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HomeMy WebLinkAbout2009 10-12 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION October 12, 2009 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. i ns 1. Crty Council Discussion of Agenda Items and Quest o 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adj ourn I I CITY COUNCIL MEETING City of Brooklyn Center October 12, 2009 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 publia The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. 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 l. September 28, 2009 Study Session 2. September 28, 2009 Regular Session 3. September 28, 2009 Work Session b. Licenses c. Resolution Authorizing the Execution of a Limited Use Permit for Trail Purposes for the Bass Lake Road Streetscape and Regional Trail Improvements Project No. 2009-18 within State Right-of-Way between the Minnesota Department of Transportation and the City of Brooklyn Center CITY COUNCIL AGENDA -2- October 12, 2009 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Officer Clark Messenbrink Requested Council Action: —Motion to adopt resolution. b. Resolution Expressing Recognition and Appreciation of Darrell D. Meehan for Over 28 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: —Motion to adopt resolution. c. Resolution Expressing Recognition and Appreciation of Christine Eaton for Her Dedicated Public Service on the Northwest Hennepin Human Services Council Advisory Commission Requested Council Action: —Motion to adopt resolution. d. Resolution Expressing Recognition and Appreciation of Julie Gillis for Her Dedicated Public Service on the Northwest Hennepin Human Services Council Advisory Commission Requested Council Action: —Motion to adopt resolution. 8. Public Hearings None 9. Planning Commission Items None 10. Council Consideration Items a. Resolution Making Findings of Fact and Order Relating to 4216 Lakebreeze Avenue North —This item was tabled at the September 28, 2009, meeting. Requested Council Action: —Motion to remove from table. —Motion to adopt resolution. b. Resolution Authorizing the Execution of a Construction Cooperative Agreement far the Bass Lake Road Streetscape and Regional Trail Improvements Project Na 2009-18 between Hennepin County and the City of Brooklyn Center Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -3- October 12, 2009 i c. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 2009-18, Bass Lake Road Streetscape and Regional Trail Improvements Requested Council Action: —Motion to adopt resolution. d. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2009-21, Contract 2009-L, 2009 Capital Maintenance Building Plan Requested Council Action: —Motion to adopt resolution. e. Resolution Adopting Water Utility Conservation Rate Structure Requested Council Action: —Motion to adopt resolution. f. Resolution Establishing Fees for Daycare Fire Inspections Requested Council Action: Motion to adopt resolution. 11. Council Report 12. Adjournment Cit Council �A enda Item No. �a Y g 9MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 28, 2009 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, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Building Official Gary Gilpin, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Clerk Sharon Knutson, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS In relation to agenda item l Ob, Councilmember Lasman suggested discussion at a future meeting on the subject of lobbying for legislation to be more consistent across the board on code requirements for hard-wired smoke detectors on all dwelling types. MISCELLANEOUS Mayor Willson noted that each City Council Member had received a packet of information from Mr. Berg, property owner at 6842 W. River Road. There was discussion on the condition of the property located at 6842 W. River Road. It was noted that the City has been dealing with the property owner regarding the condition of the property on an ongoing basis over a period of years. There was discussion on whether the building permit on the subject property was expired, and whether Mr. Berg was requested by staff to register the property as a vacant property. The majority consensus of the City Council was to direct City Manager Curt Boganey to provide Council with a report after reviewing the above referenced packet of information submitted by Mr. Berg. ouncilmember Lasman stated she received a re uest that Council once a ain consider the C q g number of cars allowed per driveway and/or number of families allowed per single family dwelling. She noted when this was previously discussed, and the Police Department wanted the ar on the books in an a essive wa 0 ortuni to enforce the ordinances that e y PP tY g� 09/28/09 -1- DRAFT The majority consensus of the City Council was to direct staff to present Council with the information most recently provided to Council on the above referenced issue with an update on any changes since the topic was previously discussed, the current number of complaints being received, and information on how the issue is being handled in other communities. Staff will provide Council with any further recommendations. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS PLACEMENT OF SIGNS IN RIGHT OF WAY City Manager Curt Boganey introduced the item and provided the following overview in response to the Council direction to staff when the issue of the placement of signs in right-of- way was previously discussed at a Work Session. Input on the statement that has been made that 3 feet is a safer distance for si�n placement than the current standard: The City Engineer, who is also a trained traffic engineer, strongly disagrees with the notion that allowing signs within three feet of the road surface is in some way safer than having the signs placed away from the street. It is his view that the signs are distracting to drivers and that posting them this close to the roadway makes it more likely that they will wind up in the street and become a potential hazard, as well as a bit of a litter issue and problem. From a staff perspective, placement of the signs 3 feet from the road surface is not in fact safer, but would be less safe. The City Engineer and staff recommend that if signs are allowed to be within the right- of-way they should be at a minimum of 10 feet from the road surface. Assurance from staff that the current ordinance is beine enforced uniformlv: It has been made clear to staff, and staff is in agreement, that any department enforcing the ordinance will be applying a minimum standard of 12 feet from the road surface as a matter of convenience in terms of trying to determine whether a sign is in the right-of-way. Having said that, staff recognizes that 12 feet is not always at the right-of-way. This is discussed in the City Attorney's memo dated September 14, 2009. Mr. Boganey explained that in terms of proactive response to temporaxy signs in the right-of- way, the signs that are addressed on a proactive basis are the signs that are obvious to the enforcement officer to be well within the right-of-way. As a practical matter, the City Engineer believes that a distance of 10 feet from the road surface for sign placement is a reasonable minimum in terms of sight lines and safety and distraction, etc. There are locations where sidewalks could move the distance out to 12 feet from the curb; however, placing signs right up against the sidewalk in terms of public safety is not the right location for signs due to bikers, pedestrians, etc. Staff would recommend a standard that would be a minimum of 10 feet from the road surface and at least 2 feet from the sidewalk toward the private property as reasonable from an enforcement standpoint if the current ordinance were to be amended. There was discussion on utilities, which should not interfere with sign placement due to the depth of the utility location. There was discussion on whether an ordinance amendment would be necessary for enforcement of the above recommended standard for sign placement, or whether Council policy would be sufficient. 09/28/09 -2- DRAFT Mayor Willson stated his support of the current policy and enforcement. It was noted that residents have expressed opposition to a change in the sign ordinance. Mr. Boganey indicated if the ordinance is amended staff recommends including a requirement for dates to be included on temporary signs in order to enfarce the amount of time the signs are lawfully allowed to be at a location. ADJOURNMENT Councilmember Lasman moved and Councilmember Roche seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 09/28/09 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 28, 2009 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, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Warks Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Building OfFcial Gary Gilpin, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Clerk Sharon Knutson, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Others present were City Prosecutor Bill Clelland. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Ms. Jo Roberts, representative of Link Associates located at 5400 France Avenue N, addressed the City Council and stated Link Associates will be relocating out of Brooklyn Center. She stated her support for the City and expressed regret about the relocation. In regards to the issue of garage sale signs currently under discussion, Ms. Roberts suggested that individuals number the signs to assist them in ensuring that all of the signs are removed when their sale is over. The City Council thanked Ms. Roberts for her assistance to the City and wished her well. Ms. Carol Klevin, 5835 Zenith Avenue N, addressed the City Council and stated Brookdale has three signs posted in the median on Brooklyn Boulevard, which are essentially posted illegally, and that there is a big banner about flu shots hanging on the fence at Cub. She stated she would not remove these signs, but they should come down as well as many other signs where the City looks the other way. She stated garage sales are up for three days at the most, usually only for one day. She stated her position that the issue of garage sale signs should include a review of what is being done in other communities. Ms. Roberts encouraged the City Council to resolve the garage sale sign issue. 09/28/09 -1- DRAFT Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION Pastor McKinley Moore of Jehovah Jireh Church located at 6120 Xe�es Avenue N, requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Building Official Gary Gilpin, Assistant City Manager/Director of Building and Community Standazds Vickie Schleuning, City Clerk Sharon Knutson, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Others resent were Ci Prosecutor Bill Clelland. P tY 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Roche moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. September 14, 2009 Study Session 2. September 14, 2009 Regular Session 3. September 14, 2009 Work Session 6b. LICENSES COMMERCIAL KENNEL Paws Inn, LLP 4902 France Ave N 09/28/09 -2- DRAFT MECHANICAL Action Heating and A/C 8140 Arthur St, Spring Lake Park Alta Heating and Plumbing 19260 Mushtown Rd, Prior Lake Comfort Matters Heating Cooling 10981 4�' St NE, Hanover M K Mechanical 23996 Olinda Tr N, Scandia Otsego Heating and A/C 7829 Palmgren Ave NE, Otsego Perfection Heating and Air 1770 Gervais Ave, Maplewood PMR Mechanical, Inc. 13166 Floral Ct, Apple Valley Weld and Sons Plumbing 3410 Kilmer Lane N, Plymouth RENTAL INI7'IAL 1205 63` La N Michael Nwachukwu 2801 66 Ave N Shuang Lin, LLC 6725 Bryan Ave N Vong Duong 5700 Camden Ave N Daniel Gelb 6835 Fremont Pl N Leslie Reynolds 5405 Girard Ave N Jef Mehr 7007 Morgan Ave N Shuang Lin, LLC 7024 Oliver Cir Juliana Koe RENEWAL 2307-09 54�' Ave N Robert Messersmith 5137-39 France Ave N Matthew May 6543 Beard Ave N Janis Salo 6801 Fremont Ave N Olamiyi Kuku 6901 Morgan Ave N Comfort Bropleh 5338 Queen Ave N Robert Messersmith 6c. RESOLUTION NO. 2009-113 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA 6d. RESOLUTION NO. 2009-114 AUTHORIZING THE EXECUTION OF A DELEGATED CONTRACTING PROCESS AGREEMENT FOR THE BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL IMPROVEMENTS PROJECT NO. 2009-1 BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF BROOKLYN CENTER Motion passed unanimously. 09/28/09 -3- DRAFT 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTI N N. 2009-115 EXPRESSING RECOGNITION AND O O APPRECIATION OF SUE RICE FOR HER 21 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER City Manager Curt Boganey stated the purpose of the proposed resolution. He commended 5ue Rice for her service and explained she could not be present tonight. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009-115 Expressing Recognition and Appreciation of Sue Rice for her 21 Years of Dedicated Service to the City of Brooklyn Center. Mayor Willson stated his support of the proposed resolution. Motion passed unanimously. 7b. RESOLUTION NO. 2009-116 EXPRESSING APPRECIATION FOR THE DONATION OF THE STALKER DSR 2X TRAFFIC RADAR RECEIVED FROM THE SAFE SOBER MAY MOBILIZATION DRA.WING Mr. Boganey stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009-116 Expressing Appreciation for the Donation of the Stalker DSR 2X Traffic Radar Received from the Safe Sober May Mobilization Drawing. Motion passed unanimously. 7c. RESOLUTION NO. 2009-117 EXPRESSING APPRECIATION FOR THE DONATION OF AN ALCO SENSOR III PRELIMINARY BREATH TESTER RECEIVED FROM MOTHERS AGAINST DRUNK DRIVING Mr. Boganey stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009-117 Expressing Appreciation for the Donation of an Alco Sensor III Preliminary Breath Tester Received from Mothers Against Drunk Driving. Motion passed unanimously. 8. PUBLIC HEARING 09/28/09 -4- DRAFT ERTAIN DRAINAGE AND UTILITY 8a. ORDINANCE NO. 2009 06 VACATING C EASEMENTS WITHIN THE PLATS OF BROOKLYN CENTER INDUSTRIAL PARK PLAT 2, RICHARDSON ADDITION, RICHARDSON PARK AND RICHARDSON PARK 2ND ADDITION, HENNEPIN COUNTY, MINNESOTA Mr. Boganey introduced the item and discussed the history of the proposed ordinance. Public Works Director/City Engineer Steve Lillehaug provided an overview of the proposed ordinance. Councilmember Yelich moved and Councilmember Lasman seconded to open the Public Hearing. Motion assed unanimousl P Y Mayor Willson called three times for public input. No one appeared to speak. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Roche seconded to adopt ORDINANCE NO. 2009-06 Vacating Certain Drainage and Utility Easements within the Plats of Brooklyn Park and Richardson Park 2 nd h n iti n Richardson Center Industrial Park Plat 2, R.ic ardso Add o, Addition, Hennepin County, Minnesota. It was noted that this develo ment will brin 'obs to the local economy. In addition, the City will P gJ net the full benefit of property t� valuation from this development. The development agreement requires that the property be turned over to a private developer who will own and operate the property on behalf of the federal government for the FBI. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION MAHING FINDINGS OF FACT AND ORDER RELATING TO 4216 LAKEBREEZE AVENUE NORTH Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Mr. Ita Ekah, property owner at 4216 Lakebreeze Avenue North, addressed the City Council and stated he was behind on the water bill because of nonpayment by tenants. On the 11 he paid towards the water bill and was left with $334 to make up. He was informed if he paid before 10:00 on Monday it would be fine. On Monday he called and said he did not have the money and 09/28/09 -5- DRAFT asked if he needed to come to the heaxing. He was told he did not need to attend, and he said he would pay before it got too far. Mr. Ekah stated on the 18�' of this month he went to pay the pena lty o f 5 0 0 t hat he owe d. He was noti f ie d t hen t hat h is license was being revo ke d, w hic h he was not aware of. Mr. Ekah stated he paid the fine of $500 and the $334 balance of the utility bill. This is a four unit apartment. He has been having di�culty with a tenant, and one unit is vacant. Out of the four units, he has only received half of the rent from one tenant for this month, so this payment has been from his own pocket. As of now the payments are current. Mayor Willson requested verification from the City Clerk that back charges on the property have been paid. City Clerk Sharon Knutson stated Mr. Ekah paid his $500 rental penalty payment on September 18, 2009. At that time she talked with him and inquired why he did not appear at the hearing on September 14�', and he informed her he was told he did not need to be at the hearing. She explained to the Council that there were two hearings scheduled, and she believes there was a misunderstanding in that when Mr. Ekah was informed he did not need to be present at the public hearing for the certification of utilities he likely thought he did not need to be at the rental violation hearing. She stated Mr. Ekah promised he would pay the balance. He paid the $334 today to bring the utilities out of certification; however, the entire balance that he was notified of for the September 14, 2009, rental violation hearing was not in certification. As of the September 14, 2009 heaxing, the outstanding unpaid delinquent amount is $111.22. City Attorney Charlie LeFevere recommended to the Ciry Council that the matter be referred back to staff to amend the resolution to reflect that the hearing was reopened at the request of Mr. Ekah and what he testified to tonight. Also, Council should decide whether they wish to change their direction in light of what they heard today. He requested clarification on the language included in the resolution that no application will be accepted until December 28, 2009. He explained there would be some period of time after this 90 day period of time before the license could be issued due to the review process. He advised that the language included in the resolution is appropriate if the intent of Council's direction was that the property owner cannot apply far a license for 90 days; if the intent was that the property owner would not be eligible for reissuance of the license, the language in the resolution should be amended. There was discussion on the rental application process, noting that the normal process for review will be a minimum of 30 days. Councilmember Lasman moved and Councilmember Roche seconded to direct staff to update the resolution adding the pertinent information from tonight's meeting as recommended by the City Attorney. Councilmember Yelich made a friendly amendment to direct staff to amend the language included in the resolution to allow the property owner to proceed with the application process prior to the December 28, 2009 date, with no consideration of the application by the City Council prior to December 28, 2009. The friendly amendment was accepted by Councilmembers Lasman and Roche. 09/28/09 -6- DRAFT Mayor Willson stated his opposition to allowing the property owner to submit an application prior to the 90 day period of time. Councilmember Lasman clarified that the intent of the motion on the floar was that the resolution will not be acted on prior to staff presenting the amended resolution for Council review. The motion and the second on the floor were withdrawn. Councilmember Lasman moved and Mayor Willson seconded to table a Resolution Making Findings of Fact and Order Relating to 4216 Lakebreeze Avenue North to the October 12, 2009, City Council meeting. Mr. LeFevere advised that tabling the proposed resolution provides Council with an opportunity to start this discussion again two weeks from now with a resolution that is unchanged other than the addition of tonight's testimony. There will be two different options presented to Council in relation to the 90 days for application or issuance of the license. Councilmember Roche voted against the same. Motion passed. lOb. RESOLUTION NO. 2009-118 ADDRESSING APPEAL OF CERTAIN RENTAL INPECTION COMPLIANCE ORDERS FOR 5909 JUNE AVENUE NORTH IN BROOKLYN CENTER, MINNESOTA Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Roche moved and Councilmember Yelich seconded to open the hearing. Motion. passed unanimously. City Prosecutor Bill Clelland presented Council with the staff recommendation on rental com liance orders under Cha ter 12 of the Cit Code as it relates to the a ea1 of the Cha ter 12 P P Y PP P Compliance Order submitted by Ms. Janine Atchison, rental property owner of 5909 June Avenue North. Ms. Janine Atchison, property owner of 5909 June Avenue North, addressed the City Council and stated her concerns in relation to the appeal of rental license compliance orders of Chapter 12 of the City Code. Ms. Atchison stated her position that the Ciry has not afforded her due process by providing information related to the compliance order in a timely manner. Mr. LeFevere requested clarification on whether Ms. Atchison is requesting additional time to prepare for the appeal due to her concerns regazding due process. Ms. Atchison replied that she is asking that the City follow rules, and that the City follow the rules for due process. She is not as prepared as she could be, but is willing to tell her side of this tonight. Ms. Atchison outlined the following concerns in regards to the compliance order for 5909 June Avenue North: 09/28/09 -7- DRAFT Inconsistency of the current drafting of City Ordinance Section 5-204( fl requiring hard wired smoke detectors for duplexes in relation to the Minnesota State Building Code. Compliance order for City Ordinance Section 12-402(3) regarding the repair or replacement of improperly maintained refrigerator door gasket. Ms. Atchison stated her position that the subject refrigerator is working fine and has a good seal. She stated the paperwork provided to the Council is incorrect in stating that the gasket is pulling away, and that this has been changed from the original information. There is a crack but the refrigerator is still easily maintaining a temperature of 40 degrees and meets the definition of this code. Ms. Atchison further stated her position that the Housing Inspector has not provided proof that the refrigerator is not working properly, and that this order is going above and beyond what is allowed to be written into City Code. Ms. Atchison stated she fully expects to keep her property in good condition, and it is an asset to the neighborhood. It is an owner-occupied duplex; she lives next door. It is the responsibility of her as a citizen and the City to get together on these things and be consistent and fair. Codes need to be enforced; it is important for them to look at this and say what they should be enfarcing. She requested an opporiunity to respond to any further information provided by Mr. Clelland. Councilmember Ryan stated his position as an individual that has worked in the heating and air conditioning industry, that if the loss of seal is significant, the system will be unable to continue to maintain the temperature over time. Councilmember Lasman suggested that this item could be tabled to obtain information from a refrigerator manufacturer on whether the gasket needs to be repaired in order for the refrigerator to operate effectively. Mr. Clelland stated the issue before the City Council is whether the City can properly require a damaged or defective gasket to be repaired or replaced so that he refrigerator is operating. There are two concepts. One is the refrigerator and the second is the stated purpose. Ms. Atchison is arguing that even if the gasket is broken, if it is not that bad she does not need to fix it. He sta.ted the ordinance requires repair of broken windows. Ms. Atchison would say if the window is broken but it keeps the rain out she does not need to fix it. In fact you do, and tenants need assurance that the refrigerator will be working and not simply holding temperature for one day and failing soon thereafter. Mr. Clelland stated the fact of the Building Official is that the gasket needed repair. There does not seem to be dispute that it is an essential part of a properly working refrigerator. The focus for the Council is whether it is proper interpretation of the ordinance not only that a refrigerator be required, but that it be in good working order. As to due process, Ms. Atchison is educated in this field and was first notified of the violation in June of 2009, and has had more than ample time to respond. Ms. Atchinson stated her position that the inspector has stepped well beyond the ordinance and that the Housing Commission agrees with her assessment. Councilmember Roche moved and Councilmember Ryan seconded to close the hearing. 09/28/09 -8- DR.AFT Motion passed unanimously. Councilmember Lasman stated her osition on tablin the item has chan ed after considering P g g Mr. Clelland's comments regarding defective parts. It was noted that the Housing Inspector is trained, qualified and certified, and there is no reason to believe he would not be able to make a professional judgment regarding the item in question. Mayor Willson moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009-118 Addressing Appeal of Certain Rental Inspection Compliance Orders for 5909 June Avenue North in Brooklyn Center, Minnesota. Motion passed unanimously. lOc. RESOLUTION NO. 2009-119 AUTHORIZING TERMINATION OF EXISTING SUBDIVISION AGREEMENTS (RICHARDSON PARK PLAT 1989 AND RICHARDSON PARK 2ND ADDITION —1990) Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009-119 Authorizing Termination of Existing Subdivision Agreements (Richardson Park Plat —1989 and Richardson Park 2 nd Addition —1990). Motion passed unanimously. lOd. AMEND 2009 CITY COUNCIL MEETING SCHEDULE Mr. Boganey introduced the item, discussed the history, and stated the purpose of the amendment to the 2009 City Council meeting schedule. Councilmember Lasman moved and Councilmember Ryan seconded to amend the 2009 City Council meeting schedule to add October 5, and November 2, 2009, at 6:30 p.m. for Budget Work Sessions with the Financial Commission. Motion passed unanimously. 1L COUNCIL REPORT Councilmember Yelich reported on his attendance at the following events: September 15, 2009, Firehouse Park Neighborhood gathering. September 15, 2009, Park and Recreation Commission Meeting. There was considerable input on the Capital Improvement Program, as well as issues dealing with Evergreen and Firehouse Parks. 09/28/09 -9- DRAFT September 25, 2009, Neighborhood Crime Update Meeting. The City is working with commercial properties in the area to minimize crime opportunities. September 26, 2009 Crime Prevention Program fundraising breakfast at the local Applebee's. Compliments to Kim Winkleman for her exceptional job as a volunteer in that effort. Councilmember Lasman reported on her attendance at the following events: September 15, 2009, Firehouse Park Community Meeting. September 16, 2009, Crime Prevention Program Meeting. September 17, 2009, Special Events Meeting. Discussion centered on the up and coming February 6, 2010, Brooklyn Center 99�' Birthday Celebration at Earle Brown Heritage Center. There will be more updates as the event gets closer. Councilmember Roche re orted on the followin P g Link Associates will be relocating to Robbinsdale. Thank you to Link Associates, and especially Jo Roberts, for their help in the community. Random Act of Kindness nominations are due October 2, 2009. Individuals can call City Hall to nominate a neighbor, entity, or business. There are two more Sundays for the Farmers Market on Bass Lake Road across from the Transit Center. World Studies Annual Celebration at Evergreen Park last Sunday. Evergreen Paxk is open and the elementary school was not cut as part of the school district closings. 80�' Anniversary celebration of the Minnesota Highway Patrol is scheduled for October 14, 2009, at 1:00 p.m. at Earle Brown Heritage Center. Individuals can RSVP at 763-560-6829. The last walking tour of the season at Earle Brown Heritage Center will be this Saturday, October 3, 2009. October 3, 2009, Antiques Road Show at the Crossings in Brooklyn Center located at Dupont Avenue and I694. Councilmember Ryan reported on his attendance at the following events: September 15, 2009, Firehouse Park Neighborhood Meeting. The Council will be reviewing removal of the basketball hoops from Firehouse Park and he would like to hear from the neighbors about this issue. September 25, 2009, neighborhood meeting at Jehovah Jireh Church at 61 and Xe�es Avenues. There has been success recently on reducing disturbances and the need for police calls at 24 hour gas stations and rental properties. He looks forward to the Police Department working with folks in the neighborhood adjacent to the problem rental property and the 24 hour gas station. Mayor Willson reported on his attendance at the following events: September 15, 2009, Firehouse Park Neighborhood Meeting. September 16, 2009, Visit Minneapolis North (VMN) Executive Committee Meeting followed by the Board Meeting. 09/28/09 -10- DRAFT VMN Welcoming Party in the City of Plymouth at the Radisson Hotel with the purpose to extend an invitation to the City of Plymouth and the hoteliers in Plymouth. 12. ADJOURNMENT Councilmember Yelich moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:48 p.m. Motion passed unanimously. 09/28/09 -11- 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 SEPTEMBER 28, 2009 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 10:00 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. PLACEMENT OF SIGNS IN RIGHT OF WAY Discussion continued on the placement of signs in right-of-way. City Manager Curt Boganey advised that if it is decided to proceed with the recommended standard of 10 feet from the road surface and 2 feet from the sidewalk, which is very consistent with how the ordinance is currently being enforced, putting something in writing helps to codify what they are doing and makes it in some ways easier to assure that staff is consistently applying the rules. City Attorney Charlie LeFevere advised on legal issues associated with the setback for the placement of temporary signs. There was discussion on the recommended enforcement standard of a 10 foot setback from the road surface and 2 foot setback from the sidewalk. Council Members stated support of the recommended setback for temporary signage. Mr. Boganey noted the current ordinance restricts sign placement in the right-of-way. He requested counsel from the City Attorney on whether enforcement of the above standard would require an ordinance amendment, or whether interpretation of the standard by the Council through a resolution would be sufficient. Mr. LeFevere advised that if Council policy is less restrictive than the ordinance, the City can decide to allocate staff resources by going after the worst offenders first. Standards cannot be enforced that are more stringent than the ordinance. The majority consensus of the City Council was to direct staff to clarify the language in the Sign Ordinance by establishing a setback for temporary signage of 10 feet from the roadway/2 feet from the sidewalk. 09/28/09 -1- DRAFT RENTAL ORDINANCE AMENDMENTS Assistant Ci Mana er/Director of Buildin and Communit Standards Vickie Schleuning tY g g Y provided a PowerPoint presentation and answered questions of the City Council on proposed Rental Ordinance amendments. The presentation and discussion included the following information: Background/Tentative Scliedule Goals of Renta.l Ordinance Amendments Highlights of Proposed Code Amendment Examples of License Categories Council commended staff on the comprehensive study and the proposed amendments to the rental ordinance. The majority consensus of the City Council was. that Council will provide staff with recommendations and input on the proposed rental ordinance amendments. Mr. Boganey will compile the input and provide it to the full Council for review. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 10:56 p.m. Motion passed unanimously. 09/28/09 -2- DRAFT Ci Council A enda Item No: 6b g COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: October 6, 2998 SUBJECT: Licenses for Council Approval Recommendation: It is recommended that the City Council consider approval of the following list of licenses at its October 12, 2009, meeting. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. COMMERCIAL KENNEL Brooklyn Pet Hospital 4900 and 4902 France Ave N Gentle Touch Animal Sanctuary 4900 France Ave N MECHANICAL Arctic Mechanical LLC 5255 Edinburgh Way, Big Lake P T Mechanical LLC 227 Ash Street West, So St Paul RENTAL See attached report. Rental Licenses for Council Approval on October 12, 2009 InspectorClerkClerkClerkPoliceUtilitiesAssessing DwellingRenewalUnpaidUnpaid OwnerCalls for Service Typeor InitialUtilitiesTaxes 5320 Queen Ave NTwo Family - 1InitialSteven HeinzNone per 12-911 OrdinanceOKOK 2806 65th Ave NSingle FamilyInitialA-Jelil AbdellaNone per 12-911 OrdinanceOKOK 5224 65th Ave NSingle FamilyInitialPavel SakuretsNone per 12-911 OrdinanceOKOK 2813 66th Ave NSingle FamilyInitialSufeng ZhengNone per 12-911 OrdinanceOKOK 3501 66th Ave NSingle FamilyInitialMichael HaaseNone per 12-911 OrdinanceOKOK 4416 69th Ave NSingle FamilyInitialEugene & Diane WrightNone per 12-911 OrdinanceOKOK 6200 Brooklyn BlvdSingle FamilyInitialTuan PhamNone per 12-911 OrdinanceOKOK 6325 Brooklyn BlvdSingle FamilyInitialLien Kim VoNone per 12-911 OrdinanceOKOK 5101 Drew Ave NSingle FamilyInitialJeniffer Njeri KuriaNone per 12-911 OrdinanceOKOK 5214 Drew Ave NSingle FamilyInitialParis & Nicole FaddenNone per 12-911 OrdinanceOKOK 7143 France Ave NSingle FamilyInitialYi LinNone per 12-911 OrdinanceOKOK 5901 Halifax Ave NSingle FamilyInitialSusan BufisNone per 12-911 OrdinanceOKOK 1525 Humboldt Pl NSingle FamilyInitialShoemiller Properties LLCNone per 12-911 OrdinanceOKOK 5201 Winchester LnSingle FamilyInitialYolanda JacksonNone per 12-911 OrdinanceOKOK 833 57th Ave NSingle FamilyRenewalBruce GoldbergNone per 12-911 OrdinanceOKOK 1338 67th Ln NSingle FamilyRenewalNorma Simmonds1 Disturbance per 12-911 OrdinanceOKOK 5706 Camden Ave NSingle FamilyRenewalChristian Restoration ServicesNone per 12-911 OrdinanceOKOK 7219 June Ave NSingle FamilyRenewalChristian Restoration ServicesNone per 12-911 OrdinanceOKOK 6006 Zenith Ave NSingle FamilyRenewalKeith McConnellNone per 12-911 OrdinanceOKOK Ci Council A enda Item No. 6c �Y g i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works DATE: October 6, 2009 SUBJECT: Resolution Authorizing the Execution of a Limited Use Permit for Trail Purposes for the Bass Lake Road Streetscape and Regional Trail Project within State Right-of-Way between the Minnesota Department of Transportation and the City of Brooklyn Center Recommendation: Staff recommends that the City Council approve the Limited Use Permit for trail purposes for the Bass Lake Road Streetscape and Regional Trail Project within State right-of-way between the Minnesota Department of Transportation (Mn/DOT) and the City of Brooklyn Center. Background: Much of the Bass Lake Road Streetscape and Regional Trail Project falls outside of City right-of-way. Most of the improvements fall within County right-of-way and within the easements that the City has and/or is obtaining through acquisition. However, a portion of the easterly 500-ft of the proposed project falls within MnlDOT right-of-way. Once constructed, the streetscape and a portion of the trail improvements included under this project will remain the responsibility of the City. In accordance with Mn/DOT policy, a limited use permit is required to construct, maintain and operate a sidewalk and trial that fall within State right-of-way. The attached limited use pernut outlines the responsibilities of each party. The conditions of the permit are straight forward, standard and complimentary to City practices that are already in place. The permit has been reviewed by the City Attorney. Budget Issues: There are no significant budget issues by this action. Brooklyn Center Industrial Park Plat 2, Richardson Addition, Richardson Park and Richardson Park 2"`�Addition Vacation Ordinance City ofBrooklyn Center Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A LIMITED USE PERMIT FOR THE BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL IMPROVEMENTS PROJECT NO. 2009-18 BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF BROOKLYN CENTER WHEREAS, the City of Brooklyn Center ("City") and the Minnesota Department of Transportation ("Mn/DOT") have been working cooperatively to advance a project to provide streetscape, trail, water quality and general roadway improvements to the Bass Lake Road (County Road 10) corridor from Brooklyn Boulevard to Highway 100; and WHEREAS, the proj ect is multi jurisdictional, involving the Minnesota Department of Transportation, Hennepin County, Three Rivers Park District and the City; and WHEREAS, a portion of the proposed improvements are located within Mn/DOT right-of-way; and WHEREAS, the City and Mn/DOT desire to set forth their various construction maintenance and operation responsibilities for these improvements in a Limited Use Permit, under the provisions of Minnesota Statute, Section 161.434. