Loading...
HomeMy WebLinkAbout2007 12-10 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION December 10, 2007 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 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn �i CITY COUNCIL MEETING City of Brooklyn Center December 10, 2007 AGENDA 1. 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 clarification 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 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. 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. Approval of Minutes 1. November 26, 2007 Study Session 2. November 26, 2007 Regular Session 3. November 26, 2007 Work Session 4. December 3, 2007 Truth in Taxation Hearing 5. December 3, 2007 Special Session b. Licenses 8. Presentations/Proclamations/Recognitions/Donations None CITY COUNCIL AGENDA -2- December 10, 2007 9. Public Hearing a. An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding Area Learning Centers (ALC) —This item was first read on October 8, 2007, tabled to November 13, 2007, at which time the City Council approved first reading; published in the official newspaper on November 22, 2007; and is offered this evening for second reading and Public Hearing. •Requested Council Action: —Motion to open the Public Hearing. —Take public input. —Motion to close the Public Hearing. —Motion to adopt ordinance. b. Consideration of 2008 Budget •Requested Council Action: —Motion to open the Public Hearing. —Take public input. —Motion to close the Public Hearing. 1. Resolution Approving a Final Tax Capacity Levy for the General Fund and Debt Service Funds and Market Value Tax Levies for Debt Service and the Housing and Redevelopment Authority for 2008 •Requested Council Action: —Motion to adopt resolution. 2. Resolution Establishing a Final Market Value Levy for the Purpose of Defraying the Cost of Operation, Providing Informational Services and Relocation Assistance Pursuant to the Provisions of Minnesota Statutes Chapter 469.033 for the City of Brooklyn Center Housing and Redevelopment Authority for Fiscal Year 2008 •Requested Council Action: —Motion to adopt resolution. 3. Resolution Adopting the 2008 General Fund Budget •Requested Council Action: Motion to adopt resolution. 4. Resolution Adopting the 2008 Special Revenue Fund Budgets •Requested Council Action: —Motion to adopt resolution. 5. Resolution Adopting the 2008 Debt Service Fund Budgets •Requested Council Action: —Motion to adopt resolution. 6. Resolution Adopting the 2008 Capital Project Fund Budgets •Requested Council Action: —Motion to adopt resolution. 7. Resolution Adopting the 2008 Enterprise Fund Budgets •Requested Council Action: Motion to adopt resolution. 8. Resolution Adopting the 2008 Public Utility Fund Budgets CITY COUNCIL AGENDA -3- December 10, 2007 •Requested Council Action: —Motion to adopt resolution. 9. Resolution Adopting the 2008 Iriternal Service Fund Budgets •Requested Council Action: Motion to adopt resolution. 10. Planning Commission Items None 11. Council Consideration Items a. Mayoral Appointment Planning Commission —Motion to ratify Mayoral nomination. b. Mayoral Reappointments to City Advisory Commissions •Requested Council Action: —Motion to ratify Mayoral reappointments. c. Nomination of Candidate for Election to the Visit Minneapolis North Board of Directors •Requested Council Action: —Motion to nominate a candidate for election to the Visit Minneapolis North Board of Directors. d. Resolution Setting 2008 Employer Benefits Contribution for Full-Time Non-Union Employees •Requested Council Action: —Motion to adopt resolution. e. Resolution Approving the Memorandum of Understanding for Local 49 (Public Works Maintenance) and the City of Brooklyn Center for 2008 Insurance Contribution •Requested Council Action: —Motion to adopt resolution. f. Resolution Setting Salaries for Calendar Year 2008 •Requested Council Action: —Motion to adopt resolution. g. Resolution Establishing the Interest Rate for 2008 Special Assessments •Requested Council Action: —Motion to adopt resolution. h. Resolution Adopting Capital Improvement Program •Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -4- December 10, 2007 i. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 2006-05, 06, 07 and 08, Contract 2006-B, Humboldt Avenue and Earle Brown Drive Street and Utility Improvements •Requested Council Action: -Motion to adopt resolution. j. Resolution Adopting a"Request for Proposal" Document for Providing Professional Audit Services •Requested Council Action: —Motion to adopt resolution. k. Resolution Making Findings of Fact and Order Relating to Center Pointe Apartments •Requested Council Action: —Motion to adopt resolution. 12. Adjournment �r,�- i ��'11. r �d/� l �t c�-vZ�' -��`�"J Y 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 NOVEMBER 26, 2007 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 Cauncilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal Support Services Dan Jordet, Public Works Director/City Engineer Todd Blomstrom, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron Warren, and Deputy City Clerk Camille Worley. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Couricilmember Lasman requested the following change to the Work Session minutes of November 13, 2407: Pa�e 1 Mr. Boganey discussed the Shingle Creek Visioning Study and explained that the City was approached by Hennepin County who was interested in studvin� davli�htin� the creek and wa�s to create amenities around or near it. He stated a study was done and brought to the City that would have required the owners of Brookdale Mall to allow the creek which goes under the parking lot to be opened up and day lighted to provide opportunity for new development in the area. He explained that the owners of the mall have previously expressed disinterest in the concept. It was the majority consensus of the CiTy Council to accept the amendment to the November 13, 2�g7, Work Session minutes. Councilmember Yelich requested that Consent Agenda Item No. 7b be placed under Council Consideration Item No. 1 ld. There was discussion on the ACH Service Charges included in the Resolution Adopting 2008 Water Utility Rates, Fees and Charges including the number of subscribers and the costs of processing checks. The opinion was expressed that the City should absorb the ACH Service charge and not charge customers the service fee. 11 /26/07 -1- DR.AFT The majority of the City Council expressed that the service fee of $.50 should be passed on to the customer and not absorbed by the City. It was the majority consensus of the City Council to amend the Resolution to delete the ACH serv�ce charge until it is further considered by the City Council. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 11/26/07 -2- DR.AFT Office of the City Clerk Cit o Brookl n Center y f y A Millennium Community MEMORANDUM TO: Curt Boganey, City Manager FROM: Camille Worley, Deputy City Clerk �tiI�,P DATE: December 10, 2007 SUBJECT: COLTNCILMEMBER YELICH: Requested Change to Minutes Councilmember Yelich requested the following change to the Work Session minutes of November 26, 2007: Pa�e 1 Councilmember Yelich displayed graphs on crime statistics and stated the City needs to make crime reduction a priority in 2008. The data su��ests a si�nificant correlation between concentrations of criminals livine in first and second rin� Minneabolis suburbs and the Part I crime rates. He su��ested this information be used to helb formulate a comprehensive crime reduction strate�v. He discussed the tie between criminals living in Brooklyn Center and the crime statistics of Brooklyn Center. He stated the information indicates that 3% of the Brooklyn Center population is probationers. There was discussion on the strategy of crime reduction. There was discussion on forming a Crime Reduction Task Force. Other crime reduction efforts already being used were discussed. There was discussion on applying the 12-913 Ordinance to single family rental licenses. (�ee� indicates matter to be deleted, underline indicates new matter.) 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityo fbrooklyncenter.org Camille Worley From: Curt Boganey Sent: Monday, December 10, 2007 12:15 PM To: Sharon Knutson Cc: Camille Worley Subject: FW: Change to Nov 26, 2007 Work Session Minutes Proposed minute changes. From: Mark Yelich Sent: Monday, December 10, 2007 8:35 AM To: Curt Boganey Subject: Change to Nov 26, 2007 Work Session Minutes Under Crime Reduction Strategy section, I request the first paragraph be chanaed to more clearly and accurately reflect the essential content of the work session topic. Councilmember Yelich displayed graphs on crime statistics and stated the City needs to make crime reduction a major priority in 2008. The data suaaests a sianificant correlation between concentrations of criminals livina in first and second rina Minneanolis suburbs and the Part I crime rates. He suaaested this information be used to helo formulate a comorehensive crime reduction strateav. He discussed the tie between criminals living in Brooklyn Center and the crime statistics of Brooklyn Center. He stated the information indicates that 3% of the Brooklyn Center population is probationers. plesase create new paragraph here There was discussion on the strategy of crime reduction. There was discussion on forming a Crime Reduction Task Force. Other crime reduction efforts already being used were discuessed. There was discussion on applying the 12-913 Ordinance to single family rental licenses. Respectfully, Mark Yelich Brooklyn Center City Council 763-486-6001 Winds of change are helpful when there are leaders to trim the sails! 1 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 STUDY SESSION NOVEMBER 26, 2007 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, Director of Fiscal Support Services Dan Jordet, Public Works Director/City Engineer Todd Blomstrom, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron Warren, and Deputy City Clerk Camille Worley. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lasman requested the following change to the Work Session minutes of November 13, 2007: Pa�e 1 Mr. Boganey discussed the Shingle Creek Visioning Study and explained that the City was approached by Hennepin County who was interested in studvin� davli�htin� the creek and wavs to create amenities around or near it. He stated a study was done and brought to the City that would have required the owners of Brookdale Mall to allow the creek which goes under the parking lot to be opened up and day lighted to provide opportunity for new development in the area. He explained that the owners of the mall have previously expressed disinterest in the concept. It was the majority consensus of the City Council to accept the amendment to the November 13, 2997, Work Session minutes. Councilmember Yelich requested that Consent Agenda Item No. 7b be placed under Council Consideration Item No. 11 d. There was discussion on the ACH Service Charges included in the Resolution Adopting 2008 Water Utility Rates, Fees and Charges including the number of subscribers and the costs of processing checks. The opinion was expressed that the City should absorb the ACH Service charge and not charge customers the service fee. 11 /26/07 -1- DRAFT The majority of the City Council expressed that the service fee of $.50 should be passed on to the customer and not absorbed by the City. It was the majority consensus of the City Council to amend the Resolution to delete the ACH service charge until it is further considered by the City Council. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 11 /26/07 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 26, 2007 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Allan Hancock, 5520 Fremont Ave, discussed environmental effects of Global Warming as discussed at a seminar he attended. He distributed information for the City Council. He suggested that encouragement of local drinking water vs. bottled water be included in the quarterly City Newsletter. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:53 p.m. Motion passed unanimously. It was the majority consensus of the City Council to include information from Mr. Hancock in a future City Newsletter. 2. 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. 3. INVOCATION The Brooklyn Center Boy Scout Troop #401 provided a Color Guard Presentation in lieu of the Invocation. 4. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 11 /26/07 -1- DRAFT 5. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. 6. COUNCIL REPORT Councilmember Ryan stated in the interest of time, he had nothing to report. Councilmember Lasman reported attending the Embassy Suites Hotel Ground Breaking on November 16, 2007. Councilmember Yelich stated he had nothing to report. Councilmember O'Connor reported attending the Cable Commission meeting, Earle Brown Days Board of Directors meeting, and the Park and Recreation Commission meeting. Mayor Willson reported presenting a Proclamation, prepared in June, to the Eagle Scouts. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember O'Connor seconded to approve the Agenda and Consent Agenda, as amended, with the removal of Item No. 7b from the Consent Agenda to Regular Agenda Item No. llc, with amendments to the Work Session minutes of November 13, 2007, and the following consent item was approved: 7a. APPROVAL OF MINUTES 1. November 13, 200? Study Session 2. November 13, 2007 Regular Session 3. November 13, 2007 Work Session 4. November 19, 2007 Budget Work Session with Financial Commission Motion passed unanimously. 8. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS None 9. PUBLIC HEARING None 10. PLANNING COMMISSION ITEMS 10a. PLANNING COMMISSION APPLICATION NO. 2007-017 SUBMITTED BY LINDA MCGINTY ON BEHALF OF THE LUTHER COMPANIES. REQUEST FOR SPECIAL USE PERMIT APPROVAL FOR AN OFF-SITE OR REMOTE PARKING FACILITY AT 4435 68TH AVENUE NORTH, FOR THE STORAGE OF VEHICLE INVENTORY RELATED TO THE LUTHER CAR DEALERSHIPS IN THE AREA. 11i26/07 -2- DRAFT THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS NOVEMBER 15, 2007, MEETING. Planning and Zoning Specialist Ron Warren introduced the item and discussed information presented in the Staff Report. Councilmember Lasman moved and Councilmember Yelich seconded to approve Planning Commission Application No. 2007-017 subject to the following conditions recommended by the Planning Commission: l. A special use permit is granted for off-site accessory parking, storage of vehicle inventory and vehicle fueling associated with the Luther automobile dealerships in the immediate area. No sales or servicing of vehicles, other than fueling, is permitted on this off-site lot at 4435 68�' Avenue North. 2. All vehicle parking and storage shall be confined to the building on the premises or improved asphalt areas on the site. 3. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violation, thereof, may be grounds for revocation. 4. The applicant shall apply for and be issued a Certificate of Occupancy and be required to comply with any applicable building code regulations as approved by the Building Official. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS lla. 2008 CITY COUNCIL MEETING SCHEDULE The June 3, 2007 Work Session with Auditor and Budget Work Session with the Financial Commission was corrected to June 2, 2007. Councilmember Lasman moved and Councilmember O'Connor seconded to adopt 2008 City Council meeting schedule. Motion passed unanimously. llb. RESOLUTION NO. 2007-139 EXPRESSING RECOGNITION AND APPRECIATION OF KIMBERLEY MEYER FOR HER PUBLIC SERVICE ON THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Willson read the resolution in its entirety. The following amendment was made to the resolution: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Kimberley Meyer is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting e��ess�g 11/26/07 -3- DRAFT exnression of gratitude for the leadership and service she has rendered to the citizens of Brooklyn Center. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2007-139 Expressing Recognition and Appreciation of Kimberley Meyer for Her Public Service on the Northwest Hennepin Human Services Council Advisory Commission. Motion passed unanimously. llc. 2008 UTILITY RATES 1. RESOLUTION NO. 2007-140 ADOPTING 2008 WATER UTILITY RATES, FEES AND CHARGES 2. RESOLUTION NO. 2007-141 ADOPTING 2008 SEWER UTILITY RATES, FEES AND CHARGES 3. RESOLUTION NO. 2007-142 ADOPTING 2008 STORM SEWER UTILITY RATES, FEES AND CHARGE5 4. RESOLUTION NO. 2007-143 ADOPTING 2008 STREET LIGHT RATES AND CHARGES 5. RESOLUTION NO. 2007-144 ESTABLISHING 2008 RECYCLING RATE City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolutions. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2007-140 Adopting 2008 Water Utility Rates, Fees and Charges, with the removal of the ACH Service Fee. The opinion was expressed that the City should not provide services such as ACH and stated the City should find ways to save money. Councilmember O' Connor voted against the same. Motion passed. Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2007-141 Adopting 2008 Sewer Utility Rates, Fees and Charges. Councilmember O'Connor voted against the same. Motion passed. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2007-142 Adopting 2008 Storm Sewer Utility Rates, Fees and Charges. Councilmember O'Connor voted against the same. Motion passed. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2007-143 Adopting 2008 Street Light Rates and Charges. Councilmember O'Connor voted against the same. Motion passed. Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2007-144 Establishing 2008 Recycling Rate. 11 /26/07 -4- DRAFT Councilmember O'Connor voted against the same. Motion passed. lld. LICENSES (Formerly Consent Agenda Item No. 7b) CHRISTMAS TREE SALES PQT Company (3245 Bass Lake Rd) 21050 Lake George Blvd NW, Oak Grove PQT Company (5040 Brooklyn Blvd) 21050 Lake George Blvd NW, Oak Grove MECHANICAL LICENSES Building Mechanical Systems 3845 43rd Ave S, Minneapolis SIGNHANGER Albrecht Sign Company, Inc. 12437 Magnolia Circle, Coon Rapids SignSource/Attracta 7660 Quattro Drive, Chanhassen RENTAL 2307-09 54th Ave N Robert Messersmith 1600 68th Lane Rafael Antonio Quintero 5338 Queen Ave N Robert Messersmith 7156 Unity Ave N Adetayo Dina 2318 SSth Ave N Helen Adaeze Osonowo 833 57th Ave N Bruce A. Goldberg 3006 65th Ave N Ivan Woyno 6718 Colfax Ave N Ken Fitzgerald Fountain 5245-47 Drew Ave N Sean O. Sander 6307 France Ave N Kpanah Seley 6813 Humboldt Ave #103 Robert Perri 6819 Humboldt Ave #303 Peter Freeland 5949 Xerxes Ave N Rosita Acosta Councilmember Yelich stated concern for the number of calls for service already generated for the property located at 5245-47 Drew Ave N. He stated concern for the quality of life for the neighbors and requested that the property be removed from the approval list. There was discussion on the removal of the property from the approval list where it was indicated that the number of calls for service does not violate the City Ordinance. Councilmember O'Connor moved and Councilmember Ryan seconded to approve the list of Licenses. Motion passed unanimously. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember O'Connor seconded adjournment of the City Council meeting at 7:47 p.m. Motion passed unanimously. 11/26/07 -5- 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 NOVEMBER 26, 2007 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7:48 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, Public Works Director/City Engineer Todd Blomstrom, Community Development Director Gary Eitel, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. CRIME REDUCTION STRATEGY COUNCILMEMBER YELICH Councilmember Yelich displayed graphs on crime statistics and stated the City needs to make crime reduction a priority in 2008. He discussed the tie between criminals living in Brooklyn Center and the crime statistics of Brooklyn Center. He stated the information indicates that 3% of the Brooklyn Center population is probationers. There was discussion on the strategy of crime reduction. There was discussion on forming a Crime Reduction Task Force. Other crime reduction efforts already being used were discussed. There was discussion on applying the 12-913 Ordinance to single family rental licenses. The opinion was expressed that crime reduction results will not be revealed overnight and the changes will take time to show. VISIT MINNEAPOLIS NORTH CITY REPRESENTATIVE Mr. Boganey discussed the City's right to appoint a person to the Visit Minneapolis North and the annual options as it relates to the appointee. He stated Myrna Kragness will continue to serve unless she is replaced. There was discussion of a City employee and a representative of Earle Brown Heritage Center serving on the committee. Councilmember O'Connor suggested nominating Judith Berglund as a voting member. AFRIFEST 2008 Mr. Boganey explained that the City can not accommodate the needs of the Afrifest 2008. It was the majority consensus of the City Council to respond that we are unable to accommodate them, however let them know of other amenities for smaller groups within the City. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan seconded adjoununent of the City CounciUEconomic Development Authority Work Session at 9:25 p.m. Motion passed unanimously. 11 /26/07 -1- 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 TRUTH IN TAXATION BUDGET HEARING DECEMBER 3, 2007 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met for the Truth in Taxation Budget Hearing called to order by Mayor Tim Willson at 7:00 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, Director of Fiscal and Support Services Dan Jordet, Community Development Director Gary Eitel, and Deputy City Clerk Camille Worley. PRESENTATION ON PROPOSED GENERAL FUND TAX LEVY AND GENERAL FUND BUDGET City Manager Curt Boganey presented a DVD distributed by the League of Minnesota Cities that provided an overview on property taxes. He explained the purpose of the meeting and presented a PowerPoint presentation that summarized the following: 2008 Budget Overview General Fund total $15,518,836 Compensation and Staffing including cost increases, additional employees and other funding sources for such Outcomes Expected Proposed Property Tax Levy 2007 Estimated Market Value Payable in 2008 2007 Assessment Tax Capacity in 2008 Property Type Breakdown Change in Median Residential Value 2008 Residential Property Tax Components -$193,800 Taxable Market Value Median General Fund Revenues Revenues by Source 2003-2008 Fiscal Years General Fund Revenues 2007 General Fund Revenues 2008 General Fund Expenditures Expenditure by Department 2003-2008 Fiscal Years General Fund Expenditures 2007 General Fund Expenditures 2008 Expenditures by Type 2003-2008 Fiscal Years 12/03/07 -1- DRAFT Expenditures by Type 2008 There was discussion on the information presented where Mr. Boganey addressed questions from the City CounciL 4. Hearing and Discussion of Proposed Levy Councilmember Lasman moved, and Councilmember O'Connor seconded to open the Public Hearing. Motion passed unanimously. Ron Schmidt, 6518 Willow Lane, inquired about how many of the properties located on the river will see a 20% increase in property taxes. He stated property taxes should not be higher for those properties located on the river and asked how much money of the budget is dedicated to the river. Mr. Boganey explained that a very little amount from the budget is dedicated to the river. It was indicated that the City Assessor would contact Mr. Schmidt regarding his property taxes. Terry Nelson, 3001 51 Ave, inquired about the property tax decrease for apartment owners and asked if those savings were added to the single family property owners. Mr. Boganey explained why the properry taxes of apartment buildings showed a decrease. It was indicated that a staff inember would contact Mr. Nelson regarding his property taxes. Councilmember Lasman moved, and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. ADJOURNMENT Councilmember Lasman moved, and Councilmember Ryan seconded to adjourn the meeting at 8:35 p.m. Motion passed unanimously. 12/03/07 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION DECEMBER 3, 2007 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Special Session called to order by Mayar Tim Willson at 8:37 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, Director of Fiscal and Support Services Dan Jordet, Community Development Director Gary Eitel, and Deputy City Glerk Camille Worley. CITY APPOINTMENT AND/OR NOMINATIONS TO SERVE ON THE BOARD OF DIRECTORS FOR VISIT MINNEAPOLIS NORTH, THE CONVENTION AND VISITOR'S BUREAU Mayor Willson stated that he will replace Myrna Kragness on the Board of Directors for Visit Minneapolis North. Councilmember Lasman moved and Councilmember Ryan seconded to appoint Mayor Willson to the Board of Directors for Visit Minneapolis North. Motion passed unanimously. There was discussion on the nomination of Judith Bergeland as an Elected Representative or as a non-voting Ex-Officio member where it was indicated that clarification on the voting abilities of each position is needed. Mayor Willson staxed he would get clarification on the difference between an Elected Representative and an Ex-Officio member. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:53 p.m. Motion passed unanimously. 12/03/07 -1- DRAFT Ill; 1. limill; i liffilijill COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk r DATE: December 5, 2007 SUBJECT: Licenses for Council Approval Recommendation: I recommend that the City Council approve the following list of licenses at its December 10, 2007, 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 renta� dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. COMMERCIAL KENNEL Pandora's Box Veterinary Clinic 4902 France Ave N LIOUOR CLASS A ON-SALE INTOXICATING AND SUNDAY Applebee's 1400 Brookdale Mall Crowne Plaza 2200 Freeway Boulevard LIUUOR CLASS B ON-SALE INTOXICATING AND SUNDAY AMF Earle Brown Lanes 6440 James Circle North LIQUOR CLAS5 D ON-SALE INTOXICATING AND SUNDAY Boulevard's Bar and Grill 1 2545 County Road 10 LIOUOR CLASS F ON-SALE INTOXICATING AND SUNDAY Flik International 6155 Earle Brown Drive LIOUOR ON-SALE CLUB INTOXICATING AND SUNDAY Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard LInUOR OPTIONAL 2 A.M. CLOSING Boulevazd's Sports Baz and Grill 2545 County Road 10 LIOUOR ON-SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIOUOR Boba Cafe L 1331 Brookdale Center C 1 Buffet 3 6090 Shingle Creek Parkway 50's Grill 5524 Brooklyn Boulevard Great India 6056 Shingle Creek Parkway Page 2 Licenses for Council Approval December 5, 2007 LIOUOR ON-SALE 3.2 PERCENT MALT LIOUOR Centerbrook Golf Course 6301 Shingle Creek Pazkway Davanni's Pizza and Hot Hoagies 5937 Summit Drive Scoreboard Pizza 6816 Humboldt Avenue North LIOUOR OFF-SALE 3.2 PERCENT MALT LIOUOR Cub Foods Brookdale 3245 County Road 10 Sun Foods 6350 Broaklyn Boulevazd SuperAmerica #3192 6950 Brooklyn Boulevard SuperAmerica #4160 6545 West River Road SuperAmerica #4058 1901 57th Avenue North Value Food 6804 Humboldt Avenue North Winner Gas 6501 Humboldt Avenue North LIOUOR OFF-SALE BREWER/BREWPUB MALT LIOUOR LICENSE Surly Brewing Company 48 i 1 Dushazme Drive Subject to submittal of Affidavit of Payment of Financial Claims and CPA Statement 2 Subject to submittal of Liquor Liability Insurance Certificate and CPA Statement 3 Subject to submittal of Liquor Liability Insurance Certificate RENTAL See attached report SIGNHANGER Demars Signs 410 93` Ave NW, Coon Rapids Sign A Rama 13692 Grove Dr, Maple Grove Budget Issues: The 2008 general fund budget estimates $71,900 from issued liquor license fees. The fees paid by the listed applications above total $63,800. The increase for the 2008 estimate is based on the opening of a new restaurant at 2590 Freeway Boulevard (former TGI Friday's site). �.1C�.t1�*S" �<7�' ��4.1�tC�� ��?��''t�1ft�� �3�'1a:�C�1�'1�3��' �O�'1K1 RUQL� �f,s� `',�t ��,�c� �3�: Karen Cast .::e t�lWellit�� ��r�l t��r�d... ��p� t�r�paid P�'£�p�t't�� A��'��+� ��P�,. /tt�i#ii�1 ��AtT1�f +unit�} ���1� fQ�' ��#'V?I�@ :l1ti��ti�� T��t� �4220 Lakeside Ave I Two Family (1) Renewal IRichard Arntson N�A �None per 12-911 ordinance I OK OK 6912 Morgan Ave N Single Family Renewal Muktar B. Abdurahman N�A None per 12-911 ordinance OK OK 3019 Mumford Rd Single Family Renewal Morris Matthews N�A 1-Disturbance per 12-911 ordinance OK OK 7110 Riverdale Rd Single Family Renewal lames Nelson N�A None per 12-911 ordinance OK OK 6448 Willow Ln Single Family I Renewal IDragon Property Management N/A INone per 12-911 ordinance OK I OK 5912 Admiral Ln I Single Family I Initial IFelix August Mannella Jr. N�A INone per 12-911 ordinance OK I OK 5439 Colfax Ave Single Family Initial Roger Kadlec N�A None per 12-911 ordinance OK OK 6807 Quail Ave Single Family Initial Randall M. Johnson N�A None per 12-911 ordinance OK OK �6612 Unity Ave N Single Family Initial �Trinh Nguyen N/A �None per 12-911 ordinance OK OK ��r� �����.�i� �rr+��� �F ����1��r� COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Ronald A. Warr Plannin and Zonin S alist �t g g P��� DATE: December 5, 2007 SUBJECT: An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding Area Learning Centers Recommendation: It is recommended that the City Council, following the public hearing, adopt an ordinance amending Chapter 35 of the City Code of Ordinances Regazding Area Leazning Centers. Backgronnd: On Novexnber 15, 200? following discussion and modification of the above referenced ordinance amendment, the City Council approved the matter for first reading and set December 10, 2007 for second reading and public hearing. This ordinance amendment was published in the Brooklyn Center Sun/Post on November 27, 20�7. This matter was reviewed by the City Council on October 8, 2007 and November 15, 2007 following study and recommendation by the Planning Commission on Alternative Learning Centers. The Council modified the recommended ordinance language to replace "Alternative Learning Center" with "Area Learning Center" and to clarify that the category of uses allowed in the commercial and industrial zanes are "non-residential educational uses". These changes were made to the text of the ordinance amendment and aze offered for adoption. Budget Issues: There are no budget issues. p�,��ae�c ,,��3-a� CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the lOth day of December, 2007, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Pazkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding Area Learning Centers (ALC). Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING AREA LEARNIl�TG CENTERS (ALC) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES �RDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner. Section 35-900. DEFIlVITIONS. The language set forth in the text of this zoning ordinance shall be interpreted 'tn accordance with the following definition. Words used in the present tense sha11 include the future; words used in the singular include the plural and plural includes the singular. AREA LEARNING CENTER (ALCI a non-traditional State ant�roved alternative learnins facilitv for students between the aees of 15 a�d 21 vears that meet the criteria established in M.S. 124D.68. Section 35-320. C1 Service/Office District. 3. Snecial Uses d. Nonresidential �Seducational uses including Area Leaming Centers (ALC), po�t secondary schools, business schools, tra.de schools and the like, but excluding public and private elementary and secondary schools (K-12). Section 35-322. C2 COMMERCE DISTRICT. 1. Permitted Uses. h. Nonresidential �educational uses including Area Learnin� Centers (ALC), post secondary schools, business schools, trade schools and the like, but excluding public and private elementary and secondary schools (K-12). ��hF� l l �'07 i ORDiNANCE NO. Section 35-2240. CC CENTRAL COMMERCE OVERLAY DISTRICT 2. T'he following uses are allowed in the CC Central Commerce Overlay District: v. Nonresidential €educational uses including Area Learning Centers (ALCI, post secondary schools, business schools, tra.de schools and the like, but excluding.public and private elementary and secondary schools (K-12). Section 2. This ordinance sha11 become effective after adoption and upon thirty days following its legal publication. Adopted this day of 2007. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) r'1 911�'1a �J 10-8-07 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the lOth da.y of December, 200'7, at 7:00 p.m. or as soon thereafter as the matter may be heard at the eity Hall, 5301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding Alternative Learning Centers. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING ALTERNATIVE LEARNING CENTERS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center 'is hereby amended in the following manner. Section 35-900. DEFINITIONS. The Ianguage set forth in the text of this zoning ordinance sha11 be interpreted in accordance with the following definition. Words used in the present tense shall include the future; words used in th� singular include the plural and plural includes the singulaz. ALTERNATNE LEARNING CENTER (ALCI a non-traditional State annroved alternative learnine fa�cilitv for students between the ages of 15 and 21 vears that meet the criteria established in M.S. 124D.68. Section 35-320. C1 Service/Office Distric� 3. Suecial Uses d. Educational uses including Alternative Learnin� Centers (ALCI, post secondary schools, business schools, trade schools and the like, but excluding pubiic and private elementary and secondary schools (K-12). Section 35-322. C2 COMMERCE DISTRICT. 1. Permitted Uses. h. Educational uses including Alternative Learnin� Centers (ALC), post secondary schools, business schools, trade schqols and the like, but excluding pubtic and private elementary and secondary schools (K-12). io.►� ORDINANCE NO. Section 35-2240. CC CENTRAL CONIMERCE OVERLAY DISTRICT 2. The following uses are allowed in the CC Central Commerce Overlay District: v. Educational uses including Alternative Learnin� Centers (ALCI, post secondary schools, business schools, trade schools and the like, but excluding public and private elementary and secondary schools (K-12). Section 2. This ordinance sha11 become effective after adoption and upon thirty days following its legal publication.. Adopted this day of 2007. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) COUNCIL ITEM MEMORANDUM T0: Curt Boganey, City Manager FROM: Ronald A. Warren, Planning and Zoning Speciar'lis�� DATE: November 7, 2007 SUBjECT: An Ordinance Asnending Chapter 35 of the City Code af Ordinances Regarding Altemative Learning Centers Recommendation: It is recommended that the City Council, consider a first reading on An Ord�inance Amending Chapter 35 of the City Code of Ordinances Regarding Alternative Learning Centers, which has been recornmended by the Planning Commission. Background: On October 8, 2007 the City Council, following discussion, tabled consideration of a Planning Commission recommended ordinance amendment that would allow Alternative Learning Centers (ALC) in the Carnmercial (C1, C2 and CC Overlay) and Industrial Park (I1) zoning districts. The Council raised various questions and/or concerns relating to this matter and laid over consideration of the first reading of the ordinance amendmen� My understanding is that the Council's concerns were with three general areas: The School District's awarenes� of the fact that the I1 zoning district allows adult uses as permitted uses and that the location of an Alternative Learning Center may be adversely impacted by what might be considered undesirable uses that could locate close to the Alternative Learning Center. Concern was expressed that the School District might want to be able to move if such uses were to locate close to them in the same building. This has been conveyed to Superintendent Lester and it has been suggested that they be aware of this fact and perhaps may wish to address this issue in their negotiation of a lease. Concern was also expressed about the nature of the eligible pupils for Alternative Learning Centers contained in Minnesota Statute 124D.68 which is cited in the definition and whether it would be appropriate that facilities for such students be located in the commercial or industrial districts. i Another concern is with the fact that an Alternative Learning Center could be located within any community that is a part of Intermediate School District 287. Perhaps our Commercial and Industrial zoning districts would become inundated, or over concentrated, with Alternative Learning Centers from many other communities to the detriment of Brooklyn Center. The Planning Commission's concentration in making their recommendation to the City Council was based on zoning regulations and criteria. The listing of eligibie pupils in the ordinance amendment may seem to imply that they are undesirable students. This has little to do with zoning implications. These are the criteria established by the State of Minnesota for determining students that are eligible for these programs. The City has little influence over this matter and whether or not this is cited in the ordinance amendment will not change the eligibility of students for the Alternative Learning Center or graduatian program. If the City Council believes that it is inappropriate to have an Alternative Learning Center in our Commercial or Industrial zoning districts, it should not feel compelled to do so only because the School District has requested it There should be a zoning basis for such consideration. The City Council has already established the inappropriateness of locating public and private K-12 education in these zoning districts. The Planning Commission reviewed and betieved that Alternative Learning Centers were similar to post secondary education, trade schools, and similar uses, thus, they recommended allowing them in the same z�ning districts as those uses. Alternative Learning Centers will continue to be allowable uses in our R1, R2 and RS zoning districts as special uses. The eligibility for students to participate in an Alternative Learning Center, or graduation incentive program, is going to be the same whether or not the C�uncil adopts the recommended ordinance amendment The Alternative Learning Center program is a voluntary program and students must meet certain criteria and standards in order to stay in the program and progress in that program. It should be stressed that it is not a det�ntion facility for probiem students but rather a program designed to encourage the completion of a course �f study leading to a diploma for students who may not otherwise function well in the traditional educational system. As far as an overconcentration of ALC's in our Comrnercial and Industrial zoning districts, it is possible that this could happen. The likelihood is not high given the fact that a number of other cities allow Alternative Learning Centers in such zoning districts. It was pointed out to the Planning Commission also that zoning decisions should not be made on the basis of one school district An Alternative Learning Center, regardless of the school district, would be allowed in these zoning districts if the amendment is adopted. This would include private as well as public Alternative Learnf ng Centers if such exist If an Alternative Learning Center meets the definition of a non-traditional 5tate approved Alternative of 15 and 21 ears that meet the r f r dents behnreen the a es Learnin Cente facili o stu Y g t3' criteria established in MS124D.68, they would be allowed as proposed in the ordinance. Aga3n, the rabonale for this recommendahon is based on the fact that these Alternatave Learning Centers seem to be more like post secondary education, trade schools, and other similar educational uses as opposed to tradidonal K-12 educational uses. As mentioned, Superintendent Lester will be at the November 13, 2007 City Council meeting to clarify concerns the Council may have regarding.Alternative Learning Centers. Budget lssues: There are no budget issues. CC: Gary Eitel, Community Development Director COUNCII� 1�'LM MEMORANDUM TO: Cutt BoganeY� CitY Manage� aud Zoni.n S alist FROM: Ronald A. Warren, Plaarung g ls DATE: Octobe� 4, 2007 SUBJEGT; ,�n prdinance Ameading Chapter 35 of th� City Code of Ondinances Regarding Alternative Learni.ng Ceat�s. Recommendation: It is rocommcnded that tt� City Council consid.� a first reading oa aa ordinan�ce �►cndiag Chapter 35 of the City Codc of Ordinaaces Regarding Alternative Learning Centers, which has bcen recommended by the Planning Gommission. Baekground: On the October 8, 2007 City Couac� age�da is considaation of a first readiag on aa ordinaaoe am�ding Chapter 35 of the City Cod.e of Ordinances Regarding Altemaiave Ix.aming Ceat:ers. This ordinance �endme�t is r�commended by the Planaing Commission following thcir review as roquested. by the City Couacil The City Cauncil raxived a writtc� request datad June 1, 20t}7 from K�ith Lester, Su�erintendent of Sc�ools for Brooklyn Center Sehoal District No. 286, to considr�' allowing Altcraa.tive I.eaxning Ceaters in thc City's Industrial Park distric� Specifically, the School District wantod, to lease space in the Palmer Lake Plaza building,. 6850, 6860, and 6870 Shingle Creek Parkway, to condnct an Alternative I.eaming Ceater, which is a aon-permit� use in this distric� His written request contained various infoxmation aad urged, the City Couacil to taka aPP�P� action to accommodate thc request The City Council reviewed and discussod this matter at two council wark sessians, one on June 25, 2007 aad the oth� an July 9, 2007 and refarrecl the matter to the Planning Commissian to rcview, commsnt and make any �ecommcndations with respect to possi'ble ord'mancc amGndinents that might be relative to the request. The Planning Commi.ssion reviewed tbis mat#az dxuiag their study s�essions on July 26, 2007, August 30, 2007 �d Septembe� 27, 2007. Attached are copies of minutes from those meetings. In addition to tho information pravided by Suparintendent Lester, the Commission requested infarmation about how cities listed in the Supe�in�ndenYs lett� address Alteaaative Laarning Ceaters in. their zoniag regvlations. Staff coutact�d. the City's of Coon Rapids, Osse�, MaPle Grove, Brooklyn Park and Bloomiagtan and revie�wed their ordinancr,s and procedures. These cities address Altemati.ve Lcaraing Ceatere in a m:mber of ways, but all se�► ta provide same sort of regulation or to distinguish thern from traditioaal educa,tional uses. Some cities indicated that furthcr r�vicw of their ordinanc� wcr� in ord� relative to educational uses. The Commissioa, on Septembc� 27, 2007, t+ecommended an ord,inance �nendment be considered by the City Couacil thst would allow Altr,�aaiive Lcarning Cea�ters in the Commercia] and Industrial Park districts in the same manncr as post secondaiY schaols, trade schools aa�d similaz odwearional nsos are auaently allowed. Alt�native I.earning Centers would be ailowed as a special use in the C-1(Sezvice/Office), C1A (S�rviceJOffice) aad I 1(Iudustrial Pazk) zoning districts and as a permitt� use in the C-2 (Commerce) and CC (Cw�al Commerx 4v�lay District) zoning dist�ic� The proposed ordinance �endment would define Altemativc I.�aming C�nter as a non-t�raditional, Stat.� appmved atb�rnative leeming facility fbr studcats bdweGn the ages of 15 and 21 years that med th� c�it�ia �tahlishe� 124D.68. Badget Iasnea: T6ere are eo bndget issnes. MINUTBS OF THE PROCEEDTNGS OF THE PLANNING CONIIvIISSION I I OF THE CTTY OF BROOKLYN CENTER 1N TI� COUNTY OF H�NN'EPIN AND TI� STATE OF I��TNESU'TA STUDY SESSION TULY 26� 2007 CALL TO ORDF�t. The Plawning Commissian mceting was called to ordar by Chair R.aha. at 7:06 p.m. R�1�L CALL Chair Seaa Rahn Co�nmissioners Crary Ford, Michael P�, aad Tim Roch� were prese,at. Also present w�ae Secretaiy to the Plamiing Conunission/Planaing aad Zoaia.g Spxialist Ranald Wantii�, and Plannang Commission Recording Secretari► Rebecca C�ass. Cominissioaers Rachel �:imd and Della Youag were abseat aad excused. C�nmissianer Boe�k was absent �d uaexcuscd.. A�,�ROVAI.OF I�iJTES NNE 28.�OD7 Gr Fo er R socoaded b Commission rd, -There was a motion b Commiss�on oche Y y m as submitted. The motion assed. e minutes of the June 28, 2007 eeting P to approve th CHAIR'S EXPLANATIUN bod Qne of the Ghair Rahn acplained the Plaaning Cammisaon s mle as an ad�nsory y. Comnaissioa's functions is to hold public he�iags. In the matters concemed 'm these hearings, the Commission makes recomm�ndahoms to the City CounciL Tha City Council makes atl final decisians in these matt.ers. AP�..ICA'i'�aN NQ• 2007-Q13 BRAD ,��ILJMACI3ER C�air g,ahn introduced Application No. 2007-013, a request for Site and Buildi.ng plan e�proval for a six statl garage at the agartmea�t located at 5240 I?rew Ave.nue Narth. The fooiprint of the garage is 30 ft. by 44 ft. or 1,320 sq. ft. 'Iwva existing Parl�n8 SFa�s will be eliminatod and the parking Iot wili be �xpanded to the south to access thc three east fa�i�g garage Mr. Wamen presentad the staff repart desc�bing the locatian of thc praperty and the pmposal. (Sx Planning Cominission Information 5hoet dated 7-26-07, attached.} Commissioacr Itoche inquired as to the fimshed height of the garage. Mr. Warre� stated that the maxi.mum height for aa ��ry structaire is 16 ft. and the plaas showed that the garage would be less thaa that. The a�pplicant, Brad SchuEnachCr, addirssed the Commi�sion and pointed out where he pla�aed to laai additional tre�s an the site. P Thca+e was no fiui�' dis�ussion regarding the applicatioa 7-26-07 Page 1 ACI"�nN T() R�COl�IlVLEND APpROVAL OF APPLFCATION NO. �007-013 BRAD SCHi]ASACH,� There wss a m�tion by Commissioncr Roclie, socanded by Commissiaaex Parks, to reco�d to the City Couacil that it approvt Applicatiam No. 2007-Q13, submitted by Brad Schumachcr, far Site a�d Building approval for a six stall garage at thc apmtme�.t jocated at 524U Drew Aveztue North, subje�t to tb.e follovving cansidaatioas: 1. The buildin.g plaas az� sabjoct to r�view by the Building 0fficial with respxt to appficable codes prior to the issuaace of permits. 2. Crading aad drainage plans�are snbj� to revi�vv and approval by tha City Enginea prior to the issoance of permits. 3. 'i'he plaas sball be modi5cd in th�. following mannea: a. The aiaximum driveway width for the nCVV driveway onto Drew Avenue to be ao more tbam 24 8. wide at the grap�aty line. b. To show the location of the relocatod. Irash anclosure to be Provided with aa aPaque xr�enin8 device at least b ft. high to include a solid S�• 4. The applicant shall obtain a drivcway pamit from the Enginee�ing DePartment for tbe proposed sccess onto Drew Avcnue North. Voting in favar. Cha.ir Rahn, Commissioneas Ford, Parks, aad Roche. The motion passod im�imously. 'The Couacil will considCr the spplieation at its August 13, 2007 m�eting. The spplicant mnst be prese�k Majar chang�s to the application as rcview�d by the Plaaaing Commission will requir� that the app�ication bc retumed to thc Commission for reconsideaatioa. OTHER BUSIN�SS- BROOK�N C;ENTHR ALTERNATNE SCHOOL ZdNIl1G ISSUES Mr. Wazren �xplained that the Brooklyn Ceatcr City Council had received a written request from the Brooklyn Cer�tcr School District to consida ellowing an Altetnative Learning Center in the Indus�rial Psdc zoning dis1rict ]ocated at the Palmer Lake Plaza buildiag locatad at 6850, 6860 aad 68'10 Shingle GYuk Psrkway. Mr. Warnen stated that Altenoative Z.eaming Ceaters an g�erally for those studeuts uaable ta learn in a typical school se�ting. Mr. Wa�n descn'bed details regardi,ag the history of this tapic to cnable the Cornmissian to possiiblY recomme�d an ordinance amendment relative to this raquest Ha pointed ont that the City Council had referred the matter to the Planniag Cvunaiission for reviear, camment and recommendation. Mr. Tom Schianick, �pres�ntin8 the Brooklyn Ccntcr School Disirict, cxPlained that the Alteanaiive I.e�ning Ce�ter is currentty housed at tho Brooklyn Center High Sr,�wol and they onty have sgace Sor 50 stndents but could be scsving neazly 100 stud�ats. He further statod lfiat by moviag the cent�r inW the Industrial Zone it would atlow them ta expand and serve additianal students. 7-26-07 Page 2 Mr. Waaen clarified to the Comnnission thst their mie is to make a deCision an how ta handle t�e request to allew school uses such as an Alternetive Learaing C�ata in the ladustrial Zone. He snggest�d that tb.e Commission clearly define what type vf education uses wanld be aUawe� in the commerciai and indust�ial zones when considering this ordinaace aanendmmt since currentiy �lemr�tsry and sxondffiy aincatian uses are not allowed in cammr,�+cisi vr indt�stria] d.isiricts. Mr. Warren also stated that the Stat� requires that aa altcanative learning c�nter must be located within tha botmdaries of the sehool district that is eondu�cting the school and that is why th� grook2yn Center Scho�l District has bem unable to r�t or lcase spa� for this use in c�urches or othcr are�a in the city thst would allow t�as type of use sinc� tt�y a�e located within a differeut school distric�. 'T�o Commission came to a cons�usus that City Staff should fvithei research this to�pic to provide the� with additional informatiom regardiag s poesible ordinaace smeadmtntl Ia perticular they reqnestod iaformation on haw othe� oammimities mentional in the Su��aintendent's letter that are locatcd in commerciat air•as address location aad l�d use issues. There was fiuthe� discussion among the Commission regarding this inatter. Mr. Wazrea indicated that he hoped to have this it.�m back on thc August study session. 'I'hcrawas no other business. ADJOLJItINMENT Thr,re was a motion by Commissione� Rache, seconded by Comxnissioner Parks, to adjourn the Planniag Commi.ssion me�ting. The motion passed unaaimously. The meding adjwnned at 8:40 p.m. Chair Rxordod ead traascn'bed by: Rebecca Crass 7-26-07 Page 3 MIIJUTES OF THE PROCEEDINGS OF TH�: PL�ATiNING COlvIl�IISSION OF THE C1TY OF BROOKLYN CENTER IN TI� COUNTY OF I��NNEPIN AND THE STATE OF MINNESOTA STUDY SESSION AUGUST 30, 2007 �AT 7 1'O aR1�ER The Plsaning Cammission meeting wes called to order by Chasr Rahn at 7: L lp.rn ROLL C,�1 Ghair Sean Raha a�d Commissione��Michael Parks. A}so pregent were Sxr�'tio t6c Pl�ning CoYnmission/Planaing sad Zoning 5pecialist Ronald Wan�n, ancl Flanning Commissio� Recording Secratary Rebeoca Crass• Commissicn�s GsrY Ford and Rachel Iund and Della Young wer� abse�t and �cxcused. Commissionet Tim Rochc �as atbsent and im�cUSed. APPROVAL OF A�ID�IiTTF At3GU$,�' 16. �7 Due to lack of a quon�m, appmval of the August 1 b, 2007 Planaiag Commission minutes wes tabled.. CHA,�S EXPI.A�NATION Chair Rahn cxplained the Platnning Commission's mla as an advis�ary body. Oae of the Commission's fuactions is to hold public hearings. In the mattars conc�rned in these hcarin�s, the Coa�ission noakes rxammendations to tl�e City Coimcil. The City Council makes all final decisi.ons in these ma�ars. DISCUSSION Tf�vl- BROOKLY�1 CENTER A�TERNATNE CS �IOOL Z(3�+iIrTG LSSUES Mr. Warren rarninded the Pla�m.g Commission that at their 7uly 26, 20Q7 mectiag, follawing discussian af Braoklyn C�mter Alternativc School Zoning Issues, the Plaaning Commission requested additional information regarding how other communitios doalt with Atteaaative I,earning Centcrs in thcir zoning ordinances. He addod that the Bmoklya Caiter School District has rcquestod. consideration to allow an Altcmative Iresming Ce�tez in the lndustrial Park zoning distrid located at tl�e Pakncr Lake Plaza building locatod a# 6850, 6860 amd 6874 Shiagle Croek Parkway aad that Alteaaadve I.earaing Centers are genGrally for those studcuts unable to leam ia a typical school sc,tting. He pa� out tl�at the City Council had refertod tha matter to the Plarming Camnussian far review, comm�t and possiibty a recomm�dation for ardin�ace amendment relative to this rec�uest. Mr. Wsrrcn reviewai his findings regarding how othcr school districts providc apprapriate zoniag locations for Alternative Learniag Caibers within their districts. He explained how some school distri.cts define these schools to allow the use in �n eas such as commercial, iad.ustrial ar as a special use ia s resideatial are�. Mr. Wazten added ttzat the Comausston shoi�d be aware that if au ordinaace ameadment is recomrnear�dod to allow this use, that ft would be affective for all school distri.cts and nat just for the Brooktya Ceatcr Schoal Distric� The�efore, any scbool 8-3U-07 Page I districk that is secldag an Alt.czna#ive L,eaming Centcr within the City of Brooklyn Ceatr�r would be allowed to do sa. Chair Rahn aslcai ebout the r�useions of allowing a eharter schooi to opaat� as aa Alt�native Learning C.e�tea vvithia the commercial zona Mr. Wsrren respanded that in l� apinian cherte� schools are private el�tary or socondary+ schools and should not be considr�d as aa Alt�rnativ� I.e�rning Ccnta. A�1r. Warnxi suggested that A2tarnative I.earning Ccatcrs shauld be considered as adult education, secondmy or trade schools by dcfinition whea detamining whcre i�ey shwitd be located vnder the �sc classification in the city ordinanets. In that aray, Alternaxive Lcarniag Centcrs could be desen'bed as the uses mentioncd abov� and be sepmate from ot1� elem�entary► and sccondaiy ases. Chair Rshn voiced his coneem with allo�ving these uses in commei�cial rat�il areas that would be bdter sGn►ed by allowing rcEail uses only. Chair Raha askod for clarificatian regarding whether educatio�al uses are allowed uses ur special uses in the commercial zanes. Mr. Warren explained that educational uses are spccial uses in the G 1 zane aad they are permitted u.ses in the G2 zone. He added t�at educational uses are a special use in the Indu.strial Park zone. Comm�issioner Patks sharod same re;sults he obtained fram research on the subject of Alt,�native Leainiag Ce�ters and pmvided writt�a c�nmeats. Based on lus 5ndings, be statod that it is his opiaion that Altesnstive I�earnmg Centors be allowed as special uszs in oommcrcial and industrial zotting districts because they ate more similat to post sxondary sad trada schoo�s i�aa ta the s�ka�idard secandary schools. Thcre was furthcr discussion among the Cflmmission regardiag this matter. It was tha canse�sus of those present that staffput togather farmal language with a de5nition to cstablish Alternabve L.eaming CentGrs as somethixig othar thaa secondary or'elemer►tary uses and bring it back ia the farm of an az+dinenca aanendmea�t for the Commission bo consida as a reco�nmendation to the City Council. There was no othez business. ADJOLT�tNMENT_ The mxtiag adjaurn�d at 8:01 p.ai. Chair Reoordod azid transcribad by: Rebecca Crass 8-30-07 Page 2 MIIWTES OF THE PRQCEEDINGS OF THE PLANNING CONII�IISSION OF T'HE CTTY OF BR40KLYN CENTER IN TfiE C4UNTY OF HENNEPIN AND TI� STATE OF hiII�TNESOTA STUDY SESSION SEPTEMBER 27, 2007 CA�..L T oRn� The Plat�ning Commission meetin$ was called to ord� by Chair Rat�a at 7:05 p.m. R�L�. CAI� Chair St.sa Ratm aad Commissioner Staa Lxino� M�chacl Paz�CS, Tim Roche aad Della Young. A1so present were City Caimcilme�bets Dan Ryan and Mark Yelic1�, Se�xary ta the Pl�ning CommissionlPlanniag and Zoning Spocialist R,onald Warren, and Planning Commissian Recortiing Seoretary Rrbecca Crass. Gary Ford and Rechel Lamd were abscnt and �cused. qD�STER OATH O� OFFICE Mr. V�azren administtaed tlu Oath of Offce to Stan Leuia APPROVAL OF 1�SQr�I[TT�S Ai3Ci�JST 16. 2A07 AND AUGUST 30. 