than one mile to the west of the Mississippi River, and is underlain by sand and clay deposits to bedrock. The first encountered bedrock unit is the St. Peter Sandstone, which is found 7Q to 80 feet below grade. Based on review of soil profiles completed for soil borings and wells in the area, the alluvial deposits consist of an uutial sand interval approximately 15 to 30 feet thick overlying a significant clay layer appro�mately 30 to 50 feet thick. Shallow groundwater is encountered beneath the Property at a depth of approximately 12 to 15 feet below grade and, based on measurements taken from morutoring wells both on and off the Properry, flows southeast toward the Mississippi River, this shallow groundwater is not used as a source of municipal drinking water by the City. According to data collected by the Minnesota Geologic Survey, groundwater flow in the St. Peter FormatiQn i,i� (bedrock aquifer) is also to the southeast toward the Mississippi River. 2.3 Background information i Several envirorunental reports have been previously prepared by other consultants for the Property. Summaries of these reports are provided below. Petroleum Release Reoorts Bill West Service Center (MPCA LEAK 38401 On March 2, 1990, Dahl and Associates, Inc. (Dahl) issued a"Site Assessment" report for the Bill West Service Center site, located at 2000 57` Avenue North on the southern portion of the Property (Figure 3, Appendix A). The Site Assessment report documented petroleum hydrocarbon contamination at the site, possibly associated with a 300-gallon gasoline underground storage tank (UST) that had failed a tank tightness test in 1985. Dahl recommended additional assessment work, including the completion of soil borings and installation of monitoring wells. Tetra Tech EM Inc. 2 August 20, 2008 On April 24, 1992, Dahl issued a"Petroleum Hydrocarbon Release, Remedial Investigarion and Correcrive Action Design (RI/CAD)" report for the site. Additional assessment activities suzrimarized by Dahl included the advancement of 21 test borings and the installation and sampling of 5 monitoring wells. Dahl's assessment activities indicated the presence of petroleum-impacted soil at depths of 10 feet or more below grade on the eastern side of the site, as well as on the north side of the site near a used oil tank. The inferred extent of soil unpacts near the site are depicted on Figure 3 in Appendix A. Free product was reported by Dahl at two monitoring wells. Dahl suggested that some of the contamination at the site might have originated from surrounding properties such as a former Gulf Oil Starion site to the east on the Property (Figure 3, Appendix A), a SuperAmerica site to the south (across 57 Avenue North), and a former Amoco site to the southwest (also across 57 Avenue North). Dahl recommended the removal of two of the five tanks on the Bill West Service Center property and tightness tests on the remaining three tanks and product lines. The MPCA requested continued quarterly sampling of the manitoring wells at the site to assess trends in contaminant levels in groundwater. On December 16, 1993, Dahl issued an "Excavation Worksheet for Petroleum Release Sites" for the site. The MPCA requested that additional work be completed for the site, including the installation of a new monitoring well and characterization of soil to be excavated for treatment or disposal. On March 2 1996 Dah] issued a"Site Monitorin Worksheet" re uestin that the site be closed g �1 b by the MPCA due to low �evels of petroleum hydrocarbons in all but one well (MW-S, located southeast of the former Gulf Oil Staion tank basin on the Property). In response, the MPCA issued a closure letter for the site dated April 19, 1996. On July 30, 1999, Dahl issued an "Excavation Report" for the site. Approximately 15 cubic yards of soil with petroleum hydrocarbon impacts were excavated during removal of three USTs on the north side of the Bill West building at the site on June 29, 1999. The impacted soil was thinspread over the former tank basin with MPCA approval. On August 27, 1999, the MPCA issued a letter confirn�ulg that the site would remain closed relative to its petroleum release status. Phase I Environmental Site Assessment Report Apri12003 In Apri12003, Earth Tech, Inc. (Earth Tech) completed a Phase I Environmental Site Assessment (ESA) report for the Property on behalf of the Hennepin County Department of Environmental Services. At the time of the report's completion, the Property included 5 commereial buildings: the Asia Market, the Acme Typewriter building, and buildings A through C(Figure 3, Appendix A). According to the report, on-site commercial development of the Property began in the 1950s; prior to this date, the area was used for residential and agriculture purposes. All of the buildings observed at the time of Earth Tech�s site reconnaissance appeared to be one-story, slab-on-grade structures constructed with concrete block and metal deck roofs. Building A, Tetra Tech EM Inc. 3 August 20, 2008 located on the northeast side of the property, was constructed in the mid-1950s with an addirion in 1963. A former drycleaner was located in the northern portion of Building A. Other occupants of Building A included: Asia Fashion Fabrics, Chuck Wagon Restaurant, Video 2000, Minnesota Martial Arts, Unique BeauTy Salon, and an Asian Grocery Store. Building B was located on the southern portion of the Property and was constructed in 1963. Tenants in Buiiding B included: Cash Pawn, Subway, Monh Wok, Pro Nails, and the Northbrook Beauty Salon. Building C, located on the southwest portion of the Property, was formerly a gas station and was constructed in 1965. At the time the Phase I ESA was written, BC Auto Repair �i occupied the western portion of Building C, and Pamela's Book Keeping was in the eastern part of the building. The Asia Market building was constructed in 1969 and included retail space, an office area, restrooms, and a lower storage area. The Acme Typewriter