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Miiulesota, that: 1. The provisions of the Mn/DOT Limited Use Permit No. 2755-0126, between the City of Brooklyn Center and Mn/DOT are hereby accepted and approved, and the Mayor and City Manager are hereby authorized and directed to execute said agreement. RESOLUTION NO. October 12, 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the foilowing voted against the same: whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT FOR NONMOTORIZED RECREATIONAL TRAIL C.S. 2755 City of Brooklyn Center County of Hennepin LUP 2755-0126 In accordance with Minnesota Statutes Section 161.434 and 23 C.F.R. 652 also published as the Federal-Aid Policy Guide, a Limited Use Permit is hereby granted to City of Brooklyn Center, Permittee. This permit is for the purpose of constructing, maintaining and operating a nonmotorized recreational trail, (hereinafter called trail), within the right of way of Trunk Highway No(s). as shown in red on Exhibit "A", which is attached hereto and incorporated herein by reference. This permit is executed by the Permittee pursuant to the attached resolution. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. The construction, maintenance, and supervision of the trail shall be at no expense to the Minnesota Department of Transportation. 2. Before construction of any kind, the plans for such construction shall be approved in writing by the 1lllinnesota Department of Transportation, through the District Engineer. 3. No permanent structure(s) or advertising device(s) in any manner, form or size shall be constructed, placed or permitted to be constructed or placed upon the State of Minnesota right of way. 4. No commercial activity or activities shall be allowed to operate upon said State of Minnesota right of way. 5. Any and all maintenance of the trail, and all facilities a part thereof, shall be provided by the Permittee; this includes, but is not limited to, the plowing and removal of snow, and the installation and removal of regulatory signs. LUP Nonmotorized Recreational Trail Page 1 of 4 LU1001 10/6/2009 6. This permit is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy said right of way. 7. The Permittee shall preserve and protect all utilities located on the lands covered by this permit at no expense to the Minnesota Department of Transportation and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. 8. Any crossings of the trail over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 9. The Permittee shall construct the trail at the location shown in the attached Exhibit "A" subject to verification by the Minnesota Department of Transportation District Engineer that the construction geometrics and procedures result in a trail that is compatible with the safe and efficient operation of the highway facility. 10. Approval from Minnesota Department of Transportation District Engineer shall be required for any changes from the approved plan. 11. Upon completion of the construction of the trail, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. 12. This permit does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. 13. Any use permitted by this permit shall remain subo.rdinate to the right of the Minnesota Department of Transportation to use the property for highway and transportation purposes. This permit does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowf refuge facility that would become subject to Section 4(fl of the Federal-Aid Highway Act of 1968, nor does this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 160.264. 14. This permit shall be subject to cancellation and termination by the Minnesota Department of Transportation, with or without cause, by giving the Permittee 90 days written notice of such intent. Upon said notice of cancellation the trail shall be removed within 90 days by the Permittee. Upon cancel(ation of said permit, or any portion thereof, the Permittee will be required to return and restore the area to a condition satisfactory to the Minnesota Department of Transportation District Engineer. The removal of the trail and the retum and restoration of the area shall be at no cost to the Minnesota Department of Transportation and at the sole expense of the Permittee. LUP Nonmotorized Recreational Trail Page 2 of 4 LU1001 10/612009 15. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no person in the United States, shall on the grounds of race, color, or national origin, be exduded from, or denied use of any trail. 16. The State of Minnesota, through its Commissioner of Transportation, shall retain the right to limit and/or restrict the parking of vehicles and assemblage of trail users on the highway right of way over which this permit is granted, so as to maintain the safety of both the motoring public and trail users. 17. No assignment of this permit is allowed. 18. The Permittee sha{I not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. in the event of spillage ofi regulated materials, the Permittee shall provide for cleanup of the spilled material and of materials contaminated by the I te and local laws and re ulations spillage in accordance with all applicable federa sta g at the sole expense of the Permittee. 19. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns, from liability claims for damages because of bodily injury, death, property damage, sickness, disease, or loss and expense arising from the operations of the trail or from the use of the portion of highway right of way over which this permit is granted. 20. The Permittee shafl hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns from claims arising or resulting from the temporary or permanent termination of trail user rights on any portion of highway right of way over which this permit is granted. 21. The Permittee will hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees from claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages. 22. The Permittee (for itseff, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto; agrees to indemnify and hold harmless the State of Minnesota from all such liens and claims. LUP Nonmotorized Recreational Trail Page 3 of 4 1U1001 10/6/2009 MINNESOTA DEPARTMENT CITY OF BROOKLYN CENTER OF TRANSPORTATION By RECOMMENDED FOR APPROVAL Its And Its By: District Engineer Date APPROVED BY: COMMISSIONER OF TRANSPORTATION By: Director, Office of Land Management Date The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. LUP Nonmotorized Recreational Trail Page 4 of 4 LU1001 10/6/2009 i EXHIBIT A REALMS LUP 2755-0126 i 'i _a �:4 Y i n J ;i i -o ,i LOT 2,; BLOC1� 2 �o B R 0 Q- K D A E S Q U A R E J� 0] I W Q V U i: W x' J i i �Z r:. d..��_. ..s i —a.. p ti.n+L!- -i�- BASS L.4KE ROAD V e R �n N .r�:- J v:� t �..s. '`"--r �<�am: i;s a:::...,:. A 1 r j :NW Cd2 NE I/1 SW 1/7—SE C:� ,.�.Y C� 5 TRACT B R.L.S. N0. 1614 �0� 4" TRACT A i. R. L: S. N0. 1430�� N s TRACT .A a S .;L.S. N0. 1614 ,a ICI7Y NO. 2009-18 S.P.109-020-12 DESIGNEN� *«�a*� ox zooc r�r on on nc�s o. ��«s oR ��'M� o�n c.�s"urcn` s�ou :�`�wa`° smnenwn H.�ana+a�, i�. BA55 LAKE ROAD STREETSCAPE flE N0. �ONI/M�wiwG Ma p C00.PC9vOW1110 COWUTE bEU pµrWLKENSED v 5 0 E S D� uiwE501�R OFR ewxsw.roe�mi� q91]9 4 er�[e�co en ocscwon.s�+.e rKes .n�rou e.rncss r cr. cor,sew� s a s�ih �+oc AND REGIONAL TRAIL ar XM. R rrtoMniEO. 5[n 9nwl rwl K NFSPOUS�eI[ IOn i00NOM6��5tree1 pAtE MPROVED BY�J�-^ u�'i UuMITH�NiI[0 use ae �usc or ncsc w. as. ae oo�.: we ro. soo> SEH �""eenaie, IMPROVEMEN�T� 4 a DES�CH iEMA u0.� Bv D�IE REw5iM15 I �WAGCS PE50.TWG TvEPEIROM. Ju�lin M. Gese. F.L Liceme No. IJ3B] 612.15B.Bt00�03 O)/30i09 I I aannw�y�u� Ci Council Agenda Item No. 7a �Y COUNCIL ITEM MEMORANDUM To: Curt Boganey, City Manager From: Scott Bechthold, Chief of Police Date: October 6, 2009 Subject: Recognition for Retiring Officer Clark Messenbrink Recommendation: It is recommended that the Council resolve to recognize Officer Clark Messenbrink for over twenty-nine years of his service to the City of Brooklyn Center. Background: Attached please find a City Council resolution expressing appreciation to Officer Clark Messenbrink who will be retiring effective October 6, 2009, after over 29 years of dedicated service to the City of Brooklyn Center. Budget Issues: None involved. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF OFFICER CLARK MESSENBRINK WHEREAS, Officer Clark Messenbrink was hired as a police officer by the City of Brooklyn Center Police Department, on April 8, 1980; and WHEREAS, Officer Messenbrink has held numerous assignments as an officer within the department to include DARE officer and canine handler; and WHEREAS, Officer Messenbrink has served with the Emergency Operations Unit for 25 years. His last years of service to the unit was in the role of Assistant Team Leader; and WHEREAS, Officer Messenbrink has received numerous commendations for outstanding police work; and WHEREAS, Officer Messenbrink has received letters of thanks from numerous citizens for assistance that he has rendered; and WHEREAS his dedicated ublic service and civic effort for the betterment of the P community merit gratitude of the citizens of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, upon the recommendation of the City Manager, that the dedicated public service of Officer Claxk Messenbrink is hereby recognized and appreciated by the City of Brooklyn Center. October 12, 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7b COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Mana.ger FROM: Steve Lillehaug, Director of Public Works DATE: October 6, 2009 SUBJECT: Resolution Expressing Recognition and Appreciation of Darrell D. Meehan for Over 28 Years of Dedicated Service to the City of Brooklyn Center Recommendation: Staff recommends that the City Council adopts the attached resolution expressing recognition and appreciation of Darrell Meehan for his dedicated service to the City of Brooklyn Center. Background: Darrell began his employment with the Brooklyn Center Public Works Department in February of 1981. He will be retiring on October 30, 2009, after more than 28 years of dedicated service to the City of Brooklyn Center. The attached resolution is in appreciation of the many years of committed service that Darrell provided to the City. Budget Issues: None Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGI�IITION AND APPRECIATION OF DARRELL D. MEEHAN FOR OVER 28 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Darrell Meehan joined the Brooklyn Center Public Works Department as a member of the Streets Division on the ninth day of February, 1981, and served until his retirement on October 30, 2009; and WHEREAS, Darrell provided years of dedicated service to the City of Brooklyn Center, which included performing street maintenance tasks and responding to numerous emergency issues during nights and weekends; and WHEREAS, Darrell spent over twenty-eight years operating light and heavy equipment; performed snow and ice removal operations; welded and fabricated metalwork proj ects; and was a key staff inember that maintained the city storm water system, all while consistently demonstrating good judgment with a high level of competency; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the professionalism with which Darrell Meehan discharged his duties and made a positive impact on the community of Brooklyn Center; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon the recommendation of the City Manager, that the dedicated i of Brookl public service of Darrell Meehan is hereby recogmzed and appreciated by the C ty yn Center. October 12. 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: i whereupon said resolution was declared duly passed and adopted. City Council Agenda �tem No. 7c 4 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: October 1, 2009 SUBJECT: Resolution Ex ressin Reco ition and A reciation of Christine Eaton for Her P g Pp Human Services Council e m Dedicated Public Service on the Northwest Henn p Advisory Commission Recommendation: It is recommended that the City Council consider adoption of Resolution Expressing Recognition and Appreciation of Christine Eaton for Her Dedicated Public Service on the Northwest Hennepin Human Services Council Advisory Commission. Background: Christine Eaton served on the Northwest Hennepin Human Services Council Advisory Commission from January 14, 2008, through Apri130, 2009. Mayor Willson has requested that residents be recognized for their service on commissions by Council Resolution. Bud et Issues: g There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGrtITION AND APPRECIATION OF CHRISTINE EATON FOR HER DEDICATED PUBLIC SERVICE ON THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION WHEREAS, Christine Eaton served on the Northwest Hennepin Human Services ri130 2009• and Council. Advisory Commission from January 14, 2008, through Ap w st s as a member of the North e WHEREAS she has made si ificant contribuhon Hennepin Human Services Council Advisory Commission, including identifying and prioritizing the human services needs of the community and how these needs can best be met; and WHEREAS, her leadership and expertise have been greatly appreciated by the Northwest Hennepin Human Services Council Advisory Commission; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Christine Eaton is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service she has rendered to the citizens of Brooklyn Center. October 12, 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7d COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: October l, 2009 SUBJECT: Resolution Expressing Recognition and Appreciation of Julie Gillis for Her Dedicated Public Service on the Northwest Hennepin Human Services Council Advisory Commission Recommendation: It is recommended that the City Council consider adoption of Resolution Expressing Recognition and Appreciation of Julie Gillis for Her Dedicated Public Service on the Northwest Hennepin Human Services Council Advisory Commission. Background: Julie Gillis served on the Northwest Hennepin Human Services Council Advisory Commission from December 8, 2008, through September 30, 2009. Mayor Willson has requested that residents be recognized for their service on commissions by Council Resolution. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JULIE GILLIS FOR HER DEDICATED PUBLIC SERVICE ON THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION WHEREAS, Julie Gillis served on the Northwest Hennepin Human Services Council. Advisory Commission from December 8, 2008, through September 30, 2009; and WHEREAS, she has made significant contributions as a member of the Northwest Hennepin Human Services Council Advisory Commission, including identifying and prioritizing the human services needs of the community and how these needs can best be met; and WHEREAS, her leadership and expertise have been greatly appreciated by the Northwest Hennepin Human Services Council Advisory Commission; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Julie Gillis is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service she has rendered to the citizens of Brooklyn Center. October 12. 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. l0a i i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: October 2, 2009 SUBJECT: Resolution Making Findings of Fact and Order Relating to 4216 Lakebreeze Avenue North Recommendation: It is recommended that the City Council consider adoption of Resolution Making Findings of Fact and Order Relating to 4216 Lakebreeze Avenue North. There are two Alternates for the Council to consider. The draft resolutions are identical except for the first paragraph of the Order. In Alternate #1, the Council will not consider an application until after December 28, 2009, but application could be made before that date. In Alternate #2, no application for a new license will be accepted by the City until December 28, 2009. This would mean that Ita Ekah could not get a license for several weeks or months after December 28, 2009, because some time would be required to process the application. One other item for the Council to consider is the 90-day period. The draft resolution as presented at the last Council meeting indicated 90 days from the September 28, 2009, meeting date, which was December 28, 2009. Does the Council wish to amend the resolution so the 90- day period reflects 90 days from October 12, 2009, which would then be January 12, 2010? Background: At its September 28, 2009, meeting, the City Council reopened the rental license hearing for Ita Ekah for property located at 4216 Lakebreeze Avenue North (a four-unit apartment complex) and additional testimony was received from the licensee and City staff. In light of this new testimony, the City Council tabled the resolution to the October 12, 2009, meeting, and directed staff to prepare a resolution updating findings of fact and order to revoke for 90 days the rental dwelling license issued to Ita Ekah for 4216 Lakebreeze Avenue North. The City Attorney has prepared two draft resolutions for Council consideration. Budget Issues: There are no budget issues to consider. ALTERNATE #1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION MAKING FINDINGS OF FACT AND ORDER RELATING TO 4216 LAKEBREEZE AVENUE NORTH A hearing was held by the Brooklyn Center City Council on 14th day of September, 2009, at 7:00 p.m. at the Brooklyn Center City Hall on the matter of the rental license of Ita Ekah for 4216 Lakebreeze Avenue North, pursuant to Sections 12-901 and 12-910 of the Brooklyn Center City Code. City staff, presenting the alleged violations, was represented by William G. Clelland, Esq., Carson, Clelland Schreder, Brooklyn Center, Minnesota. The licensee, Ita Ekah, did not appeax. At the request of the licensee, the hearing was reopened on September 28, 2009, and additional testimony was received from the licensee and City staff. Having heard and duly considered the evidence presented at the hearing and the arguments of counsel and having given due regard to the frequency and seriousness of the violation, the ease with which the violation could have been cured or avoided and good faith efforts to comply, the Council makes the following FINDINGS OF FACT and ORDER: FINDINGS OF FACT 1. Ita Ekah is the holder of a regular rental license for property located at 4216 Lakebreeze Avenue North. 2. City Code Section 12-901, paragraph 4, provides that at all times during the term of a rental license, the licensee shall be current in payments of taxes, utilities and assessments. 3. Notice of this proposed license action was mailed to Ita Ekah at his stated address of 7704 Tessman Drive, Brooklyn Paxk, Minnesota 55445 by both certified mail and U.S. mail. Notice was also given to Ekah personally by the City Prosecuting Attorney as he attended court on August 26, 2009, appearing upon a charge of renting without a license. 4. Received in evidence was a copy of the rental license application, the notice of proposed license action and the letter serving the notice and the certified mail receipt. 5. The City Clerk testified that as of the date and time of the hearing on September 14, 2009, the utilities were still not paid and utility payments in the amount of $455.22 were unpaid and delinquent. Following the hearing on the 14�', the licensee made a partial payment. However, as of the time and date of the reopened hearing on September 28, 2009, there was still an outstanding amount due of $111.22. RESOLUTION NO. BASED UPON SAID FINDINGS, the City Council now makes the following ORDER 1. The rental housing license held by Ita Ekah for the rental dwelling at 4216 Lakebreeze Avenue North is hereby revoked. No application for a new license shall be granted unless all payments are current in accordance with City Code, Section 12-901, paragraph 4. No application for a new license will be considered by the City Council until December 28, 2009. 2. This revocation applies to all parts of 4216 Lakebreeze Avenue North. 3. Revocation shall be effective on and from October 12, 2009. 4. The City Clerk is directed to mail a copy of the Resolution to the licensee. 5. The licensee is advised that Brooklyn Center City Ordinances, Section 12- 910, paragraph 9, prohibits the reletting, rental or occupancy of rental units that are vacant at the time of revocation and/or that become vacant during the period of revocation and until the licensee has a valid rental license. 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 the terms of the City Code, Chapter 12 during the term of the revocation is a misdemeanor and grounds for a decision not to issue a new license. By Order of the City Council of the City of Brooklyn Center this 12 day of October, 2009. October 12, 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ALTERNATE #2 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION MAKING FINDINGS OF FACT AND ORDER RELATING TO 4216 LAKEBREEZE AVENUE NORTH A hearing was held by the Brooklyn Center City Council on 14th day of September, 2009, at 7:00 p.m. at the Brooklyn Center City Hall on the matter of the rental license of Ita Ekah for 4216 Lakebreeze Avenue North, pursuant to Sections 12-941 and 12-910 of the Brooklyn Center City Code. City staff, presenting the alleged violations, was represented by William G. Clelland, Esq., Carson, Clelland Schreder, Brooklyn Center, Minnesota. The licensee, Ita Ekah, did not appear. At the request of the licensee, the hearing was reopened on September 28, 2009, and additional testimony was received from the licensee and City staff. Having heard and duly considered the evidence presented at the hearing and the arguments of counsel and having given due regard to the frequency and seriousness of the violation, the ease with which the violation could have been cured or avoided and good faith efforts to comply, the Council makes the following FINDINGS OF FACT and ORDER: INGS OF FACT FIND 1. Ita Ekah is the holder of a regular rental license for property located at 4216 Lakebreeze Avenue North. 2. City Code Section 12-901, paragraph 4, provides that at all times during the term of a rental license, the licensee shall be current in payments of taxes, utilities and assessments. 3. Notice of this proposed license action was mailed to Ita Ekah at his stated address of 7704 Tessman Drive, Brooklyn Park, Minnesota 55445 by both certified mail and U.S. mail. Notice was also given to Ekah personally by the City Prosecuting Attorney as he attended court on August 26, 2009, appearing upon a charge of renting without a license. 4. Received in evidence was a copy of the rental license application, the notice of proposed license action and the letter serving the notice and the certified mail receipt. 5. The City Clerk testified that as of the date and time of the hearing on September 14, 2009, the utilities were still not paid and utility payments in the amount of $455.22 were unpaid and delinquent. Following the hearing on the 14�', the licensee made a partial payment. However, as of the time and date of the reopened hearing on September 28, 2009, there was still an outstanding amount due of $111.22. RESOLUTION NO. BASED UPON SAID FINDINGS, the City Council now makes the following ORDER 1. The rental housing license held by Ita Ekah for the rental dwelling at 4216 Lakebreeze Avenue North is hereby revoked. No application for a new license shall be granted unless all payments are current in accordance with City Code, Section 12-901, paragraph 4. No application for a new license will be accepted by the City until December 28, 2009. 2. This revocation applies to all parts of 4216 Lakebreeze Avenue North. 3. Revocation shall be effective on and from October 12, 2009. 4. The City Clerk is directed to mail a copy of the Resolution to the licensee. 5. The licensee is advised that Brooklyn Center City Ordinances, Section 12- 910, paragraph 9, prohibits the reletting, rental or occupancy of rental units that are vacant at the time of revocation andJor that become vacant during the period of revocation and until the licensee has a valid rental license. 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 lon as an units in the facility are occupied. g Y Failure to comply with all the terms of the City Code, Chapter 12 during the term of the revocation is a misdemeanor and grounds for a decision not to issue a new license. By Order of the City Council of the City of Brooklyn Center this 12 day of October, 2009. October 12, 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the followin voted a ainst the same: g g whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. lOb i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works S`�'S' DATE: October 6, 2009 SUBJECT: Resolution Authorizing the Execution of a Construction Cooperative Agreement for the Bass Lake Road Streetscape and Regional Trail Improvements Project No. 2009-18 between Hennepin County and the City of Brooklyn Center Recommendation: Staff recommends that the City Council approve the Construction Cooperative Agreement for the Bass Lake Road Streetscape and Regional Trail Project between Hennepin County and the City of Brooklyn Center. Background: Throughout the project development and planning stages, funding scenarios have been presented that include the County and Three Rivers Park District. Currently, funding participation pertaining to Hennepin County is being solidified. Hennepin County has prepared a Construction Cooperative Agreement that details the construction and cost responsibilities of each party. The agreement specifies that the County will contribute up to $798,500 to help fund the City's project as part of the County's Roadside Enhancement Partnership Program, Bike/Trail Program and County State Aid Program. Additionally, the County has indicated that they will mill and overlay the bituminous pavement on the County road and install new guardrail within the project corridor separately from this project in 2010. The agreement has been reviewed by the City Attorney. Budget Issues: Project costs and revenues are anticipated as indicated in the attached resolution. Delegated Contracting Process Agreement Hennepin County and City of Brooklyn Center Bass Lake Road/Regional Trail Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF A CONSTRUCTION COOPERATIVE AGREEMENT FOR THE BASS LAKE ROAD STREETSCAPE AND REGIONAL TR�II, IlVIPROVEMENTS PROJECT NO. 2009-18 BETWEEN HENNEPIN COUNTY AND THE CITY OF BROOKLYN CENTER WHEREAS, the City of Brooklyn Center ("Cit�') and Hennepin County ("Count�') have been working cooperatively to advance the project to provide streetscape, trail, water quality and general roadway improvements to the Bass Lake Road (County Road 10) corridor from Brooklyn Boulevard to Highway 100; and WHEREAS, the Proj ect is multi jurisdictional, involving the Minnesota Department of Transportation, Hennepin County, Three Rivers Pazk District and the City; and WHEREAS, federal economic stimulus funding under the America Recovery and Reinveshnent Act (ARRA) of 2009 has been awarded to the City in the amount of $2,000,000 to construct said improvements; and WHEREAS the Ci intends to a for the Pro'ect with ARRA funding, County tY P Y J funding, Three Rivers Park District funding and City funding to be determined; and WHEREAS, the proj ect bid letting is scheduled for November/December of 2009 and construction to commence spring 2010; and WHEREAS, the City and Hennepin County desire to set forth their various construction responsibilities in an agreement under the provisions of Minnesota Statute, Section 471.59. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The provisions of the Hennepin County Agreement No. PW 46-02-09, a Construction Cooperative Agreement between the City of Brooklyn Center and Hennepin County are hereby accepted and approved, and the Mayor and City Manager are hereby authorized and directed to execute said agreement. i RESOLUTION NO. 2. The project costs and funding sources are hereby established as follows: Estimated Exnenditures Amount Improvements $3,999,000 Signal Controller (County provided) 25,000 Xcel Energy Relocation OH to UG 35,000 Easements 21,000 Engineering/Administration/Legal (18%) 720,000 Contineencv (5.0%1 240.000 Total Costs $5,040,000 Estimated Fundin� Amount p�R��, $2,000,000 Hennepin County 798,500 Three Rivers Park District (pending) 434,000 Citv Sources $1,807.500 Total Revenues $5,040,000 October 12. 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Agreement No. PW 46 02-09 County Project No. 0929 County 5tate Aid Highway No.10 City of Brooklyn Center County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, Made and entered into this day of 20 by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Brooklyn Center, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the County and the City have been negotiating to bring about the improvement of e Road between CSAH 152 (Brooklyn County State Aid Highway No. {CSAH) 10 (Bass Lak o. Coun Boulevard) and Trunk Highway 100, as shown on the pians for Ciry Project N tY in r referred to as the "Pro'ect"; and Pro'ect No. fl924• State Pro'ect No. 27-610-028 here afte J J s of the Ci and WHEREAS, the above described Project lies v�nthin the corporate hmrt ty, WHEREAS, the Project will inciude landscape/streetscape improvements along CSAH 10, street lighting, pedestrian/bicycle trail, and geometrie and signal improvements to the intersection of CSAH 101Northway Drive; and WHEREAS, the Ciry or its agents shall be responsible to develop the plans and specifications far the Project; and WHEREAS, the City has requested that the County approve said plans and specifications; and rove said lans and s ecifications; WHEREAS, the County has mdicated rts willingness to app p P and WHEREAS the Ci shall be res onsible far administering construction of the Project and has tY P ers nnel available to erform the�construction stakin testing, inspection and development adequate p o p g of as-built plans required on the Projeet; and VVHEREAS, the City or its agent has prepared an estimate for the Project in the amount of Four Million Two Hundred Fifty One Thousand Dollars and No Cents ($4,251,000.40}; and WHEREAS, the Project is eligible for cost participation under Hennepin County's bikeway cost participation policy; and 1 Agreement No. PW 46-02-09 CSAH 10, C.P. 0929 WHEREAS, the Praject is eligible for cost participation under Hennepin County's Roadside Enhancement Partnership Program (REPP); and WHEREAS, the Couniy will pazticipate in costs of the proposed geometric and traffic signal improvements to the intersection of CSAH 1 U/Northway Drive; and WHEREAS, the County witti its own forces will mill and overlay, and stripe CSAH 10 between CSAH 152 and TH 1 U0, and replace guardrail as required; and VV�IEREAS, to ensure compatibility with the County.'s existing network of traffic cflntral signal systems the County will furnish the controller, control equipment, control cabinet and video detection equipment to be installed at the intersection of CSAH 10 and Northway Drive; and WIiEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivisian 1 and Sectivn 471.59. NOW THEREFORE, IT IS HEREBY AGREED: I The City or its agents shall prepare the necessary plans, specifications, and proposal; obtain approval of said plans and specifications from the Count} advertise for bids for the work and construction, receive and open bids pursuant to saad advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder; administer the contract; and perform the required engineering and inspection; all in accozdance with said ptans and specifications. II Prior to beginning construction, the City s11a11 furnish the County with iwa (2) complete sets of County approved plans arid specifications for said Project. Upon completion of the Project, the City or its agents shall fiunish the County with a complete set of as-built plans certified as to their accuracy by thc City's Pmject Engineer. Said as-designed plans, specifications and as-built plans for the Project sha11 be furnished by the City at no cost to the County. III The City or its agents shall administer the construction contract and perform all required engineering, inspection and testing. All construction and materials sampling and testing for the Project shall be accomplished iri accordance with all applicable standards and requirements of the Minnesota 2 ti� Agreement No. PW 46-02-09 CSAH 10, C.P. 0924 Department of Transportation's (Mn/DOT} State Aid for Local Transportatian Division in effect at the time af Contract award. The contract shall include the plans and specifications prepared by the City or its agenfs and approved by the County. Said plans and specifications shall conform with the "RECOMMENDED URBAN LANDSCAPE/STREETSCAPE GUIDELINES WITHIN HENNEPIN COUNTY RIGHT OF WAY" attached hereto, marked Exhibit "A", which by this reference, is made a part hereof. The City shall also obtain, and comply with, any and all permits and approvals recauired from other govemmental or regulatory agencies to accomptish ttie Project. Said permits and approvals shall be obtained prior to the stari of any construction and made available to the County upon request. IV The construction of this Project shall be under the supervision and direction af the City Engineer. All work for the Project shall be completed in compliance with the plans and specifications. The County Engineer and representative staff sha11 have the right, as the work progresses, to enter upon the premise5 to make any inspections deemed necessary anci shall caoperate with the City Engineer and staff at their reyuest to the extent necessary. The County agrees that the City may maice changes in the above referenced approved plans or m the character of said contract construction which are reasonably necessary to cause said construction ta be in a11 things performed and completed in a satisfactory manner. It is fiu�ther agreed by the County that the City may enter into any change orders or supplemental agreements with the City's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. The City shall obtain the approval ofthe County Engineer or designated representative on said change orders or supplemental agreements. The County will respond to the City's request for approvals within seven (7) calendar days. V The City or its agents shall acquire all additional right of way, permits and/or easements required for the censtruction of said Project, at no cost to the County. Upan completion of this Project, all permanent right of way acquired for CSAH 10 as provided herein shall be conveyed to the Caunty by the City with no consideration required. VT The County, thmugh its Roadside Enhancement Partnership Program (REPP), will participate in a proportionate shaze of the contracted cottstruction costs for the landscaping and streetscaping included in the Projec� Said reimbursement shall be equal to thirty tlu'ee percent. (33%) of the costs to 3 A eement No. PW 46-02-44 CSAH 14, C.P. 0929 install said landscaping and sfireetscaping up ta m�imum of $200,400.Q0 per centerline mile. For informational purposes only the County's estimated share of the contracted canstruction costs to install