2007 The�e was a moticra by Commissianer Rache, �conded by Commissi�ncr Parks, to a�rove the minuxes of tlse August 16, 2007 meeting as submitted. '1'he motion passed. Cliair Ratm amd Commissiona Lcino abst�ined as they were not at the meetin& Thr,re was a mation by Commissioner Paz3cs, seconded bY Chair Rahn, to $PProve the minutes of the August 30, 2007 mectin.g as submitted. The motion passat. Coma�issioners Leino, Roche and Yoting abstainal as they �'a�e not at the maeting. g �PLAN�TIO� Chair Ralm ezplained the Pl�ning Commission's role as aa advisory body. !One of the Cammission's fuactions is to hold public hr.arings. �n thc mattezs conce,rned in these hcarings, the Commission makes ra:ommendations to the City Canncil. The City Couacil inakes all final decisions in fihese mat�e�'s. DbSi�TSSION ITfiM- BROO�CI.Y�i CE�R ALTERNATNE SCHOOL �l�ING ISSi.TES Mr. Wa�rcn stated to the Planning Cammissian that the Brooklyn Ceater School District had. roqutsted considcratian to allaw an Altcrnative I.eaming Ccntra in the 3aduslrial Park zoning district specifically at the Palmer La�ce Plaza buildi.ng locatcd at 6850, 6860 aad 6870 Shingte Credc Parkway. He statod that at the August 30, ?.00'7 Planning Camm.ission meeting, membe�s af the Planning Commission that wete pr�sent at that mxting direCted staff to pn�ar� an ordinance amanding C�apter 35 to allow Alternative Leemiag Centas t� bo located in the Commcrcial or Industriat zoniag districts. He reviewed thc lustory of the reque�t by the taffrc S Brooklyn Ceater Schoal �istrict and the results of r�search conducted. by City �g tbis subjcct. 9-27-07 Pago 1 Mr. V�azren statod that the cun�a►t zoniisB ordin� daes not allow K-12 edvcational uses Ya tbe industrial zone aad they are anly allowed in tha Rl, R2, and RS zones as a special use. This proh�'bits school distriets fio�m establisbing Altemativc I.earning Cmters in cammr.rcial and industrial zoning distt'icxs. thaz this sed aYae�ndmmt to the zoning ordinance offerod for Mr. Warran e�cplained pro� conside�ation would allow Alternative I�eazning C�tas in the C-1(Sezvice Office} dis�ict and the C-2 (Commex�ce) district as a permitted use and in the Indu�strial Park Zone as a special use. He also lained that this cl�aage ta the zaaing ardinance would allaw such a use by any s�hool �F district within the City af Br+noklyn C�. Amendin ter 35 of the City Cadc of Mr. Wazr� then presentcd a draft Or+dinanee 8�P Otiiinenc� Rcgarding Alteraative i,eatning Centars to the Commissioa for commenL Commissianer Roche asked far clarification aa the allowablc uses in the I-1(Industrial Park) zone. Mr. Wazren explained how the ardinance cites uses allowed witb�in ttbe I-1(Indust�'ial Park} zone including specist ases such as the proposed language to include the addition. of Aitcraativ� L.earning Ceatei s. Cammi,sssoncr Leino asked about the vacancy tate in the Palma Lake Plaza. Mr. Waae� statcd he was ups� as to the vaceacy rate �d addod that the City's concern would be with any use of the site mc�tiag the minimum parlcing standaz'ds• Commissioner Leino inquirad as to any special licensos rcquired by tbe school dist�ir.t to opezate an pttcrnative I.aarniag Centet. Mr. Warrm rasponded that the State Statute 124D.b8 deals with the graduation inccntiv� program aad r�fas to eli�ble pugils. He added that the State defiaes what pupils are eligible to be se�viced uada the statute for Alteraative Lcaming Centers• tin thc Brookl Ccnter School Distriat Mr. Arslan Aziz and Ms. Jeaa Soreasen represCn g Ya iatroduaod theanselves. Chair Rahn asked fnr their gencral reaction. Mr. Aziz thankod the Cflmmission f�or reviewing this subject. He explaaned thai there is certain eet to be eli le for attcndan.ce in the Alternative I.eazain8 Ceaier ts have to m 8� criteria that studca 8 t successful ts that are no He added that Alternative I.eaming Centers are for studea envuonmcnt. 12 aad. he s etudents looldng I in a nornial learning eaviranma►t, This pro� serves gsdes 9- 1 P to finish their high schaol education, oftea� serves those whose lives heve beea disrupted and ��r� the studtnt to get back an track to obta�n a high schaal d.iploma Msy Sorensen stated that she is th� assistaa�t principal at Brooklyn Centcr High Schaol and has be� ia education for 14 years. She emphasizad t�# thae is not oae easy fit for` all students aad by pmviding alternative methods for lesrniag arcates a gcater success for students that do not survive in the trsditional classroorn sdtin8. She added that Altcmative Learaing Ccatcr's pmvide smatler class size and more hands on lesrniag by the studwit. Siude� have ta meet criteaia determined by the State in ordea tv attead the Alt�ve L.earning Center and this is a volunta�y pro�am• 9-27-07 Page 2 Chair Ra1m asked the school dishrict r�atativea to explain their rationale for the rec�uest. Ivis. Soreasen respondcd thst tf�c Palmcr Lalce lxation is close to their schools and schovl seavices aad raeaurcos can be sba�+ed by the Brouklyn Ceatar Hig� School at this location. Sh� explaiaed that thc demend is high and th�y caanot provide enough spaces for all the stndcnts a+ishing to atte�ad.the A1tGrnative I,cmning Center or the flexibility avsilable by bcing offsite from the traditional sc.t►ooI site. Commissioncr Young aslced haw the immigraat population affects th� school. Ms. Sa�se�n statod that the stwd:ent's language will aeed to be assessed 5rst and oftea F.nglish att�clod st the hi school before a stndent could be ma 5rst �ed to be 8h language classes y integrati6d intio the Alternative Learmng Ceater. 5he added that cun�entiy thae are 58 students attcnding Alternative I.earuing Centcr classes within thc Brooklyn Cc�er Higli Schaol and scheduling has become a challenge with the space available. Cammissionet Young asked about a projxted aeed regarding the nnmbcr of students thcy would likc to serve. Ms. Sarensen responded that cun'ently tl�re is a waiting list �f 10.12 students bert they would l�ce to sesve up to 100 sh�dents. Comnoissione.� Parks asked what subjects are offerzd in the Altern�iive Learniag Cent�r classroom. Mr. Aziz re�ponded t�at th� fout core subjccts arc offered, English, Math Social Studies and Scieaca elective t�achers fill in for Arts, Spexh, Theatrr aad C�mPut�s• The�e was further discussion amang tho Commission regarding this matt�. T6cre was a motion made by Commissione� Parks, seconded by Cflmmissioner Yo�mg to recommea�d tn the City C�uncil a}�proval of an Ordinance Amending Chapte� 35 of the City Coda of Ordinauces Rcgarding Altemative I�eain'sng Ce�ttrs. Voting� in favor. Chair Rahn, Commissioncrs 3.eino, Parke, Roche aud Young. The mation, passed unanimQUSly. �Thr,re was no oth� business. AD70LT]t1NME� These wes a motioa by Commission� Parks, secondcd by Co�nissioner Leino, to adjoura the Plaaaing Com,mission meeting. The motion passed �m_�ou¢ly. The meeting ad,journed at 8:12 p.m. Ghair Recorded and trsnscnbed by. Rebecea Cxass 9-27-07 Pa.ge 3 I t X t� s..'s �tr;� i 3 4 i �s�� .�3� E f S t f 4 i 1 a k z+�.e ��yyr� �d.�� t F �ra?�;:i 1��s�: U' y z r i 3 g I w t 1 k j r—^�' i i 'f �i ,W,e, 5_ �1� ...r r 10� t t. I O t. i t �'r ���.Sa ��w.�} Y .w� J .A t t -#IWI�/ i r W M t d, F i {i�� r—' ,t ks i�� ....St t I M 1�„ f F i �1 �:,:��5, '�-'�:�1 E-._ r: .`,r, fi: r' f;' i i 1:� .r .....s ir i _",..,1 3 r o—..i: �l i ._.a 1 f j E y y I� 11 I �T!'�- j w 1 I� 't•• r t i���� y 5..._ ';k �i� o ^i'� ..a y i ...�aS m i sn x ..4.. r t s ti ..G a S ��a�,'t� ar t r w-+ k. ....�1; i!1 ._.s i��� ir.aam�aunuulMa+'a� .•..s.maeaw��3la�l+m:m�au:ajf?�sxl�7n�ev�tua7ltm a S ��,�.�w% f t J i `'�}•.1 t ._...a� l lr i� ��r��� ���»��.��,�.r; ��r �+�r'����. s= v Please refer to the December 6, 2007, City Manager's Budget Letter included in HRA Item Nos. 4a. and 4b. Mernber introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A FI1�1AL TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND MARKET VALUE TAX LE�IES FOR DEBT SERVICE AND THE HOUSING AND REDEVELOPMENT AUTHORITY FOR 2008 WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, Minnesota Statutes require that the final property tax levy be provided to the Hennepin County Auditor no later than December 28, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that a tax is hereby levied on all taxable real and persona.l property within the City of Brooklyn Center for the purpose and sums as follows: General Fund $11.404.750 Subtotal Tax Capacity Levies: $11,404,750 2004 A-Police and Fire Building Refunding Bonds 730;152 Subtotal Market Value Levy for Debt Service 730,152 Housing and Redevelopment Authority 302,191 Subtotal Mazket Value Levy for HRA 302,191 Tota.l Levy �l2_437.093 December 10, 2407 Date Mayor ATTEST: City Clerk The motion for adoption of the forgoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its ado tion: P RESOLUTION NO. I RESOLUTION ESTABLISHING A FINAL MARKET VALUE LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICES AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES CHAPTER 469.033 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2008 WHEREAS, Minnesota Statutes require tha.t the final property tax levy be provided to the Hennepin County Auditor no later than December 28, 2Q07 for taxes payable in calendar year 2008; and WHEREAS, the City Council has received a resolution from the Housing and Redevelopment Authority of the City of Brooklyn Center establishing the final levy of the City of Brooklyn Center Housing and Redevelopment Authority for fiscal year 2008; and VJHEREAS, the City Council of the City of Brooklyn Center, pursuant to the provisions of Minnesota Statutes 469.033, Subdivision 6, must certify the final property tax levy resolution of the Housin and Redevelo ment Authorit of the Cit of Brooklyn Center. g P Y Y NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of City of Brooklyn Center, Minnesota that a special tax is hereby levied on all taxable rea1 and personal property within the City of Brooklyn Center at the rate of 0.0144% of the total market value of real and personal property situated within the corporate limits of the City of Brooklyn Center that is not exempted by law. BE IT FURTHER RESOLVED that the property ta�c levied under this resolution be used for the operations and activities of the Housing and Redevelopment Authority of the City of Brooklyn Center pursuant to Minnesota Statutes Chapter 469.001 to 469.047. December 10, 2007 Date Mayor ATTEST: City Clerk The motion for adoption of the forgoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereaf: and the following voted against same: whereupon said resolution was declared duly passed and adopted. I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2008 GENERAL FUND BUDGET WHEREAS, the City Council of the City of Brooklyn Center is required by City Charter and State Statute to annually adopt a budget. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that revenues and appropriations for the General Fund for 2008 sha11 be: Revenues and Ot6er Sources General Fund Property Taxes 11,404,750 Less amount for uncollectible 171,071) Sales Tax-Lodging Receipts 665,000 Licenses and Permits 723,845 Intergovemmental Revenue 1,652,008 Charges for Servioes 694,104 Fines and Forfeits 248,000 Miscellaneous Revenue 302,200 Total General Fund Revenues 15.518.$�� Appropriations and Other Uses General Fund Divisions/Departments/Activities: General Government 2,372,005 General Government Buildings 740,185 Public Safery 7,174,606 Public Works 2,941,676 CARS 1,390,482 Community Development 731,218 Convention and Tourism 320,875 Social Services 73,U19 Risk Management 202,800 Central Services and Supplies 261,970 Reimbursement ftom Other Funds 760,000) Transfer Out-Miscellaneous 70.000 Total General Fund Appropriations 15.518.836 December 10. 2007 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: i �and the followin voted a ainst th g g e same: whereupon said resolution was declared duiy passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2008 SPECIAL REVENUE FUND BUDGETS WHEREAS, the City Council of the City of Brookiyn Center is required by City Charter and State Statute to annually adopt a budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that appropriations for the Special Revenue Fund Budgets for 2008 shall be: Revenues and Other Sources Special Revenue Funds Economic Development Authority 367,191 Housing and Redevelopment Authority 302,191 Community Development Block Grant 193,749 Police Drug Forfeiture Fund 29,000 TIF District #2 629,102 TIF District #3 2,290,991 TIF District #4 271,836 City Iniriatives Grant Fund 198,228 Total Special Revenue Funds 4 2g2.2gg Appropriations and Other Uses Special Revenue Funds Economic Development Authority 324,144 Housing and Redevelopment Authority 302,191 Community Development Block Grant 193,749 Police Drug Forfeiture Fund 29,000 T'IF District #2 22,000 TIF District #3 2,118,491 TIF District #4 249,813 City Initiatives Grant Fund 309.275 Total Special Revenue Funds 3.548.663 December 10. 2007 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING TI-� 2008 DEBT SERVICE FUND BUDGETS WHEREAS, the City Council of the City of Brooklyn Center is required by City Gharter and State Sta.tute to annually adopt a budget. NOW THEREFORE, BE IT RESOLVED by the City Council of the Ciry of Brooklyn Center that appropriations for the Debt Service Fund Budgets for 2008 shall be: Revenues and Other Sources Debt Service Funds 1997A G0 Improvement Bonds 600 1998A GO Improvement Bonds 124,553 1999A GO Improvement Bonds 185,609 2000A GO Improvement Bonds 107,335 2001A GO Improvement Bonds 106,500 2003A GO Improvement Bonds 161,250 2004A GO Building Refinancing Bonds 750,152 2004B GO TIF Refmancing Bonds 462,810 2004C GO Improvement Bonds 160,425 2U04D GO TIF Bonds 1,374,681 2006A GO Improvement Bonds 219.518 Total Debt Service S 3.653_433 Appropriations and ot6er Uses Debt Service Funds 1997A GO Improvement Bonds 103,0'75 1998A GO Improvement Bonds 109,065 1999A GO Improvement Bonds 175,815 2000A GO Improvement Bonds 82,840 2001 A GO Improvement Bonds 85,120 2003A GO Improvement Bonds 143,583 2004A GO Building Refinancing Bonds 712,051 2004B GO TIF Refmancing Bonds 462,810 2004C GO Improvement Bonds 130,251 2004D GO TTF Bonds 1,374,681 2006A GO Improvement Bonds 31 L223 Total Debt Service ��.�2Q.�L4 December 10, 2007 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was dz.ily seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the followin vote ai g d ag nst the same: whereupon said resolution was declazed duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 20U8 CAPITAL PROJECT FUND BUDGETS WHEREAS, the City Council of the City of Brooklyn Center is required by City Charter and State Statute to annually adopt a budget. NOW, THEREFORE, BE IT RESOLVED bythe City Council of the City of Brooklyn Center that appropriation for the Capital Project Funds for 2008 sha11 be: Revenues and Other Sources Capital Project Funds Capital Improvements Fund 159,522 Infrastructure Construcrion Fund 8,445,000 Municipal State Aid (MSA) Fund 824,000 Street Reconsiruction Fund 710,000 Earle Brown Heritage Center Capital Fund 200,000 Technology Fund 79,000 Total Capital Pro}ect Funds �10_4�,7„�?� Appropriations and Other Uses Capital Project Funds Capital Improvements Fund 286,556 Infrastructure Construction Fund 7,SS0,500 Municipal Sta.te Aid (MSA) Fund 877,300 Street Reconstruction Fund 1,050,000 Earle Brown Heritage Center Capital Fund 280,000 Technology Fund 377,617 Total Capital Project Funds $10.421.973 December 10, 2007 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2008 ENTERPRISE FUND BUDGETS WHEREAS, the City Council of the City of Brooklyn Center is required by City Charter and State Statute to annua.11y adopt a budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that appropriations for the Enterprise Funds for 2008 shall be: Revenues and other Sources Enterprise Funds Brooklyn Center Liquor 5,789,000 Centerbrook Golf Course 296,750 Earle Brown Heritage Center 4.427,491 Total Enterprise Funds �10 513�241 Appropriations and Other Uses Enterprise Funds Brooklyn Center Liquor (w/o Depreciation) 5,586,067 Centerbrook Golf Course (w/o Depreciation) 297,233 Eazle Brown Heritage Center (w/o Depreciation) S 4,352,670 Total Enterprise Funds $10.235.970 December 10. 2007 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2008 PUBLIC UTILITY FUND BU DGETS WHEREAS, the City Council of the City of Brooklyn Center is required by City Charter and State Statute to annually adopt a budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that appropriations for the Public Utility Fund Budgets for 2008 sha11 be: Revenues and Other Sources Public Utility Funds Water Fund 1,85U,120 Sewer Fund 3,213,550 Storm Sewer Fund 1,514,910 Street Lighting Fund 248,716 Recycling Fund 258,562 Totai Public Utility Funds 7.085 858 Appropriations and Other Uses Public Utility Funds Water Fund (w/o Depreciation) 2,079,046 Sewer�Fund (wlo Depreciation) 3,636,0$7 Storm Sewer Fund (w/o Depreciation) 1,593,446 Street Lighting.Fund (w/o Depreciation) 262,569 Recycling Fund (w/o Depreciation) 258.458 Total Public Utility Funds ��7 $29.GQ6 December 10. 2007 Date Mayor ATTEST: City Clerk T'he motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, t�e following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. -Member introduced the followi.ng resolution and moved its adoption: RESOLUTION NO. RE50LUTION ADOPTING THE 2008 INTERNAL SERVICE FUND BUDGETS WHEREAS, the City Council of the City of Brooklyn Center is required by City Charter and Sta.te Statute to annually adopt a budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that appropriations for the Internal Service Fund Budgets for 2008 shall be: Revenues and Other Sources Internal Service Funds Central Gazage Fund 1,810,23I Post Employment Insurance Fund 84,500 Compensated Absences Fund 35,000 Total Internal Service Funds 1-929-7�1 Appropriations and Other Uses Internal Service Funds Central Garage Fund (w/o Depreciation) 1,693,203 Post Employment Insurance Fund 84,500 Compensated Absences Fund 35.000 Tota1 Intemal Service Funds 1.812.703 December 10. 200? 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. �11�:� z r r z v� COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk�,�a/ldy�, DATE: December 4, 2007 SUBJECT: Mayoral Appointrnent Planning Commission Member Recommendation: I recommend that the City Councit ratify the Mayoral appointment of Kara Kuykendall to the Planning Commission with term expiring December 31, 2008. Background: The Planning Commission is composed of a chairperson and six members. There is one vacancy on the Commission due to the resignation of Gary Ford. As outlined in Subdivision 6, Resignations-Removal from Office-Vacancies, of the Resotution Defining Duties and Responsibilities of the Brooklyn Center Planning Commission, the following procedures for filling Commission vacancies were followed. Notice of vacancies on the Commission was posted at City Hall and Community Center and on the City's web site and aired on Cable Channel 16 beginning October 5, 2007. Announcement was made in the October 18, 2007, edition of the Brooklyn Center Sun-Post. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. Copies of the applications received were forwarded to City Councit Members on November 8, 2007. Attached for City Council Members only are copies of the applications received: Gail Ebert 1613 Irving Lane N Kara Kaykendall 5507 Irving Ave N A letter was sent to each of the applicants notifying them that their application for appointment would be considered at the December 10, 2007, City Council meeting. Mayor Willson has communicated with both residents and recommends appointing Kara Kuykendall. As previously requested by the City Council, the City Advisory Commission Bylaws are not included in the materials but can be found on the City's web site at www.citvotbrookivncenter.or�, and clicking on Mayor/ Council/ Commissions/ Charter, then Advisory Commissions. The membership roster is also availabte at this site and in the City Council Reference Book. Other attachments include: 1) Resolution Defming Duries and Responsibilities of the Brooklyn Center Planning Commission 2) Geographical distribution of current members and applicants. Budget Issues: There are no budget issues to consider. RESOLUTION NO. 87-87 RESOLUTION NO. 87-134 RESOLUTION NO. 92-134 RESOLUTION NO. 95-82 RESOLUTION DEFINING DUTIES AND RESPONSIBILIT'IES OF THE BROOKLYN CENTER PLANNING COMMISSION THEREFOR WHEREAS, the City of Brooklyn Center is promoting planning of development and redevelopment in the City; and WHEREAS, provisions for an advisory Planning Commission were established in Chapter 35 of the City Ordinances; and WHEREAS, as part of a movement towards standardization of the City Council advisory commission structure, Chapter 35 of the City Ordinances relating to the Planning Commission was amended on March 23, 1987; and WHEREAS, the City Charter provides for the establislunent of commissions to advise the City Council with respect to policy formulation for municipal functions and activities; and WHEREAS, it is desirable for the City of Brooklyn Center to continue the function served by the Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that there is hereby established within the City of Brooklyn Center an advisory Planning Commission with duties and responsibilities as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Planning Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to planning functions. Subdivision 3. PURPOSE: The general purpose of the Commission is to act in an advisory capacity to the City Council on issues related to comprehensive planning of land use and development, platting, rezoning and special use applications, plan approval, variances and appeals. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission are as follows: 1. Planninq a. Comprehensive Planning. -1- The Commission shall, from time to time, upon its own motion or i u on direction p of the City Council, review the Com rehensive I p Plan and by a majority vote of a11 members of the Commission recommend appropriate amendments to the City Council. Before recommending any such amendments to the City Council, the Commission sha11 hold at least one public hearing to consider the proposed amendment. The staff liaison to the Commission shall publish notice of the time, place and purpose of the heazing once in the official newspaper of the municipality at least ten (10) days before the date of the hearing. Furthermore, the staff liaison shall transmit copies of the proposed amendment to the City Council prior to the publication of the notice of hearing. Following the review and recommendation by the Commission, the City Council shall consider the proposed amendment and may, by resolution of two-thirds of its members, amend the Comprehensive Plan. b. Coordination with Other Agencies. In the performance of its planning activities, the Commission sha11 consult with and coordinate the planning activities of other departments and agencies of the municipality to insure conformity with and to assist in a development of the comprehensive rnunicipal plan. Furthermore, the Commission shall take due cognizance of the planning activities of adjacent units of government and other affected public agencies. c. Land Uses. The Commission shall, from time to time, review and report to the City Council on balance among Brooklyn Center land uses, and sha11 review existing land uses and kindred regulations, recommending any changes to the City Council (as outlined in the Brooklyn Center Year 2000 Committee Report). 2. Redevelonment The Commission shall, from time to time, upon its own motion or upon direction from the City Council, review and discuss a redevelopment policy for the City of Brooklyn Center, and make recommendations to the City Council with regard to redevelopment in the City. 3. Plattin� Before dividing any tract of land into two or more lots or parcels, an owner or subdivider shall, unless a variance is authorized, proceed under the provisions of Cha.pter 15 of the Ordinances of the City of Brooklyn Center. -2- 4. Rezonin� and Snecial Use Apnlications The Commission shall hear and review all applications for amendments to the Zoning Ordinance, hereinafter referred to as "Rezoning Applications", and applications for special use permits. The staff liaison to the Planning Commission shall maintain permanent files and records for each application to the Commission. The record for each application shall consist of a written application on a form provided by the municipality, the minutes of the Commission upon the heazing of the application, and the written recommendation of the Planning Commission. (See Section 35-210, Rezoning, and Section 35-220, Special Use Permits of the Ordinances of the City of Brooklyn Center.) 5. Plan Approval Every person, before commencing the construction or major alteration of a structure (except one and two family dwellings and buildings accessory thereto), sha11 submit information as set out in Section 35-23Q of the Ordinances of the City of Brooklyn Center. 6. Vaziances (Adiustmentsl and Anneals The Planning Commission shall serve as the Board of Adjustment and Appeals of the municipality. When acting as the Board of Adjustments and Appeals, the Planning Commission's recommendations shall be advisory to the City Council. The rules of pazliamentary procedure governing the conduct of Planning Commission meetings shall also govern the conduct of the meetings of the Planning Commission when acting as the Boazd of Adjustments and Appeals. The staff liaison to the Planning Commission shall act as the staff liaison to the Board of Adjustments and Appeals and shall maintain permanent files and records for each appeal, application or petition to the Board of Adjustments and Appeals. The staff liaison shall maintain a sepazate file for each application, petition, or appeal to the Board of Adjustments and Appeals and shall place in said file, the record pertaining to each proceeding which shall consist of the written application, petition, or appeal; a copy of the minutes of the hearing of the Board; and a copy of the written recommenda�ion of the Board. The Planning Commission, acting as the Board of Adjustments and Appeals, sha11 hear applica.tions for variances (adjustments) in accordance with Section 35-240 and appeals in accordance with Section 35-250 of the Ordinances of the City of Brooklyn Center. Subdivision 5. COMPOSITION: The Commission shall be composed of a Chaitperson and six (6) members, all of whom shall be appointed and serve as set forth in Subdivision 6. -3- Subdivision 6. MEMBERS METHOD OF SELECTION-TERM OF OFFICE- REMOVAL: Cha.iroerson: The Chairperson shall be elected by majority vote of the Planning Commission membership. The election sha11 be conducted at the Planning Commission's first regular meeting of the calendar year, or, in the case of a vacancy, within two regularly scheduled Planning Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Planning Commission membership. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Commission; 2. Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters relevant to planning and zoning; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Planning Commission of matters relevant to planning and zoning; 4. Provide liaison with other governmental and voluntary organizations on matters relevarit to planning and zoning. Vice Chairnerson: A Vice Chairperson sha11 be appointed annually by the Chairperson from the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office: Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office sha11 be staggered two-year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his or her term of office, a rnember shall continue to serve until his or her successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner stiffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. -4- Oualifications for Membershin: Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission, shall have been residents of said City for at least one year prior to their appointment, and shall r.epresent a broad range of interest in the planning function. Rerresentation ReQUirements: Due regard sha11 be given by the Mayor and City Council in appointing Comrnission members which will take into consideration geographical distribution within the City, as described in Subdivision 10, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups. Conflict of Interest: No Commissioner shall take part in the consideration of any matter wherein he or she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his or her interest might reasonably be expected to affect his or her impartiality. Resi¢nations-Removal from Office-Vacancies: Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Cornmission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City staff liaison shall inform the Mayor and City Council of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to a11 members of standing advisory commissions; 4. Applications for Commission rnembership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. -5- Comnensation: Commissioners shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and �conduct of business. Subdivision 8. MEE'TIl�1GS: Regular meetings sha11 be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. Subdivision 9. STAFF: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff inember assigned shall perform such clerical and research duties on behalf of the commission as may be assigned by the Chairperson or the City Manager. Subdivision 10. NEIGHBORHOODS: Neighborhoods Described: Southeast Neighborhood: The Southeast neighborhood shall be bordered on the south by the south city limits; on the east by the Mississippi River; on the north by FAI-94; and on the west by Shingle Creek. Northeast Neighborhood: The Northeast neighborhood shall be bordered on the south by FAI-94; on the east by the Mississippi River; on the north by the north city limits; and on the west by Shingle Creek. Northwest Neighborhood: The Northwest neighborhood sha11 be bordered on the south by FAI-94; on the east by Shingle Creek; on tlie north by the north city limits; and on the west by the west city limits. West Central Neighborhood: The West Central neighborhood sha11 be bordered on the south by County Road 10; on the east by Brooklyn Boulevard; on the north by FAI-94; and on the west by the west city limits. Central Neighborhood: The Central neighborhood shall be bordered on the south by County Road 10; on the east by Shingle Creek; on the north by FAI-94; and on the west by Brooklyn Boulevard. Southwest Neighborhood: The Southwest neighborhood shall be bordered on the south by the south city limits; on the east by Shingle Creek; on the north by County Road 10; and on the west by the west city limits. -6- �z�. !E/ il I! ._��i c �����"'I� r /�ik I �i E• i� '�1F� .f+ v J r�� 1 !-e�a.�.�*- l c I F� r �jr����" �'j� I f1 12''X' t ���t,�� .7� r R p C �c��-Fu+.�'f.ILiT 4¢, I �I""S�e"�Sl.ti� k3'1 r v2, J G ��I i J a J �w-5.� w,.�... �r' L__ ��t� r F ..�1.��ti:[�! y l. i J� y a CT r^ c 1 r ��E1y� 1 ��'1.i.F�..� f^ �`Yf~/��j �..A �����t�� i l r i �1_ .._i. ...-i`, r-� I t i ��spx u !P t 7.r.:tti' ��r..��, a L_ '�'i IL 1 k r �t F� :.y__'• ,.-,I! �Y 1 fl ..I i .e.r� .�1� T -IL n i F .v .t.-� -7 ti_ i. i�l.y t' ^,S"� 'L 1 i y r. r y -i J I f.. k?�;.�'�T r ti� I 'r t "n F Z*' f "�a,. �..i f I i F �..�a� �1�1..��3.�trri�lz I �f �tf� i 4 t �F�r ti} z�� S ��3�7� �r'� "°fi'-�S-� �Lri r 1 y ...J r �I n r E3i+ .r i S�S c� �.5 i�.. e� ti� i,�kk�'i� ��'_-1_.r` �---��.Cf3� �ii-._ a l r y- 7 T ks�� i t �Si [[11 y�, �3 f �1 ��r j a� Y rs i C �LiY"� I �k���`�� '.e.ae.��.. i r� a-. G YS .I.S.V. s i..T"Rn� .a i l i S'"' S'i��.� �t� 7' 3 y 1 4. 1 f3 f- r .�,i �e� I tj I t.i F ._.fSy�����f.:7��1C„7 r I '1�• ,t� 1_,= C�L�j� 4 f r �a��c�� �t .nk�!" ��e33���� !(t i I r�1 ;i�f�E�-" i, I� c�l t:�:; �{����t���.� �:Y,� �..J/��'•--'�- r:� rfi u r ..�'r ��f' y e r k v �'y�'I� �y. c'�.. l :����T'.I' ��y� t S 4 q-;` i `S 1 r*yT r Ta ,��i� �"f �.1 Ii E <f,J LF��ir`�^�r-�'�Lr E-.3�, 1�- r-� k` f'.�, FI� .�.��J y ���-�'-�i c c r f F� ����F �'iL._ 3' j'.. :�I i_ C_S 4 _Z -�:e�j i i." �s Cecitral Southeast r f.������� t=-`� Nor�F�easx Southwest 4� F f" L NortMwestQWest Cer�tral Commission Dis�ric� ��e City of Brookl n Center Y Planning Commission Geographical Distribution (Chairperson and Six Members) Current Members December 4, 2007 �c,�'i�a z s�� Neighborhoods Current Members Southeast Kara Kuykendall Della Young Northeast Gail Ebert Sean Rahn, Chair Timothy Roche Northwest Stan Leino West Central Rachel Lund Central Michael Parks Southwest One vacancy. .Y �.�`w r�+' s s COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk�9Ll��, DATE: December 5, 2007 SUBJECT: Mayoral Reappointments to City Advisory Commissions Recommendation: The enabling resolutions for the City Advisory Commissions outline that the members of the Commissions shall he appointed by the Mayor with majority consent of the Council. I recommend that the City Council ratify the Mayor's reappointments of the following persons to commissions with terms expiring as follows: Financial Comraission term to ezpire 12/311Z010 Philip Berglin Jessica Roerick Housing Commission term to expire 12/31/ZO10 Steve Landis Park and Recreation Commission term to ezpire 12/31/2010 Gail Ebert Muriel Lee Roger Peterson Planning Commission term to expire 12/31/2009 Rachel Lund Michael Pazks Timothy Roche Northwest Suburbs Cable Communications Commission term to expire 12/31/2008 Rex Newman Background: Several commission member terms on City advisory commissions will expire December 31, 2007. City staff liaisons to the commissions polled the members whose terms woutd expire to determine their interest in continuing serving on their respective commissions. A brief summary regarding the commission reappointments is atta.ched, including a table that indicates the geographical distribution by neighborhood of the current members of the commissions. Budget Issues: There are no budget issues to consider. Financial Commission The Financial Commission is composed of a chairperson and six members, with members serving a three-year term. On December 31, 2007, the Financial Commission terms of Philip Berglin and Jessica Roerick will expire. Mr. Berglin and Ms. Roerick wish to continue their voluntary public service on the Financial Commission for another three-yeaz term. Housing Commission The Housing Commission is composed of a chairperson and six members, with members serving a three-year term. On December 31, 2007, the Housing Commission terms of Kara Kuykendall and Steve Landis will expire. Ms. Kuykendall has applied for the Planning Commission and, if appointed, will serve as a member and let her term expire on the Housing Commission. Mr. Landis wishes to continue his voluntary public service on the Housing Commission for another three-year term. Park and Recreation Commission The Park and Recreation Commission is composed of a chairperson and six members, with members serving a three-year term. On December 31, 2007, the Park and Recreation Commission terms of Gail Ebert, Muriel Lee, and Roger Peterson will expire. Ms. Ebert, Ms. Lee and Mr. Peterson wish to continue their voluntary public service on the Park and Recreation Commission for another three-year term. Planning Commission The Planning Commission is composed of a chairperson and six members, with members serving a two-year term. On December 31, 2007, the Planning Commission terms of Rachel Lund, Michael Parks, and Timothy Roche will expire Ms. Lund, Mr. Parks, and Mr. Roche have indicated they wish to continue their voluntary public service on the Planning Commission for another two-year term. Northwest Hennepin Human Services Council Advisory Commission Northwest Hennepin Human Services Council Advisory Commission is composed of two members from each participating City, with members serving a two-year term. On December 31, 2a07, the Northwest Hennepin Human Services Council Advisory Commission term of Kimberley Meyer will expire. Ms. Meyer has submitted her resignation and the City is in the process of soliciting volunteers for the Commission, with a deadline to submit an application of December 17, 2007. Northwest Suburbs Cable Communications Commission The Northwest Suburbs Cable Communications Commission is composed of two representatives from each participating City, one of which is a representative of the City Council and the other a resident of the city, with members serving a one-year term. On Decemher 31, 2007, the Northwest Suburbs Cable Communications Commission term of Rex Newman expired. Mr. Newman wishes to continue his voluntary public service on the Northwest Suburbs Cable Communications Commission for another year. Ci of Brookl n Center y Financial Commission Geographical Distribution (Chairperson and Six Members) Current Members December 5, 2007 '���'i����d��'��,'i�������������",���1���.�_ ����'����i�����1��'�'��s Neighborhoods H���y Cnrrent Members Southeast Philip Berglin Mazk Nemec, Chair Jessica Roerick Susan Shogren Smith NortLeast Todd Boster N h ort west Gene Maze West Central Central Rex Newman Southwest No vacancies. City of Brooklyn Ce�nter Housing Commission Geographical Distribution (Chairperson and Six Members) Current Members December 5, 2007 Nei�hborhoads A��licant(s) Current Members Southeast Kara Kuykendall 3oshua Xiong Northeast Yolonde Lee Northwest Steve Landis West Central Kris Lawrence-Anderson Central Judy T'horbus, Chair Southwest Michael Johnson No vacancies. City of Brooklyn Center Park and Recreation Commission Geographical Distribution by Park Service Area (P.S.A.) (Chairperson and Six Members) Current Members December 5, 2007 Park Service Area A��licants Current Members P.S.A.1 Thomas Shinnick P.S.A. 2 Gail Ebert Roger Peterson P.S.A. 3 Bud Sorenson Muriel Lee Richard Theis P.S.A. 4 P.S.A. S John Russell City of Brooklyn Center Planaing Commission Geographical Distribution (Chairperson and Six Members) Current Members December 5, 200'7 Nei�hborhoods E ��`�rt'� Current Members Southeast Della Young Northeast Sean Rahn, Chair Timothy Roche Northwest Stan Leino West Central Ra.chel Lund Central Michael Parks Southwest One vacancy. '�✓11���.� ���"���r 4 City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor and City Council FROM: Curt Boganey, City Mana��� DATE: December 6, 2007 SUBJECT: Visit Minneapolis North Board of Directors Appointment/Nomination Recommendation: Per the December 3` special meeting discussion on the subject matter this issue has been placed on the agenda for December 10�', 2007. Background: On December 3` the City Council confirmed the appointrnent of Mayor Willson as the City appointed representative on the Board of Directors of Visit Minneapolis North. In addition there was further discussion regarding the ability of the City to nominate an additional person to be considered for a three yeaz term as an elected representative on the Board of Directors. The Mayor indicated he would do further research on the issue before the matter was considered at the December 10�' meeting. Budgetary/Fiscal Effect: There is no anticipated fiscal effect from this action. C: Jim Glasoe Judith Bergeland counciLmem.visilnorth.121007.doc 6301 Shingde Creek Parkway Recreation and Community Center Pfcone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 wwru. cityofbrooklyncenter. org City of Brooklyn Center A Millennium Community v MEMORANDUM TO: Mayor and City Council FROM: Curt Boganey, City h���� DATE: November 30, 2007 SUBJECT: Visit Minneapolis North Board of Directors AppointmentJNomination Recommendation: Per the worksession discussion on the subject matter and per the Mayor's request this issue has been placed on the agenda for December 3�, 2007. Background: On November 2b`� the City Council met in worksession to discuss the appointment and nomination process for Visit Minneapolis North Board of Directors. The Council consensus was that the Mayor would discuss the City Appointment position on the Board with inctunbent Myrna Kragness and a City appointment for next year would be made. It was also suggested that Judith Bergeland might be submitted for nominati.on as a Elected Representative vating member. Budgetary/Fiscal Effect: There is no anticipated fiscal effect from this action. C: Jim Glasoe Judith Bergeland council.mem.visitnorth.120307.doc 630I Shingle Creek I'arkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hadl TDD Number (�63) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 w ww.cityofbrooklyncenter.org City of �ro�oklyn Center A Millennium Community MEMORANDUM COUNCIIJEDA WORK SESSION DATE: November 21, 2007 TO: Brooklyn Center City CounciUEDA FROM: Curt Boganey, City Ma�m���� SUBJECT: Visit Minneapolis NorCh Appointments COUNCIL ACTION REQITIRED Tl� purpose of this agenda item is to review the new board of directors' membership requirements of current Visit Minneapolis North (canvention and visitors bureau) by- laws. BACKGROUND Currendy the City of Brooklyn Center has two voting members on the Board of Directors of VMN. They are Myrna Kragness the City appointee and Judith Bergeland, representing the Earle Brown Heritage Center. Beginning in January, the EBHC will no longer have a voting membership an the Board, but may be elected by the Board as a non-voting ex-officio member. Apparently, the City appointee has no term limit and serves at the pleasure of the City Council. So tb:e City may appoint, reappoint or allow ar representative to continue to serve until they choose to resign. The City may also nominate others to serve as elected members on the Board $s well. COUNCIL POLICY ISSUES The question before the Council is how dces the City wish to procced with representation on the VMN boazd of direetors in 2008 aad future years? worhsessiom.i tx6�7.vmn.aoc 6801 Shingde Creek Parkway Recreation a�d Communi.ty Cenfer Phone TDD Number Brookly�. Center, MN 55430-2I99 (788) 569-3400 City $atll TDD Number (768} 569-330D FAX (763) 569-3434 FAX (763} 569-3494 www.cityo fbrookdyncenter.org BY-r�aws V�sit Mvaneapolis North ARTICLE I OFFICE The principal and registered office of the Corporation shall be located within one of the cities whose lodging tax funds are administered by this Corporati.on. ARTICLE II NAME The Corporation shall do business under its corporate name, namely Visit Minneapolis North. ARTICLE III MEMBERS Section 1. Members of the Corporation The M�mbers of the Corporation sha11 be the following: (A) The Gities of Arden Hills, Anoka, Blaine, Brqoklyn Center, Brooklyn Pazk, Coon Rapids, Fridley, Ham Lake, Maple Crrove, Mounds View, and Shoreview wluch have passed a Lodgi.ng Tax Resolution for collection of Lodging Tax under Cha.pter 477A of Minnesota Sta.tutes and whose funds from such taxes are adavnistered by this Corporation. (B) Hotels an.d motels in such cities as set forth above. (C) The Following Chambers of Commerce: Anoka Area Chamber of Commerce Metro North Chamber of Cominerce North Hennepin Chamber of Commerce Twi.n Cities North Chamber of Commerce If at any time the area served by any Chamber of Commerce ceases to include land in any member city because of withdra.wal of that city or because the area served by the Chamber is alterecl or ameaded by merger, reorganization or otherwise, the membership of that Chamber may be terminated by maj ority vote of the Visit Minneapolis North Boazd of Diractors. Section 2. Voting Members Each Member City, Hotel or Motel, or Chamber of Commerce shall be entitled to be represented by one voting member at the Annual Meeting of the Members of the Corporation. 1 ARTICLE IV-BOARD OF DIltECTORS Section 1. Size of Board The number of Directors shall not be less than nine (9) nor more than thirty .(30), Section la. Board Responsibilities The govemment and policy-making responsibilities of Visit Minneapolis North sha11 i�e vested in the Boazd of Directors, which shall control its property, be responsible for its finances, direct its affairs and establish policy. It shall be the obligation of the Board of Directors to insure representa�ion on the Board and its committees from all a�propriate stakeholders wit�in its service area.. S�ection 2. Appointed Representation Each member City and each Chamber of Commerce may appoint one (1) Director to the Boazd of Directors. The term of any Director appointed by a member Gity or Chamber of Commerce shall immediately cease upon the termi.nation of inembership of that member City or Chamber of Commerce in the Corporation. Section 3. Elected Representation The other Directors shall be elected at the Annual Meeting of the Corpora.tion to be held during the month of January of each year. Section 3a. Ez-Officio Representation Ex-Officio Board Members may be appointed by a majority vote of the Board of Directors of the Visit Minneapolis North during a regulaz meeting. All Ex-Officio Board Members will receive natices of ineetings and minutes. Any Ex-Officio Boazd Member may participate in discussions, make motions, and serve on committee.s. Ex-Officio Board Members may not vote as a Board Member. Section 4. Nomination of Caadidates Candidates for election to the Board of Directors may be nominat� by any corpord.te Member. Names of candidates for election shall be submitted to the Secretary of the Corporation by the 15�' day of December each yeaz. Section 5. Terms Term of office for Directors shall be thre� (3) yeazs. Elected Directors may be re-elected to serve a maximum of two consecutive three (3) year terms. Section 6. E�tended Terms 'I1ie Directors, by a two-thirds (2/3) vote at a regular meeting may elect a D'uector for a longer term of the office. That election must be confirined. by the Members of the Corporation at their ne� annual meeting. Section 6a. Officers in Snccession Any Officer elected into succession shall be extended their regular term or consecutive terms as a Director until the obligations of such positions aze fulfilled. 2 axTTCi,E v o�zcERs Section 1. Composition The officers of this Corporation shall be President, one or more Vice Presidents, a Secretary, a Treasurer, and a Chairman of the Board, who ordinarily will be the ixnmediate past gresident of the Corporation. Section 2. Election of OfScers Officers shall be elected annually for terms of one (1) year hy the Board of Directors immediately following the Anaual Meeting of the Members. ARTICLE VI DUTIES OF OFFICERS Section 1. President The President shall be chief executive officer of the Corporation, shall have overall supervision of the business of the Corporation, and shall direct the affairs and policies of the Corporation, subject to such policies and directions as may be provided by the Boazd of Directors. The President shall preside at all meetings of the Boazd of Directors, as well as at Executive Commit�ee meetings. Section 2. Vice President Vice President(s) sha11 exercise and perform the duties of the President, in the President's absence and/or inability to serve. Vice President(s) shall atso have such powers and shall perform such duties as ma.y be assigned to them by the President or the Board of Directors. Section 3. Secretary The SecretarX shall attend all meetings of the Members, Board of Directors and Executive Committee. The secretary shall keep proper mi.nutes of such meetings, give all required notices, keep membership records, and shall perform such other duties as may be assigned by the Boazd of Directors. Section 4. Treasurer The Treasurer shall have charge and custody of ali funris of the Corgorazion. The Treasurer shall keep an accurate account of all receipts and disbursements, deposit all monies in the nazne of the Corporation in such banks or depositories as the Board. of Directors shall designate, disburse funds of the Corporation as directed hy the Boazd of Directors and perform such other duties as may be assigned by them. Section 5. Chairmaa af the Board The Chairman of the Board shall serve on the Executive Committee, assist the President, preside at the next annual meeting of the Corporation, �and perform such duties and functions as may be assigned by the President or suggested by the Board of Directors. 3 ARTICLE VII COA�IlVIITTEES Section 1. Eaecutive Committee The Executive Committee consisting of the Officers set forth above, and one or more additional members as the Board of Directors may determine, will function and carry out Board duties and responsibilities between Board of Directors meetings, subject to the direction and control of the Baard of Directors. Section 2. Others Other Committees may b�e appointed by the President, and/or the Board of Directors as needed.. ARTICLE VIII EXECUTIVE DIRECTOR The Boazd of Directors shall hire a full time Chief Operating Officer to be named Executive Director. Such person shall be responsible for the day-to-day functioning af the Corporation and may be entrusted with the duties and responsibilities of any of the officers, as determined by the Board of Directors. The Executive Director shall be a non-voting, Ex-officio Member to the Corporation(s) Board of Directors. ARTICLE IX MEETINGS Section 1. Annual Meeting A meeting of Members sha11 be held during January of each year at a time and place set by the Boazd of Directors. Section 2. Regnlar Meetings The Board of Directors shall meet at least quarterly at a time and place selected by the President of the Corporation. Section 3. Ezecutive Committee Meetings The Executive Committee shall meet monthly at the ca11 af the President, and at such other tirnes that the business of the Corporation.requires. Section 4. Notice of Meetings Notice of Boazd of Director Annual Meetings shall be distributed to each member af least iwo (2) weeks before the meeting date. Notice of Board of Director meeting shall be distributed to Directors at least ten (10) days before the meeting date. Notice of Executi�e cominittee meetings sha11 be distributed to committe� members at least five (5) days prior to the meeting. 4 i ARTICLE X NOTICE OF MEETINGS Section 1. Whenever, under the pravisions of M'uinesota Statutes, the Articles of Incorporatian or. these By-Laws, notice is required to be given to a Me,mber, a Director or a member of a committee, such notice may be given in writing by depositing it in the United S#ates mail (first class postage prepaid) or by eleetronic mail (Email), telefax or by delivering it to a telegraph company (charges prepaidj for transmission addressed to such person as his or her address appears on the books of the Corporation or at ius or her business address. Notice sha11 be deemed at the tim.e it is deposited in the United States naail or sent by Email, telefax or delivered to the telegraph company. Such requirement for notice shall be deenned satisfiad., except where written notice is required by law, if actual notice is received orally or in written form by the person entitled thereto as far in advance of the event with respect to which notice is given as the minimum notice p�riod req�lired by law or these By-Laws. Section 2. Waiver of Notice. Whenever any notice is required ta be given by Minnesota. Statutes, the Articles of Incorporation, or these By-Laws, a waiver thereof in writing signed by the persoa or persons entitled to such notice, whether before, or after the time stat� ther�in, shall be deemed equivalent thereto. Attendance by such a person at a meeting shall constitute a wa.iver of noti�e of such meeting, except when the person attends a meeting for the express pur�wse of objectang, at the begirming of the meeting, to the transaction o€ any business because the meeting is not lawfuffy called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting or the Members, Directors or cammittee members need be specified in any written waiver of notice unless so required. by statute. Any meeting of Members of the Boazd of Directors or of a committee of the Board shall be a legal meeting without any notice thereof having been given if all Members, all Directors or all committee members, as the case may be, aze present. ARTICLE XI SPECIAL MEETINGS Section 1. Special meetin.gs of the Boazd of Directors may be called by the President, and shall be called upon written demand of any three (3) Directors addressed to the Presiden�, to the Secretary or to the Executive Director, stati.ng the object or purpose thereof. Notice of such meeting shall be mailed to each Director at least five (5} days before the date on which the meeting is to be held. The notice shall state the time, place and purpose of the meeti.ng. The same provisions shall apply to Special Meetings for Members of the Corporation. 5 ARTICLE I�iIII OUORUMS A majority of all Members or of all Directors, as the case may be, shall constitute a quorum for the purpose of transacting business at any annual, regular or special meeting. In the absence of a quorum, a majority of the Members or Directors present may adjourn the meeting, w�thout the notice other than announcement at the meeting until a quorum is presen� The Members or�I?irectors present at the meeting at which a quorum is present may continue to transact business until adjoununent, notwithstandi.ng the withdrawal of enough Directors to leave less thau a quonun. ARTICLE I�II VOTING BY PROXY A member, •director, offic.er or committee member may vote by proxy if the authorization form belaw is signed and delivered to the President or Executive Director prior to the meeting. For a committee, the proxy may aLso be given to the cornmittee chairperson. PROXY I, hereby authorize to vote in my place and stead at the meeting of Members, Directors, Execu�ive Comm.ittee, other committee, to be held on the day of (Month) (Yeaz) Signature (Underline which group meeting) ARTICLE XIV ACTION WITHOUT MEETING Unless otherwise restricteti by Minnesota Statutes or the Articles of Incorporation, any action of Members, Directors, or of any comm.ittee thereof, may be taken without a meeting if a written consent th�reto is signed by all members, all Directors or committee members and such written consent is filed with the minutes of the meeting of Members, Directors or committee, as the case may be. ARTICLE XV CONTRACTS. CHECKS. DRAFTS. BANK ACCOUNTS. ETC. Secfion L Contracts, etc. How Executed. Except as otherwise provided in these By-Laws, the Boazd of Directors may authorize any two (2) officers of the Corpora.tion to enter into any contract or execute and deliver any instrument in the name of or on behalf of the Corporation. Such authority may be general or confined to specific instances. Unless s� authorized by the Board of �Directors, no officer shall have any power or authority to bind the Corporation by any contract or engagement or to pledge its credit or to render it liable peculi�rly for any purpose or for any aznoun� 6 Section Ia. The Corporation must exercise a bid or request for proposal process on projects which exceed dollaz amounts determined by the Executive Committee. Section 2. Loans. No loan shall be contracted on behalf of the Corporation and no negotiable paper shall be issued in its name unless authorized by the Board of Directors. VJhen so authorized, any two (2) officers of the Corpora.tion may execute and deliver pmmissory notes or other evidence of indebtedness of the Corporation, and as security for the payment of loans, advances, and liabilities of the corporation, any mortga.ge, pled.ge, or transfer teal or personal property held by the corporation. Section 3. Chacks, Drafts, Etc. All checks, drafts, or orders for the payment of money issued in the name of the Corporation shall be signed by one (1) or more officers of the corporation in such manner as authorized. by the Board of Directors. Section 4. Deposits. All funds of the Corpora.tion shall be deposited to the credit of the Corporation under such conditions and in such banks, trust companies, or other depositories as the Boazd of D'uectors may designate. Section 5. Conflicts of Interes�t. No Officer or Director of this Corporation shall serve i.n a capacity and/or vote on matters of the Corporation which may directly involve or benefit said Officer or Director. ARTICLE XVI OFFICER REMOVAL RESIGNATION Section L Any officer may be removed either with or without ca.use by a twathirds (2/3) vote of the whole Board of Directors. Section 2. Any officer may resign at any time by givi.ng written notice to the President, Secretary, or Executive Director of the Corporation. Such resignation shall take effect on the date of the receipt of such notice or any later time specified therein. ARTICLE XVII DIRECTOR RESIGNATION REMOVAL Section 1. Any Director may re,sign at any time by giving written notice to the President Secretary, or Executive Director of the Corporation. Such resignations shall take effect on tb.e date of the receipt of such noti.ce or at any ti,me specified in the resignation. The acceptance of such resignation shall not be neeessary to make it effective. 