Building was constructed in 1950; the interior was not observed during the Phase I ESA. The Earth Tech report identified the foirner dryclea.ning operation on the northern portion of the ,;,�i Property and two former Leaking Underground Storage Tank (LUST) sites on the southern portion of the Property (Bill West Service Station site and the Former Gulf Oil Station site) as on-site recognized environmental conditions (RECs). The Bill West Service Station site was i indicated to have been closed by the MPCA on August 27, 1999. The Former Gulf Oil Station i site was indicated to have been closed on June 23, 1999, after completion of a"Limited Site Investigation" by Fluor Daniel GTI dated November 19, 1998. Additional RECs identified in the report inc2uded: A LUST site adjacent to the south side of the Property (SuperAmerica site) which had impacted groundwater (closed by the MPCA on October 20, I999), A stained pad-mounted transformer on the northwest side of the Property, along Highway 100. i Five 55-gallon drums of used oil located in a locked and covered storage area north of g Building C where surface staining was present. Various areas in and around Building C with spilled radiator fluid and hydraulic fluid. A pump island southeast of Building C. Three hydraulic hoists in building C. A spill (amount, material, and location undocumented) in Building B, possibly associated with a Subway Restaurant. The report also indicated the following environmental concerns: A suspected oil%water separator in Building C. A trench-style floor drain in Building C. Anecdotal e��idence of a former septic system on the Properiy. A sealed, but unregistered monitoring we1L i Tetra Tech EM Inc. q August 20, 2008 u._ Three business risks were also identif ed in the Phase I ESA: Prestuned asbestos containing materials within buildings at the Property. A potential for trarisformers and fluorescent light ballasts on the Property to contain PBCs. A high voltage power Iine running easUwest across the Property. Although not identified as a REC by Earth Tech, it should be noted that the Mitch's Trucking site, located at 5658 Knox Avenue North, was also identified as a srnall quantity generator of hazardous waste. Given the location of this site relative to the current groundwater and soil vapor assessment activities being completed for the Property, it does represent another potential source of contamination in the assessment area. Phase II Investi�ation Report Julv 2004 In response to the results of the Phase I ESA completed by Earth Tech, Barr Engineering (Baxr) was retained by Hennepin Counry to complete a Phase II ESA at the Property. Barr issued a "Phase II Investigation Report'° for the Property dated July 2004. Accarding to the report, nineteen direct direct-push soil borings were advanced to collect soil and groundwater samples at i the Property in areas of concern identified in the Phase I ESA. Soil samples were collected at borings B-1 through B-15. Groundwater sam ples were collecte d a t borings B-1 through B-7, B- 9 tIu B-12, B-14, and 8-16 through B-19. The locations of Barr's borings are indicated on Figure 3 in Appendix A. Analytical results for samples collected in the vicinity of the former drycleaning operation (borings B-1 through B-6, and B-16 through B-19) on the north side of the Property indicated the presence of chlorinated volatile organic compounds (VOCs icaI of in soil at borin B-4 h'P drycleaning operations, g (beneath Building A) and in groundwater to the east of the former drycleaner near the northeast corner of Building A(borings B-16 through B-19). Soil and groundwater samples collected immediately to the north and west of the former drycleaner did not indicate the presence of signifcant contaminant impacts. Barr's assessment activities indicated groundwater to be present at approximately 12 to 15 feet below grade at the Property, with a groundwater flow direction to the east-southeast. Based on Barr's groundwater assessment results, it appeared likely that chlorinated dry cleaning solvents had migrated off-site j, to the east of the Property. .'f Barr also advanced six soil borings in the vicinity of the two former gas stations on the southern portion of the Property. Field headspace screening and soil and groundwater analytical results indicated the presence of residual petroleum contamination at depth in� this portion of the Properiy. Barr recommended further delineation of the chlorinated VOC plume related to the former drycleaner. Barr also recommended that a contingency plan be prepared to manage petroleum hydrocarbon-impacted soil at the Property during future redevelopment activities. Tetra Tech EM Inc. 5 August 20, 2008 2.4 Site Specific Geology During the course of the field work completed by Tetra Tech observed site geology consisted of fine- to medium-grained sand to depths ranging from 13.5 to 25 feet below grade (fbg). The sand was underlain by a dense, very firm, moist, dark gray till. Of the borings advanced by Tetra Tech, 16 borings were advanced to a depth sufficient to encounter the rill layer. Groundwater at �the Property was observed at depths below grade ranging from 10 to 14 fUg. At borings where the till was observed, the saturated thickness of sand above the rill ranged from approximately 0.5 feet to 13 feet. Boring logs detailing soil observations and field screening results at each Tetra Tech boring location are presented in Appendix B. Tetra Tech EM Inc. 6 August 20, 2008 t i' r t"' •w�••� 4, -�a.�...,r,7• r L„!�'* n p Y r r�'�4 'h' �-r. 's„� i fv ''t� s r r �."R. 1 '�I i� N S J yc j r.� si �t �i �„t.a..�+.c. .qi r �v z :�t �evF'i v z.'x: r w s ..4 4 Y ..t r* r '3�'±.� 1� j f'J 1��`,�.�.i-.r^ r .�y� a:F t3' �j.�e+`_. r+ r'' 'W..+�.,4 i 1 ""�{e T�'�•: ?+Yj�L c.. .r+ 1� r ti p I t 1�� n i. t ca'�.i` ijd r' .-.c f �'�.L j r. S 1 e Q r. �l� I y ��7 L'� I. �rrr-c.. 0. 