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HomeMy WebLinkAbout2010 01-11 CCP Regular Session • AGENDA CITY COUNCIL STUDY SESSION January 11, 2010 6:00 P.M. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn • • • CITY COUNCIL MEETING City of Brooklyn Center January 11, 2010 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 o r reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call . 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. December 14, 2009 — Study Session 2. December 14, 2009 — Regular Session 3. December 14, 2009 — Work Session b. Licenses C. Resolution Designating Official Newspaper d. Resolution Designating Depositories of City Funds e. Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Five Cities Senior Transportation Project, Hennepin Recycling Group, Local Government • Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Pets Under Police Security, Project Peace, Twin Lakes Joint Powers Organization, and Visit Minneapolis North CITY COUNCIL AGENDA -2- January 11, 2010 • f. Resolution Recognizing the Contributions of Ethnic Populations and Heritage g g Celebrations g. Resolution Granting Corporate Authority for Transactions of Financial Business Matters h. Application and Permit for Temporary On -Sale Liquor License Submitted by Church of St. Alphonsus, 7025 Halifax Avenue North, for an Event to be Held February 13, 2010 i. Site Performance Guarantee Releases for Burger King Restaurant (3201 County Road 10), CVS Pharmacy (5801 Brooklyn Boulevard), Retail Strip Mall (615 66` Avenue North), Brooklyn I, LLC (6901 Brooklyn Boulevard), and McDonald's (5525 Xerxes Avenue North) j. Resolution for the Withdrawal and Termination from the Joint and Cooperative Agreement for Use of Personnel and Equipment During Emergencies Regional Mutual Aid Association k. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 2008 -1, 02, 03, and 04, Contract 2008 -A, Maranatha • Area Neighborhood Street, Storm Drainage, and Utility Improvements 1. Resolution Establishing 2010 Street and Storm Drainage Special Assessment Rates M. Resolution Establishing the Interest Rate for 2010 Special Assessments n. Resolution and Consent Order Imposing Administrative Penalty for SuperAmerica #3192 at 6950 Brooklyn Boulevard o. Resolution and Consent Order Imposing Civil Penalty for SuperAmerica #4058 at 1901 57th Avenue North 7. Presentations / Proclamations /Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Judith Bergeland for 19 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: — Motion to adopt resolution. b. Resolution Expressing Recognition and Appreciation of Gretchen Knutson for Her Dedicated Public Service on the Housing Commission Requested Council Action: • — Motion to adopt resolution. CITY COUNCIL AGENDA -3- January 11, 2010 • C. Resolution Expressing Recognition and Appreciation of Joshua Xiong for His Dedicated Public Service on the Housing Commission Requested Council Action: — Motion to adopt resolution. d. Resolution Expressing Recognition and Appreciation of Mark Nemec for His Dedicated Public Service on the Financial Commission Requested Council Action: — Motion to adopt resolution. e. Resolution Expressing Appreciation for the Donation of the Brooklyn Center American Legion Post 630 in Support of the 2010 Summer Safety Academy Program Requested Council Action: — Motion to adopt resolution. f. Resolution Expressing Appreciation for the Donations of the Brooklyn Center Lions Club in Support of the 2010 Earle Brown Days Parade and the 2010 Summer Puppet Wagon Program Requested Council Action: . — Motion to adopt resolution. 8. Public Hearings a. An Ordinance Amending Ordinance No. 2008 -06 Regarding Council Salaries for 2009 -2010 -This item was first read on December 14, 2009, published in the official newspaper on December 24, 2009; and is offered this evening for public hearing. Requested Council Action: — Motion to open public hearing. — Motion to take public input. — Motion to close public hearing. — Motion to adopt ordinance. 9. Planning Commission Items —None 10. Council Consideration Items a. Select Presiding Officers — Mayor Pro Tern and Acting Mayor Pro Tern Requested Council Action: — Council discuss and select presiding officers. b. Resolution Declaring Commitment to the Brooklyn Center City Charter • Requested Council Action: — Motion to adopt resolution. CITY COUNCIL AGENDA 4- January 11, 2010 C. Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City RepresentativeNoting Delegates for Other Organizations for 2009 Requested Council Action: — Motion to ratify Mayoral appointments. d. Resolution Establishing the Brooklyn Center Centennial Celebration Planning Committee Requested Council Action: — Motion to adopt resolution. e. Resolution Authorizing Execution of a Professional Services Agreement for Design Services, Dupont Avenue Street and Utility Improvements Project No. 2010 -01 Requested Council Action: — Motion to adopt resolution. f. Resolution Providing for the Competitive Negotiated Sale of $ 2,350,000 General Obligation Utility Revenue Bonds, Series 2010A Requested Council Action: • — Motion to adopt resolution. g. Mayoral Appointment — Financial Commission Requested Council Action- -Motion to ratify Mayoral appointment. h. An Ordinance Relating to Tobacco Related Products; Amending City Code Sections 23 -107 and 23 -108 and Adding New Section 23 -109 Requested Council Action: — Motion to approve first reading and set second reading and Public Hearing for February 8, 2010. 11. Council Report 12. Adjournment • EDA MEETING City of Brooklyn Center January 11, 2010 AGENDA 1. Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 2. Roll Call 3. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1. December 14, 2009 — Regular Session • 4. Commission Consideration Items a. Resolution Electing Officers for the Economic Development Authority in and for the City of Brooklyn Center Requested Commission Action: — Motion to adopt resolution. b. Report on Acquisition of 6025 Brooklyn Boulevard Requested Commission Action: — Motion to receive report. 5. Adjournment AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION • January 11, 2010 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. CGI Video on City Website — Vickie 2. Administrative Fines Update — Vickie 3. Rental Licensing Criteria Update — Vickie 4. TIF Districts Update — Gary/Dan PENDING LIST FOR FUTURE WORK SESSIONS January 25 1. Gateway Commons- Revoked Rental License 2. Local Government Aid Policy 3. Group Home Report 4. Community Gardens • 5. Meetings with Commissions 6. Brookdale Mall Update 7. Hennepin County Active Living Program Presentation Later /Ongoing 1. Sister City Update — Curt 2. Strategic Plan Goals — Outcomes Success Measures 3. 