7 Section 2. The Boazd of Directors, by twathirds (2/3) vote of the entire Board, at any regular meeting or at a special meeting called for that p�xrpose may remove a member of the Boazd of Directors with or without cause, pmvided that requisite notice is given of the pending removal. Section 3. All vacancies of the Board caused by death, resignation, or removal shall be filled for the unexpired portion of the term by action of the Boazd of Directors. Section 4. Absenteeism: The Boazd of Direators, by twathirds (213) vote of the entire Board, at any regulaz meeti.ng or at a special meeting called for that purpose may�remove a member of the Board of Directors with or without cause, due to that member having two (2) or more unexaused absences from meetings annually. ARTICLE XV,IIi BY-LAWS AMENDMENTS Amendments to these B3�-Laws may be adopted by Board of Directors �at any meeting of the Board calied for the pwpose, and upon a two-thirds {2/3) affiimative vote. At Ieast ten (10) days' aotice shall be given to Board members together with a copy of the proposed amendments. ARTICLE XI� FISCAL YEAR The fiscal year of the Corporation shall begin on January 1 of each yeaz and end on December 31 of each yeaz. It shall be the responsibiiity of the Boazd of Directors to adopt a bud.get far the forthcoming fiscal year. It sha11 be the responsibility of the Executive Director and Treasurer to refrain from engagi.ng in or completing any action of any kind whatsoever which may result in the Corporation exceeding total budgeted expenditures for tha.t fiscal year without first advising the President regarding the nature of the probable excess and having secured from the Board of Directors authorization to proceed.. ARTICLE XX-INSURANCE Each Director and Offcer whether or not then in office, shall be indemnified by the Corporation against costs and expenses reasonably incurred by him/her in connection with any action, suit or proceedi.ng in wluch he/she may be involved by reason or hisJher being or having beea a Director or Officer of the Corporation, except in relation to matters as to v�vrhich he/she be finally ad.judged in any such action, suit or proceeding in which he/she may be involved by reason of his/her being or having b�een a Director of Officer of th� Corporation, except in relation to matters as to which he/she shall be finally adjudged in any such action, suite ar proceeding to be or to have been derelict in the performance of hisltier duty as such Director or Officer. The foregoing right of indemnifica.tion shall not be exclusive of the rights to which a Director or Officer may be entitled.as a matter of law. 8 ARTICZE XXI FINANCIAL ACCOUNTING AND REPORTING, The Officers of the Corpora.tion and particularly the Executive� Director shall adhere to all requirements set forth in Minnesota Statutes 477A relating to funds received from city lodging taxes, as well as the respective cities' accotwti.ng and reporting requirements. ADOPTION The foregoing By-Laws of Visit Minneapolis North were duly amended and approved by ma.jority vote of the Board of Directors during the regulaz Meeting of the Visix Minneapolis North Boazd of Directors, December 20, 2006. 9 .,f e��� r t: r r 7 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Directo DATE: December 3, 2007 SUBJECT: RESOLUTION SETTING 2008 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES Recommendation: It is recommended that the City Council consider adoption of the atta.ched resolution setting the 2008 employer benefits contribution for full-time non-union employees. Background: Annually the City reviews the premium increase for health insurance coverage for employees. The 2008 average increase was approximately $38.00 per month. In recent history, when possible, the average increase amount has been split between the City and the employees. For 2008 it would result in an increase of approximately $19 to the City's benefit contribution. The total recommended employer benefits contribution for 2008 is $751 per month. Budget Issues: Sufficient funds have been budgeted in the 2008 budget. Member introduced the following resolution and moved its adoption: RESOLUTION 1V0. RESOLUTION SETTING 2008 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES WHEREAS, the City Council annually reviews the benefit contriburion that is used to provide insurance benefit assistance to Ciry employees; and WHEREAS, the City has reviewed its contribution to assist in the payment of health insurance premiums and determined that an increase in the City's contribution for 2008 is warranted; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City's contribution for regulaz, full-time non-union City employees for the calendar year 2008 shall be set at $751.00 per month including the cost of $10,000 in life insurance coverage. Date May�r 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. v .,H�. F a COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Directo DATE: December 3, 2007 SUBJECT: RESOLUTION SETTING 2008 EMPLOYER BENEFITS CONTRIBUTION FOR NOE LOCAL 49 (PUBLIC WORKS MAINTENANCE) Recommendation: The City negotiated in good faith with Local 49 for 2008 health insurance contributions. It is recommended that the City Council consider adoption of the attached resolution setting the 2008 employer benefits contribution for IUOE Loca149 (public works maintenance.) Background: The last negotiations with NOE Loca149 resulted in a two year agreement leaving open the 2008 city insurance. contribution. The city has recommended an increase of $19 per month for non represented employees and is recommending the same for the NOE Loca149. The 2008 average increase was approximately $38.00 per month. In recent history, when possible, the average increase amount has been split between the City and the emplayees. For 2008 it would result in an increase of approximately $19 to the City's benefit contribution. The total recommended employer benefits contribution for 2008 is $751 per month. Budget Issues: Sufficient funds have been budgeted in the 2008 budget. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE MEMOR.ANDUM OF UNDERSTANDING FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CTTY OF BROOKLYN CENTER FOR 2008 INSURANCE CONTRIBUTION WHEREAS, the City has negotiated in good faith with Loca149 (Public Works) for a Memorandum of Understanding for health insurance contribution for 2008. WHEREAS, attached hereto and incorporated herein by reference as Exhibit "A" is a proposed Memorandum of Understanding; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center approves the attached Memorandum of Understanding with Local 49 (Public Works) effective January 1, 2008 December 31, 2008 set forth as Exhibit "A" and the Mayor and City Manager are hereby authorized to execute the document on behalf of the City of Brooklyn Center. Date Mayor ATTEST: City Clerk The moNon for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favar thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. EXHIBIT �A" MEMORANDUM OF UNDERSTANDING Health Insurance Contribution The City of Brooklyn Center and IOLTE Local #49 (Public Works Employees) are parties to a labvr agreement. The City of Brooklyn Center and IOUE Loca149 agree to amend Article 25 of the collective bargaining agreement and add the following language in regards to the city's insurance contribution for 2008. ARTICLE 25 Insurance 25.1 2008 Full-time employees Effective 1/1/08, the Ciry will contribute payment of seven hundred fifty-one dollars ($751.00) per month per employee for use in participating in the City's insurance benefits. 25.2 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use in participaring in the City's insurance benefits. The Memorandutn of Understanding is in effect January 1, 2008 December 31, 2008. This Memorandum of Understanding is entered into this day of 2007. For the Ci o Brookl n Center: For IUOE Loca149: h' .f Y �s COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Director DATE: December 4, 2007 SUBJECT: RESOLUTION SETTING SALARIES FOR CALENDAR YEAR 2008 Recommendation: It is recommended that the City Council adopt the resolurion setting salaries for calendar year 2008. Background: SecNon 2.07 of the City Charter requires that the City Council shall fix the salary of all employees of the City. Generally speaking, the City employs three different sets of employees, union, non-union and city manager. Union em lo ees encom ass the vast ma'ori of ublic works and olice de artment P Y P l h' P F P employees. Salaries and wages for these employees are established through the collective bargaining process. We will be negotiating with LELS Local 86 (Sergeants and Lieutenants) for the year 2008. Both LELS Local 82 (Police Officers) and IUOE 49 (Public Works Maintenance) settled their previous contracts through 2008 for 3.25%. The action before you relates to the wages and salaries of the eighty-three �83) non-union full time employees working for the City. These at-will employees have no contract and rely upon the actions of the City Council through policy to assure reasonable working conditions, salaries and wages that are competitive in the market place. The City has established a pay plan that conforms with the requirements of the 1984 Pay Equity Act which applies to public employers. The steps and ranges of each position in the plan are established to assure internal equity and market competitiveness. Using the nine cities identified in Council Policy 2.05.3A as reasonable for wage comparison purposes our goal over the years has been to maintain salary and wage rates that are comparable with similar jobs and positions within these Cities while attracting and retaining the most capable employees. Based on the feedback provided from the nine cities reporting we expect that the average salary increase in the comparison cities will be 3.04% Budget Issues: The proposed budget will support the proposed 3% pay plan adjustment provided by the resolution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SETTING SALARIES FOR CALENDAR YEAR 2008 WHEREAS, Section 2.07 of the City Charter for the City of Braoklyn Center requires that the City Council shall fix the salary of all officers and employees of the City; and WHEREAS, the 1984 Pay Equity Act as adopted and amended by the Legislature requires every political subdivision of the State of Minnesota to establish "equitable cornpensation relationships" between its employees; and WHEREAS, the City Council has reviewed the 2008 Full-time Employee Pay Plan; and WHEREAS, an individua.l employee's movement through their respective pay schedule reflects a progression in corresponding levels or improved job performance; and NQW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center that it hereby sets wages, salaries for the calendar year 2008 by adoption of the attached Pay Plan and allows the City Manager to set appropriate increases to the part-time schedule consistent with other employee groups, which the City Manager shall be authorized to pay. BE IT FURTHER RESOLVED that the City Manager may reclassify, adjust, add and/or delete position(s) to pay grades in the Pay Plan(s) but is limited to authorizing increases due to Pay Equity Act compliance and by the Annual Budget constraints adopted by the City Council; and BE IT FURTHER RESOLVED that the 2008 Full-time Pay Plan is approved and adopted because it is in general an equitable pay plan for City Employees; however, parts of the Pay Plan are approved and adopted solely for the purpose of compliance with the manda:tes of Minnesota Statutes, Section 471.999; that adoption of the Pay Plan shall create no vested rights, terms or conditions of employment or entitlement to any given level of compensation far any ernployee or group of employees; that the Pay Plan shall be subject to continuing review and reconsideration and may be amended. from tirne to time by the City Council; and BE IT FURTHER RESOLVED that the City Manager be authorized to employ full and part-time and/or temporary employees as may be necessary, and to establish competitive rates of pay for such help consistent with the 2008 budget appropriations and to make interim appointments to fill vacant positions whenever a position is vacant because a regular employee is on leave of absence, vacation leave, sick leave, or is absent for any other reason, and to establish rates of pay for such appointments consistent with the 2008 budget appropriations; and RESOLUTION NO. BE IT FURTHER RESOLVED that authorized wage adjustments, not to exceed the maximums contained herein, shall become effective January 1, 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. PaY P� resolution 2008 i Cty of Brooklyn Center 2008 Pay Plan Full-Time Employees i City of Brooklyn Center 2008 Employee Pay Plan Table of Contents Contents Pa e Positions 1 2008 City Manager Department Head Pay Plan 4 2008 Confidential Supervisory Employee Pay Plan 5 2008 Supervisory Exempt Pay Plan 6 2008 Non-Organized Exempt Pay Plan 7 2008 Non-Organized Non-Exempt Pay Plan 8 2008 Local #49 (Maintenance} Pay Plan 9 2008 LELS Local #82 (Police Offieers) Pay Plan 10 2007 LELS Loca1 #86 (Lieutenants/Sergeants) Pay Plan 11 Z008 CitW of BrooklWn Center Reaular Full-Time Positions CITY MANAGER'S OFFICE City Manager 1 Contract Yes-Exec Assistant to the Ciry Manager 1 No Yes-Exec City Clerk 1 No Yes-Adm Human Resou�ces Director 1 No Yes-Adm IT Director 1 No Yes-Adm ITIGIS Technician 1 No No Administrative Specialist 1 No No Deputy City Clerk 1 No No Customer Service Representative 1 No No Finance Technician (Payrotl) 1 No No COMMUNITY DEVELOPMENT DEPARTMENT Director of Community Development 1 No Yes-Exec Planning and Zoning Specialist 1 No Yes-Adm Community Development Specialist 1 No Yes-Adm Building Official 1 No Yes-Adm Building tnspector 1 No No Housing/Building Inspector 1 No No Code Enforcement Inspector 2 No No Community Development Secretary 1 No No Permit Technician 1 No No Assessing Division Assessor 1 No �Yes-Exec Appraiser I 1 No No Appraiser Technician 1 N� No FISCAL AND SUPPORT SERVICES Director of Fiscal and Support Services 1 No Yes-Exec Assistant Director of Finance 1 No Yes-Adm Staff Accountant 1 No Yes-Adm Utilities Technician II 1 No Na Accounting Technician II 1 No No Liquar Stores Division Liquor Operation Manager 1 No Yes-Exec Liquor Store Manager 2 No Yes-Adm Liquor Store Office Assistant 1 No No 1 FIRE DEPARTMENT Fire Chief/Emergency Management Coord. 1 No Yes-Exec Fire Administrative Technician 1 No No POLICE DEPARTMENT Chief of Police 1 No Yes-Exec Police Lieutenant 3 L#86 Yes-Adm Police Sergeant 5 L#86 No Police Officer 37 L#82 No Support Services Manager 1 No Yes-Adm Crime Analyst 1 No No Crime Prevention Specialist 1 No No Property Room Technician 1 No No Police Administrative Assistant 1 No No Lead Police Records Technician 1 No No Police Records Technician 3 No No Sfation Services O�cer 3 No No PUBLIC WORKS DEPARTMENT Dire�tor of Public Works/City Engineer 1 No Yes-Exec Engine�ring Technician IV 1 No No Engineering Technician !tl 4 No No Engineering Secretary 1 No No Streets and Parks Division Deputy Director of Public Works 1 No Yes-Exec Supenrisor of Streets and Parlcs Maintenance 1 No No Crew Leader 3 L#49 No Maintenance 11 12 L#49 No Central Garage Division Mechanic 3 L #49 No Night Service Person 1 L#49 No Central Garage Administrative Technician 1 No No Public Works Administrative Technician 1 No No Public Utilities Divislon Supervisor of Public Utilities 1 N� Yes-Adm Crew Leader 1 L#49 No Maintenance II 5 L#49 No 2 COMMUNITY ACTIYITIES, RECREATION SERVICES Director of Community Activities, Rec. Serv. 1 No Yes-Exec Program Supervisor 3 No Yes-Adm Goif Course Grounds Supervisor 1 No Yes-Adm Recreation Secretary 1 No No Recreation Clerk 1 No No Earle Brown Heritage Center Division EBHC Manager 1 No Yes-Exec EBHC Maintenance Supervisor 1 N� Yes-Exec EBHC Crew Chief 2 No No EBHC Sales Director 1 No Yes-Exec EBHC Salesperson 2 No Yes-Adm EBHC Maintenance Custodian 2 No No EBHC Secretary 8 Billing Clerk 2 No No Government Buildings Division Maintenance Supervisor 1 No Yes-Exec Maintenance Custodian 2 No No Lead Custodian 1 No No Custodian 4 No No 3 2008 City Manager and Department Head Pay Plan Exempt from overtime (not eligible for overtime) 1 /1 /08 City Manager: Salary pursuant to emqlovment contract Director of Fiscal8 Support Services Annual .88�866 109,832 Chief of Police Annual 88,866 109,832 Direator of Public Works/City Engineer Annwal 88 866 109,832 Director of Community Development Annual 75,530 93,279 Fire Chief Annual 75 290 92 877 Community Activlties, Recreation, Annual 74,610 92,146 8 Services Director The City Manager is authorized to set salaries within the established ranges. This schedule reflects a 3% increase January 1, 2008 4 2008 ConfidentiaUSupervisory Full-time Employee Pay Plan i 111 /OS Exempt from overtime (not eli ible for overtimej r CS21 Mnual 54,105 56,810 59,651 fi1,142 62,671 64,237 65,843 City Clerk This schedule provides a salary range for supervisory empioyees in confidential �sitions. The schedule reflects all current salary ranges for this group and provides for a 3% increase January 1, 2008. This employee group is exempt from overtime under FLSA. Normal progression: Minimum is the starting rate. After successTul oompletion of six months of a probationary period, individuals move to the next step. After eighteen months of successful performance of job duties, individuals move to the next step. Additional advances in steps up to the maximum shall be at the discretion of the City Manager based upon recommendation of the Department Head. City Manager's Discretion: The City Manage� is authorized to set saiaries betow the minimum rate when performance or qualifications are less than required for the posiaon. The City Manager is authorized to set salaries above the minimum rate wMen qualifications exceed those required for Me starting rate. i 5 2008 Supervisory Full-time Pay Plan Exempt 1l1l08 Exem t trom overt'sme (noi elipib{e for ovartime) S33 City Assessor Annual 72,776 76,415 80,235 82,241 84,297 86,405 88,565 Human Resources Direclor IT Director S29 Uquor Operations Manager Annual 65,931 69,228 72,689 74,506 76,369 78,278 80,235 EBHC Manager v� S20 SupportServicesManager Annual 52 ,793 55„433 58,204 59,659 61,151 62,680 64,247 This schedule provides safary ranges for supervisory employees. The schedule reflects ali current salary ranges tor this group and pcovides for a 3% increase January 1, 2008 This group of empioyees is exempt from overtime u�der FLSA. Normal progression: Minimum is the starting rate. Atter successiul completion of six months of a probationary period, individuals move ta the next step. After eighteen months of successful pertormance of job duties, individuals move to the next step. Additional advances in steps up to the maximum shall be at the discretion of the City Manager based upon recommendation of the Department Head. City Manager's Discretion: The City Manager is authorized to set salaries below the minimum rate when perfwmance or qualifications are less than required for the positfon. The City Manager is authorized to set salaries above the minimum rate when qualifications exceed those required for the starting rate. 6 2008 Non-Organized Full-time Employee Pay Plan Exempt 7/1/08 Exempt from overtime not eti ible for overtime) C31 Dep. Pub. Works Dire�or Annual 69,110 72,566 76,194 78,099 80,051 82,052 84,104 C30 Asst to tt�e City Manager Annual 67,424 70,796 74,335 76,194 78,099 80,051 82,052 C27 �sistant Finance Director Annual 62,610 65,741 69,028 70,753 72,522 74,335 76,194 SupeNisor PubliC Utilities C25 eui�ding Offidal Annuai 59,593 62,573 65,702 67,344 69,028 70,753 72,522 Comm. Dev. Specialist PlanninglZoning Specialist C22 Accountant Annual 55,338 58,105 61,011 62,536 64,099 65,702 67,344 C20 Rec. Program Superv�sor Annual 52,672 55,3Q5 58,071 59,522 61,011 62,536 64,099 EBIiC Mairit. Supervisor C18 EBHC Sales Director nnnuat 50,134 52,640 55,273 56,654 58,071 59,522 61,011 C16 MaintenanceSuperv�sor Annusl 47,718 50,104 52,6Q9 53,924 55,273 56,654 58,071 liquor Store Manager C12 EBHC Salesperson Annuai 43,230 45,392 47,661 48,853 50,074 51,326 52,609 Cg GafCourseSupervisor Annuai 39,t64 41,123 43,179 44,258 45,365 46,499 47,6B1 This sc�edule provides a salary range fw non-organ¢ed employees in ezempt positions. The schedule reflects all current salary ranges (or ihis group and provides fo� a 3� increase January 1, 2008. 1'his employee group is exempt from overtime under FLSA. Namal progression: Minimum is tt�e starting rate. After sucoessful completion oF six months of a probationary period, individuals move to the next step. After eighteen months of successful pertortnance of job duties, individuals move to the next step. Additional advances in steps up to the ma�dmum shall be at the discretion of the City Manager based upon recommendation of the Department Head. City Managers Discr�edon: The Gly Manager is authorized to set salaries below the minimum rete when performance or ualifications are less than r uired for fhe sition. The C' Nlana er is authorized to set salariss above the 4 nY po 9 minimum rate when qualifications exceed tFwse required for the starting rate. Merit Steps: Merit steps up to ten per�nt above the maximum rate shall only be awarded with the express approval of the City Council as recommended by the City Manager. 7 2008 Non Full Employee Pay Plan Non 1 /1 /08 lon exempt (eliqible for overtime) =E��� �t�p St��; ��r���p ��tep ����K �5����� I [.F ,l 5.1�. .....�y�/.a��� El�. .r.�.., !7 R7 r r ri D37 Engineering Tech IV Hourly 27,$02 29.192 30.652 31.418 32.203 33.009 33.834 Supervisor Streets Parks I D33 I IT/GIS Technician I Hourly 25.187 26.447 27.769 28.463 29.175 29.904 I$ 30.652 I D31 Building Inspector I Hourly 23.974 I$ 25.172 26.431 I$ 27.092 27.769 28.463 29.175 D30 Housing Inspector Hourly 23.389 24.558 25.786 26.431 27.092 27.769 28.463 Code Enforcement Inspector Appraiser I I D27 I Engineering Tech III I Hourly I$ 21.719 I$ 22.805 I$ 23.945 I$ 24.544 I$ 25.157 I$ 25.786 I$ 26.431 p25 IAppraiser Technician I Hourly I$ 20.672 I$ 21.706 22.791 I$ 23.361 23.945 24.544 I$ 25.157 D24 Maintenance Custodian Hourly 20.168 21.177 22.235 22.791 23.361 23.945 24.544 Crime Analyst Crime Prevention Specialist I D29 I Fire Adm. Technician Hourly I$ 18.728 I$ 19.665 I$ 20.648 I$ 21.164 I$ 21.693 I$ 22.235 I$ 22.791 D20 Deputy City Clerk Hourly 18.271 19.185 20.144 20.648 21.164 21.693 22.235 Administrative Specialist Finance Technician Police Adm. Assistant I p� g IAccounting Technician II I Hourly I$ 17.391 I$ 18.260 19.173 19.653 I$ 20.144 I$ 20.648 I$ 21.164 D17 Central Garage Adm. Tech Hourly 16.967 17.815 18.706 19.173 19.653 20.144 20.648 Comm. Dev. Secretary EBHC Sec./Billing Clerk EBHC Maint. Custodian Engineering Secretary Police Records Technician Recreation Secretary Utilities Technician II Fire Adm. Tech. Property Technician Station Service Officer D16 Permit Technician Hourly 16.553 17.381 18.250 18.706 19.173 19.653 20.144 I D14 I Public Works Adm. Tech I Hourly I$ 15.755 I$ 16.543 I$ 17.370 17.804 I$ 18.250 I$ 18.706 I$ 19.173 D13 EBHC Sec./Receptionist Hourly 15.371 16.140 16.947 17.370 17.804 18.250 18.706 Cust. Service Representative Liquor Store Office Assistant Recreation Clerk Lead Custodian I pg I EBHC Crew Chief I Hourly I$ 13.586 14.265 14.978 15.353 15.737 16.130 I$ 16.533 Ipg ICustodian I Hourly i$ 12.931 13.578 14.257 14.613 14.978 15.353 15.737 Communit Service Officer Hourl D1 Y y 11.429�$ 12.001 12.601 12.916�$ 13.239�$ 13.570�$ 13.909 This schedule provides a salary range for non-organized employees in non-exempt positions. The schedule reflects all current salary ranges for this group and provides for a 3% increase January 1, 2008. This employee group is not exempt from overtime under FLSA. Normal progression: Minimum is the starting rate. After successful completion of six months of a probationary period, individuals move to the next step. After eighteen months of successful performance of job duties, individuals move to the next step. Additional advances in steps up to the maximum shall be at the discretion of the City Manager based upon 8 recommendation of the Department Head. II 2008 IUOE Local 49 Employee Pay Plan 111/08 Non-exempt e' ibleforovertime Maintenance III Hourly 23.57 23.75 Maintenance II Hourly 22.68 22.85 Step 3 Hourly 21.10 21.26 5tep 2 Hourly 19.57 19.72 Step 1 Hourly 18.02 18.16 Start Hourly 16.48 16.60 Mechanic Hourly 23.61 23.79 Night Service Person Hourly 22.68 22.85 This schedule provides a salary range consistent with the I�or agreement. Crew Leader. An employee assigned, in writing by the Department Head or Public Works Superintendent, to assist a supervisor as a crew leader wili be paid an additional $1.50 per hour above the base wage of their regular positlon. The current agreement extends through December 31, 2008. i 9 ��08 Police Officer Pay Plan (LELS Loc�l 82j January 1, 2008 g vL ,u•. w ��s'� r �Potice Officer LEL3P1 $21.398 LELSP2 I$24.859 I I I 1 I I I LELSP3 I$ 27.062 I$ 27.690 I$ 28.169 I LELSP4 29265 29.893 30.372 LELSPS I$ 31.468 I$ 32.096 1$ 32.575 I$ 33.574 I$ 34.202 I$ 34.681 I$ 32.622 I$ 33.250 I$ 33.729 July 1, 2008 Police Officer LELSP1 21.558 LELSP2 I$ 25.046 I I I I I I (LELSP3 I$ 27265 I$ 27.893 I$ 28.372 I I I I LELSP4 29.484 30.112 30.591 LELSP5 31.704 32.332 I$ 32.811 33.810 I$ 34.438 I$ 34•917 I$ 32.858 I$ 33.486 I$ 33.965 xplanation of GradeslSteps LSP11A Starting Rate 68% of base pay �SPZ/A After 6 months of continuous employment 79% of base pay LELSP3IA After 12 months of continuous employment 86% of base pay LELSP31L1 E1 LELSP3/A plus educational incentive (Bachelor's Degree) if elected LELSP3/L2E2 LELSP3lA plus educational incentive (Master's Degree) if elected LELSP4/A After 24 months of continuous employment 93°� af base pay LELSP4/L1E1 LELSP4/A plus educational incentive {Bachelor's Degree) if applicable LELSP4/L2E2 LELSP4IA plus educational incentive (Masters Degree) if applicable LE�SP5/A After 36 months of employment -100% of base pay LELSP51L1 E1 LELSP5/A plus longevity (afte� 12 years of continuous service) or educational incentive (Bachelor's Degree) LELSP5/L2E2 LELSP5/A plus longevity (after 16 years of continuous service) or educational incentive (Master's Degree) LELSPS/DET LELSP5/A plus detective differential on-call pay LELSP5/DET1 LELSPS/A plus detective differential on-call pay, longevity (after 12 years of continous service) or education incentive (Bachelors Degree) if applicable LELSP51DET2 LELSP5/A plus detective differential on-call pay, longevity (after 16 years of continous service} or education incentive (Masters Degree� if applicable LELSP5/SL LELSP5/A plus school liaison or drug task force differential LELSP5JSL1 LELSPS/A plus school liaison or dnag task force differential 8 longevity (after 12 years of continous service) or education incentive (Bachelors Degree) if applicable LELSP5/SL2 LELSP5/A plus school liaison or drug task force differential longevity (after 16 years of continous service) or education incentive (Master's Degree) if applicable 10 *2007 Police Lieutenant Sergeant LELS Local 86) Pay Plan 1/1/07 ��;.mpt �tO�t `�jtitr►e b P ��M� 1 A r��'+� r r. s s4! F" Lieutenant ann ual I 82,248 86,112 Monthlv 6�8�41 1/1/07 1+1on-exempt fro�n O�rertime �i�lan T1fl�,. ;.1�1�, ..,F� Sergeant Annual 76,669 MoRittihr :1:'$ 6:���.�i Houny I 36.86 I This schedule provides a salary range consistent with the labor agreement. LieutenanYs are exempt from overtime. Sergeants are non�xempt from overtime. *This contract is open for negotiations for 2008 11 0 Am 0 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Todd Blomstrom, Director of Public Works DATE: December 4, 2007 SUBJECT: Resolution Establishing the Interest Rate for 2008 Speciai Assessments Recommendallon: Public Works staff recommends that the Brooklyn Center City Council consider the attached resolution establishing the 200$ interest rate for special assessments at 6.0 percent. Background: Each yeaz the City Council sets an interest rate for special assessments levied against property based on the City's Special Assessment and Internal Loan Interest Rate Policy. The objective ofthis policy is to establish an equitable interest rate that will not unfairly burden the property owner, but also recover the cost of borrowing from outside sources, recover the cost of administering the special assessments, and protect the City from the possibility that special assessment prepayments might impair the City's ability to service the bonds. City Council policy has been to establish the special assessment interest rate by calculating the sum of the interest rate for the most recent general obligation bond, adding two (2) percent to cover the overhead costs described above, and rounding to the nearest one-half percent in accordance with the Interest Rate Policy. The most recent bond sale by the City of Brooklyn Center was Series 2006A General Obligation Improvement Bonds at 3.78 percent. By applying the bond interest rate to the City Council policy, the resulting special assessment interest rate is 6.0 percent for 2008. Budget Issues: The proposed interest rate would apply to special assessments levied in 2008. 2008 Interest Rate for Special Assessments Member introduced the followin resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING THE INTEREST RATE FOR 2008 SPECIAL ASSESSMENTS WHEREAS, the City Council levies special assessments for neighborhood street proj ects, delinquent utility bills and other services provided to property owners that go unpaid; and WHEREAS, amounts outstanding aze certified to Hennepin County for coilection with property taxes; and WHEREAS; by City Policy, interest is to be charged on outstanding amounts certified to Hennepin County for collection with property taxes; and WHEREAS, the interest rate to be charged is two percent over the net interest rate for the most recent City General Obligation bond sale rounded to the next one-half percent; and WHEREAS, the most recent General Obligation bond sale, Series 2006A, resulted in a net interest rate of 3.78 percent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the interest ra.te chazged on special assessments levied in the year 2008 is hereby established at 6.0 percent. December 10, 2007 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 declazed duly passed and adopted. v 11 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Todd Blomstrom, Director of Public Works DATE: December 4, 2007 SUBJECT: Resolution Adopting the Capital Improvement Program Recommendation: Public Works sta.ff recommends that the Brooklyn Center City Council consider the atta.ched resolution adopting the 2008 Capital Improvement Program. Background: Attached is a copy of the proposed 15-year Capital Improvement Program for Brooklyn Center. The document outlines recommended improvements for the community's streets, utilities and park infrastructure over the period spanning 2008 through 2022. The CIP was previously reviewed by the City Council and Financial Commission on November 19, 2007. Budget Issues: The Capital Improvement Program proposes capital expenditures totaling $88 mitlion over the next 15 years. The attached document provides further information regarding the overall plan and descriptions of specific projects. Capital Improvement Program I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING CAPITAL IMPRQVEMENT PROGRAM WHEREAS, the City Council of the City of Brooklyn Center annually adapts a Capital Improvements Program; and WHEREAS, attached hereto and incorporated herein by reference as Exhibit A is the documentation for the said 2008-2022 Capital Improvement Program. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City ofBrooklyn Center, Minnesota that the 2008-2022 Capital Improvement Program as set forth in Exhibit A to this resolution be and hereby is adogted. December 10, 2007 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. cyeyor BROOSLYN CENT�R 15-Year Capital Improvement Program Years 2008-2022 City of Brooklyn Center i For Street Improvements Public Utility Improvements Park Infrastructure Improvements December 2007 Ci o Br�oo Center f k� 2008 CAPITAL IMPROVEMENT PROGRAM PROFILE The 2008 Capital Improvement Progra,m (CIP) is a planning document that presents a fifteen-year overview of scheduled capital projects to address the City's goals for maintaining public infrastructure. The CIP includes a long-term financing plan that allows the City to allocate funds for these projects based on assigned priorities. The fifteen-yeaz horizon of the CIP provides the City with an opportunity to evaluate project priorities annually and to adjust the timing, scope and eost of projects as new information becomes available. The information contained in this plan represents an estimate of improvement costs based on present knowledge and expected conditions. A capital impmvement is defined as a major non-recwring expenditure related to the City's physical facilides and gcounds. The 2008-2022 CIP makes a concerted effort to distinguish between major maintenance projects contained in the City's operating budgets and capital improvement projects financed through the City's capital funds and proprietary funds. Typical expenditures include the cost to construct roads, utilities, parks, or municipal structures. The CIP is predicated on the goals and policies established by the City Council, including the general development, redevelopment, and maintenance policies that are part of the City's Comprehensive Plan. A primary objective of the CIP is to identify projects that further these goals and policies in a manner consistent with funding opportunities and in coordination with other improvement projects. CIP Project Types The Capital Improvement Program proposes capital expenditures totaling $88 million over the next 15 years for basic impmvements to the City's streets, parks, and public utilities. A brief description of the three functional areas is provided below. Public Utilities The City operates five utility systems, four of which have projects included in the CIP water, sanitary sewer, storm drainage, and str�t lighting. A vast majority of the public utility improvements are constructed in conjunction with street reconst�uction projects. The remaining portion of public utilities projects include improvements to water supply wells, water towers, lift stations and force mains. Street Iniprovements Street improvements include reconstruction of neighborhood streets and reconstruction of arterial and collector streets. Proposed improvements include the installation or reconstruction of curb and gutter along public roadways. As note� earlier, street improvements a,re often accompanied by replacement of public utilities. Park Improvements Park improvements include the construction of trails, shelters, playground equipment, athletic field lighting and other facilities that enhance general park appearance and increase park usage by providing recreational facilities that meet community needs. CIP (2008 2022) CIP Funding Sources Capital expenditures by funding source for the fifteen-year period are shown in Table 1 and the accompanying chart. Major funding sources are described below. Public [Itilety Funds Customers are billed for services provided by the City's water, sanitary sewer, storm sewer, and street lighting public utilities. Fees charged to customers are based on operating requirements and capital needs to ensure that equipment and facilities aze replaced to maintain basic utility services. Annually the City Council evaluates the needs of each public utility system and establishes rates for each system to meet those needs. Capita! Improvements Fund This fund is comprised of transfers from the General Fund, repayment of debt from the Golf Course operating fund, and transfers from liquor operations. Typically the City Council has directed these funds towards municipal facilities such as parks, trails, public buildings and other general purpose needs. Special Assessment Collections Properties benefiting from stre�et impmvements are assessed a portion of the project costs in accordance with the City's Special Assessment Policy. Every year the City Couacil establishes special assessment rates for projects occurring the following year. �Rates are typically adjusted annually to maintain the relative proportion of special assessments to other funding sources. Street Reconstruction Fund The Street Reconstruction Fund provides for the cost of local street improvements along roadways that are not designated as municipal state aid routes. A majority of the revenue for this fund is generated from general fund transfers and franchise fees charged for the use of public right-of-way by natural gas and electric utility companies. The City's ability to provide adequate revenue for the Street Recanst�uction Fund is currently one of the main limiting factors in determining the rate at which future street and utility improvements can be accomplished. Municipal State Aid (MSA) Fund State-shared gas taxes provide funding for street improvements and related costs for those roadways idenrified as MSA streets. The City has 21 miles of roadway identified as MSA streets and is therefore eligible to receive funding based on this desigttation. The annual amount available is approximately $750,000 and provides for maintenance and construction activities within the City's MSA street system. TABLE 1— Capital Improvement Program Summary by Funding Source Total Funding Need Average Annual Percent of Z008-Z022 .Fundin� Need Total Need Water Udl(ty �13,745,000 $916,000 16% Sanitary Sewer UtiUty $12,106,000 $807,000 14% Stonn Drainage Ut�iiy $18,010,000 $1,201,000 20% Street Lighting Utility $898,000 $60,000 1 Muniapal State Aid $8,996,000 $600,000 10°� Str�t Reconstruction Fund $12,840,000 $856,000 14°l0 Capital Projects Fund $2,597,000 $173,000 3% Saectial Assessmerrt Collec�ions $19.156.000 $L277,000 22% TOTAL I $88.348.00OI $5,890.00OI 100% CIP (2008 2022) Capital Improvement Program by Funding Source Water 5pecial Assessmerrts 16% 22°k Capital Proj. Sanitary SewBr 3% 14% Stfe@t COnSt. 14% Stortn Drairrage Str'eet Light 26% 1 °Jo Table 2 provides an overview of projects and funding sources for the 2008 Capital Improvement Program. Annual breakdovvns for each project year are accompanied by a brief description of each project. CIP (2008 2022} 1 �:L °°c,. �a� 'lllllll�� �n�u �nutqPU�' t�� tn-� u� 1 t ��qi�'�'�:J.IU� t�� �.:��,u�: I fr�, 3 ��f 11� �1li11��1�� F :y I�tlr II�� 71�1� /Il.- `7:�::J u ���Vryi��F� I a� c a r �i e�' fi 61 r�� o u A �i �i qi iu Ri n� 1" iu �.d� ai p ��a� IIN� ��I �unmm�� ����i �CO �r au nA� i�; I. 1 p. s�= �tAllllll i i� ut� IU �u q�. iu� lr i7 �n�rqnuu� auuuu�r� 1 a o n :uc ,rh� 1 1� :i i= r� e_ ,.c, ui .i J ��1��.�,� iii ;{ih� i� L�1�►'- e ��uuu: :r �!1 �r� p i' �f '1 .�n �.t���ll r�u���.� ��1� n� .■■..u... r,mu� nuu�nu�r_ �u `,,l •�c L��1. c���c 111�::, ��1 I E� ����\1 l�llllll 1111111111111 'J ����IIII y ��n�' I" I���n11 �N� Y�111 11 �11111�1111/ LIII IIII���! ill �11/� �111111� f .1 I �l�' y,' 1 e rt 110 11lq� ♦�1� ■uc. F� 1 qi I �1�711111p��� 1�1 IIt i Jlf 1 11 �I�I�I���I1I1 1 1 I ���'I 1 ���I, 1� ��.lJ����1��1!(I�,� �yt .w/ hn� c ►�u■ o a 1► rv�►� ///w �nnaunq u r �1 �n■ �•�u i u �,..r, j'+ F���u�u �u� N� u�\� cau�u��uu�� �u����lnur..� �1111111t ������Il�a r�.'.3 �11 IIIIIIIIf11�111� 1� �pu�u c n �niqlllll{I t��,■ nuu111II��n� uu�nnr-, T �I►`r' �T I�!, r ina �Cwpl n .�.nr...�. d I�uu� u1n�4u�.1117 n�u��f >w�� uinu�r 1111�� �-�1�1� tVy1 .J� �I /�1a�1�� 1 rY/Y111111 .L ���1/� �11\�� �g Ik`\� 1 ruult 11U�111 u� �-na nu�/.` �'ii 1 II�11 ll�f�1111 '1 �i� �4r_.:ui.i-`�! q�r 1��1. Illlll 1:�•u��������.,�n� r.►///n..��= ,r 'j r �h_c �i.. �a� ��in■ �7 11/1.:: nuunul: e� �uu `i �un� I' ��i� =_I ..�E 'r r- c e.' ,,,iirr ,�f �ttv! ►'��i �u�u.�•.�O '^T e19 9�IIli i t. t 4 p� uumn �,`I�r C" C_ c= �E�3* umu��� =1 �.��un■ �a L �u�un■ J��` ����i� 1: t ��nuu�: L 1► `��r ,y. 11111111114ti i� �f' �I� 1 11� LJ.,;,1 ;�'I4 11 1�11 1lil.. L111 I�tr �1= �l l� s�l� u 1r"• f. �ua la ��4 i�+ iiin�i. E- mnul►uN J i r/trtft.� nf !1� 111111�,,\ �u,- �e .3,If_ 7 ��i��an� :�IS3 _e �e ui 1 i —r 1/ 1 ,�IIIIIIl= ,r �arpr.e �ir II��-.� nauuu� UII.u�.d�! i �111111110111:: i� O .1\� �:I�_ IIII� �.y�_ ;iuu" ��.�:I j —`r'r 1� a a `o- o .r,>.....,. �1'.�3911� uiu 9111� ����l11� .N .e�� u� �u r;' elllllllu Gvn��u�unn�m C i 1 *L9q pn= r•.. I� ��r R'+ _7 i uuu��i� 1 A a- i nuuuu I !1 J qi ii� �c� ul .-j .1°F'. n[ n a� .a�l� Iiu �awum�� �j. unuun �Ur I �cu i .AG �I r c a J:': �l 1 J�� I ��:�..1;, u :nuuuu e_ =u�'.�a:r,�� ����1 r�-i ��,�r� :Il�ri� r In, g mmm� f kl��\� i� nnn�: V p 11 °O��°�� v [�1�11�� �..I 1111111. 1 u u a� u/ I i� r�� �a 4 �r �1 r 111111 �111111111/1f/� Illlr ���r� r1U a1��. t. J c.11( :fr"11�1� ��111 �I.•�.��11 `�C ■��u���a���'�����11 t+1i1111 1/1111111111� ■���_1��n�� ���II�1� /�1� 1 .1� �II '1 .',3'� 1.J11� llii I� j k �1\'•111� �11����� t r1� :_v,. .es..o_ a !.1 i l� �unuq ....'i `!e� q� �1�� I�IIIIL�, �/l 111111�nunql 1_ �t ��•.�n 1 i ia� 1 �i� 4 .�.��n�v�u C C "ii�i �u� y7•.0 inu ��I/IU� �unnurp� ui 7 �.•'i� s ne� i n .��ii.. �j!��� y", Iriuuw •ui_t� m u eaamumnn u�uu�nu I�al�Illt� II IIi111 11� t 1111111 ��tl���� �����111 II�I�t 111� �1���1111/•r -..n. r r; I �uq1j .....�.iS u 1\.. �II��u1 u�■ uqq .u�u�W .,..L il�i�ii� Wa :1 �1jI��„ �1J �1���11� i.� ��a�o ..r �u� un.��� r. i �a �I...::; C �,u uu■► Iltlll ::1��! r..`lui: :�C? ��ee 5 ''I=� �f� f►i.. a:�=: .i ur. 1 uuu �CI� r I�: .Ii�rA C 111C 1� j I ....�,.,�1� F-.� u G ri ��n �'u �r 'll� �"��ii i� C I ��n ullnun t ❑i i:' ��unuu���PS���� :i���_.���I�.��� L ���u j�� 1= II/ n .1, r, ��ull_k' I�� L I."�:I::IIII,Ic1 n�uau�' ����I�r •en ��i n�unu uuurq- i: r c� ��t /%�J �i •i�:7°� i G� �nu�u■ I '�l ������Oi���.��'�� �`.i� �u� uu� C ��V i� �d i�� j e .:t. �l �d "lnu�t tE GO _F. i�� nin�� s a1� ■c�i:�a CG cc F'i I Il: L i 'i�111I1111\1��1�;y� 1 ;a .1 wo:._e.:3.:11C wwu�u Z mr _i���� u ��*y�t t��l1u a'/ n ���j' 1 ��1�������� I .r_*,.�r�_ /,�(i_:� II��. ��ai��uuuc IIIIa�a�:41 �u�umm�� E? ���t„� i �:i■:- i u_���y_5 nin: "�Ill//�rlpllrylll� I s��i =ni'i:1,�•� �l*,�v. !�111� 'i��l� ,.a ii x x� i Table 2 Capital Improveme�t Program (2008 2022) Revised November 30, 2007 Speciai Street MSA Storm Drainage Sanitary Sewer Water Street Ught Capital Projects Total Project Project Assessments Reconst. Fund Fund Utility Utiliiy Utilily Utflity Fund Cost I 2008 I jMaranatha Neighborhood Reconstruction $1,017,000 I $905,000 $0 $1,047,000 $727,000 I $780,000 I $61,000 $0 $4,537,0001 `Lift Sfation No. 2 Force Main $0 I $0 I SO $0 I $40Q000 I $0 I $0 $0 5400,000 �Northway Drive Reconstn�ction �362,000 I $74,000 I S� $98,000 I $19,000 $41,000 I 30 $0 $594,000 �West Palmer Lake Drive Resurfacing �0 I $45,000 $0 $0 I $0 $0 I $0 I $0 $45,000 �June Avenue Resurtacir�g {57th to 63rd Ave) I $D I $0 $15,000 I $0 $0 $0 I _$0 I SO $15,0 �Shingle Ck Trail CenVal Park to CR 10 I $0 $0 $0 $0 $0 $0 $0 $90,000 $90,000 �Arboretum South Pa�lcing Lot Reconstuction $0 $0 �0 $0 $0 $0 I $0 I $19,000 $19,000 iNest Central Park Trail Rehabilitation $0 $0 $0 $0 I $0 I 30 I SO I $135,000 $135,000; j69th Ave Sidewalk Replaoement $0 $0 I $0 $0 $0 $0 I a0 I $25,500 $25,500. �!Xerxes Avenue I 5376,000 $26,000 $802,000 $n I 555.000 $133.000 �18,000 $0 $1.410,000� i 2008 Subtotal $1,755,000 $1,050,000 $817,OQ0 $1,145,000 $1,201,000 $954,000 $79,000 $269,5U0 $7,270,50Q�, i 2009 Aldnch Neighborhood I $441,000 I $801,000 I $0 $1,447,000 I $245,000 $132,000 I $36,000 a0 $3,102,000=; 1Netland 639W participation wi� SCWMC I SO I $0 I $0 $165,000 I $0 SO EO $165,000? i Centerbrook Golf Course Watermain Replacement I SO I SO $0 $0 �0 $120,000 $0 30 $120,000�! Stortn Water Ponds 12-002 8 12-003 Dredging SO I $0 I $0 $110,000 SO $0 i $0 30 $110,000� Shingle Creek Pkwy/69th Overlay $0 I $0 I $295,000 I 30 �0 $0 $0 SO $295,OOOE I�r9e�Y �Ypass tor Lift Stafion 6 30 I $0 I $0 I $0 $98,000 $0 $0 $0 $98,000� �Northport Tennis Court Resurfacing $0 I SO I SO I $0 $0 $0 $0 $18,000 $18,000{ West Palmer Park Tennis Court Resurfacing I $4 $0 I $0 $0 $0 I $0 $18,000 $18,OOOf Riverdale Open Picnic 5helter i $0 $0 $0 I $0 I $0 $0 I $0 $65,000 $65,0001 20D9 Subtotal $441,000 $801,000 $295,000 $1,722,000 $343,000 $252,000 $36,000 $101,000 $3,991,000 2010 i Dupont Avenue Reconstruction $816,000 $0 $1,365,000 $563,000 $308,000 $290,000 I $25,000 I $0 I $3,367,000� ;Twin Lake North Lakeside Neighborho0d $904,000 $1,305,000 $77,000 $1,108,000 I $970,000 $902,000 $53,000 $0 i $5,319,000� ��ncenl Neighborhood $75,000 $117,000 I $0 $155,000 $45,000 i $26,000 I $0 $0 $418,000 �Willow Lane Open Picnic Shefter $0 I $0 $0 $0 $0 I �0 $0 $70,000 $70,000 ;Kylawn and Firehouse Park Trail Rehab. $0 $0 $0 $0 $0 I 50 $0 562,000 $62,000 j 2010 Subtota{ $1,795,000 $1.422,006 $1,442,000 $1,826,000 $1,323,OOU $1,218,000 $78,000 $132,000 $9,236,000 I 2011 Logan Neighborhood Reconstruction $972,000 I__ $906,000 $0 _$873,000 $395,U00 $720,000 $54,000 i $0 $3,920,000 Lift Station No. 9 Fo�ce Main Replacement i $0 $0 $0 $0 $415,000 $0 i $0 $0 $415,000 Traffic Signal Replace at SCP and I-94 T $0 $0 $303,000 I $0 $0 $0 $a $0 _$303,000 Storm Water Pond 12-005 Rehab $0 $0 $U I $49.000 $0 $0 $0 $0 $49.000� West Palmer Park Building Replacement $0 $0 $0 I $0 $0 $0 $0 $270,000 $270,000{ Unity Ave�ue Reconstruction $181,000 $128.000 $0 $89,000 $15.000 $206.000 $13.000 $0 $632.000 I 2011 Subtotal $1.153,000 $1,034,000 $303,000 $1,011,000 $825,000 $926,000 $67,000 $270.0�10 $5,589,000` Tabie 2 Capital Improvement Program (2008 2022) Revised November 30, 2007 SpeCial Street MSA Storm drainage Sanitary Sewer Water Street Light Capital Projects Total Project Project Assessments Reconst. Fund Fund UGlity Utility Utitity Utility Fund Cost 2o,z l �Evergreen Park Fence Court Reconstruction I $0 I $0 I $0 SO I $0 $0 I $0 I $77,000 $77,000 �Evergreen AthletiC Field Lighting Replacement $0 $0 I �0 I $0 I $0 $0 I $0 5105,000 I $105,000 Northport Park Building Replacement $0 $0 I 30 $0 $0 i SO I_____ $0 I 5275,000 $275,000� Water Tower No. 2- Painting $0 $0 I $0 $0 SO $718,000 j SO $0 $718.00OI Storm water Pond 1&001 Rehab I S0 _$0_ f_ $0 $155,000 SO I $0 $0 I $0 $155,000� Stortn Water Pond 46-001 Rehab I $0 $0 I $0 $39,000 $0 $0 $0 $0 $39,000� East Palmer Lake Neighboihood Reconstruction $768,000 $860.000 I $0 $756,000 I $345,000 a315,000 I �40,D00 �0 I a3,084,000� 2012 Subtotal $768,000 $860,U00 $0 $950,000 $345,000 $1,�33.000 $40,000 a457,000 �4,453,000 2013 �Baseball Backstop Replacemenffi I $0 I $0 $0 $0 $0 $0 I I $20,000 $20,000� I �Storm Water Pond 60-001 Rehab I $0 $0 I $0 I $17,400 $0 $0 i SO $0 I $17.000 �Humboldt Ave N(53M to 57th) Reconstruction I 5260,000 I $0 I SO $0 I 5100,000 $90,000 I $28,000 $0 I $478,000 �Kylawn Park Neiqhborhood Reconstruction I $1,358,000 I $866,000 $538,000 I $878,000 $1,005,000 I $958,000 $51,000 I $0 I 55,654,000 2073 Subtotal $1,618,000 $866,000 $538,000 $895,000 $1.105,000 $1,048,000 378.000 $20,000 $6,169,000 2014 �Central Park Tennis Courts Resurfacing I a0 $0 SO I $0 $0 $0 I �0 $75,000 $75,000 ;Stonn Water Pond 50-001 Rehab a0 $0 �0 I 369,000 I �0 I $0 $0 $0 $69,OOOI iWiliow Lane Trail Reconstruction I 30 I $0 30 I $0 $0 I $0 SO $40,000 $40,0001 ;Wangstad Park Neighborhood Reconstruction I $1.515,000 I $1,002,000 I $397,000 I 5965,000 $1,075,000 I r1.005,000 $52,W0 $0 $6,011,000� I 2014 Subtotal $1,515,000 $1,002,000 $397,000 $1,034,000 $1,075,000 51,005,000 $52,000 $115,000 $6,195,000 2015 �Sasebali Fence Replacement $0 $0 $0 $0 $0 $0 $0 $35,000 $35,000� Freeway Park Trail Replacement i $0 $0 $0 $0 $0 $0 $0 $28,000 $28,000� !Water Tower No. 3 Painting $0 $0 $0 I $0 $0 ILions Park Trail Replacement $0 $0 $0 $0 $0 $0 $5T: 00 $57,000� j63M Avenue North Reconshuction 5286,000 $0 $2,009,OU0 $0 $112.000 I $90,000 $53,000 $0 $2.550.000� IFreeway Park Neighborhood Reconstruction $1.085,000 $1,040,000 $0 $937,000 $880,000 I $820,000 $45,000 $0 I $4,807,000� 2015 Subtotal� $1,371,000 $1,040,000 $2,009,000 $937,000 $992,000 $1,320,000 $98,000 $120,000 $7,887,000 2016 Evergreeen Park Trail Replacement I $0 I $0 $0 $0 $0 $0 $0 $50,000 $50,000� IBrooklyn Btvd City Entrance Signs $D I_ $0 I I $0 $0 $12,000 $12.00U �Storm Water Pond 12-004 Rehab $0 $0 $0 I $67,000 $0 I_ $0 $0 $0 I $67,000 iS9th Avenue Greenway Fence Rehab $0 I_ $0 $0 I $0 $0 $0_�__ $0 $36,000 I $36,000 I I, 'Water Tower No. 1 PainUng $0 $0 �0 I $360.000 $0 $0 I $360.000 Freewa Blvd West ReconsWction $235,000 $0 $215,000 $0 $0 $0 $0 $0 I $450,Q00 Y IPalmer Lake West Neighbortiood ReconstrucUon $975,000 $66Q,UOU $0 I $1,200,000 $813,009 $753,000 $50,000 $0 1 $4,451,000� 2016 Subtotal $1,210,000 $660,000 $215,000 $1,267,000 $813,000 $1,113,000 $50,000 $98,000 $5,426,000� Table 2 Capital Improvement Program (2008 2022) Revised November 3fl, 2007 Speciai Street MSA Storm Drainage Sanitary Sewer Water Street Light Capital Projects Total Project Project Assessments Recor►st. Fund Fund Udlity Utility Utility UUlity Fund Cost 1 2017 IWest River Rd Trail Replacement I $0 I SO $0 I $0 I $0 $0 �0 $115,000 $115,OOOI �Evergreen Neighborhood Reconstruction Y1,527,000 $700,000 $1,195,000 $1,500,000 �710,000 31,305,000 $65,000 $0 $7,002,000� 2017 Subtotal $1,527,000 �700,000 $1,195,000 $1,500,000 $710,000 $1,305,000 $65,000 $115,000 �7,117,000 2018 I Central Park East Trail Replacement $0 $0 $0 $0 $0 $0 $0 $98,000 $98,000 Firehouse Park Neighborhood ReconsVuction $1,803,000 $1,050,000 $405,000 I $2,116,W0 �27.000 $735,000 $70,000 50 $7,106,000� 2018 Subtotal $1,903,000 $1,050,000 $405,000 $2,116,000 $827,000 5735,000 $70,000 $98,000 �7,204,000 2019 Park Pla�ground Equ+Q Replacemant I $U $0 $0 I �0 I__ $0 $0 I_____ �0 $203,000 I �203,000 Interstate Nei9hborhood Reconstruction $1,120,000 51,025,000 $0 I $1,670,000 $1,090.000 �$1.020.OUCl $ag,Ot�O $0 I $5.973,000� 2019 Subtotal $1,120.000 51,025,000 $0 $1,670,000 51,090,000 $1,020,000 $48.000 5203,000 56,176,000 2020 Park Playground Equip Replacement $0 $0 $0 $0 I SU I SO $0 $207,000 $207,000 Logan/LilaG57th Avenue Reconstruction j $450.000 _$0 $1,075.000 SO ___$46,000 $150.000 I $20,000 a0 i 51.741,000 �Grandview Nei9horhood Reconstruction I $2.070.000 3950.000 SJ05.000 $1,465,000 �i.175.000 �$1.1btl.c)oU $�a.000 �U i �7,149,000 2020 Subtotal $2,520,000 5950,000 51.380.000 $1,465,000 $1,221,000 $1,250,000 $104,000 E207,000 59,097,000 2021 Park Playground Equip RePlacement $0 I .J $o.._..1 $0 l _$0__ $211.000 5211,000� Ryan Lake Industrial Park I $335.000 $165,000 $0 j �d37.U00 �111,OUO $541,000 �32,UOU �f $0 $1.721.000� 2021 Subtotal $335,000 $165,000 $0 $437,000 $211,000 $541,000 $32,000 $211,000 �1,932,000 2022 IPalmer Lake Trail Miil and Ove�lay I $0 $0 $0 $0 $0 $0 $0 $180,000 $180,000� �Northwest Area NeighbOrhood /51st Ave Mil{ Overiay $125,000 $215,000 I $0 $35,000 $25,000 $25,000 $0 $0 $425,0 2021 Subtotal $125,000 $215,000 $0 $35,000 $25,000 $25,000 $0 $180,000 �605,OOOI i Maranatha Neighborhood Improvements The Maranatha Neighborhood Improvement Proj ect area is bounded by the western city limits, Noble Avenue on the east, Interstate 94 on the south and 69'� Avenue on the north. The total project length is 14,341 feet. The neighborhood consists of approximately 225 residential zoned properties. Streets A majority of the sxreets in the Maranatha Neighborhood are currently 30 feet wide with no curb and gutter. Pavement was originally installed between 1954 and 1960. The street pavement is deteriorated throughout most of the neighborhood due to the age of the pavement and inadequate drainage in most areas. Proposed street ix�rovements consist of the reconstivction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The water main in the Maranatha project area consists of 6-inch and 8-inch diameter cast iron pipe installed between 1956 and 1974. Scott Avenue and portions of 67'� Avenue contain 12-inch ductile iron pipe installed in 1974. Lee, Major and 70�' Avenue contain 6" ductile iron pipe installed in 1985. Water records indicate that four main breaks have occurred within the neighborhood Minor water quality problems have also been reported by r�idents. Proposed water main improvements include replacement of 6 and 8-inch diameter water mains and services in the project area south of 69�' Avenue. Replacement of water main along 69 Avenue, Scott Avenue and the crossings under Interstate �4 are not included within the scope of this project. Sanitary Sewer The sanitary sewer within the neighborhood consists of 8-inch diameter vitrified clay pipe installed between 1956 and 1966. A majority of the sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. Replacement of sanitary sewer pipes and access structures is also proposed as part of the project. Storm Sewer An expansion of the storm drainage system within the project area is necessary to reduce local flooding and preserve street pavement. Storm water runoff from the westem portion of the neighborhood currently drains overland to a corrugated metal pipe storm sewer along 68'� Avenue eventually discharging into Toledo Avenue in Brooklyn Park. Runoff &om the western portion of the �roject azea drains to one sma11 diameter storm sewer system at the intersection of Orchard Avenue and 68 Avenue. Proposed storm sewer improvements include replacement of the undersized storm main along the eastern boundary of the project, replacement of all corrugated metal storm sewer pipe and expansion of lateral storm sewer pipes to collect runoff from each street within the neighborhood. Prelixninary project design should also include the evaluation of installing in-line water quality treatment devices to paitially treat storm water runoff prior to discharging from the neighborhood. Project Swnmery 2008 Capital Improvement Program Xerxes Aven�e Improvements The Xences Avenue Improvement Project area includes Xerxes Avenue l from Shingle Creek Pazkway to the I-694 bridge, Xerxes from Northway Drive to T.H. 100, 55�` Avenue and 56� Avenue as shown on the adjacent C figure. The total project length is 5,003 feet. Adjacent land uses aze pritnarily commercial (C1A and C2) with some multifamily residential T properties near Shingle Creek Parkway and Northway Drive. Streets Xerxes Avenue, SS`� Avenue and 56`� Avenue are designateri Municipal State Aid Routes. The existing streets within the project azea have bituminous pavement with concrete curb and gutter. A majority of these v street segments were constructed in the early 1960s. The cutrent pavement conditions range from very poor on the north end and fair to poor on the south end of the project azea. A majority of the curb along the southern end of the project is highly deteriorated. y'� I The proposed improvements, based on a recent condition survey, include the replacement of 100 percent of the existing curb along Xerxes Avenue south of Northway Drive and 30 m m -inch mill and percent curb replacement along 55 and 56 Avenues. Pavement improvements mclude a 3 overlay along the portion of Xerxes north of I-694 (not pictured above) and full depth pavement replacement along the remaining portion of Xerxes Avenue as well as 55�` and 56�' Avenues. Water main The existing water main within the project corridor consists of 12-inch diameter cast iron pipe installed in 1961 along Xerxes Avenue and 6-inch diameter cast iron pipe along 56"' Avenue installed in 1966. Public water main is not located within SS Avenue. Water records indicate one main break has occurred within the project area. The condition of the existing water main is generally good, except