the landsca.ping and streetscaping included in the Project is $24$,79 1.50. Also the County, through its Roadside Enhancement Partnership Program, will participate in a proportionate share of the contracted construction costs for the installation of the street lighting included in the Project. Said reimbursement shall be equal to fifty percent (50%) of the costs to install said street lighting. For informational purposes only the County's estimated share of the contracted construction costs to install the streetlighting included in the Project is $261,787.00. As previously referenced, the Project is eligible for cost participation under Hennepin County's bikeway cost participation policy. Said reimbursement shall be equal to fifty percent (50%) of contracted construction costs to construct a pedestrian/bicycle trail along the south side of CSAH 10 from Shingle Creek Parkway to Trunk Highway 100 within the limits af the Project. For informational purposes only the Caunty's estinnated shaze of the contracted construction costs to construct said pedestrian/bicycle trail is $41,816.21. The County shall reimburse the City for its share of the contra.cted construction costs for remova3 of the free rights and pork chop islands at the intersection of ESAH 1 UlNorthway Dzive. The amount of said reimbursement shall be equal to twenty five percent (25%) af the contracted costs for said removal of the free rights and pork chop islands at the intersection of CSAH l O/Northway Drive. For infarmational purposes only, the County's estimated share af the construction contract costs to remove the free rights and pork chop islands is $50,788.38. Also, the County shal! reimburse the Ciiy for its share of the contracted constructian costs to install a new traffic control signal system the intersection of CSAH 10/Northway Drive. The amount of said reimbursement sha11 be equal to fifly percent (SU%) af the cantracted costs for said new traffic control signal system. Far informational purposes only, the County's estimated share of the construction contract costs to construct a new traffic control signal system is $107,646.b7. The County's praportionate shares of the various contracted construction costs associated with said Project have been identified in the previous pazagraphs. The estimated amount that the County is to pay the City for the contracted construction costs included in the Project is $710,834.48. It is understood and agreed that said payment amounts are estimates and that the actual payment amounts shall be based on actual costs and contract unit prices, as specified�elsewhere throughout this Agreement. It is fiuther understood and agreed by the City that the County's total share of the construction contract costs for the Project shall not exceed Seven Hundred Ninety Eight Thousand Five Hundred Dollars and No Cents ($798,500.00) without an amendment to this Agreement. VII After an award by the City to the successful bidder on the Project, the City shall invoice the County for ninety five percent (45%) of its estimated share of the contract consiruction costs for the -4- A eement No. PW 46-U2-09 CSAH 10, C.P. 0929 Project. Fayment shall be made to the City by the County for the full amount due as stated on the invoice within forty five (45} days of the invoice date. Said estimated share and invoice shall be based on actual contract unit prices applied to the estimated quantities shown in the plans, and shall be subject to the limitation set forth herein. The remainder of County's share in the contract construction costs will be due the City upon the completion of the Project and submittal of the City Engineer's final estimate for the Project to the County. Upon final payment to the Contractor by the City, any amount remaining as a balance in the deposit account will be retumed to the County on a proportionate basis based on the County's uritial deposit amount and its respective final proportionate shares of the Project costs. Likewise, any amount due the City from the County upon final payment by the City shall be paid by the County as its respective final payment for the construction casts of said Project within farty five (45) days of receipt of an invoice fram the City. All engineezing costs on the Project shali be the responsibility of the City; there shall be no cost to the County for engineering. �II It is understood by the City that the County will supply traffic signal cabinet, controllers, video dctection equipment, and control equipment, including the emergency vehicle preemption (EVP) cards, (County Supptied Equipmentj for the traffic control signal to be installed at the intersection of CSAH 10 and Northway Drive. The City shall reimburse the County for Fifly (50) percent of the costs of the Caunty Supplied Equipment to be installed at the intersection of CSAH 10 and Northway Drive. It is estimated that the cost for the County Supplied Equipment will be$45,000. It is further agreed that said estimate of the costs of County Supplied Equipment is an estimate and that the actual costs of equipment as deterrnined by the County Engineer shall govern in computing the total final apportionment of cost participation by the City in the County Supplied Equigment. The Caunty will invaice the City for said Counfiy Supplied Equipment costs. The City shall natify the County's Signal Shop Supervisor two (2) weeks in advance of need of the County Supplied Equipment. The County shall notify the City when the County St�pplied ui ment is read to be icked u for field installation. It shall be the responsibility of the City or its �1 P Y P P D artment of n t ick u the Coun Su lied ui ment at the Hennepin County ep a e ts o tY pp �1 P g P P Transportation, Public Works Facility in Medina, Minnesota and install said equipment on the Pro}ect. The City shall notify the County a minimum of one (1) week grior to the date of any traffic signal twn on (energizing). The County's Traffic Operations Engineer or his designated representative must be present at the time any traffic signal systems are turned on. Agreement No. PW 46-42-09 CSAH I4, C.P. 0929 T1ie County hereby reserves the right to perform final inspection of the traffic control signal system at the time of energizing and also the right to require any modifications prior to approving the system for operation. No traffic control signal system may be placed in operation without approval of the installed system by the. County. It is further understood and agreed by the parties that the County will supply sign collars for installation by the City or its contractor at no cost to the City. It is understood by the parties hereto, that the County with its own forces will mill and overlay, and stripe CSAH 10 within the limits of the Project at an estimated cost to the County of $416,000.00. It is further understood that the County with its awn forces will replace guardrail as needed within the limits of the Project at an estimated cost to the County of $24,000.00. For informational purposes only, the County's total estimated cost for work by its own forces as identified in the pzevious paragraphs is Four Hundred Forty Thousand Dollars and No Cents ($44o,4oaoa). X All payments to the City must be postrnarked by the date due or a late penalty of one (1) percent per month, or fractian thereof, on the unpaid balasice will be charged to the County. The County shall pay the amount due as stated an the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor oF the County, the City shall reimburse the disputed amount plt�s daily interest therean calculated from the date such disputed amount was received by the City. Daily e te f one 1% rcent r month an the disputed amount. interest shall be at th ra o pe 1� All payments to the County must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be chazged to the Ciry. The City shall pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the City, the County shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the County. Daily interest shall be at the rate of one 1%) percent per month on the disputed amount. XI Upon completion of the Project, the County shall thereafter m.aintain and repair the traffic control signal system instailed as a part of the Project, all at the sole cost and expense of the County. Said maintenance shall include all EVP components. Further, the County, at its expense, shall maintain 110-volt power to the line side of the fuse in the base of the signal goles for the integral -6- 46-02-09 Agreement No. PW CSAH 14, C.P. 0929 streetlights. The City, at its expense, shall maintairi the fuse, the luminary and the wire to the toad side of the fuse in the base of the signal poles. Notwithstanding the maintenance responsibilities of the County as specified in the previous� pazagraph, it is undezstood and agreed that upon completion of the Project all other improvements included in the Project shall not be the property of the County and all maintenance, restoration, repair, replacement or other work ar services required thereafter shall be the responsibility of City and sha.il be performed a# no expense ta the County. XII The City shall install, cause the installation of, or perpetuate the existence of an adequate three wire, 120/240 volt, single phase, alternating current electricai power connection to the tx�c control signal system and integral street lights included in the Pzoject. Further, the Ciry shall provide the electrical energy for the operation of the said traffic control signal system and integral streetlights. The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid temporary traffic conirol signal, however, nothing herein shall prohibit prompt, prudent action by properly constituted authorities in situations where a part af such traf�c control signals may be d'uectly involved in an emergency. The EVF Systems provided for herein sha11 be installed, operated, maintained or removed in accordance with the following condi#ions and requirements: 1. Emiiter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.Oi, Subdivision 5 and 169.03. The City will provide the County Engineer or his designated representadve a list of a11 such vehicles with emitter units. 2. Malfunctions of EVP Systems shall be reported to the County immediately. 3. In the event sa.id EVP Systems or components are, in the opinion of the County, being nusused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereaf from the County, the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrazed detector heads, indicator lamps and all other components shall be�ome the property of the County. 4. All timing of said EVP Systems shatl be deternuned by the County. XIII All records kept by the City and the County with respect to the Project shall be subject to examination by the representatives of each parly hereta 7 Agreement No. PW 46-02-09 CSAH 10, C.P. 0929 XYV Each party agrees that it will be responsible for its own acts and the results thereaf, to the extent authorizeci by the law, and shall not be responsible for the acts of the other party and the results thereof.� The County's and the City's liability is governed by the provisions of Iv�innesota Statutes, Chapter 466. The Cau.nty and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. XV The City agrees to defend, indemnify and hold hazmless the County, its officials, offcers, agents, volunteers and employees, from any Iiabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City, its cantractors, anyone directly or indirectly emptoyed by them, and/or anyone for whose acts and/or omissions they may be liable for related to the ownership, maintenance, existence, restoration, repair or replacement of the afore defined City owned improvements constructed as part of the Project. The City's liability shall be govemed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. The County agrees to defend, indemnify, and hold hatmless the City, its of�icials, officers, agents, volunteers, and employees from any liability, claims, causes of action, jndgments, damages, losses, costs, or expenses, including reasonable attorneys' fees, resulting directly or ind'uectly from any act or amission of the County, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the ownership, maintenance, existence, restoration, repair or replacement of the afore defined County owned improvements constructed as part of the Project. The County's liability shali be governed by the provisions of Minnesata Statutes, Chapter 4b6 or other applicable law. XVI The City also agrees that any contract let by the City or its agents for the performance of the work on County State Aid Highway No. 10 as provided herein shall include clauses that will: 1) Require the Contractor to defend, indemnify, and hold the County, its officials, officers, agents and employees harniless froin any liability, causes of actioq judgments, darnages, losses, costs or expenses including, without limitation, reasanable attorneys' fees, arising out of or by reason of the acts and/or omissions of the said Contractor, its officers, employees, agents or subcontractors; 2) Require the Contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement; and 3) Require the Contractor to provide and maintain insurance in accordance with the following: -8- Agreement No. PW 46-02-09 CSAH lU, C.P. 0929 1. Commercial General Liability on an occurrence �basis with Contractual Liability and Explosion, Callapse and Underground Property Damage (XCU} Liability coverages: Limits General Aggregate $2,ODU,000 Products--Completed Operations Aggregate $2,000,000 Fersonal and Advertising jnjury $1,500,000 Each Occurrence Combined Bodily Injury and Property Damage $1,500,000 Hennepin County shall be named as an additional insured far the Commercial General Liability coverage with.respect to operations cov�red under this Agree�nent. 2. Automobile Liability: Combined Single limit each occurrence coverage ar the equivalent covering owned, non-owned, and hired automobiles: $1;000,040 3. Workers' Compensation and Employer's Liability: A. Workers' Compensation Statutory If the Contractor is based outside the State of Minnesota, coverages must apply to Minnesota. laws. B. Ernployer's Liability Bodily injury by: Accident Each Accident $500,000 Disease Policy Limit $SUO Disease Each Employee $SOO,Q00 4. Professional Liabitity Per Claim $1,SOU,000 Aggregate $2 An umbrella or excess policy over primary Iiability coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the City's Contractor to determine the need for and to procure additional insurance which may be needed in connection with said Projec� 9- �v�`—. Agreement No. PW 4b-02-09 CSAH 14, C.P. Q929 All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. XVII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and a11 claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by anq third parties as a cansequence of any act ar omission on the part of said employees while sfl engaged on any of the work or services provided to be rendered herein shall in na way be the obligation or responsibility of the Caunry. Also, any and all employees of the County and all other persons engaged by the Counry in the performance of any work or services required or provided for herein to be performed by the Couniy shall not be considered employees of the Ciry, and that any and all claims that may or might arise under the Minnesota Economic Security Law or ihe Workers' Compensation Act of the State of Minnesota on behalf of said employees wlule so engaged and any and all claims made by any tbird parties as a consequence of any act or omission on the part of said empioye�s while so engaged an any of the work or services provided to be rendered herein sha11 in no way be the obligation or responsibility of the City. XVIII Tn order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement, the Hennepin GQUnty Engineer or designated representative shal! manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services af the City with the activities of the County so as to accomplish the purposes of this Agreemen�, the City's Director of Public Works/City Engineer or Ci and serve as liaison designated representative sha11 manage this Agreement on behalf of the ty between the City and the County. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. AIl items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreemen� t 10 �ti� Agreement No. PW 46-02-09 CSAH 10, C.P. 0929 Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agteement signed by the parties hereto. XX The whereas clauses are incorporated herein and are hereby made a part of this Agreement. XXI The pravisians of Minnesota Statutes 181.59 and of any applicable Iocal ordinance relating to civil rights and discrimination and the �rmative Action Policy statement of Hennepin County shall be cansidered a part of this Agreement as though fully set forth herein. (this space left intentiohally blank) 1 Agreement No. PW 4b-42-U9 CSAH 10, C.F. 0929 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF BROOKLYN CENTER (Seal} By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN AITEST: By: By: Deputy/Clerk of the County Board Chair of its County Boazd Date: Date: APPROVED AS TO FORM: And: County Administrator 1�--' GC.�(J Date: As stant County Attomey And: Date: t�� Assistant County Admirustrator, Public Works Date: APPRQVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL �ay: By: Assistant County Attorney Director, Transportation Department and County Engineer �}ate: Date: 12 HE�VNEPIN CC�UNTY DEPARTIV[ENT QF PUBLIC WORKS TRANSP QRTATION DIVtS1�N RE�OMMENDED URBAN LANDSCAPE! STREETSCAPE GU1DE1.1NES ansportatidn�Dlv s�on ngineer Revision Na. Q Date Q4/t�,3/45 APRIL, 2995 Hennepin County Agreement PW 46-02-09 Exhibit "A"; 5heet 1 of 8 April 3, 1995 TABLE OF CONTEHTS TltTRODUCTION 1 RECOMMENQED GUIDEl:INE CRITERFA i Baul evard 1 Crosswal ks Curb 2 Ir.rigatton 2 Landscaping/Streetscaping 2 Medi ans 3 Operattona] Clear Zone 3 Right of V�fay 3 S i dewal ks 4 Signals, Signing and Other Traffic Control Devices 4 Snow Storage� 4 Street Lighti ng 4 Trees 5 Uttiities 5 PEEt1�lITS 5 FIGURE I 6 Hennepin County Agreement PW 46-02-09 w Exhibit "A' Sheet 2 of 8 Apri3 3, 1995 HENNEPtN C�UNTY DEPARTMENT OF PUBLlC W4RKS TRANSPC3RTATiON DIVISION RECOMMFII[DED URBAN LANDSCAPE/STREETSCAPE �U[DEIJNES APRlL, 995 �ao� Henne�in Caunty. Department of Pablic Worfcs' Transportatian D9vision (09vision) has as a deieqated funct�on and respansibility to maintain a system of raadways that grovide transportation for resldents of the County �n.�a safe, efficfent manner. Year aroand safety requires adequate sight distances and a minimum operational clear zone Lhat can also accommodate snow starage. The D�vision has prepared this Recaa�aended Urban Landscape/Streetscape Guideiines (Guidelines) to mare cansistent]y and tfioroughly respond to questions aboat arban land5cape/streetscape design practices. All landscape/streetscape plans must be prepared and signed fn accordance with the Board of Architecture, Engineering, Land Surveying, Landscape Architecture and Interior Qesign. The Cit Ea ineer sh t Y 9 all alsa a rave aad sf n he title or cover sheet for tfiose landscape/streetscape piansp The Ctty Engineer must� also evaluate siqht distances along the pro�ect and assure the Dtvision,.in a report, that s�ght distances are adequate. The placement af obstacles or fixed ob�ects, such as strttctures, trees, etc., within Heanepin County's right of way shali be cause for the Municipality to assume iegal liability and additional maintenance responsibi}ity thraugt� a Cooperative Agreement. RECOMMENDED 6llIOE�NE CRITERIA The fo't'lowing is an alphabetical listing af the Di�risian's recommended guidelines for Iandscape/streetscape design. The triteria l.isted is nat a71 inc3usive ar necessarily c iete, Re ues �P q ts for more clariflcation sbou]d be addressed ta the Qivision Englneer or his/her designee. Figure 1 att�the end �of this dotument canta�ns a s�mrpa�rization of the recaam�ended aperationa] c7ear zone gufdelines. Boulevard The Division prefers a low maintenance bouievard. Snow and ice control methods may prevent the survival of some desired vegetatiaa. The Municipality has the responsibilfty for mawing and the mafntenance of faci73ties h�hind the curb. -1- Hennepm Counry Agreement PW 45-02-09 Exhibit "A' Sheet 3 of 8 i I Apri1 3, 1995 ,�rosswal Cross�ralks sha'ti confarm to the Mlnnesota Manual on Uniforcn Traffic Control Devlces (MN�ITCD) The County's staadard crosswaik is a bi�acic type pattern, painted white, on top of blttiminaus or coazrete pavenien#. Municipalities�have the responsf- bility to maintain pavement crosswajk markings,after the initial pain#1ng. Nan-standard crosswaik surfaces (such as decorative brick,•colared aggregate, ett.) shail reguire prior approval by the Division. Municipalities sital7 have the responsibiltty to install and n�aintain any crosswalk surface, as wel] as the abutting material, if the crosswalk surface is not consistent xi�th the road sarface. The munictpa'Eity sha11 also ind�ntfy the County far tt�e use of a non-standard crosswaik surface. f Curb Curb design must conform ta Hennepin County's Standard Design and the 5tate Aid manual. Curb and pedestrian ramps must comply with the A�aericans With Dlsabilities Act {AQA). Yrriaation Water fram irrigatfcn systems sha11 nat flow or spray onto the traveled roadway or anto any Caunty owned structures such as traffic signal corapanents aed siqnage. Concrete qutters shal) collect excess water from irrtgation systenis and not aitow water to f7ow across raadways (gutter in). Effects of subqrade saturatian sha11 be addressed wi�en irriqat�on systems are propased. Provisians, such as perforated pipe, shall b� inciuded for the p�ckup ard d�sp4sal of irrigatian water. The Division will not allorr an open cut for installatian or maintenaace of 9rrigatian piping witliin three years of constructlon, so eoasideration •shauld be given to instal7ing irrigation piping within a sleeve for'roadway crossings. M4aintenance and r.epair of the irrfgaLian system is the responsibility of the owr�er. �jndsea�}r,gfStreetsca�ng Roadway geometrics and�driver�sight distances shali be considered when installing landscape items. A report ind9cat�ng adequate sight distxnces have been ma�lntained is required for all access points a]ang tfie pro3ect. The repart shauld canstder all elements obstructing a driver.'s vision sach as trees, shrubs, plantings/plahters, structures, etc. Any laose landscaping rt�aterial, such as barfc, must have an adequate means of contafnment that wi11 prevent the material from spilling onte the roadway ar sidewalk. The Manicipal{ty shall�be responsible far maintaining such matertal. if installed, and for removing the materfal,frrom the roadway or sidewalk if the material spills onto those surfaces. Loose Tandscape rocic is not permitted within Hennepin County's right of way because of• problems caused during mawing, etc. 2 Hennepin County Agreement PW 46-02-09 w.� Exhibit "A"; Sheet 4 of 8 r Ap 3, I995� The M�nicipality or owner has the responsibflity ta trim a17 plantings and ta maintain visibility. Hennepin County's responsibility fcr landscape/streetscape restoration, after any Caunty activity, shall be limited ta top soil, sad or seecf. Restoration af s�eciaTty land5cape/streetscape items, sidewalks and plantings shalT be the responsibility of others. The Qivis�on prefers trafffc control signage to ba iocated hehind the sidewalk. Landscape/streetscape shauld nat abstrttct the view of signage. Landscape/streetscape should make allawances for placement or future expansion of utllities.within the riqht of way. Traffic control during maintenance of landscaping sha]1 compiy with�M4UTCD for.traffic contr-oi. �fedians �The Divisifln can suppty typicai design standards for raised and depressed medians. Median drai�nage is a concern of the division and shauld be discussed with the Oivisian's Design S�ctian. The Otvisicn's guideline does not a11aw pianting trees within the medfan un7ess there is the a�inimu�a operat�ona] clear zone for the pasted speed 11mit (see Operational�C�ear Zoae), Plantings, inc]ading raised planting beds, in medians shall nat be higher than 3 feet from the�bcttom of the curb qutter�iine, however, sight lines must still be check�ed, Plantings shou7d be kept as far back from the face of curb•as possible to minimize dlsturbance due to snow piawing (see a'!sa Irrigatfon), If the Mnnicipalfty proceeds with placiag plantings within tlennep�n County right �f way, then the Municipality has the respo�sibiiity to trtm plantinqs to a�aintain sight lines. Oaerat� ona�i ear 7_a�e i'o facilitate the safe•operatioa and maintenance of a roadway faciTity, aa operatianal clear zone is required. Encroactuaent �nto the operational clear zone causes safety and maintenance cancerns. The Division standard provides aa operational clear zane of fi feet fram the fate nf cur.b where posted speeds are 35 miles per honr (MPH) or less. For speeds gr.eater than 35 MPH to 45 MPN, the Qivision standard provides a 10 faot operatlanal cIear zone. The required operational clear zotte for speeds over 45 MPH shall be analyzed on aa individuai basfs by the Division (see Fig�re 1). R�.g�t of }ray Streetscape/landscape fterns within the County's right of way are reserved for the public and awned by the Municipality. Hennepin County does�not a]low private enhancements within the County's right of way. -3- Hennepin Counry Agreement PW 46-02-09 Rxhi}►it "A": Sheet 5 of 8 Apri 1 3, 1995 S1de�ra7ks. The Dlvision recon�ends a sidewalk with a minfmum 5 foat width and prefers �he side�alk be placed 6 feet from the €ace af curb ta acco�uaadate snow storage. S a s S9 �i na and Qthe�r T,�ffi ��'e� ro� Oev� ces All trafffc ccntrol devices a�ust comply with M�tlTCD. For urban cross sect�ons, the Divisian recoaamends traff�c signs be p]aced� at least 6 feet from the face of curt� ta the edge of sign. Sign placea�ent is preferred behind the sidewalk. The locatian of utilitles shauld be considered with regard to future sign placement. In areas wi�ere there is no sidewaik, clearance to the signage should be at least 6 feet frc� the curb or edge of shoulder ta allow for snow storage �nd/or future• sidewaik(see Snaw Storage). Landscape/streetscape shauld not abstruct the view of sig�age.. Trafftc�signals sha11 have the Divtsfoa's standard type and colar. Any other coior sc�eme req�tires prior review and approval by the D1vis9on and require the Manicipality to maintain the �aint systes� at no cost ta the Qivision. Lead based afnt ha P s 11 n,� be used. Paint must comply wlth carrent Mn/DOT�specifications. Snow Storaae The Otvisian requtres minfmum operational clear zones for•snow•storage aia�g the•side of the read based on the posted speed limit. 7he re�uire�aent of an operational clear zone far snow storage,a]laws the Qivision to efficiently ciear roads of snow and beIp maiotain the road's traffic carrying capac�ty, Inadequate seow storage will reduce iane widths.,.adversely affect traffic handli�g capactty af the raad and trucks from using the partially blacked traffic lane: Roads that are not cleared of snow along the curb to the starm drain can also cause drainage �problems when the saow meits. The Divfsien may reqa�ire that the Muaicipality obtain an easement if there is inadequate snow storage available with�n the right af way as a resnit of laadscapejstreetscape structure placement. In areas where 3andscape%streetscape stretctures cause inadequate'roaat to store snow off the road, the Muaicipa]ity will be requirecf Lo either move or haul a�ay the sncw (see introduction for iegal liab9lity and maintenance requirements). Street L�ahtinq Street lighting must be functiona] and meet aparvpriate standards for �llumination. Special consideration should b� g�v�n to eliminating glare and shadows. Questiaas on lighting shotild E-: re��rred to the Divislon's Desigrt Section. 4 Hennepin Count}+ Agreement PW 4b-02-09 J Fvhihit "A Chr.Pt Fi nf R April 3, 1995 �es Trees, fn general,� can obatrt�ct the vierr of signs and signals. Prtor to the placement of any tree, sight lines should be evaivated that includes consider.ation for fully mature trees and their canopies. The Divisian standard does not sanction the plattting of trees an County right of way within the operatlonal clear zone (see Operatianal Clear Zone�. Plantinq contferous trees is d3scouraged withie }tennepin Couaty•s rtght ef way. Tree grates in sidewalks or paved areas, unless proper'Ey.installed and maintained, can be a hazard to pedestrians� peopie with disabitities, and snow remo�al operatiaas, etc. •The Municipality assumes all liability for the pla•cement of any tree grates or ather abstacles within the Couaty's right of way. Irrigatioa, if deemed necessary, shau]d be limited to a trickle type system (see Irrigatioaj. The Divisian daes not contribute to the replacement of� strestscape/landscape alteration as a resu]t of any highway waintenance, modificaticn or ut3lity wark.. �s Undergroand utilities that do not extend abcve the surface may be placed within the Ccunty's operational clear Zone. Above qround ut111tfes, hawever, sfiou7d 6e p3aced outside the County's operatlonai clear zane. PERMITS The Division's Permit Office sha11 be informed of all constructton ar maintenance work within the County's road right of w�y. Traff�c Control and time af wark must be approved by the Divisiari priar to 6eginaing any work. •(Exa�ple: Parkinq in a traffic lane during rush hour is not allowed.) r5Y Heanepin County Agreement PW 46-02-09 Exhibit "A": Sheet 7 of 8 i r FI�URE �1 HENNEPIN GOUNTY DEPARTI�ENT OF PISBLIC WQRKS TRANSP4RTATIaN DIVISIaN RECaMMENDED LANDSCAPE /.STREETSCAPE GUIDELINES URBAN TYPICAL RaADWAY CROSS SE�TION PLA� OF TREES, TRAF�IC LANE 1�INIMEIM 1 11TILITIES, FI}�Q OBJECTS ETC. 2' G11TT'ER OP�ATIONAt. C�EAR ZONE AND SiVQW STORAGE RECOMt�NOED PLA�1T SIqVS BOULEYARD FACE OF CURB PQSTEQ SPEEU LIMIT MINI�IUM OPERATIONAL (�AR ZONE 35 �i. P. H. OR LESS 6 FOOT FROI�I T�fE FACE� OF CtlRB) GREATER 'tHAJ�i 35 A�. P, H. T0 45 M. P. H. i0 FUOT (FRQI�1 THE FACE OF CURB) GREATER THIW _45 fN. P. H. ANAE.YZED ON ANi INQIVIDUAL BASIS BY THE DIVISION. APRIL 1995 6 Hennepin County Agreement PW 46-02-09 F.xhihit "A"• �hr.et R �f R City Council Agenda Item No. lOc COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works DATE: October 6, 2009 SUBJECT: Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 2009-18, Bass Lake Road Streetscape and Regional Trail Improvements. Recommendation: Staff recommends that the City Council authorize the attached resolution approving plans and specifications and authorizing the advertisement of construction bids for Bass Lake Road Streetscape and Regional Trail Improvements. Background: On April 13, 2009, the City Council amended the 2009-2023 Capital Improvement Program and added the Bass Lake Road Streetscape and Regional Trail Project. In June 2009, the i City was awarded a$2,000,000 grant under the America's Recovery and Reinvestment Act (ARRA) federal stimulus program for this project. On July 13, 2009, the City Council authorized execution of a professional services agreement with SEH, Inc. and directed staff to proceed with preparing plans and specifications for the project. In accordance with the requirements of the federal funding guidelines for this project, we are required to officially bid and award this project by December 30, 2009. Construction plans, specifications and contract documents have been prepared for this project. Staff is prepared to begin the project bidding process upon authorization from the City Council. The bidding process would involve advertisement of the project in the City's official newspaper and in the Construction Bulletin magazine. Sealed bids would be collected, opened on a scheduled bid opening date, and tabulated by the City Clerk and City Engineer. Staff anticipates that the bid results will be presented to the City Council for consideration on November 23, 2009. Budget Issues: The total project cost is estimated to be $5,040,000. Funding sources for the project include Federal economic stimulus ($2,000,000), Hennepin County ($798,500), 'I'hree Rivers Park District ($434,000 pending) and the City's Tax Increment Financing District 3 ($1,807,500). Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IlVIPROVEMENT PROJECT NO. 2009-18, BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL IMPROVEMENTS WHEREAS, the Brooklyn Center City Council, by Resolution No. 2009-58, amended the 2009-2023 Capital Improvement Program (CII') that included adding the Bass Lake Road Streetscape and Regional Trail Project to the City's CIP; and WHEREAS, the Brooklyn Center City Council, by Resolution No. 2009-84, authorized execution of a professional services agreement for design services for the Project; and WHEREAS, plans and specifications have been prepared under the direction of the City Engineer. NOW, THEREFORE, BE TT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: l. The plans and specifications for Improvement Project No. 2009-18 are hereby approved and ordered filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of such improvements in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an oppartunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Brooklyn Center for 5 percent of the amount of such bid. October 12. 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MINNESOTA DEPARTMENT OF TRANSPC3RTATION EXISTING CITY OF BROOKLYN CENTER A9 MODKIFD BY RIGHT OF WRY pA1 ,�uu. m�me coxma oewcES ,wo saaNO seuu. coneaa m PERMMlENT EhSEMENT CONSTRUCTION PLANS FOR REMOVALS GfYYJINQ� �M a7G��GlI� BLV\/f\ m� �UTCO. MGLDMO 71[lD 4ANWL fOR 7EMPOp�RT PROPERTY LINE RETAININO W MIFFIC CON1Rdl 2pK UYW1Y. WMlNT EpnoN. {�i-...- SMNTMY SEWER NJD MlNHOIE ALL, CONCREtE CURB GUTTER, CONCRETE TRAIL WALK, oesu� ues�cru►noN F°"�'" 3TREEfSCAPE, S7REET UGHIING, PEDESTRIAN BRID(3E, AND 31aNAl SYSTEM �g FT. cQ ._i:'�.;. WATERMNN� HYDRIM IND VQVE 1 O� A`� VI B�ASS L.AKE ROAD CSAH .10 TMl0E5�77 SPEEP. ZO MPH� L y� BASED ON STQPWNG 9GHT MSTMiCE HT Of EYE 4.6', XT OF i�;';;I- STORM SEWER. MANMOIE M!D CATCH elSW p/ y OBJECT 0.0' BRWIV�.� BLYIJ. TO �71A� fl�� 1• 1W iNAll OESIOH SPEED NOT ACHIE�fO �T: UNOERGROUND ELECTHIC�GBI.E OR CONWIT OA4 MMN G'�O\L STA. 7M90 TO J8+10 AT HWY IOD (STOP CONDITON) l.,�cnw..JND TELEPHONE CIfiIE OR CONOUIT n ryy� UNDERGROUND TELEPMONE DUCT S.P. 1V�"NGV�1Z d r OVERHEID ELECTRIC LWES M Q 1 T17IE SHEEi I!'.i ELECTRIC CONTROL CPBINET/BO% S AP G/�V IV�Ga E01-Eq2 STAIEMENT OF ES71MAlED WAN1111E5 !:�I,I'::) ELECTRIC/SIGNIL HNqHOLE 3� T�SUUC�TON NOTES L� STANDARD PLA7ES CtTY �JECT NO. 2009 ii:;j ELECTtHC TftNISfORMER/PEDEST�L CpUMy pROJECT NO W!A 7- 60 CAN57RUCTION DEfA1LS 1:; POWER POLE M GUY ONCNOR LIGFfT POLE TMIN IAKES REOfONAL lAAil ECI' EC7 SWPPP R FRp510N CONTRq. PLMlS) I I' TRKFIC 9GHN, NMIDHOLE 1 I� a IS STORM WAIER POLLUM�N PNE�EN110N PLAN TRKFIC SICNIL WTc......a��..i LONWIT �6 J MIN :y r TRKFIC SI�IIL S7/7roMD/MAST NM BE61N T11AIL STA. 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N 'g, WMD RNl V�� ,.f yye w �11-BR2 Eq511N0 PED BIGDOE RNUN6 DE7ALS TI�E (OECId1q151 Et-E3 LN7HMM PLANS A DETAtl.S 2..? d� 51-SJB 90NAL PlANS %I-6 CROSS-SEC110N SI@E15 iRAIL X1-� CROSS-SECTiON 5!$E75 MMU( i;' TREE fC01MFENWS> i 1HiS VLAN CONTMNS SHEE15. g "•'•.a j"�` I RECOMMENOEO FOR APPROVAL: i eu�oiNa g eisr r+y �y 9 BECIN 3.P. 2TifO�� s�� HENNEPM DESIGN DINSION ENqNEER: DAIE QAEOINI�STM �E7�10 MPROVE�: OVE(WEPO TRANSMISSION TOWER Q1 BROOKLYN CEN7ER qN ENCttJEER DA7E L /WPROVEO: I I d s i� �Cb IIU fN' 0 I 7HREE PoVERS PARK DISIRICT ENGINEFR DAIE �E x 9 MPROVED: PROPOSED a �r�� i ,aw eRaa�m�t[ caicn I' --4- IIIGNMENT CENTERIINE HENNEPIN COUNT/ DNiECTOR iRANSPORTATION PROPOSEO iE1WM1EHT EASENEHT O y� nVC N a DEPAR7NEN7/CIX1NT! 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MN 43110 ��KIYNCENTER.MM 1091]9 N0. BY O�ffi qEVIS10N9 xnv to. x000 ie�ei SEH CItT PNUJ. N0. 1009-1! Dola .IC. No. s.�. ias-eEa-�i s.�.n. ti-a�a-xs ORNAMENT�I TPEE---L�s� e SEE LANOSCAPE PLAN FOR C lOCA7I0N5. SEE TREE r� RIPN�P 7YPE SVECIAL (C6ao.r..+.�..c SwALE, PLANTINC DETAIL MFINµ ORNAI.