57th and Logan Update 4. Strategic Outcome Reports 5. Department Year End Reports 6. Legislative Update a. Prosecutor Services 7. Community Schools Update 8. Ordinance Amendments — Farmers Market 9. 2011 Brooklyn Center Celebration Update 10. Crime Free Housing Update 11. Random Acts of Kindness — Mayor Willson 12. Neighborhood Designations 13. Junk and Inoperable Vehicles Update — Back Yard Parking 14. Minn. Stat. 273.128 4d Rental Properties — Annual Report 15. Visit Minneapolis North Update 16. 6101 Beard -6037 Brooklyn Blvd Update- May . 17. Joslyn/City Property Remediation Update 18. Prosecutor's Contract City Council'Agenda Item No. 6a • • • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION DECEMBER 14, 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, Director of Fiscal & Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Police Chief Scott Bechthold, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. • CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested discussion on agenda item 6e, specifically in relation to the over - budget amount of $13,353.45 due to necessary electrical work. City Manager Curt Boganey explained that these electrical costs were unanticipated at the time the initial contract was put together and were required to meet the OSHA mandate. MISCELLANEOUS Mayor Willson recommended the City Council read the recent article included in the League of Minnesota Cities magazine regarding an open meeting law violation that occurred through email communication. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS REQUEST FROM SPECIAL EVENTS COMMITTEE Mr. Boganey noted the December 8, 2009, memorandum from the Special Events Committee regarding the Centennial Committee. The Committee notes that the Centennial celebration is almost upon them and the Centennial Committee has been functioning without a Chair. The Special Events Committee has offered to serve as the planning committee for the Centennial celebration. The Committee has provided a draft framework for how the Centennial sub- committee could work. This includes a mission statement, structure, goals for the committee, and a preliminary action plan. Additionally, the Special Events Committee appointed Keith 12/14/09 -1- DRAFT i • Lester to its Board of Directors and also appointed Mr. Lester as the Chair of the Centennial sub- committee. There was discussion on the proposal by the Special Events Committee to serve as the planning committee for the Centennial celebration. Councilmember Lasman stated she is Council liaison to the Special Events Committee and stated her support of the proposal. She noted the Committee recommends that banking for the event be done through Bremer Bank. Mr. Boganey stated it has been recommended that the Committee reporting, submit a budget for approval by the Mayor and the City Manager. In terms of his understanding is the expectation is that there would be a reporting made to the City Council, perhaps through the Council liaison. There would also be a need for a staff liaison. He would expect to be involved as it relates to the budget, appropriation approvals, and publicly allowable expenditures. There was discussion on the importance of involving a broad spectrum of the community, including all four of the school districts and the Brooklyn Historical Society, in the planning and development of the Centennial celebration. The majority consensus of the City ouncil was support of the Special ecial Events Committee J Y Y Pp serving as the planning committee for the Centennial celebration as outlined in the framework, and to approve of the request by the Special Events Committee that the funds provided by the City for the Centennial celebration be established at Bremer Bank. A budget is to be submitted prior to the transfer of an Cit • p Y Y funds. It was requested that the nonprofit status of the Special Events Committee be verified and provided to the City Council. Mr. Boganey stated the consensus of the City Council to proceed with the proposal of the Special Events Committee will be formalized with a resolution at a January City Council meeting. Councilmember Lasman asked if the Council is agreeable to allowing the Special Events Committee to begin work on Centennial celebration planning prior to the formal approval of the Council, as there is a meeting of the Committee scheduled this week. The majority consensus of the City Council was to authorize the Special Events Committee to begin work on Centennial celebration planning prior to the formal approval of the Council. 6101 BEARD — 6037 BROOKLYN BLVD UPDATE Police Chief Scott Bechthold provided an update on the response to violent crime within a 500 - foot radius around the BP Amoco located at 6044 Brooklyn Boulevard. He stated a problem solving partnership was developed between the Police Department and the owners of each of the following properties: BP Amoco located at 6044 Brooklyn Boulevard, Beard Avenue Estates located at 6101 Beard Avenue North, and Northbrook Apartments located at 6037 Brooklyn Boulevard. Chief Bechtold outlined the four -point strategy implemented in November of 2009 12/14/09 -2- DRAFT • with the goal to reduce crime and the residents' concern of crime. 1. BP Amoco, Beard Avenue Estates, and Northbrook Apartments are being tasked with top -to -bottom security review called Crime Prevention Through Environmental Design (CPTED). 2. Identify prevention opportunities to remove the attraction of crime to each of the properties. 3. Sergeant Roth will provide a plan for proactive enforcement response. 4. Assessment and communication. Chief Bechthold stated a similar plan was previously put into place at the SuperAmerica located on 69 and Brooklyn Boulevard, which has served as a good working model. Councilmembers Lasman and Ryan stated they have received positive responses from residents regarding the results of the crime prevention efforts in the 69 and Brooklyn Boulevard area. The City Council expressed its appreciation of the efforts of the Police Department with the above outlined crime prevention efforts. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Roche moved and Councilmember Lasman seconded to close the Study Session at 6:43 p.m. • Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Roche seconded to reconvene the Study Session at 6:55 p.m. Motion passed unanimously. MULTIPLE RENTAL PROPERTY OWNERS UPDATE Mr. Boganey provided an overview of the December 3, 2009, memorandum from City Clerk Sharon Knutson and the attached Multiple Rental Property Owners Report. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 7:00 p.m. Motion passed unanimously. • 12/14/09 -3- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 14, 2009 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM r The Brooklyn Center City Council met m order b Forum called to Y Ma Informal Open 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, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehau g, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Scott Bechthold, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. • Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Ms. Sharon Kephart, 5130 65 Avenue N, addressed the City Council and stated her daughter will be one of the ten American teenagers carrying the torch for the 2010 Winter Olympics. She will be representing the United States, the State of Minnesota, and the City of Brooklyn Center. Ms. Kephart stated she has provided the City with a Get to Know your 2010 Olympic Torchbearer publicity poster for the City to display. Ms. Kephart stated she is pleased to see that a Sister City update is included on the City Council work session agenda. The City has been provided with information on the potential Sister City of Lofa County, Liberia. She stated the Kids for a Better World Inc. 5010 status will be made available at any time that it is requested by the City. She stated the pursuit of a Sister City relationship with Lofa County, Liberia and the Kephart, City of Brooklyn Center, which was proposed by Ashley Ke p continues today. The Lofa County, Liberia display at the Hennepin County Regional Building will continue through the first of the year. Ms. Diane Sannes, 7006 Willow Lane N, addressed the City Council and stated it was reported on Cable Channel 12 today that vacancies in the City are now under 300. She discussed the positive effect of reaching out to potential home buyers to welcome them to the neigh borhood. Ms. Sannes stated she heard a conversation tonight about how the City works with 5016 nonprofit organizations. She commented that there is a nonprofit organization the City works very closely with which has been inactive with the Secretary of State for over two years, and has finally become active again this week. She inquired if the Brooklyn Historical Society could • have this same type of relationship with the City. 12/14/09 -1- DRAFT . Councilmember Lasman moved and Councilmember Roche seconded to close the Informal Open Forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Yelich 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 7:28 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, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Scott Bechthold, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. • 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded approval of the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. November 16, 2009 — Joint Work Session with Financial Commission 2. November 23, 2009 — Study Session 3. November 23, 2009 — Regular Session 6b. LICENSES GASOLINE SERVICE STATION Awad Company 6501 Humboldt Avenue N Marathon 1505 69 Avenue N Brooklyn Center Municipal Garage 6844 Shingle Creek Parkway Metropolitan Council 6845 Shingle Creek Parkway Speedway SuperAmerica 1901 57 Avenue N • Speedway SuperAmerica 6950 Brooklyn Boulevard 12/14/09 -2- DRAFT • Speedway SuperAmerica 6545 West River Road LIOUOR — CLASS A ON -SALE INTOXICATING AND SUNDAY, Applebee's 1400 Brookdale Mall LIOUOR — CLASS B ON -SALE INTOXICATING, SUNDAY, AND 2 AM Crowne Plaza Minneapolis North 2200 Freeway Boulevard Oak City 2590 Freeway Boulevard LIOUOR — CLASS C ON -SALE INTOXICATING AND SUNDAY, AMF Earle Brown Lanes 6440 James Circle North LIOUOR — CLASS D ON -SALE INTOXICATING AND SUNDAY Embassy Suites 6300 Earle Brown Drive LIOUOR — CLASS F ON- S, AL,E INTOXICATING AND SUNDAY, Flik International @ Earle Brown Heritage Center 6155 Earle Brown Drive LIOUOR — ON -SALE CLUB INTOXICATING AND SUNDAY, Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard LIOUOR — ON -SALE WINE INTOXIC:A.TING AND 3.2 PERCENT MALT, LIQUOR u C 1 Buffet 6090 Shingle Creek Parkway 50's Grill 5524 Brooklyn Boulevard Great India 6056 Shingle Creek Parkway LIOUOR — ON -SALE 3.2 PERCENT MALT LIOUOR Centerbrook Golf Course and Central Park 6301 Shingle Creek Parkway Davanni's Pizza and Hot Hoagies 5937 Summit Drive Scorebard Pizza 2 6816 Humboldt Avenue North LIQUOR — OFF -SALE 3.2 PERCENT MALT LIOUOR Awad Company 6501 Humboldt Avenue North Bassil Co. dba Marathon 1 1505 69 Avenue North Cub Foods — Brookdale 3245 County Road 10 Sun Foods 6350 Brooklyn Boulevard SuperAmerica #3192 6950 Brooklyn Boulevard SuperAmerica #4160 6545 West River Road SuperAmerica #4058 1901 57�' Avenue North Value Food 6804 Humboldt Avenue North 1 Condition: submittal of Liquor Liability Insurance Certificate 2 Condition: payment of license fee 12/14/09 -3- DRAFT • MECHANICAL ECO Air Inc. 22713 Buchanan Street NE, East Bethel Glowing Hearth and Home 100 Eldorado Drive, Jordan In Season Mechanical 12007 Glendale Lane, Minnetonka Metro Heating and Cooling 255 Roselawn Avenue E, St. Paul Treated Air 9954 166 Street, Becker RENTAL INITIAL 2701 65 Ave N Trinh Vu 5350 71" Cir Ali Sajjad 6910 France Ave N Sufeng Zheng 6753 Humboldt Ave N Moeen Masood 5542 Irving Ave N Doug Wahl 5836 James Ave N Mai Vang 7000 Morgan Ave N Thomas Dulian (Berkley Group) 340147" Ave N Ryan Lakes Apts Clover Management 4811 Lakeview Ave Diane Krenz RENEWAL 5308 Emerson Ave N Phlip & Ginger Luoma Anderson • 4107 Lakebreeze Ave Robb Yurch 4220 Lakeside Ave Richard Arntson 320064 1h Ave N Keith McConnell 3500 66 Ave N Justin Jacobs 5105 Brooklyn Blvd George Lucht 6939 Brooklyn Blvd Jacob Yanish 3618 Commodore Dr Tou Thao 7218 Grimes Ave N Shawn & Djuana Banks 6807 Humboldt Ave N C301 William Newgren 5400 Irving Ave N Passed with Weather Deferral — Exterior shed, back stairs, and Walkway shall be repaired Paul Vue 5736 June Ave N Jackie & Gary Hempeck 5449 Lyndale Ave N Dakota Communities 7110 Riverdale Rd James Nelson 5900 Washburn Ave N John & Gail Lambert 6012 York Ave N Korpo Ngaim/Presley Hanson SIGN HANGER All -Brite Sign Inc. 13325 Commerce Boulevard, Rogers Elements Inc. 10044 Flanders Court, Blaine • TOBACCO RELATED PRODUCT 12/14/09 -4- DRAFT . Awad Company 6501 Humboldt Avenue N