for possible high corrosion conditions near T.H. 100. Proposed water main improvements could include the replacement of 12-inch diameter water main along Xerxes Avenue between SS`" Avenue and T.H. 100. The project cost estimate also includes the replacement of some miscellaneous valves and hydrants as necessary. Sanitary Sewer The existing sanitary sewer within the proj�t corridor consists of S-inch diameter vitrified clay pipe installed in 1964. Sanitary sewer is not located within 55`� and 56'" Avenues. The current condition of sanitary sewer is generally fair throughout most of the project area. The sanitary sewer is scheduled to be televised during the planning phase of the project to determine the extent of necessary. repairs. The current ro'ect cost estimate includes r lacement of sani sewer from 55'� Avenue to T.H. 100 and P J �Y replacement of existing structure castings. Storm Sewer A trunlc storm sewer line extends along Xerxes Avenue south of County Road 10 and discharges to the regional storm water treat�nent system within the Centerbrook Golf Course. The portion of Xerxes Avenue north of County Road 10 drains eastward into Shingle Creek. A televising inspecrion must be perfarmed to document the condition of the existing pipe. The storm sewer system along Xerxes Avenue has not required extensive maintenance in the past. The anticipated drainage improvements include replacement of catch basin castings and minor pipe repairs. S� 2008 Capital Irnprovement Program Northwa Drive Im rovements Y P The Northway Drive Improvement Project azea extends from Count Road 10 to Shin le Y g Creek as shown on the adjacent figure. The r total project length is 2593 feet. Adjaceirt land �"�Y uses include commercial (C1A and C2), and �X`` high density residential(RS) Properties. CO RD NO 10 S�� I The existing streets within the project area have bituminous pavement with concrete curb and gutter. These street segments were constructed in the 1967 arxi 1969. The current pavement condition is poor due to nomrnal deterioration and several street patches due to underground utility work. A majority of the existing curb and gutter withiu the project area is highly deteriorated. Proposed street improvements include the replacement of 100 percent of the existing curb and full depth pavement replacement. Water main The existing water main within the project corridor consists of 8-inch and 10-inch diameter cast iron pipe installed in 196? and 1969. Water records indicate two main breaks' ha.ve occurred within the neighborhood. The water main within the projed area is generally in good candition. Water main repairs should be limited to the replacement of miscellaneous valve and hydrants based on current conditions. Sanitary Sewer The existing sanitary sewer within the project corridor consists of 8-inch diameter vitrified clay pipe and 8-inch Armco truss pipe installed in 1967 and 1969. Substantial problems with the sanitary sewer in the project area have not been noted at this time. The sanitary sewer is scheduled to be televised during the planning phase of the project to determine the extent of necessary repairs. The current project estimate includes minor repairs to t�e sanitary pipe and replacement of structure castings. Storm Sewer The storm sewer system along the westem portion of Northway Drive drains to the Xerxes Avenue drainage system. The storm sewer along the eastern portion of Northway Drive flows east and discl�rges directly into Shingle Creek. Scheduled storm sewer improvements include the replacement of approximately 400 feet of piping near the eastera intersection of Counry Road 10, replacement of catch basin castings and installation of an in-line sediment removal structure upstream from the discharge outlet to Shingle Crcek. Project Summary 2008 Capitai Improvement Program Aldrich Neighborhood Improvements The Aldrich Neighborhood project azea eutends &om Dupont Avenue to Interstate 94 and from 59�' Avenue to 57"` Avenue. The project area contains a total of 8,010 linear fe� of local streets. The neighborhood consists of approximately 103 residential properties. A Streets The majority of the streets in the project area were originally constructed in 1968 through 1969. Existing streets aze generally 30 feet wide with no curb and gutter. The street pavement is deteriorated throughout most of the neighborhood due to the age of the pavement and inadequate drainage. Proposed street improvetnents consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and full depth replacement of bituminous street pavement. Water main The existing water main in the Aldrich Neighborhood area consists of 6-inch, 8-inch and 10-inch diameter cast iron pipe throughout the project area and 24-inch diameter steel water main along 59�` Avenue. A majority of the existing cast iron waterman was installed between 1964 and 1968 and is believed to have an internal lining. New segments of 8-inch diameter water main and sanitary sewer were installed on the southern part of Camden Avenue as part of the 1996-06 project. A condition survey must be conducted for the existing water system in the neighborhood to determine the extent of corrosion. Water records indicate one main break has occurred within the neighborhood. The water main is in fair condition based on current maintenance records. The current project cost estimate includes replacement of watermain along Aldrich, Bryant and Camden Avenues due to isolated azeas of conosion or as necessary to allow for the replacement of sanitary sewer and trunk storm sewer within the neighborhood. Sanitary Sewer The existing sanitary sewer consists of 8-inch diameter vitrified clay pipe lateral sewers along local streets and a 12-inch diameter reinforced concrete trunk sewer along the Xcel easement between 57`� Avenue and 58�` Avenue. These sewers were originally installed between 1959 and 1962. Approximately 75 pexcent of the sanitary sewer is subjected to pmblems with root intrusion. Root sawing must be performed on an annual basis to ma.intain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as fair to poor. The current project cost estimate includes replacement of agproximately 50 percent of the 8-inch diameter sanitary sewer. The sanitary sewer located along Carnden Avenue must 1� lowered to facilitate the installation of a new tiunk storm sewer between 57"` and 59"' Avenues. Storm Sewer A substantial portion of the southeastern section of the city drains through two trunk storm sewers located atong 59�' Avenue and along the west side of Inteistate 94. These trunk storm sewers, installed in 1952, are under-sized and do not provide sufficient capacity to convey storm water runoff through the neighborhood and under Interstate 94. The installation of new trunk storna sewers along Camden Avenue, 59 Avenue anci under I-94 is necessary to prevent local flooding. The current project cost estimate includes the replacement of storm sewer throughout the project area, boring a new trunk storm line under Interstate 94 and installation of two precast water quality treatment devises. A detailed description of the proposed storm drainage irnprovements are further described in a feasibility report titled "59�' Avenue Txunk Storm Sewer Improvements" prepared by Bonestroo Associates in 2006. Project Summary 2008 Capital Improvem�t Pro�n Humboldt Avenue South Improvements The Humboldt Avenue South project azea extends from 53� Avenue to 57�` Avenue. The tota.l project length is approximately 2,660 linear fcet. The neighborhood consists of appro�cimately 56 residential properties. Streets This segment of roadway is a Hennepin County Roadway. Humboldt Avenue was origixially constntcted between 1966 and 1969. Existing streets are generally 36 feet wide with no curb and gutter. The str�t pavement is deteriorated due to the age of the pavement and inadequate drainage. This project is included in the City's CIP due to a potential cost sharing agreement for the street and drainage improvements and funding for water main and sanitary sewer improvements as described below. Water main The existing water main in the Humboldt Avenue South project area consists of 6-inch diazneter cast iron pipe (CIP) installed in 1966. A condition survey must be conducted for the elcisting water system in the project azea to "TM detennine the extent of corrosion. The water main is in fair condition based on current maintenance records. The current project cost estimate assumes that water main will be replaced b�ween 53'� and 55'� Avenues to coincide with sanitary sewer replacement. OYO AK M Sanitary Sewer The existing sanitary sewer consists of 8-inch diameter vitrified clay �pipe lateral sewers. These sewers were originally installed in 1952. Sanitary sewer between 53 and 55 Avenues is subjected to frequent problems with root intrusion. Root sawing must be performed on an antival basis to m�intain the system conveyance capacity. The current project cost estimate includes replacement of sanitary sewer between 53'� and 55'" Avenues. Storm Sewer The storm sewer on Humboldt Avenue consists of 18-inch diameter corrugated metal pipe that drains to a trunk line along 55�` Avenue. This storm sewer was installed in 1952. The current project cost estimate includes replacing 100 percent of the storm sewer. The cost estimate assumes that Brooklyn Center may contribute to a portion of the storm drainage cost for the project. Project Summary 2008 Capital Improvement Progcam Dupont Avenue Neighborhood Improvements The Dtzpont Avenue Neighborhood project azea extends from 73'� Avenue to 5'7`� Avenue. The total projec:t length is 10,007 feet. The neighborhood consists of approximately 140 residential properties and the Brooklyn Center High School properiy and one city parceL Streets The entire length of the project area is designated as a Minnesota State Aid Route. The majority of the streets in the project area were originally constructed between �n 1963 and 1968. The existing street between 57 Avenue and 67 Avenue �s 42 feet r� ,a wide with concrete curb and gutter. The existing street between 67 Avenue and 73 Avenue are 30 feet wide with no curb and gutter. The overall pavement condition rating is fair to poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement between 59�' Avenue and Lilac Drive N and between 67�` Avenue and 73`� Avenue. Proposed improvements for the remaining areas include 20 percent curb replacement, 10 percent sidewalk replacement and i�nstallation on new street pavement. Water main The existing water main in the south portion of the proje�t area is 6-inch diameter cast iron pipe installed in 1968 and 1969. Dupont Avenue between Interstate 94 and 69'� Avenue contains a 30-inch steel water main installed in i 963. The water main between 69�` Avenue and 73'� Avenue consists of 6-inch and 12-inch cast iron pipe installed in T9b1 and 1962. A majority of the existing water main is believed to have a cement based internal liner. The corrosion rate within the project area has not been thoroughly documented at this time. However, there is a history of water main breaks along Dupont Avenue between 69�' and 73rd. The current project estimate includes complete water main replacement between 59'� Avenue and Lilac Drive N and between 67`� Avenue and 73"' Avenue. No water main replacement is anticipated in the remaining areas. Sanitary Sewer The sanitary sewer in the project area consists of 8-inch diameter vitrified clay pipe (VCP) installed in 1960, 1961 and 1967. Approximately 25 percent of the sanitary sewer is subjected to frequenk problems with root intrusion. Root sawing must be performed on an annual basis to maintain the systexn conveyance capacity. The condition of the sanitary se�wer system within the neighborhood is rated as fair. The current pro}ect cost estimate includes 100 percent sanitary sewer replacement between 5'1'� Avenue and Lilac Drive N and between 67`" Avenue and 73'� Avenue. Storm Sewer A majority of the storm water runoff from the project area is collected in the elcisting storm sewer system and conveyed to the existing trunk storm sewer lines flowing to the Mississippi River. These tivnk storm lines area located on 70�' Avenue, 65� Avenue, 59'� Avenue and 57`" Avenue. The current project cost esrimate includes 100 percent storm sewer replacement between 57�' Avenue and Lilac Drive N and between 67'� Avenue and 73`� Avenue. The cost estimate also includes the replacement of approximately 5 catch basins and approximately 700 feet of smaller diameter lateral storm pipe in the remaining areas. Project Summary 2008 Capital Improvement Program Twin Lake North Improvements The north portion of the Twin Lake North project azea extends from County Road 10 to 55'� Ave, and from Admiral Lane to Brooklyn Blvd. The south portion of the project azea extends &om 53'� Ave. to 50�' Ave., and from East Twin Lake Blvd to Highway 100. The total project length is 15,745 feet. The neighborhood consists of approximately 209 residential properties (Rl and R4) and 4 commercial properties (C 1). s Streets 51 Avenue east of Brooklyn Blvd is a designated Municipal State Aid Route. The majority of the streets in the project area were originally constructed in 1965 and 196'7. Existing streets are generally 30 feet wide with no curb and gutter. The service road along Brooklyn Boulevard is currently 25 feet wide. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is fair to poor. Proposed street impTOVements consist of the reconstruction of the stre�t subgrade, installatiqn of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The existing water main in the north portion of the project area is 6-inch diameter cast iron pipe installed in 1965. T'he south portion of the project area contains 6-inch and 8-inch diameter cast iron pipe installed in 1966 and 1967. A majority of the existing water main is believed to have a cement based internal liner. The corrosion rate within the project area has not be�n thoroughly documented at this time. However, there is a history of water main breaks along East Twin Lake Blvd. and Great View Avenue. The current project estimate assumes complete replacement of the water main within the project azea. Sanitary Sewer The sanitary sewer in the north podion of the project area consists of 8-inch diameter vitrified clay pipe (VCP) installed in 1956 and 1958. The south portion of the project area contains 8-inch diameter VCP installed in 1958 and 1960. Approximately 75 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as poor. Complete replacement of all sanitary sewer pipes and access structures are proposed as part of the project. Further investigation o£ the sewer Iine within Brooklyn Boulevard is necessary to determine if cured-in-place pipe rehabilitation is necessary or waaanted. Storm Sewer A majority of the storm water runoff from the project area is collected in the elcisting storm sewer system and conveyed to the regional storm water treatment facility in Centerbrook Golf Course. Runoff frorn the Twin Lake. A portion of the project area south of 53 Avenue and West of France Avenue is conveyed to portion of the existing storm sewer system within the project area could be salvaged, although it is anticipated that expansion of the system and higher capacity will be needed to m;n;mize local flooding. 'The current project cost estirnate assumes complete replacement of the storm sewer system as part of the scheduled neighborhood improvements. The currern cost estimate includes an in-line treatment device to remove sediment prior to discharging nuioff into Twin Lake. Proje�t Summary 2008 Capital Improvem�t Prograrn Logan Neighborhood Improvements The Logan Neighborhood project area extends from Logan Avenue to Humboldt Avenue and from 73`� Avenue to 69'� Avenue. The project azea includes a total of approximately 12,321 feet of local streets. The neighborhood consists of approximately 210 single family residential properties (Rl and 1 multi-faxnily residential property (RS). Streets r The majority of the streets in the project azea were originally constructed in 1962 through 1969. Existing streets aze generally 30 feet wide with no curb and gutter. Poor surface draina e and low stabili sub de material g ty has resulted in deteriorated pavement throughout the neighborhood. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main Existing water main in the Logan Neighborhood area consists of 6-inch and 10-inch diameter cast iron pipe installed between 1960 and 1969. Higher corrosion rates have been noted within a majority of the project area. Water records ix�dicate thirteen main brealcs have occurred within the area. Several isolation valves have also failed within the project area. Complete water main replacement within the project area is scheduled. Sanitary Sewer Existing sanitary sewer within the neighborhood consists of 8-inch and 10-inch dianneter vitrified clay PP i e ori installed in 1960 and 1965. A short ent of sani sewer along Irvin Avenue was �llY �'Y 8 installed in 1978. Approximately 30 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. A televising inspection is necessary to detennine the extent of sanitary sewer replacement is justified. The current project cast estimate includes the replacement of 50 percent of the sanitary sewer pipes and access structures within the neighborhood. The cost estimate also includes cured-in-place pipe rehabilitation for the 10-inch diameter sanitary sewer extending along 71�` Avenue from Logan Avenue to Humboldt Avenue. The actual cost may need to be adjusted upan completion of a condition survey. Storm Sewer The existing starm sewer in the project area ranges in size &om 18-inch to 33-inch diameter reinforced concrete pipe. The project area contains one trunk storm line nu�ning through an easement from 73'� Avenue to 71� Avenue, then flowing east to Humboldt Avenue. The cuirent projact cost estimate assumes that an expansion and replacement of a vast majority of the storm sewer system will be necessary as part of the schefluled neighborhood improvernents. The current estimate does not include replacement of the trunk storYn sewer noted above. Pro'ect Summ J �'Y 2008 Capital Improvement Program Uaity Avenue Improvements The Unity Avenue project area extends from the north city limits to 69�' Avenue. The total project length is 2,786 feet. The neighborhood consists of approximately 100 residential properties (R3). 0 Streets The Unity Avenue was originalty constructed in 1978. The existing street is 30 feet wide with concrete curb and gutter. The overall pavement condition rating is fair. Private streets adjacent to Unity Avenue, such as 71 72� and 73'� Circle, are not included as part of the project. Proposed street improvements consist of the reconstruction of the of bituminous street pavement and replacement of concrete curb as necessary based on the extent of water main replacement on the west side of Unity Avenue. Water main The existing water main in the project area is 8-inch and 10-inch diameter ductile iron pipe installed in 1977 and 1978. The corrosion rate within the project area. has not been thoroughly documented at this time. The Public Utility Division will excavate and inspect various y i fittings to determine the extent of water main replacement that is warranted. Water records indicate that two main breaks have occurred within the neighborhood. Elevated corrosion rates have been documented within this segment of watermain. The cuirent project estimate includes replacement of water main along Unity Avenue. Sanitary Sewer The sanitary sewer in the north portion of the project area consists of 8-inch and 10-inch diameter poly vinyl chloride (PVC) pipe installed in 1977. The condition of the sanitary sewer system within the neighborhood is rated as good. The current project estimate includes replacement sanitary sewer castings only. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to the storm water ponds surrounding Unity Avenue. The existing storna sewer in the project area consists of 15-inch to 24-inch diameter reixiforo�l concrete pipe installed in 1978. The current project cost estimate includes replacing storm structure castings and isolated portions of lateral storm sewer as necessary. Project Summary 2(b8 Capital Improvem�t Progt�m East Palmer Lake l�fieighborhood Improvements The East Palmer Lake Neighborhood project area elctends from Pe�ru Avenue to Morgan Avenue and from 69th Avenue to 73� Avenue. The project azea includes a total of appnoximately 10,460 feet of local streets. The neighborhood consists of approximately 169 single family residential properties. R StTC@t3 i The majority of the streets in the project azea were originally constructed betw�n 1962 and 1969. Existing streets are generally 30 feet wide with no curb and gutter. Poor surface drainage and low stability subgrade xnaterial has resulted in deteriorated pavement throughout the neighborhood. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main Existing water main in the East Palmer Lake Neighborhood area consists of 6-inch diameter cast iron pipe installed between 1960 and- 1969. Water N records indicate that no water main breaks have occurred within the project area. The Public Utility Division will excavate and inspect various fittings to detennine the extent of water main replacement that is warranted. The replacement of approximately 50 percent of the water main within the project area is currently included in the project cost estimate to facilitate replacement of sanitary sewer as noted below. Sanitary Sewer Existing sanitary sewer within the neighborhood consists of 8-inch and 10-inch diameter vitrified clay pipe originally installed in 1960 and 1965. Approximately 30 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. A televising inspection is necessary to deternune the extent of sanitary sewer replacement is justified. An estirnated 50 percent of the sewer system is in poor condition. The current project cost estimate assumes replacement of 50 percent of the sanitary sewer pipes and access structures. The actual cost may be reduced upon completion of a condition survey. Storm Sewer The existing storm sewer ranges in size from 15-inch to 21-inch diameter reinforced concrete pipe. The project azea contains three small storm sewer lines that run to Palmer La1ce. Much of the small diameter storm sewer must be reconfigured to reduce local flooding and preserve street pavement. The current cost estimate assumes replacement of all storm sewer in the project area. Projxt Summary 2008 Capital Irpprovement P�gram Kylawn Park Neighborhood Improvements The north portion of the Kylawn Pazk l� f Y L Neighborhood project area e�ctends from County Road 10 to 61�` Ave, and from June Ave to Brooklyn Blvd. The south portion of the project area includes 58�' Place and Major Ave. The total project length is 15,311 feet. The neighborhood consists of approximately 279 residential properties (Rl and R4) and 1 commercial property Q (C1). Streets June Avenue from Caunty Road 10 to 61 Avenue is designated as a Municipal State Aid Route. The majority of the streets in the project area were originally constructed in 1965 and 1968. Existing streets aze generally 30 feet wide with no curb and gutter. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Wster main The existing water main on June Avenue is 8-inch dia.ineter cast iron pipe installed in 1955. The remaining project area consists of 6-inch cast iron pipe installed between 1963 and 196b. A majority of the existing water main is believed to have a cement based internal liner. The corrosion rate within the project area has not been thoroughly documented at this time. Water records indicate that three main breaks have occurred within the neighborhood. In general, cast iron water main is highly vulnerable to leaks and breaks when disturbed by replacement of adjacent sanitary sewer as noted below. The cuirent project estimate includes complete replacement of water main within the project area to facilitate the replacement of sanitary sewer as noted below. Sanitary Sewer The sanitary sewer along Major Avenue consists for 8-inch diameter vitrified clay pipe (VCP) installed in 1967. The remaining project area contains 8-inch and 10-inch diameter vitrified clay pipe installed between 1956 and 1959. Approximately 90 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhaod is rated as poor. Complete replacement of all sanitary sewer pipes and access structures are proposed as part of the ProJect. Storm Sewer The storm water runoff from the southeast portion of the project area is collected in the existing storm sewer system and conveyed to the regional storm water treatment facility in Centerbrook Golf Course. Runoff from the southwest portion of the project azea is conveyed to the Northport Park storm water pond. Expansion of the storrn system and increased conveyance capacity is needed to minnYUZe local flooding. The current project cost estimate assumes complete replacement of the storm sewer system as part o�the neighborhood improvements. Project Summary 2008 Capital Improvement Program Wangstad Park Neighborhood Improvements The Wangstad Pazk Neighborhood extends from Noble Ave. to Brooklyn Blvd and from 63`� Ave. to 61�` Ave. The total project length is 15,884 feet. The neighborhood consists of approximately 257 Y residential properties (Rl and R4) and 6 commercial properties (C1). Streets June Avenue from 61s` to 63'� is a designat� Municipal State Aid Route. The majority of the streets in the project area were originally constructed between 1966 and 1968. Existing streets aze generally 30 feet wide with no curb and gutter. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to ixnprove drainage and placement of bituminous street pavement. Water main The existing water main in the project area is 6-inch and 8-inch diameter cast iron pipe installed in 1955 and between 1960 and 1969. A majority of the existing water main is believed to have a cement based internal liner. The conosion rate within the project area has not been thoroughly documented at this time. Water records indicate that three main breaks have occurred within the neighborhood. In general, cast iron water main is highly vulnerable to leaks and breaks when disturbed by replacement of adjacent sanitary sewer as noted below. The current project estimate includes replacement of the water �in within the project area to facilitate the replacement of sanitary sewer as noted below. Sanitary Sewer The sanitary sewer the project area. consists of 8-inch diameter vitrified clay pipe (VCP) installed between 1956 and 1960. Approximately 85 percent of the sanitary sewer is subjected to frequent problerns with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as poor. Complete replacement of all sanitary sewer pipes and access structures are pmposed as part of the project. Storm Sewer The Wangstad Pazk Neighborhood has only one short stretch of storm sewer on 61�` Avenue. An expansion of the storm drainage system within the project area is necessary to reduce local flooding and preserve street pavement. The existing storm sewer in the project area flaws from France Avenue. to Brooklyn Blvd. The pipe size and material are unlcnown. The cost estimate for this project area assumes new storm sewer installation in the entire proj ect area. Project Surnmery 2008 Capital Improvement Program 63' Avenue Improvements The 63`� Avenue project area extends &om the west City Limits to Brooklyn Boulevard. The project area contains a total of 5,709 linear feet of local streets. The neighborhood consists of approximately 55 residential properties (Rl to R4) and 1 commercial zoned property (C2). Streets This segment of roadway is designated a Municipal State Aid Route. 63� Avenue was originally constructed in 1955. The existing street is 43 feet wide with concrete curb and gutter. Proposed street improvements consist of the replacement of curb and gutter to improve drainage, full depth replacement of bituminous street pavement and complete sidewalk replacement. Water main The existing water main in the 63'� Avenue project azea consists of 6-inch and 10-inch diameter cast iron pipe (CIl') installed between 1956 and 1958. A condition survey must be conducted for the existing water system in the project area to determine the extent of corrosion. Water records indicate three main brealcs have occurred within the proj ect corridor. The water main is in fair condition based on current maixitenance records. The current praject cost estimate includes replacement of approximately 20 percent water main and miscellaneous hydrants as necessary in the project area. Sanitary Sewer The existing sanitary sewer consists of 8-inch diameter vitrified clay pipe Iateral sewers. These sewers were originally installed between 1956 and 1960. Approximately 35 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as fair. 1'he current proje�t cost estimate includes cast-in-place pipe (CIPP) in 35 percent of the sanitary sewer. Storm Sewer 63`� Avenue contains two storm drainage systems. The first cirainage system consists of 12-inch and 1 S- inch diameter reinforce�i concrete pipe. This system flows to Orchard Avenue and then to the storm drainage pond in Cahlander Park. The second storm system ranges fiom 18-inch to 36-inch reinforced concrete pipe. This system drains to Brooklyn Boulevard and then to Shingle Creek. The current project cost �timate includes replacing a majority of catch basin structures, castings and various pipe laterals. Project Summa�y 2008 Capitai Improvement Program Freeway Park Neighborhood Improvements The Freeway Pazk Neighborhood project azea extends from Grimes Ave to Xerxes Ave and from 69'� Ave to Interstate 94. The project area includes a total of approximately 12,869 feet of m local streets. The neighborhood consists of N approximately 216 residential properties. Streets The majority of the streets in the project area were originally constructed between 1967 and 1968. 1 1 Existing streets aze generally 30 feet wide with no curb and gutter. Poor surface drainage and low stability subgrade material has resulted in deteriorated pavement throughout the neighborhood. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main Existing water main in the Freeway Pazk Neighborhood consists of 6-inch diameter cast iron pipe installed between 1956 and 1960. Existing water main along France Ave. consists of 16-inch cast iron pipe installed in 1956. This water main is trunk feeder from Water Tower No. 1 on the comer of 69`� Avenue. and France Avenue. Higher corrosion rates have been noted within a majority of the project area. Water records indicate thirteen main breaks have occurred within the area. The current cost estimate assumes 100 percent of the water xnain in the pnoject area will be replaced. Sanitary Sewer Existing sanitary sewer within the neighborhood consists of 8-inch diameter vitrified clay pipe originally installed between 1956 and 1961. A sanitary sewer trunk line consisting of 21-inch diameter corrugated metal pipe runs along Ewing Avenue, 68�` Avenue. and Drew Avenue. A cured-in-place liner was installed along the 21-inch diameter trunk sanitary sewer as part of project 1995-11. This portion of the sanitary sewer collection system is not proposed to be replaced with the project. Approximately 50 percent of the remaining sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. At least 50 percent of the sewer system is in poor condition. Replacement of the 8-inch diameter sanitary sewer pipes and access structures are proposed as part of the project. Storm Sewer The Freeway Park improvement area consists of five small diameter storm sewer lines draining to 69�' Avenue and Interstate 94. The existing storm sewer ranges in size from 12-inch to 21-inch diameter reinforced concrexe pipe. The current cost estimate assumes replacement of the storm sewer in the improvement area to increase conveyance capacity and minimize local flooding during lazger storm events. Pnoject Swnmary 2008 Capital Improvement Program Freeway Boulevard West Improvements The Freeway Blvd West project area extends from Xerxes Avenue. to the Shingle Cr�k Bridge. The proJect area contains a total of 2,826 linear feet of local streets. The neighborhood consists of approximately 9 commerciaUindustrial properties. Streets This segment of roadway is designated as a Municipal State Aid Route. Freeway Blvd was originally constructed in 1974. The existing street is generally 45 feet wide with concrete curb and gutter. The street (_Illl��� pavement exhibits a moderate rate of deteriorated due to higher volumes af traffia The current cost estimate assumes street improvements that consist of approximately 15 percent curb replacement, 10 percer►t sidewalk replacement, 25 percent concrete apron replacement and a 2%: -inch mill and overlay of the bituminous pavement. Water maiu The existing water main in the Freeway Blvd West project area consists of 12-inch diameter cast iron pipe installal in 1974. The water main is in good condition based on current maintenance records. The current project cost estimate includes no water main replacement. Sanitary Sewer The existing sanitary sewer along the west half of the project area consists of 15-inch diaxneter reinforced concrete pipe installed in 1996. The existing sanitary sewer on the east half of the project area consists of 8-inch diameter vitrified clay pipe installed in 1974. The condition of the sanitary sewer system within the neighborhood is rated as good. The current project cost estimate includes no sanitary sewer replacement. Storm Sewer The storm sewer on Freeway Blvd consists of 12-inch to 30-inch diameter reinforced concrete pipe that drains to Shingle Creek. This storm sewer was installed in 1974. The current project cost estimate includes replacing structure castings and isolated pipe laterals as necessary within the project area. Project Summary 2008 Capital Itnptovement Progt�n Vincent Neighborhood Improvements The Vincent Neighborhood project area extends from the Centerbrook Golf Course to 53'� Avenue a,nd from Highway j` 100 to Vincent Avenue. The total project length is 1,6I6 feet. The neighborhoad consists of approximately 15 residential ,�v properties. z z Streets The majority of the streets in the project area were originally y constructed in 1956. Existing streets aze generally 30 feet wide with no curb and gutter. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is fair to poor. Proposed street impmvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The existing water main in the project area consists of 6-inch diameter cast iron pipe instalYed in 1973 and 12-inch and 16-inch diameter steel water main installed in 1965. A majority of the existing water main is believed to have a cement based internal liner: Water records indicate one main break ha.s occurred within the neighborhood. The current pmject estimate includes replacement of the 6-inch diameter cast iron water main within the proj ect area. Sanitary Sewer The sanitary sewer in the project area consists of 9-inch diameter vitrified clay pipe (VCP) installed in 1954. The sanitary sewer in the project area extends along back property lines north of 53'� Avenue then runs south along Vincent Avenue. The entire sanitary sewer is subjected to frequent problems with root intretsion. Root sawing must be perFormed on an annual basis to maintain the systexn conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as poor. The current project estimate includes replacement of the sanitary sewer along Vincent Avenue and cured-in- place rehabilitation of the sanitary sewer along the rear yards. Storm Sewer A majority of the storm water runoff from the project area is collected in the exis�ting storm sewer system south of 53`� Avenue. The curr�t project cost estirnate assumes installation of x�w storm sewer in the neighborhood due to the need to increased capacity of local storm sewers and address minor local flooding issues. Project Summary 2008 Capital Improvement Program Palmer Lake West Improvements The Palmer Lake West Neighborhood project area extends from the north City limits to 69� Ave. and from France Ave. to West Pa1mEr Lake Dr. The total projec;t length is 11,621 feet. The neighborhood consists of approximately 198 residential properties. Streets The maj ority of the streets in the proj ect area were originally canstructed in 1956 and 1957. Existing streets are generally 30 feet wide with no curb and gutter. The street pavement is detexiorated throughout most of the neighborhood. The overall pa.vement condition rating is fair to poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water matin The existing water main is 6-inch diameter cast iron pipe installed in 1956 and 1957. A majority of the existing water main is believed to have a cement based internal liner. The corrosion rate within the project area has not been thoroughly documented at this time. However, the project area. has a tustory of water main breaks along West Palmer Lake Dr., Ewing Ave. and Woodbine Lane. Water records indicate seven main breaks have occurred within the area. The current project estiYnate includes complete water main replacement. Sanitary Sewer The sanitary sewer in the project area consists of 8-inch diameter vitrified clay pipe (VCP) installed in 1956 and 1957. Lift Station No. 3 is located in the project azea on West Palmer Lake Drive. The lift station was reconstructed in 1982; the force main was replaced in 1992, and the control cabinet was replaced in 2003. Approximately 75 percent of the sanitary sewer in the project area is subjected to frequex►t problems with root intiusion. Root sawing must be performed on an annual basis to maintain the system conveyauce capacity. The condition of the sanitary sewer system within the neighborhood is rated I as poor. Complete replacement of all sanitary sewer pipes and access structures are proposed as part of the project. Storm Sewer An expansion of the storm drainage system within the project azea is necessary to reduce local flooding and preserve street pavement. A majority of the storm water nuioff from the project area is collected in the existing storm sewer system and conveyed to a regional storm water management pond adjacent to Palmer Lake. A trunk storm sewer line extends along back property lines north of Urban Ave. This line consists of 54-inch diameter reinfom,ed concrete pipe installed in 1956. Expansion of the existing storm sewer system and higher capacity will be ne�ded to minimize local flooding. The current project cost estimate assumes reconstruction of the existing storm sewer system within the street right-of-way, but doe.s not i�lude the replacement of the 54-inch diameter trunk stArm sewer within the rear yards. Projecx Summary 2008 Capital Improveanent Program Evergreen Park Neighborhood Improvements The Evergreen Pazk Neighborhood project area extends jt from Humboldt Ave. to State Highway 252 and from 69�' Ave. to 73'� Ave. Dupont Ave. is not included in the 1 project azea. The total proje�t length is 16,996 feet. T'he I neighborhood consists of a roximatel 214 residential PP Y properties (RI to RS). Streets 70'� Avenue is designated as a Municipal State Aid Route. 7 The majority of the streets in the project area were 1 1 originally constructed between I963 and .1966. Existin�g streets are generally 30 feet wide with no curb and gutter. LZ� C'� 70'" Ave. from Dupont to Hwy 252 has conerete curb and gutter and ranges in size from 30 to 65 feet wide. 70�' Ave. was constructed in 1982. The street pavement is deteriorated throughout most of the neighborhoal. The overall pavement condition rating is fair to poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The Evergreen project area contains a complex water main system. This area contains five municipal wells and one water tower. The existing water main ranges in size from 6-inch diameter cast iron pipe to 30-inch ductile iron pipe. The main line water main in the residential areas generally consists of 6-inch cast iron pipe installed between 1961 and 1965. A majority of the existing water main is believed to have a cement based internal liner. There is histo of water main breaks alon 72� Ave. Woodbine Lane a ry g and Camden Ave. Water records indicate twenty main breaks ha.ve occurred within the neighborhood. The project design process must include a detailed hydraulics study using the. City's water distribution computer model to deternune any warranted modifications to water main sizes and configuration. The current project estirnate assumes replacement of the older cast iron water main. San�tary Sewer The sanitary sewer in the proj�t area consists of 8-inch diameter vitrified clay pipe (VCP) installed in 1961 and 15-inch reinfom.ed concrete pipe installed in 1960. The south portion of the project area contains 8-inch diameter VCP installed in the 1958 a� 1960. Approximately 25 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rate� as fair. The cutrent cost estimate includes 50 percent replacement of the sanitary sewer. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to the Mississippi River. Emerson Ave., Bryant Ave. and Camden Ave. have storm drainage systems that flow to 70'� Ave. and then to the Mississippi River. The trunk line on 70�' Ave. consists of pipe ranging in size from 42-inch to 66-inch reinforced concrete pipe installed in 1960. The current project cost estimate assumes complete reconstruction of the existing storm system in the groject area. The condition of the trunk storm sewer pipe along '70�' Avenue must be evaluated to determine the remaining service life. The project estimate includes construction of a stormwater pond located to the north of 70"' Avenue and east of Camden Avenue to treat r�gional storm water runoff prior to discharging to the Mississippi River. Project Summary 2008 Capital Improvement Program Firehouse Park Neighborhood Improvements The Firehouse Park Neighborhood project area extends from 69�' Avenue to Interstate 94 and from Humboldt Avenue to i Highway 252. Dupont Avenue and 65'� Avenue are not included in the praject area. The total project length is 21,456 feet. The neighborhood consists of approximately 305 single faznily residential properties (Rl) and 14 multi- family properties (R4 and RS). Streets 67�` Avenue is designated as a Municipal State Aid Route. L The majority of the streets in the project area were originally constructed between 1964 and 1967. Existing streets are generally 30 feet wide with no curb and gutter. The stre� pavement is deteriorated throughout most of the neighborhood. The overall pavement c.ondition rating is poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of biriuninous street pavement. Water main The existing water main in the project area is 6-inch and 8-inch diameter cast iron pipe installed between 1961 and 1969. In 1974, a 16-inch diaxneter ductile iron water main was installed along 64'� Ave. A majority of the existing water main is believed to have a cement based 'urternal liner. The corrosion rate within the project area has not been thoroughly documented at this time. The current project estimate includes replacement of approximately 50 percent of the water main within the project area. The estimated water main costs will need to be refined by conducting further field inspections. Ssnitary Sewer The sanitary sewer in the north portion of the project azea consists of 8-inch diameter vitrified clay pipe VCP installed between 1961 and 1968 and between 1971 and1974. A oximatel 25 ercent of the PPr Y P saz►itary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as fair. The current project estimate includes replacement of approximately 50 percent of sanitary sewer pipes and access structures. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to the trunk storm sewer line on 65"` Avenue, and then to the Mississippi River. Runoff from the portion of the project azea north of 68 Avenue is conveyed to the tnuik storm sewer line on 69`� Avenue. The current project cost assumes reconstruction and expansion of the residential storm sewer system, but does not include replacement of the trunk storm sewer along 65�' and 69'� Avenues. I Project Summary 2008 Capital Improvement Program Interstate Neighborhood Improvements The Interstate Neighborhood project area extends from Interstate 94 to 59� Avenue and from Dupont Avenue to Lyndale Avenue. The total project length is 14,821 fee,t. The neighborhood consists of approximately 214 residential properties (Rl). Streets The majority of the streets in the project area were originally constructed in 1968 and 1969. Elcisting strcets are generally 30 feet wide with concrete curb and gutter. The street pavement is showing signs of distress r throughout most of the neighborhood. Proposed street improvements l consist of the replacement of curb and gutter as necessary and placement of r bituminous streex pavement. Water main The existing water main in the project area consists of 6-inch and 8-inch diameter cast iron pipe installed in 1969. Colfax Avenue contains a 24-inch steel water main installed in 19b4. A majority of the existing water main is believed to have a cement based intemal liner. There is no history of water main breaks in the project area. In 2019, the water main system will be in service for 50 to SS years. Cast iron water main is highly vulnerable to leaks and breaks when disturbed by replacement of adjacent sanitary sewer. The current project estimate assumes complete replacement of the water main to facilitate the sanitary sewer replacement not� below. Sanitary Sewer The sanitary sewer in the project area consists of 8-inch diameter vitrified clay pipe (VCP) installed in 1960. Approximately 90 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performefl on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as poor. Cornplete replacement of a11 sanitary sewer pipes and access shizctures are proposed as part of the project. Stortn Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to the storm trunk line on 59`� Avenue and then to the Mississippi River. Replacement of the tsunk storm sewer along 59'� Avenue and an in-line water quality treatment device is proposed as part of the Aldrich Neigt�borhaod Street and Utility Improvement ,project. The current project cost estirnate assumes complete reconstruction of the storm drainage system within the neighborhood due to the need to increased capacity of local storm sewers and the expansion of the system to address minor local flooding issues. Projed Summary 2008 Capital Improvement Progratn I Logan, 59� and Lilac Drive Improvements This project area includes Logan Avenne from j I 57 Avenue to Lilac Drive N 59 from Lilac Drive N to Dupont Avenue and Lilac Dr. N from Logan Avenue to 59�' Avenue. The total project length is 3,761 feet. The neighborhood consists of approximately 19 residential properties (Rl to RS) and 5 commercial zoned properties (C1 and C2). Streets m The entire project area is designated as a Municipal State Aid Route. The majority of the streets in the project area were originally constructed in 1966. The existing roads are 30 to 35 feet wide. Logan Avenue and Lilac Dr. N have concrete curb and gutter, and S9"' Avenue has no curb. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is fair to poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The existing water main along Logan and Lilac Dr. is 10-inch diatneter cast iron pipe installed iri 1965 and 16-inch diameter cast iron main along 59�' Avenue installed in 1969. A majority of the existing water main is believed to have a cement based internal liner. The corrosion rate within the project area has not been thoroughly documented at this time. Utility records indicate that there has been one water main break along Logan Avenue. However, the Public Utilities Division will need to excavate and inspect various fittings to determine the extent of water main replacement that is warranted. The cunent project estimate includes replacement of water main along Logan Avenue and Lilac Drive only. Sanitary Sewer The only sanitary sewer in the project azea runs along Logan Avenue. This sanitary sewer was lined with cured-in-place pipe (CIPP) in 2005. Manhole casting replacement is the only progosed sanitary sewer improvement for the project. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing trunk line along 59�' Avenue. This line consists of 24" to 36" corrugated metal pipe. A second storm lines nu�s south along Logan Avenue to 57'� Avenue. This line consists of 21" to 42" RCP installed in 1988. The current project cost estimate assumes replacement of the corrugated metal pipe alone 59�` Avenue as part of the scheduled neighborhood improvements. Project Summary 2008 Capital Improvcrnent Pmgram Grandview Park Neighborhood Improvements The Grandview Park Neighborhood project area extends Interstate 694 to 57`� Avenue and from Logan Avenue to Dupont Avenue. The total p r oj e c t length is 28,821 feet. The neighborhood consists of approximately 345 residential properties (Rl) and 4 multi-family properties (R6). i, Streets The majority of the streets in the project area were originally constructed between 1964 and 1969. Existing streets are generaliy 30 feet wide with no curb and gutter. The street pa.vement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is fair to poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The existing water maixi in the north portion of the project area is 6-inch and 8-inch diameter cast iron pipe installed be�ween 1964 and 19b9. A 16-inch steel water main runs along Emerson Avenue from 5'7�' to 59`�. A majority of the existing water main is believed. to have a cement baseri internal liner. Water records indicate two main breaks have ocxurred within the neighborhood. The current project estimate includes replacement of approximately 50 to 75 percent of the water main within the project area. The 16-inch steel water main along Emerson Avenue potently could be replaced with C900 plastic water main Sanitary Sewer The sanitary sewer in the north portion of the project area consists of 8-inch diameter vitrified clay pipe (VCP) installed in 1960 and 1963. Approximately 50 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. T'�e condition of the sanitary sewer system within the neighborhood is rated as fair to poor. The current project estimate includes replacement of approximately 50 to 75 percent of the sanitary sewer system within the project area. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to the trunk storm sewer line on 59`� Aveirue and then to the Mississippi River. A portion of the existing storm sewer system within the project area could be salvaged, although it is anticipated that expansion of the system and additional conveyance capacity will be needed to xninimize local flooding. The currern project cost estimate includes replacement of 75 percent of the local drainage system within the neighborhood. r�+o,jecc s�mmary� 2008 Capital Improvement Program Ryan Lake Industrial Park Im rovements p Th�e Ryan Lake project area incl mdes Lilac Drive N from 48 Avenue to the dead end, 48 Avenue and Dusharm Drive from Drew Avenue to the dead end and 47`" Avenue from Drew Avenue to the dead end. The total project length is 1,932 feet. The neighborhood consists of approxirnately 12 industrial properties and 3 multi- family. properties (R5). 17lH A16F N� Streets The majority of the streets in the project azea were originally constructed in 1958 and 1960. The westem portion of 47"` Avenue and Drew Avenue were reconstructed in 2002. The western portion of 48`� Avenue'was reconstructed in 2005. The rema�ning I street sections aze 25 to 40 feet wide with no curb and gutter. The street pavement is deteriorated and` in poor condition. Froposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The existing water main on Lilac Drive N and 48"' Avenue consists of 10-inch diameter cast iron pipe installed in 1958. The water main on 47�' Avenue consists of 6-inch cast iron pipe installed in 1960. The current project esti�►ate assumes complete replacement of the water main in the project area. The cost estimate also includes the cost of jacking new water main under the railroad tracks from Dushazm Drive to 49'� Avenue. Sanitary Sewer The sazvtary sewer in the project area consists of 8-inch diameter vitrified clay pipe (VCP) installed in 1960. The sanitary sewer along 4'7' Avenue and 48'" Avenue is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as fair to poor. Co lete r lacement of all sani sewer i es and access structures are ro sed as art of the ro'�t. �Y P P P Po P P J Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed. to Ryan Lake. Runoff from Lilac Drive is conveyed to storm drainage ditches along Highway 100. The current project cost estimate assumes reconstruction of all of f.he existing storm sewer system. The cost estimate also includes installation of a small storm water management pond at the inters�tion of 48"` Avenue and Dusharm Drive within City owned property adjacent to Ryan Lake. I Project Smnmarcy 2008 Capital Improvement Prograzri Park and Trail Improvements City of Brooklyn Center Shingle Creek Trail Improvements Proposed construction includes replacement of the tra.il system along Shingle Creek &om the south City Hall parking lot to County Road 10. Parallel biking and walking trails would be removed and replaced with a single ten foot wide trail section. Arboretum Park South Parking Lot Reconstruction Proposed construction includes replacement of the bituminous pavement within the south parking lot of Arboretum Park. West Central Park Trail Improvements Proposed construction includes replacing the bituminous trail system within Central Park west of Shingle Creek. The project cost estimate includes relocation of a portion of the bituminous trail along Shingle Creek away from the creek edge to prevent flooding and sinking of the new trail. An eight foot wide trail section is proposed. b9� Avenue Sidewalk Improvements Proposed construction includes replacing portions of the concrete sidewalk and bituminous trailway along 69`� Avenue from the west city limits to Brooklyn Boulevard. The bituminous trail segments in the project area are in poor condition and the concrete sidewalk segrnents are in fair to good condition. The elcisting bituminous trail segments are located between the west City limits and Toledo Avenue and between Perry and Noble Avenues. The remaining pedestrian path is concrete sidewalk. The project cost estimate assumes replaceinent of the existing bituminous trail with concrete sidewalk and replacement of approximately 25 peroent of the remaining concrete sidewalk. Northport Tennis Court Resurfacing Proposed construction includes the resurfacing and rehabilitation of the tennis courts located within Northport Park. Maintenance of this facility has become an increased priority due to the elimination of tennis courts within Kylawn Park in 2007. West Palmer Park Tennis Court Resurfacing Proposed construction includes the resurfacing and rehabilitarion of the tennis courts located within West Palmer Park. Maintenance of this facility has become an increased priority due to the elimination of tennis courts within Kylawn Park in 2007. Riverdale Park Open Picnic Shelter Proposed construction activities include the replacement of the existing shelter building with a small picnic shelter and installation of one security light. The picnic shelter struchue would be similar in design to the open picnic shelters located within Firehouse Pazk and Happy Hollow Park. Park and 7f�ail lmprovernents 2008 CIP Willow Lane Park Open Picnic Shelter The former Willow Lane Park building was lost to a fire in 2004. Proposed construction activities include the installation of a small picnic shelter and installarion of one security light. The picnic shelter structure would be similar in design to the open picnic shelters located within Firehouse Park and Happy Hollow Park. Firehouse Park Trail Improvements Proposed construction includes replacement of the entire bituminovs trail system within Firehouse Park. �xtension of the north trail section to the north baseball diamond is also proposed. An eight foot wide trail section is proposed. Kylawn Park Trail Improvements Proposed construction includes replacement of the bituminous trail system along the north part of Kylawn Park and through the playground area. An eight foot trail is proposed. The south portion of the trail system, installed in 1998, is not scheduled to be replaced. West Palmer Park Improvements Proposed construction activities include the replacement of the existing park building and replacement of four park lights. 