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'v—?ts° r, ,a� k o� �*�F'EY li r� i.e� 57 and Logan Soil Vapor Study i Hmong American Shopping Center Site #2 Minnesota Pollution Control Remediation/VIC/VP18581 September 2008 Agency his fact sheet provides an update on In the fall of 2005, elevated concentrations the comprehensive environmental of PCE and TCE were identified in ground investigation being conducted at the water and as vapors in the soil overlying 57th and Logan Redevelopment site (the the ground water (soil gas) in an area Contents Site) in Brooklyn Center (the City). To extending from the Site property east to Site History....... page 1 date soil gas samples has been collected James Avenue. Compounds of from beneath 27 homes and indoor air Concem............ page 1 Potential Risks.. page 2 samples have been collected from 3 homes. The City hosted a public meeting in Additional None of the indoor air sample results have October 2006 to present the investigation Sampling page 2 been found to exceed health limits for the results to the community and to request Interim site compounds of concern. Additional access from homeowners to look for vapors ConGusions...... page 3 Next Steps........ page 3 homes will be sampled and a ground water beneath homes (sub-slab) and in indoor air. Additional treatment system installed soon. Please Sub-slab samples were collected from two Infortnation page 4 refer to the additional information at the homes in 2006 and the results identified end of the fact sheet for Site contacts and PCE and TCE concentrations below levels links to additional Site information. A copy of concern. An indoor air sample was also of this and the previous Apri12008 fact collected at one of the residences at the sheet for this Site can be found on the request of the owner. The indoor air sample Minnesota Pollution Control Agency result was well below the indoor air (MPCA) website at: screening levels. www.nca.state.mn.us/cleanun�sites/index.html In 2007, the City conducted 44 additional subsurface probes across the investigation Site History area to determine the extent of the ground water and soil gas contamination. Higher Histarical Site activities included retail, PCE and TCE soil gas concentrations were commercial business, dry cleaning, and gas correlated with the higher ground water stations dating back to the 1950's and concentrations. 1960's. Following this investigation the City An initial environmental investigation was worked with MPCA to develop a plan for conducted by Hennepin County to assist additional sub-slab vapor sampling and the City in assessing the Site for presented this plan to the community in a redevelopment. This investigation public meeting on March 27, 2008. identified elevated levels of volatile organic compounds (VOCs), primarily the Compounds of Concern dry cleaning solvents perchloroethylene (PCE) and trichloroethylene (TCE) in the The two primary compounds of concern, ground water near the former dry cleaner. pCE and TCE, have been detected in the The City acquired the Site property in off-site ground water and overlying soil 2005, and began an investigation under the oversight of the MPCA Voluntary Investigation and Cleanup (VIC) Program. g-27-13b Minnesota Pollution Control Agency 520 Lafayette Rd. N., St. Paul, MN 55155-4194 www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 Available in alternative formats gas. The screening level for PCE sub-slab sample results homes to collect sub-slab vapar samples. The City's is 200 micrograms per cubic meter (µg/m and 30 µg/m environmental consultant, Tetra Tech, collected these for TCE. Sub-slab screening levels are health protective samples between April 19 and Apri126, 2008. values that are used to decide if there is a potential risk for elevated vapor concentrations to build up in indoor In addition to these 15 properties, STS, Consultants, Ltd. air. (STS), an MPCA contractor, collected sub-slab vapor samples from an additional six properties. STS collected The indoor air screening value is a level in indoor air these samples from May 13 to June 10, 2008, a total of that is considered safe, over a lifetime of exposure. The 21 properties with sub-slab samples. indoor air screening level for PCE is 20 µg/m and for TCE is 3 µg/m Both the sub-slab and the indoor air Sampling results showed that PCE or TCE was not screening levels were developed in cooperation with the detected in the sub-slab at nine of the 21 locations. PCE Minnesota Department of Health (MDH). or TCE were detected in the sub-slab at eight properties but were below screening levels. At four properties, the sampling results showed that either PCE or TCE Potential Risks exceeded their respective sub-slab screening level. There is no evidence to suggest an imminent health risk Letters to the individual homeowners were prepared by to residents. The investigation is designed to rule out any MPCA project staff in coordination with MDH that potential problems. The municipal drinking water supply provided a discussion of the sampling results. The in the investigation area is not affected by the MPCA and MDH concluded that no further sampling or contaminated ground water. actions were required at the present time for the The City is completing a ground water receptor survey properties that did not exceed the screening criteria. to determine if there are any private household wells in Indoor air and outdoor air sampling the investigation area. Private wells should not be used for drinking water although other uses far water from The MPCA conducted follow-up sampling, using their i, private wells should pose no risks. Wells that are no contractor STS, under a contract lasting through the end i longer in use should be properly sealed to prevent future of June, at three of the four property locations that had problems. sub-slab exceedances of either PCE or TCE. Scheduling issues prevented sampling at the northernmost location VOCs in groundwater can move into the open air spaces during the contract period. between particles of soil and then enter the indoor air of homes through