Marathon 1505 69 Avenue N Brooklyn Center Municipal #1 5625 Xerxes Avenue N Brooklyn Center Municipal #2 6930 Brooklyn Boulevard Mussab Inc. 6930 Brooklyn Boulevard Royal Tobacco 5625 Xerxes Avenue N Speedway SuperAmerica 190157"' Avenue N Speedway SuperAmerica 6950 Brooklyn Boulevard Speedway SuperAmerica 6545 West River Road Value Food 6804 Humboldt Avenue N 6c. APPROVAL OF SITE PERFORMANCE GUARANTEE REDUCTION FOR 5545 XERXES AVENUE NORTH (WENDY'S INTERNATIONAL) 6d. 2010 CITY COUNCIL MEETING SCHEDULE 6e. RESOLUTION NO. 2009 -138 ACCEPTING PROJECT NO. 2008 -17 CONTRACT 2008 -K, CAPITAL MAINTENANCE BUILDING PLAN PROJECT AND AUTHORIZING FINAL PAYMENT TO COMMERCIAL SYSTEMS, LLC 6f. RESOLUTION NO. 2009 -139 TO AUTHORIZE THE CITY MANAGER TO SIGN AND EXECUTE GRANT CONTRACTS WITH THE . MINNESOTA DEPARTMENT OF PUBLIC SAFETY Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2009 -140 EXPRESSING RECOGNITION AND APPRECIATION OF RONALD A. WARREN FOR OVER 35 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER City Manager Curt Boganey introduced the item and stated the purpose of the proposed resolution. Mayor Willson recited Resolution No. 2009 -140. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -140 Expressing Recognition and Appreciation of Ronald A. Warren for Over 35 Years of Dedicated Service to the City of Brooklyn Center. Councilmember Roche and Mayor Willson recognized Mr. Warren for his service to the City. . Motion passed unanimously. 12/14/09 -5- DRAFT • 7b. RESOLUTION NO. 2009 -141 EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF OFFICER WILLIAM KONCAR Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Mayor Willson recited Resolution No. 2009 -141. Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009 -141 Expressing Recognition and Appreciation for the Dedicated Public Service of Officer William Koncar. Motion passed unanimously. 7c. RESOLUTION NO. 2009 -142 EXPRESSING RECOGNITION AND APPRECIATION OF REX NEWMAN FOR HIS DEDICATED PUBLIC SERVICE ON THE NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION • NO. 2009 -142 Expressing Recognition and Appreciation of Rex Newman for His Dedicated Public Service on the Northwest Suburbs Cable Communications Commission. Mayor Willson recited Resolution No. 2009 -142. Mr. Newman was recognized by members of the Council and Mr. Boganey for his service on many of the City's commissions and his service to the community. Motion passed unanimously. 7d. RESOLUTION NO. 2009 -143 EXPRESSING APPRECIATION FOR DONATIONS FROM THE BABE RUTH ORGANIZATION Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Mayor Willson recited Resolution No. 2009 -143. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009 -143 Expressing Appreciation for Donations from the Babe Ruth Organization. Motion passed unanimously. 12/14/09 -6- DRAFT • 8. PUBLIC HEARING 8a. ORDINANCE NO. 2009 -07 RELATING TO THE REGULATION OF SIGNS; AMENDING BROOKLYN CENTER CITY CODE, SECTIONS 34 -130 AND 34- 140 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning provided an overview of the proposed ordinance. It was noted that the proposed ordinance amendment will clarify the required setback for temporary signs to be posted. Mr. Boganey stated that the purpose for the proposed change to the ordinance is totally unrelated to any desire on the part of the City Council or staff to step up or somehow become more aggressive or assertive as it relates to enforcing the sign ordinance. The intent is strictly to provide clarity to both the residents and to staff in terms of where it is acceptable in allowing for a person to have a temporary sign. The City has historically enforced the ordinance according to complaints received. Also, in keeping with the Council goals of maintaining a safe and aesthetically pleasing environment to control the proliferation of these signs, on an occasional basis staff will go through an area where they have seen a lot of signs that are in obvious violation. Councilmember Ryan moved and Councilmember Roche seconded to open the Public Hearing. . Motion passed unanimously. Ms. Carol Kleven, 5835 Zenith Avenue N, addressed the City Council and stated her preference for a three -foot setback for sign placement, rather than the pro�osed ten -foot setback. Ms. Kleven stated she first came to the City about this issue on June 8 of this year because her sign had been taken down. She did not really receive a response, so she called Councilmember Yelich who came to her home to discuss the matter. She and others do not think the signs were taken down evenly or fairly, and she has provided the City Council with photos and addresses. She stated she gave a demonstration of 15 feet and a petition from citizens, and she brought 40 people that agreed with the petition that the 15 -foot setback be changed to three feet. She stated she also gave the Council a chart of 11 sister cities showing they enforce on a complaint basis only or due to an obstruction of view. She provided the names and number of those she has spoken with. Ms. Kleven stated people like to have garage sales and go to garage sales. Garage sales are doing the citizens a service. Brooklyn Center is a poor City and the residents need garage sales for their budgets. She does not understand the reluctance to change enforcement to do what the other cities do by just a complaint basis. She stated she also talked to Mn/DOT who said they are only interested in the highways and let the cities each decide what they want in their own cities. Ms. Kleven thanked the City Council. Mr. Tony Kuefler, 5943 Abbott Avenue N, addressed the City Council and stated he is not much of a garage - saler, but he believes that garage sales have a benefit to the saler and to the community participants like those in Brooklyn Center where there are a lot of first -time • homeowners with a need for those items. With the number of new people in the community, the 12/14/09 -7- DRAFT • garage - Balers are kind of a club and get acquainted with each other. Mr. Kuefler stated it is difficult to see the argument of obstructing visibility, as there is a size requirement on the signs. He pointed out there is also the need to receive permission from the property owner to post the sign. He would side with a setback less than the ten feet but had a discussion with the City Manager and understands the clarification this would provide. Mr. Kuefler stated the City has ordinances on grass length and not parking on the lawn. These ordinances are enforced based on resident complaints, and this