1'he new structure is scheduled to include picnic facilities, one unisex restroom and a small utility area. The new shelter will be consistent with the park building constiucted in Kylawn Park in 2007/2008. Evergreen Park Fence and Tennis Court Reconstruction Proposed construction includes replacement of the soccer field fence and gate, replacement of the baseball and softball outfield fences and resurfacing the tennis courts within Evergreen Park. Evergreen Athietic Field Lighting Replacement Proposed construction includes replacement of the elevated outdoor lighting system for the athletic fields located within Evergreen Park. This project includes replacement of the existing lighting system. The project does not include substantial expansion of the curreY►t lighting system. Northport Park Bnilcling Proposed constxuction activities include the replacement of the e�sting shelter building, The new structlue is scheduled to include picnic facilities, one unisex restroom and a small utility area. The new shelter will be consistent with the park building constructed in Kylawn Park in 2007/2008. Baseball Backstop Replacements Proposed construction includes replacement of the baseball backstop fences at Central Park, Freeway Park and Willow Lane Pazk. Central Park Tennis Court Resurfacing Proposed construction includes the removal of two existing tennis courts and resurfacing of the two remaining two tennis courts within Central Park. Willow Lane Park Trail Improvements Proposed constcuction includes replacement of the trail system within Willow Lane Pazk. An eight foot wide trail section is proposed. Park and 7Yail Improvements 2008 CIP Baseball Fence Replacement Proposed construction includes replacement of the line fences at Central Pazk and East Palmer Lake Park and the replacement of the line and outfield fences at Northport Park. Freeway Park Trail Improvements Proposal construction includes replacement of the trail system within Freeway Park. An eight foot wide trail section is proposed. Lions Park Trail Improvements Proposed constcuction includes replacement of the trail systern within Lions Park. Pazallel biking and walking trails would be removed and replaced with a single ten foot wide trail section. Evergreen Park Trafi Improvements Proposed construction includes re�lacement of the bituminous trail within Evergreen Pazk. Replacement of the trail along 70 Avenue is not part of the project. An eight foot wide trail section is proposed. Brooklyn Boulevard City Entrance Signs Proposed improvements include painting the existing City entrance signs and cedar fences surroundiag the signs located along Brooklyn Boulevard at the Minneapolis and Brooklyn Park borders. 69`" Avenue Greenway Fence Rehabilitation Proposed construction includes refinishing the wood fence along the north side of the 69�` Avenue greenway between Brooklyn Boulevard and Palmer Lake Drive. West,River Road Trail Improvements Proposed construction includes replacement of the bituminous trail along West River Road from 73'� Avenue to bb`� Avenue. A ten foot wide trail section is proposed. Central Park East Trail Improvements Proposed construction includes replacement of the bituminous trail system within the eastern portion of Central Pazk. The trail segment proposed for replacement is between Interstate 94 and the south City Hall parking lot, east of Shingle Creek. A ten foot wide trail section is proposed along the main trail corridor and an eight foot wide trail section is proposed for the adjacent pedestrian trails. Play Ground Equipment Replacement Pmposed construction includes replacing park play ground equipment over a five year period. A total of 20 parks with playground eqwipment are located within Brooklyn Center. Four parks are scheduled for replacement each year over the five year period. An assessment of the play ground equipment will need to be done to deternune replacement priority. Palmer Lake Trail Mill and Uverlay Proposed construction i�ludes resurfacing of the existing trail system extending amund Palmer Lalce. This trail was last reconstructed in 2005 with an expected maximum service life of 15 to 20 years due to the soil stability issues within the park area. Park a�d Trail lmprovements 2008 CIP Park and Trail Improvements City of Brookly� Center Shingle Creek Trail Improvements Proposed construction includes replacement of the trail system along Shingle Creek from the south City Hall parking lot to County Road 10. Parallel biking and walking trails would be removed and replaced with a single ten foot wide trail section. Arboretum Park South Parking Lot Reconsh uction Proposed construction includes replacement of the bituminous pavement within the south parking lot of Arboretum Park. West Central Park Trail Improvements Proposed construction includes replacing the bituminous trail system within Central Park west of Shingle Creek. The project cost estimate includes relocation of a portion of the bituminous trail along Shingle Creek away from the creek edge to prevent flooding and sinking of the new trail. An eight foot wide trail section is proposed. 69� Avenue Sidewalk Improvements Proposed construction includes replacing portions of the concrete sidewalk and bituminous trailway along 69�' Avenue from the west city limits to Brooklyn Boulevard. The bituminous trail segments in the project area are in poor condition and the concrete sidewalk segments are in fair to good condition. The existing bituminous trail segments are located between the west City limits and Toledo Avenue and between Perry and Noble Avenues. The remaining pedestrian path is concrete sidewalk. The project cost estimate assumes replacement of the existing bituminous trail with concrete sidewalk and replacement of approximately 25 percent of the remaining concrete sidewalk. Northport Tennis Court Resurfacing Proposed construction includes the resurfacing and rehabilitation of the tennis caurts located within Northport Pazk. Maintenance of this facility has become an increased priority due to the elimination of tennis courts within Kylawn Park in 2007. West Palmer Park Tennis Court Resurfacing Proposed construction includes the resurfacing and rehabilitation of the tennis courts located within West Palmer Park. Maintenance of this facility has become an increased priority due to the elimination of tennis courts within Kylawn Park in 2007. Riverdale Park Open Picnic Shelter Proposed construction activities include the replacement of the existing shelter building with a small picnic shelter and installation of one security light. The picnic shelter structure would be similaz in design to the open picnic shelters located within Firehouse Park and Happy Hollow Pa.rk. Park and Trail lmprovements 2008 CIP Willow Lane Park Open Picnic Shelter The former Willow Lane Park building was lost to a fire in 2004. Proposed construction acrivities include the installation of a small picnic shelter and installation of one security light. The picnic shelter structure would be similar in design to the open picnic shelters located within Firehouse Park and Happy Hollow Park. Firehouse Park Trail Improvements Proposed canstruction includes replacement of the entire bituminous trail system within Firehouse Park. Extension of the north trail section to the north baseball diamond is also proposed. An eight foot wide trail section is proposed. Kylawn Park Trail Improvementa Proposed construction includes replacement of the bituminous trail system along the north part of Kylawn Pazk and through the playground area. An eight foot trail is proposed. The south portion of the trail system, installed in 1998, is not scheduled to be replaced. West Palmer Park Improvements Proposed construction activities include the replacement of the existing park building and replacement of four park lights. The new structure is scheduled to include picnic facilities, one unisex restroom and a small utility area. The new shelter will be consistent with the park building constructed in Kylawn Park iri 2007/2008. Evergreen Park Fence and Tennis Court Reconstruction Proposed construction includes replacement of the soccer field fence and gate, replacement of the baseball and softball outfield fences and resurfacing the tennis courts within Evergreen Pazk. Evergreen Athletic Field Lighting Replacement Proposed construction includes replacement of the elevatec}. outdoor lighting system for the athletic fields located within Evergreen Pazk. This project includes replacement of the existing lighting system. The project does not include substantial expansion of the current lighting system. Northport Park Building Praposed construction activities include the replacement of the existing shelter building. The new structure is scheduled to include picnic facilities, one unisex restroom and a�nall utility area. The new shelter will be consistent with the park building constructed in Kylawn Park in 2007/2008. Baseball B�ckstop Replacements Proposed construction includes replacement of the baseball backstop fences at Central Park, Freeway Park and Willow I.ane Pazk. Central Park Tennis Court Resurfacing Propos@d construction includes the removal of two existing tennis courts and resurfacing of the two remaining two tennis courts withiu Central Park. Willow Lane Park Trail Improvements Proposed construction includes replacement of the trail system within Willow Lane Park. An eight foot wide trail section is pmposed. Park and Tmtl Improvements 2008 CIP Baseball Fence Replacement Proposed construction includes replacement of the line fences at Central Park and East Palmer Lake Park and the replacement of the line and outfield fences at Northport Park. Freeway Park Trail Improvements Proposed construction includes replacement of the trail system within Freeway Park. An eight foot wide trail section is proposed. Lions Park Trail Improvements Pmposed construction includes replacement of the trail system within Lions Pazk. Parallel biking and walking trails would be removed and replaced with a single ten foot wide trail section. Evergreen Park Trail Improvements Proposed construction includes re�lacement of the bihuninous trail within Evergreen Park. Replacement of the trail along 70 Avenue is not part of the project. An eight foot wide trail section is proposed. Brooklyn Boulevard City Entrance Signs Proposed improvements include painting the eacisting City entrance signs and cedar fences surrounding the signs located along Brooklyn Boulevard at the Minneapolis and Brooklyn Park borders. 69`� Avenue Greenway Fence Rehabilitation Proposed construction includes refinishing the wood fence along the north side of the 69�' Avenue greenway between Braoklyn Boulevard and Palmer Lake Drive. West River Road Trail Improvements Proposed construction includes replacement of the bituminous trail along West River Road from 73'� Avenue to 66'� Avenue. R ten foot wide trail section is proposed. Central Park East Trail Improvements Propos� construction includes replacement of the bituminous trail sysfem within the eastern portion of Central Park. The trail se�ment proposed for replacement is between Interstate 94 and the south City Hall parking lot, east of Shingle Creek. A ten foot wide trail section is proposed along the main trail corridor and an eight foot wide trail section is proposed for the adjacent pedestrian trails. Play Ground Equipment Replacement Proposed construction includes replacing park play ground equipment over a five year period. A total of 20 pazks with playground equipment are located within Brooklyn Center. Four parks are scheduled for replacement each year over the five year period. An assessment of the play ground equipment will need to be done to detemune replacement priority. Palmer Lake Trail NI'ill and Overlay Proposed construction includes resurfacing of the existing trail system extending around Palmer Lake. This trail was last reconstructetl in 2005 with an expected maximum service life of 15 to 20 years due to the soil stability issues within the parlc area. Park and Trail Improvements 2008 CIP Storm Water Improvements Wetland 639W The Twin and Ryan Lakes Nutrient TMDL Report and the 2003 Twin Lakes Management Plan identify DNR Wetland 639W as a significant source of phosphorus to the Twin Lakes/Ryan Lake system. These reports indicate that Wetland 639W contains high levels of phosphorous within the sednnents that have accumulated from the upstream watershed. Water quality sampling conducted in 2003 indicated that the average total phosphorous concentrations double between the inlet and outlet of the wetland. Wetland 639W contributes an estimated 730 pounds of total phosphorous per yeaz into Upper 'I�vin Lake and neazly half of this is in readily available dissolve� form. This load represents one of the largest sources of the total phosphorus to Upper Twin Lake. The purpose of this project is to substantially reduce the amount of phosphorous release from Wetland 639W by modifying the hydraulic characteristics andlor implementing active treatment methods. This large wetland complex is lvcated adjacent to the Crystal Airport. Three alternatives for achieving this ha.ve been proposed in past shxdies: 1.) partial diversion of flow around the wetland; 2.) dechannelization and increased stora.ge within the wetland; and 3.) an alum ferric chloride treatment system. The initial project development phase would include a feasibility study to determine the most appropriate and cost effective option for achieving a reduction in phosphorous loads release from the wetland. This project would be implemented through a cooperative arrangement between the Shingle Creek Watershed Management Commission and the Cities of Bmoklyn Center, Brooklyn Park, Crystal and New Hope. The estimated project cost included in the Capital Improvement Program consists of the estimated portion of the total project cost for Brooklyn Center. Storm Water Management Bssins In 2005, the City of Brooklyn Center hired the consulting firm of Bonestroo Rosene Anderlik Associates to conduct a condition assessment of 30 storm water management ponds loca.ted throughout the City. The assessment process resulted in a list of improvements to address problems with shoreline erosion, sediment accumuladon, inlet and outlet blockages and other miscellaneous maintenance issues. Below is a description of the projects that were not considered routine annual maintenance work normally addressed as part of the annual operating budget for the Storm Drainage Utility. Storm Water Pond 12-002 Pond 12-002 is located within the west central portion of the golf course. The basin receives runoff from approxunately 4UQ acres within the southwest portion of the City. Pond deficiencies noted during the inspection include, shoreline erosion along the eastern portion of the pond; aa erosion channel that has cut through the berm separating pond 12- 002 from pond 12-003; and a large volume of accumulate�i sediments within the pond. Stor�n Drainage Project Summaries 2008 CIP Pmposeci improvements consist of repairing erosion areas and removal of a portion of the accumulated sediment. Storm Water Pond 12-003 Pond 12-002 is located within the west central portion of the golf course and includes a concrete headwall structure connecting Ponds 12-002, 12-003 and 12-004. The basin receives runoff from approximately 400 acres within the southwest portion of the City, the same drainage area as 12-002. Pond deficiencies noted during the inspection include shoreline erosion along the north and east sides of the pond. The concrete headwall structure is filling with sediment with an avera.ge of one foot of sediment in the trench and three feet of sediment near the weir outlet. Proposed improvements consist of repairing erosion areas, removal of sadiment from the headwall trench and near the outlets of the headwall structure. Storm Water Pond 12-004 Pond 12-004 is located within #he northern portion of the golf course. The basin receives runoi� frorn the Brookdale Shopping Center. The pond has lost approximately 20 percent of the wet volume due to, sediment accumulation over the first 8 years of operation. By the year 2016, the pond is expected to loose approximately 45 percent of the wet volume due to sediment accumulation. Proposed work consists of the removal of accumulated sediments to restore the water quality treatment function of the storm water pond. Storm Water Pond 12-005 Pond 12-005 receives runoff from the upstream ponds 12-002 and 12-004. The condition survey revealed that an excessive volume of sediment has accumulated in the pond and has decreased the wet storage volume necessary to provide water quality treatment. The proposed work consists of removing the accumulated sediment. Storm Water Pond 18-001 Pond 18-(�1 is located northwest of Northport Park. The pond receives runoff from approximately 120 acres of upstream drainage area.. Tlus basin has filled with an extensive amount of sediment over the past 40 to 50 yeazs. A majority of this basin is likely classified as jurisdictional wetland under the Wetland Conservation Act. However, the basin has lost many of the wetland values due to the accumulation of sediment. The proposed projeet consists of excavating sediment from the hasin to restore the flow capacity through the wetland and restore a wet pool volume with an average depth of 2 to w e restored with native 3 feet in the central part of the wetland. Fnnge areas ould b wetland species. Storm Water Pond 46-001 Pond 46-001 is located within the northern portion of Orchard: Lane Park. The pond receives runoff from approximately 60 acres of residential development located west of Orchard Lane Pazk and approximately 50 acres located north of Interstate 94/694. The pond is was originally design as a detention basin without wet volume to provide additional water quality benefit. The pmposed improveznents consist of excavating wet Stor� Drainage Project Summaries 2008 CIP storage volume below the invert of the outlet� pipe to increase the water quality treatment performance of the basin. Storm Water Pond 50-001 Pond 50-001 is located within Cahl�der Park. The pond receives runoff from approximately 230 acres of upstream residential development. Due to the large watershed to pond azea ratio, this pond is subject to higher rates of sediment accumulation and potential erosion issues. Traces of hydrocarbon pollutants were noted in the sediment during the most recent site inspection. The proposed project consists of dredging and properly disposing of sediment from the pond and repairs to various shoreline erosion issues. Storm Water Pond 60-001 Pond 6(}-001 is located west of Xerxes Avenue and south of Brooklyn Drive within Central Park. The pond receives runoff from approximately 85 acres of upstream residential development This pond was constructed in 2403. By 2013, preliminary estimates indicate that approximately 30 to 40 percent of the wet volume will be lost due to sediment accumulation. The pmposed work consists of removal of sediment and installation of a skimmer structure to enhance the water quality treatment performance of the pond. Storin Drainage Project Su►nmarres 2008 CIP MisceUaneous Water Msin and Sanitary Sewer Improvements Lift Station No. 2 Force Main Lift Station No. 2, located along Lyndale Avenue, receives wastewater flow from a service area of approximately 1,680 acres or approximately 30 percent of the city. Wastewater is then pumped into a force main that conveys the flow south from the lift station to a point approximately 700 feet south of 53`� Avenue in Minneapolis. The force main then crosses under Interstate Highway 94 and discharges to a Metropolitan Council Enviromnental Services (MCES) intercepwr locate�l on the west side of Interstate Highway 94. The portion of the force main extending from the lift station to the highway crossing was originally installed in 1959. The force main crossing under the highway was replaced around 1980 during expansion of Interstate 94. As-Built record plans for the newer segment of force main under the highway are not available in the City's engineering records. Sewer utility staff members have indicated that this segment of force main was constructed with ductile iron pipe. Significant leakage or breakage of the force main along the Mississippi River poses risk of environmental impacts to surrounding surface waters. Wastewater discharged from a bx�eak of this force main would be released directly into the Mississippi River. Emergency by-pass pumping would be very difficult to implement. The installation of temporary piping or hoses from the lift station, across the 53� Avenue Bridge, to the downstream MCES interceptor would require several hours to implement in order to by-pass the existing force main. The proposed force main replacement project would consist of constructing approximately 2000 feet of 16-inch diameter ductile iron force main para11e1 to the e�sting force main alignment. The feasibility study for the project should investigate the possibility of maintaining the existing force main for use as an emergency by-pass line. Replacement of the force main will require coordination with the City of Minneapolis, the Minnesota Department of Transportation, and Three Rivers Park District. Emergency Bypass for Lift Stat�on No. 6 Lift Station No. 6, located at 3900 Lakebreeze Avenue, receives wastewater flow from a service area of approximately 130 acres within the southwest portion of the city. Wastewater is then pumped into a force main that conveys the flow north from the lift station under the Canadian Pacific Raikoad tracks to a Metropolitan Council Environmental,Services (MCES) interceptor extending along 50'� Avenue North. Prior to the Trunk Highway 100 improvements at the Fra.nce Avenue interchange, the city had a casing under the railroad tracks for the purposes of installing an emergency by-pass line from the lift station to the MCES interceptor along 50�' Avenue. During the TH 100 pmject, this casing was reinoved as part of the grade adjustments completed along the railroad tracks. Installation of a temporary by-pass line from the lift station to the interceptor would be very difficult and rime consuming now that a casing under the raikoad tracks is not available. In the event of a force main break, wastewater would be discharged into the MnDOT right-of-way and eventually into downstream surFace waters until an emergency bypass could be installed. i Misc. Water aad Sewer Project Suranrary 2008 CIP The proposed project consists of installing a new 10-inch diameter casing under the raikoad tracks by horizantal directional drilling methods. Access structures would also be placad at both the north end and south end of the casing to allow access for installation of a temporary bypass hose. Centerbrook Golf Covrse Water Main Improvements Proposed construction includes replacement of the existing 16-inch diameter steel watermain through the Centerbrook Golf Course from Russell Avenue to the Shingle Creek pedestrian bridge. Replacement of an existing 16-inch valve near Water Tower No. 3 is also included in the projec� A section of this water main was excavated in 2005 to repair a leak. Further inspection revealed that the timber pilings were partially deteriorated and isolated secrions of the exterior coating on the steel water main were beginning to faiL Water Tower No.1 Painting The 500,000 gallon elevated storage tank located at 69'� Avenue and France Avenue was last painted in 1999 with complete interior reconditioning and exterior spot repairs. The estimated service life for the paint coating is 15 years. The proposed paint coating unprovements consist of interior spot repair and exterior coating replacement. Water Tower No. 2 Paint�ng The one-million gallon elevated storage tank located at 69`� Avenue and Dupont Avenue was last painted in 1997 when spot repairs were completed for the interior coating and the exterior of the struchue was pai.nted. The estimated service life for the paint coating is 15 yeazs. The proposed paint coating improvements consist of complete replacement of the interior and exterior paint coatings. Water Tower No. 3 Painting The 1.5 million gallon elevated storage tank located within the Centerbrook Golf Course was last painted in 1998 with completed interior reconditioning and exterior spot repairs. Exterior spot repairs were also completed on the fluted colurnn in 2005 as part of an exterior pressure washing project. The propased paint coating improvements consist of interior spot repair and exterior coating replacement. M'isa Water and Sewer Project Summary 2008 CIP s: ���1�! �������.�r/� W������ ��������.i w������' COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Todd Blomstrom, Director of Public Works DATE: December 4, 2007 SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 2006-05, 06, 07 08, Contract 2006-B, Humboldt Avenue and Earle Brown Drive Street and Utility Improvements Recommendation: Public Works staff recommends that the Brooklyn Center City Council consider th� attached resolution accepting the work performed and authorizing final payment for the Humboldt Avenue and Earle Brown Drive Street and Utility Improvement project. Background: On May 8, 2006 the City Council awarded Contract 2006-B to Hardrives, Inc. of Rogers, Minnesota boldt Avenue and Earle Brown n c �onstruction of street and utili im rovements alon Hum fo t e ty p g Drive. Hardrives has completed the construction work and is now requesting final payment for the proj ect. Budget Issues: The original contract amount for the project was $1,625,909.76. The City Council approved Change Order No. 1 on July 24, 2006 in order to revise the scope of work pursuant to the written contract. The total value of work certified for final payment is $1,538,606.36, which includes Change Order No. 1 and final contract quantity adjustments. The project was completed within budget. The attached resolution provides a summary of funding sources for the project� Humboldt Final Payment Resolution Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2006-05, 06, 07, AND 08, CONTRACT 2006-B, HUMBOLDT AVENUE AND EARLE BROWN DRNE STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Hardrives, Inc. of Rogers, Minnesota has completed the following improvement in accordance with said contract: Improvement Project Nos. 2006-05, 06, 07 08, Contract 200b-B, Humboldt Avenue and Earle Brown Drive Street and Utility 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 project Nos. 2006-05, 06, 07 and 08, Contract 2006-B, Humboldt Avenue and Earle Brown Drive Street and Utility Improvements, taking the contractor's receipt in full. The total amount to be paid for said improvements under said contract shall be $1,538,606.36. 2. The estimated project costs and revenues are hereby amended as follows: COSTS As Ori�inal Award As Final Contract 1,625,909.76 1,528,164.01 Contingency Costs 143,400.00 4,369.65 Admin/Legal/Engr. 71,700.00 111,755.43 Change Order No. 1 0 10,442.36 Tota1 Estimated Project Cost 1,841,009.76 1,654,731.45 i RESOLUTION NO. REVENUES As Ori�inal Award As Final Street Assessment 378,000.00 378,000.00 Water Utility Fund 310,449.25 294,512.22 Sanitary Sewer Utility 224,951.00 216,756.80 Storm Drainage Utility Fund 284,770.81 256,379.14 Street Reconstruction Fund 205,338.70 71,583.29 Municipal State Aid Fund 437.500.00 437,500.00 Tota1 Estimated Revenue 1,841,009.76 1,654,731.45 Decemberl0, 2007 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. ���`��a �City of Brooklyn Center TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal Support Service DATE: 5 December 2007 SUB]ECT: Request for Proposals (RFP) for Audit Services Recommendation: It is recommended that the City Council review and, if necessary, modify the attached dacument requesting proposals for audit services. Approval of the document as presented or modified is requested so that it may be distributed to audit firms wishing to make proposals, Background: Requirements for obtaining audit services for the City financial reports are found in Section 2.80 of the City Council Code of Policies. It states that "[s]pecifications tailored to the professional service...will be prepared by Staff, reviewed by the Financial Commission, and approved by the City Council." The attached Request for Proposals lays out the specifications for an auditor. The document was prepared by me, will be reviewed by the Financial Commission on Thursday evening, 6 December 2007, and is being passed pn for consideration by the City Council at its 10 December 2007 regular meeting. The term of an agreement for the firm chosen in this process will be six years; three at a price to be established immediately and three negotiated following the initial commitment. At the expiration of that six year period another RPF will be written and the process will again be opened to multiple auditing firms. The current incumbent, HLB Tautges Redpath, was the successful proposer in the last round of proposals through this process. Proposals will be due in the Finance Department by 4:00 on Thursday, 27 December 2007. As specified in the Code of Poiicies the initial review of proposals will be done by staff. The proposals meeting requirements for consideration will then be considered by a committee of City Council members, Financial Commission members, the City Manager, and the Finance Director. From that committee review, which may include interviews with some proposers, a recommendation will be made to the City Council for adoption of a muiti-year engagement with the recommended firm. In addition, a two page document titled "Audit Pracurement' is attached. This document is part of the Government Fnance Officers Association collection of f r focal over�nments. The document makes several mended Practices o Recom 9 recommendations for the procurement of auditing services, many of which have been included in Brookfyn Center's RFP document. Financial Impact: Audit costs have averaged about 42,500 over the past three years. The 2008 budget for audit services is 43,775. It is expected that proposals submitted through this process will allow us to maintain or reduce costs for the 2008 audit. GFOA Recommended Practice I Audit Procurement �(1996 and 2002� Back�round. The Government Finance Officers Association (GFOA) has long recommended that state and local governmental entities obta.in independent audits of their financial statements performed in accordance with the appropriate professional auditing standards. Properly performed audits play a vital role in the public sector by helping to preserve the integrity of the public finance functions and by maintaining citizens' confidence in their elected leaders. Recommendation. GFOA makes the following recommendations regarding the selection of auditing services: The scope of the independent audit should encompass not only the fair presentation of the basic financial statements, but also the fair presentation of the financial statements of individual funds and component units. The cost of extending full audit coverage to the financial statements of individual funds and cornponent units can be justified by the additional degree of assurance provided. Nevertheless, the selection of the appropriate scope of the independent audit ultimately remains a matter of professional judgment. Accordingly, those responsible for securing independent audits should make their decision concerning the appropriate scope of the audit engagement based upon their particular government's specific needs and circumstances, consistent with applicable legal requirements. Governmental entities should require in their audit contracts that the auditors of their financial statements conform to the independence standard promulgated in- the General Accounting Office's Government Auditing Standards even for audit engagements that are not otherwise subject to generally accepted government auditing standards. Governmental entities should enter into multiyear agreements of at least five years in duration when obtainin the services of inde ndent auditors. Such multiyear agreements can g Pe take a variety of different forms (e.g., a series of single-year contracts), consistent with applicable legal requirements. Such agreements allow for greater continuity and help to minimize the tential for disru tion in connection with the inde endent audit. Multiyear P� P P agreements can also help to reduce audit costs by aUowing auditors to recover certain "start- up" costs over several years, rather than over a single year. Governrnentai endties should undertake a full-scale competitive process for the selection of independent auditors at the end of the term of each audit contract, consistent with applicable legal requirements. Ideally, auditor independence would be enhanced by a policy requiring that the independent auditor be replaced at the end of the audit contract, as is often the case in the private sector. Unfortunately, the frequent lack of competition among audit firms fully qualified to perform publio-sector audits could make a policy of mandatory auditor rotation counterproductive. In such cases, it is recommended that a governmental entity actively seek the participation of all qualified firms, including the current auditors, assuming that the pasf performance of the current auditors has proven satisfactory. Except in cases where a multiyear agreement has taken the form of a series of single-year contracts a contractual provision for the automatic renewal of the audit contract (e.g., an automatic second term for the auditor upon satisfactary performance) is inconsistent with this recommendation. Professional standards allow independent auditors to perform certain types of nonaudit services for their audit clients. Any significant nonaudit services should always be approved in advance by a governmental entity's audit committee. Furthermore, goveinmental entities should routinely explore the possibility of alternative service providers before making a decision to engage their independent auditors to perform significant nonaudit services. The audit procurement process should be structured so that the principal factor in the selection of an independent auditor is the auditor's ability to perform a quality audit. In no case should price be allowed to serve as the sole criterion for the selection of an independent auditor. References: Audit Management Handbook, Stephen J. Gauthier, GFOA, 1989. An Elected O�cial 's Guide to Auditing, Stephen J. Gauthier, GFOA, 1992. Governmental Accounting, Auditing and Financial Reporting (GAAFR), Stephen J. Gauthier, GFOA. Model Audit RFP Diskette, GFOA. CPA Audit Quality: A Frameworh for Procuring Audit Services, General Accounting Office, August 1987. Approved by the Committee on Accounting, Auditing and Financial Reporting June 15, 2002 Adopted by Executive Board, October 25, 2002 i Ci o B�ookl n Cente� y Minnesota Request for Proposals ional Auditin Services Profess g December 2007 Daniel Jordet Director of Fiscal Support Services 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 (763) 569-3345 diordetfa�ci.brooklvn—center.mn.us 1 I. INTRODUCTION General Information The City of Brooklyn Center is soliciting proposals from quali�ied certified public accounting firms for audit of its financial statements for the three (3) fiscal yeaxs ending December 31, 2007, 2008 and 2009 with the option of auditing its financial statements for each of the three (3) subsequent fiscal years. These audits are to be performed in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government.4uditing Standards, issued by the Comptroller General of the United States. Inquiries about the engagement or the request for proposal should be addressed to: Daniel Jordet Director of Fiscal and Support Services diordetl�?a,ci.brook�vn-center.mn.us (763) 569-3345 Nine (9) copies of the proposal must be received at: 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 by 4:00 PM on Thursday, December 27, 2007. The City of Brooklyn Center reserves the right, where it ma.y serve the City of Brooklyn Center's best interest, to request additional information or clarification &om proposers. Following a review of the proposals a recommendation for award will be made by the Financial Commission to the City Council. A final decision for award of the work will be made by majority vote of the City Council. The City of Brooklyn Center reserves the right to retain all proposals submitted. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal, unless clearly and �specifically noted in the proposal submitted and confirmed in the letter of engagement between the City of Broolclyn Center and the firxn selected. Term of Engagement The City's goal is a three-year engagement understanding with three additional one-year engagements subject to the annual review and the satisfactory negotiation of terms (including a price acceptable to both the City 2 I of Brooklyn Center and the selected firm), the concurrence of the City Council and the annual availability of an appropriation. II. SERVICES REQUESTED A. Scope of Work to be Performed The City of Brooklyn Center will retain the accounting firm to audit its financial processes, records and statements in order to express an opinion on the fairness of the presentation of its government-wide, governmental major fund, business-type major fund and aggregate remaining non-major governmental and business-type fund financial statements in conformity with generally accepted accounting principles. The auditor shall also perform the tests and procedures involving required supplementary information required by the Govexnmental Accounting Standards Board (GASB) as mandated by generally accepted auditing standards. The City af Brooklyn Center also desires the firm to review the presentation of the sta.tistical section oPthe financial statements insofar as current generally accepted auditing standards require such review. The auditor is not required to audit the schedule of expenditures of federal awards if such audit is not triggered by the threshold of funding received by the City for the fiscal period. B. Aaditing Standards to be Followed To meet the requirements of this request for proposal, the audit shall be performed in accordance with generally accepting auditing standards as set forth by the American Institute of Certified Public Accountants, the standards for financial audits set forth in the US General Accounting Office's Government Auditing Stanclards (1994), the provisions of the Single Audit Act of 1996 and the provisions of US Office of Management and Budget (OMB) Circular A-133. Financial statements will be held to the standards promulgated by the Government Accounting, Auditing and Financial Reporting edition effective for the year being audited. C. Reports to be Issned Following the completion of the audit of the fiscal year's financial statements, the auditor shall issue the following reports: 3 1. An Independent Auditor's Report expressing an opinion on the presentation of the financial statements in conformity with generally accepted accounting principles. 2. A Report on Compliance and� on Internal Control over Financial Reporting based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards. 3. An Independent Auditor's Report on Compliance with Requirements Applicable to Each Major Program and on Internal Control over Compliance in Accordance with OMB Circular A-133, if applicable. 4. A Report on Compliance with Minnesota Legal Compliance Audit Guide for Local Government. 5. An Audit Committee Letter In the required Report on Internal Controls, the auditor shall communicate any reporta.ble conditions found during the audit. Reportable condirion(s) shall be defined using the standards promulgated by the Statements of Auditing Standards (SAS) in effect for the fiscal year being audited. Non-reportable conditions discovered by the auditors shall be reported in the separate Audit Committee Letter, which shall be refened to in the Report on Internal Controls. Auditors shall be required to make an immediate, vcmitten report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the City Manager. Renortin¢ to the Citv Council. Auditors shall assure themselves that the City Council of the City of Brooklyn Center's City is informed of each ofthe following: The auditor's responsibility under generally accepted auditing standards. Significant accounting policies. Management judgments and accounting estimates. Significant audit adjustments. Other infonnation in documents containing audited financial statements. Disagreements with ma.nagement. Mana.gement consultation with other accountants. Major issues discussed with management prior to retention. Difficulties encountered in performing the aud.it. 4 D. S cial Conditions Pe 1.' The City of Brooklyn Center will send its comprehensive annual financial report tfl the Government Finance Officers Association of the United States and Canada for review in their Certificate of Achievement for Excellence in Financial Reporting program. It is anticipated that the auditor will not be required to provide special assistance to the City of Brooklyn Center to meet the requirements of that program. However, the city will accept suggestions and assistance in this regard. 2. The schedule of expenditures of federal awards, if applicable, and related auditor's report, as well as the reports on the internal controls and compliance, are not to be includ.ed in the comprehensive annual financial report, but are to be issued separately. 3. The City currently anticipates it will prepare one or more official statements in connection with the sale of debt securities which will contain the general purpose financial statements and the auditor's report thereon. The auditor shall be required, if requested by the fiscal advisor and/or the undervvriter, to issue a"consent and citation of e�ertise" as the auditor and any necessary "comfort letters" as maybe required or requested. E. Working Paper Retention and Access to Worl�ing Papers All working papers and reports must be retained, at the Auditor's expense, for a minimum of three (3) years following the issuance of an opinion, unless the firm is notified in writing by the City of Brooklyn Center of the need to extend the retention period. The auditor will be required to make working papers available, upon request, to the following paxties ar their designees: City of Brooklyn Center Federal Cognizant Agency US General Accounting Of�ice (GAO) Parties designated by the federal or state govemments or by the City of Brooklyn Center as part of an audit qualiry review process. Auditors of enrities of which the Ciry of Brooklyn Center is a sub- recipient of grant funds. In addition, the firm shall xespond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. 5 I I III. DESCRIPTION OF THE GOVERNMENT A. Pr�incipal Co�rtact The Auditor's principal contact with the City of Brooklyn Center will be the Director of Fiscal and Support Services, who will coordinate the assistance to be provided by the City of Brooklyn Center to the auditor. B. Backgronad Informadon The City of Brooklyn Center is a northern suburban community loca.ted in Hennepin County, in the Twin Cities metxopolitan area and encompasses approximately 8.5 square miles. The 2000 census population of the City is 29,854. Moody's Investors Service has assigned an A1 raring for city debt instruments. Brooklyn Center is a municipal corporation under Minnesota 5ta.tutes "Plan B" form of government. The City's governing body consists of a Mayor and four Council members, all elected at large. Council members serve overlapping terms of of�ice. The present Mayor and Council members and there respective terms are: Tim Willson Mayor December 31, 2010 Dan Ryan Council Member December 31, 2Q10 Mark Yelich Council Member December 31, 2010 Kay Lasman Council Member December 31, 2008 Mary O'Connor Council Member December 31, 2008 The City Manager is responsible for the daily management of city business and the administration of policy as directed by the Council. Comelius L. Boganey is the City Manager and has served in this capacity since 2QOb. Prior to this he had served as the Assistant Ciry Manager for Brooklyn Center. Daniel Jordet has been with the City as the Fiscal and Support Services Director since 2004. He was previously the City Administrator for the City of Saint Peter and Deputy City Manager for the City of Mankato. Clara Hilger, the Assistant Finance Director, has been with the City since 20Q5 having previously served as the Fiscal Analyst for the City of Blaine C. Bndgetary Basis of Accountung The City of Brooklyn Center prepares its budgets on a basis consistent with generally accepted accounting principles. 6 D. Pension Plans The City of Brooklyn Center participates in the following pensian plans: PERA A d.efined benefit program with employer and employee conteibutions. Fire Relief Associati.on A defined benefit program with employer contributions. E. Component Units The City of Brooklyn Center is defined, for financial reporting purposes, in conformity with the Governmental Accounfiing Standards Board's Codification of Governmental Accounting and Financial Reporting Standards, Section 2100. Using these criteria, two component units axe included in the City of Brooklyn Center financial statements. The management of the City of Brooklyn Center identified the following component units for inclusion in the City of Brooklyn Center's financial statements: Housing and Redevelopment Authority of Brooklyn Center, Minnesota. RA Economic Development Authority of Brooklyn Center, Minnesota (EDA) The Brooklyn Center Fire Relief Association is a nonprofit organization that provides pensions and other benefits to its members in accordance with Minnesota Sta.tutes. Its Board of Directors is elected by the membership. Because the association is able to fund its programs independenfly of the City it is excluded from the reporting entity. F. Personnel Assigned The Finance Department is headed by the Director .of Fiscal and Support Services and consists of five employees. The principal functions performed and the number of employees assigaed to each are as follows: Function Number of E o e s Assistant Finance Director 1 Accountant 1 Finance Techriician 1 Utility Billing Technician 1 7 G. Technology Infrastractare: Optical fiber connects most city facilities to the central information processing facility l�cated at City Hall. Brooklyn Center is a member of LOGIS; a technology consortium of 26 cities that share hardwaxe and software operations and equipment. Brooklyn Center has been a LOGIS member since 1977. The following finance related software applications are provided through LOGIS: General Ledger Budget Payroll Utility Billing Pernuts Special Assessments Fire Police GIS Parks and Recreation H. Internal Audit Fanrtion The City of Brooklyn Center does not maintain an independent intemal audit function other than internal checks performed by the Finance Department. I. Availability of Prior Andit Reports and Worldng Papers Interested proposer's who wish to review prior years' audit reports and rnanagement letters should contact Clara Hilger, Assistant Finance Director 6301 Shingle Creek Parkway Brooklyn Center Minnesota 55430 chil�erna .ci.brooklvn-center. mn.us 763-569-3352 The City of Brooklyn Center will assert its best efforts to make prior audit reports and supporting working papers available to proposers if requested.. N. TIlVIE REQUIREMENTS A. Proposal Calendar Thursday, December 20, 2007: Last date for submission of questions. s Thursday, December 27, 2007: Proposals to be submitted to the City. B. Schedule for the 2007 Fiscal Yeaz Andit Detailed Audit Plan: The auditor shall provide City of Brooklyn Center both a detailed audit plan and a list of all schedules to be prepared by the City of Brooklyn Center no later than January 25, 2008. Fieldwork: The auditor shall complete all fieldwork by May 1, 2008. A schedule for interim work, fieldwork and draft reports will be determined upon completion of the auditor selection process. An earlier time schedule will be developed for audits of future fiscal years. C. Entrance Conference and Eacit Conferen�es At a minimum the following canferences should be held by the dates indicated on the schedule. These dates may be changed by mutual agreement between the City of Brooklyn Center and the selected auditor. Week of Januarv 2 L 2008: Entrance conference with City Manager and Director of Fiscal and Support Services. The purpose of this meeting will be to discuss any potential audit problems and the interim work to be performed. This meeting will also be used to establish overall liaison for the audit and to make arrangements for work space and other needs of the auditor. No Later than the Week of Anri114. 2008: Entrance conference with Director of Fiscal and Support Services and the Assistant Finance Director to commence field audit work. No Later than the Week of Mav 19. 2008: Exit conference with City Manager and Directvr of Fiscal and Support Services. The purpose of this meeting will be to summarize the results of the field work and to review results and findings. A time schedule will be developed for audits of future fiscai yeazs. D. Date Final Report is Dae The Finance Department shall prepare draft financial statements, notes and all required supplementary schedules and sta.tistical data. for the 2007 Fiscal Year by Apri14, 2008. The auditor shall provide all recommendations, revisions and suggestions for improvement to the Fiscal and Support Services Director no later than May 22, 2008 for the audit of the 2007 Fiscal Year. A revised report, including draft auditor's report(s), shall be delivered to the Director of Fiscal and Support Services no later than June 1 of each year. 9 The final report should be delivered to the Director of Fiscal and Support Services at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION A. Finauce Division and Clerical Assistance The finance division staff and responsible management personnel will be available during the audit to assist the firm by providing information, documentation and explanations.l'he preparation of confirmations will be the responsibility of the City of Brooklyn Center using the format provided by the auditor. B. Work Area The City of Brooklyn Center will provide the auditor with reasonable workspace, table and chairs. The auditor will also be provided with access to the Internet, a telephone, photocopying fa.cilities and a fax machine. Access to the auditor's working network may be arranged with the Informarion Technology staff during field work. C. Report Preparation COMPREHENSIVE ANNUA,L FINANCIAL REP�RT: Report preparation, editing, printing and binding shall be the responsibility of the City of Brooklyn Center. ALL OTHER REPORTS: Report preparation, editing, printing and binding shall be the responsibility of the auditor. VI. PROPOSAL REQUIREMENTS A. General Requirements Responses to this Request should includ.e the following informarion in the order prescribed. Submissions must be received by 4:00 p.m. on Thursday, December 27, 2007 for a proposal/response to be considered by the City: Title Page: Tide page showing the request for proposal subject; the firm's name; the name, address and telephone number of the contact person; and the date of rhe proposal. Table of Contents 10 Transmittal Letter: A signed letter of transmittal which briefly states the proposers' understanding of the work to be done, the commitment to perform the work within the time period, a statement why the fum believes itself to be best qualified to perform the engagement and a statement that the proposal is a firm and irrevocable of�er for the three year period. Technical Proposal: The Technical Proposal should follow the order set forth in Section VI B(below). Dollar Cost Proposal: 1'he Dollar Cost Proposal should follow the order set forth in Secaon VI. C(below). An executed copy of Proposer Warranties, attached to this Request for Proposal (Appendix A). Proposers should send nine (9) completed proposal packets to the following address: Daniel Jordet Director of Fiscal and Support Services City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Please mark the package as an "Audit RFP". B. Tecbnical Proposal General Requirements: The purpose of the Technical Proposal is to demonstrate the� qualifications, competence and capacity of the firms seeking to undertake an independent audit of the City of Brooklyn Center in conformity with the requirements of this request for proposal. As such, the substance of proposals will carry more weight than their form or manner of presentation. The Technical Proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. It should also specify an audit approach that will meet the request for proposal requirements. The Technical Proposal should address all the points outlined in the request for proposal(excluding any cost information which should only be included in the sealed dollar cost bid). The proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer's capabilities to satisfy the requirements of the request for proposal. While additional data may be presented, the following items must be 11 included. Theq represent the criteria against which the proposal will be evaluated. Indenendence: The firm should provide an af�irmative statement that it is independent of the City of Brooklyn Center as defined by generally accepted auditing standards the US General Accounting Office's Government Auditing Standards (1994). The firm also should provide an affirmative statement that it is independent of all of the component units of the City of Brooklyn Center as defined by those same standards. The firm should also list and describe the firm's professional relationships involving the Ciry of Brooklyn Center or its comgonent unit for the past five years, together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the proposed audit. In addition, the firm shall give the City of Brooklyn Center written notice of any professional relationships entered into during the period of this agreement. License to Practice in Minnesota: An af�'ixmarive statement should be included that the firm and all assigned key professional staff are properly licensed to practice in Minnesota. Firm Uualifications and Exoerience: The proposer should state the size of the firm, the size of the firm's govemmental audit staff, the locarion of the office from which the work on this enga.gement is to be performed and the number and nature of the professional staff to be employed in this engagement on a full-time basis and the number and nature of the staff to be so employed on a part-time basis. The firm shall also provide information on the results of any federal or state desk review of field reviews of its audits during the past three (3) years, In addition, the firm shall provide information on the circumstances and status of any disciplinary action taken or pending against the firxn during the past three (3) years with state regulatory bodies or professional organizations. Partner. Sunervisarv and Staff Uualifications and Exnerience: Identify the principal supervisory and management staff, including engagement parmer, managers, other supervisors and specialists, who would be assigned to the engagement. Indicate whether each such person is licensed to practice as a certified public accountant in Minnesota.. Provide information on the government auditing experience of each person. 