cracks or other openings in foundations. Sampling at these three properties with sub-slab This process is known as vapor intrusion. exceedances involved collecting another sub-slab sample, collecting an indoor air sample from the Long-term exposure to VOC vapors in indoor air above basement level, and conducting a building survey. At indoor air screening levels can result in an increased risk �'o properties, an indoor air sample was also collected I of cancer or other health problems. Both PCE and TCE from the first floor level above the basement, as well as identified in soil gas at the Site are considered an outdoor air sample for comparison with the results of carcinogens. If VOCs in indoor air from vapor intrusion the basement samples. All indoor air and outdoor air are identified at concentrations above screening levels, samples were collected using a vacuum gas canister over the City and/or the MPCA will take steps to eliminate a 24-hour time period. A building survey and outdoor the vapor intrusion. sampling are done because VOC's are ubiquitous in I consumer products. Additional vapor sampling investigation The indoor air basement samples collected at the three properties did not detect PCE or TCE above the April sub vapor sampling laboratory reporting limits. PCE and TCE were not Several property owners from the Site investigation area detected in the first floor samples or the outdoor samples contacted the City requesting their property to be collected from two separate locations. I sampled. The City coordinated with MPCA to select 15 Minnesow PolluUon 57` and Logan Vapor Study September 2008 tonc►oi ac�ency pa9e 2 The vapor investigations conducted between April and The two outdoor air samples did detect several other July have confirmed that the overall risks posed by the VOCs, the majority of which are commonly associated Site compounds of concern appear to be low. Sampling with petroleum fuels and are common to urban areas. is needed at additional properties to complete the vapor investigation and reach conclusions regarding the STS prepared a report summarizing their investigation potential need for mitigation. results dated June 24, 2008, which can be found at: www.nca.state.mn.us/cleanuo/sites/index.html luly 2008 sub vapor sampling After review of the results of the sampling of the 21 aacn,i��.N properties, the MPCA recommended additional sampling for vapor risks, based on the detections of PCE and TCE :ro. in sub-slab samples and from the earlier ground water b� a ry�♦ and subsurface soil gas investigations. Letter requests for 57th �wnuy N sub-slab sampling access of additional homes were Btookv(ewDrive mailed by the City to 26 properties on July 2, 2008. 6ltA�►venuf N Tetra Tech sampled five of the 26 properties on July 19, Z �Z JZ 2 2008. PCE or TCE was identified in the sub-slab 3 3� samples but at levels below screening criteria. Based on s these results no further sampling or action is planned at s A these five properties at this time. Y E" Figure 1: Locatan of Sub-Slab Vapor Sampling Locations Interim Conclusions of the Investigation s PCE and TCE were not detcdcd in sub-sl� sampk A total of 27 sub-slab sampling properties have been sampled. Figure 1 illustrates the location of the Site, the PCE ar TCE wete no: detected m wb-slaD sartmple aDOVe screen�ng level approximate extent of ground water contamination, and provides a graphic summary of the sub-slab sampling �E or TCE detected in su�sl� greater than screeni�g kvel results. The presence of PCE and TCE in the ground water and vapor in the sub-slab samples indicates that ��u^ate extent of yround water contaminatpn both are compounds of potential vapor intrusion concern. The sampling did not detect PCE or TCE in the Next Steps indoor air of the three homes that were tested. Ongoing Site Investigation The indoor air and the outdoor air sampling results lead The next steps are for the MPCA Site Assessment the MPCA to conclude that PCE and TCE are the Program to continue Site investigation activities primary compounds originating from the Site releases including additional sub-slab sampling near properties that pose a potential risk of vapor intrusion. where PCE and TCE have been detected in sub-slab In addition to the two primary compounds of concern, samples. The MPCA contractor, STS, will be conducting two additional chlorinated solvents, trichloroethane and this additional sub-slab sampling and follow-up indoor dichloroethane, were detected in sub-slab samples at a air sampling, if the sub-slab sampling results exceed small number of properties, below their sub-slab screening levels. The MPCA is also planning to conduct screening criteria. Trichloroethane was identified in the additional ground water characterization and subsurface indoor air of one property far below the indoor air soil vapor sampling within the investigation area. screening level. After additional sub-slab and indoor air sampling is conducted, the results will be evaluated and a public Minnesow Pollutlor� 57'" and Logan Vapor Study September 2008 C�+trol Agency page 3 meeting held to discuss the results with the community. An announcement for the next public meeting will be Additional Information made approximately three weeks in advance. The MPCA Minnesota Pollution Control Agency will notify the residents through a public mailing and put Dave Moore, project leader, Site Assessment Program a public notice in the local newspapers. The next public 651-296-7397, da�id.moore@pca.state.mn.us meeting is tentatively scheduled to be during the fall of Dave Scheer, hydrogeologist, Site Assessment Program 2008. 