type of enforcement would work very well with the garage sale signs. He suggested the City Council try this approach in 2010 and then evaluate whether to go back to the current enforcement. Ms. Myrna Kragness, 3401 63' Avenue N, addressed the City Council and stated her support of the proposal that the ordinance be enforced on a complaint only basis. She stated she would also like to see political signs treated the same as garage sale signs. Mr. Roger Kloster, 7223 Lee Avenue N, addressed the City Council and suggested requiring a permit and fee in order to post signs of a certain size. He pointed out that this would be an avenue for additional revenue for the City and the signs would be regulated. Councilmember Roche moved and Councilmember Lasman seconded to close the Public Hearing. Motion passed unanimously. i It was noted that there has been an effort by the City to compromise and to address the concerns raised by residents on the sign ordinance enforcement. Councilmember Roche moved and Councilmember Yelich seconded to adopt ORDINANCE NO. 2009 -07 Relating to the Regulation of Signs; Amending Brooklyn Center City Code, Sections 34 -130 and 34 -140. Ms. Schleuning provided an overview of information obtained in a comparison study staff conducted on enforcement by other communities. It was noted that the ten -foot setback was recommended by the Traffic Engineer based on safety and common right -of -way locations. In regards to political signs, City Attorney Charlie LeFevere advised that the Legislature adopted a law that limits the power of cities to regulate campaign signs during the political season. During that time cities do not have authority to regulate the number and size of political signs. It was the determination of the Legislature that the public purpose served by campaign signs outweighs any local regulations on signs. Mr. Boganey noted that the City is allowed to enforce the location of political signs. Motion passed unanimously. i 12/14/09 -8- DRAFT • 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS VENUE NORTH, , 10a. HEARING FOR ANTHONY , 7125 KYLE A REGARDING POTENTIALLY DANGEROUS DOG DECLARATION Mr. Boganey introduced the item and discussed the history of the item. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Mr. Anthony Francis, 7125 Kyle Avenue N, addressed the City Council and stated he was raised in Brooklyn Center. This situation revolves around his dog and his neighbor. He believes it was an accident and that his dog was provoked. His dog bit his neighbor on the wrist. It was a small puncture that did not require stitches. The situation happened on Labor Day. He and his father were in the garage. His neighbor, Mark, was out watering his lawn and came out and moved the sprinkler. Mark and his dog surprised each other, and he believes Mark provoked the dog in right some way with the sprinkler. Mark said ow and his dog ran into the ho use g ht awa y and did not inflict any more pain on him. Mr. Francis stated he has raised his dog to be a great, kind, loving, and caring dog. The dog is well cared for and he takes full responsibility for him. After • the incident happened, he accommodated Mark and did everything he could. He bandaged the bite, drove him to the hospital and paid his hospital bill. He talked to Mark the next day. He was not wearing a bandage and they cleared the air. Mr. Francis stated Mark signed the following testimony: Hello, my name is Mark Johnson. I am Tony's neighbor and was bitten by his dog, Brinks, on September 7 Since then Tony has apologized numerous times and helped accommodate me with taking care of medical bills for this incident. I have now met Brinks face to face and do not believe he is a dangerous dog. Signed, Mark Johnson Mr. Francis stated he does not believe his dog would bite anybody if he was not provoked and that he is not dangerous in his eyes. not include testimony o Mayor Willson clarified that the y at the Animal Control Review Panel did the mention of a provocation on the part of Mr. Francis' neighbor. Mr. Francis replied that he does not believe his dog would attack Mark if he was not provoked. He believes they surprised each other and his dog grabbed for the sprinkler in Mark's hand. Right away the dog knew he did something wrong and ran into the house. Mayor Willson clarified that there were two puncture wounds. is 12/14/09 -9- DRAFT Ryan inquired about the time of da the incident occurred. Mr. Francis replied Councilmember y q Y • the incident occurred at about 3:00 or 4:00 in the afternoon on Labor Day. The hospital was the only medical facility open at that time. Councilmember Roche verified that the ordinance requires the potentially dangerous dog hearing process regardless of the above - referenced letter signed by Mr. Francis' neighbor. Mr. Francis stated he takes full responsibility for his dog. He has complied with everything that has been asked of him other than registering the dog, which he has no problem doing. He does not want the p otentially dangerous dog label attached to his dog. Councilmember Lasman pointed out that in accordance with the ordinance Mr. Francis is allowed the option to have his dog re- evaluated in six months to request to have the designation removed if there are no further incidents. She suggested Mr. Francis look into behavior training for the dog and that the dog be on a leash at all times. She explained that provocation means teasing and those types of things. Moving a sprinkler may have surprised the dog, but this is still dangerous behavior. Councilmember Yelich stated this designation on the dog is in no way a reflection on Mr. regardless comment on whether re requested Mr. Francis to g Francis as a responsible pet owner. He q of training some animals instinctively behave in a certain way . Mr. Francis replied that this is possible, but he spends a lot of time with his dog every day to make sure his emotional and physical needs are met. He walks him around the neighborhood, they see a lot of kids riding . bikes and they come pet him. The dog is always around people and little kids. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to uphold the decision and findings of the Animal Control Review Panel to declare Mr. Francis' dog a potentially dangerous dog. Motion passed unanimously. 