12 Provide information regarding the number, qualifications and experience of the specific staff to be assigned to this engagement. Indicate how the qualiry of the staff, over the term of the engagement, will be assured. The proposer should identify the extent to which staff to be assigned to the audit reflect the City of Brooklyn Center's commitment to Affirmative Acrion. Engagement paxtners, managers, other supervisory staff and specialists may be changed if those personnel leave the fum, are promoted or are assigned to another office. Consultants and firm specialists mentioned in response to this request for proposal can only be changed with the express prior written pemlission of the City of Brooklyn Center, which retains the right to approve orreject replacements. Other audit personnel may be changed at the discretion of the proposer provided that replacements have substantially the same or better qualifications or experience. Prior Enga�ements with the Citv of Brooklvn Center: List separately all engagements within the last five years, ranked on the basis of total staff hours, for the City of Brooklyn Center by type of engagement (i.e., audit, management advisory services, other). Indicate the scope of work, date, engagement parmers, total hours, the location of the firna's of�ice from which the engagement was performed and the name and telephone number of the principal client contact. Similar En�a�ements with Other Government Entities: For the firm's office that will be assigned responsibility for the audit, list the most significant engagements (maximum-five) performed in the last five years that are similar to the engagement described in this request for proposal. These engagements should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, total hours and the name and telephone number of the principal client contact. For city engagements, indicate whether or not the Comprehensive Annual Financial Report received the GFOA Certificate of Achievement for the most recent audit Snecific Audit Annroach: The proposal should set forth a work plan, including an explanarion of the audit methodology to be fallowed to perform the services required in Section II of this request for proposal. In developing the work plan, reference should be made to such sotirces of information as the City of Brooklyn Center's budget and related materials, organizational charts, manuals and programs, and financial and other management information systems. 13 r uired to rovide the followin information on their audit Proposers w�11 be eq p g approach: Praposed segmentation of the engagement Level of sta.ff and number of hours to be assigned to each proposed segment of the engagement Sample size and the extent to which statistical sampling is to be used in the engagement Extent of use of EDP software in the engagement •�'ype and extent of analytical procedures to be used in the engagement Approach to be taken to ga.in and document an understanding of the City of Brooklyn Center's internal control structure Approach to be taken in determining laws and regulations that will be subject to audit test work Approach to be taken in drawing audit samples for purposes of tests of compliance Identification of Anticinated Potential Audit Problems: The proposal should identify and describe any anticipated potential audit problems, the firm's approach to resolving these problems and any special assistance that will be requested from the City of Brooklyn Center. Renort Format: The proposal should include sample formats for required reports. G Sealed Dollar Cost Proposal Total All-Inclusive Maximum Price: The sealed dollar cost proposed should contain all pricing information relative to performing the audit engagement as described in this request for proposal. The total all-inclusive maximum price to be bid is to contain all direct and indirect casts including all out-of-pocket expenses. The City of Brooklyn Center will not be responsible for expenses incurred in preparing and submitting the technical proposal or the sealed dollar cost bid. Such costs should not be included in the proposal. The following information should be included the Dollar Cost Proposal: Name of Firm Certification that the person signing the proposal is entitled to represent the empowered to submit the bid, and authorized to sign a �ontract with the City of Brooklyn Center. 14 A total all-inclusive Maximum Price for each year of the three (3) year engagement which shall include: Rates by Partner, Specialist, Supervisory and StaffLevel Times Hours Anticipated for Each A schedule of professional fees and elcpenses, presented in the format provided in the attachment Appendix B, that supports the tota.l all- inclusive maximum price for each year. The cost of special services should be disclosed as sepaxate components of the total all- inclusive maximum price. Out-of-pocket Expenses Included in the Total.All-inclusive Maximum Price and Reimbursement R.ates: All reimbursable expenses by category as included in the total all-inclusive m�imum price submitted by the firm. Rates for Addirional Professional Services: If it should become necessary for City of Brooklyn Center to request the auditor to render any additional services to either supplement the services requested in this RFP or to perform additional work as a result of the specific recommendations included in any report issued on this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between City of Brooklyn Center and the firm. Any such additional work agreed to between City of Brooklyn Center and the fum shall be performed at the same rates set forth in the schedule of fees and expenses included in the sealed dollar cost bid. Manner of Payment: The City expects that progress payments will be made on the basis of hours of work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with the firm's dollar cost proposal. Interim billing shall cover a period of not less than a calendar month. Payment of the final billing will be held by the City pending the delivery of the firm's final reports. VII. EVALUATION PROCEDURES A. Review of Proposal The City of Brooklyn Center reserves the right to retain all proposals submitted and use any idea in a proposal regardless of whether that proposal is selected. B. Evalnation Criteria Proposals will be evaluated using three sets of criteria. Firms meeting the mandatory criteria will have their proposals evaluated for both technical qualifications and price. The selection process will include, but not be limited to, the following criteria: 15 1. Mandatory Elements The audit firm is independent and licensed to practice in Minnesota. The firm has no conflict of interest with regard to any other work performed by the firm for the City of Brooklyn Center. The firm adheres to the instructions in this request for proposal on preparing and submitting the proposal. The firm submits a copy of its last external quality control review report and the firm has a record of qualiry audit work. 2. Technical Quality Expertise and Experience o The firm's past experience and performance on comparable govemment engagements. o The quality of the firm's professional personnel to be assigned to the engagement and the quality of the firm's management support personnel to be available far technical consultation o The firm's expertise with the GFOA Certificate of Achievement in Financial Reporting. Audit Approach o Adequacy of proposed staffing plan for various segments af the engagement o Adequacy of sampling techniques o Adequacy of analytical procedures Price o Cost will be a factor in the selection of an audit firm. However, price will not be the dominating factor in the selection process. C. Oral Presentation During the evaluation process, the City may, at its discretion, request anyone or all firms to make oral presentations. Such presentation will provide firms with an opportunity to answer any questions the Financial Commission or their designee may have on a firm's proposal. Not all firrns may be asked to make such oral presentations. D. ltight to Reject Proposals Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in 16 the proposal submitted and confirmed in the contract between the City of Brooklyn Center and the firm selected. The City of Brooklyn Center reserves the right without prejudice to reject any or all proposals. E. Disclaimer There is no expressed or implied obliga.tion for the City of Brooklyn Center to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. i 17 APPENDIX A CITY OF BROOKLYN CENTER PROPOSER WARRANTIES A. Propaser warrants that it is willing and able to comply with State of Minnesota laws with respect to foreign (non-state of Minnesota) corporations. B. Proposer warrants that it is willing and able to obtain an errors and omissions insurance policy providing a prudent amount of coverage for the willful or negligent acts or omissions of any officers, employees or agents thereof. C. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City of Brooklyn Center. D. Proposer waarran.ts that all information provided in connection with this proposal is true and accurate. E. The proposer certifies that it can and will provide and matce available at a minimum, all services set forth in Section II, Nature of Services Required. Signature of Official: Name (typed): Tide: Firm: Date: 18 APPENDIX B CITY OF BROOKLYN CENTER SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2007 FINANCIAL STATEMENTS NOTE: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum price. Standard Quoted Hourly Hourly Hours Rates Rates Total Partners Managers Supervisory Staff Other (Specify) Subtotal s Out-of-Pocket Expenses Meals and Lod�in� Transportation Other (S�ecify) Total All- inclusive Price for 2007 Audit Services 19 APPENDIX B CITY OF BROOKLYN CENTER SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDTI' OF THE 2008 FINANCIAL STATEMENTS NOTE: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total a11-inclusive maa�imum price. Standard Qnoted Hourly Hourly Hours Rates Rates Total Partners Managers Supervisory Staff Other (Specify) Subtotal S Out-of-Pocket Ex�enses Meals and Lod�in� Transportation S Other �Specify) S Total All- inclusive Price for 2008 Audit Services 20 APPENDIX B CITY OF BROOKLYN CENTER SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2009 FINANCIAL STATEMENTS NOTE: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total a11-inclusive maximum price. Standard Quoted Hourly Hourly Hours Rates Rates Total Partners Managers S Supervisory Staff Other (Specify) Subtotal S Out-of-Pocket Expenses Meals and Lod�ing TransQortation Other (Specify) Total All- inclusive Price for 2009 Audit Services 21 Member introduced the following resolution and moved its adoption: RESOLUTION NO. A RESOLUTIDN ADOPTING A"REQUEST FOR PROPOSALS" DOCUMENT FOR PROVIDING PROFESSIONAL AUDIT SERVICES WHEREAS, the City of Brooklyn Center is required by its City Council Cade of Polices to solicit proposals for performance of the annual audit of the Comprehensive Annual Financial Report; and WHEREAS, a form for obtaining those proposals, the Request for Proposals; Professional Auditing Services" has been developed and reviewed by the required people; and WHEREAS, the City Council desires to obtain a fair and impartial review of the financial statements of the City of Brooklyn center at the most reasonable cost possible. NOW, THEREFORE, BE IT RESOLVED by the City Council of tbe City of Brooklyn Center that the "Request for Proposals; Professional Audit Services", dated December 2007, is approved and should be distributed to fums wishing to prepare proposals for performance of the annual audit. 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. �4� J� �r/������ ����L.�� s 12/}0/2�07 13:50 F.AA" ANTHONY OSTLUND BAER ��1 ANTHONY C�STLLJND ll��=� A�� vxnr� v� A�r 1���' 90 SOUTN tiF:Vk:N1�H STRf_=T, SUITF. 3c�0O, �l1NNF..API)L(S. MN 55d02 PHOf�F. G12-3h�)-(i�)(i FAX 6l�-��9�69f)C W��'�'�I.AOk3(�A��'.CC')�; FP�CSiMILE COVER SNEET Please deliver the follo�ti�ing page(s) to: N AME: Camille FIRA'I: City of Brooklyn Center FACSIMILE NO.: 763-569-3494 I+ROlVI: Norman J. Baer, Esq. Total number of pages including cover: 4 DATE: December 10, 2007 COMMENTS: Please distribute this letter and attachments to thc City Council Nlembers prior to this evening's Council meeting. Thank you f'or your assistance. Original will follow by mail �j Original �vill not follow by mail TF YOU DO NOT RECEIVE THE ENTIRE FACSIMILE, PLEASE CALL US �1S SOON AS POSSIBLE. Telephone No.: (612) 349-6969 THE INFORMATION CONTAINED IN TNiS FAC3IMILE MESSAGE [S PRNILEGED AND CONFSDENTIAL INFORMATION iNTENDED F(JR THF USE OF THE ADDRESSEE fu\D NO ONE ELSE. [F YOU AKE �`�T THE R3TENDED RECIPIENT ax TE�F EMPIAYEE OR AGENT RESPONSIBLE TO DELNER'fNIS MESSnGE TO THE TNTENDED RECIPiENT, PLEAS E DO NO'C USE "('HlS 'CRASMISSION IN ANY WAY, I3UT CONrAC'1"TE?E SENDER BY TELEYHONE- THAT�K YOU. 12!10/2007 13:50 FA� .4N7'HO\1' O�TLiIND I�AER ���1�:.' ANTHQNY OSTLLIND BAER, P.A. ATTORNFI'S AT LA�7 NORMAN J. BAER Ernail: nbaer@aoblaw.com December 10, 2007 VIA FACSIMILE Brooklyn Center City Council Re: City Council Meeting of December 10: Center Pointe Our File No. 3109-1 Dear Council MemUers: On Friday, December 7, I was informed that Proposed Findings and a Res�lution related to tl�e revocation of Center Pointe's rental license is on this evening's agenda. Mr. LeFevere was kind enough to send me a copy of the proposed Resolution. As you k.now, Center Pointe l�as not had an opportunity to comment on this proposed Resolution or the related Findings. As counsel to Center Pointe, I would appreciate an opportunity to address the Council on these issues this evening. Enclosed with this letter are two pages that I have prepared analyzing the Proposed Findings. I would like to have the opportunity to discuss these with the Council. Even if I ain no t a l l o w e d t h e o p p o rt u n i t y t o c o m m e n t t o t h e C o u n c il, on behalf of Center Pointe, I ask that these be included in the Council's record. Respectfully, f1NTHONY OSTLUND BAER, P.A. Norman J. er NJB/jmb Enclosures cc: Charles LeFevere, Esq. (w/encs.) 90 S011TH SEVE�TH STREET, SLITE 3600, M1NNE�POl1S, MN 55�10?. Telephone (61�) 349-6969 Facsimile {612) 349 G9y6 www.aobla���-com 12!10/2007 13:50 FAa AN't'H01�Y OSTLIIND BAER Center Pointe 252 Units in 21 separa�e buildings Total Com�laints 10i5/06 Compliance Order (Finding B) 458 J.1/15/06 Compliance order (Finding C) 1 g 1/07 New license (proposed resolution at p. 28) 0(see 12-905) 2!21 /07 Compliance Order (Finding G) S 5 4/12/07 Surveillance (Finding 27 4/17/07 Compliance Order (Finding F) 20 4/25/07 Compliance Order (Finding E) 10 4/30/07 Compliance Order (Finding H) 10 5,�10I07 Surveillance (Finding K) 30 �/�?/07 Surveillance (Finding L) 31 10/ 1/07 City Council Hearing r N UNSECURED EXTERIOR DOORS b N PER PIZOPOSED C1TY COUNCIL FINDINGS o 0� Coin� liance Surveillance Compliance Compliance Compliance Surveillance Surveillance Surveill�an.ce 10/1�0� W January 20 7 p New License Order 4/12/07 Orde� Order Order 5/10/07 6/22/07 8/9/07 Hearing 12-905) 2/21/07 rinding J 4/17/07 4/25/07 4/30/07 Finding K Finding L Finding I rindin G Finding F Finding E Finding I� 1 2 1 1 1 2802 1 2806 1 2 2810 2 2 1 1 1 1 2 1 2814 2 2 1 1 1 2 2 2 I 2818 2 2822 2 2 2 1 2 2826 1 1 y 1 x 2830 1 1 2 1 2834 2838 2 2900 2 d 1 2904 1 2908 1 2 2 1 z 2912 2 2 2 2916 1 2920 2 1 1 2924 1 l� 1 1 1 2928 1 1 2 2 2 2932 1 2936 1 1 1 2{�40 0 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION MAKING FINDINGS OF FACT AND ORDER RELATING TO CENTER POINTE APARTMENTS A hearing was held by the Brooklyn Center City Council on October 1, 2007, at 7:00 pm. at Brooklyn Center City Hall on the matter of Center Pointe Apartments. The hearing was held to consider alleged violations of Brooklyn Center City Code relating to the licensure of Center Pointe Apartments, in accordance with Brooklyn Center City Code, Section 12.910. City staff, presenting the alleged violations, was represented by Mr. William G. Clelland of Carson, Clelland Schreder, Brooklyn Center, Minnesota. The licensee was represented by Mr. Norman J. Baer of Anthony Ostlund Baer, P.A., Minneapolis, Minnesota. Having heard and duly considered the evidence presented at the hearing and the arguments of counsel, the Council makes the following FINDINGS and ORDER: FINDINGS OF FACT A. Center Pointe Apartments ("Center Pointe") holds, and at all times pertinent to this proceeding has been operated under a regular rental dwelling license issued pursuant to Brooklyn Center City Code, Sections 12-900, et.seq. B. As documented in a Compliance Order dated October 5, 2006 (Tab 2 of the City Staff's Exhibit), the following violations of City Code existed at Center Pointe. No contrary evidence was presented: (1) Throughout Center Pointe, bedroom windows did not remain open without assistance and needed to be repaired or replaced. (Sec. 12-703.) (2) Throughout Center Pointe, windows off the decks needed to be scraped, primed, and painted. (Sec. 12-703.) (3) Throughout Center Pointe, fire extinguishers needed to be recertified. (Chapter 5— Fire Prevention) (4) Throughout Center Pointe, exterior and interior damage caused by leaking air conditioner units needed to be repaired, including the replacement of sheet rock and insulation where required to adequately repair the damage. (Sec. 12-702.) (5) Interior lighting in the entries and hallways of buildings 2802, 2816, 2818, 2900, and 2904 needed to be repaired. (6) Exterior lighting of buildings 2802, 2806, 2810, 2814, 2818, 2822, 2830, 2834, 2908, 2912, 2931, and 2940 needed to be provided. (7) Structural damage to the garages in the 2800 bank needed to be repaired. (Sea 12- 707.) t RESOLUTION NO. (8) Missing downspout on the east end of the 2800 bank of garages needed to be replaced. (Sec. 12-707.) (9) Debris on the 2800 bank of garages needed to be removed. (Sec. 12-707.) (10) The fence on the north end of the 2800 bank of garages property needed to be repaired or replaced. (Sec. 12-706.) (11) Brush and debris located behind the 2900 bank of garages needed to be removed. (Sec. 12-707.) (12) The damaged overhead doors on the 2900 bank of garages needed to be replaced. (Sec. 12-707.) (13) Debris on the roof of 2900 bank of garages needed to be removed. (Sea 12 707.) (14) Structural damage to the garages in the 2900 bank needed to be repaired. (Sec. 12- 707.) (15) Downed trees needed to be cleaned up and stumps needed to be removed. (Sec. 12- 317.) (16) Brush piles needed to be removed. (Sec. 12-317.) (17) Debris needed to be removed. (Sec. 12-702.) (18) Metal flashing along the roof perimeters needed to be prepped, caulked, primed, and painted or replaced. (Sec. 12-702.) (19) Roof jacks needed to be replaced as needed. (Sec. 12-702) (20) Exterior of 2802 building needed to be caulked where needed. (Sea 12-702.) (21) Sill under west entrance of 2802 building needed to be repaired. (Sec. 12.703.) (22) Window screen in bedroom of 2802 building Unit 101 needed to be replaced. (Sec. 12-703.) (23) Window screen in living room of 2802 building Unit 102 needed to be replaced. (Sec. 12-703.) (24) Vent fan cover in bathroom of 2802 building Unit 102 needed to be repaired or replaced. (Sec. 12-709.) (25) Bedroom window of 2802 building Unit 102 needed to be repaired or replaced. (Sec. 13-703.) (26) Refrigerator shelf bar and handle in 2802 building Unit 103 needed to be replaced. (Sea 12-402.) (27) Refrigerator shelf bar of 2802 building Unit 104 needed to be replaced. (Sec. 12- 402.) (28) Bedroom window of 2802 building Unit 104 needed to be repaired or replaced. (Sec. 13-703.) (29) Bedroom window of 2802 building Unit 201 needed to be repaired or replaced. (Sec. 13-703.) (30) Storm door screen of 2802 building Unit 201 needed to be repaired or replaced. (Sea 12-703.) (31) Shower head in bathroom of 2802 building Unit 203 needed to be replaced. (Sec. 12-405.) RESOLUTION NO. (32) Bedroom window of 2802 building Unit 204 needed to be repaired or replaced. (Sec. 12-703.) (33) Bedroom window of 2802 building Unit 204 needed to be cleaned of mold and mildew. (Sec. 12-703.) (34) Patio door screen of 2802 building Unit 302 needed to be repaired or replaced. (Sec. 12-703.) (35) GFCI outlet in kitchen of 2802 building Unit 304 needed to be repaired or replaced. (Sec. 12-504.) (36) Closet doors of 2802 building Unit 304 needed to be repaired or replaced. (Sec. 12- 703.) (37) Bedroom heat register cover of 2802 building Unit 304 needed to be replaced. (Sec. 12-702.) (38) Bedroom window of building 2806 Unit 102 needed to be repaired or replaced. (Sec. 12-703.) (39) Bedroom window of 2806 building Unit 102 needed to be cleaned of mold and mildew. (Sec. 12-703.) (40) Broken window in the bedroom of 2806 building Unit 103 needed to be replaced. (Sea 12-703.) (41) Tub and shower of 2806 building Unit 201 needed to have mold removed. (Sec. 12- 703.) (42) Toilet of 2806 building Unit 202 needed to be repaired or replaced. (Sec. 12-403.) (43) Vent fan in bathroom of 2806 building Unit 202 needed to be repaired or replaced. (Sec. 12-709.) (44) Towel bar in bathroom of 2806 building Unit 202 needed to be replaced. (Sec. 12- 403.) (45) Stove and vent hood of 2806 building Unit 204 needed to be cleaned and filter replaced. (Sec. 12-402.) (46) Bathroom ceiling of 2806 building Unit 204 needed to be repaired.(Sec. 12-704.) (47) Switch plate cover in bathroom of 2806 building Unit 204 needed to be replaced. (Sea 12-504.) (48) Drawer missing in bathroom of 2806 building Unit 204 needed to be replaced. (Sec. 12-404.) (49) Living room of 2806 building Unit 301 needed to have mold and mildew removed. (Sec. 12-703.) (50) Bathroom of 2806 building Unit 301 needed to have mold and mildew removed. (Sec. 12-703.) (51) Infestation of cockroaches needed to be eliminated of 2806 building Unit 303 by hiring a licensed pest exterminator. (Sea 12-308.) (52) Bathroom ceiling and walls of 2806 building Unit 303 needed to be repaired. (Sec. 12-704.) (53) Infestation of cockroaches needed to be eliminated of 2806 building Unit 304 by hiring a licensed pest exterminator. (Sec. 12-308.) RESOLUTION NO. 54 Sill at south entrance of 2810 buildm needed to be ainted. Sec. 12-703. g P (55) E�erior of 2810 building needed to be caulked where needed. (Sec. 12-702.) (56) Bathroom vanity door of 2810 building Unit 102 needed to be replaced. (Sea 12- 402.) (57) Refrigerator shelf bar of 2810 building Unit 104 needed to be replaced. (Sec. 12- 402.) (58) Window screen in bedroom of 2810 building Unit 104 needed to be repaired or replaced. (Sec. 12-703.) (59) Faucets in bathtub of 2810 building Unit 104 needed to be repaired or replaced. (Sec. 12-404.) (60) Bathroom ceiling of 2810 building Unit 104 needed to be repaired. (Sec. 12-704.) (61) Faucet in kitchen of 2810 building Unit 104 was leaking and needed to be repaired. (Sec. 12-402.) (62) Toilet of 2810 building Unit 104 needed to be repaired. (Sec. 12-403.) (63) Bathroom ceiling of 2810 building Unit 104 needed to be repaired. (Sec. 12-704.) (64) Stove and vent hood of 2810 building Unit 203 needed to be properly secured .(Sec. 12-402.) (65) Screen on patio door of 2810 building Unit 203 needed to be replaced. (Sec. 12- 703.) (66) Refrigerator shelf bar of 2810 building Unit 204 needed to be replaced. (Sec. 12- 402.) (67) Windows in bedroom(s) of 2810 building Unit 204 needed to be repaired so that they would open, lock and latch properly and problems with mold and mildew needed to be corrected. (Sec. 12-703.) (68) Items stored in front of windows in bedroom of 2810 building Unit 204 needed to be removed to allow means of egress. (Sec. 12-'703.) (69) Mold and mildew in the bathroom around the bathtub of 2810 building Unit 204 needed to be corrected. (Sec. 12-405.) (70) Bedroom window screens of 2810 building Unit 301 needed repair or replacement. (Sec. 12-703.) (71) Bedroom mold and mildew problem of 2810 building Unit 304 needed to be corrected. (Sec. 12-703.) (72) Exterior needed to be caulked where needed of 2814 building. (Sec. 12-702.) (73) Refrigerator shelf bar of 2814 building Unit 101 needed replacement. (Sec. 12-703.) (74) Window in bedroom of 2814 building Unit 101 needed repair or replacement. (Sea 12-703.) (75) Kitchen sink faucet of 2814 building Unit 104 needed repair or replacement. (Sec. 12-402.) (76) Storm door screen of 2814 building Unit 204 needed replacement. (Sec. 12-703.) (77) Shelf bar in freezer of 2814 building Unit 301 needed replacement. (Sec. 12-402.) (78) Bedroom window screens of 2814 building Unit 301 need replacement. (Sec. 12- 703.) RESOLUTION NO. (79) Bathroom ceiling of 2814 building Unit 301 needed repair. (Sec. 12-704.) (80) Water damaged wall around bedroom air conditioner of 2814 building Unit 304 needed repair. (Sec. 12-704.) (81) Bathroom vent fan of 2818 building Unit 102 needed repair. (Sec. 12-709.) (82) Leaking faucets in bathroom of 2818 building Unit 102 needed repair or replacement. (Sec. 12-405.) (83) Toilet of 2818 building Unit 302 needed to be properly secured. (Sec. 12-403.) (84) Bedroom window screens of 2818 building Unit 302 needed replacement. (Sec. 12- 703.) (85) Storm door screen of 2818 building Unit 302 needed repair or replacement. (Sec. 12- 703.) (86) Living room window screen of 2822 building Unit 101 needed replacement. (Sec. 12-707.} (87) Bedroom windows of 2822 building Unit 101 needed to be repaired or replaced so they closed, locked and latched properly. (Sec. 12-703.) (88) Bedroom window screens of 2822 building Unit 101 needed to be replaced. (Sec. 12-703.) (89) Bathroom vent fan of 2822 building Unit 101 needed to be repaired or replaced. (Sec. 12-709.) (90) Bathroom cabinet front panels of 2822 building Unit 103 needed to be replaced. (Sea 12-402.) (91) Patio door and storm screen of 2822 building Unit 201 needed to be repaired or replaced. (Sec. 12-703.) (92) Bedroom window mold and mildew problem of 2822 building Unit 201 needed to be corrected. (Sec. 12-703.) (93) Bathroom vent fan of 2822 building Unit 203 needed repair or replacement. (Sec. 12-709.) (94) Entire unit of 2822 building Unit 204 needed to be thoroughly cleaned. (Sea 12- 312.) (95) Bedroom windows of 2822 building Unit 204 needed to be repaired or replaced so they close, lock and latch properly. (Sec. 12-703.) (96) Bedroom window screens of 2822 building Unit 204 needed to be replaced. (Sec. 12-703.) (97) Balcony needed to have garbage removed and disposed of. (Sec. 12-312.) (98) Kitchen GFCI outlets above counter of 2822 building Unit 204 needed to be installed. (Sec. 12-504.) (99) Dishwasher of 2822 building Unit 301 needed to be repaired or replaced. (Sea 12- 402.) (100) Kitchen GFCI outlets above counter of 2822 building Unit 301 needed to be installed. (Sec. 12-504.) (101) Bathroom GFCI outlets of 2822 building Unit 302 needed to be installed. (Sec. 12- 504.) RESOLUTION NO. (102) Bathroom vent fan of 2822 building Unit 303 needed to be repaired or replaced. (Sec. 12-709.) (103) Bedroom water-damaged ceiling of 2822 building Unit 303 needed repair. (Sec. 12- 704.) (104) South entrance deteriorated wood of 2826 building needed replacement. (Sec. 12- 702.) (105) Exterior brick on corner of second floor on south side of 2826 building needed repair. (Sea 12-702.) (106} Upper window sill on west entrance was deteriorated of 2826 building and needed replacement. (Sea 12-702.) (107) Exterior needed to be caulked. (Sec. 12-702.) (108) Bedroom window screen of 2826 building Unit 201 needed repair or replacement. (Sec. 12-703.) (109) Bathroom ceiling of 2826 building Unit 201 needed repair. (Sec. 12-704.) (110) Bathroom light switch of 2826 building Unit 201 needed replacement. (Sec. 12- 504.) (111) Bathroom GFCI outlets of 2826 building Unit 203 needed to be installed. (Sec. 12- 504.) (112) Bedroom window screens of 2826 building Unit 204 needed replacement. (Sec. 12- 703.) (113) Bedroom windows of 2826 building Unit 204 needed repair or replacement so they closed, locked and latched properly. (Sea 12-703.) (114) Bathroom ceiling of 2826 building Unit 204 needed repair. (Sea 12-704.) (115) Refrigerator door gasket of 2826 building Unit 301 needed replacement. (Sea 12- 402.) (116) Bathtub of 2826 building Unit 301 needed caulking. (Sec. 12-405.) (117) Bathtub mold and mildew of 2826 building Unit 301 needed to be corrected. (Sec. 12-405.) (118) Mullion at south entrance of 2830 building needed replacement. (Sec. 12-703.) (119) A1C Box on first floor of 2830 building needed caulking. (Sec. 12-702.) (120) Exterior of 2830 building needed caulking. (Sec. 12-702.) (121) Kitchen GFCI outlets above counter of 2830 building Unit 102 needed to be installed. (Sea 12-504.) (122) Toilet of 2830 building Unit 103 needed repair or replacement. (Sec. 12-403.) (123) Bathroom vent fan of 2830 building Unit 103 needed repair or replacement. (Sec. 12-709.) (124) Refrigerator shelf bar of 2830 building Unit 104 needed replacement. (Sec. 12-402.) (125) Kitchen GFCI outlets above counter of 2830 building Unit 104 needed to be installed. (Sec. 12-504.) (126) Bathroom ceiling of 2830 building Unit 202 needed repair. (Sec. 12-704.) (127) Bathtub of 2830 building Unit 203 needed caulking. RESOLUTION NO. (128) Bathtub mold and mildew of 2830 building Unit 203 needed to be corrected (Sec. 12-405.) (129) Bathroom ceiling of 2830 building Unit 204 needed repair. (Sec. 12-704.) (130) Refrigerator shelf bar of 2830 building Unit 301 needed replacement. (Sec. 12-402.) (131) Patio door of 2830 building Unit 301 needed repair or replacement so it locked and latched properly. (Sea 12-703.) (132) Bedroom window screen of 2830 building Unit 302 needed replacement. (Sec. 12- 703.) (133) Main door, and patio door knobs of 2830 building Unit 302 needed replacement. (Sec. 12-703.) (134) Main door of 2830 building Unit 304 needed repair or replacement. (Sec. 12-703.) l R fr' in nit 102 needed re lacement. 35) e i erator and freezer shelf bar of 2834 build U p g g (Sec. 12-402.) (136) Kitchen drawer of 2834 building Unit 102 needed replacement. (Sec. 12-402.) (137) Toilet of 2834 building Unit 201 needed repair or replacement. (Sec. 12-403.) (138) Bathtub leaking faucets of 2834 building Unit 201 needed repair or replacement. (Sec. 12-405.) (139) Toilet of 2834 building Unit 203 needed repair or replacement. (Sea 12-403.) (140) Bathroom ceiling of 2834 building Unit 203 needed repair. (Sec. 12-704.) (141) Kitchen GFCI outlets above counter of 2834 building Unit 203 needed to be installed. (Sec. 12-504.) (142) Patio door screen of 2834 building Unit 203 needed to be repaired or replaced. (Sec. 12-703.) (143) Bedroom window screen of 2834 building Unit 204 needed repair or replacement. (Sec. 12-703.) (144) Bedroom closet doors of 2834 building Unit 204 needed repair or replacement. (Sec. 12-703.) (145) Kitchen GFCI outlets above counter of 2834 building Unit 204 needed to be installed. (Sec. 12-504.) (146) Bathroom vent fan of 2834 building Unit 304 needed repair or replacement. (Sec. 12-709.) (147) Tub faucet of 2838 building Unit 104 needed repair or replacement. (Sec. �2-405.) (148) Stove burners of 2838 building Unit 201 needed repair or replacement. (Sec. 12- 402.) (149) Freezer shelf bar of 2838 building Unit 201 needed replacement. (Sec. 12-402.) (150) Bedroom window of 2838 building Unit 201 needed repair or replacement. (Sec. 12- 703.) (151) Bedroom closet door of 2838 building Unit 201 needed repair or replacement. (Sec. 12-703.) (152) Bedroom-stored items that blocked egress of 2838 building Unit 201 needed to be removed. (Chapter 5 Fire Prevention) RESOLUTION NO. (153) Patio door knobs of 2838 building Unit 201 needed repair or replacement so it locked and latched properly. (Sea 12-703.) (154) Freezer shelf bar of 2838 building Unit 202 needed replacement. (Sec. 12-402.) (155) Leaking kitchen faucet of 2838 building Unit 203 needed repair or replacement. (Sec. 12-402.) (156) Stove and vent hood of 2838 building Unit 203 needed cleaning. (Sec. 12-402.) (157) Toilet of 2838 building Unit 203 needed repair or replacement. (Sec. 12-403.) (158) Bedroom ceiling fan of 2838 building Unit 203 needed repair or replacement. (Sec. 12-504.) (159) Refrigerator shelf bar of 2838 building Unit 301 needed replacement. (Sec. 12-402.) (160) Bedroom window screen of 2838 building Unit 301 needed repair or replacement. (Sec. 12-703.) (161) Toilet of 2838 building Unit 301 needed repair or replacement. (Sec. 12-403.) (162) Leaking bathtub faucets of 2838 building Unit 301 needed repair orreplacement. (Sec. 12-404.) (163) Bedroom-stored items of 2838 building Unit 301 which were blocking access needed to be removed.(Chapter 5– Fire Prevention) (164) Bedroom window screen of 2838 building Unit 302 needed replacement. (Sea 12- 703.) (165) Stove of 2838 building Unit 302 needed cleaning. (166) Refrigerator shelf bar of 2838 building Unit 303 needed replacement. (Sec. 12-402.) (167) Bathroom vanity cabinet front of 2838 building Unit 303 needed replacement. (Sec. 12-402.) (168) Patio door window and screen of 2838 building Unit 303 needed repair or replacement. (Sec. 12-703.) (169} Toilet of 2838 building Unit 304 needed repair or replacement. (Sec. 12-403.) (170) Hallway lighting of 2900 building needed repair. (Sea 12-504.) (171) Front entry doors of 2900 building needed repair or replacement. (Sec. 12-703.) (172) Exterior entry stairs of 2900 building needed repair or replacement. (Sec. 12-406.) (173) Stucco on west exterior wall of 2900 building needed repair. (Sec. 12-702.) (174) A/C units on first floor of 2900 building needed repair and caulk. (Sec. 12-709, 12- 702.) (175) Handicap parking sign in west parking lot of 2900 building needed replacement. (176) Dryer and combustion air vents on west side of 2900 building needed cleaning, repair or replacement. (Sec. 12-702.) (177) Rotten sill near east exit of 2900 building needed replacement. (Sec. 12-702.) (178) Caulk on exterior was deteriorated of 2900 building and needed to be removed and replaced. (Sec. 12-702.) (179) Stove burners of 2900 building Unit 103 needed repair or replacement. (Sec. 12- 402.) (180) Dishwasher of 2900 building Unit 103 needed repair or replacement. (Sec. 12-402.) (181) Bathroom ceiling of 2900 building needed repair. (Sec. 12-704.) RESOLUTION NO. (182) Bathtub of 2900 building Unit 104 needed caulking. (Sec. 12-405.) (183) Leaking bathtub faucets of 2900 building Unit 104 needed repair or replacement. (Sea 12-405.) (184) Tub spout and handles of 2900 building Unit 104 needed caulking. (Sec. 12-405.) (185) Dryer and combustion air vents on west entrance of 2900 building Unit 201 needed to be repaired, replaced or cleaned. (Sec. 12-702.) (186) Non-working smoke detectors of 2900 building Unit 202 needed repair. (Sec. 5- 204f.) (187) Bedroom windows of 2900 building Unit 203 needed repair or replacement. (Sec. 12-703.) (188) Leaking bathtub faucets of 2900 building Unit 243 needed repair or replacement. (Sec. 12-405.) (189) Bathroom ceiling of 2900 building Unit 203 needed repair. (Sec. 12-704.) (190) Non-working smoke detectors of 2900 building Unit 203 needed repair. (Sec. 5- 204f.) (191) Bedroom windows of 2900 building Unit 204 needed repair or replacement. (Sec. 12-703.) (192) Hallway light globe of 2900 building Unit 302 needed to be installed. (Sea 12-504.) (193) Toilet of 2900 building Unit 302 needed repair or replacement. (Sec. 12-403.) (194) Vent fan of 2900 building Unit 302 needed repair or replacement. (Sec. 12-709.) (195) Non-working smoke detectors of 2900 building Unit 302 needed repair. (Sec. 5- 204f.) (1.96) Air conditioner of 2900 building Unit 303 needed repair or replacement. (Sec. 12- 709.) (197) Toilet of 2900 building Unit 303 needed repair or replacement. (Sea 12-403.) (198) Current boiler license of 2900 building Laundry/Mechanical Room needed to be displayed. (Sea 12-301.) (199) One hour wall of 2900 building Laundry/Mechanical Room needed repair. (Sea 12- 704.) (200) Glass at north entrance of 2904 building needed replacement and caulking. (Sec. 12- 702. (201) Brick on lower northeast corner of 2900 building needed replacement. (Sec. 12- 702.) (202) Siding/brick at windows on east side and brick stucco of 2900 building needed caulk. (Sec. 12-702.) (203) Two A/C units on east side of 2900 building needed cut in flashing. (Sec. 12-702.) (204) Deteriorated caulk on exterior of 2900 building needed to be removed and replaced. (Sec. 12-702.) (205) Toilet of 2900 building Unit 101 needed repair or replacement. (Sec. 12-403.) (206) Bathroom ceiling of 2900 building Unit 102 needed repair. (Sec. 12-704.) (207) Non-working smoke detectors of 2900 building Unit 102 needed repair. (Sec. 5- 204f.) RESOLUTION NO. (208) Stove burners of 2900 building Unit 103 needed repair or replacement. (Sec. 12- 402.) (209) Floor covering in kitchen/dining area of 2900 building Unit 103 needed repair or replacement. (Sea 12-704.) (210) Vent fan of 2900 building Unit 104 needed repair or replacement. (Sec. 12-708.) (211) Bathtub of 2900 building Unit 201 needed caulking. (Sec. 12-405.) (212) Leaking bathtub faucets of 2900 building Unit 201 needed repair or replacement. (Sec. 12-405.) (213) Bathroom ceiling of 2900 building Unit 201 needed repair. (Sec. 12-704.) (214) Bedroom window items of 2900 building Unit 301 needed to be moved as means of egress. (Sec. 12-703.) (215) Toilet of 2900 building Unit 301 needed repair or replacement. (Sec. 12-403.) (216) Patio door knob of 2900 building Unit 302 needed repair. (Sec. 12-703.) (217) Kitchen surfaces of 2900 building Unit 302 needed to cleaned of grease. (Sec. 12- 709.) (218) Bedroom window items of 2900 building Unit 302 needed to be moved as means of egress. (Sec. 12-703.) (219) Toilet of 2900 building Unit 302 needed repair or replacement. (Sec. 12-403.) (220) Leaking bathtub faucets of 2900 building Unit 302 needed repair or replacement. (Sec. 12-405.) (221) Bathroom plugged of 2900 building Unit 302. Needed to correct problem. (Sea 12- 405.) (222) Toilet of 2900 building Unit 304 needed repair or replacement. (Sec. 12-403.) (223) Leaking bathtub faucets of 2900 building Unit 304 needed repair or replacement. (Sec. 12-405.) (224) Non-working smoke detectors of 2900 building Unit 304 needed repair. (Sec. 5- 204f.) (225) Fire door on first floor hallway of 2908 building needed repair or replacement. (Sec. 12-703.) (226) Back entry door of 2908 building needed door trim replaced. (Sec. 12-703.) (227) Bathroom ceiling of 2908 building Unit 101 needed repair. (Sec. 12-704.) (228) Air conditioner of 2908 building Unit 101 needed repair or replacement. (Sec. 12- 709.) (229) Toilet of 2908 building Unit 101 needed repair or replacement. (Sec. 12-430.) (230) Toilet of 2908 building Unit 103 needed repair or replacement. (Sec. 12-403.) (231) Leaking bathtub faucets of 2908 building Unit 103 needed repair or replacement. (Sec. 12-405.) (232) Bathroom ceiling of 2908 building Unit 103 needed repair. (Sec. 12-704.) (233) Non-working smoke detectors of 2908 building Unit 103 needed repair. (Sea 5- 204f.) (234) Front base cabinet door of 2908 building Unit 203 was missing and needed to be replaced. (Sec. 12-402.) RESOLUTION NO. (235) Bedroom window items of 2908 building Unit 203 needed to be moved as means of egress. (Sec. 12-703.) (236) Patio door of 2908 building Unit 204 needed replacement. (Sec. 12-703.) (237) Leaking bathtub faucets of 2908 building Unit 204 needed repair or replacement. (Sec. 12-405.) (238) Bathroom towel bar of 2908 building Unit 204 needed replacement. (Sec. 12-403.) (239) Bathroom sink plugged of 2908 building Unit 204. Needed to correct problem. (Sec. 12-405.) (240) Non-working smoke detectors of 2908 building Unit 204 needed repair. (Sec. 5- 204f.) (241) Refrigerator freezer of 2908 building Unit 204 needed repair or replacement. (Sec. 12-402.) (242) Vanity/sink of 2908 building Unit 301 needed caulking. (Sea 12-404.) 243 Leakin bathtub faucets of 2908 buildin Unit 301 needed re air or re lacement. P P g g (Sec. 12-405.) (244) Toilet of 2908 building Unit 301 needed repair or replacement. (Sec. 12-403.) �(245) Air conditioner of 2908 building Unit 302 needed repair or replacement. (Sec. 12- 709.) (246) Hallway light globe of 2908 building Unit 303 needed to be installed. (Sec. 12-504.) (247) Toilet of 2908 building Unit 303 needed repair or replacement. (Sec. 12-403.) (248) Non-working smoke detectors of 2908 building Unit 303 needed repair. (Sec. 5- 204f.) (249) Toilet of 2908 building Unit 304 needed repair or replacement. (Sec. 12-403.) (250) Front entry door of 2912 building needed repair or replacement. (Sea 12-703.) (251) Laundry room heat detector of 2912 building needed repair or replacement: (Chapter 5-Fire Prevention) (252) Hallway lighting of 2912 building needed repair or replacement. (Sec. 12-504.) (253) Dryer and combustion air vents on west side of 2912 building needed repair, replacement and cleaning. (Sec. 12-702.) (254) Back entry door of 2912 building needed to be properly secured so it locked and latched. (Sec. 12-703.) (255) Stairs on west side of 2912 building needed repair or replacement. (Sec. 12-406.) (256) A/C units on east side of 2912 building needed caulking. (Sec. 12-702.) 257 Exterior of 2912 buildin needed caulkin where needed. Sec. 12-702. g g (258) Toilet of 2912 building Unit 101 needed repair or replacement. (Sec. 12-403.) (259) Bathtub and handles of 2912 building Unit 101 needed caulking. (Sec. 12-405.) (260) Kitchen cabinet drawer front of 2912 building Unit 102 needed replacement. (Sec. 12-402.) (261) Bathtub and handles of 2912 building Unit 102 needed caulking. (Sec. 12-405.) (262) Bathroom broken light switch of 2912 building Unit 102 needed repair. (Sec. 12- 504.) RESOLUTION NO. (263) Non-working smoke detectors of 2912 building Unit 102 needed repair. (Sec. 5- 204f.) (264) Bathroom ceiling of 2912 building Unit 201 needed repair. (Sec. 12-704.) (265) Bathroom ceiling of 2912 building Unit 202 needed repair. (Sec. 12-704.) (266) Tub tile of 2912 building Unit 202 needed replacement. (Sec. 12-405.) (267) Carpeting of 2912 building Unit 203 needed to be cleaned and shampooed or replaced. (Sea 12-704.) (268) Toilet of 2912 building Unit 203 needed repair or replacement. (Sec. 12-403.) (269) Bathroom ceiling of 2912 building Unit 203 needed repair. (Sec. 12-704). (270) Stove burners of 2912 building Unit 204 needed repair or replacement. (Sea 12- 402.) (271) Toilet of 29I2 building Unit 204 needed repair or replacement. (Sec. 12-403.) (272) Toilet of 2912 building Unit 301 needed repair or replacement. (Sea 12-403.) (273) Bathtub and tub spout of 2912 building Unit 203 needed caulking. (Sec. 12-405.) (274) Toilet of 2912 building Unit 203 needed repair or replacement. (Sec. 12-403.) (275) Toilet of 2912 building Unit 303 needed repair or replacement. (Sec. 12-403.) (276) Bathroom cabinet drawers of 2912 building Unit 303 were missing. Needed to replace. (Sec. 12-404.) (277) A/C unit of 2912 building Unit 304 needed repair where there was mold. (Sea 12- 704.) (278) Hallway lighting of 2916 building needed repair or replacement. (Sec. 12-504.) (279) Entry doors of 2916 building needed to be properly secured so they locked and latched. (Sec. 12-703.) (280) Dryer and combustion air vents on west side of 2916 building needed to be repaired, replaced and cleaned. (Sec. 12-702.) (281) Exterior of 2916 building needed to be caulked where needed. (Sea 12-702.) (282) Air conditioner wall of 2916 building Unit 202 needed to be repaired. (Sec. 12-704.) (283) Bathtub handles and spout of 2916 building Unit 203 needed caulking. (Sec. 12- 405.) (284) Living room ceiling of 2916 building Unit 204 needed stain kill and paint. (Sec. 12- 704.) (285) Kitchen vent fan of 2916 building Unit 301 needed repair or replacement. (Sec. 12- 402.) (286) Bathtub and handles of 2916 building Unit 301 needed caulk. (Sec. 12-405.) (287) Leaking faucets in bathroom sink and bathtub of 2916 building Unit 301 needed repair or replacement. (Sec. 12-404.) (288) Toilet of 2916 building Unit 301 needed repair or replacement. (Sec. 12-403.) (289) Non-working smoke detectors of 2916 building Unit 301 needed repair. (Sea 5- 204f.) (290) Air conditioner wall of 2916 building Unit 302 needed repair. (Sec. 12-704.) (291) Missing bedroom window screen of 2916 building Unit 302 needed replacement. (Sec. 12-703.) RESOLUTION NO. (292) Missing bathroom vanity kickplate of 2916 building Unit 302 needed replacement. (Sec. 12-404.) (293) Non-working smoke detectors of 2916 building Unit 302 needed repair. (Sea 5- 204f.) (294) Boiler license of 2920 building needed to be posted in the boiler room. (Sec. 12- 709.) (295) Recertification of 2920 building was due on RPZ's. (Sec. 12-709.) (296) One hour walls of 2920 building needed repair. (Sea 12-704.) (297) Stucco on 2920 building needed repair. (Sec. 12-702.) (298) A/C unit on first floor, north side of 2920 building needed repair. (Sec. 12-709.) (299) Glass on north entrance of 2920 building needed to be replaced. (Sec. 12-703.) (300) Stucco on east side of 2920 building needed to be repaired or replaced. (Sec. 12- 702.) (301) Exterior of 2920 building needed caulking. (Sec. 12-702.) (302) Globe on hallway light of 2920 building Unit 101 needed to be installed. (Sec. 12- 504.) (303) Bathtub on 2920 building Unit 101 needed caulking. (Sec. 12-405.) (304) Toilet of 2920 building Unit 201 needed repair or replacement. (Sec. 12-403.) (305) Leaking faucets bathtub of 2920 building Unit 201 needed repair or replacement. (Sec. 12-404.) (306) Bathtub and handles of 2920 building Unit 202 needed caulking. (Sec. 12-405.) (307) Toilet of 2920 building Unit 203 needed repair or replacement. (Sea 12-403.) (308) Leaking faucets in bathtub of 2920 building unit 203 needed repair or replacing. (Sec. 12-405.) (309) Smoke detectors of 2920 building Unit 203 needed repair. (Sea 5-204f.) (310) Toilet of 2920 building Unit 301 needed repair or replacement. (Sec. 12-403.) (311) Light globe in kitchen/dining area of 2920 building Unit 302 needed replacement. (Sec. 12-703.) (312) Closet doors in bedrooms of 2920 building Unit 302 needed repair or replacement. (Sec. 12-703.) (313) Burners on stove of 2920 building Unit 302 needed repair or replacement. (Sea 12- 402.) (314) Air conditioner of 2920 building Unit 304 needed repair or replacement. (Sec. 12- 709.) (315) Globe on hallway light of 2920 building Unit 304 needed installation. (Sec.12-504.) (316) Entry doors of 2924 building needed to be secured properly. (Sec. 12-703.) (317) Smoke detectors of 2924 building Unit 304 needed repair. (Sea 5-204f.) (318) Fire door on second floor of 2924 building needed repair. (Sec. 12-703.) (319) Dryer vent in laundry room of 2924 building needed reconnection. (Sec. 12-�09.) (320) Recertification of 2924 building was due on RPZ's(Sea 12-709.) (321) Current boiler license of 2924 building needed to be displayed. (Sec. 12-709.) (322) Access cover to boiler room of 2924 building needed to be secured. (Sec. 12-709.) RESOLUTION NO. (323) Exterior of 2924 building needed caulking. (Sec. 12-702.) (324) Water faucet and caulk around openings on east side of 2924 building needed to be secured. (Sea 12-702.) (325) Exterior light over exit of 2924 building needed repair. (Sec. 12-504.) (326) Leaking faucet in kitchen of 2924 building Unit 101 needed repair or replacement. (Sec. 12-402.) (327) Stove oven (oven not working) of 2924 building Unit 101 needed repair or replacement. (Sect. 12-402.) (328) Vent fan in bathroom of 2924 building Unit 101 needed repair or replacement. (Sec. 12-709.) (329) C.O. cover behind toilet of 2924 building Unit 101 needed installing. (Sec. 12-403.) (330) Smoke detectors of 2924 building Unit 101 needed repair. (Sea 5-204f.) (331) Air conditioner and wall around AiC of 2924 building Unit 102 needed repair or replacement. (Sea 12-709.) (332) Licensed pest exterminator needed to be hired to eliminate the infestation of cockroaches of 2924 building Unit 102. (Sec. 12-308.) (333) Vent hood over stove of 2924 building Unit 104 needed repair or replacement. (Sec 12-402.) (334) Bathtub, handles and spout of 2924 building Unit 104 needed caulking. (Sec. 12- i 405.) (335) Air conditioner and wall around A/C of 2924 building Unit 202 needed repair or replacement. (Sec. 12-709.) (336) Toilet of 2924 building Unit 202 needed repair or replacement. (Sec. 12-403.) (337) Bathrobe handles of 2924 building Unit 202 needed caulking. (Sec. 12-405.) (338) Vent fan in bathroom of 2924 building Unit 202 needed repair or replacement. (Sec. 12-709.) (339) Air conditioner and wall around A/C of 2924 building Unit 203 needed repair or replacement. (Sec. 12-709.) (340) Bathroom ceiling of 2924 building Unit 203 needed repair. (Sea 12-704.) (341) Toilet of 2924 building Unit 204 needed repair or replacement. (Sec. 12-403.) (342) Bathtub of 2924 building Unit 204 needed caulking. (Sec. 12-405.) (343) Smoke Detectors of 2924 building Unit 204 needed repair. (Sec. 5-204f.) (344) Kill and ceiling in living room of 2924 building Unit 301 needed staining and painting. (Sec. 12-704.) (345) Toilet of 2924 building Unit 301 needed repair or replacement. (Sec. 12-403.) (346) Smoke detectors of 2924 building Unit 301 needed repair or replacement. (Sec. 5- 204f.) (347) Air conditioner and wall around A/C of 2924 building Unit 302 needed repair or replacement. (Sec. 12-709.) (348) Drawer front on cabinet in bathroom of 2924 building Unit 302 needed replacement. (Sec. 12-402.) (349) Smoke detectors of 2924 building Unit 302 needed repair. (Sec. 5-204f.) RESOLUTION NO. (350) Dishwasher of 2924 building Unit 303 needed repair or replacement. (Sec. 12-402.) (351) Drawer front missing from kitchen cabinet of 2924 building Unit 303 needed replacement (Sea 12-402.) (352) Light globe in kitchen of 2924 building Unit 303 needed replacement. (Sec. 12-504.) (353) Ceiling fan in kitchen of 2924 building Unit 303 needed replacement (Sec. 12-504.) (354) Switch plate cover in hallway/entry of 2924 building Unit 304 needed replacement. (Sec. 12-504.) (355) GFCI outlets of 2924 building Unit 304 needed verification. (Sec. 12-504.) (356) Front entry door of 2928 building needed to be secured. (Sec. 12-703.) (357) Dryer and air vents on west entrance of 2928 building needed repair, replacement and cleaning. (Sec. 12-702.) (358) Exposed cable on west side of 2928 building needed to be buried. (Sec. 12-302.) (359) Stucco on east wall of 2928 building needed repair or replacement. (Sec. 12-702.) (360) Exterior of 2928 building needed caulking where needed. (Sea 12-702.) (361) Vent fan in bathroom of 2928 building Unit 101 needed repair or replacement. (Sec. 12-709.) (362) Air conditioner of 2928 building Unit 102 needed to be properly secured. (Sec. 12- 709.) (363) Windows in bedroom of 2928 building Unit 102 needed repair or replacement. (Sec. 12-703.) (364) Hard wire smoke detector of 2928 building Unit 102 needed replacement. (Sea 5- 204f.) (365) Bathroom ceiling of 2928 building Unit 103 needed repair. (Sec. 12-704.) (366) Air conditioning units of 2928 building Unit 104 needed to be secured. (Sea 12- 709.) (367) Vent fan in bathroom of 2928 building Unit 104 needed repair or replacement. (Sec. 12-709.) (368) Bathroom ceiling of 2928 building Unit 104 needed repair. (Sec. 12-704.) (369) Smoke detector of 2928 building Unit 104 needed replacement. (Sea 5-204f.) (370) Toilet of 2928 building Unit 201 needed repair or replacement and needed to be properly secured. (Sec. 12-403.) (371) Smoke detectors of 2928 building Unit 201 needed replacement. (Sec. 5-204f.) (372) Bathroom ceiling of 2928 building Unit 201 needed repair. (Sec. 12-704.) (373) Ceiling fan in kitchen of 2928 building Unit 202 needed repair or replacement. (Sec. 12-504.) (374) Smoke detector in bedroom of 2928 building Unit 202 needed replacement. (Sea 5- 204f.) (375) Air conditioner of 2928 building Unit 203 needed repair or replacement. (Sec. 12- 709.) (376) Patio door of 2928 building Unit 203 needed repair or replacement. (Sec. 12-703.) (377) Drawer front on kitchen cabinets of 2928 building Unit 203 needed replacement. (Sec. 12-402.) i RESOLUTION NO. (378) Bedroom window screens of 2928 building Unit 203 needed replacement. (Sec. 12- 703.) (379) Toilet of 2928 building Unit 203 needed repair or replacement. (Sec. 12-403.) (380) Bathroom vent fan of 2928 building Unit 203 needed repair or replacement. (Sec. 12-709.) (381) Bathroom ceiling of 2928 building Unit 203 needed repair. (Sea 12-704.) (382) Refrigerator shelf bar of 2928 building Unit 204 needed replacement. (Sec. 12-402.) (383) Bathtub and handles of 2928 building Unit 204 needed caulking. (Sec. 12-405.) (384) Toilet of 2928 building Unit 301 needed repair or replacement and needed to be properly secured. (Sea 12-403.) (385) Toilet of 2928 building Unit 302 needed to be properly secured. (Sec. 12-403.) (386) Bathtub and handles of 2928 building Unit 304 needed caulking. (Sec. 12-405.) (387) Toilet of 2928 building Unit 304 needed to be properly secured. (Sec. 12-403.) (388) Front entry doors of 2932 building needed to be properly secured. (Sea 12-703.) (389) First floor fire door of 2932 building needed repair or replacement. (Sec. 12-703.) (390) Second floor fire door of 2932 building needed repair or replacement. (Sec. 12-703.) (391) South entrance of 2932 building needed painting. (Sea 12-703.) (392) Noxious weds on west side of property of 2932 building needed to be removed. (Sec. 19-103.) (393) E�erior of 2932 building needed caulking where needed. (Sec. 12-702.) (394) Refrigerator door gasket of 2932 building Unit 103 needed repair or replacement. (Sec. 12-402.) (395) Light globe in bedroom of 2932 building Unit 103 needed replacement. (Sec. 12- 504.) (396) Smoke detector in bedroom of 2932 building Unit 103 needed replacement. (Sea 5- 204f.) (397) Licensed pest exterminator needed to be hired to eliminate the infestation of cockroaches of 2932 building Unit 103. (Sec. 12-308.) (398) Bathroom ceiling of 2932 building Unit 104 needed repair. (Sec. 12-704.) (399) Ceiling in living room of 2932 building Unit 201 needed repair. (Sea 12-704.) (400) Vent fan of 2932 building Unit 201 needed repair or replacement. (Sea 12-709.) (401) Wire smoke detector of 2932 building Unit 201 needed replacement. (Sec. 5-204f.) (402) Globe on hallway light of 2932 building Unit 303 needed to be installed. (Sec.12- 504.) (403) Switch plate cover in hallway/entry of 2932 building needed replacement. (Sec. 12- 504.) (404) Kitchen light and switch plate cover of 2932 building needed repair or replacement. (Sec. 12-504.) (405) Smoke detector of 2932 building Unit 303 needed replacement. (Sec. 5-204f.) (406) Battery operated smoke detectors in every bedroom of 2932 building Unit 304 needed to be installed. (Sea 5-204f.) (407) Leasing signs of 2936 building needed repair or replacement. (Sec. 35-313.) RESOLUTION NO. (408) Second floor window sill under window on SE side of 2936 building needed repair. (Sec. 12-703.) (409) Exterior of 2936 building needed caulking where needed. (Sec. 12-702.) (410) First floor A/C on north side of 2936 building needed repair. (Sea 12-709.) (411) Stucco on east side of 2936 building needed repair. (Sec. 12-702.) (412) Window in boiler room of 2936 building needed replacement. (Sea 12-703.) (413) Exterior of 2936 building needed caulking. (Sec. 12-702.) (414) Bathroom light of 2936 building Unit 103 needed repair or replacement. (Sec. 12- 504.) (415) Toilet of 2936 building Unit 104 needed repair or replacement and needed to be properly secured. (Sec. 12-403.) (416) Hard wire smoke detector of 2936 building Unit 104 needed replacement. (Sec. 5- 204f.) (417) Battery operated smoke detectors in every bedroom of 2936 building Unit 104 needed installation. (Sea 50-204f.) (418) Bathroom ceiling of 2936 building Unit 201 needed repair. (Sec 12.704.) (419) Grease laden surfaces in kitchen of 2936 building Unit 202 needed cleaning. (Sec. 12-709.) (420) Faucets in bathtub of 2936 building needed repair or replacement. (Sec. 12-405.) (421) Bathroom ceiling of 2936 building Unit 202 needed repair. (Sec. 12-704.) (422) Dishwasher of 2936 building Unit 203 needed repair or replacement. (Sec. 12-402.) (423) Fire extinguisher of 2936 building Unit 203 needed to be provided. (Sec. 12-709.) (424} Air conditioner of 2936 building Unit 203 needed repair or replacement. (Sea 12- 709.) (425) Wall around wall air conditioner of 2936 building Unit 203 needed repair. (sec. 12- 704.) (426) Air conditioner of 2936 building Unit 204 needed repair or replacement. (sec. 12- 709.) (427) Wall around air conditioner of 2936 building Unit 204 needed repair. (sea 12-704.) (428) Bathtub of 2936 building Unit 204 needed caulking. (Sec. 12-405.) (429) Toilet of 2936 building Unit 204 needed to be properly secured. (Sec. 12-403.) (430) Smoke detector of 2936 building Unit 204 needed to be replaced. (Sea 5-204f.) (431) Toilet of 2936 building Unit 301 needed to be properly secured. (Sec. 12-403.) (432) Wall around air conditioner of 2936 building Unit 302 needed repair. (Sea 12-704.) (433) Globe on hallway light of 2936 building Unit 302 needed to be installed. (Sec. 12- 504.) (434) Smoke detector of 2936 building Unit 302 needed replacement (Sec. 5-204f.) (435) First floor fire door of 2940 building needed repair or replacement. (Sec. 12-703.) (436) Exposed wood on south entrance of 2940 building needed painting. (Sec. 12-702.) (437) Dryer vent on north side of 2940 building needed caulking. (Sea 12-702.) (438) Exterior of 2940 building needed caulking where needed. (Sec. 12-702.) (439) Bathroom ceiling of 2940 building Unit 102 needed repair. (Sea 12-704.) RESOLUTION NO. (440) Floor covering on kitchen/dining area of 2940 building Unit 102 needed repair or replacement. (Sec. 12-704.) (441) Smoke detector(s) of 2940 building Unit 103 needed replacement. (Sec. 5-204f.) (442) Bathroom ceiling of 2940 building Unit 203 needed repair. (Sec. 12-704.) (443) Floor covering in kitchen/dining area of 2940 building Unit 203 needed repair or replacement. (Sec. 12-704.) (444) Bathroom ceiling of 2940 building Unit 203 needed repair. (Sec. 12-704.) (445) Toilet of 2940 building Unit 203 needed to be properly secured. (Sea 12-403.) (446) Outlet cover plate in living room of 2940 building Unit 204 needed replacement. (Sec. 12-504.) (447) Cover plate of A/C outlet of 2940 building Unit 204 needed replacement. (Sec. 12- 504.) (448) Closet door(s) in bedrooms of 2940 building Unit 204 needed repair or replacement. (Sec. 12-703.) (449) Light globe in bedroom of 2940 building Unit 204 needed replacement. (Sec. 12- 504.) (450) Toilet of 2940 building Unit 204 needed repair or replacement. (Sec. 12-403.) (451) Bathroom ceiling of 2940 building Unit 204 needed repair. (Sec. 12-704.) (452) Hard wire smoke detector of 2940 building Unit 204 needed replacement. (Sec. 5- 204f.) (453) Base cabinet door in kitchen of 2940 building Unit 301 needed replacement. (Sea 12-402.) (454) Globe on hallway light of 2940 building Unit 301 needed installation. (Sec. 12-504.) (455) Battery operated smoke detectors in bedrooms of 2940 building Unit 302 needed replacing. (Sec. 5-204f.) (456) Toilet of 2940 building Unit 303 needed repair or replacement. (Sec. 12-403.) (457) GFCI outlet covers in bathroom of 2940 building Unit 303 needed installation. (Sea 12-504.) (458) Leak to ceiling/roof around light fi�rture in bedroom of 2940 building Unit 304 needed repair. (Sea 12-704.) C. As documented in a Compliance Order dated November 15, 2006 (Tab 2 of the City Staff's E�ibit), the following violations of City Code existed at Center Pointe. No contrary evidence was presented. (1) Throughout Center Pointe, windows off the decks needed to be scraped, primed, and painted. (Sec. 12-703.) (2) Throughout Center Pointe, fire extinguishers needed to be recertified. (Chapter 5) (3) Throughout Center Pointe, exterior and interior damage caused by leaking air conditioner units needed to be repaired, including the replacement of sheet rock and insulation where required to adequately repair the damage. (Sea 12-702.) RESOLUTION NO. (4) Exterior lighting of buildings 2802, 2806, 2810, 2814, 2818, 2822, 2830, 2834, 2908, 2912, 2931, and 2940 needed to be provided. (5) Structural damage to the garages in the 2800 bank needed to be repaired. (Sec. 12- 707.) (6) Missing downspout on the east end of the 2800 bank of garages needed to be replaced. (Sec. 12-707.) (7) Debris on the 2800 bank of garages needed to be removed. (Sec. 12-707.) (8) The fence on the north end of the 2800 bank of garages property needed to be repaired or replaced. (Sec. 12-706.) (9) Brush and debris located behind the 2900 bank of garages needed to be removed. (Sec. 12-707.) (10) The damaged overhead doors on the 2900 bank of garages needed to be replaced. (Sec. 12-707.) (11) Debris on the 29800 bank of garages needed to be removed. (Sec. 12-707.) (12) Structural damage to the garages in the 2900 bank needed to be repaired. (Sea 12- 707.) (13) Downed trees needed to be cleaned up and stumps needed to be removed. (Sec. 12- 317.) (14) Brush piles needed to be removed. (Sec. 12-317.) (15) Debris needed to be removed. (Sec. 12-702.) (16) Meta1 flashing along the roof perimeters needed to be prepped, caulked, primed, and painted or replaced. (Sec. 12-702.) (17) Roof jacks needed to be replaced as needed. (Sec. 12-702.) (18) Exterior of 2802 building needed to be caulked where needed. (Sec. 12-702.) D. As documented in an inspection report of the Minnesota Housing Finance Agency dated May 5, 2007 (Tab 3 of the City Staff's Exhibit), the following violations of City Code existed at Center Pointe. No contrary evidence was presented. (1) Patio railing was broken and tub had inoperable hot water facet in unit of 2802 building. (2) Appliances were missing, kitchen sink trap missing, vinyl flooring coming up at entry, and infestation of insects and cockroaches in unit of 2818 building. (3) Bathtub hot water facet did not shut off, bathroom fan was inoperable, nonworking oven and 21eft burners worked only periodically in unit of 2822 building. (4) Water damage to bathroom ceiling with saturation and bubbling existed in unit of 2826 building. (5) No electricity in unit of 2830 building. (6) Unit was not habitable for human occupancy in 2838 building. (7) Bathroom had mold around tub and facet leaks in unit of 2904 building. (8) Bathroom door knob was loose and had a broken mirror in unit of 2912 building. (9) Smoke detector had a low battery in unit of 2924 building. RESOLUTION NO. (10) GFI in kitchen did not test in one unit; unit was not habitable for human occupancy; entry door frame was cracked and missing refrigerator and tub stop in unit of 2928 building. (11) Windows and doors boarded up with DEA painted on boards in unit and electrical hazard in unit of 2932 building. (12) Water leaked into bathroom of unit from unit above with standing water on bathroom floor in 2936 building. (13) GFI outlet in bathroom did not test in Unit of 2940 building. (14) East side entry was inoperable; cut off valve on boiler was not shut off and was leaking to both boilers, latch missing on electrical box in electrical room, and door to electrical room was not secure in 2802 building. (15) North side entry was inoperable and lock was broken to 2810 building. (16) Entry security door to 2818 building was broken. (17) Dryer vents were improperly hooked up resulting in a fire hazard in 2822 building. (18) Dryer vents were improperly hooked up resulting in a fire hazard in 2826 building. 