651-296-6630, dave.scheer@pca.state.mn.us Soil and Ground Water Remediation Minnesota Department of Health The MPCA Site Assessment Program has contracted to J�es Kelly, 651-201-4910, james.kelly@ state.mn.us install a soil vapor extraction (SVE) system at the Tannie Eshenaur, 651-201-4873, location of the former dry cleaner in order to begin tannie.eshenaur@ state.mn.us remediation of the ground water and to remove residual soil contamination. SVE technology involves the use of City of Brooklyn Center a vacuum applied on wells that are set in the soils above Tom Bublitz, city development specialist, the water table that will remove VOCs from the soil and �63-569-3433, tbublitz@ci.brooklyn-center.mn.us help clean up the underlying ground water. The SVE system is tentatively scheduled to be installed at the Site in mid- to late-September and it is anticipated to begin Information about the Site and recent Site reports by the operation in October. City are available at the City of Brooklyn Center web site (following the links for 57`�' and Logan Soil Vapor Vapor Mitigation Study): www.cityofUrooklyncenter.org/ If homes have exceeded indoor air levels of PCE or All documents submitted to the MPCA pertaining to the TCE, the City and/or the MPCA will provide a vapor mitigation system at no cost to the residential property Site are kept at: MPCA, 520 Lafayette Drive, St. Paul, owner. The mitigation system recommended is the same Minnesota 55155. as a system used for radon. The typical system collects The City has established a repository of Site documents vapors from beneath the slab of the home from a PVC at the Minnesota Room of the Hennepin County pipe installed in a small opening in the slab, which Brookdale Area Library located at 6125 Shingle Creek allows the vapors to pass through the pipe vertically Parkway. through the roof where it is safely vented to the atmosphere. These systems utilize a small fan that is For more information on vapor intrusion: installed in the pipe. www.health.state.mn.us/divs/eh/hazardous/tonics/vaporintrusi on.pdf Minnesou Pollutlon 57� and Logan Vapor Study September 2008 tontrol Agency page 4 Soil Vapor Extraction Fact Sheet Minnesota Pollution �011tl'O� Remediation August 2008 Agenty oil Vapor Extraction (SVE) is a connected to vacuum pumps. When soil vapors technology used to remove are removed from the ground, VOCs are contaminants from the soil in the area captured and treated to assure protection of between the ground surface and the human health and the environment. water table. As the name suggests, SVE removes contaminants from the soil in vapor SVE systems are easy to install, can be used form, making it an ideal cleanup technology for with other cleanup technologies, and are VOCs (volatile organic compounds). Soil vapor effective under a variety of site conditions. is vacuumed out of the ground through SVE does not require digging up contaminated extraction wells. These wells are like slotted soils; soil vapors extracted using SVE usually straws and are installed in holes drilled through require treatment, but costs for treating the vadose zone, the portion of the ground extracted vapors are low compared to costs for below the surface and above the water table. digging up and treating soil. Additionally, SVE prevents contaminants from migrating to the The number of extraction wells depends on site groundwater cleaning up contaminated conditions such as the amount of contamination groundwater is more time consuming and and the type of soil. SVE is most effective in costly. loose soils, such as sand and gravel, because soil vapor moves quickly through the large Contact Information spaces between the soil particles. In tight soils, Dave Scheer, hydrogeologist such as silt and clay, SVE systems must operate Minnesota Pollution Control Agency longer to get ma�cimum results. Extraction 651-296-6630 wells are connected together using above- or dave.scheer@state.mn.us below-ground pipelines, and these networks are v.n.w, V�pa Trertme� .J i:i:i:i: i�r�:-`r�r; ��rr�:�+�r�r:i:r��rj}:.�'.�::rjrjr;. .:{�'.::.:�.:{:..L:.l.;l•.'.�._ .Li;`.Li:�.;�.:�.;•.. :1�. r /iQ4S! ZOn! :;.,;..;t; =0.: :y 1 y l"=t ':1�. �'l �.�,lllf}fi}If13Vl� '•f�.°�.•..•..':J��, .i�P�r�i:.' ;1�. �P�� p�V(ile f. '1 1 i l .s{:::�,i�;�::L;t{�.::C.;:'.:;C:tit :;:ti �;?,f�::::{•.f:{:.:.:�,i:;�' S Ylu/1[i, ZOh! `i�' r r r ti r f 4:{.{ti'r4;�rL?�',�S{;'{ti��{{:�." .:f: t l i .'J�J�...:.,••..'•. f �f 4 4*4 l•4�Sr1 �r� �f t M' f. f.. e! I. .f.f.. a *J.., .f.; ..f ^J.J ��J�:. J Minnesota Pollution Control Agency 520 Lafayette Rd. N., St. Paul, MN 55155-4194 www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 Available in alternative formats Work Session Agenda Item No. 2 MEMORANDUM COUNCIL WORK SESSION DATE: November 6, 2008 TO: Brooklyn Center City Council FROM: Curt Boganey, City Man SUBJECT: Joint Powers Agreement-Brooklyn Bridge Alliance Update COUNCIL ACTION REQUIRED BACKGROUND The majority of the City Council previously agreed to consider adoption of the subject Joint Paivers Agreement. Subsequent to that decision, some potential members of tl�e JPA requested modifications to the agreement. At the October 9 worksession the majority consensus was to discuss the agreement when the amended language was presented. I have enclosed a copy of the revised Joint Powers Agreement for your review. COUNCIL POLICY ISSUES Will participation in the JPA as provided help the Council achieve it mission and goals for the City? Is participation in the JPA a reasonable and cost beneficial alternative for achieving the goals of youth development? THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH A JOINT POWERS AGREEMENT I The parties to this Agreement are Hennepin County, the City of Brooklyn Center, City of Brooklyn Park, Anoka-Hennepin School District, Brooklyn Center School District, Osseo School District, Robbinsdale School District, Hennepin Technical College and North Hennepin M Community College, all of which are governmental units withm the ��,nnesota. This A reement is made ursuant to Minnesota Statutes, Section 471 5 g P E� 9�. ARTICLE I. GENERAL PURPOSE �'�T�. The general purpose of this Agreement is to create an organization t�� Brooklyn Bridge Alliance for Youth" (hereafter referred to as the Alliance} through which the parties may n coo erativel create a commun� _.