£NTAL TREE �Ci I I SEE l�NDSCAPE PI�N FOR d�-�0' COBBLES) FROM STA 214+75 70 LOCATIONS. SEE TPEE RUNNEL AT STA 21S+3b ONLV. DEP1H OF 4 VARIES 5 �-40� I PIANTIN6 �ETRIL -'�y COBBLES 19 BE 18' MIN. YA7M 8' A(.r.ftECAIE O BEOaNG MNDOi 3140.2C. `�d�;� r,G.-��.. EXISTING- Q I I ps e�usnrac 2A �rer .r_. 1:6 �CURB 8 CURB 1:6 i'�;•. 2 0% O 4 y�_7� r� MEDIAN i I�_ I VARIES 20'-35' 1� r 1•5 6' �OOREOATE BASE CLA55 S L}• MULCFI MAIERUI e� AGGREGATE BASE CUSS 5 EXISTING j :�i! EXiSTINC ,t' CONCRETE WAIN 8 v CUPB �i 2.0% 'q1R8 SPECIAL 2 4' CONCREIE WAIK— 1 Q3 2.0 1:6 (MAIN7ENANCE STRIP) SPECIAL 2 (MAINTENANCE S7AIP) QQ �PtCAL SECTION �4NDSCAPEO MEDIAN DETAIL Q MmIAN ALICNMENT STA 189+53-t93+80, SiA 18J�76-185+26. STA 197+�4-199+11 6� 80TTOM e' A6GRE6AlE BASE 4' CONCRETE WMX_ L3' MULq1 MAlER1�L CLASS D SPEqAL T a( -0 SEE LANDSCAPE PUN 8 OETAILS FOR �SWRINC P�TIERN (MAINIENANCE SiRIP) `t HARUW000) 4� �N� SPECIAL 2 r k 6' AOOREOAIE BASE iYPICAL 7 DIMAEIER II E�IAN CLA55 g �LIONT BASE (MAINIENAHC£ S7WP) rJ VARIE�� 5 O� TYPICAL SECTION DEPRESSED htEDIAN DETAIL ex[snno- Ex�snr+c �emi,w wara�r srn zowoo-zos+es c e g 2.0% 2.096 cuna 5'fA Y74+7S-215f70 6� STA 216f30-218+D3 STA 21Aa6J-22Z+35 STA 226+2h227+63 r--. e' AOORE6AlE BASE 8' ACORECnTE BASE CLA55 5 4' CONCRETE WAL� �ASS 3 SPECIAI 1 '4' CONCRETE WMJt I wq� 9 ORNAMENT/iL TREE SPEpAL I �SPEpAL 4 �3 SEE LAtASCAPE PI�N Ft Y dAM. LOC�710N5. SEE 7REE t UQIT BASE i a PI�NTINO DETAII R[PRAP TYPE SPECGL ICOBBLESTONE SLOPE. 8'-10' TYPICAL SECTION CONCRETE i DIAN DETAIL a OpADE BREAK ICB1 STOIE SIZEI t69'"W=�ST j STONES PLACED ALONO BOITON Of SL�E �T �e' MIN. STA1B5+2J-197�14 g j ye:s. DEPTH MIiH 6'A60REO�TE BEDD(N0. MNDOT J1�9.20. OO C��. COBBLESTONE SLOPE TO BE PLACEO IN BASIN FROM STA Q�� (8� 200N0-Y02+10 AND 202+90-IIG/+6S WIIY. 1 1 I I 1.5' 6.5' 4' VARIES 6'-9' I 6' MIN. VARIES 4.5' 1.5 t� f I I 0'-26' ExIST[NO 9 CURB I i 5 DITCH BOTTOM {DBl E7fI57M16 1:6 2.0% 5 r .+4„ t. 2.09. E •3 r s 1� 1 tii 1,�' Z I I Z,0% 1 3' MULCN MA7OtIAL u r "�2 ?7 -7YPE E (SHRWOW e" AOOREOAIE BEDdND MNDOT 31�9.20 6' AOOREOAIE BASE TYPoCAL Y' OIA1AElER OVERLM O CLASS 5 j IIOHT BMSE SELECT TOPSOII r 2.5' M!N �ON�REh W��K- ,8' AGGREOAIE BASE BORROM SPECIAL r SPEdAL 2 NOTES� r -12' S0.ECT TOPSOIL j( CLASS 3 gpppOW SPECIAL (MNN7ENMICE SiRIP) O SEE UGHTINC PLANS FOR DE7ALL5. 7 'SpEq� ��j w w P P� 3' MULp1 MATERIAL TYPE 8 O SUBORA�E SOIL MODIFICATION 12' ROTOTILI E%[STINC SOII. TILL IN IXtNNTILE IN CRAOEL BED I 12' (MN) CRAVFL Bm. (�gpDm HARDWOOD) .i COMPOST 6 SOfL ANENUMENTS. SEE L�NDSCAPE PLAN FOR PLANTING d SOD (AIAIN7ENANCE S7RIP) H17H OEOIE%7LLE FA&21C 1 WASHED STONE LIMITS. NOTES� TYPE a NON-WOYEN -NRAP OpAVEL 6EU UNOERDR�IN MITH CEOTE%i1LE FRBRIC TYPE NON-MOVEN MITN NIN 7.5'�OVERLAP. OO SEE MEDIAN PLANS FOR EIEVAT10N5 -6" PVC SHALI TIE INTO STORM SEMER NANHOLE. SBE A£D(�N PlANS FOR LOCRT[ONS. Q SEE LIGHTING PLANS F011 LICXT IOCAT10N5 -SEE AEDIAN PLnNS FOR LOCAT(ONS AND ELEVATiDNS OF BASINS. S -SEE PLAN FoR lOCa710N5 OF WAI.LS• 7REE5. AND UCHTS. �SELECT TOPSOIL BORqOW SPECIAL 70X SA/A. JO% COIAPOST. MNUOT GR�OE 2 QS SEE LRNOSCAPE OETAILS FOR M4INTENRNCE STflIP CONSTRUCT(Oq AT GUMDM[L laAT10N5. 6 TYPICaI_ SFCTiON MEDIAN tNFILTRATiON eoSIN DETAfL O SEE L�NOSCRPE PLAN FOR PIRNTINGS RND GIiAS5E5. Q MEp1AN AIJONMENT STA 200+10-207+50 STA 21Bt60-22�+BJ O STA 210+00-215+J5 STA 232+33-2M+I� i SEE l�NOSC�PE DET�ILS FOR MODULAR BLOCK MALL DETAIL. i x[a[er cenrsv txnt rxc wn w�s wrowao er uc an u«Y wr BASS LAKE ROAO STREETSCAPE dxcar avcnmiar� ra m�r i w1 outr �w�s[o i i cbxue maw nc wa a n¢ a.•rc a wxemu jg35 VnoNai5 on. REGIONAL FWUI IMPROVEMENTS TYPICAL SECTIONS Fp.E N0. rue eY ST. PAlll w+ 751f0 ��K�YNCENTERMIN MEDIANS&INFlI.TRATIONBASINS anocr 5 cxccKCO� I I I I SEH M0. BT O�TE PEVISfONS ro. zo09 CITY PqOJ. !0. o�i_�� S.P. 109<pa-�S s f y!S_ i��d/ :J 1 ...�u¢ �i R3.5tl., ir Jos I NOIES: t a i� s f 3 1) NORTHINO AND EASi1N0 COORqNATES ARE TO TOP ..I t BACK OF CUR@ J �a 5� 2) CU77ER ELEVAl10NS ME TO FIOW IJNE OF WRB J I �i+ n �1-::i.i �ND WTiER. r .3 n<\ 3) ALL DIMENSIONS ARE PD TOP BACK OF WRB. no r R 59.3�7 �j LANE WID7H DIMENSONS SHOWN ME I j J/ o CURRENT/EXIS7ING STRIPEU CONW110N5 MEASUREO TO j ....1 FACE OF WRB. r J 4) ALL CURB SHALL BE MNDOT STA�ARD 8821 s; L CONCRE7E CURB AND Wi1EFt. r ..e: �i 3) �E CON57FtUCTON PLANS FOR PROPOSED STORM I 13 i� R�34.J5 SEWER INFORMA710N. w�..:.. t -.-n ��'Y u.3au �mmRT 2 d4 u. 68M0-- 69 x': 7E o0 y C43 y :t n.00 �'I�� �:o �`I is,t� W .t.. ��:u I'� 127.37 SS2.SO 1 N 3 ��.:qop�� ..�'c! 1 f n I y 1 „l r<A.,. �J y j e. e -—as-ac— N-- --j- e i a,� g u`ar ,zw c`t�: �i If E+) —1— x —n q, j s.� Vl 34 i s I a y� �j .'t 1 X/� e u -i ;I e Y F 1'�' I13' i t114 19 l t- 8 j I! f I r u I \v i� t r l I `iy� 7 i I I �i Y j{ f I I 7 �l I t �i f l t:�' I A �,l..i i �.Z 8 I �'i� I. i 'g 7 i KEYED NOIES... kiit ,p MNOOT ��E,� 5,� „�s� c a NOSE FOR 10 T� ..w:�..,: =BASS::.LAl�E._.ROAD kC.S.A.H. 10.)., REAIOVE STORY SEWER CATCM BASW STRUCNRE SEE RFAIOVAL PLANS 7HREE WVERS PMK d57RICT qO�C $LAB SEE OETAL N �O 10' CONCREIE TRAL SEE COf�lS7RUC710N PLANS CONCRE7E WALK BEE CONSIRUC110N PLANS RE/AOVE M!D REPLACE FULL PA�EMENT M1DiH PROPOSEO SiptM SENER STRUCIURE AND PIPES SEE CONSTRUC710N PIANS b COMCREtE ORIKWAY pAVEMENT SEE CONSTRUCTION OETAIL i S wn CROSSWALK 7REA1AIENT SEE LANDSCAPE DETAllS I i �cncex unTtr ix�r iws n..w w t vaviwcn ar �e on uaa Mr BASS LAKE ROAD SiREETSCAPE Op.MN� SWGw�N wtl nUT i a....�M4W .POf��K ocsioxco� i ��a TMF ��ws a Txc sr�tt or wcwtw PHOroE: 65t.99o.2000 REGIONAL Tf2All IMPROVEMENTS NORTHWAY DRNE INTERSECTION FlLE rro. aIECKFDi TNB I 1 1 M. 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RR MIl10T 7706 1 f j4 r�'� W fr 36,000 SI YINIMM �PAp1TC01 ai J .i�.. f f :k: DLdt ARE� 760 Y �,n� l� .C- I `i �ig I r �si �u�.ti 1 i� S �..'t.�, ir' �i�. i�'� L15T OF SHEETS y J �1 CA57 ABU7r.�cNl v f I I NO I, DESCRIPTION 1IC51 �BUiNENT ...._I 1 ��RAL PLRq i ELEVA110N R IINGDETAILS L f 8 2 �ftA C/L 7R�1�. A�lD MIIOGC EXIStING BRIDGE 27511 BASS UKE ROAD 1 GENERAL PLAN BENCH MARK NOTES ew ncv ec�.s� mcm eer i0•�O' S of�CR Br�i �ov�r 100 BRIOC[ SIIPLNSiMICiURE E �MEt wEla rla[7 R�rilMC BA55 LAKE ROAD STREE7SCAPE I p 6 REGIONAI TRAIL IMPROVEYENTS o� urr� -u ................................0.!�.. T' si a ats mob+ '............_R!O..i..._ .........................................................................._......_........................�....:......_a,.��............... R VE r v u5 CExtE OPo 35% ADN i ►!wl 1W 55�0 .................A�,S...i......................................................................................................................... 5 .....................t.-r. ar..-.-.-'.'......................................................................................................_.........._.................................................................................. ww� iasn �so-soao SEH F.. j 100 tR i aq1K� 1M�f L[[1f 111M41fM M RK MIDM[0 ..i....................................................._...................................MIGH....A�[fl..L1L..Q1i.QA.............. or a uraw w oraci wsensron no rwi i ui ou�r LICIMI[0 MUICSSIOn4, LKl�tf/ lMLll t1[ L��f Ef ��pppp% �p�p[� IK ffnC Q NMCWIA eortoM E�.ew.o CONSTRIICTION NOTESt T1K 2005 [D1ilON a 7NE wN/DD1 "STANDARD slam SPCCIFICAilONS fp1 CONSTRIICiIOM SNALL GUVERX. GENERAL ELEVATION ORANIqG3 ARC N07 TO BC SC�LEO. °"'G C0 M0 I a 0 10 t0 D£PART4ENi W' t� SCHEDULE OF OUANT]TIES FOR ENTIRE BRIOGE SUPERSTRUCTURE MOOIFICAT10N5 tttw ta I �rcn I u��t I ouumrr s••o^ FOR TRA]L BRIDGE 94161 CLC�R BiMN NA0. BA55 l/utC NECIONAL TMR BRIDGE i�OZSl7 IONN�NiAL MEI/il N�ILINC 1 IIN.Fi. I 120 �1 OYCR SlIINGLC CREEI( Nl&S06 IORC/�NIC 3p/C-NCX M1N. a/5TQ/ fqDl 1 SLLft. I 1260 IPI IKNN[PM CWNTY,NIIMYESO7A M Y[TAL S�NGLC-SPAN SiCCI BE�N I 1 I I PltllET RAA IWLLKI :P 60'-0 LONG X 6'-0•ttC�M MIOTN.O'SxCw EzI57, �OOD OCpliN6 TORCMAINWRACC GENERAL ELEVATION �j E%IST. STEEI BCFMS 10 SEC i 7NP llD N p 2) BE ttC47W �NO P�INTED CI77 OF BROOKIYN CCNTpi HCtBlEPIN COLR/fY S a%IST. STEEI BM1�CING ANO yyy TYPICAL SECTION °�P� N�NGER ASSENBUES TO MPROVCD� D11i�_______ BC CLC�NCO ANO V�INICD ST�TE BRIDGE ENGINE[N o�s� ncr iora MA� 94161 0 6 10 CHK� J�J 1 CNII� JAJ `J� OESICN GROUP JOB NUMBER STATE PROJ NO: S.P.109-020-12 S.A.P.27-610-29 SHEET NO BR1 OF 2 SHEETS i i, CONNECT SfA. 55+38 S 00 q�RCUfi' I $SFOD E`� IXIS7VlG qRC y STA BS+47 STA. 52+88 O Si�pp g3�00,�. �r. 2 S g �Y. 99f00 ST0. 80+74 �1�4 ,t q +00 S�A 194+34 4_ t+,ti. bQ r0a O �9Z 00 '�r ry �9s 8 ..t...,o 52 2 r t (�1 -xn..� .r 6lt00 ,x{i j n.63 y 191+76 193� z �rA �-.r: A 4 }9� S .O4 g j O 00 10 Z r �,��`69F00 ,3_ y r 1 x� 5 1;qo K �O O O e s:�,�„ Q 1 i g A 1 O L` �,C A ,�t�, SfA. 198+B8-�i Y'.,� 149�p �y01��� n 'L 8O 9+41 J'+- 5�00� blpp w, S 4 DtISTINC, t E00 r� �9 S 3 NMC �i ,r.A+!'� t t9A... SU. �.:,5 7�00 s i i f d \8�'. 7 'TA 189+18 3 1 e :9+Op ��.�;:r.� )N GND EKIS7ING G CONNECT ,j�6 �y t STh 2+9E �3)/4 �k (1)/8 CND I TO 14 i f�*� r �'T!� o STA 7+88 9} DO .��0 E%IS�IN6 O T g9�� i CONDUIt }3r00 1..,�� ir .i -.IU a„� .�J .,�7 -•1 (1 4 f r STA. 10+43 ll�np v{ 2 /J u gTA. 1]+5B e y� S� 3' NMC-E%IS11N6 r 7} g t S" f�IC-EXISTINO. a b Cs. f. NGIE.4' (J)A4-E%ISiINO C$� I I (1)B8 GND-EXISIING. r I 2 (3) 4-E%I5fING, (I)�8 ONO-E%ISTING, +fi j 1. ALL CONOUR ON THIS %AN SHEET SHALL BE 2' NMC SCNEDUIE (6)/4, k(2)/E CND f I; (3)/4, k(i)/8 GNO a a, y' 40 UNLE55 OTHERWISE NOTED. Ml. CONDUCTORS SIIALL BE (7YPE 3' NMC-E7fiS11NG, C J' NMC-EXI511NG, R v USE-Y)� (SN4 AIM (I)/8 OND UNLE55 OTHERWISE NOTED. 1 J ����i L• PULL S7PoNC EItlSI1NG J 4-E%13I1N0� d `1M LEGEND I Re i�`� 2 OVIDE 7 GIPPED CONDUIT SNB 0.5 INDICATEO. 1)�B GND-E%IS71N0 j IXISTMW LWIRNO UNR 0(ISTNC SERVICE� i'I (6)/4. k(2)/8 .CND !—a�f MiMeEA x WH�NO UMn FWL BE SET BACK AS MRECTED BY 1HE uoHrwa u�ur cNaNCm. cnexaEr I �wr�u�� I �so mev iti: M�41 UCMINO UNR 4. N1 CONDCUfORS SliALL 8E COPPER (Wl. pfI5TIN0 S.O.P. i� iRE ONLY Ex�wc) 1�.�...:,,M..JND D6RtlBU110N GRCUR IN CONDINi S. AB04E ORAOE CONWR SIiALL BE Po(MO SIEEL 0 100 0 SO f00 DfI5iW0 GRCUR IN CONOUIT 0. COORDItMTE �RNCE .........:....Dp TO EXISTING iRANSAMAIERS WIIH A p/�p ��p �py� �N� xCE1 ENEROY OE9GN aQ�NEER RO�Rf TORftEZ AT 78J.WJ.1871. al�— 25 WMA OROUND 7. ��CO RpIDW11Y CN059NCS SFWJ, BE OIRECTqN�LIY SCALE FEE7 10' GROUND 1�0 0. OUE TO U11LIlY CONFLCTS. SOh1E UGHT BASE FOVN61110NS MUST r BE 111N0 DUO. 1�7 9. PROWDE 0.ECINIGV. iER1AINATON AT IRRIOA7Wl1 CONRtOLtER. 1, e O LIfiH1R10 VNR NUM9ER COORDIH�TE WITH IRRICATON CONfRACTOR. T E' CONDUIi SNB 10. UONfINfi UMTS 1.4.7 k 10 SHNJ. BE CENiERm M iHE MEDWJ. ALL OTHQt UNrtS ON THIS PUN SHEEr SHALL BE RACEO 2.75' FTtOM eNCK OF WRB W(IHIN THE CONCREIE AWNTENMICE SIRIP oeua. s/�e.os oN urrosc�we o�rN�a s��7. S.O.P. 2' NMC s�e+u/ucrmNC y�i f3)�i/ot 1 6�.' �i SfA. 85+82....... 66+06 .._67+QA 68>E�120/Y�..6�g i �I �s)�� CND 5fA 72+39 S0. 74+SB.. _:C.� J I bS�oo n 0 1: .�>>pq �e«oo 7ardo �.t sin 7s+so se �s+p[ �!,1,s. F 1 .y` k .9 r° �u�.. 74rQ0 7 7 77 Z "q""� �o,.+�^.�a�°,-.'.-.......::. ..�,�fc .r..isv..,� .....,s,,. 74Q b i `�i ��JqD 'S 1 Z f: �3}E zi �i, f' n �a C HWY l0 9 O j�o W�_ 9 31 3 33 JS �37 i p, e�..:.;''.. i(e� a s(z> e z ze i 3 ITI V ss z p.. f�- i, .s..'�'. }y..' EP@! 7F00 4'�'ea,�L�� .x>. �..�vr._iT' a�a.+* .T i ��216�00 ��i' 2� Ml�00 �06 �R*T 2 �WO 00 A Q srw zoi+4u sr� we+es q�-; 'zto4oa eu�oo E17tfl0. 219*00 a 2 W _�.00: ewwo sr�. zof+sz s f ,r^ •,+r.:.�;�� srti zii+se Z e1 0 srti`zia+sz sr�. s�s e�" j� m w ,a Y o_ m ie tz o n� z� i 1; srw zos+n za, Q 4 34 ae Z-1 ie� i: z°.. I �o i r 28 S ASS LAKE RoAD Sz ae m s y I iS fi.00 �e a:4�� {�i. t c STA 2�+97 26+00- '�8B% F.29N! N STA 18+00 Ih9P .1B4Q0 19W0 �t::.2YIrU0 -."L. 24fA0 Q 7U srti ie+�z C zzko aak SfA. 26+95 �i SiA. 22+88" 'C �I� i r.i� .i �k!' I -.a� �i oMVn� i o�i m uv�sox�,v�a n i�iw i�a�wan� ue a unu n BASS LAKE ROAD STREETSCAPE onm� uau �nc �.ws ar ne si�tc ar weaorw pHONE� BS1.�90.2000 Dt J 5 s s v n o N �13 CENiEn on. REGIONAL TRAIL tMPROVEMENTS LIGFITING PLANS F1 1 1 BROCT CNfa[o� �T ST. PAIIL. !f! 55110 BHOOKIYNCENTERMN M0. BT OATE �VILIW6 CITT PR0.1. N0. lOD9-1! 108W0 I Dal�� Ns� w. zaov Lle. No. 09N SEH #.r. �ov�zaix S.�.P. t�-btn-t9 E I 2 1. ALL CONWR ON iHIS PIAN SHEEf SW1LL BE 2' NMC SCFIEOULE W 40 UNIESS OINERWISE NOTED. ALL CONOUCfORS SHN.L 9E (7YPE ioo o so �oo �¢-a) (3)/4 AND (�)�8 CND Ur96S 07NERWISE NO7ED. 2. PROVIDE 2" CMPED CONWtf SRIB AS INDICAIED. W 3. LIOHTMO UW75 SHAIL BE SEf BACK AS DIRECTm BY THE I SO.P. ENGMJEEfi. i 4' NMC SfA BI+35 i I. ALL CANDCUICIRS SFWl BE CAPPER (CU). (J)/I/0 STA. EJ+09 L.! 'BOi09 Bt*00 �82+00 5T0. 84+95 5. ABOVE GRADE CONDUIT SHALL BE RIGIO STEEI.. i, 83 pp 84r06° BSt00 p¢ +79 6. COOROINATE SERVICE CONNECTION TO EXISi1N6 T2WSi0RMER5 WIfH T L I gZ XCEL ENERGY DESIGN ENCINEER, ROBERT TORREZ AT 783.49}.1671. w w ♦1 45 s 8Bi 00 Y� d 7. ALL CONOUiT ROAOW�Y CROSSINGS SW1LL BE omc�����.ALLY w J i I O. .....0� Z 47 y O.� s'+� 57 Z 33 f _..r, OitILLED. i 2 1 f 3 i J9 Sf0. 21B+88 u STA 220+89 3 r'' 8. DUE TO UTIU7'/ CONFUC7S, SOME LICHT BASE PoUNDRilONS MUST U zieaoo�. t srti zzz+,w z�I'o� ee> F ee w�rro ouo. �q( 220W0., ;221+�00 222t00 ��'I 223+00 224r00� STA 224+24 4 9. PROVIDE EIECTPoCAI TERMRlATION AT IRRICATION CON7ftOLLER. Q ,y; STA. 228+33 jfs� COORqtMTE WITH IRRIOATON CONTRAC7�R. w t 4 O�. 42 ry �O `4 �O 3 O Z 54 5 4 G 1 10. LIOHTINO UNIfS 42.48.50 4 54 SHALL BE PLACED (S' FROM BACK (n '9 :-E.� p O OF CURB WIIHIN 7HE MODIFlW MNNTENANCE STRIP SEE DEfNL d`` �4:Tt s S2 7 NI E/LE.OJ ON UNDSCAPE OEfNLS SHE ALL O7FIER IJ6HTpIG 1 ...3SW0�;� 36y00 �7 0 �38�00 te N f 33�DQ IMIf3 ON THS SHEEf SHALL BE PUCED 4.75' FROM B�CK OF i"�� aF." SiA 32+24 �'t 33 L+"�il 35+Bt STA 37+BB_ 1'� �H,jZ. WRB WI1FIIN 7F1E CONCREfE MA1NIEWWCE STRIP (SEE DEU� i )1 4 y o�; �.,l W 3/L8.03 ON IANDSCAPE DETAIIS SHEEf). r° f s�ce c�arrer� i i x LEGEND J I onsnec ucamra urR izo/x+av I —c�curt �n�e a F A uoHllr�o urM 8 I� BOLT qRCLE PER TMN UGMING UNT y ao� UNDER6ROlMD OISRdBUTION CIRCUIi IN CONDUR 21' OK CONCREIE fl�SE W 3/4' EXISIINO GRCIM IN CONWR I CHWFERED WOE. BRUSH FlMSN ALL ANCHOR BOIT BY POLE SUPPLIER FAD MdRAEO SEiMCE G�611�T E%POSED 9URFACF9 ul% JY43 iM0 CKVANIZED NIX NUfS AND i'I COLOREO (SEE UIHOSC�PE PVNS k Wti4HER3 PER ANCiWR BOLT. �11�— 23 OHM OItOIM� �'x4''y OETAILS FOR COIOR). 1— 10' CROUND RW I a/e ou. ca�� �reo ra�a.e I CROUNO ROD W17H CLAAIP AND %X UGirINO UNR Id11ABER NO. 8 BME COPPER WIRE SEE o PUN NR OROIkID ROb E CONWR SNB N 1AG710NS `+I e y LIGHTING TABULATION i� I I 11EM I UNIi TOTAL I I a� J lIOHfINO UMT IYPE SPECWI I EACH I 24 I l o LpHTINO UMT 7YPE SPECNL t I EACH I 28 I 9 LIOHfINO UNR 7YPE 9PECIA� 2 I EACH I 4 m LIOM BASE DESNiN E MDUIFlED I EACH I SE 2" NON-MEfALI1C CONDUIT I IJN Ff I IOJ29 2' NON�MEUWC CONDUR fDIRECTIONAL BOREI 1 UN FT I E70 I 2- N0. 13 BFRS 3' NON-NEfALL1C CONDUR I IJN fT I 33 I B' 0" lANO J" NON-MEfAlL1C CONOUR (DIRECTIONAL BORE7 I L1N fT I 225 I TOTAL 4 BPRS M UNDERGROUND WIRE 1 CONDUC70R N0. 1/0 1 LIN ff 1 2M I UN�ERCROIINO WIRE t CONOUCTOR NO. 4 I UN Ff 1 SB8S5 I I I/NDEqOROUNU WIRE i CONDUCTOR N0. 8 I LIN FT I 1T90.7 I J I IINDERONOUNO WIRE. 7 CONDUCTOR NO. 12 I LIN Ff 1 8671 Y SERVICE �p�E7 I EACH I 2 I y p• py�, I EUUIPMENT PAD I FACH I 4 I I HANOHOLE I EACM I 9 I ,�,QJjTING IJNIT "fYPE SPECIAL 1��GHTING UNIT TYPE SPE IAL 2 POLE BASE DETAIL Y LIGHTING UNIT iYPE SPFCI� �.+owFr ws ren w+osc�we wv+s i�r turrr nur nn ww N, s eicvam er �e an uwa w BASS LAKE ROAD STREETSGAPE OR�YN� �1 ONECf NO TuT I IN WLT 11CQIfDD .�l nsam uan ne u�n a.ic n.rt w wcsmw' pHOnE� 651.190.2000 8 REGIONAL TRAIL IMPROVEMENTS r'n.e No. nuioxco, JS3S y�ONAIS ceNren oa. LIGHTINGPLANS&DETAILS ertocr Kg T j ST. PAUL. AN 551 f 0 Bfi00KlYN CENTER �1N MEplEO� xw n. zoos e Ba3 SEH N0. i00l-1! m EZ NO.� OT oA/E REVIS1UNS paN� lh No. s.n. xe-�z s.�.n. x�-s�e49 I City Council Agenda Item No. lOd COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works S�� DATE: October 6, 2009 SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2009-21, Contract 2009-L, 2009 Capital Maintenance Building Plan Recommendation: Staff recommends that the City Council accept the lowest responsible bid and award a contract to Excel Companies, Inc. for the 2009 Capital Building Maintenance Plan, Contract 2009-L in the amount of 202,900.00. Background: On July 2, 2007, City Council authorized development of a long term Capital Maintenance Building Plan "CMBP" for the City's Public Buildings. On July 28, 2008, the City Council approved the 15-year plan and funding for the 2008 and 2009 CMBPs. Plans and specifications were prepaxed in 2009 for this project. Sealed bids were received and rejected September 8, 2009 for the 2009 Capital Maintenance Building Plan. The Project was re-bid and sealed bids were opened October 6, 2009. The lowest responsibie bidder is Excel Companies Inc., of Anoka, Minnesota in the amount of $202,900.00. The City's consulting architect evaluated the bids and recommended award to Excel Companies, Inc. (see attached letter dated October 6, 2009). Budget Issues: The 2009 CMBP project will be funded out of the Capital Projects Fund, Water Utility Fund and Sanitary Utility Fund. The bid amount of $202,900.00 is within the 2009 CMBP project budget ($306,990.00) including engineering /administration fees. The 2009 CNIBP project is anticipated to be completed by July 2010. 2008 Capital Maintenance Building Plan Bid Award Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTR.ACT FOR IlVIPROVEMENT PROJECT NO. 2009-21, CONTRACT 2009-L, 2009 CAPITAL MAINTENANCE BUII.,DING PLAN WHEREAS, pursuant to an advertisement for bids for Improvement Proj ect No. 2009- 21, bids were received, opened, and tabulated by a City representative and Bonestroo, Inc. on the Sixth day of October, 2009. Said bids were as follows: Total Bid Excel Companies, Inc. $202,900.00 Flag Builders of Minnesota, Inc. $218,700.40 Construction Results Corp, Inc. $284,590.00 Construct-All Co., Inc. $298,385.00 Morcon Construction Co., Inc. $304,490.00 WHEREAS, Excel Companies, Inc. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized to enter into a contract with Excel Companies, Inc. of Anoka, Minnesota in the name of the City of Brooklyn Center, for Improvement Proj ect No. 2009-21, using the Total Bid in the amount of 202,900.00 in accordance with the plans and specifications on file in the office of the City Engineer. 2. The total estimated project cost is $302,900.00 and project revenues shall be derived from the Capital Projects Fund, Water Utility Fund and the Sanitary Utility Fund. RESOLUTION NO. The estimated 2009 CMBP project costs and revenues are as follows: COSTS Bud�et As Amended ner Low Bid Contract 2009 CMBP $206,990.00 $202,900.00 Admin/Legal/Engr. $100.000.00 $100,000.00 Total Estimated Project Cost $306,990.00 $302,900.00 REVENUES Estimated As Amended ner Low Bid General Fund R�venue $205,490.00 $202,800.00 Utilitv Funds Revenue $101.500.00 L00.100.00 Total Estimated Revenue $306,990.00 $302.900.00 October 12, 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 2335 Highway 36 W St. Paul, MN 55113 Te1651-636-4600 Fax 651-636-1311 www.bonestroo.com October 6 zoo9 Bonestroo Honorable Mayor and City Council City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: 2009 Capital Maintenance Building Program Project City Improvement Project No. 09-21 City Contract No. 09-L Project No. 000412-09005-0 Bid Results Bids were opened for the Project stated above on Tuesday, October 6, 2009 at 9 A.M. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There were a total of five Bids received. The following summarizes the results of the Bids received: Contractor Tota/ Base Bid Low F�ccel Companies, Inc. $202,900.00 #Z Flag Builders of MN, Inc. $218,700.40 #3 Construction Results Corp. $284,590.00 #4 Construct-All Corp $298,385.00 #5 Morcon Construction, Inc. $304,490.00 The low Bidder on the Project was F�ccel Companies, Inc. of Anoka, MN with a Total Base Bid Amount of $202,900. This compares to the Engineer's Estimate of $206,027. These Bids have been reviewed and found to be in order. Excel Companies is in the process of completing a project with the City of New Hope that is similar in complexity to this project and their performance on the project has been timely and professional. Excel Companies has the experience, equipment and capability to qualify as the lowest responsible bidder for the project. If the City Council wishes to award the Project to the low Bidder, then Excel Companies, Inc. should be awarded the Project on the Total Base Bid Amount of $202,900. Should you have any questions, please feel free to contact me at (651) 604-4849. Sincerely, BONESTROO Bruce P. aulson, A.I.A. st. Paul st cio�d Enclosure Rochester Milwaukee Chicago City Council Agenda Item No. l0e 3 City of Brooklyn Center City Council Agenda Item Memorandum TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal Support Services DATE: 7 October 2009 SUB7ECT: Water Utility Conservation Rate Structure Recommendation: It is recommended that the City Council adopt a rate structure framework for a water conservation utility rate. Background: For 2010 water rates will undergo a two step change process. The first step is implementation of a mandated water conservation rate for all sales of water after 1 January 2010. Minnesota Statutes 103G.291 requires this change as adopted by the 2008 Legislature. The statute states that "a public water supplier serving more than 1,000 people in the metropolitan area, as defined in section 473.121, subdivision 2, shall use a conservation rate structure by )anuary 1, 2010." The statute also states that conservation rate structures may include increasing block structures, seasonal rates, time of use rates, individualized goal rates, or excess use rates. For Brooklyn Center's purposes, the increasing block rate is the recommended alternative. Most of the cities reviewed* have adopted a schedule of rates which increase the charge per unit of water (1,000 gallons or 100 cubic feet) used after a threshold of consumption is reached. At this time, Brooklyn Center charges the same rate per 1,000 gallons for all units of water used. In order to comply with the Legislative requirement for a water conservation rate by 1 January 2010, staff is recommending that the City adopt increasing block rates at the levels and charges as follows: 0— 30,000 gallons/quarter 1.29/1,000 gallons (current rate) 30,001 60,000 gallons/quarter 1.60/1,000 gallons 60,001 or more gallons/quarter 2.40/1,000 gallons The steps between tiers (30,000 gallons and 60,000 gallons) were determined to be reasonable consumption amounts per quarter based on residential usage. At this time, the change in the rate structure will have no effect on the customer using less than 30,000 gallons of water per quarter. For the 4th quarter of 2008, 72% of residential customers used 30,000 gallons or less, 19% used between 30,00]. and 60,000 gallons, and 9% used more than 60,000 gallons. The dollar amounts charged per 1,000 gallons of water are based on the current rate for the lowest tier, an increase of 25% for the second tier, as recommended in the attached DNR documentation, and a 50% increase between the top two steps, also as recommended in the attached DNR documentation. Following adoption of the new structure it will be submitted to LOGIS for programming and tested by our staff, a process expected to take several weeks. The rate structure will be initiated as of 1 January 2010. The second step will be to evaluate the unit charges in light of the 2010 capital improvements budget requirements. Any change recommended in the dollar amounts for 2010 rates will be presented to the City Council as part of the 2010 budget discussions on utility funds. The goal of the rate setting discussion will be to maintain revenues only as needed to complete the 15 year Capital Improvement Projects and keep cash reserves at adequate levels. Staff has begun collecting data about water consumption in order to reevaluate the tier levels for consumption. In addition, a base rate will be calculated and charged independent of the water consumption. As a result of this base charge, the per unit water rate would be expected to drop. The base rate would provide funding for the fixed costs of operating and ni char e would reflect the maintainin the water s stem while the er u t 9 Y p 9 marginal cost of producing and distributing each 1,000 gallons of water. r ss staff will ex lore a new s stem of rates for sanitary Followin that oce p Y 9 P sewer utility funding to replace the current fixed charge structure. Andover, Anoka, Apple Valley, Blaine, Coon Rapids, Crystal, Eagan, Edina, Farmington, Fridley, Golden Valley, Lakeville, Maple Grove, Minnetonka, Moundsview, New Hope, Ramsey, Richfield, Robbinsdale and White Bear Lake Financial impact: Programming costs for the project are part of the LOGIS service. There will not be any additional cost. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A WATER UTILITY CONSERVATION RATE STRUCTURE WHEREAS, the City of Brooklyn Center is required by Minnesota Statutes 473.121, subdivision 2, to adopt and implement a rate structure for water sales that will promote and encourage water conservation; and WHEREAS, the increasing block method of structuring water rates appears to be the most appropriate method for the City to implement such a requirement; and WHEREAS, the rate must be implemented no later than 1 January 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following structure for residential water rates is adopted for implementation on 1 January 2010: Residential Water: Base Rate: 9.03 0-30,000 gallons per quarter 1.29 per 1,000 gallons 30,001 to 60,000 gallons per quarter 1.60 per 1,000 gallons 60,001 or more gallons per quarter 2.40 per 1,000 gallons October 12. 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item Na. lOf i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Lee Gatlin, Fire Chief DATE: October 7, 2009 SUBJECT: Daycare Fire Inspection Fee Recommendation: I recommend that the City Fee Schedule be amended to include the addition of a daycare fire inspection fee of $50.00. Background: Current daycare licensing requirements for Hennepin County include the need for a fire inspection for family daycares located in residences that have an atta.ched garage, that plan to use the basement, that live in a multiple dwelling (apartment, townhome, etc.), or that have other related fire safety issues. By law, the State Fire Mazshal must conduct day care/foster care inspections where there is no local fire code inspector, or the local fire code inspector does not conduct these inspections. The fire inspections are conducted during the license approval process and are not conducted annually. Currently, the Minnesota Deparkment of Human Services records indicate there are 51 residences in Brooklyn Center with either an"Active" or "Conditional" da.ycaze License. The Brooklyn Center Fire Departrnent has been approved by the State Fire Marshal's office to conduct daycare inspections. Conducting these inspections locally helps to foster good working relationships within the community, educates the fire department of possible special hazards in the city and possibly helps to expedite the license process for the applicant. Budget Issues: It is anticipated this daycare inspection fee will generate approximately up to $3,000 in revenue annually and involve approximately 30 hours of staff time. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING FEES FOR DAYCARE FIRE INSPECTIONS WHEREAS, Minnesota Rules Chapter 9502 requires fire inspections for all new applicants for group family child care, as well as family child care residences under certain conditions, such as homes that use the basement for child care or family child care residences in mixed and multiple occupancy dwellings; and WHEREAS, Section 5-204 of the City Code of Ordinances authorizes the Chief of the Brooklyn Center Fire Department or any member of the Fire Departrnent designated by the Fire Chief as an inspector, to enter any building or premises for the purpose of making any inspection which the Fire Chief deems necessary to be made; and WHEREAS, the Fire Chief deems it necessary to inspect daycare facilities and to collect a fee to help recover the City costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the daycare fire inspection fee be established at $50 per inspection. October 12, 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION October 12, 2009 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Sister City Relationship Mayor Willson 2. Rental License Ordinance Amendment Review 3. Center Pointe Apartments Update PENDING LIST FOR FUTURE WORK SESSIONS, October/November 1. Strategic Plan Goals Outcomes Success Measures 2. TIF Districts Update 3. Brookdale Mall Update 4. 57th and Logan Update 5. Administrative Fines Update 6. Zoning/Code Enforcement Ordinance Amendments 7. Neighborhood Designations Later/Ongoing 1. Strategic Outcome Reports 2. Department Year End Reports 3. Legislative Update 4. Community Schools Update 5. 2011 Brooklyn Center Celebration Update 6. Ordinance Amendments Farmers Market 7. Firehouse Park Report 8. Group Homes Councilmember Ryan 9. Crime Free Housing Update 10. Community Gaxdens Work Session Agenda Item No. 1 City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE: October 8, 2009 TO: City Council FROM: Curt Boganey, City Manag��� SUBJECT: Sister City Relationship COUNCIL ACTION REQUIRED The Mayor has asked that this item be presented to the City Council for your review and consideration. BACKGROUND In July the Mayor and I met with Sarah Mendoabar, Mayor of Tappita City, Liberia. Mr. Kerper Dwanyen, the President of the Organization of Liberians, arranged this meeting and which time an offer to establish a Sister City Relationship with the City of Brooklyn Center was extended. Based on the request the Mayor has asked that this item be presented to the City Council for your review and consideration. The roots of the Sister City program are traced back to President Eisenhower as part of. the People-to-People citizen diplomacy initiative. As you will see from the materials attached a Sister City Relationship can take many forms. The variety of activities will vary greatly depending upon those who choose to be involved. Inherent in any Sister City relationship is the involvement of the local government, businesses and a wide variety of citizen volunteers. Monday night we expect that Mr. Kerper will be present to express the desire of many citizens who wish to establish this relationship with the City of Brooklyn Center. COUNCIL POLICY ISSUES Will the establishment of a Sister City Relationship contribute the Council Goa:s and long term interests of the City? Will the City have sufficient resources to participate in a Sister City Relationship? 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.cityofbrooklyncenter.org Tappita: City-Fact Sheet Demographics Population 12,000 District: 80, 000 High School: 4 Clinic:3 Retail shops: 21 Retail stores: 3 Resources Gold Diamonds Natural spring water National forest Fertile vegetation Wild Life Iron Ore Rubber Logging Needs Public utilities o Electricity o Sanitation o Sanitary drinlang water Education for community leaders o City counsel leaders o Police officers o Teachers o School principals o Nurses o Investors City Cleaning Equipment o Lawn mowers o Garbage trucks and disposal o Street layout assistance Reliable Healthcare Institutions for higher learning Management of land resources Narrative: Tappita was founded in th� mid 1800's as a trading post, selected for its central location in the country, easy accessibility to other ports, and its vibrant culture. The city of Tappita sustained substantial damages as a result of Liberia's Civil War. Many of its inhabitants were forced to flee for their safety. As peace has returned to Liberia, via a democratically elected government, the citizens have returned to rebuild their lives and are on the path toward the vibrant community it once was. The city government, natwithstanding resource constrains, is endeavoring to enable its residents to build their corrtmunity. City mayor Sarah Mendoabor is visiting the United States to mobilize resources for that purpose. She seeks to develop a sister city relationship with the purpose of information exchange, strengthening cultural and economic ties, and strengthening city governance capacity. Hundreds of Liberians of the city of Tappita live or have once lived in the city of Brooklyn Center. It is therefare a prime interest to the mayor and the city council to explore ways of enhancing the ties that already exist ln this light, the city of Brooklyn Center has been selected as a candidate for developing the sister city relationship. Mayor Mendoabor looks forward to engaging the process with the hope of its successful conclusion. Sister Cities International: An Introduction About Sister Cities International Why have a sister city? Why belong to Sister Cities International? How to get involved What makes a successful sister cities program? How to choose a sister city How to establish a sister city program How are local sister city programs funded? Sister Cities International Programs Sister Cities International Affiliations Policies Support Sister Cities International 5ister Cities International 1301 Pennsylvania Avenue, Suite 850 Washington, DC 20004 Tel: 202-347-8630 Fax: 202-393-6524 E-mail: info@sister-cities.org Web: ww�w.sister-cities.or� OUR MISSION Promote peace through mutual respect, understanding, cooperation one individual, one community at a time. ABOUT SISTER CITIES INTERNATIONAL Sister Cities International is a nonprofit, citizen diplomacy network that creates and strengthens partnerships between U.S. and international communities to increase global cooperation at the local level. Headquartered in Washington, DC, Sister Cities International promotes sustainable development, youth involvement, cultural understanding, and humanitarian assistance. As an international membership organization, Sister Cities International officially certifies, represents, and supports partnerships between U.S. cities, counties, states, and similar jurisdictions in other countries to ensure their continued commitment and success. The Sister Cities International network represents more than 2,500 communities in 137 countries around the world. Historv Sister Cities International traces its roots to 1956 when President Dwight D. Eisenhower proposed a people-to- people citizen diplomacy initiative. Originally part of the National League of Cities, Sister Cities International became an independent, nonprofit organization in 1967 due to its tremendous growth and popularity. Sister Cities International is unique in that it aims to increase global cooperation through long-term, mutually beneficial partnerships at the local level. It works to motivate and empower private citizens, municipal officials and business leaders and awaken them to the advantages—and increasingly, the necessity�f being internationally engaged. What we do Throughout its history, sister city programs have responded to rapidly changing global needs and realities. While Sister Cities International's mission initially focused largely on encouraging cultural understanding, it has grown to reflect the complex global realities and interconnectedness of our changing world. Today, sister city partners engage in a vast array of mutually beneficial, innovative and meaningful projects, including: Arts and Culture Healthcare Business and Economic Development Humanitarian Assistance Disability Awareness Municipal Training Education Public safety Emergency Preparedness Women in Leadership Environment Youth Involvement The programs undertaken in local sister city organizations are as unique as the communities themselves and the goals and needs within them. All programs, however, are rooted in the concept of personal exchange. Leaders in a global mission Sister Cities International is the sole, official U.S. counterpart of other international organizations that utilize the concept of town "twinning" to encourage global understanding and cooperation. Sister Cities International creates strategic partnerships with many of these organizations to help our mission gain momentum around the world. While different terms are often used to describe long-term partnerships between two communities (sister cities for the United States and