10b. CONSIDERATION OF 2010 BUDGET 1. RESOLUTION NO. 2009 -144 APPROVING FINAL TAX CAPACITY LEVIES FOR THE GENERAL FUND AND HOUSING & REDEVELOPMENT AUTHORITY AND MARKET VALUE TAX LEVY FOR DEBT SERVICE FUND FOR PROPERTY TAXES PAYABLE IN 2010 I Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009 -144 Approving Final Tax Capacity Levies for the General Fund and Housing & Fund for Property Taxes Tax Lev p rty Redevelopment Authority and Market Value y for Debt Service Fun . Payable in 2010. 12/14/09 -10- DRAFT • Councilmember Yelich stated one piece of information shared with the Council but not noted in Mr. Boganey's earlier comments was the City property tax rates compared to other cities. The information provided by Mr. Jordet was that the tax rates are on the high side. Councilmember in that distinction may Yelich stated he is concerned that have y create a disincentive for businesses g to invest in City. redevelopment in the Ci The City should be conscious of that in 2010 and in p future years to try to do its best to move towards the Council goal of keeping property tax levies at an absolute minimum. Like families, they need to operate the City within their means. He believes the residents are trying to tell them that they appreciate the services being provided at a reasonable cost, but they are also looking at their return on investment in Brooklyn Center and have some concerns. Motion passed unanimously. 2. RESOLUTION NO. 2009 -145 APPROVING FINAL TAX CAPACITY LEVIES FOR THE GENERAL FUND AND HOUSING & REDEVELOPMENT AUTHORITY AND MARKET VALUE TAX LEVY FOR DEBT SERVICE FUND FOR PROPERTY TAXES PAYABLE IN 2010 Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -145 Establishing a Final Property Tax Levy for the Purpose of Defraying the Cost of Operation, Providing Informational Services and Relocation Assistance Pursuant to the Provisions of Minnesota Statutes chapter 469.033 for the City of Brooklyn • Center Housing and Redevelopment Authority for Fiscal Year 2010. Motion passed unanimously. 3. RESOLUTION NO. 2009-146 ADOPTING THE 2010 GENERAL FUND BUDGET Councilmember Ryan moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -146 Adopting the 2010 General Fund Budget. Motion passed unanimously. 4. RESOLUTION NO. 2009 -147 ADOPTING THE SPECIAL REVENUE FUND BUDGETS Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -147 Adopting the Special Revenue Fund Budgets. Motion passed unanimously. 5. RESOLUTION NO. 2009 -148 ADOPTING THE 2010 DEBT SERVICE FUND BUDGETS Councilmember Ryan moved and Councilmember Roche seconded to approve RESOLUTION a NO. 2009-148 Adopting the 2010 Debt Service Fund Budgets. _ DRAFT 12/ 14/09 11- • Motion passed unanimously. 6. RESOLUTION NO. 2009 -149 ADOPTING THE 2010 CAPITAL PROJECT FUND BUDGETS Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -149 Adopting the 2010 Capital Project Fund Budgets. Motion passed unanimously. 7. RESOLUTION NO. 2009 -150 ADOPTING THE 2010 ENTERPRISE FUND BUDGETS Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -150 Adopting the 2010 Enterprise Fund Budgets. Motion passed unanimously. 8. RESOLUTION NO. 2009 -151 ADOPTING THE 2010 PUBLIC UTILITY FUND BUDGETS Councilmember Ryan moved and Councilmember Roche seconded to approve RESOLUTION • NO. 2009 -151 Adopting the 2010 Public Utility Fund Budgets. Motion passed unanimously. 9. RESOLUTION NO. 2009 -152 ADOPTING THE 2010 INTERNAL SERVICE FUND BUDGETS Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -152 Adopting the 2010 Internal Service Fund Budgets. Motion passed unanimously. 10. RESOLUTION NO. 2009 -153 ADOPTING THE 2010 -2024 CAPITAL IMPROVEMENT PROGRAM Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009-153 Adopting the 2010 -2024 Capital Improvement Program. Motion passed unanimously. 12/14/09 -12- DRAFT It. RESOLUTION NO. 2009 -154 ADOPTING 2010 WATER UTILITY RATES, FEES • AND CHARGES Councilmember Ryan moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -154 Adopting 2010 Water Utility Rates, Fees and Charges. Motion passed unanimously. 12. RESOLUTION NO. 2009 -155 ADOPTING 2010 SEWER UTILITY RATES, FEES AND CHARGES Councilmember Roche moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009-155 Adopting 2010 Sewer Utility Rates, Fees and Charges. Motion passed unanimously. 13. RESOLUTION NO. 2009 -156 ADOPTING 2010 STORM SEWER UTILITY RATES, FEES AND CHARGES Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -156 Adopting 2010 Storm Sewer Utility Rates, Fees and Charges. • Motion passed unanimously. 14. RESOLUTION NO. 2009 -157 ADOPTING 2010 STREET LIGHT RATES AND CHARGES Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -157 Adopting 2010 Street Light Rates and Charges. Motion passed unanimously. 15. RESOLUTION NO. 2009-158 ESTABLISHING 2010 RECYCLING RATE Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -158 Establishing 2010 Recycling Rate. It was noted that there have been many joint City Council /Financial Commission meetings to discuss the 2010 Budget. Motion passed unanimously. 10c. MAYORAL REAPPOINTMENTS TO CITY ADVISORY COMMISSIONS Mayor Willson recommended reappointment of those commission members who have expressed • willingness to continue serving. 12/14/09 -13- DRAFT Financial Commission — term to expire 12/31/2012: Susan Shogren Smith • Housing Commission — term to expire 12/31/2012: Kris Lawrence - Anderson Park and Recreation Commission - term to expire 12/31/2012: John Ruseell; Thomas Shinnick Planning Commission — term to expire 12/31/2012: JoAnn Campbell- Sudduth; Carlos Morgan; Michael Parks Councilmember Lasman moved and Councilmember Ry an seconded to ratify the Mayoral reappointments to City Advisory Commissions. Motion passed unanimously. 10d. RESOLUTION NO. 2009 -159 CONSENT ORDER IMPOSING CIVIL PENALTY FOR DUOOS BROTHERS AMERICAN LEGION POST 630 AT 6110 BROOKLYN BOULEVARD Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -159 Consent Order Imposing Civil Penalty for Duoos Brothers American Legion Post 630 at 6110 Brooklyn Boulevard. • Motion passed unanimously. 10e. AN ORDINANCE AMENDING ORDINANCE NO. 2008 -06 REGARDING COUNCIL SALARIES FOR 2009 -2010 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance, noting the amendment would keep Council salaries for 2010 at the same rate as 2009. Councilmember Ryan moved and Councilmember Roche seconded to adopt an ORDINANCE Amending Ordinance No. 2008 -06 Regarding Council Salaries for 2009 -2010. The motion on the floor was amended as follows: Councilmember Yelich moved and Councilmember Lasman seconded to approve the first reading and set second reading and Public Hearing for January 11, 2010, an Ordinance Amending Ordinance No. 2008 -06 Regarding Council Salaries for 2009 -2010. Motion passed unanimously. 