`�v�de vision for ositive outh development that jointly a d p y t�� p Y will focus on developing a detailed action p��, tQ� ��1��tte� communicate and collaborate in positive youth development for �1 youth in Brooklyn C��er and Brooklyn Park. The organization would concentrate on e�uraging comr�,; rtnerships that would improve the factors building positive outh deve��rnent and diminish or eliminate influences that limrt healthy youth development� organi�tion would serve as a formal structure to assemble n:� permanent Coalition(s) for Youth tha I��e responsible for implementing this action plan. ARTICLE��. PARTIES �ction The governmental units within the State of Minnesota eligible to become �n ar��,to this. eement are Henne in Coun the Ci of Brooklyn Center, the City of P P t Y Brookl �r�, Anoka� School District, Brooklyn Center School District, Osseo School District, Ro "��nsdale Schooi District, Hennepin Technical Co(lege, North Hennepin Community College and suc�fi��ther governmental units, sharing common concerns, which may be designated by the Alliance organizationai committee. Section 2. Any governmental unit desiring to enter into this Agreement may do so by the duly authorized execution of a copy of this Agreement by its proper officers. Thereupon, the clerk or other corresponding officer of the governmental unit shall file a duly executed copy of the Agreement, together with a certified copy of the authorizing resolution or other action, with the fiscal agent. I ARTICLE III. MEETINGS, ELECTIONS, AND DUTIES OF COMMITTEE MEMBERS Section l. The City of Brooklyn Park agrees to convene the organizational meetings of The Alliance and act as the fiscal agent unless otherwise specified by the organizational committee Section 2. Each pariy to this agreement may designate two individuals and one alternate to attend the organizational committee meetings of The Alliance. Hennepin County shall have two additional members, one each from the Brooklyn Park and Brooklyn Center libraries. The cities of Brooklyn Center and Brooklyn Park shall each have two additionai members, one from each city's police department and one from each city's parks and recreation department. Each party shall also be entitled to one alternate member, who shall be entitled to attend meetings of the Board in the absence of one of the party's two members Section 3. At the first organizational committee i��e'�tng of The Alliance, the committee shall elect from its members a chair and vice chair a, �-chatrs ,�ie new officers shall take office for a period of one year after the date on which they �re��l�e ,°`d. An o f��cer may serve only while a member of organization committee. Section 4. At the first organizational meeting, or as soon the��er as may reasonably be done, the committee shall determine its ��'�cedures, including the time, place, and frequency of its meetings.. ��y ARTICLE VI. WITH�RAWAL Section 1. member party may at any time give written notice of withdrawal from The Alliance. z ��2� ARTICLE VII. DISS�°I.�[TTION Section 1. The or�a��fon shall be dissolved whenever (a) aggregate withdrawals of member parties representing more than one-half of the area population occurs, or (b) by a majority vote of all members of The Alliance. Section 2. Upon dissolution, the remaining assets of the organization, after payment of all obligations, shall be distributed among the parties as determined by the committee. ARTICLE VIII. DURATION This Agreement shall continue in effect for a period of two years unless an Agreement extension is agreed upon by the parties. ARTICLE IX. EFFECTIVE DATE. This Agreement shall become effective upon its execution by the parties hereta EXCERPT FROM OCTOBER 13 WORKSESSION MINUTES Mr. Boganey stated on Tuesday, October 7, 2008, there was a meeting of the potential partners in the Brooklyn Bridge Alliance Joint Powers Agreement (JPA). Several of the school districts indicated support of the agreement, but stated their legal staff had technical questions concerning the language of Article IV and how that language might affect the School Board authority and responsibilities to expend funds and enter into contracts. The attorneys will be preparing other language to address these concerns. Mr. Boganey noted at the last work session there were questions raised about how the proposed JPA would affect City staf£ He stated the expectation of himself, the Police Chief, and the Recreation Director is that in serving on these boards and being part of this collaborative, the expected benefits would justify the amount of time they would anticipate putting in to the collaborative. It is anticipated that Brooklyn Center's organization, which consists of the Brooklyn Center school districts, social service agencies, community education and others, would become an adjunct to this broader group. The two individual Brooklyn Center and Brooklyn Park organizations would need to develop a means of communication and cooperation so that when the Board of Directors meets quarterly they can speak with a single voice. It was questioned how_the_collaborative would fit into the City's goal_s. Mr. Boganey stated the expected benefit is multifold. He provided an overview of the following expected benefits of the JPA: Provide direct linkage to youth needs in the community, including how the government can respond to the needs of youth based on what youth are saying: Produce more beneficial outlets for youth in the community with the ability to get to various activities and programs in the two cities. The purpose of this Board of Directors is to look for solutions, including grants and other methods of engaging the business community to fill gaps so that they have enhanced services and opporiunities for youth to be more productively engaged in the community. Development of civic responsibility to give young people an opportunity to be active citizens engaged in the governmental process. The majority consensus of the City Council was to discuss the Brooklyn Bridge Alliance JPA further