Mexico; twin cities in Russia and the United Kingdom; friendship cities in Japan and China; partnerstadt in Germany; and jumelage in France), all denote the same concept promoted by Sister Cities International. WHY HAVE A SISTER CITY? As the world becomes increasingly smaller, communities face numerous opportunities—and challenges—that require a global perspective. A sister cities program enables citizens to become directly involved in international relations in a unique and meaningful way, bringing long-term benefits to both the U.S. community and its partner abroad. Whether linking with a metropolitan city in Germany, or a small village in Ghana, communities learn and grow as a part of its sister city partnership. On the most basic level, sister city relationships allow citizens to exchange ideas, gain an international perspective, and increase their understanding of global issues. However, many sister city programs go further, lending economic growth and development to both their home and partner communities, or humanitarian support to regions in need. While sister cities build the foundation for increased tourism, reliable business contacts, and cross-cultural awareness, they also foster a desire to reach out to the world's less developed regions and build personal bridges to world peace. WHY BELONG TO SISTER CITIES INTERNATIONAL? Sister Cities International assists cities, counties, states, and similar jurisdictions in other nations, in every phase of the twinning process. Communities interested in establishing sister city partnerships benefit from Sister Cities International's extensive experience and legacy in creating lasting, meaningful partnerships of all types around the world. Members remain in contact with knowledgeable staff eager to lend guidance and support to ensure the success of both budding and mature relationships. Members also benefit from the ability to network with other successful city-to-city partnerships. Sister Cities International's Annual Conference is specifically organized to aid members in this networking process. Sister Cities International members benefit from grants and programs initiated by the international office in Washington D.C. Sister Cities International's partnership with the Wheelchair Foundation, for instance, allows sister city communities to send wheelchairs to their counterparts abroad through a program called "Wheelchairs for Peace." Other programs have revolved around domestic violence prevention, local governance, and HIV/AIDS education and prevention. Two of our current programs are the Sister Cities International Network for Sustainable Development and the Youth and Education Network. To find out about these opportunities and many more, please visit the Sister Cities International Web site at http://www.sister-cities.org. Sister Cities International offers numerous member services including: Grants: Eligibility to participate in all Sister Cities International grant programs, such as: "The Sister Cities Network for Sustainable Development," "Wheelchairs for Peace," "Open World Leadership Program," "Africa HIV/AIDS," "Emergency Preparedness," and the Islamic student exchange program (YES). Publications: Subscription to all Sister Cities International publications, including quarterly issues of Sister Cities International Newsletter, a bi-weekly e-Newsletter, the annual membership directory, and instructional guides covering all aspects of local program development. State Coordinators: U.S. members receive support from a dedicated and experienced volunteer in the state, who will make personal visits to your community. State Coordinators supply a mentor element to communities that are interested in developing sister city partnerships but need advice on how to get them started. T'hey also offer their professional expertise to already-established programs that want guidance in developing or reorganizing their programs. Meetings and Conferences: Sister Cities International's Annual Conference provides an opportunity for sister city programs from around the world to network, learn about new innovations and share experiences. State Coordinators also hold regular meetings to provide these same opportunities at the state level. Awards Programs: Eligibility to participate in Sister Cities International's Annual Awards Program and the Sister Cities International Young Artist Competition, where your community can gain national recognition for your achievements. Insurance: Opportunity to purchase discounted supplemental medical traveler's insurance, board member liability insurance, and event insurance. Access to Sister Cities International's Web site at http://www.sister-cities.org, which features: ❖"Cities Seeking Cities" list, requests for sister city partnerships along with detailed community profiles and contact information for both U.S. and international cities Tools and techniques that promote outstanding sister city programs Contact information for sister cities around the globe Stories about local sister city partnerships, which reaches hundreds of people each day Updates on programs conducted by local sister ciTy organizations with support from Sister Cities International News about sister city programs around the world HOW TO GET INVOLVED Membershin Sister Cities International offers membership to U.S. cities, counties, states and territories, as well as international communities that have a recognized sister city relationship with a U.S. community. In addition, corporations, associations, businesses, educational institutions, and individuals are also invited to join the Sister Cities International network. Membership categories: Voting Members U.S. cities, counties, states and territories (including towns, villages, or incorporated areas of any size) International communities that have a recognized sister city relationship with a U.S. community Municipal associations Non-voting Members Corporations Nonprofit organizations Embassies Individuals Formin� a sister citv nartnershin Any official jurisdiction—whether it is a borough, village, township, city, county, state, or similar jurisdiction in other nations--can become a member of Sister Cities International and begin to build a sister city partnership. A sister city, county or state relationship becomes official with a signing ceremony of the top- elected officials of the two local jurisdictions, following approval by the local city councils (county commissions or state legislatures), as appropriate. However, your community does not have to have a sister city, or a sister city committee in place, to become a member of Sister Cities International. WHAT MAKES A SUCCESSFUL SISTER CITY PROGRAM? The strongest and most successful types of sister city programs incorporate the three main sectors of a vibrant, productive community, county or state: local government, business, and civil society/citizen volunteers. Successful sister city programs will have: Support and involvement from city hall and the business sector Broad-based support and involvement from the community Alliances with like-minded organizations Strong communication links Cross-cultural awareness Clear objectives Willingness to grow and take risks Regular, ongoing exchanges Even if your community lacks the resources to make trips between the two countries, there are a variety of low- cost exchanges that should continue to occur every year: An annual "state of the city" letter between the two mayors Exchanges of the cities' annual reports and city plans by officials at city hall Exchanges of children's artwork, letters or e-mails Periodic exchanges of interesting newspaper articles that show how society, technology, the environment, etc., are changing in your city Cultural festivals, movies or speeches that celebrate the culture of the sister city (foreign students or business people from the nation of the sister city can be guest speakers) HOW DO SI5TER CITIES FIND EACH OTHER? LOTS OF DIFFERENT WAYS! A city with a significant population from abroad will initiate a sister city relationship. For example, New Brunswick, New Jersey's large Hungarian-American population led to a link with Debrecen, Hungary. A number of sister city ties have been formed after a U.S. or foreign company opened a factory in a city abroad, or when two cities have very similar economic bases, such as two ski resort communities. Communities with the same name often consider partnerships. For example, Toledo, Spain, and Toledo, Ohio, are sister cities. Diplomatic staff at posts around the world, Peace Corps volunteers and business travelers often recommends matches, based on their knowledge of specific communities. The owner of Japan's Western Village, a theme park near Imaichi, Japan, visited Rapid City, South Dakota, after seeing the film "Dances with Wolves," which was filmed near Rapid City. As a result of this visit, the two cities developed a successful partnership. Many sister school, university, YMCA, or Rotary Club partnerships have developed into formal sister city links. Cities undertake sister city partnerships for humanitarian purposes, such as New Orleans partnering with Tegucigalpa, Honduras after Tegucigalpa was devastated by a hurricane. HOW TO CHOOSE A SISTER CITY Communities find each other in many different ways. It may be a top-down process, where two mayors meet and become friends, and then involve the rest of their community in the relationship. Or it could be a bottom-up process, where a group or individual in the community—an educator, businessperson, service club or ethnic association—takes the lead and organizes a sister cities committee and then requests that their elected leaders form an official partnership. Communities interested in building sister city partnerships can also utilize the "Cities Seeking Cities" section of Sister Cities International's Web site, which enables communities to "meet" by reviewing online profiles. Creating a sister cities partnership is like entering a marriage. It is a long-term commitment and thus requires a lot of "courting" to ensure that the best partner is chosen. In general, it is wise for cities to pursue a relationship with a community that is similar in geography, population, industry or interest. The following are some of the factors which should be taken into account when selecting a sister city. Keep in-mind that this is only a loose guide to assist in your search. However, while some cities choose their partner based purely on commonalities, others find greater success and fulfillment via the adage "opposites attract." Your choice depends entirely on your objectives: economic development, diverse cultural exchange, humanitarian assistance, etc. Overall factors to consider: Is there genuine interest on both sides? Is there a long-term commitment to the relationship? Is there adequate financial support for exchanges and maintenance of the relationship? If you are working with an underserved region, are you capable of covering expenses they might not be able to handle? Make a realistic assessment of what makes a successful sister cities relationship, and capitalize on the existing strengths of both communities. Remember that a desire to learn from and share experiences with a sister city can often balance the lack of similar characteristics with a potential partner. Look at the general characteristics of both communities: What the goals and objectives of each partner? Are there similarities in population, geographic location (mountains, desert, lake, or port), key industries, and ethnic population? Does the community already have existing linkages with other universities, businesses, YMCA, or Rotary clubs? Does the city have sister cities in other countries? Are they successful? What will be the role of the local government and the sister cities committee in the relationship? Look at economic issues: Socio-economic conditions Language/cultural patterns and barriers Market analysis of industries Investment climate/present investment levels Liberal versus restrictive trade climate Port city-port connections Invisible trade (education, high-tech, service, exports) Trade exchange potential Number of tourists Presence of foreign businesses/factories locally Local businesses engaged in international activity And political factors: History of diplomatic relations Present degree of cooperation between U.S. and international country in political, economic, commercial, and cultural fields Level of government bureaucracy Diplomatic presence Honorary consuls HOW TO ESTABLI5H A SISTER CITY PROGRAM Sister city programs are as unique as the communities developing them. Most local programs do fall within three main types of organizational structures: the association, the city commission, and the corporation. Association: An association is a group of people joined for a common purpose, often without a formal structure. Ordinarily it is not incorporated, but uses the same methods and forms used by corporations. This type of structure is usually found in small to medium-sized cities with an informal sister cities program, as well as among programs with little community-wide fundraising or funding. City Commission: A city commission is put together formally by municipal ordinance and carries out its functions as an arm of city government. The mayor usually appoints the members of the sister cities commission, and the commission is responsible for affiliation policy and direction. Corporation: The corporation is a legal entity with its own name. It is made up of individuals that must follow S the laws regarding corporations. Sister Cities International strongly suggests incorporation of sister city programs, and applying for tax-exempt status under the statute 501(c) (3) of the IRS tax code. HOW ARE LOCAL SISTER CITY PROGRAMS FUNDED? Local sister city programs fund themselves in various ways. Many, if operating as part of the city commission, receive funding from their city budget. Others, operating as voluntary citizen organizations, rely on membership dues, fundraising campaigns (ranging from bake sales to black tie galas), and other community- based donors willing to support the mission of the sister cities organization to support their activities. Local program budgets vary accordingly, from hundreds of dollars to millions, depending on the community, their structure, and their program goals. YOU'VE FOUND A COMMUNITY THAT YOU WANT TO BE YOUR PARTNER—NOW WHAT? Once two communities have found each other, it is very important that they not rush the formalization process. Sufficient time should be taken to develop a strong base of support for the partnership in both communities: The two communities should share information, including their best brochures, city reports, and videos, if available. Each community should develop strong. city hall and business support and, most importantly, a broad- based committee made up of a wide-range of citizens interested in supporting the partnership. This committee should not consist of only one ethnic group, nor be dominated by a single individual. Official delegations should visit both communities, including, but not be limited to: the mayor (or another high ranking city official); representatives of the business community; the aeting president, chair and/or city liaison for the sister cities program; an educator; and a person or group to highlight local culture, such as a performing artist. It is often desirable to carry out a specific, substantive exchange or project of interest to both sides prior to formally linking as sister cities. Examples include an exchange of children's artwork, an internship involving city officials focused on city planning or the environment, hosting a business delegation, and/or a cultural arts performance. SISTER CITIES INTERNATIONAL PROGRAMS As part of its mission, Sister Cities International administers a number of international-level programs for the sister cities network: Sister Cities International Annual Conference The Sister Cities International Annual Conference is held every summer and is an excellent opportunity for dedicated sister city volunteers, elected officials, professionals and international colleagues to network and learn from one another. The conference includes interactive workshops, invigorating speakers and international events. It is held in communities where the sister cities movement is strong and thriving. Youn� Artists Comnetition Sister Cities International's "Young Artist Competition" aims to encourage youth, ages 13 through 18, from all parts of the world to express, through original artwork, their concept of the sister cities' mission through the competition's yearly theme. The artwork is judged on the basis of originality, composition, and theme interpretation. Winning entries are e�ibited each year at the Sister Cities International Annual Conference and then are on display in various sister city communities across the country. Sister Cities International Annual Awards Prosram Sister Cities International established the Annual Awards Program in 1962 to recognize exceptional sister city programs. A distinguished panel of judges reviews the programs, and the winners are honored at the Sister Cities International Annual Conference. Awards are given in the following categories: Best Overall Program Population less than 25,000 Population 25,000 to 50,000 Population 50,000 to 100,000 Population 100,000 to 300,000 Population 300,000 to 500,000 Population greater than 500,000 Innovation Arts Culture Economic Development Education Environment Healthcare Humanitarian Assistance Municipal Cooperation Public Safety Sports Technology Communication Youth Disability Ad�ocacy and Awareness Volunteer of the Year CURRENT PROJECTS Beyond the programs listed previously, Sister Cities International also administers a number of special initiatives: Wheelchairs for Peace: Through a partnership with Sister Cities International, the Wheelchair Foundation and local Rotary clubs, sister city members can send wheelchairs to their partners abroad. For more information, please go to our Web site at: http://www.sister-cities.org/sci/Wheelchairs. The Open World Leadership Program: Sponsored by the Open World Leadership Center at the Library of Congress, aims to promote ideas of accountability, transparency, and citizen participation in government by bringing Russian, Ukrainian and Uzbek elected officials, political candidates, and emerging political and civic leaders to the United States. The program is being administered by the Academy for Educational Development with Sister Cities International as a sub-grantee. Sister Schools: Initially sponsored by the Hewlett Packard Company, this program gives schools and classrooms in the United States opportunities to "partner" with a school or classroom in another city. Through sister school partnerships, this program emphasizes the role of schools in increasing international knowledge and cross- cultural understanding of students around the world, as well as helping them to become informed and concerned citizen diplomats. Sustainable Development Network: The Sister Cities Network for Sustainable Development is a network of sister city partnerships dedicated to responding to the challenges of achieving sustainable urban development. A current project is the "Waging Peace in our Communities" program which provides resources for four U.S. sister cities and their partners in France to share information on integrating immigrant populations in their communities. Youth and Education Network: This network is committed to promoting and supporting youth programming and youth participation in the sister city movement. Sister Cities International is a sub-grantee to AYUSA Global Youth Exchange Program to develop and implement a week-long intensive leadership program for Islamic students. SISTER CITIES AFFILIATIONS POLICIES Only dues-paying members in good standing with Sister Cities International will have their sister city partnerships formally certified and recognized by Sister Cities International. New affiliations will be considered official only when Sister Cities Internatianal has received copies of the sister city agreement(s). Sister Cities International will consider a relationship to be active unless notified otherwise. It will provide guidance in periodically evaluating a relationship. Sister Cities International will also assist in revitalizing a relationship or in terminating a relationship, if the partners agree it is not working out. Inactive partnerships may be designated as being in "Emeritus Status." Under this category, relationships which are no longer active will still be honored. Sister Cities International will recognize sister city affiliations in countries where formal U.S. diplomatic relations have not been established, provided that the U.S. government has at least an "Interest Section" operating in that country and provided that no federal funds are used by Sister Cities International to support the affiliation. SUPPORT SISTER CITIES INTERNATIONAL Your support helps Sister Cities International fulfill its mission of creating and strengthening community partnerships around the world. Sister Cities International is a 501(c) (3) organization, and contributions from individuals, corporations and other organizations are tax deductible to the extent allowable by law. You can honor a birthday, anniversary, holiday, or the memory of a special person with a gift to Sister Cities International. An acknowledgement will be sent to the person of your choice. Sister Cities International also accepts donations of stock. For more information on supporting Sister Cities International, contact Amy Burchiel at aburchiel@sister- cities.org. Or, send donations to: Sister Cities International Sister Cities International Annual Fund 1301 Pennsylvania Ave. NW, Suite 850 Washington, DC 20004 Please visit our Web site at http://www.sister-cities.org for more information on sister city programs in your community. r f k 2009 Membership Application Annual Dues ($US) City/County Population Dues City/County Population Dues Non-Voting Members Dues More than 1,000,000 $1,965 5,000- 10,000 $250 Corporate $1,000 500,000- 1,000,000 $1,665 Under 5,000 $150 Nonprofit Organizations $600 300,000- 500,000 $1,190 Embassy $500 100,000- 300,000 $880 Other Voting Members Individual $50 50,000- 100,000 $680 State Govemments $1,260 25,000- 50,000 $510 Municipal Associations $1,000 10,000- 25,000 $360 Global Members �140 Membel'Shlp C8t¢gOI')' PlearePrrntorType City Q County o State o Global Member Municipal Association a Corporation Embassy a Individual City County State Country Yopulaz�on Corporation Name lndrvidual Name Daze of Apphcation Member Information Primary Contact Name TiUe (hganizaz�on Address City State L�p Country Phone F� E-mail address Please list any existing sister city/county/state relationships: Billing Information (if different from member information) riwmg Contact �Lrtle Organization Address City SWte Z�p Country Phone F� �mail address Payment Method: Check (Make payable to Sister Cities Intemational) o Visa Mastercard American Express Card No. ExpiraUOn Date CC Security Code Cardhotder Name Cardholder Signature Honorary Chairman President of the United States 1301 Pennsylvania Ave, NW Suite 850 Washington, DC 20004 202.347.8630 Fax 202.393.6524 •�uww.sister-cities.or� r 1 What Are Sister Cities? Information for U.S. and International Communities What is Sister Cities International? What is a Sister City, County or State Relationship? What is the Difference Between a Sister City and a Friendship City? How Do Sister Cities Find Each Other and Develop a Relationship? Important Factors for U.S. Communities to Keep in Mind When Developing a Sister City Partnership with a City Abroad Important Factors for International Communities to Keep in Mind When Developing a Sister City Partnership with a City in the United States What Do Sister Cities Do? What Makes a Successful Sister City Program? SCI Affiliations Policy �isr�� (;��s Ih�t��A'�rUN�� 1301 Pennsylvania Avenue, NW, Suite 850 Washington, DC 20004 USA Phone: (202) 347-8630 Fa�c: (202) 393-6524 info@sister-cities.org www.sister-cities.org What Are Sister Cities? What is Sister Cities International? Sister Cities International (SCI) is the national headquarters for sister city, county and state prograrns in the United States. The U.S. Sister Cities program traces its roots to 1956 when President Dwight D. Eisenhower proposed a People-to-People citizen diplomacy initiative. Originally a part of the National League of Cities, SCI became a separate, non-profit corporation in 1967 due to the tremendous growth and popularity of the U.S. program. For almost 50 years, SCI has empowered citizen diplamats as they engage in meaningful international exchange programs. SCI assists cities, counties and states with every phase of the twinning process, providing support, networking and outreach for current and future sister city programs. SCI organizes an Annual Conference and other state and international meetings; publishes monthly newsletters and other materials that support the work of sister cities; and administers a wide variety of public and private sector grant projects. These projects include everything from municipal training and community problem solving, to exchanges of inedia managers, thematic youth exchanges and professional internships focused on a volunteerism, aging, healthcare, public safety, the environment, and more. What is a Sister City, County or State Relationship? A sister city, county or state relationship is a broad-based, o�cially approved, long-term partnership between two communities, counties or states in two countries. A sister city, county or state relationship becomes official with a signing ceremony of the top-elected officials of the two local jurisdictions, following approval by the local city councils (county commissions or state legislatures), as appropriate. Sister city partnerships have the potential to carry out the widest possible diversity of activities of any international program, including every type of municipal, business, professional, educational and cultural exchange or project. Sister city programs are also unique in that they inherently involve the three main sectors in a community: local government, businesses, and a wide variety of citizen volunteers (and civil society or non-profit organizations). What is the Difference Between a Sister City and a Friendship City? Various terms are used around the warld to describe a long-term partnership between two communities: sister cities (United States, Mexico), twin cities (Russia, United Kingdom), friendship cities (as with relations between Japanese and Chinese cities), partnerstadt (Germany), and jumelage (France) all denote the same concept of partnered communities. Although "sister cities" is the commonly used term in the United States, some U.S. cities have formed "friendship city" relationships with communities abroad. Often, there is no difference between these terms. For example, a"friendship city" relationship might be more active than a"sister ciTy" relationship. If there is a difference in meaning, it is that "friendship city," in the United States tends to refer to a partnership that is slightly limited in scope. SCI encourages U.S. communities to use the term "sister city" instead, unless there is a specific purpose for limiting the range of the partnership. The most important thing is that these relationships should not 2 be entered into casually; there must be a commitment to develop support from your city hall and community as a whole for the affiliation, keeping it active, with substantive programs, over the long- term. How Do Sister Cities Find Each Other and Develop a Relationship? Cities find each other in man different wa s. Sometimes it is a to -down rocess, wh ere two ma ors Y Y P P Y meet and become friends, then involve the rest of their community. Other times, it is a bottom-up process where a group or individual in the community, an educator, a businessman/woman, a service club or an ethnic association, take the lead and organize a sister city committee, then request that their elected leaders form an official partnership. Some cities link because they share the same name, or celebrate the same famous festival. Charming odd coincidences or chance meetings sometimes also lead to a sister city affiliation. SCI also acts as a matchmaker, utilizing its "Cities Seeking Cities" section of the International ies to "meet" one another b reviewin Communi Resource Center ICRC which enables communrt y g tY on-line profiles. All communities, both U.S. and international, must complete a"Request for a Sister City" form in order to participate in this on-line service. In general, it is wise for cities to pursue a relationship with a community that is as similar as possible in terms of geography, population, industries and interests. On the other hand, there are many successful "marriages" of opposites. Here are some examples of the different ways that communities find each other: New Brunswick New Jerse has a lar e o ulation of Hun arian-Americans. This common ethnic Y g P P g heritage was the central factor in New Brunswick linking with Debrecen, Hungary. Similarly, African Americans form the core group of the Portland, Oregon Mutare, Zimbabwe Sister Cities Committee. A number of sister city ties have been formed after a U.S. or foreign company opened a factory in a city abroad, or when two cities have very similar economic bases, such as two ski resort communities. Also, sister cities can be sister ports, as with Seattle, Washington and Kobe, Japan. Communities with the same name often consider partnerships. Toledo, Spain and Toledo, Ohio are sister cities, for example. Even Horseheads, New York found a city with the same name in Japan. The Chinese characters used in Bato, Japan (BA-TO) mean "Horse-head(s)." Diplomatic staff at post around the world, Peace Corps volunteers and business travelers often contact SCI regarding communities they are aware of which share interests and would be perfect matches for one another. The owner of Japan's Western Village, a theme park near Imaichi, Japan, visited Rapid City, South Dakota after seeing the film "Dances With Wolves," which was filmed near Rapid City. As a result of this visit, and the contacts made, the two cities developed a successful partnership. An elementary school class in Washington State lobbied the mayor of Gig Harbor, Washington, to find a sister city after learning about the concept from their teacher. Many sister school, university, YMCA, or Rotary Club partnerships have developed into a formal sister city link. 3 Once two cities have found each other, it is very important that they not rush the formalization process. Sufficient time should be taken to develop a strong base of support for the partnership in both communities, including: The two cities should share information, including their best brochures, city reports, and videos, if available. Each community should develop strong city hall and business support and, most importantly, a broad-based committee made up of a wide-range of citizens who are interested in supporting the partnership. This committee should not consist of only one ethnic group, nor be dominated by a single individual. Official delegations should visit both communities. These official delegations should include, but not be limited to: the mayor (or another high ranking city official); representatives of the business community; the acting president, chair and/or ciry liaison for the sister city program; an educator; and a person or group to highlight local culture, such as a performing artist. It is often desirable to carry out a specific, substantive exchange or project of interest to both sides prior to formally linking as sister cities. These projects then become a concrete success story to build on a statement that the program will be active and meaningful for both sides. Such first exchanges could include an exchange of children's artwork, an internship involving city officials focused on city planning or the environment, hosting a business delegation, and/or a cultural arts performance. Important Factors for U.S. Communities to Keep In Mind When Developing a Sister City Partnership with a City Abroad City Hall Vs. Citizen Volunteers In most countries in the world, sister city programs are formally managed by an international relations division or some other official representative at city hall. There are obvious historical and practical reasons for this, such as centuries of cultural influence of Confucianism in East Asia, or a history of greater central control of local government in Indonesia or the NIS. The United States, with its tradition of more individualistic volunteerism, is more the exception than the rule. It is therefare critical, as a matter of basic protocol and to tap the full potential of their sister city program, that the local government in the U.S. city maintains an active interest and involvement in the sister city programs. In practical terms, this means the mayor taking time to visit with delegations; designating a contact person/support staff for sister cities at city hall; both sending and hosting selected city officials for substantive municipal exchanges and training involving local government themes, such as the environment, public safeTy, or city planning; and minimal support for administrative costs for the volunteer committee. At that same time, U.S. communities need to request that their counterparts abroad set up a committee of interested volunteers in their community, if they do not already have one. U.S. mayors can be effective in communicating the need for more citizen participation in their sister city. Also, U.S. leaders need to clearly communicate to their counterparts that they have designated their volunteer committee be the official arm of sister cities in their ciTy. 4 Resources It is sometimes the case that the more ci hall-driven ro rams in international cities even in tY P g developing countries, have more resources for sister cities than their more volunteer-based U.S. counterparts. If this is the case, the U.S. committee will need to make sure to tap their city's full potential for fundraising through city hall support, major corporate support, recruitment of additional individual members, appropriate service fees, and fund-raising events that have an impact. Clarifying Objectives There is often a very strong interest in "economic development" on the part of international cities who are seeking a U.S. partner. While U.S. cities also have an increasingly strong interest in this area, both will need to carefully discuss with each other exactly what they mean by "economic development." In many cases, a compromise will have to be reached between those interested more in business activities, versus educational and cultural exchanges. It is not an either/or situation both educational and cultural exchanges, as well as opportunities to explore economic development should be part of a great sister cities program. Cultural Differences When U.S. cities host groups from abroad, the tendency is often to be informal. While this has its own unique charm and appropriateness, it is important to recognize the expectation of many international guests for more formality. It should be a given, for example, that any international guest be offered a drink (e.g. coffee, tea) when first arriving, since this is the standard custom in almost every city or village in the world. Distinguished, high-ranking officials from abroad need to be formally recognized as such rank and seniority are very important in many cultures. Language More often than not, English is the mode of communication in international meetings. Americans need to be highly sensitive to the difficulties faced by non-native speakers since we are usually foriunate to have our language in use. For non-native speakers Explain key vocabulary words and concepts in advance Give easy-to-understand summaries and clear analogies and metaphors for long explanations Give time to formulate questions Build in opportunities for rest listening to a foreign language is hard work Provide quality interpretation and/or translation when critical for deeper understanding, and Make every effort to learn as much as possible of the language of your sister city three new words a day should be considered a minimum to be a true global citizen. 