10L RESOLUTION NO. 2009 -160 SETTING SALARIES FOR CALENDAR YEAR 2010 12/14/09 -14- DRAFT Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed • resolution. Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009 -160 Setting Salaries for Calendar Year 2010. Motion passed unanimously. 10g. AN ORDINANCE RELATING TO THE REGULATION OF RENTAL PROPERTIES; AMENDING BROOKLYN CENTER CITY CODE, SECTIONS 12 -101 THROUGH 12 -1401 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Ms. Schleuning provided a presentation on the goals and highlights of the proposed ordinance. There was discussion on triggers for a Type IV Provisional License. Ms. Schleuning indicated that this topic will be discussed in detail in Council work session. Mr. Boganey explained that there has been discussion by staff on whether the Type IV license category should include the term "Provisional," as the term in the proposed ordinance has a different meaning than the previous language. It was suggested that for the sake of continuity the "provisional" term be referenced so that future City Councils are able to see that the term has evolved into the current license category. Councilmember Lasman moved and Councilmember Yelich seconded to approve the first reading and set second reading and Public Hearing for January 25, 2010, An Ordinance Relating to the Regulation of Rental Properties; Amending Brooklyn Center City Code, Sections 12 -101 through 12 -1401. Staff was commended for the hard work involved with the proposed ordinance. Mr. Boganey commended Ms. Schleuning for her leadership on this item and noted the team effort of the different departments. Ms. Schleuning thanked the Multi- Housing Association, the Housing Commission, and the landlords that were involved in the process. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the Hmong Celebration a t the Hennepin in County Library on December 5 h . 12/14/09 -15- DRAFT Councilmember Lasman reported on her attendance at the following events: Hmong Celebration • at the Hennepin County Library on December 5 Holly Sunday on December 6 City Council /Financial Commission budget work sessions over the past several Mondays. Councilmember Roche reported on the following year -end update: The year began with Brookdale and Macy's closing; there was a foreclosure crisis in the City, which has ended; clean- up in the City with code enforcement; rental ordinance update; and properly value stabilization. He stated his job in the coming year is for property value improvement. Councilmember Roche further reported that crime is down across the board in this community. The year ended with a sheriff's sale at Brookdale. He pointed out that the City does not control this property, but it controls the infrastructure around the property with noted improvements. He stated he heard tonight that this is a poor City. He stated the City is rich in character, and it is on sound footing. financially with thanks to the staff working behind the scenes. Councilmember Ryan reported on his attendance at the following events: December 5 th Toys for Tots collection at the Embassy Suites Hotel with thanks to Mark Sandburg for organizing the breakfast and the Brooklyn Center Taxpayers Association; December 5 th visit to the new Liberian Community Center in Brooklyn Park; December 5 th Hmong Holiday Celebration; December 6 Holly Sunday Celebration and the lighting of the Christmas tree. Mayor Willson reported on his attendance at the following events: City Council/Financial Commission budget work sessions; December 5 th Hmong Cultural Event; December 5 th Liberian Community Center Grand Opening at 7001 78 Avenue North, noting that the facility is • completely paid for as the Liberian community does not believe in holding debt; December 6th Holly Sunday Celebration which was put together, moderated and coordinated by youth in the Hmong community. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 9:28 p.m. Motion passed unanimously. 12/14/09 -16- 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 DECEMBER 14, 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 8:40 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 Fiscal & Support Services Dan Jordet, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. MULTIPLE RENTAL PROPERTY OWNERS REPORT • Discussion continued on the Multiple Rental Property Owners Report. It was noted that based on the data there does not appear to be a large difference between rental and owner- occupied properties in terms of code and nuisance violations. There also does not appear to be one entity buying up multiple rental properties in the City. CITY PROPERTY TAX COMPARISON City Manager Curt Boganey introduced the item and indicated that staff has provided property tax comparison information as requested at a budget work session. The information includes a list of tax capacity rates for all cities within Hennepin County, as well as four charts using the normal comparison cities and nearby cities. Mr. Boganey provided an overview of Property Tax Comparison Data for Taxes Payable FY 2009 and Proposed Taxes Payable FY 2010 and answered questions of the City Council on the comparison information. There was discussion on the Pay 2010 Extension Rate and the median property value in the City. There was discussion on the drop in median value of homes in the City of Brooklyn Center. Mr. Boganey noted that Brooklyn Center had a higher percentage of foreclosures than most of the City's peers. Brooklyn Center was one of the few cities that qualified for the foreclosure revenue from the State due to the relative high amount of foreclosures. e There was discussion on continued efforts to improve property values in the City throu gh branding, continued decreases in the crime rate, stopping the foreclosure crisis, and creating • aesthetic improvements. 