when the amended language is presented. City of Brooklyn Center A Millennium Cornmunity MEMORANDUM COUNCIL WORK SESSION DATE: October 9, 2008 TO: Brooldyn Center City Council FROM: Curt Baganey, City M��'�,r SUBTECT: Joint Powers Agreement-Brooklyn Bridge Alliance Update COUNCIL ACTION REQUIRED At the last meeting the Cou.n.cil did direct that we place the subject Joint Powers Agreement on the regular agenda for consideration. It is still our intent to do so. BACKGROUND �n '�'uesday tliere was meeting of the potential partners in the JPA. Several of the school districts indicated support of the agreement, but sta.ted that their legal staff had technical questions concerning the language of Article N and how that language might affect the School Boards authority and responsibilities to expend funds and enter into contracts. It is my understa.nding that new language is being developed to address these concems. When the final language has been provided we will place this item on the Gouncil agenda for consideration. I u.nderstand that at the last Council worksession, other questions were raised about the agreement and the program itself. I will be glad to address any remaining questions at the worksession as we1L COUNCIL POLICY ISSUES jpa boorklyn bridge 10-13-08.doc 63D1 Shingle Creek Parkway Recreatiorc and Community Center Phone TDD Number Broohlyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (7S3) 569-3300 EAX (763) 569-3434 FAX (763) 569-3494 www. cityo fb rooklyncenter. org THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH A JOINT POWERS AGREEMENT The parties to this Agreement aze Hennepin County, the,City� Broolclyn Center, City of Brookl Park Anoka-Henne in School District Brookl �eritei �c�ho,ol District, Osseo School Yn P Yn. District, Robbinsdale School District, Hennepin Technical College;;;;.;;aud North Herinepin Community College, all of which are governmenta.l units within the State'�. f r'Minnesota. 'This Agreement is made pursuant to Minnesota Statutes, Section 471.59. A.RTICLE I� GENERAL FUI�P-OSF�'� The general purpose of this Agreement'is,,to create an organization titled "The Brooklyn Bridge Alliance for Youth" (hereafter referred to as the`Alliance} through which the parties may jointly and cooperatively create a commun`�ty.�wi�i �`vis o�or�ositive youth development that will focus on developing a detailed action p�an:.�o cooperate, communicate and collaborate in positive youth development for all youth in' Bxooklyn Center and Brooklyn Park. The organization would concentrate on encouraging co�mmunity partnerships that would improve the factors b�dmg posrt�,ve youth development and diminish or eliminate influences that limit r� �L healtliy::..youth development. The organization would serve as a formal structure to assemble perm ne�f Coalition(s) for`��onth that would be responsible for implementing this action plan. lr ARTICLE II�� TIESf! Section 1. e units within the State of Minnesota eligible to become parties to this Agreement are Hennepin County, the City of Brooklyn Center, the City of Brooklyn Park, Anoka-Hennepin School District, Brooklyn Center School District, Osseo School District, Robbinsdale School District, Hennepin Technical College, North Hennepin Community College and such other governmental units, sharing common concerns, which may be designated by the Alliance Board of Directors. Section 2. Any governmental unit desiring to enter into this Agreement may do so by the duly authorized execution of a copy of this Agreement by its proper officers. Thereupon, the s clerk or other corresponding off'icer of the govemmental unit shall file a duly executed copy of the Agreement, together with a certified copy of the authorizing resolution or other action, with the Board of Directors. The resolution authorizing the execution of the Agreement shall also designate the first directors and altemate director. ARTICLE III. BOARD OF DIltECTORS Section 1. The governing and policy-making responsibilities of The Alliance shall be vested in its Board of Directors (the Board), which shall control its property, be responsible for its finances, and direct its administrative affairs. Section 2. Each parly shall be entitled to two directors, (one elected official and one top- level staff, or two top-level staff, depending on the strue,ture of each pariy's organization) who ff shall have one vote each. Hennepin County shall ha��wo additional members, one each from the Brooklyn Park and Brooklyn Center libraries ��'he cities of-�Brooklyn Center and Brooklyn 7 f c Park shall eacli have two additional members, one from each g ty s police deparhnent and one frorn each cit�'s parks and recreation deparlment� h�;parry shall also be entitled to one alternate direetor, who shall be entitled to attend meetings o�e but may only vote in the absence of one of the party's two directors. Section 3. The twg �irectors and one alternate director shall be appointed by resolution of the governing bodyF of each party �When the governing party of a body appoints a director or alternate director, i� shall give noh� ce to The Alliance of such appointxnent in writing with a certified copy of the reso ution,malc�xig appo�niment. The two directors and alternate director }'�..r 5�w l�':.i: serve at the pleasure of the 'goveming body of the appointed party. Finally, the f.wo directors and alternate director of each party sl�all�be appointed to serve until their successors are appointed and E qualified. Section 4. The two directors and alternate director of each party shall not receive any compensation from The Alliance for their services. Section 5. There sha.11 be no voting by proxy; the two directors or alternate director must cast all votes in person at the Board meetings. Section 6. A majority of the votes attributable to the parties constitutes a quorum of the Board. Section 7. The Board by simple majority vote may designate ex-officio member(s) who are recommended by each city's Coalition for Youth and Youth