19 Torn and fra ed ca et in common areas was hazardous, d er vents were Y im roperly hooked u resultin in a fire hazard, and there was a loose hand rail in P P g basement stairwell of 2822 building. (20) Dryer vents were improperly hooked up resulting in a fire hazard in 2900 building. M (21) Hand rail was missing in center courtyard, dryer vents were improperly hooked up resulting in a fire hazard, and first floor emergency horn was hanging by wires in 2912 building. (22) North entrance security door lock was missing and inoperable and dryer vents were improperly hooked up resulting in a fire hazard in 2920 building. (23) Basement wall near laundry room had mold on it and water heater was rusting and corroded in 2924 building. (24) Exterior wall had large cracks and was separating from wall of 2934 building. (25) Entry security door to 2940 building was broken. E. As documented in a Compliance Order dated April 25, 2007 (Tab 4 of the City Staff's E�ibit), the following violations of City Code existed at Center Pointe. No contrary evidence was presented. (1) Security entrance door and south end in 2810 building needed to be repaired or replaced. (2) East entrance door in 2814 building needed to be repaired or replaced. (3) Laundry light globes were missing and/or broken and needed to be repaired or re laced. P re laced. (4) Basement laundry room fire door was missing and needed to be p (5) West side entrance to 2912 building was not secure and needed to be repaired or replaced. i RESOLUTION NO. (6) High voltage wiring at the second floor landing east the west entrance to 2912 building was exposed and needed to be repaired. (7) North side entrance to 2912 building was not secure and needed to be repaired or replaced. (8) Entry door to 2920 building was not secure and needed to be repaired or replaced. (9) South side entrance to 2924 building was not secure and needed to be repaired or replaced. (10) Equipment access panel door in basement laundry room was not secure and needed to be repaired or replaced. F. As documented in a Compliance Order dated April 17, 200'7 (Tab 4 of the City Staff's E�ibit), the following violations of City Code existed at Center Pointe. No contrary evidence was presented. (1) Wired glass in first floor north door to 2802 building had holes and needed to be repaired. (2) East side entrance to 2806 building was not secure; the closure tension needed to be adjusted. (3) North side entrance to 2806 building was not secure; the closure tension needed to be adjusted. (4) Security entrance door and sidelight on the south side of 2810 building needed to be repaired or replaced. (5) East side entrance to 2814 building was not secure and needed to be repaired or replaced. (6) Corridor light in 2814 building was broken and needed to be repaired or replaced. (7) Emergency light on north side of first floor of 2818 building was missing and needed to be replaced. (8) West side entrance to 2834 building was not secure and needed to be repaired or replaced. (9) Second floor landing had graffiti at the top of the knee wall in the 2834 building and needed to be removed. (10) Light globes in basement/laundry room were broken or missing and needed to be replaced or installed. (11) Walls in corridor had mold and mildew that needed to be removed. (12) Fire door in basement/laundry room was missing and needed to be installed. (13) West side entrance to 2912 building was not secure and needed to be repaired or replaced. (14) High voltage wiring at the second floor landing east the west entrance to 2912 building was exposed and needed to be repaired. (15) North side entrance to 2912 building was not secure and needed to be repaired or replaced. (16) Laundry room floor needed to be cleaned. RESOLUTION NO. (17) North side entrance to 2920 building was not secure and needed to be repaired or replaced. (18) South side entrance to 2924 building was not secure and the lock and latch needed to be repaired or replaced. (19) Equipment access panel door in basement laundry room was not secure and needed to be repaired or replaced. (20) Emergency light and stair landing light on north side of second floor of 2928 building had a low battery and needed to be replaced. G. As documented in a Com liance Order dated Febru 21, 2007 Tab 4 of the Ci Staff's P �'Y �3' E�ibit), the followin violations of Ci Code existed at Center Pointe. No contrary g �Y evidence was presented. (1) Fire door on first floor on north of 2802 building had holes in wired glass and needed repair. (2) Dryer tops missing in basement/laundry and needed replacement. (3) Fluorescent light globe broken in basement/laundry needed repair. (4) Fluorescent light globe missing in basemendlaundry and needed replacement. (5) Corridor equipment access panel was not secure in basement/laundry and needed repair or replacement. (6) Fire door in basemendlaundry had holes in wired glass needed repair. (7) East side entrance door was not secure of 2806 building. Needed repair. (8) Security entrance door and sidelight on south end of 2810 building needed repair or replacement. (9) Security entrance door moulding on south end of 2810 building needed repair or replacement. (10) Door moulding on west entrance door of 2810 building needed repair or replacement. (11) Basement/laundry room needed cleaning. (12) East entrance door of 2814 building was not secure and needed to be repaired or replaced. (13) North entrance door of 2814 building was not secure and needed to be repaired or replaced. (14) Corridor light broken of 2814 building and needed to be repaired or replaced. (15) First floor apartment window screen of 2814 building needed repair or replacement. (16) Entrance door on south side of 2818 building was not secured and needed to be repaired or replaced. (17) Emergency lighting on first floor of 2818 building was missing and needed to be repaired or replaced. (18) Light globe broken in basement/laundry and needed to be repaired or replaced. (19) Fire door on north side of building was not operating correctly and needed repair. RESOLUTION NO. (20) Entrance door on east side of 2822 building was not secure and needed to be repaired or replaced. (21) Entrance door on north side of 2822 building was not secure and needed to be repaired or replaced. (22) Fire door on first floor south end of 2826 building was not operating properly and needed to be repaired or replaced. (23) Heat sensor/smoke detector in laundry room may not have been functioning properly and needed to be checked. (24) Fire door on 3 floor of south end of 2826 building did not operate properly and needed to be repaired. (25) Equipment access panel in basement corridor was not secure and needed to be repaired or replaced. (26) Fire door on first floor on west side of 2834 building was not secure and needed to be repaired or replaced. (27) Second floor landing of 2834 building had graffiti that needed to be removed. (28) Laundry light globes were broken and/or missing and needed to be repaired or replaced. (29) Corridor walls of basement/laundry connecting two buildings had mold/mildew and needed to be repaired or replaced. (30) Entrance door on north side of 2838 building was not secure and needed to be repaired or replaced. (31) Second floor landing of 2838 building had graffiti and needed to be repaired or replaced. (32) Entrance door on east side of 2838 building had graffiti on glass that needed to be removed. (33) Electric meter room door of 2838 building was not secure and needed to be repaired or replaced. (34) Monitoring panel of 2838 building had low battery indicator and needed to be checked. (35) Entrance door on east side of 2838 building was not secure and needed to be repaired or replaced. (36) Entrance door on south side of 2900 building was not secure and needed to be repaired or replaced. (37) Security door/sidelight on south side of 2900 building glass was broken and needed to be repaired or replaced. (38) Entrance door on east side of 2900 building was not secure and needed to be repaired or replaced. (39) Entrance door on north side of 2904 building was not secure and needed to be repaired or replaced. (40) Fire door was missing in basemenblaundry room and needed to be replaced. (41) Entrance door on west side of 2912 building was not secure and needed to be repaired or replaced. RESOLUTION NO. (42) Second floor landing near west entrance of 2912 building had exposed high voltage wiring and needed to be repaired. (43) Entrance door on north side of 2912 building was not secure and needed to be repaired or replaced. (44) Entry door on east side of 2916 building was not secure and needed to be repaired or replaced. (45) Wall in basement/laundry room had hole in it and needed to be repaired. (46) Washing machine in basement/laundry room needed repair. (47) Laundry room floor needed cleaning. (48) Entry door on north side of 2920 building was not secure and needed to be repaired or replaced. (49) Entry door on west side of 2920 building was not secure and needed to be repaired or replaced. (50) Entrance door on south side of 2924 building was not secure (both lock and latch) and needed to be repaired or replaced. (51) Second floor landing wall on north side of 2924 building had a hole in it and needed to be repaired. (52) Equipment access panel door in basemendlaundry area was not secure and needed to be repaired or replaced. (53) Equipment access panel door in basement/laundry area was not secure and needed to be repaired or replaced. (54) Entry door on north side of 2936 building was not secure and needed to be repaired or replaced. (55) Window screen on ground at east side of 2936 building was damaged and needed to be repaired or replaced. H. As documented in a Compliance Order dated April 30, 2007 (Tab 6 of the City Staff's E�ibit), the following violations of City Code existed at Center Pointe. No contrary evidence was presented. (1) Security entrance door to south end of 2810 building needed to be repaired or replaced. (2) East side entrance to 2814 building was not secure and needed to be repaired or replaced. 3) Li t lobes in laun room were broken and missin and needed to be repaired g �Y g and replaced. (4) Fire door in basement/laundry room was missing and needed to be installed. (5) West side entrance to 2912 building was not secure and needed to be repaired or replaced. (6) High voltage wiring at the second floor landing east the west entrance to 2912 building was exposed and needed to be repaired. RESOLUTION NO. (7) North side entrance to 2912 building was not secure and needed to be repaired or replaced. (8) North side entrance to 2920 building was not secure and needed to be repaired or replaced. (9) South side entrance to 2924 building was not secure and the lock and latch needed to be repaired or replaced. (10) Equipment access panel door in basement laundry room was not secure and needed to be repaired or replaced. I. As documented in a letter from Police Lieutenant Kevin Benner dated August 27, 2007 (Tab 8 of the City Staff's Eachibit), the following violations of City Code existed at Center Pointe on August 9, 2007. No contrary evidence was presented. (1) South side entrance to 2802 building was not secure; lock and housing for lock on the door frame were missing. (2) Entrance to 2806 building was not secure; door didn't close and frame and door did not match. (3) North side entrance to 2814 building was not secure; lock was jammed open with a penny (4) South side entrance to 2818 building was not secure; frame and door did not match. (5) West side entrance to 2810 building was not secure; lock was broken. (6) West side entrance to 2826 building was not secure; lock was broken. (7) South side entrance to 2826 building was not secure; lock was broken. (8) West side entrance to 2834 building was not secure; lock was broken. J. As depicted on the compact disk found at Tab 2 of the City Staff's E�ibit, the following violations of City Code existed at Center Pointe on April 12, 2007. No contrary evidence was presented. (1) Building 2822 exterior door not functioning. (Sec. 12-408.) (2) Building 2822 exterior door not functioning. (Sec. 12-408.) (3) Building 2822 fresh urine on floor of hallway. (Sec. 12-302.) (4) Building 2822 railing not attached to wall. (Sea 12-406.) (5) Building 2818 exterior door not functioning. (Sec. 12-408.) (6) Building 2818 exterior door not functioning. (Sec. 12-408.) (7) Building 2806 laundry machine not functioning. (Sec. 12-709.) (8) Building 2814 exterior door not functioning. (Sec. 12-408.) (9) Building 2814 exterior doar not functioning. (Sec. 12-408.) (10) Building 2810 exterior door not functioning. (Sec. 12-40$.) (11) Building 2810 exterior door not functioning. (Sec. 12-408.) (12) Building 2830 trash outside of building. (Sec. 12-302.) (13) Building 2830 exterior door not functioning. (Sec. 12-408.) RESOLUTION NO. (14) Building 2826 exterior door not functioning. (Sea 12-408.) (15) Building 2908 exterior door not functioning. (Sec. 12-408.) (16) Building 2908 exterior door not functioning. (Sec. 12-408.) (17) Building 2912 eaterior door not functioning. (Sea 12-408.) (18) Building 2912 eaterior door not functioning. (Sec. 12-408.) (19) Building 2924 exterior door not functioning. (Sec. 12-408.) (20) Building 2924 broken laundry machine. (Sec. 12-408.) (21) Building 2928 exterior door not functioning. (Sec. 12-408.) (22) Building 2940 exterior door not functioning. (Sec. 12-408.) (23) Building 2940 trash outside of door. (Sec. 12-302.) (24) Building 2936 exterior door not functioning. (Sec. 12-408.) (25) Building 2932 exterior door not functioning. (Sec. 12-408.) (26) Building 2932 exterior door not functioning. (Sec. 12-408.) (27) Building 2920 human feces on floor. (Sec. 12-302.) K. As depicted on the compact disk found at Tab 2 of the City StafPs Exhibit, the following violations of City Code existed at Center Pointe on May 10, 2007. No contrary evidence was presented. (1) Building 2814 exterior door not functioning. (Sec. 12-408.) (2) Building 2810 exterior door not functioning. (Sec. 12-408.) (3) Building 2800 exterior door not functioning. (Sec. 12-408.) (4) Building 2826 exterior door not functioning. (Sec. 12-408.) (5) Building 2826 exterior door not functianing. (Sec. 12-408.) (6) Building 2834 exterior door not functioning. (Sec. 12-408.) (7) Building 2834 exterior door not functioning. (Sea 12-408.) (8) Building 2834 washing machine broken. (Sec. 12-709.) (9) Building 2838 trash outside of building. (Sec. 12-302.) (10) Building 2832 exterior door not functioning. (Sec. 12-408.) (11) Outside playground equipment broken. (Sec. 12-709.) (12) Building 2908 exterior door not functioning. (Sec. 12-408.) (13) Building 2912 exterior door not functioning. (Sec. 12-408.) (14) Building 2924 exterior door not functioning. (Sea 12-408.) (15) Building 2924 exterior door not functioning. (Sec. 12-408.) (16) Building 2924 trash outside building in common area. (Sec. 12-302.) (17) Building 2924 standing water in basement. (Sea 12-302.) (18) Building 2928 exterior door not functioning. (Sec. 12-408.) (19) Building 2940 e�erior door not functioning. (Sea 12-408.) (20) Potholes in parking lot. (Sea 12-316.) (21) Building 2940 exterior door not functioning. (Sec. 12-408.) (22) Building 2940 garbage outside of door. (Sec. 12-302.) (23) Building 2936 exterior door not functioning. (Sec. 12-408.) RESOLUTION NO. (24) Building 2932 trash outside door. (Sec. 12-302.) (25) Building 2932 exterior door not functioning. (Sec. 12-408.) (26) Building 2932 exterior door not functioning. (Sec. 12-408.) (27) Building 2920 dog feces in bag outside of door. (Sec. 12-302.) (28) Building 2920 exterior door not functioning. (Sec. 12-408.) (29) Building 2920 feces in hallway. (Sec. 12-302.) (30) Broken garage doors. (Sec. 12-408.) L. As depicted in the compact disk found at Tab 2 of the City Staff's Exhibit, the following violations of City Code existed at Center Pointe on June 22, 2007. No contrary evidence was presented. (1) Building 2820 exterior door not functioning. (Sec. 12-408.) (2) Building 2822 exterior door not functioning. (Sec. 12-408.) (3) Building 2818 exterior door not functioning. (Sea 12-408.) (4) Building 2818 railing not attached to wall. (Sea 12-406.) (5) Building 2806 exterior door not functioning. (Sec. 12-408.) (6) Building 2802 exterior door not functioning. (Sec. 12-408.) (7) Building 2802 exterior door not functioning. (Sec. 12-408.) (8) Building 2814 trash outside building. (Sec. 12-302.) (9) Building 2814 exterior door not functioning. (Sec. 12-408.) (10) Building 2814 exterior doar not functioning. (Sec. 12-408.) (11) Building 2814 broken window. (Sec. 12-703.) (12) Building 2814 used diaper outside of door. (Sec. 12-302.) (13) Building 2810 exterior door not functioning. (Sec. 12-408.) (14) Building 2810 trash outside door. (Sec. 12-302.) (15) Building 2810 exterior door not functioning. (Sec. 12-408.) (16) Building 2812 exterior door not functioning. (Sea 12-408.) (17) Building 2826 exterior door not functioning. (Sea 12-408.) (18) Building 2816 exterior door not functioning. (Sec. 12-408.) (19) Building 2900 exterior door not functioning. (Sea 12-408.) (20) Building 2916 e�erior door not functioning. (Sec. 12-408.) (21) Building 2916 feces in basement hallway. (Sec. 12-302.) (22) Building 2916 exterior door not functioning. (Sec. 12-408.) (23) Building 2932 exterior door not functioning. (Sec. 12-408.) 24 Buildin 2932 exterior door not functionin Sea 12-408. g g (25) Building 2932 human feces in hallway. (Sec. 12-302.) (26) Building 2940 exterior door not functioning. (Sea 12-408.) (27) Building 2940 trash outside door. (Sec. 12-302.) (28) Potholes in driveway. (Sec. 12-316.) (29) Building 2928 exterior door not functioning. (Sea 12-408.) (30) Building 2928 exterior door not functioning. (Sec. 12-408.) RESOLUTION NO. (31) Building 2928 basement flooded. (Sec. 12-302.) M. Licensee has failed to maintain and provide occupancy registers in accordance with Code Section 12-909. N. Licensee failed to be current on payment of all utility bills as required by Code Section 12- 901, paragraph 4. Default on a loan is not a violation of City Code. O. Not all relevant sections of the Brooklyn Center Code of Ordinances were presented at the hearing. However, the City Council takes judicial notice of the Code. RESOLUTION NO. ORDER 1. The rental housing license for Center Pointe Apartments is revoked for a period of one year from the effective date of revocation. 2. This revocation applies to all parts of the Center Pointe rental apartment complex. 3. Revocation shall be effective commencing on 4. The City Clerk is directed to mail a copy of this Resolution to the licensee. 5. The licensee is advised that Brooklyn Center City Code, Section 12-910, paragraph 9 prohibits the reletting or occupancy of rental units that become vacant from the effective date of revocation until a new license is issued. 6. The licensee is further advised that Brooklyn Center City Code, Section 12-910, paragraph 10 also provides that revocation shall not excuse the owner from compliance with all terms of state law and codes and the City Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all terms of City Code Chapter 12 during the term of the revocation is a misdemeanor and grounds for extension of the term of revocation or for a decision not to reinstate the license. The following MEMORANDUM is made a part of these Findings of Fact and Order. i RESOLUTION NO. MEMORANDUM Introduction Chapter 12 of the Brooklyn Center City Code is intended to require that rental housing in the City is decent, safe and sanitary for the residents of the dwelling units and that the presence of the rental dwelling business does not become a nuisance or a blight on the community. The evidence presented at the hearing demonstrated a year-long pattern of neglect of the licensee's duties and responsibilities under the law and of disregard for the health and safety of residents of Center Pointe. The result of this neglect is that the residents of the 252 units of Center Pointe have lived in squalid, unsanitary, and unsafe housing. The evidence showed overwhelmingly that the Center Pointe Apartments have been in a deplorable state of neglect and disrepair. Although the licensee objected on various grounds to the introduction of evidence of its violations and evidence of the state of the apartment complex, no evidence was presented to demonstrate that any of the evidence of violations was inaccurate. Sufficiencv of Notice Respondent complamed that it had not had adequate notice of the grounds for proposed license revocation or suspension as required by Code Section 12-910, p. 7. Section 12-914, paragraph 4 provides that licenses may be revoked or suspended for any one of a number of grounds, which are generally comprised of failure to comply with the requirements of the City Code and other applicable codes and laws. To assure that a licensee is afforded a fair hearing, the licensee must be provided with a sufficient statement or description of the alleged failures to comply with legal requirements so the licensee can prepare a defense. In this case, the evidence specifying violations was voluminous, being comprised of compliance orders, reports and video CDs. All relevant evidence of these alleged violations was provided to counsel for the licensee before the hearing. Evidence that was not provided to counsel before the hearing (e.g. Tabs 11, 12 and 13) is not evidence of grounds for revocation and has not formed the basis for the attached Order. The attached Order lists nearly 700 violations, all of which were specified, listed or shown in the evidence provided to the licensee before the hearing. As to these violations, counsel for the licensee objected to introduction some of the evidence of the violations on the grounds that it was untimely, irrelevant, hearsay or improperly obtained, among others. However, no assertion was made that the evidence of these violations was not received before the hearing. i RESOLUTION NO. Moreover, although the evidence of these violations was received before the hearing, no assertion was made and no evidence was produced by the licensee that a single one of these violations did not occur. Time of Violations Counsel to licensee objected to consideration of much of the evidence on violations because the violations were not suff'iciently recent. Specifically some of the violations occurred in late 2006, which was during the license period of the prior licensee, and most of the violations were identified without proof that they continued to be in existence as of the date of the hearing. The dates of two of the earlier compliance orders showing code violations were October 5 and November 15, 2006, which was during the licensee's prior two-year license term. City Code Section 12-901, paragraph 3 provides that no application for a license renewal shall be submitted to the City Council until the Compliance Official has determined that all life, health safety violations or discrepancies have been corrected. Testimony suggested that most of these violations had been corrected by the time the licensee's current license was issued in January of 2007. Likewise, the City staff did not prove that the other violations listed or depicted in the evidence continued up to and including the date of the hearing. However, the City is not limited to imposing license sanctions on the basis only of violations that continue as of the date of the hearing. The rationale urged by licensee would allow any licensee to avoid any sanctions for violations, no matter how egregious or how numerous, by the simple expedient of correcting the violations by the date of the hearing. This is much like suggesting that a liquor license can never be revoked for illegal sales of alcohol to minors unless the licensee is selling alcohol to a minor at the time of the hearing. There is nothing in City Code Section 12-901 that suggests that the only grounds for license revocation or suspension are violations that continue at the time of the hearing. Although some violations were more recent than others, taken collectively, they form a picture of the extent of licensee's violations during the twelve-month period before the hearing. Evidence of Criminal Activities Ci staff introduced evidence of eneral and s cific criminal activi at or associated with Center tY g l�e tY Pointe Apartments. The lack of effort to take steps to curb criminal activity and to reduce the number of police calls to Center Pointe may reflect poor management and even poor citizenship. However, the occurrence of criminal activities described in the hearing and the high, and increasing level of police calls are not violations of City Code and not a ground for suspension or revocation. However, the evidence demonstrated that some of the violations (specifically the failure to maintain operating door locks on e�erior doors) are a factor in criminal activity. The failure to maintain RESOLUTION NO. locks not only impedes successful law enforcement activity, but significantly diminishes the security and safety of residents of the facility. Likewise, the statistics on the increasing number of police-related calls is not grounds for suspension or revocation, but it is an indication of the need to maintain security measures like exterior door locks. Therefore, the continuing neglect of the licensee's obligation to maintain operating exterior door locks is a matter of serious concern. Videotane Evidence Respondent objected to the introduction of the videotape evidence found at Tab 1 of the City staff's e�ibit. That videotape depicts a number of violations. To the e�ent violations depicted are found significant and sufficiently reliable, they are listed in findings J, K, and L. The videotape was provided to counsel for the licensee before the hearing. The licensee presented no evidence challenging the evidence of the videotape or suggesting in any way that it was false or inaccurate. However, the licensee did object to the introduction of the evidence on the grounds that it was hearsay and that licensee's counsel did not have the opportunity to cross-examine the witnesses who spoke during the taping or the person who took the videotape. The Council is not bound by strict rules of evidence and finds the evidence of sufficient probative value and reliability to consider it for the limited purposes for which it is used here, for several reasons. First, the evidence is not contradicted by licensee. Second, it is cumulative of substantial, uncontested evidence of the same kinds of violations on many other occasions. Third, the evidence is pictorial evidence of very simple facts, which need little or no interpretation. Licensee also objected to the introduction of the videotape evidence because it was obtained by a search that was alleged by licensee to be unlawful as violative of constitutional protections against unreasonable search and seizure. The Fourth Amendment to the US Constitution protects one from unreasonable searches and seizures. By way of the Fourteenth Amendment, the Fourth applies to the States. In general, these Amendments require the government to obtain a warrant prior to executing a search. If a warrant is not obtained or the warrant is defective, the items seized during the search may be excluded from evidence depending on the type of proceeding. However, there are exceptions to the warrant requirement. For example, city inspectors do not have to obtain a warrant prior to conducting an administrative search when acting within their rights as described in a municipal ordinance. State v. Wvbierala. 305 Minn. 455, 235 N.W.2d 197 (1975) stating "inspection of a place of business during business hours, in the enforcement of reasonable regulations in the exercise of police power, is not a violation of the guaranty against searches and seizures." RESOLUTION NO. Consent is also an exception to the warrant requirement. For example, landlords can consent to the search of public areas in an apartment complex. State v. Mallev, 2003 WL 1215532, *3 (Minn. App. 2003). However, an element of an unreasonable search is a reasonable expectation of privacy. A search is not unreasonable, and therefore does not violate the constitution, if it does not violate a reasonable expecta.tion of privacy. With regard to apartment buildings, our Federal Circuit has taken the osition that there is no le itimate ex ectation of rivac within the common areas of P g P P Y apartment buildings. US v. Eisler. 567 F.2d 814 (8th Cir. 1977) reh g denied Jan. 9, 1978. The Court has examined specific apartment related challenges; i.e., garage banks, locked entries, basement laundry rooms, and hallways. For example, in concluding that there was no reasonable expectation of privacy in an apartment parking garage, the Court reasoned that it was used in common with other tenants of the complex along with their guests, landlords, and agents, and it has a similar nature with a common hallway. With regard to the locked entrances of apartment buildings, the Court held that these are meant to provide security to tenants and not provide privacy to common areas. Cornelius v. State. 2004 WL 237768, *2; see also Eisler, 567 F.2d at 816. Even where the government officer is technically a trespasser on the property, it is "of no consequence" where one has no reasonable expectation of privacy. Id.; US v. McGrane, 746 F.2d 632, 634 (8th Cir. 1984). In the case of the videotape evidence in this case, all violations cited were within the common areas of the apartment complex. MHFA Violations Failure to comply with MHFA rules is not necessarily a violation of City Code. However, some of the violations of MHFA rules are also violations of City Code. No evidence was presented to contradict the report of MHFA violations. Standard of Review Counsel for licensee objected to the proceedings because no standard of review had been established. However, this was not a review of decisions by another body. Rather the hearing was conducted de novo. The City staff inet its burden of proof, establishing the occurrence of the violations, essentially without any contradictory evidence. Evidence of Licensee's Business Activities in Other Cities. Licensee's business activities in other cities are not grounds for license revocation or suspension in this case and is not otherwise relevant in this case. RESOLUTION NO. Criminal Comnlaints and Nuisance Abatement Licensee objected to consideration of criminal complaints against Asgher Raza Ali and Hyder Raza Jaweed on the ground that these were only complaints and not convictions and that a person is innocent of a crime until proven guilty. While these observations may be true as they describe the criminal law, this is not a criminal case. The defendants may not be guilty of crimes as individuals, but that does not mean that the violations of City Code described in the complaints did not occur. The complaints were signed by Lt. Benner of the Police Department and contain descriptions of violations that occurred at Center Pointe. The fact that those violations were included in a complaint does not mean that the Council may not consider them. It is not necessary that violations be successfully prosecuted as crimes to be used as a basis for suspension or revocation of a license. In fact, there was no evidence that any of the hundreds of violations described in the attached order resulted in criminal convictions. However, if those violations had been included in a criminal complaint that would not mean that they could no longer be considered by the Council in this proceeding. Nevertheless, the Council finds that the violations described in the criminal complaint are largely included in other evidence, are duplicative or repetitive and have been given no additional weight because they were included in a criminal complaint. Likewise, no consideration has been given to the nuisance abatement action. Revocation When deciding whether to revoke or suspend a license, the Council is required by City Code, Section 12-910, paragraph 7, to "give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply." Licensee was certainly made aware that City staff regarded the violations of Center Pointe to be serious and important by the staff's ongoing efforts to encourage licensee to operate Center Pointe in accordance with the requirements of law. The attached findings list hundreds of violations so there can be little question of their frequency. Some violations are minor but many are serious, affecting the health, safety and quality of life of the residents of Center Pointe. People should not be required to live and raise their families in housing with inoperative smoke alarms, exposed wiring, cockroach infestation, feces and trash in hallways and common areas, and handrails falling from the walls. Failure to maintain adequate caulking and keep plumbing in repair can lead to mold and other unhealthy, unsafe and unsanitary conditions. Non-functioning exterior door locks robs tenants of basic security and frustrates law enforcement activities. RESOLUTION NO. Yet as serious as these violations are, they almost all seem to be matters that could be resolved without serious cost or inconvenience. Virtually no evidence was presented to suggest that these violations could not have been avoided by routine maintenance, could not have been discovered by ordinary inspections, or could not have been repaired or remedied promptly and at reasonable expense. In fact, the testimony of representations of licensee's new management company suggests that good management can remedy the outstanding violations and prevent their recurrence. The history of licensee's management over the year prior to the hearing seems to have been to ignore violations until forced by the City or the Minnesota Housing Finance Agency to remedy them. Under these circumstances, the Council finds that a revocation for one year is reasonable and necessary. Licensee has retained the services of Paramark to manage Center Pointe. The record is not clear exactly when this occurred. The City contacts with Paramark occurred in the week before the hearing. The testimony of Mr. Busch of Paramark was that Paramark began its managed duties in September 2007. This would have been several weeks after the licensee was given notice of the hearing to consider suspension or revocation of the license. While it is encouraging that licensee has retained a professional management company, it is regrettable that licensee took this step only under threat of revocation. It is hoped that the recent efforts of the licensee to act responsibly in the management of Center Pointe will continue over the next year so that the facility will qualify for a license at the end of the revocation period. December 10. 2007 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. .+r COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Todd Blomstrom, Director of Public Works �j DATE: December 4, 2007 SUBJECT: Resolution Authorizing Release of Financial Guarantee for Eastbrook Estates Recommendation: Public Works staff r�ommends that the Brooklyn Center City Council consider the attached resolution authorizing the release of financial guarantee for Eastbrook Estates. Background: In April 2004 the City of Brooklyn Center entered into a subdivision agreement with Eastbrook Properties, LLC (the "Developer") for a six lot residential development created with the final plat for Eastbrook Estates. The subdivision agreement established the terms and conditions for construction of street and utility improvements for the subdivision and provided for the method of payment for such improvements. As a condition of the subdivision agreement, the Developer provided the City with two deposits in the amount of $73,005.00 each for performance and payment security. These securities provided a financial guarantee that the developer would complete the necessary street and utility improvements and pay all contractors involved in construction of the subdivision. The Developer and property owners have subsequently petitioned for a tax combination of Lots 1, 2, and 3, Block 1 of Eastbrook Estates for the purpose of eliminating the need to construct a portion of 68`�' Lane as part of the development project. A copy of the tax combination document is attached to this memorandum. Staff has also concluded that a minor extension of 68' Avenue that was originally included in the subdivision agreement should be postponed until future development of vacant property located to the east of Eastbrook Estates. The Developer has completed the remaining street and urility improvements and has requested that the City expedite the release af the security deposits associated with the subdivision agreement. T'he attached resolution provides for the conditional release of the deposits. Budget Issues: The performance and payment security was posted in the form of a cash deposit. The subdivision agreement stipulated that these deposits do not accumulate interest. The total re3ease of security would be $146,010.04. Eastbrook Estates M�_ yS�J6__;._�,.:. J� j a 3 t i s tl i t 3 i �1 .aL o ,o I i �c�.i ���f i i 1 6j t� j e��t 1 �i� i� i p �f �ji. .i j �i 8 �I� i f �;1 ��j �I fi ��i a �N j��� j �y i �3�� !i m� ��3� ��Yt��€ a '�3�� i�� 1' e N W a, W=_,r ,N fi �'�r �'=is i: I I I K iL: tiUl� 1 f.. ��I N� I I F.. ca� i 1 T I C,•� q� ::I I Q i I �i� r O I I r �""�:i--F 1 =.3:I O I ::::ill:i 1 I I 1� 1 I i: V 1 t 1 1 y i :C.. �i _1-- 'F 1 Z� 1 •W..�..p�� 1 f�""�'�""M�_'__ �O I�I L9 aJ +1 'R•i I�Mw�n _y. .I `j i:l ,Ww�Mi�1ra, ws.M 1 'f TI V 1 I 1 i j �q i n I �c i i �i, y ,u i:iti;? i �y�'q�t �ra,.rw�.+, t .Qi.f.�, .::'r' si%: i� I r—_"F= T I I I�� I I I i I l —t n i i i� cl f- I i i I _L I L I r _L a .b p 3 lea ��t 1 t� r s� M t DATE: OG l(''��c� 1cS ZDD J Property ID Supervisor Hennepin County Taxpayer Services Department A-600 Government Center Minneapolis, MN 55487-0060 Dear Sir: I hereby make a request for a(separate, combined) assessment on the following described land: A.O,D�t�SSQS t I.D. No. S �o �l —Z 1 O //9 �:�H-�+ie- 711 �'v 4 �4 �/r/" �/�o�c yn/ G.Nt I.D.No. 3�r 11�1 ZI—ZJ—O�La -H��e. ��0�� AS.f/d�E� 1 .3 I.D. No. 3(� ��j .2 Z I- 2� �-�B�1a-- N 07' s4 5 S/ 6�G4 L�6�L L D T/ D�LD�,� l �d�ST`/3/lOOK CS�^,p a,. L-�01 Z 0 4� i� 3. [.�T 3, /��ocx J Remarks: �h� QL r/�o�O,Q ��1� �7f/S 5 �'t !.S �A ST/S200x �i�D�l�� J �L L J 7 ZO �4 U N. 03/1qD�L GY�✓ GT/Z.. MN. sJ'��'c� D,�v/!� E�/j�/�Sor� cityof �2o0�-Y�/ C-�i+JT�11 CP/�-'�Z.!'- 2�3�?' For 2 O�� Tax Year Signature of fee owner �p /�I U► N� A��ODI�� yrv C T/l� Address /'4 N, �S'.1�,1�.T 0 7�.?-S`Gl Telephone Mail tax statement to: ,Q/LL 9�,OI,o��v 4 �coNwm/� '7 I l 9'� v. N, l�/LOD ��lY/�/ GT/1,� r� s �'f��U Form.2U2 CZTY OF BROOKLYN CENTER Cash Receipt Receipt Date 7/5/2006 Receipt Number 31170 payment deposit EASTBROOK PROPERTIES 90300-2320 73,005.00 payment deposit Total Receipt Amount 73,OD5.00 120471 8:07:03 1 CITY OF BROOKLYN CENTER Cash Receipt Receipt Date 7/5/2006 Receipt Number 31171 PERFORMANCE DEPOSIT EASTBROOK PROPERTIES 90300 73,005.00 PERFORMANCE DEPOSIT Total Receipt Amount 73,005.00 120471 8:07:10 1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING RELEASE OF FINANCIAL GUARANTEE FOR EASTBROOK ESTATES WHEREAS, the City of Brooklyn Center entered into a Subdivision Agreement dated Apri114, 2004 with Eastbrook Properties, L.L.0 for the development of land located within the plat of Eastbrook Estates, Hennepin County, Minnesota; and WHEREAS, Eastbrook Properties, L.L.0 provide two (2) deposits to the City of Brooklyn Center in the amount of $73,005.00 each for performance and payment security in accordance with Section 1.2 of said subdivision agreement to assure proper completion of associated street and utility improvements for Eastbrook Estates; and EREAS the sco e of street and utili im rovements was modified to exclude the P tY P construction of 68�` Lane upon petitioning for a ta�c combination of Lots 1, 2, and 3, Block 1, Eastbrook Estates, Hennepin County, Minnesota; and REAS Eastbrook Pro erties L.L.0 has com leted constxuction of the remaining WHE p P street and utility improvements associated with the subdivision agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Release of the performance security for the Eastbraok Esta.tes Subdivision Agreement in the amount of $73,Q05.00 is hereby authorized upon receipt of a 1-year warranty bond for the infrastructure improvements. 2. Release of the payment security for the Eastbrook Estates Subdivision Agreement in the amount of $73,005.00 is hereby authorized upon receipt of lien waivers from contractors and subcontractors involved in construction of street, grading and utility improvements associated with the Eastbrook Estates Subdivision Agreement. RESOLUTION NO. December 10. 2007 Date Mayr�r 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. AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION December 10, 2007 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 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. ACTIVE DISCUSSION ITEMS 1. Brooklyn Park Rental Fines Ordinance Councilmember Lasman 2. City Manager Performance Review Process City Manager 3. 2008 Council Retreat Date and Agenda Pending List for Future Work Sessions Date Undetermined 1. Farmers Market City Council November 2. Sign Ordinance Flashing Lights Councilmember Lasman 3. 2011 Brooklyn Center Celebration City Council 4. General Building Maintenance Plan 5. Automated Meter Reading Recommendation 6. Results of PERF Violent Crime Study and Report Regarding Crime Reduction Strategy City Manager 7. Ordinance Changes Related to Off Street Parking City Manager 8. Bass Lake Road Streetscape Plan City Manager 9. TIF Districts Update City Manager 10. 2009 Budget Planning Process �ri; t 3 >R t E A 4 c +�M n���� ����1�����+��� +Y� u�l4���F�e�4 4�...M. #F ..I 'i�i r t .4 h r ,k y 4. i:: ::v r i .:r.. ::v?. �r .,v r .v a :i j :i 'n f 'j a i r i s� i :i ..i q.: i: n. Y r 'i: :i z r r..:; e: r t .v �;f': u. f s 5 Curt Bo�ane� From: Kay Lasman Sent: Wednesday, December 05, 2007 9:06 AM To: Curt Boganey SubJect: newspaper article Hi Curt, I am sure you read the article in the paper this morning about Brooklyn Park's action on single family rentals-fines for not renewals and/or not having a lic�ence at all. I have mentioned this type of action in the past and was toid that it wasn't something that should be considered at the time. I am wondering i� the t+me has �me that we should consider it. Would you place it on a future work session for Council consideration? Thanks! Kay �r► CitJr nt' �l OO�u�� y4���` www.cit��oJbrookly�rcenler.ag 6301 Shinglc Crcck Parkway, Brooklyn Centcr, Minncsuta 55430-2199 Phonc 763.569.3300 TTY/Voicc 711 Fax 763.569.3494 Date: December 6, 2007 To: Curt Boganey, City Manager VSj From: Vickie Schleuning, Assistant to the City Manager Re: Fine Inc�eases for Unlicensed Rental Properties in Brooklyn Park On December 3, 2007, the Brooklyn Park City Council approved an increase in their I administrative fine schedule. As part of this process, they also approved increases in administrative fines specificall for unlicensed rental ro erties. Althou h the Cit Council Y P P 9 Y minutes are not yet available, city staff stated items were approved as brought forward in the Council report. A copy of the report is attached. In addition, the Star Tribune published an article December 4, 2007, summarizing the issues relating to the fine schedule changes pertaining to unlicensed rental properties in Brooklyn Park. A copy of the Star Tribune article is attached. In Brooklyn Center, establishing an administrative enforcement system is moving forward. The Charter Commission held a special meeting on November 28, 2007 to review draft language to the City Charter, which would allow specific authority for a city administrative enforcement system. Information should be avai(able shortly. Although administrative enforcement systems are important enforcement tools, city staff has also been investigating other methods to effectively address issues related to rental properties. Some issues to consider regarding the licensing aspect for rental properties include: Implementing appropriatelsevere consequences for violators who rent without a license, without creating disincentives for owners to obtain a license. Ttiis especially applies to uninformed persons who are not familiar with licensing requirements or circumstances of unintentional error. The burden of proof and consistency in process required to determine if a property is being licensed without a rental license. The costs associated with prosecuting or collecting fees that may not be considered reasonable by the court systems. The use of alternative or additional tools to obtain quicker compliance. Monday, December 3, 2007 Brooklyn Park Council Cha.mbers 7:00 p.m. 5200 85'" Ave North REGULAR COUNCIL MEETING AGENDA #36 If due to a disability, you neecl auxiliary aids or services during a City Council Meeting, please provide the City with 72 h�urs notice by cxlling 493-8012 or TDD 493-8392 or FAX 493-8391. Our Mission: An Attractive� Diverse, Heal!ley, Safe and Prosperous Comx,unity at a reasoiiable tax burde,r. INVOCATIOV 6:SS p.m. L ORCANIZATiOVAL BUSINESS 1. CALL TO ORDERlROLL CALL/PLEDCE OF ALLEGIAVCE 2. OPEV FORUM 7:00 7:15 p.m. Providcs an upFwrttmily for thc public to address thc Council un itcros, w�hich arc not on thc agcnda. Opcn Forum will bc limitcd to I S I1110U1CS �1r110 OflC LC 1/1 G11C'p[IGpCC'_r0!' /I7[ Q�)P71 FOl'llqh IIfC' ke;��te/ur Meering nu��� hegin), and it may not be used to make penonal attacks, to �ir personulity grievanees, tu make political cndorscmcnts, or for political campaign pumoscs. Council Mcmbcrs will not cntcr into a Jialoguc with citiicns. Qucstions i from thc Council wili bc for clarification onl U cn Fonim will not bc uscd as a timc for roblcro solvin or rcactin to thc Y p P b b commcnts maJc but, rathcr, fon c�aring Ihc citizcn for infornialional purposcs only. 3A. APPROVAL OF ACENDA (Itemti spccifically idcnlified may bc removcd from Consent or adJal clsewhcrc on 1hc agcnJa by rcyucst of any Council mcmbcr.) 3B. PUBLIC PRESENTATlONS/PROCLAMATIOVS/RECEIPT OF GENERAL COMNiUYlCAT10vS tntroduetion of ncw cmployces IL STATUTORY BUSINESS AND/OR POLICY IMPLEMENTATION 4. CO�ISENT (All items listed under Consent, unless removed from Consent in Agenda Item 3A shall be approved by one Council motion.) Consent Agenda coasists of items delegated to city management or a commission but requires Council action by State, law, Clty Charter or Cit,y Code. These items must conform to a Council approved policy, plan, capital improvement project, ordinanee. or contract. In addition, meeting minutes shall be included. Approval of Minutcs CITY COUNCIL MEETING MINUTES, tdOVEMBER 19, 2007 SECOND READING Ordinancc approving Franchisc Agrcemcnt with Xccl Energy EXIST[NG ORDINANCE ORDINANCE The foliowing items relate to the City Council's long-range policy-making responsibilities and are handled individually for appropriate debate and dellberation. (Those persons wishing to speak to any oT the items listed in this section should fill out a speaker's form and give it to the City Clerk. Staff will present each item, following in which audience lnput is invited. Discussion will then be closed to the public and directed to the Council table for action.) 