5 Important Factors for International Communities to Keep In Mind When Developing a Sister City Partnership with a City in the U.S. Volunteerism If your sister city program is administered directly by the local government in your city, then you will need to be fully acquainted with the U.S. system of volunteerism. There is a lot of variety with regard to how sister city programs are structured in the United States, but here is the typical framework: Mayor as Honorary Chair. The mayor's level of interest in the program will vary from city to city and mayor to mayor in the United States Staffperson at city hall or the "Liaison to the Sister Cities Committee. The level of administrative and programmatic involvement by this person also varies from city to city. This position can be found in a wide variety of departments, such as the mayor's office, the economic development department, international relations office, the city manager's office, the parks and recreation department ar the cultural affairs department. Executive Director or Coordinator of the non profit organization "Sister Cities. Some cities have a full-time or part-time non-ciry hall staff person to administer part of the work of the program. This person works on behalf of the legally incorporated Sister Cities non-profit organization (on behalf of the city government and the various volunteer committees). President and Board Members. Many cities have an overall president of their sister cities program. These people are volunteers who rise up to these leadership positions inside the volunteer sister city program. Committee Chairs and Individual Yolunteers. Many/most U.S. cities have chairmen or chairwomen of each of their sister city committees. Almost all U.S. sister ciTy programs are heavily dependent on many volunteers to support their program. Funding You need to realize that most local governments in the United States do not have large budgets for international affairs that volunteers are the backbone of most U.S. sister city programs. In general, this has to do with a long tradition in the United States of local self-government (the federal system of national-state-municipal levels of government) and the common suspicion of what some perceive as "big government." Some local governments in the United States do not contribute any funds at all to their local sister city programs, which means that all sister city program efforts will be carried out by volunteers, requiring a great deal of their time and many out-of-pocket expenses. Although the receptions you receive from your U.S. hosts may not be as fancy (expensive) as what you can provide, you should show appreciation for the hard work and many sacrifices made by individual U.S. volunteers, and for any sponsorship by U.S. businesses which support sister city events. The United States is a Big Country The United States is a very culturally, geographically, ethnically and religiously diverse nation. An experience you have with one person, city, neighborhood or region may not be the same elsewhere, so keep an open mind and continue learning about the complex society, history, politics and cultures of the United States. You may also, at some point in your interaction with your sister city, work with women, minorities and people with disabilities in prominent leadership roles. 6 Americans are More Informal Generally speaking, Americans can be quite informal and direct compared to people from other cultures. Americans tend to value clear, direct communication. If something is bothering you, they will expect you to tell them. Most Americans are uncomfortable having to "read someone's mind." We say: "The squeaky wheel gets the grease." Be certain to communicate and clearly explain what is polite and expected in your culture and why and try some American customs as well! What Do Sister Cities Do? Sister city programs inherently involve a unique kind of partnership and involvement of the three main sectors of a vibrant, productive community, county or sta.te the local government, business and private voluntary sectors (civil society or non-profit organizations and individual citizen volunteers). Sister city programs, perhaps more than any other international program, involve the widest possible diversity of exchanges and projects. Basically, anything that goes on in a community can become and has, in one city or another the subject of a sister city project, including healthcare, environment, arts, education, economic and business development, public safety, municipal training, youth, and much more. What Makes a Successful Sister City Program? 1. Solid support and involvement from: City Hall the mayor as honorary chair; a staff person designated at city hall to support the sister city program; direct involvement of various city departments in municipal, economic development, technical, public safety or other exchanges; various direct and in-direct (in-kind) support for sister city activities, such as assistance with administrative costs and receptions. Business sector, with an opportunity for both corporations and small businesses, as well as individual business people, to contribute their time and/or financial or in-kind support. The local Chamber of Commerce and other key organizations should also be actively involved in the sister city program. 2. A broad-based sister city committee: The best long-term indicator of success for a sister ciTy program (since elected officials come and go) is a broad-based sister city committee, made up of many individual citizens who are enthusiastic supporters of the sister city program. Every effort should be made to recruit people from various professions, a youth delegate, people from different ethnic and religious groups, both women and men, and people with disabilities. Citizen volunteers in the United States and abroad contribute an enormous "cost share" to the local program through their time and various out-of-pocket expenses, including annual individual and family membership fees, travel expenses abroad and hosting expenses at home. 3. Forming alliances: To maximize limited resources and the potential outreach and impact of the sister city program in the community, every effort should be made to form additional alliances within the overall sister city program, such as sister schools or twinned Rotary and Lion's clubs. 4. Excellent communication link.s.• 7 It is essential to have excellent communication links, including reliable phone, fax and Internet communications, with back up fax and phone numbers when necessary. Fax machines should be kept on at night. Communication from a sister city should be responded to immediately to maintain good relations. Even if a decision concerning a proposal has not been reached, a quick reply saying, for example, "Thank you for your fax we will respond to you after our meeting next month," should be sent promptly, acknowledging receipt of an important proposal or letter. 5. Sensitivity to cultural differences: Sister City projects should be reciprocal and jointly planned, executed and evaluated. Also, there needs to be time built into actual exchanges for cross-culturally sensitive feedback to avoid serious "culture bumps." Formal time for cross-cultural discussion, to learn about more c�mplex layers of culture, such as the changing role of women in society, child rearing methods or how decisions are actually made in local government or businesses, should be built into all exchanges and projects. 6. Clear objectives: To maintain excellent, two-way communication and to keep the program active, it is important that cities meet at least every other year to develop a Memorandum of Understanding about what they plan for their partnership, including frank discussions about areas of interest, realities of budgets and other important details in carrying out proposed exchanges or projects. 7. There are a variety of low-cost exchanges that should occur every year, even if it is not possible to have a physical exchange of people. Some suggestions are: An annual "state of the city" letter between the two mayors Exchanges of the city annual reports and city plans by officials at city hall Exchanges of children's artwork, letters or sister school programs through the Internet Periodic exchanges of interesting newspaper articles that show how society, technology, the environment, etc. are changing in your city Cultural festivals, movies or speeches that celebrate the culture of the sister city (foreign students or business people from the nation of the sister city can be guest speakers). 8. Regular exchanges: It is essential to agree on regular, sustainable exchanges of people that will take place every year or, at the very least, every other year. There are many possibilities for this, including teacher and student exchanges, municipal internships for city officials in key fields, young business leader internships sponsored by the Chamber of Commerce, or participation at the largest annual festival in the sister city. 9. Willingness to take risks: All relationships, like friendships, need to take a risk once in a while with a larger or more ambitious project, to stay fresh and to achieve their full potential. Such projects require a high degree of planning, fund raising, and time and effort, but they also can be a very positive, life-transforming experience for all involved. SCI Affiliations Policy The SCI Board of Directors has recently made some significant changes to SCI's affiliations policies. The policies now in effect are: 8 Only dues-paying members in good standing with Sister Cities International will have their sister city partnerships formally recognized by SCI. New affiliations will be considered official only when SCI has received copies of the sister city agreement(s). SCI will rec iz m ni o e a new sister ci affiliation between a U.S. and an international com u tY tY even though another affiliation may exist between that international community and a different U.S. city, only if a cooperative agreement among all involved cities is filed with SCI. SCI's existing policy of U.S. cities affiliating with only one sister city partnership in an international country still applies. SCI will consider a relationship to be active unless notified otherwise. SCI will provide guidance in periodically evaluating a relationship. SCI will also assist in revitalizing a relationship or in terminating a relationship, if the partners agree it is not working out. Terminated agreements may be designated as a"Sister City Emeritus." Under this category, relationships which are no longer active will still be honored, but the international city will be available for another sister city partnership. SCI will recognize sister city affiliations in countries where formal U.S. diplomatic relations have not been established, provided that the U.S. government has at least an "Interest Section" operating in that country, and provided that no federal funds are used by SCI to support the affiliation. The only country immediately affected by this policy change is Cuba. SCI will now officially recognize U.S.-Cuba sister city affiliations, upon receipt of a copy of the signed sister city agreement. 9 Formina a Sister Cities Committee Mission/Statement of Purpose: Exam I�e Promote greater understanding and respect between the citizens of Washington, DC and Rome, Italy, by enriching the cultural and economic resources of each city through the planning and impiementation of programs that foster mutual understanding, respect and goodwiil. Goals: Exam I�e A not for profit 501 (c) (3) organization with bylaws filed in... To develop exchange, program, and/or activities between Washington, DC and Rome, Italy To serve as hosts and international guides to our Sister City delegations To organize accommodations and/or home-stays for international delegations To provide financial assistance to support Sister City exchanges Objectives: Exam I�e 1. Support intemational trade and economic partnerships between Washington, DC and Rome, Italy 2. Promote international tourism 3. Support increased understanding of international health and education issues 4. Support artistic and cultural exchanges and partnerships Potential Projects and Initiatives: Exam I�e Art Exchange Economic Development Youth Exchange Officers/Committee Chairs Membership Qualifications for serving on Committee: Exam I�e 1. 2 members must live or work in The District of Columbia 2. Must submit formal application including resume, bio, etc... Length of Term: Exam I�e The 3 members serve for 4 years and until their successors are appointed. Terms expire December 31 of the appropriate year. Meeting Schedule: Exam I�e The Committee meets on the first Wednesday of every other month at 12:00 noon... Time invoived: Exam I�e Approximately 1 hour per meeting. Additional time commitment may be required for related activities. Financial Disclosure Requirements Compensation Staff or Umbrella Organization: Exam I�e Government of the District of Columbia, Office of the Secretary, Office of Protocol and International Affairs u M How TQ Build A Sist�r Citi�s Program In Your Community What is a sister c:ity? V�hy have a sister city? What to do first? Everyone'can participate Projects you can do �t:�r`�"� �.15�T�R�Ai'I�1T�� 1361 Peimsyivania Avernze, NW, Suite 850 Washington, DC 20404 USA. Phone: �,2D2� 347-8630 Fax: (242) 393-652A. info�u s�ster=cities.org vvww.:s�ster-citie�or.g How to Build a Sister Cities Program In Your Community i What is a sister city? When a community of any size or character joins with a community in another nation to learn more about the other and to develop friendly and meaningful exchanges, the two may propose a formal affiliation leading to official designation as "sister cities." The ideal affiliation involves a large number of citizens and organizations in both communities engaged in continuing projects of mutual interest. This interchange helps to further international understanding at all levels of the community on a continuing long-term basis. Within the program, cities and their citizens exchange people, ideas and culture in a variety of educational, municipal, professional, technical and youth projects. The sister city program was launched at a White House conference in 1956 when President Dwight D. Eisenhower called for massive exchanges between Americans and the peoples of other lands. Hundreds of American cities responded to that call, and today are carrying out meaningful exchanges with their partners in 135 nations around the world. Why have a sister city? A sister city program enables the citizens of both communities become directly involved in international relations in unique and rewarding exchanges which benefit everyone. It enables all who participate to: Exchan e ideas and develo friendshi with their counte arts in another culture on a direct ersonal basis. g P P �P P Establish an identity as members of the global family involved in the constructive process of building world peace. Develop a way for the many and diverse elements of each community to come together to enjoy and profit from a cooperative program. Open new dialogues with the people of another culture to find unique solutions to improving the quality of life of all citizens. Participate in a program with a real partner in another country so all members of the community can feel they .are contributing to international understanding in a direct personal way. Better understand their own community by interpreting their way of life to the people of another culture. What to do first? Hundreds of communities around the world of all sizes have discovered the rewards of participating in an international program where each and every member can realize deep personal satisfaction and benefits. Your community can join this growing movement, but you should first develop support for the idea in your own community. This can be easy and fun. And, you will have a lot of help from Sister Cities International (SCI), the national membership association for sister city programs in the United States as well as from hundreds of volunteer leaders across the country who are available to share their experiences with you based on their own participation in the program. i 2 The sister city concept, like all good programs, must have broad support and understanding if it is to succeed. If your community understands the program, it can succeed and the rewards will be well worth the effort. Once you've secured community-wide support for a sister cities program, begin your search for a partner. Nearly every member of your community, young or old, belongs to some kind of organization or another. Nearly everyone works in a business or industry, has a hobby, goes to school, belongs to a service or professional society, or volunteers his or her time in any number of local organizations which can be linked to counterparts in another country. Thus, the linking of skills, crafts and interests of people and organizations in both cities can enrich your newly formed sister ciry committee, open new avenues for program adventure, and secure the initial contacts you' 11 need to find an appropriate partner community. No cata.log could possibly list all the ways in which sister cities operate as the varieties of exchanges are only limited by the imagination and resources of the two communities. Two principal objectives to keep in mind when planning your activities axe: You don't establish and maintain friendships by a single effort. It requires continuing activity. You do establish such continuity by a broad base of activity in which many people and organizations participate. Everyone can participate The concept is simple once two communities have taken the initial step of actually affiliating as sister cities. A catalog of organizations should be developed which will give you an idea of the potential areas of exchange possible. Don't forget to include your schools, hobby groups, business and professional organizations, scouting groups, service clubs, and so on. This list can then be sent to your partner to determine which organizations they have in their community to match yours. In some cases, a similar organization won't exist. Perhaps you can start one. Sister city programs must always strive to ensure that each project undertaken by its members reflects the diversity of its network. Specifically, you should promote the inclusion of ethnic and racial minorities, people with disabilities, youth, women and people of diverse socio-economic status in all sister city activities. Each project should be pianned with the knowledge that each person will be able to individually become a part of a person-to-person organization-to-organization city-to-city approach to citizen diplomacy. Above all, remember that the uniqueness of the sister city program is that it is two-way. The give and take is shared by both communities through planned and continuous contact. Projects you can do Sister City programs and projects are developed out of mutual desires and interest. There is no cut-and-dry pattern. Through visits and exchange of correspondence, cities discuss the types of projects they would like to carry out. When one or more projects are agreed upon, the program is developed and can take place. I As you start out, send promotional materials (e.g., photographs, brochures, videos) to offer a comprehensive introduction to your community. Remember, language barriers can be overcome very easily through simple visual presentations. Your new partner city may want to publish these in their local newspaper. You should ask 3 for photos and news of the city as well so your local newspaper can acquaint your own citizens with your sister city. The following are some of the types of projects which have been carried out successfully by other communities. The projects you choose may be more comprehensive than this brief list, depending upon your resources and ingenuity. Exchanges of visitors, officials, prominent citizens, musicians, students, teachers, professionals, media, radio and TV, labor, etc. Organized tours, including hospitality and ceremonies for visiting groups. Club affiliations, such as the development of relations between such groups as Rotary, Lions, Boy and Girl Scouts, women's clubs, hobby clubs, and more with their counterparts in the sister city. School affiliations can be a stimulating activity if organized within your educational system. They can be a strong adjunct to your school's language, history, cultural and other programs. There is no end to the fascinating projects young people can engage in to enlarge their horizons of learning. Technical and professional exchanges can have benefits to both communities far in excess of the limited costs involved. Many communities have exchanged experts in transportation, housing, healthcare, the environment, public safety, and more. Radio contacts between sister cities can be made by amateur radio operators. Special broadcasts on records or tape can be made for use abroad. Art exhibits. Both school children and members of local art clubs exchange art work with their overseas counterparts. The material is often exhibited in public buildings and merchants' windows in both communities. Photo exhibits. Camera clubs exchange collections of stills, slides and documentary motion pictures. Sending of inementos, not on a charitable basis, but of mutual interest and respect. Gifts are generally modest ones. Exchange of music, recordings and plays. Publications and preparation of food recipes from the foreign country. 4 Wark Sessian Agenda Item No. 2 MEMORANDUM COUNCIL WORK SESSION DATE: October 12, 2009 TO: Curt Boganey, City Manager FROlVI: Vickie Schleuning �A� istant City Manager/Director of Building Community Standards SUBJECT: Continued Discussion Regazding Updated Draft Revisions to Rental License Regulations in Chapter 12 COUNCIL ACTION REQUIRED An updated version of the proposed revisions to City Code Chapter 12 in regards to rental licensing requirements is presented. Several updates were made based on Council feedback and further review. Staff is seeking direction from the City Council whether any final adjustments are needed or any issue needs further investigation before providing to the City Attorney's office for final ordinance amendment preparation. BACKGROUND On September 28, 2009, staff presented an updated version of proposed amendments to Chapter 12 in regards to rental property licensing and enforcement. Due to limited time at the Work Session, the City Council asked to continue the discussion at the next Council Work Session. If City Council advises staff to proceed with the ordinance amendment, staff will work with the City Attorney's Office to put the document in fmal ordinance format (legal langua.ge changes where required, reorganization of sections to flow better, proper numbering of certain sections as needed, etc.) The September 28, 2009 City Council Work Session Memo and materials are attached for your review. COUNCIL POLICY ISSUES Will adoption of the proposed rentallicense amendment support City Council goals to "Stabilize and improve residential neighborhoods" and "Having a safe and secure community?" MEMORANDUM COUNCIL WORK SESSION DATE: September 28, 2009 TO: Curt Boganey, City Manager FROM: Vickie Schleuning,�Assistant City Manager/Director of Building Community Standards SUBJECT: Discuss Updated Draft Revisions to Rental License Regulations in Chapter 12 COUNCIL ACTION REQUIRED An updated version of the proposed revisions to City Code Chapter 12 in regazds to rental licensing requirements is presented. Several updates were made based on Council feedback and further review. Staff is seeking direction from the City Council whether any final adjustments are needed or any issue needs further investigation before providing to the City Attorney's office for final ordinance amendment preparation. BACKGROUND A significant amount of feedback was considered in drafting revisions to the city's rentallicense including information from the Rental Neighborhood Improvement Strategy Action Teams, City Council, rental property owners and associations, residents, and city attorney and prosecutor, as well as other cities implementing similar types of regulations. The purpose of the rentallicense amendment is as follows: To establish minimum licensing standards to ensure that rental properties are maintained in conditions to protect the health, safety and welfare of the public to benefit tenants, neighbors and the community-at-large. To provide additional standards a.nd tools to help substandard properties become well- managed properties, while supporting existing efforts of well-managed properties. To reduce the city's cost to the general taxpayer associated with regulation of substandard properties. Some highlights of the proposed ordinance include: Redefining "rental" property to include properties occupied by anyone other than an owner. Creating a new licensing category system with performance based categories, determined by a point system calculated based on the number of valid police service calls and on compliance with properry codes. Creating standards in the ordinance, including the licensing categories that provide incentives (financial, operational, etc.) for well-managed properties. Providing additional corrective tools including implementa.tion of various aspects of the Crime Free Housing Programs, an action plan and mitigation plan requirements. Adding and clarifying conditions that could affect the status of a rental license (suspension, revocation, denial and nonrenewal). Clarifying what is defined as a"disorderly activity" under the Conduct on License Premise, Section 12-911. Creating a greater degree of tenant responsibility for acts of "disorderly" conduct. Incorporating police service call criteria, previously included in the Provisional License Section 12-913, into the licensing category criteria. General clarifying and cleanup of some ordinance sections. COUNCIL POLICY ISS UES Will adoption of the proposed rental license amendment support City Council goals to "Stabilize and improve residential neighborhoods" and "Having a safe and secure community?" Updated Revision Draft 09-25-09 Please note that some draft concepts in previous drafts have been removed from this version in order to closer reflect actual code revision. Feedback will be reviewed with the City Attorney's Office, and, upon Council direction will be sent to the Attorney's Office for fmal review and formattin�. CHAPTER 12 BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE Section 12-101. PURPOSE. The purpose of this Ordina.nce is to protect the public health, safety, and the general welfare of the people of the City. These general objectives include, among others, the following: 1. To protect the chazacter and stability of all buildings and property within the City. 2. To correct and prevent conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental ��I and social well-being of persons occup�ing buildings within Brooklyn Center. 3. To provide minimum standards for cooking, heating, and sanitary equipment necessary to the health and safety of occupants of buildings. 4. To provide minimum standards for light and ventilation, necessary to health and safety: 5. To prevent the overcrowding of dwellings by providing minimum space standards per occupant for each dwelling unit. 6. To provide minimum standazds for the maintenance of existing buildings, and to thus prevent slums and blight. 7. To preserve the value of land and buildings throughout the City. With respect to rental disputes, and except as otherwise specifically provided by the terms of this Ordinance, it is not the intention of the City Council to intrude upon the fair and accepted contractual relation.ship between tenant and landlord. The City Council does not intend to intervene as a.n advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant or landlord that �sk are not specifically and cleazly relevant to the provisions of this Ordinance. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. Neither in enacting this Ordinance is it the intention of the City Council to interfere or pernut interference with legal rights to personal privacy. Section 12-102. APPLICABILITY OF ORDINANCE. Every building, as well as its City of Brooklyn Center 12 -1 City Ordinance premises, and all occupied premises within Brooklyn Center sha11 conform to the requirements of this Ordinance, irrespective of when such building may have been constructed, altered, or repaired. Section 12-201. DEFINITIONS. The following definitions shall apply in the interpreta.tion and enforcement of this Chapter where not otherwise defined within a section: 1. Approved acceptable to the jurisdiction having authority and meeting all applicable codes. 2. Accessorv structure a structure subordinate to the main or principal building which is not used nor authorized to be used for living or sleeping by human occupants and which is located on or partial�y �in the premises. 3. Buildin� any structure used or intended for supporting or sheltering any use or occupancy. 4. Comnliance Official— the City IVlanager and his, designated a�ents authorized to administer and enforce this Ordinance.� 4b. Disorderlv Activities- anv conduct for those activities listed in Section 12-911., 5. Dwelling ,-�a building, or portion thereof;�designed or used predominantly for residential occupancy of a continued nature, including one-family dwellings, two- family dwellings, and multiple family dwellings; but not including hotels and motels. 6. Dwellin� unit a single residential accommodation which is arranged, designed, used or, 'i� vacant; int�nded for use� exclusively as a domicile for one family. Where a private garage is structurally attached, it shall be considered as part of the building in i�hich the dwelling unit is located. 7. Familv any of the following definitions shall apply: A persori or persons related by blood, marriage, or adoption, together with his or their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit; —Group or foster care of not more than six (6) wards or clients by an authorized person or persons, related by blood, marriage, or adoption, together with his or their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency; —A group of not more than five (5) persons not related by blood, marriage or adoption maintaining a common household in a dwelling unit. City of Brooklyn Center 12 2 City Ordinance 8. Flush water closet an approved toilet, with a bowl and trap made in one piece, which is connected to the City water and sewer system or other approved water supply and sewer system. 9. Garba�e putrescible animal and vegeta.ble wastes resulting from the handling, preparation, cooking and consumption of food. 10. Habita.ble building any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. 11. Habita.ble room a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, �excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements, (those without required ventilation, required electric outlets and �required exit facilities), pantries, utility rooms of less than 50 square feet'of floor space; foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. 12. Heated water water heated to a temperature. of not less than 120 degrees Fahrenheit, or such lesser temperature required by government autfiority, measured at faucet outlet. 13. Kitchen a space which contains a sink; with couriter working space, adequate space for, installing cooking and refrigeration equipment, and adequate space for the storage` of cooking utensils. 14. Multit�le fainilv dweilin�. a dwelling or portion thereof containing three or more dwelling units; 15. Nonresidential buildin� a11 other buildings or structures other than dwellings or dwelling units��, 16. Occunant any person (including owner or operator) occupying any structure, building or part thereof, dwelling, dwelling unit, rooming unit or premise. 17. O�erator�= the ovvner or agent who has chazge, care, control, or management of a building, or part thereof. 18. Owner a person, agent, firm, or corporation having a legal or equitable interest in the property. In any corporation or partnership, the term owner includes general partners and corporate officers. 19. Pernussible occunant load the maximum number of persons permitted to occupy a building or space within a building. City of Brooklyn Center 12 3 City Ordinance 20. Person an individual, firm, partnership, association, corporation or joint venture or organization of any kind. 21. Plumbin� all of the following supplied facilities and equipment in a building: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other sixnilar fixtures and the installation thereof, together with a11 connections to water, sewer and gas lines. 22. Premises a platted lot or part thereof or unplatted�parcel of land, either unoccupied or occupied by any structure thereon. 23. Public Corridor a hall, corridor or passageway�foi �roviding egress from an occupied area to a public way and not within the exclusive control of one occupant. 24. Refuse a11 putrescible and nonputrescible waste solids including garbage and rubbish. 25. Reinspection a follow-up inspection conducted to determine if a code violation has been corrected; a scheduled inspection that a licensee, owner or other responsible party fails to attend; or a scheduled irispection that does not occur or is prevented due to any act of a licensee;;o�vner or responsible party. A reinsnection also includes anv insbection conducted. in addition to the license insnection. and wheie violations are found. 26 Rental dwellin� —����:�����i°� The terin_"renta.l dwelling" means anv occuvied dwelline or dwelline unit that is not occuoied by the owner of record re�ardless of comnensation. The term includes anv dwellin� or dv�ellin� ti.u��t occunied bv a relative of the owner. 27. �Repair to restore to a sound and accepta.ble state of operation, serviceability or appearance. 28. Rodent��arbora�e any place where rodents can live, nest, or seek shelter. 29. Roomin� unit any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. 30. Rubbish nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar materials. 31. Safetv the condition of being reasonably free from danger and hazards which Ciry of Brooklyn Center 12 4 City Ordinance may cause accidents or disease. 31a. Sin�le familv attached- includes a townhome. rowhouse, dunlex or sunilar dwellin� unit 32. Structure that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. 33. Substandard dwellin� any dwelling which does-not conform to the minimum standards established by City Ordinances. 34. S�lied paid for, furnished by, provided by or under the control of the owner, operator, or agent of a building. 35. Tenant- anv nerson occunvin� anv dwellins or having�aossession of a space within a dwellin� who has the le�a1 ri�ht to occunv the dwellin� unit, where a le�al owner does not reside. 