Council as appropriate candidates to serve. These ex-officio members shall be entitled to attend and participate in the meetings as liaisons, but shall not be entitled to vote. ARTICLE N. POWERS AND DUTIES OF THE BOARD Section 1. The powers and duties of the Boaxd shall include the powers set forth in this Article. Section 2. The Board may appoint a coordinator, who shall perform the duties and responsibilities assigned by the Board and whose compensation shall be fixed by the Board. Section 3. The Board may enter in such contracts as necessary to carry out the general purposes of this organization. No contract on behalf of the organiza�on may be entered into or f� executed until the Board has approved such action by simple ma}�nty vote. The Board may authorize any officer or officers, agent or agents, to enter mto�a contraGt�or execute and deliver an �'r. instrumenfi in the name of and on behalf of the organization Section 4. The Board may establish an annual budget. It may invest:�or� funds not needed for current operating expenses, if any, in the manner applicable by laws�to�1 he city of its office location. It shall not at any time incur obligations in excess of funds then available to it. Organization funds may be expended by�,the Board in accordance with procedure established by laws for the expenditure of funds by the `s.tatutQry� city. Orders, checks, and drafts shall be signed 5� by the chair and countersigned by the vice�chau Oth�r legal instruments shall be executed on behalf of the Board by the chair and vice chair.��'' Y ``'�wr� Section 5. The Board shall make a f'�.`ancial accounting and report to the parties at least once each year and its books and records shall be;�andited annually and be available for and open to examination by the parties at all reasonable time��: Sectt'on 6;.'The Board may accept gifts, apply for and use grants of money or other proper[y�;�'rom the St`a�te �of Minnesota, Hennepin County, or any other govemmental or private 5;r organizafic�ns, and may enter uito agreements required in connection therewith and may hold, use and dispose 'o such monies�o�properly in accordance with the terms of the gift, grant, loan, or agreement relafa�g, hereto,r` Section 7�I�he�Board may indemnify directors, officers, and employees against claims far damages, costs, and expenses incurred by any of such persons in connection with any action, suit or proceeding in which he or she may be involved by reason of his or her having been a director, officer, or employee and may obtain liability insurance therefore. Such indemnification need not be exclusive of other rights to which any such person would otherwise be entitled as a matter of law. Section 8. The Board may appoint such committees as it deems necessary. The committees so appointed may include non-Board members, but must include at least one member of The Board. Section 9. The Board shall have the power to adopt such by-laws that it may deem necessary or desirable for the conduct of the business of The Board. Such by-laws shall be consistent with this Agreement and any applicable laws or regulations. Section 10. The Board may hold only such property as may be required to accomplish the putposes of this Agreement and upon temlination of tlus Agreeme t, make distribution of -r::� such property as is provided for in this Agreement. �'r�'-' Section 11. The Board ma exercise an other oyV,t essary and incidental to the Y Y P,, implementation of its powers and duties under the provisions of this Agr ..ment. ARTICLE V. MEETINGS, ELECTIONS, AND DUTIES OF OFFICERS�`'�,�T.F Section 1. The City of Brooklyn Park agrees to convene the organizatio aI meetings of The Alliance and act as the fiscal agent u�less otherwise specified by the Boazd. Section 2. At the first meehng�'o�'t $oard of Directors of The Alliance, the Board shall elect from its members a cha.ir and vice clia�r,�or co-c airs.,�The new officers shall take office for a Y i r period of one year after the date on which�the,y ar`e elected may serve only while a j�' ,�r member of The Board. A vacancy in an office:sliall be filled from the membership of The Board by election for the remainder of the unexpired terrn�for such office. The Board shall also appoint a secretary to record notes at the meeting and�`'d�islnbute those minutes to all the members follo F m eting: Se�tion 3�A organizational meeting, or as soon thereafter as may reasonably be .l done; the Board shall deterriiine its procedures, including the time, place, frequency, and notice of i its regular�me�tings and the m;'anner of calling special meetings. Section�4�A vacan y shall immediately occur in the office of any officer upon h resignation or deatli-�or�:':otherwise upon such officer ceasing to be a representative of a �;:,:,;:cc.: overnmental unit- U�``o� acanc occurrin in an office, the Board shall fill such osition at its g P� Y g Y P next meeting. ARTICLE VI. WIT�RAWAL Section 1. Any member pariy may at any time give written notice of withtlrawal from The Alliance. A party withdrawing from membership at a time when such withdrawal does not result in dissolution of the organizatian shall forfeit its claim to any assets of the organization. i ARTICLE VII. DISSOLUTION Section 1. The organization shall be dissolved whenever (a) aggregate withdrawals of member parties representing more than one-half of the area population occurs, or (b) by a majority vote of all members of the Board. Section 2. Upon dissolution, the remaining assets of the organization, after payment of all obligations, shall be distributed among the parties as determined by the Board. ARTICLE VIII. DURATION This Agreement shall continue in effect for a period of two years unless an Agreement extension is agreed upon by the parties. ARTICLE IX. EFFECTIVE DATE. '�u This Agreement shall become effective upon�s execut%o 'by the parties hereta ..�1 �'x: .:rl�-'�� i i� f� f ��1�!„ l t f F a" i 4,��' `i�l;t" Work Session A enda Item No. 3 g There are no materials for this item.