5. Public Hearin *�s Truth in Taxation Public Hcaring 2W8 PRO!'OSED SUMMARY UF BUDGET ADJUSTMENTS 2008 TNT PUBLIC NUTICE 20U8 TNT PACKET 6. Land Use Actions Nonc 7. General Action Items s Administrative Penalty Schcdule Increase ADMINISTRATIVE ENFORCEMENT PROGRAM BOOKLET MEMU REGARDING FINE POLICY FOR FAILURE TO OBTAIN A RENTAL LICENSE PENALTY SCHEDULE COMPARFSON WITH CITY OF BLOOMINGTON AND PROPOSE,D INCREASE OPTIONS RESOWTION Ill. REPORTS AND ANNOUNCEMENTS FRONi COUNCIL MEMBERS IV. DISCUSSION ITEMS-These items will be discussion items but the City Council may act upon them during the course of the meeting. Nonc V. ADJOURNNiEVT Since �ve do not have time to dlscuss every point presented. it ma�• seem that decisions are preconcei�•ed. Ilo�►•e�•er. background information is provided for the Ciry Council on each agenda item in advance from Cit�� staff' and appuinted commissions; and decisions are based on this information and past experfences. It you are aware of information that has nut been discussed, please raise your hand to be recognized. Please speak from the podium. Comments that are pertinent are appre�iated. Items reyuiring excessive time may be continued to another meeting. City of Brooklyn Park Rec�uest for Council Action A�enda [tem No: 7.1 Meetin� Date: December 3, 2007 Originating A�enda Section: General Action Items Department: Administration Resolution: X Keith Jullie, Code Enforcement Ordinance: N/A Prepared B,y: Public Health lt+lanager Keith Jullie, CEPH Mgr. and Gary Brown, Director of No. of Attachments: 4 Presented �y: En�ineerin� Inspections Item: Administrative Penalty Schedule lncrease City Manager's Proposed Action: MOTION SECOND TO WA[VE THE READING AND ADOPT.RESOLUTION #2007- APPROVING AN INCREASE IN THE ADMINISTRATIVE PENALTY SCHEDULE. Overview: This item is a follow-up to previous council discussions on September 17, October 15, and November 19, 2007, regarding an increase to the Administrative Penalty Schedule. Staff was directed to bring back additional infornlation for a follow-up discussion. The attached fine con�parison table (p.13) lists each of Brooklyn Park's violations and proposed fine amounts along with the fine amounts for the Gity of Bloom.ington. Since the last discussion on November 19, staff learned ihat Bloomington very recently i��creased their fine amounts far 2008 and this increase is shown in the table. Staff recommends the fee amounts in Proposal B on pages 13 and 14. Process for Enforcement: The main goal with regard to code violation enforcement is compliance. Complaints are taken in a variety of ways including phone calls, e-mail, written letters, and in-person at city hall or in the fieid. We ask tl�at complainants give their name, address, and phone number in case staff needs clarification or wants to provide an update. Every effort is made to contact the complainant to confirm receipt of their concerns. An inspeclion is ntade as soon as possible and critical safety or health issues are inspected immediatel�. During the initial inspection staff makes an effort to speak to the property owner and/or tenant on-site. Alt violations are noted and pictures taken as needed. A compliance notice is typically issued to the property owner and tenants. T'sme extensions are considered on a case by case basis and usually are granted if a good faith effort is 6eing made to correct the violation and if the request is reasonable and acceptable. If the violations are not c�rrected within the given time frame a citation will be issued. In some instances an immediate fine is issued (i.e. repeat offenders, long grass violations). Repeat violators within 24 months are assessed a fine which is double the amount of the previous fine, up to a maximum of $2,000. Chronic violators and problem properties are frequently issued doubled fines, which helps recover costs associated with on-going enforcement actions by staff. An increase in the maximum fine of $2,U00 has been researched by the City Attorney. Although there is no per se statutory ca� maximum amount for an administrative penalty further research indicates that this amount was based on the authority that cities have to impose up to $2,000 in civil penalties on liquor licensees who violate city or state regulations relating to the sale of alcohol. Because the legislature has given cities that amount of authority in that context, it is logical to conclude that cities should have the same ty}�e of authority for other code violations that are handled through an administrative, rather than a criminal, process. Therefore, an increase for to the maximum penalty is not recommended at this time. Administrative Hearin� process: Property owners and/or tenants who receive an administrative fine may appeal and request a hearing. The appeal hearing is held before a neutral hearing officer who examines the facts of the case and may decide i f the fine should be fully imposed, partially imposed, stayed unti! a further date pending no further violations, or dismissed. [n 2007 a}�proximately 7% of all fines have been appealed. In most cases, the violation is confirmed and the fine is either partially or fully imposed. In certain circumstances the fine may be stayed for a s}�ecified period of time pending no further violations occur. Stayed fines are generally a result of a property being in fiill compliance prior to the hearing and a prornise by the property owner to maintain the property in good condition. One beneft of the hearing is that staff can discuss the issues with the property owner and arrangements can be made for long-term improvements to the property. As previously stated, the main goal is compliance and the hearing is an opportunity for the city to reiterate community standards and expectations from property owners. Currc�,�t fine schedule Table taken from City code: Appendix: Fee Resolution, Administrative Penalty Schedule: Violation Level Fine Amount Level one violations $50.00 Level two violations �$75.00 Level three violations $150.00 Level four violations $300.00 Repeat violations within Double the amount of the scheduled fine for the previous violation, up to a 24 months maximum of $2,000 Continuing violations A fine for that can be imposed by the hearing officer for each day the violation continues. Primary Issues/Alternatives to Consider: 1. Approve the proposed increase to the penalty schedule 2. Modify and approve an increase to the penalty schedule Budgetary/Fiscal lssues: An increase in the Administrative Penalty Schedule will result in an increase in fine revenue. Attachments: 7.l ADMIN[STRATIVE ENFORCEMENT PR�GRAM BOOKLET 7.1 MEMU REGARDING F1NE POLfCY FOR FAILURE TO OBTAIN A RENTAL LICENSE 7.1 PENALTY SCHEDULE COMPARISON WITH CITY OF BLOOMINGTON AND PROP�SED [NCREASE OPTIONS 7.1 RESOLUTION t -3- TABLE OF CONTENTS INTRODUCTION ..................................................................4 AFTER RECEIVING A CITATION ........................................4 PAYING THE FINE ...............................................................4 Tobacco.....................................................................5 Faise Alarms ..............................................................5 Administrative Enforcement Program .........................6 GeneralRule ...................................................6 Level One Violations ........................................6 Level Two Violations ........................................6 Level Three Violations .....................................7 Level Four Violations .......................................7 Repeat Violations Within 24 Months ................8 Continuing Violations..., .................................:.8 REQUESTING A HEARING ..................................................8 BEFORE THE HEARING IS HELD .......................................8 Contacting the Hearing Officer ...................................8 Witnesses/Subpoenas ................................................8 Changing the Assigned Hearing O�cer .....................9 THEHEARING .....................................................................9 Hearing Procedure ........................9 Representation by an Attomey ...................................9 Decision.....................................................................9 Failure to Appear ......................................................10 AFTER THE HEARING ..............................................:........10 Licensure Appeals ....................................................10 Failureto Pay ...........................................................11 To Request a Hearing ..............................................11 Specific Violation or Correction Questions ...............11 7.1 INTRODUCTION The Brooklyn Park Administrative Enforcement Program is being used instead of the Hennepin County court system to review aAeged violations of City Code. Further, the Tobacco Ordinance Chapter 122 establishes penalties and a review process for tobacco violations. In addition, the Alarm Systems Ordinance Chapter 91 establishes penalties and a review process for alarm system violations. This process is intended to be more informal and less intimidating than the Hennepin County court system. The Alarm Systems, Tobacco, and Administrative Enforcement Programs are authorized by Brooklyn Park City Code. This brochure will explain the process in plain language. Codes can be referenced through the City website at ���G���vv.��ra���:Gt� s�>�� k.c�rca. AFTER RECEIVING A CITATION If you receive a citation, you may correct the violation and pay the fine; or if you want to request a hearing, you must respond within 10 days. The purpose of a hearing is to determine whether or not a violation(s) of City Code existed. Codes cannot be changed through the administrative enforcement hearing process. Each of these options is discussed on the following pages. If the citatian states that this is a "continuing violation" and that a mandatory appearance before a• hearing officer is required, you cannot just pay the fine. You must request a hearing and appear before a hearing officer. A hearing o�cer may impose a fine for each day that the vialation has occurred and continues. Please note: If you do not correct the continuing violation, the City may take other actions to achieve compliance with the ordinances. PAYING THE FINE The fines for the Administrative Enforcement Program are set forth by the Brooklyn Park City Council through a resolution defining administrative penalties. The penalties for tobacco violations are authorized by Brooklyn Park City Code. The fine is noted on the citation. Copies of the #ine schedules are available by contacting the Prog�am Administrator at (763) 493-8156. The fine may be paid with cash, check or money order. A check or money order must be made payable to Ehe City of Brooklyn Park for the correct amount. You may either pay in person at City Hall or mail one copy of. the citation with your check or money order to: City of Brooklyn Park Administrative Enforcement Program 5200-85th Avenue North Brooklyn Park, MN 55443-4300 NOTE: DO NOT SEND CASH. If the payment arrives more than 30 days after youc citation was issued, you will be required to pay an additional 10% penalty for each 30-day period, or part thereof, that the fine remains unpaid after the due da#e. NOTE: BY PAYING THE FINE, YOU ARE ADMITTING THAT YOU VIO�ATED THE CITY ORDINANCE. i 7. I -S- CITY OF BRQOKLYN PARK Tobacco FINE SCHEDULE Penalties Any licensee found to have violated this ordinance, or whose employee violated this ordinance, shall be charged as fo(lows: a. First violation, an administrative fine of $75.00. b. Second offense at the same licensed premises within a twenty-four (24) month period, an administrative fine of $200.00. c. Third offense at the same licensed location within a twenty-four (24) month period, an administrative fine of $250.00 and the license shall be suspended for seven (7) days. d. Fourth offense at the same licensed location withi� a twenty-four (24) month period, an administrative fine of $300.00 and the license shall be suspended for thirty (30) days. e. Fifth offense at the same licensed location within a twenty-four (24) month period, an administrative fine of $350.00 and the license shall be revoked. Other individuals, other than minors regulated by Code Section 122.99 (B){3), found to be in violation of this ordinance shall be charged an administrative fee of $50.00. CITY OF BROOKLYN PARK False Alarms FINE SCHEDULE Penalties FALSE ALARMS Any alarm user found to have more than three (3) false alarms in a calendar year, pursuant to Brooklyn Park Ordinance 91; shall be fined according to the administratiVe penalty program. The penalty shall be $50 for the fourth alarm and shall increase by the sum of $25 for each succeeding false alarm thereafter. SIGNED STATEMENTS Any alarm user not returning the Alarm Ordinance Compliance Form within five (5) days of notification of a false alarm shall be fined $25 per occur�ence. Payment of these penalties may be enforced by civil action. 7. I -6- CITY OF BROOKLYN PARK Administrative Enforcement Program FINE SCHEDULE General Rule All violations of City ordinances are le�el three violations and are subject to a$150.OU penalty, unless: a. The offense is listed below as a levef one, two o� level four violation, or b. The enforcement officer indicates that the offense should be lowered to a level two vioiation because it is a minor infraction, or c. The enforCement officer indicates that the offense should be increased to a level four violation because it involves critical unsafe c�nditions or significantly endangerect life ot property. Level One Violations, include but not limited to: �50 Afl violations of parking codes, except as otherwise noted ...................................Chapter72 Management of garbage and refuse for storage and collection Chapter 98 No visible add�ess numbers on the house Chapter 106 Snow and ice removal Chapter 96 Level Two Violations. include but not limited to: �75 All violations of animal control regulations, except as otherwise noted Chapter 92 Parking on unapproved surfaces, overweight vehicles, exterior storage, firewood storage........ Chapter 152 Parking within 10 feet of a hydrant ....................Section 72.04 Fencing setbacks and maintenance Section 152.263 Chapter 106 Telecommunication permit Chapter 102 Earth material storage and excavations ..............Chapte� 118 Excavations within the public right-of-way Section 96.40 Zoning code violations Chapter 152 Weight restrictions/T�ansportation permits............ Chapter 71 Junkvehicles Chapter 90 Snow removal restrictions, parking restrictions Chapter 72 Sign ordinance violations Chapter 150 Nuisance junk and debris violations Chapter 94 Level Three Violations, include but not iimited to: �150 An violation not s ecificall listed a y p y s a level one, two, or four. Animals without current rabies vaccination .......Section 92.35 Animat at large Section 92.03 Failure to obtain required license Chapter 1"10 Accessory structures..Chapters 106 (IPMC 303.2) 152.263 Lodging violations Chapter 117 Home occupation Section 152.262 152.263 Non-critical property maintenance Chapters 106 (IPMC) Non-critical swimming pool violations Chapter 105 Non-critical food inspection violations Chapter 114 Level Four Violations, include but not fimited to: �300 A violation conducted in such a manner that the violation significantly endange�ed life or property or involved critical unsafe conditions. Abandonment/failure to redeem animals from pound Section 92.22 Critical property maintenance .................Chapter 106 (IPMC) Critical food inspection violations Chapter 114 7.1 N Critical swimming pool violations Chapter 105 Reneat Violations Within 24 Months: Double Double the amount of the scheduled �ne for the p�evious violation, up to a maximum of $2,000. For example, if tfiere were four occurrences of a same or similar violation and the fine for the first occurrence is $150, the fourth occurrence would be $1,200 (first: $150; second: $300; third: $600; fourth: $1,200). The amount that is doubled is the scheduled fine, not the fine actually imposed. Continuina Violations: Fine Per Da�r A fine for more than one day of a continuing violation may be imposed only by a hearing officer. The hearing officer must find that eithe� (1 the violation caused a serious threat of harm to the public health, safety or welfare, or (2) the violator intentionally and unreasonably refused to comply with the code requirement. REQUESTING A HEARING If you believe that you did not violate the City ordinance or if you wish to refute the citation, you may request a hearing within 10 days of the citation date. The hearing wiH be held before a hearing officer who is not employed by the City in any other capacity. The purpose of a hearing ls to determine whether o� not a vfolation(s) of City Code existed. Codes cannot be changed through the administrative enforcement hearing process. To request a hearing you must contact the Program Administrator either in person or by telephone at (763) 493-8156. Make certain that you allow at least one-half of the day for the hea�ing. Other cases may be scheduled at the same time and you may have to wait. The Program Administrator will send you confirmation of the date, time, and location for your hearing, and the name of the hearing officer. BEFORE TH� HEARING iS HELD 1. Contacting the Hearing Officer. You may not contact the hearing officer before the hearing to discuss your case. Direct all questions to the Program Administrator at (763) 493-8156. 2. Witnesses/Subpoenas: You ma brin witnesses to the hearin If a witness does not want to a ear willin I ou ma Y 9 9 PP 9 Y, Y Y request that a subpoena be issued. You may use a subpoena to require the presence of a witness or documents at the hearing, i _9_ Your request must be in writing, stating the reason you need the subpoena, and submitted to the Program Administrator at least seven davs before the scheduled hearing date. !f you request the presence of a City employee, that person will attend the hearing without the need for a subpoena, if he or she has information that is relevant to our case. Your re uest for other o le or documents Y q Pe P will be iven to the assi n h I g g ed earing o�cer, who will decide if you have shown a valid need for a subpcena. If your request is granted, the Program Administrator will notify you that the subp�ena is available to be picked up. You must serve the subpoena by giving it di�ectiy to the person that you want to aftend or who has custody of the documents that ou want. At the time of the hearin ou must a the erson 20 for Y 9Y pY P a earin and milea e reim r pp bu sement er the U S General rv' s A mini r' 5 9 Se ice d st at�on for travef to the p hearing. A person served with a sub oena ma file an ob'ection with the hearin officer. The hearin P Y J 9 9 officer may cancel or modify ihe subpoena. Failure to comply with the subpoena is a misdemeanor and is contempt of court. 3. Changing the Assigned Hearing Officer: If you have an objection to the assigned hearing officer, you may file a written request with the Program Administ�ator to change the assigned hearing officer. This request must be made no later than five days before the hearing. You do not need to provide a reason. Your first �equest will automatically be granted. Any subsequent request for the same case, and any request by the City, will be refened to the assigned hearing officer, who will decide whether he or she can fairly and objectively hear the case. The hearing officer will issue a written decision which will be mailed to you or iven #o ou on h t e schedule d date of the hearin If the re uest is ranted the Pr ram g Y 9 q 9 09 Administrator will assign another hearing officer and will notify you of a new date and time for the hearing. If the request is not granted, the hearing will go forward as scheduled. THE HEARING 1. Hearing Procedure: The hearing will be informal, without strict rules of evidence, and will be recorded. The hearing officer will decide whether you may make an opening and/or closing statement. The City bears the burden of proving a violation occuned and will present testimony first. You have the right to cross-examine the City's witnesses. After the City has finished its case, you may present witnesses, but you are not obligated to present any evidence. If you wish to testify, you may do so after being sworn to telt the truth. All witnesses must be sw�rn. 2. Representatlon by an Attorney; Use of attorneys at these hearings is discouraged in order to promote efficiency and informality. If you wish to have an attorney present, the attomey will be aAowed to advise you, but may not make any of the presentations. The City will not be represented by an attomey at the hearing. 3. Decision: The hearing officer may decide the case immediately after testimony has finished: However, if it is a complicated case the hearing officer may take some time to make a decision. A copy of all decisions wifl be mailed or served to you personally. i io- If the hearing officer decides that you vialated the City ordinance, the hearing o�cer has the authority to: a. Order the violation be corrected, and b. Impose the fine established in the approved schedule, or c. Reduce the established fine amount, or d. Decide that na fine is apprqpriate because of the circumstances. In deciding which action to take, the hearing officer may consider an or all of the followin factors: Y 9 a. How long the violation lasted, b. How often it occurred, c. How serious it was, d. What the history was, e. What your conduct was after the citation was issued, f. Whether you made any good faith effort to comply with the ordinance, g. What kind of impact the violation had on the community, and h. Any other factors which are appropriate. The hearing officer cannot impose a fine greater than the established fine, except that the hea�ing officer can impose a fine for each day that the violation continued if: a. The violation caused a s�erious threat of harm to the public health or safety, or b. You refuse to comply with the City Ordinance. 4. Failure to Appear: If you fail to appear for the hearing, you are admitting the charges against you. The hearing officer may impose a penalty in your absence. In addition. you may be subject to criminal penalties for failing to appear. If the City representatives fail to appear, the charge will be dismissed. ff you have a good reason for missing the hearing. contact the Program Administrator within one day after the scheduled hearing. Place your reasons in writing. The Program Administrator will ask the hearing officer to decide whether you had a good reason for your absence. Examples of good reasons are: a death; illness v�hich incapacitates you; a court order requiring you to appear for another hearing at the same time; and lack of proper service of the citation or notice af the hearing. Good reasons do not include fiorgetfulness and intentional delay. AFTER THE HEARING 1. Licensure Appeals: You may appeal to the Brooklyn Park City Council if your case involved: a. A failure to obtain a permit, license or other approval from the City Council, or b. A violation of a permit, license, other approval, or the conditions attached, which was granted by the City Council, or c. A violation of regulations goveming a person who has received a license from the City CounciL 7. I -II- To appeal to the City Council, you must submit a request in writing to the Program Administrator within ten days after the hearing officer's decision. You will then be notified at least ten days in advance about which Council meeting to attend. When you appear before the Council, you may give your reasons why you disagree with the hearing o�cer's decision. This can be done verbally or in writing. No new evidence or witnesses are allowed. The Council will have the transcript of the hearing to review. 2. Failure to Pay: If you do not pay the fine, the City may do one or more of the foNowing: a. Add the fine to your property taxes if you own property in the City, the property was the subject of the violation, and you were responsible for the violation. b. Get a judgment against you and begin collection procedures. c. Suspend, revoke, or deny a City-issued license or permit that is associated with the violation. d. Start a�criminal proceeding in District Court charging you with the original violation plus a violation for failing to pay. e. Abate the violation in accordance with applicable rules and regulations: The violator and/or property owner are responsible for all associated costs. 3. To Request a Hearing: Please see page 9. 4. Specific Violation or Correction Questions: Shouid be directed to the City o�cial who issued the citation. i :\UTItBILL1WPFIlESlbetlylProceduresWEP Manual 11-14-0S.doc 7.1 I� MEMORANDUM DATE: December 3, 2007 TO: Mayor and City Gounci) FROM: Gary E. Brown, Director of Engineering and Building lnspections COPY: Doug Reeder, City Manager Jim Hilgendorf, Building Inspections Division Manager SUBJECT: Adm.inistrative Penalty Schedule The current process of late fines or wnlicensed rental housing is as follows; Late renewaL• l- I S days 75.00 Late Fee License Fee of I So.(70/year $225.00 16-30 days I 50.00 Late Fee License Fee of I 50.00/year $300.00 Over 30 days Must apply for new license: (They will now be renting without a license) We are proposing the following poiicy. With an increase of $100 (67%) in the fine for caught renting without a license and served notice to apply for license: 0-10 da s $250.00 Late Fee Citation License Fee of I SO.OU/ ear $40o.00 Y y I 1-20 days $SOO.UO Late Fee (Citation) License Fee of l SbAU/year $650.00 2 I-30 days $1,000.00 Late Fee (Citation) License Fee of $150.00/year =$1,150.00 30 days $2,0OO.Oo Late Fee (Citation) License Fee of I 50.00/year =$2,150.00 s 7.1 13 Administrative Pcnalty Increase Proposals and Comparison with City� of Bloomington Updated Iticrease Increase City of Bloomington Proposal (A)- Proposal (B)- Fine Amount (betore levet One Violations S50 (current fine) Nov.19� 2007 Dec. 3, 2007 atter 2008 increase) All viofations of parking codes, except as �5s (�o°k 1 otherwise noted increase) $55 (10°k Increase) $100 -$250 Management of garbage and refuse for storage 2 and coliection (i.e. trash can in view) $50 -$250 3 No visible address numbers on the house I $�oo -$250 a Snow and ice removal (i.e. sidewatk shovelin�) $100 -$300 Level Two Violations ;T5 (current fine) A!I violations of animal control regulations, except a�oo (33% 3200 (�6�� 5 OthenNlSe noted Increase) Incxease) $50 -�100 Parking on unapproved surfaces, overweight 6 vehicles, ext. storage, firewood oo -�250 7 Parkin� within 10 feet of a hydrant wA s Fencing setbacks and maintenance oo -$300 s I Telecomm�►nication pe�mit I I I $�oo -$soo �o Earth material stora�e and excavations $�oo -$300 11 Excavations withill the public ri�ilt-of-way $100 -$300 �2 Zoning Code violations $�oo -�300 13 Wei�ht restrictionslTransportation permits N/A 14 Junk vehicles I I I S50 5500 15 Snow removat restrictions, parkin� restrictions N/A �s Si�n ordinance violations $300- $�,000 Nuisance junk and debris violations $200 -$250 I 7.1 14- Updated Increase Increase City of Bloomington Proposal (A)- Proposal (B)- Fine Amount (before Level Three Violations 5150 �current fine) Nov.19, 2007 Dec. 3. 2007 alter 2008 increase) $165 (10°k 8 Failure to obtain a rental ticense �ncrease) $250 (67°� increase) $2so ,000 Any violation not specifically listed as-a� 19 �1N9; AF-#6k#: $200 (33% i�crease) $100 $300 20 Animals without current rabies vaccination $so 5100 21 Animal at large $50 5100 22 Failure to obtain required license ti.e. food) aloo S3oo 23 I Accessory structures I 5250 5500 2a Lod �ic�nq violations $200 -$500 25 Home occupation I $250 -$t,000 26 Non-critical property maintenance 1 $200 asoo 27 Non-critical swimmin� pool violations $250 3500 2s Non-critical food inspection violations 3500 29 Lonq Grass S2so Level Four Violations 5300 (current fine) $4U0 (33% $500 (67% ao Critical unsafe conditions �ncrease� Increase} $500 $1,000 AbandonmenUfailure to redeem animals f�om 31 pound $�oo $soo 32 CritiCa) property maintenance 5500 a1,000 I 33 I Critical food inspection violations I S5o0 S�,000 I 3a I C�iticai swimmin� pool violat+ans S50o S1.000 i -�5- RESOLUTION #2007- RESOLUTION APPROVING AMENDMENTS TO THE ADMINISTRATION PENALTY SCHEDULE TABLE (APPENDlX: FEE RESOLUTION, ADMIN(STRATIVE PENALTY SCMEDULE) WHEREAS, public hearings were held at the September 17, October 15, and November 19, 2007 City Counci! meetings to discuss an increase to the Administrative Penalty Schedule; and WHEREAS, staff was directed to prepare a recommendation to increase Ehe Administrative Penalty Schedule as per the council discussions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THC CITY Of BROOKLYN PARK to approve the following amendments to the Administrative Penalty Schcdule tablc. I �4R@,�R�A�R� �-5'9'99 I �88 Violation Descri�ton Administrative Psnalt�l Amount All violations of parking codes, except as otherwise noted �6e �S5 Management of ga�bage and refuse for storage 2 and collection (i.e. trash can in view) �&'s $55 3 No visible address numbers on the house I 35A 55 a Snow and ice removal (i.e. sidewalk shovelinq) �A �55 All viofations of animal control regulations, except s othervvise noted �s �200 Parking on unapproved surfaces, overweight s vehicles, ext. stora�e, firewood ��2oo i Parkin within 10 feet of a h dr n v a t q�oo 8 Fencin� setbacks and maintenance �$200 9 Telecommunication permit ��zoo o Earth material stora�e and excavations 200 Excavations within the public ri�ht-of-way t� $200 �2 Zonin$ Code violations 2� 13 I Wei�ht restrictions/Transportation nermits 1 S�s 14 I Junk vehicles I 5�7� �20_o I 15 Snow removal restrictions, parkin� restrictions ��0? Q �s Sign ordinance violations g7.� $200 I Nuisance junk and debris violations S� 200 �8 Failure to obtain a rental license S� �250 Any violation not specifically listed as,a-le�re�e� �s twe;-eF-�e�- 200 20 Animals without current rabies vaccination g.�.s� se 2� Animal at lar�e ��200 22 Failure to obtain required license (i.e. food) S�9 2s I Aecessory structures I �e $�oo 2a Lodqinq violations o0 25 Home occupation g�.�A 26 Non-critical property maintenance �A �200 27 Non-critical swimming pool violations 2�,t ,o 28 Nan-criticai food inspection violations S� s2oo 2s Lonq Grass S�8 $200 30 Critical unsafe conditions S�Ae 500 Abandonment/failure to redeem animals from 31 pound S3gA �0 32 Critical propertv maintenance �a0� ,�500 33 Critical food inspection violations o0 3a Critical swimming pool violations S3A8 $500 Double the amount of the scheduled fine for the previous violation, up to a 35 Repea# violations within 24 months maximum of $2,000 A fine for that can be imposed by the hearing officer for each day the 36 Continuin� violations violation continues. Unlicensed rental properties will face stiffer city penal6es Page 1 of 2 PRINTTHIS St�r�ibune.corn Minneapolis St Paul, Minnesota Powered by Unlicensed rental properties will face stiffer city penalties Officials want to send a message to landlords: Renting without a license will not be tolerated. Graduated late fees are now in place. By LORA PABBT, Star Tribune Last update: December 4, 2�07 -10:02 PM Brooklyn Park city officials warrt landlords to know they are serious about cracking down on properties without rental licenses. After months of discussion about how much to raise fines, the City Council unanimously voted Monday to immediately increase the penalties for dozens of violations, from renting without a license to not taking out the garbage. But the biggest point of concem for the council is the number cf landfords who refuse to renew or get rental licenses in the first place. The fine will go up from $150, the same cost of a rental license, to a graduated {ate fee, which coukf run $2,000 after 30 days. "If you want to have a rental property, it's a business and there are guidelines you have to follow," said Council Member Mark Mata Brooklyn Park has 1,500 single-family homes lic�nsed for rental, but City Engineer Gary Brown estimates tfiere are probably 300 to 400 more the city doesn't know about. This fall, Brown hired a part-time employee to seek out these landlords. The city has also had an increasing number of landlords who didn't renew their licenses this year but are still rerrting 65, up from a handful last yea�. These cases require lega! action that city officials want the defiant Iandlords, not residents, to pay for. 'The city has spent a lot of money last year and this year to help neighbors feel safe in their own neighborhoods," Mata said. "It shouldn't be the residents of Brooklyn Park paying more taxes just to keep up their neighborhoods." Unlicensed hames have been identified as a key faCtor in rising crime in Brooklyn Par{c neighborhoads. This summer, the city instituted the Neighborhood Acaon Program (NAP), which increases cooperation befinreen law enforcement and code enforcement and licensing inspectors to make sure one house doesn"t deteriorate enough to affect the quality of the neighborhood. VVith the program in place, they are able to catl on each other when they discover problem propertias through the course of their work. http://www.printthis.clickability.com/pt/cpt?action=cpt&title=Unlicensed+rental 12/6/2007 Unlicensed rental properties will face stiffer city penalties Page 2 of 2 Council Member Mike Trepanier said at Monday night's City Council meeting that the city needs to focus on qetting long-term compliance from landlords. 'This is a carrat and a stick," he said of the increasing fines. "If you respond sooner, you're not gonna get h�.�� This year, the city charged one local homeowner with renting finro properties without a license. In October, the homeawner was convicted and ordered to correct the code violations at his properties and update his li�nse by Dec. 1. Brown said since the homeowner hasn't completed the work, he could now be facing jail time. "We're not messing around," Brown said. "If you come in now, it's $250, but if you let it go, it's $2,000." Lora Pabst 612-673-4628 O 2007 Star Tribune. NI ri8hts reaerved. Find this artide at: hUp://www.startribune.00m/Ioc:aUnorfh/12138396. html Check the box include the list of links referenoed in the article. http://www.printthis.clickability.com/ptJcpt?action=cpt&title=Unlicensed+rental+propertie... 12/6/2007 z �,z r.. r 4 f �l �����w������ r >,r t R v '.i: .i i :i s x v-. 'i�.: .t.: i r: ".v �..Y.. ......c, r :�i": e.. u i 3 ,Y el .x'. .:i 5, x... t n :t R; r .t ::p ti v p: i .i: ..�i t` ,:e F .n. i;: s.. i J `:'.i: n:: .i v y:i. 5 i City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE: December 6, 2007 TO: Brooklyn Center City Council FROM: Curt Bo ane Cit Man S Y Y SUBJECT: City Manager Performance Review COUNCIL ACTION REQUIRED I have attached a first draft of two forms that you may wish to use or modify for use as part the City Manger Review process. On Monday I will have additional information and an outline for a suggested review procedure for your consideration. I apologize for the delay. BACKGROUND COUNCIL POLICY ISSUES i I G:1City Manogerl WORKSESSlON.MBM.FRM.doc I 6301 Shingle Creek Parkway Recreation and Comr►aunity Center Ph.one TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www. cityofbrooklyncenter.org Vf N Cit}' Of GJ O O BRUOKLYN CENTER o Q Q t' W W City Manager x Eva uation Form a o 0 x O w 0 Does the City Manger maintain effective and p,, open lines of communication with the Council as a body and with individual members? B Is the Council kept apprised of a11 ongoing and current situations mvolving City business? Does the City Manager exercise sound judgment C• when advising Council? Does the City Manager anticipate needs and recognize potenti�l problems? Does the City Manager propose effective solutions and provide alternatives to identified problems? In making decisions, does the City Manager obtain C the facts and consider the loag-term implications? D Does the City Manager provide Council with all infor�nation necessary to make decisions? E Are the goals of the Council incorparated into plans for implementa.tion? A Does the City Mana.ger exhibit the ability to arrange work and efficiently apply resources? Does the City Manager make decisions when B, sufficient information is available, and implement action when conditions are ripe for success? Does the City Manager exhibit the ability to reach C, for effective and, when necessary, creative solutions? Does the City Manager obtain the best possible end result for the money spent? Do the departments run smoothly, and is there E, adequate internal communication among staff, and between staff and the City Manager? c c v o 0 c:t,yur y BR�OKLYN o CENTER o Q, fl. v c u� u� a Q v �i C�ty Manager a, p. R o Eva uation Form o .oW��a Does the City Manager ad.equately and accurately p,, report and project the financial condition of the City in a t�mely manner? B Are management practices and policies designed to maintain a sound long-range financial position? C Are plans for the long-term replacement and maintenance of equipment updated regutarly? D Does the City Manager implement effective programs to limit liability and loss? Are there short- and long-term goals for asset management? F Does the Ciry Manager suggest and pursue creative solutions to financial issues? Does the City Manager have a customer service A, orientation; is she approachable, available and responsive to the public? Does the City Manager communicate openly, g, clearly and honestly with the public, recognizing their right and need to be weli informed? C, Do each of the Departrnents reflect a"customer first" attitude? A. Does the City Manager build and motivate a team? Does the City Manager earn the cooperation and respect of subordinates? C Does the City Manager encourage employees to update their skills and training? h Cily nf 4� O O BROOKLYN c CENTER Q Q w w C�ty Manager a W g a� u _7+ Eva uation Form X v �s o O ii D Does the City Manager promote teamwork and cooperation among the Department Heads? Does the City Manager recognize the value of E excelin employees, and use a11 reasonable efforts to ensure that the best available individuals are recnuted hired and continue to work for the City? F Does the City Manager maintain adequate job descriptions for employees? Does the City Mana.ger ensure annual evaluations G' for all employees? H How do you rate the City Manager's overall management style in dealing with employees? A Does the City Manager ha.ve the ability to resolve conflicts inherent in a public agency? B. Is the City Manager a good negotiator? Does the City Manager listen to and understand the C, positions and circumstances of others, and communicate that understanding? D. Does the City Manager handle stress well? Does the City Manager exhibit resilience; i.e., E, maintains motivation and energy in spite of constant demands? F. Does the City Manager follow through in a timely er on commitments and re uests? mann q G Is the City Manager proactive in recognizing issues and initiating action? Does txie City Manager handle people well in H difficult situations? Does the City Manager clearly communicate expectations to contract organizations/personnel to implement City goals and policies? c:ryor a� o 0 BRUOKLYN c r� CENTER o o a a W W Cit Mana er Y g aQ c� x �u c W Eva uation Form z L a, u O u'S A Does the City Mana.ger inspire a shazed vision and enlist staff and Council support? B Does the City Manager seek and pursue opportunities to improve the organization? C Does the City Manager enable others to act by creating an atmosphere of trust and collaboration? D. Does the City Manager create standards of excellence and model behavior? E Does the City Manager conform to the high ethical standards of the profession? F Has the City Manager met the goals established by the City Council during this evaluation period? Does the City Manager maintain regular A. communication with the contract enforcement agency? B Does the City Manager inspire a shared vision and enlist sta.ff and Council support? Evaluator: Date: Cit Mana er i�� `o �a l ��O Evaluation Form a a 0� ��a`��� am g'�m� m�� O <i,'�'� O A. Does the City Manager maintain effective and open lines of communication with the Council as a body and with individual members? B. Is the Council kept apprised of all ongoing and cur�ent situations involving City business? C. Does the City Manager exercise sound judgement when advising Council? A. Does the City Manager anticipate needs and recognize potential problems? B. Does the City Manager propose effective solutions and provide altematives to identified problems? C. In making decisions, does the City Manager obtain the facts and consider the long-term implications? D. Does the City Manager provide Council with all informa- tion necessary to make decisions? E. Are the goals of the Council incorporated into plans for implementation? r A. Does the City Manager exhibit the ability to arrange work and efficiently apply resources? B. Does the City Manager make decisions when sufficient information is available, and implement action when conditions are ripe for success? C. Does the City Manager exhibit the ability to reach for effective and, when necessary, creative solutions? D. Does the City Manager obtain the best possible end result for the money spent? E. Do the departments run smoothly, and is there adequate intemal communication amang staff, and between staff and the City Manager'? Page 1 oJ'4 c c Git Mana er Y g �o Evaluation Form ca` a a o ��e, 0}.0 0 o°`� .�a O°� A. Does the City Manager adequately and accurately report and project the flnancial condition of the City in a timely manner'? B. Are management practices and policies designed to maintain a sound long-range financial position? C. Are plans for the long-term replacement and mainte- nance of equipment updated regularty? D. Does the City Manager implement effective programs to limit liability and loss? E. Are there short- and long-term goals for asset manage- ment? F. Does the City Manager suggest and pursue creative solutions to flnancial issues? A. Does the City Manager have a customer service orienta- tion; is she approachable, available and responsive to the public? B. Does the City Manager communicate openly, clearly and honestly with the public, recognizing their right and need to be wel! informed? C. Do each of the Departmen#s reflect a"customer first" attitude? A. Doss the City Manager build and motivate a team? B. Does the City Manager earn the cooperation and respect of subordinates? C. Does the City Manager encourage employees to update their skills and training? D. Does the City Manager promote teamwork and coopera- tion among the Department Heads? Page 2 of 4 i apC City Manager o �a�� Evaluation Form o� a�� o`� w m g 0 3 v �-b �0� �a��Oo¢' s E. Does the City Manager recognize the value of excel- lence in empioyees, and use all reasonable efforts to ensure that the best available individuals are recruited, hired and continue to work for the City? F. Does the City Manager maintain adequate job descrip- tions for employees? G. Does the City Manager ensure annual evaluations for all employees? H. How do you rate the City ManagePs overall manage- ment style in dealing with empioyees A. Does the City Manager have the ability to resolve conflicts inherent in a public agency? B. Is the City Manager a good negotiator? C. Does the City Manager listen to and understand the positions and circumstar►ces of others, and communi- cate that understanding? D. Daes the City Manager handle stress well? E. Does the City Manager exhibit resilience; i.e., maintains motivation and energy in spite of constant demands? F. Does the City Manager fallow through in a timely man- ner on commitments and requests? G. Is the City Manager proactive in recognizing issues and initiating action? H. Does the City Manager handle people well in difficult situations? I. Does the City Manager ciearly communicate expecta- tions to contract organizations/personnel to implement City goals and policies? Page 3 of 4 1 City Manager p ��Q Evaluation Form m a �o o o o° O° r,, A. Does the City Manager inspire a shared vision and enlist staff and Council support? B. Does the City Manager seek and pursue opportunities to improve the organization? C. Does the City Manager enable others to act by creating an atmosphere of trust and collaboradon? D. Daes the City Manager create standarcls of excellence and model behavior? E. Does the City Manager conform to the high ethical standards of the profession? F. Has the City Manager met the goals established by the City Council during this evaluation period? A. Does the City Manager maintain regular communication with the contract enforcement agency? B. Does the City Manager enforce all laws and ordinances of the City? Evaluator. Date: Page 4 of 4 �LATIONS WITH THE CITY COUNCIL A. Does the City Manger maintain effective and open lines of communication with the Council as a body and with individual members? B. Is the Council kept apprised of all ongoing and current situations involving City business? C. Does the City Manager exercise sound judgment when advising Council? PLANNING A. Does the City Manager antici.pate needs and recognize potential problems? B. Does the City Manager propose effective solutions and provide alternatives to identified problems? C. In making decisions, does the City Manager obtain the facts and consider the long-term implications? D. Does the City Manager provide Council with all information necessary to make decisions7 E. Are the goals of the Council incorporated into plans for implementation? ORGANIZATION SKILLS A. Does the City Manager exhibit the ability to arrange work and efficiently apply resources? B. Does the City Manager make decisions when sufficient information is available, and implement action when conditions are ripe for success? C. Does the City Manager exhibit the ability to reach for effective and, when necessary, creative solutions? Does the City Manager obtain the best possible end result for the money spent? Do the departments run smoothly, and is there adequate intemal commurncation among staff, and between staff and the City Manager'? BUDGETlFINANCE A. Does the City Manager adequately and accurately report and project the financial condition of the City in a timely manner? B. Are management practices and policies designed to maintain a sound long-range financial position? C. Are plans for the long-term replacement and maintenance of equipment updated regularly? D. Does the City Man.ager implement effective programs to limit liability and loss? E. Are there short- and long-term goals for asset management? F. Does the City Manager suggest and pursue creative solutions to financial issues? COMMUNITY RELATIONS A. Does the City Manager have a customer service orientation; is she approachable, available and responsive to the public? B. Does the City Manager communicate openly, clearly and honestly with the public, recognizing their right and need to be well informed? C. Do each of the Departments reflect a"customer first" attitude? �RSONNEL RELATIONS A. Does the City Manager build and motivate a team? B. Does the City Manager earn the cooperation and respect of subordinates? C. Does the City Manager encourage employees to update their skills and training? D. Does the City Manager promote teamwork and cooperation among the Department Heads? E. Does the City Manager recognize the value of excellence in employees, and use all reasonable efforts to ensure that the best available individuals are recruited hired and continue to work for the City? F. Does the City Manager maintain adequate job descriptions for employees? G, Does the City Manager ensure annual evaluations for all employees? H. How do you rate the City Manager's overall management style in dealing with employees? MANAGEMENT SKILLS A. Does the City Manager have the ability to resolve conflicts inherent in a public agency? B. Is the City Manager a good negotiator? C. Does the City Manager listen to and understand the positions and circumstances of others, and communicate that understanding? D. Does the City Manager handle stress well? Does the City Manager exhib+t resilience; i.e., maintains motivation and energy in spite of constant demands? F. Does the City Manager follow through in a timely manner on commitments and requests? G. Is the City Manager proactive in recognizing issues and initiating action? H. Does the City Manager handle people well in difficult situations? I. Does the City Manager clearly communicate expectations to contract organizations/personnel to implement City goals and poticies? LEADERSHIP A. Qoes the City Manager inspire a shared vision and enlist staff and Council support? B. Does the City Manager seek and pursue opportunities to improve the organization? C.. Does the Crty Manager enable others to act by creating an atmosphere of trust and collaboration? D. Does the City Manager create standards of excellence and model behavior? E. Does the City Manager conform to the high ethical standards of the profession? F. Has the City Manager met the goals established by the City Council during this evaluation period? LAW ENFORCEMENT A. Does the City Manager maintain regular communication with the contract enforcement agency? i Does the City Manager enforce all laws and ordinances of the City? Review of Annual Goa! Performance for City Marnager ANNUAL GOALS PERFORMANCE INDICATORS AaCOMPLISHMENTS RATING REVIEWER'S COMMENTS Goai !11 Positiveht address the Recreationai programmfng changing dsmographia and responsive to the City�s culturally inuessing adturai tNversity diverse populations. Improve cultural competence of all City employees. Efforts to bridge the language gaps between dtizens and city govemment. Establish ar adopt a c city commission to advise Gty staff and/Council on ways to improve city govemmerns capacity to effectivey respond to diverse cuhures and as means of attracting volunteer I�erpreters. Facilitate positive irrteraction between cultures within neighborhoods. Develop mediation skills for e�orcement emQloyees Our Missbn -To ensure a clean, safe, attractive wmmunity that enhanoes the qualily of life and presenres the pubik trust With excellence and quality service, ethks and integ�rity, visionary leadership and planning, fiscal responsibility, woperation and teamwork, open honest commuRkadon and professionalism i i Review of Annua/ Goa/ Performance for £ity Manager Goal N 2lmprare E�oroement Centralize the code enforeement of qty Codes programs and/or functlons. Centralize communication processes that accept, monitor and provide final disposition to code compliance. Educate the public regarding community standards. Expand code enforcement tools i.e. a6atement, administrative fines and new ordinances.. Provide flscal and human resouroes neceuary to implemem needed changes. God N 3CorKinue to maintain Continue long range capital and upgrade (as needed) Chy improvement program using Iife InirastrucWre cycle approach. Asset management for public buildings. Inderrtify funding levels and sources for capital needs. Our Mission -To ensure a clean, safe, attractMe community that enhances the qualky of Iffe and preserves the publk trust With excellence and quality servke, ethks and ir�tegrity, visionary leadership and planning, fiscal responsibility, cooperation and teamwork, open honest communication and professionalism Review of Annua! Goai Performance for City Manager Goal 4 Enwre s safa and Implement problem orierited sea�re oommunity by redudng policing strategies through crime collectfon end analysis of data on pattems of crime and disorder. Irrvolve community in pdicing efforts through wmmunity partnerships. Assure police accourrtabilityto keep the department and its officers functioning properly and focused on mission, values and goals. Expand enforcement toois i.e. chapter 12 9-13 to cover all rental properties. i Add new and/or redi�ect existing I, resources to improve response I effectiveness. I Assess current baseline to develop improvement objectives. I Prioritize criminal activity focus and response efforts. Scientifically survey community ta understand concems and perceptions about crime, safety and security. Implement media relations strategy to help citizens understand issues in Goal 4 continued a thorough manner. Our Missbn -To ensure a dean, safe, attractive community that enhances the quality of life and presenres the public trust With excellence and quality service, ethics and integrity, visbnary leadership and planning, fiswl responsibility, cooperation and teamwork, open hanest wmmunkatioo and protessionalism i Review of Annual Goa! Performance for City Manager Match resources with demands and Coundl expectations. Facllitate multi-dlscipline and multi- community approaches to addressing increases in cNminal activity. I Goai M 5 Aggressively proaeed Assess current status of witl► the qty's Rede+relopment redevelopmer�t efforts. Wans Establish vision and expectations P�ioritize Redevelopmer�t Efforts Analyze redevelopmeM infrastrudure needs Identify resources and tools needed for redevelopment. i Facilitate the oonstruction of I unique, quality inftll housing. i Our Missbn -To ensure a clean, safe, attractive community that enhances the quallty of liFe and presecves the public trust p pl g, ity, cooperetion and teamwork, open honest communicatbn and I Wfth excellence and quality service, ethics and i�rtegrity, visionary leadershi and annln f�cai responsibil professionaflsm I Revlew of Annua/ Goa/ Performance for City Manager Goal M 6 Continue to ensure Provide sound professfonal fiscal flnandal stabilky of the dty managemerrt govemmeM Diversify aty coritrolled revenue sources. Renew Uty-State partnershfps. Maintain contingency funding. Improve long term capital planning. Foster redevelopment MaiMain/improve bond rating Align Gty budget with strategic I goals Goal 117 Improve the quality of Support ideas for redesigning dty's existing housing stodc rambfers. Promote strategic advarrtages of buying a home in Brooklyn Center. Encourage home ownershfp. Adopt point of sale ordinance. Imrentory condition of existing housing stock. Educate residerrtial property owners {especiallyfirst time) on howto protect property values of homes. Enforoe rerrtal licensing on detached single family residences. Eliminate illegal duplexes. Improve/maintain public irifrastructure/facilities in residential neighbofioods. Develop and implemerit housing preservation programs using 15% I Our Mission -To ensure a slean, safe, attractwe community that enhances the quality of life and preserves the publk trust I I I nin fi 1 res nsibil coo ra�an and teamwork, o n honest communication and rshi and an sca Pe pe ics and inte visiona leade Po �1f With excellence and uality service, eth g�N, ry p P� 4 professbnalism i i i I t Review of Annua! Goo! Performonce for City Monager houfing TIF funds to achfeve goals. Catalague and communicate to the public available home ownership resources. Facilitate re-establishment of welcome wagon. Host realtor forum. Brookdale redevelopment. Goal 8 Ma�tain or lower Increase the Tax Base pruperty taxes Resist buying private propeRies with low cost-beneflt ratio. Revisit emineM domain. Ea�ly termination of tax increment finance districts where appropriate. Use existing resources most efficier�tly. Coundl prioritization for the use of available city resources. Take advarrtage of grant opportunities on a selective basis. Support legislative efforts to improve financial stability and favorable reform of property tax I system. Our Mission -To ensure a clean, safe, attradive community that enhanoes the quality of Iife and preserves the public trust With excellence and puality service, ethics and integrity, visionary leadership and planning, fiscal responsibility, cooperation and teamwork, open honest oommunication and pro�essionalism h i 'v n v s f w A n ...4:. t. ry y l E i f xx: :e: i j ��������������k����� ��Il�i +N��„����T� '���M}� i .i e r r ,i.: r l 'x .,i '4 ..:i: n fi i >:t :v: e ..�t i i.^, �i. �..'v i 2 r t v. s �i .ir 'i r i t 'v a r: ...'i' :zi ,i: r u y i w i .i :.�.Y r. n... ::::i .4: ...s: .i s: .4. p :k i y .i s �o w y H i ..p ...':'i �.i n T fl l -c Y s i .5 o., .o::. .s i e i'. .:.s. t d t �:.o.. S ,i, f r .v. re 5. .n.. 'M1' v �c �..i ?v '(i 7 ..r. y- Y y r t e 1 x .v q t+ a l �r. ,,5 i. .....v.�.......u.� .�:x. .....uY.e....,... ...�y.......... City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE: December 6, 2007 TO: Brooklyn Center City Council FROM: Curt Boganey, City Man SUBJECT: 2008 Council Retreat Date COUNCIL ACTION REQUIRED If there will be a retreat in early 2008, it would be helpful to discuss possible dates, facilitators, agenda ideas and expected participants, to begin the process. BACKGROUND COUNCIL POLICY ISSUES 12100�. rdreareacc. Worksession. me�►►.frm.ao�X 630Y Sltingle Creek Parkway Recreation and Community Center P)aone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City H¢ll TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www. cityofbrooklyncenter.org