3�6. Meaning of certain words whenever tfi� words "dwelling", "dwelling unit", n n n n`� �i� n premises building or structure are used in this Ordinance, they sha11 be construed as though they were foliowed by the words "or any part thereof'. Section 12-301. RESPONSIBILITIES OF OWNERS AND:OCCUPANTS. No�owner or other person sha11 occupy or let another person occupy any building, unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable legal requirements of the State. of Minnesota and the City of Brooklyn Center, including the following requirements. Section 12-302: MAINTENANCE OF SHARED OR PUBLIC AREAS. Every owner of a building sha11 maintain iri��a cleari,� sanitary and safe condition, the shared or public areas of the building aiid premises thereaf Section 12=3U3. MAINTENANCE OF OCCUPIED AREAS. All occupants of a building, shall maintain in a clean, sanitary and safe condition that part or those parts of the building, and prexnises`thereo�th�t she/he occupies and controls. Section 12-304. STORAGE AND DISPOSAL OF RUBBISH. All occupants of a building, sha11 store and dispose of a11 their rubbish in a clean, sanitary, and safe manner as prescribed by Chapter 7 of the City Ordinances. Section 12-305. STORAGE AND DISPOSAL OF GARBAGE. All occupants of a building, sha11 store and dispose of a11 their garbage and any other organic waste which might provide food for insects and/or rodents in a clean, sanitary, and safe manner as prescribed by Chapter 7 of the City Ordinances. City of Brooklyn Center 12 5 City Ordinance Section 12-306. RESPONSIBILITY FOR STORAGE AND DISPOSAL OF GARBAGE, RUBBISH, AND RECYCLABLE MATERIALS. Every owner of a multiple family dwelling or nonresidential building sha11 supply facilities for the sanitary and safe storage and disposal of rubbish and garbage. In the case of single- or two-family dwellings, it shall be the responsibility of the occupant to furnish such facilities. Every owner of a multifamily dwelling containing more than eight units must comply with the requirements of Section 7-113 of the City Ordinances. Section 12-307. RESPONSIBILITY FOR STORM AND SCREEN DOORS AND WINDOWS. T'he owner of a rental dwelling unit shall be responsible for providing and hanging all screens and storm doors and storm windows whenever th�; same are required under the provisions of this Ordinance, except where there is written�agi�e�ment otherwise between the owner and occupant. Section 12-308. RESPONSIBILITY FOR PE�T EXTERMiNATION. Every occupant of a dwelling containing a single dwelling unit or an'occupant of a noriresidential building containing a single unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit or an occupant of a nonresidential�btulding containing more than one unit sha11 be responsible for such exterminatioz� whenever their unit is the only one infested: Notwithstanding, however, whenever infesta.tion is caused by the failure of the owner to maintain a building in a reasonable rodent-proof or reasonable vermin-proof condition, e�rtermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the units in any buildirig, extermination thereof shall be the responsibility of the owner. Whenever e�ermination is the responsibility of the ovimer; �t1�ie extermination must be performed �by a licensed p�st cont�ol contractor, Section �2-309. RODENT HARBORAGES PROHIBITED IN OCCUPIED AREAS. No occupant �f a building shall accumulate boxes, lumber, scrap metal, or any other similar matenals,`in'such a manner that may provide a rodent harborage in or about any dwelling unit or building.. Stored materials shall be stacked neatly.���� Sectiori 12-310. RODENT HARBORAGES PROHIBITED IN PUBLIC AREAS. No owner of a building sha11 accumulate or permit the accumulation of boxes, lumber, scrap metal, or any other similar materials in such a ma.nner that may provide a rodent harborage in or about shared or public areas o£ a building or its premises. Materials stored by the owner or permitted to be stored by the owner sha11 be sta.cked neatly. Section 12-311. PREVENTION OF FOOD FOR RODENTS. No owner or occupant of a building shall store, place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. Section 12-312. SANITARY MAINTENANCE OF FIXTURES AND FACILITIES. Every occupant of a building sha11 keep all supplied fixtures and facilities therein in a clean and sanitary condition and sha11 be responsible for the exercise of reasonable care in the proper use City of Brooklyn Center 12 6 Ciry Ordinance and operation thereof. Section 12-313. MINIMUM HEATING CAPABILITY AND MAINTENANCE. In every dwelling unit or rooming unit when the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least 68 degrees Fahrenheit, or such lesser temperature required by government authority, shall be maintained at a distance of three feet above the floor and three feet from exterior wa11s in a11 habitable rooms, bathrooms, and water closet compartments from September through May. Nonresidential buildings sha11 meet State of Minnesota regulations and sta.tute requirements. Section 12-314. REMOVAL OF SNOW AND ICE. Every occupant of a dwelling containing a single dwelling unit, and the owner of a multiple; family dwelling or a nonresidential building shall be responsible for the removal of snow and ice from parking lots, driveways, steps, and walkways on the premises. Individual snowfalls of tliree mehes„or more, or successive snowfalls accumulating to a depth of three inches, shall be removed' from parking lots and driveways within 24 hours after cessation of the snowfall. Individual snowfalls of one inch or more, or successive snowfalls accumulating to a depth of one inch, sha11 be removed from steps and walkways within eight hours after cessation��of the snowfail, Section 12-315. MINIMUM EXTERIOR LIGH'�iNG. The owner of a building s�all be responsible for providing and maintaining effective illumination in a11 exterior parking lots and walkways. Section 12-316. MAINTENANCE OF DRIVIN� AND PARKING AREAS. The owner of a building shall be responsible for providing and maintaining in good condition paved and delineated parking areas and driveways for tenants consistent wi�h Chapter 35 of the City Ordinances. Section 12-317: MAINTENANCE OF YARDS. The owner of a building sha11 be responsible for providing and maintaining premises' yards consistent with Section 12-711. Section 12-401. MINIIVIUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES. N� person sha11 occupy as owner, occupa.nt, or let to another for occupancy any dwelling or dwelling unit, for the purposes of living, sleeping, cooking, and eating therein, which does not comply wi�i the follovving requirements. Section 12-�402. KITCHEN FACILITIES. Every dwelling unit sha11 have a room or portion of a room in which food may be prepared and/or cooked and which shall have adequate circulation area, and which sha11 be equipped with the following: 1. An approved kitchen sink in good working condition and properly connected to an approved water supply system and which provides at a11 times an adequate amount of heated and unheated runnin water under pressure, and which is g connected to an approved sewer system. 2. Cabinets and/or shelves for the storage of eating, drinking, and cookuig City of Brooklyn Center 12 7 City Ordinance equipment, and utensils and of food that does not require refrigeration for safekeeping; and a counter or table for food preparation. Said cabinets and/or shelves and counter or table sha11 be adequate for the permissible occupancy of the dwelling unit and shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. 3. A stove or similar device for cooking food, and a refrigerator or similar device for the safe storage of food at or below 40 degrees Fahrenheit, which aze properly installed with all necessary connections for safe, sanitary and efficient operation. Provided that such stove, refrigerator, or similar devices need not be insta.11ed when a dwelling unit is not occupied and �wJien the occupant is expected to provide same on occupancy, in which case�sufficient space and adequate connections for the installation and operation of said��tove, refrigerator or similar device must be provided. Section 12-403. TOILET FACILITIES. Within every dwelling unit there shall be a nonhabitable room which is equipped with an approved,flus�i;water closet in good working condition. In a rental dwelling unit,��su�h room shall have an entrance door which�affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, sha11 be connected to an approved water system that at a11 times provides an adequate amount of nanxiing water under pressure to cause the water closet to be ogerated properly, and sha11 be connected to an approved sewer system Section 12-404.' LAVATORY SINK. Within every dwelling unit there shall be an approved lavatory sink.�� �aid lavatory sink may be in the same room as the flush water closet, or if located in another room, t�ie l�vatory sink sha11 be�located in close proximity to the door leading dire�tiy into the,room in which said water closet is located. The lavatory sink shall be in good workarig condition and shall be properly corinected to an approved water supply system and shall pro�de at a11 times an adequate amount of heated and unheated running water under pressure, anc��sha11 be connected to an approved sewer system. Section 12=4�5. BATHTU$ OR SHOWER. Within every dwelling unit there sha11 be a nonhabita.ble room which is equipped with an approved bathtub or shower in good working condition. In a rental dwelling unit, such room sha11 have an entrance door which affords privacy. Said bathtub or shower may be in the same room as the flush water closet, or in another room, and sha11 be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated water under pressure, and sha11 be connected to an approved sewer system. Section 12-406. STAIRWAYS, PORCHES AND BALCONIES. Every stairway, inside or outside of a dwelling and every porch or balcony, sha11 be kept in safe condition and sound repair. Stairs and handrails shall conform to the Uniform Building Code standards. Every deck, porch and balcony which is 30 inches or more above grade shall have a guardrail that conforms to the Uniform Building Code standards. Every handrail and guardrail sha11 be firmly fastened and maintained in good condition. No flight of stairs sha11 have settled out of its intended City of Brooklyn Center 12 8 City Ordinanee position or have pulled away from the supporting or adjacent structures enough to cause a hazazd. No flight of stairs sha11 have rotting, loose, or deteriorating supports. Excepting spiral and wuidmg stairways, the treads and nsers of every flight of stairs sha11 be uniform m width and height. Stairways shall be capable of supporting a live load of 100 pounds per square foot of horizontal projection. Section 12-407. ACCESS TO DWELLING IJNIT. Access to or egress from each dwelling unit sha11 be provided without passing through any other dwelling unit. Section 12-408. DOOR LOCKS. No owner shall occupp nor let to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped with safe, functioning locking devices. Multiple family dwellings sha11 be furnished with door locks as follows: 1. For the purpose of providing a reasonable amount�of:safety and general welfare for persons occupying multiple family dwellings constructed after May 5, 1969, an approved security system shall be maintained for each multiple family building to control access. The security system sha11 consist of locked building entrance or foyer doors, and locked doors leading from hallways into individual dwelling units. Dead-latch type, dpor locks shall be grovided with lever knobs (or doorlaiobs) on the inside of building entrance doors and with key cylinders on the outside of building entrance doors. Building entra.nce door latches shall be of a type that arepermanently locked from the outside and permanently unlocked from the inside 2. Every door that is designed to provide ingress or egress for a dwelling unit within a multiple �amily buil�ing shall be equipped with an approved lock that has a deadlocking bolt that �cannot be retraeted by end pressure, provided, however, that such door sha11 be openable from the inside without the use of a key or any special knowledge o� effort. Section 12-501. MINIl�UM STANDARDS FOR LIGHT AND VENTILATION. No person sha11 occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements. Section 12-502. HABITABLE ROOM LIGHT AND VENTILATION. Except where there is supplied some other device affording adequate ventilation and approved by the compliance official, every habita.ble room shall have at least one window facing directly outdoors which can be opened easily. The minimum total of openable window area in every habita.ble room sha11 be the greater of 10% of the floor area of the room or ten square feet. One half of the required window area shall be openable. Section 12-503. NONHABITABLE ROOM VENTILATION. Every bathroom and water closet compartment, and every laundry and utility room shall contain at least 50% of the ventilation requirement for habitable rooms contained in Section 12-502, except that no windows City of Brooklyn Center 12 9 City Ordinance shall be required if such rooms are equipped with a ventilation system which is approved by the compliance official. Section 12-504. ELECTRIC SERVICE, OUTLETS AND FIXTURES. Every dwelling unit and a11 public and common areas shall be supplied with electric service, functioning overcurrent protection devices, electric outlets, and electric fixtures which aze properly installed, which shall be maintained in good and safe working conditions, and sha11 be connected to a source of electric power in a manner prescribed by the Ordinances, rules and regulations of the City of Brooklyn Center and by the laws of the Sta.te of Minnesota.. The minimum capacity of such electric service and the minimum number of electric outlet� and fixtures shall be as follows: 1. Dwelling containing one or two dwelling units sha11 have at least the equivalent of 60-ampere, three-wire electric service per dwelling unit. 2. Dwelling units sha11 have at least one branch electric circuit for each 600 square feet of dwelling unit floor area: 3. Every habitable room shall have at leas�; one f1Qor or wall-type electric convenience outlet fox each 60 square feet or fraction thereof of tofal floor area, and in no case less than tv�vo. such electric ou�iets provided, however, that one v ceilin or wall- e li t fixture ma be su lied in lieu of one re uired electric II g q Y PP outlet. 4. Every water closet compartment, bathrbom, kitchen, laundry room, and furnace room sha11 contain at�� �east one supplied ceiling or�wall-type electric light fixture and every bathroom, kitchen, and laundry room shall contain at least one electric convenience�o�xtlet:_ 5. Every pu�ilic corndor and stairway in every multiple family dwelling shall be adequately �i�hted by iiatural or electric light at all times at one foot candle at I floor level, so as to provide effective illumination in a11 parts thereof. Every public corridor and stairwa���in structures containing not more than two dwelling u.nits may be supplied with conveniently located light switches controlling an adequa.te lighting system which may be turned on when needed, instead of full- time lighting. t 6. A convenien���'switch or equivalent device for turning on a light in each dwelling unit sha11 be located near the point of entrance to such unit. Section 12-601. MINIMLTM THERMAL STANDARDS. No person shall occupy as owner, occupant or let to another for occupancy any building or portion thereof, which does not have heating facilities which aze properly installed, and which are maintained in safe and good working condition, and which aze capable of safely and adequately heating all habitable rooms, bathroom, a.nd water closet compartments in every dwelling unit located therein to a temperature of at least 68 degrees Fahrenheit, or such lesser temperature required by government authority, at a distance of three feet above floor level and three feet from exterior wa11s. Gas or electric City of Brooklyn Center 12 -10 City Ordinance appliances designed primarily for cooking or water heating purposes sha11 not be considered as heating facilities withixi the meaning of this section. Portable heating equipment employing flame and the use of liquid fuel does not meet the requirements of this section and is prohibited. No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. Section 12-701. GENERAL REQUIREMENTS. No person shall occupy as owner, occupant or let to another for occupancy, any building or portion thereof which does not comply with the following requirements, unless specifically exempt. Section 12-702. FOiJNDATIONS, EXTERIOR WALLS AND ROOFS. The foundation, exterior walls, and exterior roof shall be substantially water tight and protected against vermin and rodents and shall be kept in sound condition �nd repair. The foundation element sha11 adequately support the building at all points: Every exterior wa11 sha11 be free of deterioration, holes, breaks, loose or rotting boards or timbers, and any, other condition which might admit rain or dampness to the interior portion of the walls or to tlie exterior spaces of the building. The roof shall be tight and have no defects which admits rain, andxoof drainage sha11 be adequa.te to prevent rain water from causing dampness in the walls. All exterior wood surfaces, other than decay resistant woods, shall be protected �rom the elements:,a�d decay by paint or other protective covering or treatment. If the exterior surface is unpainted or determined by the compliance official to be paint blistered, the surface sha11 be painted. If the exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be repaired. Section 12-703.� �JINDOWS, DOORS `AND �SCREF,NS, Every window, e�erior door, and other e�erior openi�gs sha11 be`substantial�y tight and sha11 be kept in sound condition and repair. Every window, other than a fixed window or storm window, shall be capable of being easily opened E�ery windovv, door and frame shall be constructed and maintained in such relation to.:the adjacen�,wa11 coin%sttuction as to compietely exclude rain, wind, vermin and rodents from entering the building. Every :openable window shall be supplied with 16-mesh screens during the insect season, and shall be equipped with an approved lock if located less than six feet above adjacen.t Sechon 12=704. FLOORS, INTERIOR WALLS AND CEILINGS. Every floor, interior wall, and ceiling sfiali .be adequately protected against the passage and harborage of vermin and rodents, and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted #looring materials. Every interior wa11 and ceiling shall be free of holes and large cracks and loose plaster and sha11 be maintained in a tight, weatherproof condition. Toxic paint and materials with a lasting toxic effect sha11 not be used. The floor of every toilet room, bathroom, and kitchen sha11 have a smooth, hard, nonabsorbent surface and shall be capable of being easily maintained in a clean and sanitary condition. Section 12-705. RODENT PROOF. Every structure and the premises upon which it is located shall be maintained in a rodent-free and rodent-proof condition. All openings in the exterior walls, foundations, basements, ground or first floors, a.nd roofs which have a 1/2" diameter or larger opening shall be rodent-proofed in an approved manner. Interior floors or City of Brooklyn Center 12 -11 City Ordinance basements, cellars and other azeas in contact with the soil shall be paved with concrete or other rodent im ervious material. p Section 12-706. FENCE MAIl�TTENANCE. All fences shall consist of inetal, wood, masonry, or other decay resistant material. Fences shall be maintained in good condition both in appearance and in structure. Wood material, other than decay resistant varieties, sha11 be protected against decay by use of paint or other preservatives. Paint sha11 be maintained consistent with Section 12-702. Section 12-707. ACCESSORY STRUCTURE MAINTENANCE. Accessory structures or buildings shall be structurally sound, and be maintained in good repair and appeara.nce. T'he exterior of such structures shall be made weather resistant through the use of decay-resistant materials such as paint or other preservatives. Paint sha11 be mai.ntained consistent with Section 12-702. Section 12-708. SAFE BUILDING ELEMENTS. Every foundation, roof, floor, exterior and interior wa11, ceilings, inside and outside stair,,every porch and balcony, and every appurtenance thereto, shall be safe to use and capable of supporting loads required by the occupancy. Section 12-709. FACILITIES T4 FUNCTION. Every supplied facility, piece of equipment or utility required under City Qrdinances and every chimney and flue sha11 be installed and maintained and shall function effectively in a safe, saund, and working condition. Section 12-710: GRADING AND DRAINAGE. Durin the eriod Ma throu g P Y October every yard, court, passageway, and other portions of the premises on which a building stands shall be graded arid drained so�as to be free Qf standing water that constitutes a detriment to health and safety,. Section 12-711:- YARD C�VER. Every yard of a premises on which a building stands shall be�provided with lawri�or combii�ed ground cover of vegetation, garden, hedges, shrubbery, and related decorative materials and such'yard sha11 be maintained consistent with prevailing community standards. Nonresidential sites sha11 be maintained in accordance with an approved City landscape plan and shall be supplied with an irrigation system. Section 12-712: DISCONTINLTANCE OF SERVICE OR FACILITIES. No owner, operator, or occupant shal� cause any service, facility, equipment or utility which is required under this Ordinance, to be removed from or shut off from or discontinued for any occupied building or portion thereof, except for such temporary interruptions as may be necessary while actual repairs or alterations are in process, or during temporary emergencies. Section 12-713. SCREENIlVG. All outside trash disposal facilities, recycling containers, and outside or rooftop mechanical equipment sha11 be screened from view by an opaque fence or wa11 high enough to completely screen the equipment. Section 12-801. MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATION City of Brooklyn Center 12 -12 City Ordinance REQUIREMENTS. No person shall occupy nor permit or let to be occupied any dwelling or dwelling unit for the purpose of living therein, which does not comply with the following requirements. Section 12-802. PERMISSIBLE OCCUPANCY OF DWELLING UNIT. With the exce tion of owners occu in a res ective dwellin unit rior to June 1 1975 the maximum P PY g P g P pernussible occupancy of any dwelling unit sha11 be determined as follows: 1. For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. 2. In no event sha11 the total number of occupatits,�exceed two times the number of habita.ble rooms, less kitchen, in the dw�l�ing �i�it. Section 12-803. ONE FAMILY PER DWEL�,�NG iJNIT. Not, more than one family, except for temporary guests, shall occupy a dwe�ling unit. Section 12-804. MIlVIMUM CEILING HEIGHT. In or�ler to qualify as habitable, rooms sha11 have a clear ceiling height of no� less than seven;feet, si� uiches, except that �n attics or top- half stories used for sleeping, study, or similar activities, the ceiling height sha11 be not less than seven feet six inches over at least one-hal� of �lie floor area. ,.In calculating the floor area of such rooms in attics or top-half stories, only those portions of the floor area of the room having a clear ceiling height of five feet or more may be included. Section 12-80 CCE ING RQ MS AND BATHROOMS. No S A SS. THROUGH SLEEP O dwelling unit built after.`1940 and containing two or more sleeping rooms sha11 have a room I arrangement such that acc��s to a bafi�iroom or water closet compartment intended for use by occupants of rno�e than one s��eep�i�:�oom can be gained only by going through another sleeping room, nor sha11 the room arrangement be such that access to a sleeping room can be gained only by going through another sleeping xoom. A bathroom or water closet compartment shall not be used as the only passagewaq to any��habitable room, ha11, basement or cellar or to the e�erior of any dwelling unit. Section 1'�-900. PURPO�E. It is the purpose of this section to assure that rental housing in the City is decenf; sa.fe and sani#ary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinue�tment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Operators are responsible to take such reasonable steps as are necessary to assure that the citizens of the City who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are: safe, secure and sanitary; free from noise, nuisances or a.nnoyances; free from unreasonable fears about safety of persons and security of property; and suitable for raising children. Section 12-901. LICENSING OF RENTAL UNITS. l. License Required. City of Brooklyn Center 12 -13 City Ordinance I a) No person sha11 operate a rental dwelling without first having obtained a license to do so from the City of Brooklyn Center. ���-���r==° a�: A license will be �ranted in a snecific Cate�orv as determined bv a t�omt svstem based on criteria established bv the Citv Mana�er. 'r'�°-�° �T Tp 2S--6�E s a r n,. ,,.,t o 0 o ao�:.,oa nrv26�i6" �rrzi rr�_r. bl Excentions. No license shall be reauired under the followin� circumstances: (11 A sin�le familv dwellin� or sin�le dwellin� unit in a dunlex occunied bv the buildin� owner for a minimum of six months oer calendar vear. (2) Rented rooms within an owner occuoied dwellin� unit. (31 A residential nronertv owned bv a"snowbird" where the nronertv is rented to another nerson for a neriod,�f less than 120 consecutive davs while the owner is residine out of the State of 1Vliririesota. The owner must occunv the propertv durine the remainder of the vear (41 Unoccunied dwellin� units which have beeri is'sued a Vacant Buildin�, Re�istration. 2. License Term. �Licenses will,�e issued �or a time period accordins to the license tvae as indicated in Dia�ram 1.���'�.;�''�;°°�°. All lic�i�ses, ,..,a mav be reviewed every six months after the beginning of the license term to determine the license status. i Diasram I. Licensing Licensin, Min. Ins�nection Crime Free Housin, Categorv Period ��Ft�eguenco� Tvpe I 3 vear Min: 1 time in 3 vears, Phase I Recommended unori reauest or as needed as deterri3ined bv citv ,T�pe II' 2 vear Min. 1 tiriie in 2 vears.. Phase I Reauired un4n;:reauesf or as needed as determined bv citv Type III 1�vear Min. i time ner vear, unon Phase I. II reauired Action Plan reauest or as needed as reauired determ'iried bv city �pe IV License Min. everv 6 months or Phase 1. II and III Mitisation Plan Provisional Review otherwise determined bv reauired. reauired Mitisation Plan Council 3. New Licenses. Pronerties that have le�allv not been reauired to have a rental license due to new construction or a chan�e from owner-occuvied to rental will aualifv for a Twe II License. Pronerties found o�erating without a valid rental license from the citv or failin� to meet citv code reauirements. or which resulted in enforcement actions such as criminal nrosecution or civil nenalties. will onlv aualifv for a Tvne III license once a11 code reauirements City of Brooklyn Center 12 -14 City Ordinance are met. 4. License Renewals. D y w r All rental nroperties aze subiect to review and a different license cate�orv based on the level of compliance with citv codes and anvlicable re�ulations. 5. Failure to Meet License Cate�orv Reauirements. At anv time durin� a license neriod, if a rental nronertv does not meet or exceed the criteria established for the current license categorv. the license mav be brou�ht forth to the Citv Council for consideration of license susnension, revocation and/or license cate�orv review. 6. Tvue IV Provisional Licenses. Proverties that��.re�not consistentiv maintained to accentable minimum standards as esta.blished bv citv code ancl �i�lier annlicable re�ulations are considered Tvne IV Provisional Licensin� Catesorv.�Rental nronerties under Provisional Licensing must meet the reauirements set forth in Sec�ion 12-913. 7. License Cate�orv Criteria. License tvne will be determined bv the accum�lated noints based on Police incidents and nronertv code violations �as <deterniined bv; tlie Citv� Mana�er. al Freauencv of Police Ca11s. Freauencv of nolice calls will be based on the average number of valid i�oiice ca11s per unit. Poiice iricidences for�nu�noses ofdeterminirie��oints for licensins categories slia.11 include disorderlv activities and nuisa.nces as defined in Seetion 12-911 and events cate�orized as nart one crimes in the Uniform Crime Reuortin� Svstem includin� homicide. rane, robberv; ageravated assaul� bur�larv. theft. auto theft and arson. <Ca11s will not be counted for tiurnoses of determinin� noints for licensing cate�ories where the victim and susnect aze "Familv or household memliers" as defined in the Domestic Abuse Act, Minnesota Statutes::Section 518B.01, Subd. 2(b1 and where there is a renort of �`Domestic Abuse" as defined in the Domestic Abuse Ac� Minnesota Statutes. Section 518B.01, Subd. 2(al. bl Pronertv-Maintenance and Nuisances. Standards for nronertv maintenance will be based on comnliance i�vith citv and annlicable codes as determined throueh insnections and investigations. 3. License Process and Renewal a� License renewals sha11 be filed at least 90 days prior to the license expiration date. Within two weeks of receipt of a complete application and of the license fee required by Section 12-902, the Compliance official sha11 schedule an inspection. City of Brooklyn Center 12 -15 City Ordinance bl No application for an initial license shall be submitted to the City Council until the Compliance official has deternuned that all life, health safety violations or discrepancies have been corrected. In cases where a weather deferral for renairs has been granted bv the Comnliance OfFcial. the license mav be brought forward for licensin� consideration with conditions of correction. cl Incomnlete Anblications or Process. If the license annlication is incomnlete. or the annlicant does not meet the reauirements of the licensing nrocess within 120 davs of the submittal date. the annlication will be canceled. 4. Condition of License. Licensees with :three or more units must be current on the navment of a11 utilitv fees. taxes. assessments. fines or nenalties due to the citv or other financial claims due on the licensed nronertv and anv other rental real nronertv in the Citv owned bv the lic�ense holde� at a11 times. Licensees with less than three units, p�rior to issuanee or renewal��of„a license °^a a„�;�,. �.�,a°r must be current on the payment of all utility fees, taxes, assessments, fines or nenalties due to the citv or other fmancial claims due on the licensed pxoperty �nnd any other rental real property in the City owned by the license holder: In the event a suit has� been commenced under Minnesota Sta.tutes, Section 278.U1-278.03, questioning the amount or validity of taxes, the City ,Council may ori a�plication waive strict compliance with this provision;��no vi�aiver may.be granted� ��owever, for taxes or any portion thereof which remain unpaid for a pe�iQd exceecli.n� one (1) year after becoxning due. Section 12-902.' LICENSE FEES. License fees, as set forth by City Council resolution, shall be due 90 d�ys prior to tl�e license expiration date; in the cases of new unlicensed dwellings,,;.li�e�s�fees sha11 be d�te at the time of applicatio�: 1. �Residential Rental Conversion���'ee. When a residentia.l sin�le familv home or sin$le familv attached nronertv is converted to a rental nronertv, the ovcmer or annlicant sha11 nav a conversion fee as established bv Citv Council resolution. The rental conversion fee also apnlies to residential nronerries re�istered as vacant nronerties. 2. Delinauerit;navments. A delinquency penalty of 5% of the license fee for each day of operation without a valid license sha11 be charged operators of rental dwellings. Once issued, a license is nontransferable and the licensee sha11 not be entitled to a refund of any license fee. U�on revocation or suspension or if;'��-•�°��°-� °�+;+'°a �€-an applicant withdraws an application. the fee is nonrefundable. o,.+;,,., „a �,,o City of Brooklyn Center 12 -16 City Ordinanee 3. Reinsnection fees. All reinspection fees are set by City Council resolution. If the reinspection is being performed as part of the licensing process, fee(s) must be paid prior to the time of license issuance or renewal for the property, in the case of rental housmg and at the time of recertification of occupancy for nonresidential properties. If a reinspection fee or any portion is not paid within 60 days after billing, or within 60 days after any appeal becomes final, the City Council may certify the unpaid cost against the property in accordance with the process set forth in Section 19-105 of this code. Section 12-903. OWNER OR AGENT TO APPLY. License application or renewal shall be made by the owner of rental units or his legally constituted agent. Application forms may be acquired from and subsequently filed with the compliance official. The applicant shall supply: 1. First, middle (if any), and last name, address, date of birth, telephone number, and email address of dwelling owner, owning partners if a partnership, corporate ofFcers if a corporation. 2. Name, address, �telephone number, and email address of designated resident agent, if any. 3. Name, address, and telephone number of vendee, if the dwelling is being sold through a contract for deed� 4. Lega1 address of the dwelling. 5. Numb f dwellii� :units within the dwellin er o g g 6. Description of procedure through�which tenant inquiries and complaints aze to be processed. '7. Sta.tus of utility fees, property taxes, and other assessments on the dwelling and other rental real property in the city owned by the applicant. 8. The number of teriants. 9. The name of the desisnated local aeent. 10. At least o�te� 24-hour nrobertv contact information for an available nronertv owner. resident a�erit: or other designated resnonsible aeent. 11. Anv other information as requested by the city. Every person holding an operating license sha11 give notice in writing to the compliance official within €rv�ten business days after any change of this information. Denendin� on the nature of chan�es. the Citv mav reauire a new nronertv insnection. Notice of transfer of ownership shall be as described in Section 12-908 City of Brooklyn Center 12 -17 Ciry Ordinance Section 12-904. LOCAL AGENT REQUIRED. 1. Loca1 A�ent. No operating license shall be issued or renewed for a nonresident owner of rental dwelling units (one who does not reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington) unless such owner designates in writing to the compliance official the name of his local agent (one who does reside in any of the following Minnesota. counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington) who is responsible for maintenance and upkeep and who is legally constituted and empowered to receive service of notice of violation of the provisions of the City Ordinances, to receive orders and to institute remedial action to effect such orders and to accept all service or process pursuant to law. The compliance officia.l sfia11 be notified in writing of any change of resident agent. 2. Resnonsibilitv far Acts of Mana�er, Onerator, or Loca1 A�ent. Licensees are resnonsible for the acts or omissions of their manasers, onerators. local a�ent or other authorized revresentative. Section 12-905. CONFORMANCE TO LAWS. No,operating license sha11 be issued or renewed unless the renta.l dwelling and its premises conform�to the Ordinances of Brooklyn Center and the laws of the State of Mir3nesota. Section 12-906. INSPECTION CONDI�'ION. No operating license shall be issued or renewed unless the owner of rental units agrees in his application to permit inspections pursuant to Section 12-1001. Section 12-90'�.�� �OSTINC3� QF LICENSE. Every licensee of a�e rental dwelling more thail four units shall �t�se�e conspicuously poste� the current license certificate in the main entryway�Qr other cons�iicuous_location. r°°�°°�;_ ���'°-a�= ��=:�For �ental dwellin�s of�four.��or less-i2nits. the licensee must nrovide a couv of the license certificate to each teriant bv attachine a conv to the tenant's conv of the executed lease a�reement. Section 12-908. LICEN�E NOT TRANSFERABLE. No operati.ng license shall be transferable to aiiot�er person o��to another rental dwelling. Every person holding an operating license shall give no�ice in writit�g xo the compliance official within €rue ten (10) business days after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. Such notice sha11 ixiclude the name and address of the person succeeding to the ownership or control of such rental dwelling or dwellings. Section 12-909. OCCUPANCY REGISTER REQUIIZED. 1. Every owner of a licensed rental dwelling sha11 keep, or cause to be kept, a current register of occupancy for each dwelling unit which provides the following information: -�.a. Dwelling unit address. Ciry of Brooklyn Center 12 -18 City Ordinance �b. Number of bedrooms in dwelling unit and the maximum number of occunants. �c. Names and date of birth of adult occupants and number of adults and children (under 18 years of age) currently occupying the dwelling units. 4.d. Dates renters occupied and vacated dwelling units. �e. A chronological list of complaints and requests for repa.ir by dwelling unit occupants, which complaints and requests are related to the provisions of this Ordinance. �f. A similar chronologicallist of a11 corrections made in response to such requests and complaints. Such register sha11 be made available for �iewing or copying by the compliance official at all reasonable times. 2_All nonresidential properties (commercial. industrial, and similarl shall keep, or cause to be kept, a current register of occupancy for each buiiding which provides tfie following: �.a Building address. �.b List of a11 tenants occupyirig building.�. �.c Natur e of busmess conducted by each tenant u� buildmg. 4.d Contact p�rson for each tenant. 3.e Griass floor area leased by each tenanf. Such resister shall �ie����nade available for viewin� or convine bv the comnliance official at all reasonable;rimes. Section 12-910� LICENSE�' SUSPENSION, REVOCATION, DENIAL AND NON- RENEWAL. 1. Every licens����issued under the provisions of this Chapter is subject to suspension or revocation by the City Council. 2. In the event that a license is suspended, e� revoked or not renewed by the City Council, it sha11 be unlawfiil for the owner or the owner's duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid license may be restored by the City Council. 3. Any person violating this section sha11 be guilty of a misdemeanor and� City of Brooklyn Center 12 -19 City Ordinance a,.��.,..� ie i nnm o„+ o ooa „„e,t, ��m a.,.,., t�„��. +�R°+�°- costs of prosecution andlor civil nenalties. Each day of each violation sha11 constitute a separate punishable offense. 4. The Council may revoke, suspend or decline to renew any license issued under this Chapter upon any of the following grounds: a. false statements, misrepresentations or fraudulent statements on any application or other information or report required by this Chapter to be given by the applicant or licensee. b. failure to pay any application fee, fi�ie`o� genalty, reinspection fees, s� reinstatement fee, snecial assessments. real estate taxes. or other fmancial claims due to the citv as requi�eii by this Chapter and City Council resolution. c. failure to continuouslv comnlv with anv nronertv mainfenance, zonin�, health, buildin�, nuisance or ot3ier cit�'co�es; or failure�#o��correct deficiencies noted in Comnliance Notices in the time specified in the notice. d. failure to com 1 with the� provisions of an approved mitigation plan or not PY sub�riitti�ig an action nlan as rea�ired. e. failure to operate or maintain the licensed premises in conformity with a11 applicable state laws and codes and this Code of Ordinances. a nronertv �is �rentiri� without a iicense and not brou�ht into comnliance vv�thin 90 davs from the comnliance notice. the reriewal verind �xceeds 90 davs from the e�iration date. h. excessive ��iolice calls for service as determined bv the Citv Mana�er, based on the number and nature of the calls when after owner notification, the :owner has failed to suvnlv an annronriate written action nlan to reduce the�no�ee ca11s for service. or the nolice ca11s for service exceed an estabiished threshold a second time within 12 months of com�leting an action nlan. i. failure to activelv nursue the eviction of tenants who have violated the nrovision of the ordinance or crime free lease addendum or have otherwise created a nublic nuisance in violation of citv, sta.te or annlicable laws. i. the failure to eliminate imminent health and life safetv hazards as determined bv the citv, or its authorized representatives. City of Brooklyn Center 12 2 0 City Ordinance k. Conviction of anv crime related to the business licensed and failure to show bv comnetent evidence the rehabilitation and abilitv to nerform the duties of the business. l. The abandonment of the urobertv bv the nronertv owner as determined bv the inabilitv to make contact with the owner or his/her mana�er or local a�ent due to inaccurate or invalid contact information. m. Anv other �ood cause as deternuned bv the Citv Council. 5. Revocation, suspension and non-renewal may be brought under either this Section or Section 12-911, or both. ,.o,..,�.,_ i:,,o..�o �.o .,o ,.>>e,a ,.++�,e o;,a ,.e o o ,.a E�2�SEi���S@6#�6., i �n� i�� +i:e��o�a ,.���.e �o,.,,.. �_�n�;�n S e,.�;,.., n 7. A decision to revoke, suspend, deny��r not,renew a license shall be preceded by written notice to the applicant or licensee of #1ie alleged grounds tlierefore and the applicant or licensee wi11 be'given an opportunity for a hearing before the City Council before fmal action to revoke, suspend; deny or not renew a license. The Council shall give due regard to the frequency and seriousness of violations, the S ease with wluch such violations could have been cured or avoided and good faith efforts �to,_cbmply and sha11 issue a decision to iieny, not renew, suspend or revoke a license`only upon w�itten fmdings. 8. T'he Council iriay suspend or revoke_a,license or not renew a license for part or a11 of a facility. 9: Licenses maX be suspended for up to ninety (90) days and may, after the period of suspension, be reinstated subject to compliance with this Chapter and any ,conditions imposed by the��� City Council at the time of suspension. Licenses that are _reyoked will �not be reinstated until the owner has applied for and secured a new license and a �omplied with all conditions imposed at the time of revocation. Upon a decision to revoke, deny or not renew a license, no new application for the same faeihty;`vvill� be aecepted for the period of time specified in the Council's written dec'ision, which shall not exceed one year. A decision not to renew a license may take the form of a suspension or revocation. A decision to deny an initial application for a new facility will not take the form of a suspension or revocation unless false statements have been made by the applicant in connection with the application. A decision to deny an initial application shall state conditions of reapplication. All new applications must be accompanied by a reinstatement fee, as specified by Council resolution, in addition to a11 other fees required by this Chapter. i City of Brooklyn Center 12 21 City Ordinance 10. A written decision to revoke, suspend, deny or not renew a license or application sha11 specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinsta.ted, no rental units becoming vacant in such part or parts of the facility may be re-let or occupied. Revocation, suspension or non-renewal of a license shall not excuse the owner from compliance with all terms of state laws and codes and this Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with a11 terms of this Chapter during the term of revocation, suspension or non-renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non-renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the perioc� ;o� suspension, revocation or non- renewal specified in the City Council's written decision or in paragraph 8 of this Section. 11. A nerson who has had a rentallicense revoked mav �riot receive a rental license for another nronertv within the citv for a neriod of one vear from the date of revocation. The berson mav contir�ue to ouerate other curreritiv licensed rental nronerties if the nronertv is maintained in comnliance with citv codes and other applicable re�ulations.. Section 12-911. CONDUCT ON LICENSED PREMISES. 1. It sha11 be tl�e xesponsibility of the licens�e to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises,to be disorderly. For purposes of this Chapter �est�e�, disorderly activities ax�e considered nuisances and defined as follows: a-}�e�ses-is a; rao,.� „+'«:t,;,.�.��;,.,�; ,.��*t,o „+;.,;+;e a. Noise carsldo�s Citv Ordinance 1-110- horns/radios Citv ordinance 19=1201,02.03. �z,'o���;;.�:; Ce;.+;,.,, i �m rnr,,;..o n �..,+o,.,o„+� b:�', Violation��of Section 19-1121 (Unlavvful Possession, Delivery or Purchase) or violahori ,of laws relating to the possession of controlled substances as ��defined �n �.Vlinnesota Statutes Section 152.01, Subdivision 4, and dru� nara.nhernalia as defined in Minnesota Statutes Section 152.092. c. Public disturbance Citv Ordinance 19-202 d. The unlawful sale of intoxicating liquor or 3.2 percent malt liquor. e. Violation of laws relating to gambling. City of Brooklyn Center 12 2 2 City Ordinance f. Violation of laws relatin to rostitution as defined in Minnesota Statutes, g P Section 609.321, Subdivision 9, or acts relating to prostitution. g. Unlawful use or possession of a� weanon. Violation of anv �ie�at�e� of Minnesota Statutes, Section 609.66, Subdivision la, 609.67, 609.02. Subdivision 6 or 624.713, and City Ordinance 19-402. h. Loud narties/nersons Citv Ordinance 19-1201 i. Fi�hts Citv Ordinance 19-203 i. Allowing curfew/status offenseslundera�e-clrinkin� Citv Ordinance 19-301, and 19-304:��� k. Disorderlv conduct (Minn' Stat. 609.721 L Pronertv dama�e Citv Ordinaiice 19=211 m. Assaults Sth degree non-domestic =�C�itv Ordinance 19-204 n. Interference with a neace offic�r-�Minn�Stat: b09.501 a Unlawful assemblv (Minn Stat. 609:7051 Citv Ordinance 19-1105 n. Presence at ux�awful assemblv (Minn Stat. 609.1751 ci: Terrorist tiireats (Mirin Stat. 6fl9.7131 r. Loiterin� Citv 0rdinance 19-201 2. 3. Upon determination by the City Manager or authorized desi�nee that a licensed premises was used in a disorderly manner, as described in paragraph 1, the City Manager sha11 take the followin� actions: al For a first instance of disorderlv use of licensed nremise- a gi�ae notice sha11 be nrovided to the licensee of the violation and directing the licensee to take steps to prevent fiuther violations. 4. b) If a second instance of disorderly use of the licensed premises occurs within a twelve (121 month time ueriod t�ea��}�e�ks for Ciry of Brooklyn Center 12 2 3 City Ordinance the same tenancv the City Manager or authorized desimee shall notify the licensee of the violation and s�i,a�se require the licensee to submit a written report of the actions taken, and proposed actions to be taken by the licensee to prevent further disorderly use of the premises. The}s licensee shall submit a written report �••'^m�'�°a to the City Manager or authorized desimee within five (5) days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to a11 notices of disorderly use of the premises. se�g #�e�. c) If a third instance of disorderly: use ��f the licensed premises occurs within a twelve (121 month time neriod from the'first disorderlv violation- for the same tenancv �rr-ee-(�-} the rental dwelling license for the premises may be denied, revnk�d, suspended or not renewed. An action to deny, revok�, suspend, or not rene� a license under this section sha11 be initiated by the City Manager or authorized desi�nee who sha11 give �e the licensee written notice'of a_hearing before the City Gouncil to consider such denial, revocation suspension or nopre�e�ai. The �k wrilten notice shall specify all violations"of this section, and sha.11 state the date, time, place and purpose of the hearing:. 4. Hearin�. The hearing shall be held rio, �ess than ten 0) days and no more than ���3L{�9} fortv-fi�e (451 days after giving such notice. Following the hearing, the council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a liFenae upon suah te�ms and condifions as it deems necessary to accomplish the purposes of this section. 6: Eviction Actions. No��� adverse license action shall be imposed where the instance of disorderly tise of the iic�nsed premises occurred during the pendency of e�i,ction proceed�n;gs (unlav�'ul detainer) or within thirty (30) days of notice given by�the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. E�i,ction proceedings shall not be a bar to adverse license action, however, unless they are,diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. 7. Determinin� Disorderlv Conduct. A determination that the iicensed premises have been used in a disorderly manner as described in paragraph 1 shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, nor sha11 the fact of dismissal or acquittal of such a criminal charge operate as City of Brooklyn Center 12 2 4 City Ordinance a bar to adverse license action under this section. 8. Notices. All notices iven b the Ci under this section shall be ersonall served g Y tY P Y on the licensee, sent by First Class mail to the licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed premises. 9. Enforcement. Enforcement actions provided in this section sha11 not be exclusive, and the City Council may take any action with respect to a licensee, a tenant, �.tests or the licensed premises as is authorized by this Code or state law. Section 12-912A. NO RETALIATION. No licensee�5hal1 evict, threaten to evict or take any other punitive action against any tenant by reason of good faith calls made by such tenant to law enforcement agencies relating to criminal activity; si�spectecl; criminal activity, suspicious occurrences or public safety concerns. This section shall not prohil�a�;t�e eviction of tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, �regulations or lease terms other than a prohibition against contacting law enforcement age�cies. Section 12-912B. FALSELY REPORTING VI+�LATIC�NS. No nersori sha11 report a violation of tlus Chanter or crtv orcunance knowui� or ha�n� reason to know that the renort is false with the intent to affect the licensin�'status or insnection schedule of the nronertv. Section 12-912C. CRIME FREE�HQUSING�F�Z.pGRAM.;°�; For nuraoses of this Ghanter. the Crime Free Housin� Pro�rarn sha11 mean the nationallv recoaiized nro�ram, uriless�otlier�ise indicated. Tlie nhases'of the nrosram include, but are not limited to, the condrtions<set forth below. 1. Phase I.� For license cate�ories other �than Twe I, an owner, mana�er or local a�ent resnonsi�le for the oneratiori of the rental nroner'tv must comnlete the Phase I trainin� of the crime=free housin� nrosram or a similar course`abbroved bv the Citv Mana�er. Certification as a rental nronertv mana�er mav also `satisfv this reauirement. �a)_�Owners andlor onsite Mana.�ers must attend an ei�ht-hour crime-free housin� course nresente�l'by�nolice. fire; iiublic housing and others. bliJs�°�a vvritten lease includin� the Minnesota Crime Free Housin� Lease Addendum. cl Check the �riininal backeround of all nrosnective tenants and. unon reauest. nrovide a conv of Third Partv Backsround Check nrocedures for Tenants. dl Activelv nursue the eviction of tenants who violate the terms of the lease andlor the crime free lease addendum. 2. Phase 2. Includes Phase 1 nlus the followin� al Comulete a Securitv Assessment and comnlete the securitv imnrovements recommended. This nhase will certifv that the rental nronertv has met the securitv reauirements for the tenant's safetv. i bl Attend a minimum of 25 �ercent of Owners/Mana�ers Association Meetin�s. City of Brooklyn Center 12 2 5 City Ordinance 3. Phase 'Three. Includes Phase 1& 2 nlus the followin� al For nronerties wit12 more than four uruts, conduct resident trauun� annuallv for the residents where crime watch and crime nrevention techniaues are discussed. b) For nronerties with more than four units. hold re�ular resident meetin�s. cl Attend a minimum of 50 nercent of Owners/Mana�ers Association Meetin�s. dl Have no unresolved Citv Code violations within the nast vear. Section 12-912D. CRIME FREE/DRUG FREE HOUSING LEASE ADDENDUM REQUIREMENTS 1. All tenant leases. excent for state licensed residential` facilities subiect to a11 nreemntorv state and federal laws. sha11 contain the Crime Free/Drug:.Free Housin� Lease Addendum. The Crime Free/Dru� Free nrovisions are in addition to all other terms of the lease and do not limit or renlace anv other nrovisions. These lease nrovisions�'�sha11 be inco�norated into everv new and� renewed lease for a tenancv be�innin� Januarv 1. 2010. Section 12-912C. TENANT RESPONSIBILiTIES. 1. Access to Premise. Per Minnesota Statutes. each tenant or occunant of a rental dwellin� must �ive the owner, owner's rebresentative or authorized citv official access to anv nart of such rental dwelling at reasonable times for the nurnose of insnection, maintenance, repairs or alterations as are necessarv to comnlv with the nrovision of this Ordinance. 2. Comnliance with �ZeQUlatians. A tenan# must comnlv with annlicable citv codes and a11 annlicable local. state and federal re�ulations. A tenant is resnonsible for annlicable nronertv code. nuisance and violations of disorderlv conduct as snecified in Section 12-911 which occur on the t�ronertv., includin� v�olations �omxnitted bv household members or auests. Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. ��Rental nronerties��that meet'the nrovisional licensin� criteria as described in Section 12-901 mav be eli�ible onlv for nrovisiona.l licenses. a) +t,,.+ ..�oa rz,.e �c e e o e e e o �,.e ,,.,�i� a it•�,. °a;..,. ,.a ,.;�;°a �.o�,..., o ��3�2-9��9i'�'$i�i''�6 r� D,. e«tie ,;+1, .,1 1; o 0 �1:�. .,.,,1.,« l;..o.,�o .,.,1.. .,#o,. .,.�-:,n+L. .,,o« +1,.,., �C «..l:..o '��'g�-�xperr��'vm�urcvr-c�-pzi 'r pviivcr vrrcu—rv-r r a.aaa.�aa v.� Y „�,..,llr o o«+., ..il ..�.,.1,;..1, e b.e..el.�, .7o..t,,,.o.i City of Brooklyn Center 12 2 6 City Ordinance i c i�1t��SCII1� JC f f f 7 f 7 I j 1t)f�' irj �no r;,�., n,.a:.,.,.,� o��� o� nn� r�,..,,, ..t,e,..,.,i;.; rr,r;�., c+..� c� no%i1� e-' �A�3 #i �s�cs a g. nra;,,�,,,.e a o a ��ni��n? �aiv�s��ar�E �.ifi-O�@fi� —�.z'i7 n a;:::;:,,.o i ��n� t� �nn n,r «ae,a., .,a,,,,+ n►a;,,� a+.,�. �no e, �1 j ��cs ��i +"rtT✓i= u2�rc°vi:virE��l�a."�si��v aaicazc ����;«o r;.�, n,.a;..,,.,,,, c +e,.� ..e,,,,e`.,;;+�, o o ,.�„o,. rn,r;,,,, e+.,� �no.cm i u�oce,,,,e ...t,�<, ir,r;�„ c�.�+ �no i �s� �ro +�,..a.,+n rn �r:.,., c,-.,+ �no i i�, ����v6i�o«:,,,, r:+.,n..a;.,.,.,,,e io �ni �o n:,�, r,r.,.,,,,.e,. 6&SeSr �'d. cc City of Brooklyn Center 12 2 7 City Ordinance Q„l..i !1.\ �,�.a .,�l���n�° .i cc i�12s�1£ 2.� The period of time used to determine whether a provisional license is required is described in section 12-901�} unless otherwise set forth bv the Miti�ation Plan. 3.� The City will provide by mail to each licensee a monthly report of any police calls and incidents and annlicable nronertv code violations as described in 12-901. 4. Mitigation Plan. The applicant for a prQvisional� license must submit for Council review a mitigation plan for the license �peiiod. The mitigation plan sha11 describe steps proposed by the applicant to reduce the number of police and fire calls and/or the nronertv code issues described in 12-901 arid 12-911 to a level that qualifies for a regular. license category. The°�tigation plan may include such steps as= changes in tenant screening procedures,, changes in lease terms, security measures, rules and regulations for tenant conduc�, security personnel, and time frame to imnlement` ail �hases of the Crime Free Housin� Pro�ram. 5. Council Consideration. Tfie applicatio� with a proposed mitigation plan will be presented to the City Council together �th a recommendation by the City Manager'or the IVlanager's designee as to the clis�osition thereof. After giving the applican�, an opportunity to be heard and present evidence, the Council sha11 approve, disapprove;', or approve with conditions the application and the mitigation }�1an� If the Cou.�cil�disap�roves an application and mitigation plan or approves it with �onditioris, it sha11 state its reasoris far so doing in writing. In evaluating a mrtigatio�,plan, the Council will consider, a.mong other things, the facility, its managemen� practices, the nature and seriousness of causes for police and fire incidences �s��ndJor nronertv code issues and the expected effectiveness of �m�asures identified in the�plan to reduce the number of police a.nd fire incidences ancUor uronertv code violations. sa� In evalua.ting a mitigation plan submitted by an �ap�licant alr+eady under a provisionallicense, the Council will also consider the effeehueness of�measures identified in the applicant's previous mitigation plan and the need for different or addrtional measures to reduce police and fire incidences and�or nronertv code violations. ea� 6 4 Comnliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee sha11 mail or deliver to the City Manager a written report describing a11 steps taken in furtherance of the mitigation plan during the preceding month. Section 12-914. TENANT BACKGROUND CHECKS. City of Brooklyn Center 12 2 8 City Ordinance 1. All hcensees will conduct criminal background checks on all prospective tenants. The criminal background check must include the following: (a) A statewide (Minnesota) criminal history check of all prospective tenants and anv subseauent nersons residin� in the dwellin� unit covering at least the last three years; the check must be done "in person" or by utilizing the most recent update of the state criminal history files; (b) A statewide criminal history check from the prospective tenant s previous sta.te of residence if the tenant is moving directly from the previous sta.te; (c) A criminal history check of any prospective tenant in their previous states of residence covering the last three years if they have not resided in Minnesota for three yeazs or longer; (d) A criminal history check of any prospective tenant must be conducted in all seven counties in the metro Twin City area co�ering at least the last three yeazs including all �`�iisdemeanor,,,�gross misde�neanor, and felony convictions. (e) Licensees will z�etain criminal history �heck information for at least one year after the date,of the check or, if th� subject of the check becomes a tenant of the licensed premises,� one year a�ter the subject of the check has I� cease� to be a tenant: Such inforriiation sha�l iie available for inspection upon reguest by the Ci{y Manager or the City Manager's designee. Section 12=100�. ENF(�RCEMENT AND INSPECTION AUTHORITY. The City Manager and his designa�ed agents shall be the compliance official who shall administer and enforce t�� �rovisions of tius Ordiriance and who is hereby authorized to cause inspections on a scheduled��asis for rental dw��ling units, and other buildings when reason exists to believe that a violation of t�ii� Ordinance has �ieen or is being committed. Inspections sha11 be conducted during reasonable times ���ke�s, and the compliance official sha11 present evidence of official capacity to�tliE flccupant iu���charge of a respective dwelling unit. Section 12-1002. INSPECTION ACCESS. Pursuant to Minnesota. Statutes 504B.21 L the owner, mana�er or local�`aeent is resuonsible for schedulin� the insbection and notifving anv existin� tenant of the insnection. The owner. mana¢er or local a�ent. must nrovide access to the reauestin� citv authorized a�ent at the schedule insnection time or as reauested. Any owner, occupant, or other person in charge of a building may refuse to permit free access and entry to the structure or premises under his control for inspection pursuant to this Ordinance, whereupon the compliance official may seek a court order authorizing such inspection. City of Brooklyn Center 12 2 9 City Ordinance Section 12-1101. L7NFIT FOR H[LTMAN HABITATION. 1. Any buildin or ortion thereof, wluch is dama ed, deca ed, dila idated, g P g Y P msanitary, unsafe, vermin or rodent infested, or which lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfaze of the occupants or of the public may be declared unfit for human habitation. Whenever any building or premises has been declared unfit for human habitation, the compliance official shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation, and any operating license previously issued for such dwelling shall be revoked. 2. It shall be unlawful for such building or �Qi thereof to be used for human habitation until the defective conditiQns �ve beeri corrected and written approval has been issued by the compliance o�eial. It shall �e unlawful for any person to deface or remove the declaration placard from any such building. Q 1 1 1/l'� Cr /�T TD� T TAT�TT A ATTI T7 A!'� A TL'T1 I2T TTT T1TAT!`_ eE�eir v v d I Section 12-110�. HAZARD.OUS BUILDING DECLARATION. In the event that a building has been declarec� unfit for;human habita.tion and the owner has not remedied the defects within_a pr.escribed� reasonabie t�ne, the building may be declared a hazazdous building and treatecl. cor�sisten# with the pro�isions of 1Vlinnesota Statutes. Section 12-1201A: ,COMPLIANCE ORDER. Whenever the compliance official determines �t�at any building qr �ortion thereof, or the premises surrounding any of these; fails to meet the provisions of this Chapter, a compliance order setting forth the violations of �the Ordinance and oidering the owner, occupant, operator, or agent to correct such violations shall be issued. This corripliance orde�shalL• l. Be in�writing: 2. Describe the location and nature of the violations of this Ordinance. 3. Establish a reasonable time for the correction of such violation and notify of appeal recourse. 4. Be served upon the owner or agent or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: City of Brooklyn Center 12 3 0 City Ordinance I a. Served upon owner, agent or occupant personally; or b. Sent by 1� class mail to his/her last known address; or c. Upon failure to effect notice through (a) and (b) as set out in this section, posted at a conspicuous place in or about the building, or portion thereof, which is affected by the notice. Violations may be cited by the City and prosecuted, and license suspension, revocation or non-renewal may be undertaken by the City whether or not a compliance order has been issued. Section 12-1201B. ACTION PLAN. The comnliance officia3:rnav reauire an action nlan to be completed bv the licensee. mana�er or local a�ent in a desi�iiat�d time frame that indicates the stens taken to correct identified violations and the measures that will be taken to ensure on�oin� comnliance with citv ordinances and a�nlicable codes:� Section 12-1202. RIGHT OF APPEAL: When it is alleged by any �erson to whom a compliance order is directed that such compliance order is based upon erroneous interpretation of this Ordinance, such person may ap�eal the compi�ance oxder �to the City Couiacil sitting as a board of appeals. Such appeals must be in writing, mus���pecify the grounds for��t�ie appeal, must be accompanied by a filing fee as set �orth��per council resolution, in cash or cashier's check, and must be filed with the department of planning and inspection within five (5) business days after service of the compliance order. The filing of an appeal shall stay a11 proceedings in furtherance of the action appealed fro�,,unless such a stay would cause immirient peril to life, health, or property. Section 12-1203.�„BOARD APPEALS DECISION. Upon at least five (5) business days notice to�_fih� �ppellant of the t�xne and place for hearing the appeal, and within thirty (30) days after said app�eai is filed, the board of appeals sha11 hold a hearing thereon, taking into consideration any advice and recomimendation fror� the advisory housing commission. The board of appeals may reverse, modi�'y, or affirm, in whole or in part, the compliance order and may order rei�zrn of a11 or part of the filing fee if the appeal is upheld. Section 12-i204. RESTRICTIONS ON TRANSFER OF OWNERSHIP. It sha11 be unlawful for the ovvner any building, or portion thereof, upon whom a pending compliance order has been served tt�; sell, trausfer, mortgage, lease or otherwise dispose thereof to another person until the provisions o�;t�ie �ta.g or compliance order have been complied with, unless such owner shall furnish to the grantee, lessee, or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledging. Anyone securing an interest in the building, or portion thereof, who has received notice of the existence of a violation tag or compliance order sha11 be bound by same without further service of notice and sha11 be liable to a11 penalties and procedures provided by this Ordinance. Section 12-1205. PENALTIES. Any person who fails to comply with a compliance order after right of appeal has expired, and any person who fails to comply with a modified City of Brooklyn Center 12 31 City Ordinance compliance order within the time set therein, upon conviction therefore shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Each day of such failure to comply shall constitute a separate punisha.ble offense. Section 12-1206. EXECUTION OF COMPLIANCE ORDERS BY PUBLIC AUTHORITY. Upon failure to comply with a compliance order within the time set therein and no appeal having been taken, or upon failure to comply with a modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council may, by resolution, following a hearing upon not less than ten (1D) days notice to the landowner cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a lien against the subject real estate and may�,be��levied and collected as a special assessment in the manner provided by Minnesota Statutes, Chapxer 429, but the assessment shall be payable in a single installment. Section 12-1301. ALTERNATIVE SANCTIONS. Notwithstanditn.g the availability of the foregoing compliance procedures and the perialties, when�ver the compl�ance official determines that any building, or porti�n thereof, or the �xemises'surrounding any of these fails to meet the requirements set forth in this Ordinance, the compliance official may issue a violation tag summoning the responsible person into court or request.the issuance of a criminal complaint and arrest warrant. Section 12-1302 ��'ENALTIES. Any person �iQlating any of�the provisions of this Ordinance by doing �ny act or omitting to do any act,�vhicli con.stitutes a breach of any section of this Ordinance, shall,�ixpon convictifln thereof by lawful authority, be punished by a fine not to exceed one thousand dollar� ($1,000� or by imprisonment not to exceed ninety (90) days or both, together wrth the: costs of prosecution. Each day that a violation continues shall be deemed a sepazate punishable.of�ense. No provision of this Ordinance designating the duties of any official ox employee of�the shall,be so construed as to make such official or employee liable for the pe��lty provided in �s section because of failure to perform such duty, unless the intention of't�e City Council to impose such penalty on such official or employee is specifically and clearly expressed in the section creating the duty. Section 12-140:1. SEPAR.ABILITY. Every section, provision, or part of this Ordinance is declared separable frQm ever� other section, provision, or part to the extent that if any section, provision or part of the Orclinance shall be held invalid, it sha11 not invalidate any other section, provision or part thereof. Section 12-1402. NO WARRANTY BY CITY. Bv enactin� and undertakin� to enforce this Ordinance. neither the Citv, Citv Council. its asents nor emnlovees warrant or �uarantv the safetv, fitness or suita.bilitv of anv Rental Dwellins or Rental Dwellin� Unit in the Citv. Owners and occunants should take annronriate stens to nrotect their interests. health, safetv and welfare. City of Brooklyn Center 12 3 2 City Ordinance Work Session Agenda Item No. 3 City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE: October 8, 2009 TO: City Council FROM: Curt Boganey, City Mana��E�� SUBJECT: Center Pointe Apartments Update COUNCIL ACTION REQUIRED Monday we will provide the Council with a verbal update regarding the Status of Center Pointe Apartments. BACKGROUND I have attached an e-mail from Assistant City Manager that was prepared in Apri12009, providing a status of the property at that time. Most if not all of the facts outlined in this e-mail are still current. COUNCIL POLICY ISSUES It is not expected that any Council Policy decisions will be required at this time. 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.cityofbrooklyncenter.org Sharon Knutson From: Vickie Schleuning nt: Thursday, April 16, 2009 11:10 AM Scott Bechthold; Kevin Benner; Brian Peters; Patrick Toohey; Gary Gilpin; Sharon Knutson Cc: Curt Boganey; Dan Jordet; Jim Glasoe; Lee Gatlin; Gary Eitel; Steve Lillehaug; Stu Robinson Subject: Summary Status of Center Pointe Apts Hello, Because of the variety and number of issues associated with Center Pointe Apartments, I have attempted to provide a summary of the current status for internal use. It also includes some background information. Channel 12 ran a news piece yesterday (link below) and we will likely receive additional calls from the media as a result of the recent court decision. Please let me know if you have comments or questions. 1. On April 9, 2009, the Judge ruled that a material breach of the Consent Decree had occurred. Therefore, it allowed the city to impose the revocation of the rental license for Center Pointe Apartments. The rental license is revoked for a one-year period effective the date of the order, April 9, 2009. a. The evidentiary hearing was held on December 17, 2008 with final submission on January 13, 2009. b. The rental license revocation applies to the property, and therefore would apply if ownership changes. c. The City Council revoked the rental license on December 10, 2007, but the revocation was stayed under parameters established by the Consent Decree. The Consent Decree terminated on April 9, 2009 with the revocation. d. Even though Center Pointe does not have a rental license, the property would need to comply with the requirements of city codes. e. The revocation does not require tenants who are in place to leave. f. The property is still required to be in compliance with applicable state and local regulations such as building, health and life safety, property, etc. g. Please see the copy of the court ruling for more information. 2. Center Pointe Apartments has not had a current rental license since it expired on November 30, 2008, and was not renewed. During this time period, vacated apartment units have not been re-rented. The occupancy rate is approximately 559�0. They have 252 total units. 3. In actions separate from the City, Center Pointe Apartments was mortgaged foreclosed. The Hennepin County SherifYs sale occurred on March 31, 2009. The redemption date is September 30, 2009. It was purchased by CP Acquisition, LLC for $6,417,593.00. More information is available on the Hennepin County website. A foreclosure process map is available on the city website. 4. In actions separate from the City, US Bank took legal actions to appoint a receiver to manage the property in September 2008. The appointed receiver is Steven Scott Management. 5. Tenants who have concerns about the foreclosure and how it affects them may contact the Homeline hotline number that is included in the papers that tenants were served (this is required by law). HomeLine I hotline at 612-728-5767. They also have information about tenants rights in Minnesota during foreclosure on their website at http://www.homelinemn.or�/foreclosure.htmL 6. A link to the Channel 12 blurb is http://www.twelve.tv/news/newsitem.aspx?newsid=405&newsitemid=9038 1 It continues to be important to refrain from stating any person opinions or suggestions about Center Pointe Apartment or related parties to the public throughout this process. Any data practices requests about actions facilitated by the city should be referred to Curt Boganey, City Manager or Vickie Schleuning, Assistant City Manager/Director BCS. �formation about actions taken by other parties will be referred to the appropriate parties. Please share with your staff as appropriate. Please let me know if you have additions or further questions. Thank you. Vickie Schleuning Assistant City Manager/Director of Building Community Stds. Cit�y of Broaklyn Center 63015hingle Creek Pkwy Brooklyn Center, MN 55430-2139 Emai1J VSchleunina<7ci.brooklvn-center.mn.us Ph) 763-569-3309 FaxJ 763-569-3494 2