12/14/09 -1- DRAFT It was noted that a goal of redevelopment is to raise the tax base and lower property taxes. le can raise a family and Redevelopment will also bring in affordable ' Y . p g jobs to the City where people J build the local economy. Mr. Tony Kuefler, 5943 Abbott Avenue N, addressed the City Council and stated as a homeowner it is all about the issues the Council has stated, but also about how much house you can get for the money. He stressed that while they need things like safety, they also need to increase the quality of the the have and do what the q tY maintain the housing y y can to maintain or i homes. SISTER CITY UPDATE Mr. Boganey discussed the history of Sister City Relationship discussions held by the City Council. He provided an overview of issues for consideration by the City Council in relation to the establishment of a Sister City Relationship. He stated a representative of Sister Cities International (SCI) has said there are many models and ways to approach this type of program. It should be done in a way that suits the community. Mr. Boganey stated if Council consensus is to proceed, he would suggest that following this meeting he would make conta ct with representatives of the different groups that have expressed an interest in a Sister City Relationship to explain the process and receive their feedback. Mr. Boganey provided an overview of the following proposed actions that the City may wish to require in order for community advocates to participate in a Sister City Relationship: q Y hi P• expressing interest m the relations 1. A formal letter or statement from the Sister City ex g • tY p 2. Information exchange about the community. 3. Formal structure (preferably non - profit corporation) provide the City with organization bylaws and a memorandum of understanding that at minimum will: a) Describe how a broad based sister city committee will be established. b) How formal alliances will be established. c) How cultural differences will be bridged. d) A statement of clear program objectives. e) How exchanges will be carried out on an ongoing basis. Mr. Boganey advised that in terms of staff commitment and funding, the annual dues payment to SCI is $510.00 per year. Sharing that cost with the sister cities does not seem unreasonable. In terms of a staff liaison, this would be difficult as the numbers expand and having a staff person assigned to each group, but staff could commit to attending one or two meetings per year in order to maintain support and relationship for these committees. Mr. Boganey provided information on an informal "friendship" relationship under the umbrella of Sister Cities as a possible alternative to the Sister City Relationship. There was concern expressed regarding the possible costs and staff time associated with a Sister City Relationship, as well as the current lack of community involvement. There was discussion on exploring the potential of Friendship City Relationships. 12/14/09 -2- DRAFT Ms. Sharon Kephart, 5130 65 Avenue N, addressed the City Council and provided information • on the Lofa County, Liberia Sister City efforts. She stated there is currently a group of 30 people working with this Sister City Relationship unofficially, and that these efforts began in 2008. This group of individuals includes business people, residents, Liberians, African Americans, Caucasians, youth, adults, seniors, and churches. They wanted to offer the City the chance to be part of this organization. Ms. Kephart stated her position that the $500 annual dues payment to SCI is not necessary. She stated she has helped to get sister cities together in other cities, and that it is about the excitement and celebration and getting to know the people. She stressed that supporting the Sister City with a letter of support goes a long way to raise their spirits. There was not a majority consensus reached on the Sister City Relationship; further discussion will be held at a future work session. It was noted that Council policy requires adjournment at 11:00 p.m. unless a majority consensus is reached to continue the work session. ADMINISTRATIVE FINES UPDATE The majority consensus of the City Council was to include this item on the January 11, 2010, City Council Work Session. RENTAL LICENSING CRITERIA UPDATE The majority consensus of the City Council was to include this item on the January 11, 2010, • City Council Work Session. ADJOURNMENT Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 11:05 p.m. Councilmember Yelich voted against the same. Motion passed. 12/14/09 -3- DRAFT City Council Agenda Item No. 6b • • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: January 5, 2010 of SUBJECT: Licenses for Council Approval. Recommendation: It is recommended that the City Council consider approval of the following list of licenses at its January 11, 2010, 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. BOWLING ALLEY AMF Earle Brown Lanes 6440 James Circle • FIREWORKS — PERMANENT Big Lots 5930 Earle Brown Drive GASOLINE SERVICE STATION Christy's Auto Service 5300 Dupont Ave N Holiday Stationstores, Inc. 42066 1h Avenue N Perfect Car Wash #504 6849 Brooklyn Boulevard Qwest Communications 6540 Shingle Creek Pkwy Two Rivers Investment, Inc. 6840 Humboldt Ave N MECHANICAL DJ's Heating and A/C 6060 Labeaux Avenue, Albertville Midwest Heating & A/C 26355 Tucker Road, Rogers Thermex Corporation 3529 Raleigh Avenue S, St. Louis Park Treated Air Company 9954 166 Court, Becker PUBLIC DANCE AMF Earle Brown Lanes 6440 James Circle RENTAL See attached report. • • Page 2 Licenses for Council A pp roval January 11, 2010 SECONDHAND GOODS DEALER CD Warehouse 6072 Shingle Creek Parkway GameStop #535 6068 Shingle Creek Parkway SIGN HANGER Franz Reprographics 2781 Freeway Boulevard TOBACCO RELATED PRODUCT American Legion 4630 6110 Brooklyn Boulevard CVS Pharmacy #1683 5801 Brooklyn Bouelvard Holiday Stationstores, Inc. 420 66 Avenue N Holiday Stationstores, Inc. 6890 Shingle Creek Parkway Perfect Car Wash #504 6849 Brooklyn Boulevard Sun Foods 6350 Brooklyn Boulevard Two Rivers Investment,- Inc. 6840 Humboldt Ave N Walgreen Company 6390 Brooklyn Boulevard • • Iental �:�cerses for Council rova1an January 11, 2010 i Assessin i .. t: :Y:. y;T•x .. .� a$C' o ixiz•. ° 'e f.�soe�:.° ?;yc•`i..'�'. '; tl l , G _ Inspector derk" C lerk-.' I Clerk l�we ing y Renewal „ ® arW w • rr+rri�"f+fiiYl r i r ior7a *rrliY�rMY1 unpaid i Unpaid a pe or Initial Owner : Calls f r'Service Utilit Taxes ; _ 4700 68th Ave N W Two Family -1 Initial Chufeng Xiong None per 12 -911 Ordinance OK OK 280163rd Ave N Single Family Initial Thomas Bennett None per 12 -911 Ordinance OK OK 5930 Camden Ave N Single Family Initial Matthew Joseph None per 12 -911 Ordinance OK OK 6824 Dupont Ave N Single Family Initial Christopher Tobkin None per 12 -911 Ordinance OK OK 7235 Fremont Ave N Single Family Initial Deepak Nath None per 12 -911 Ordinance OK OK 7205 Perry Ct E Single Family Initial Alfred /Brett Harris None per 12 -911 Ordinance OK OK 4450 58th Ave N 1 Bldg Renewal James Lupient None per 12 -913 Ordinance OK OK Basswood Apartments 11 Units 6101 Beard Ave N 1 Bldg 1 Damage to Property, 1 Robbery, 1 Auto Theft, 5 OK OK Renewal Kenneth Phelan Disturbing Peace (.33 calls per unit for 12 -913 Beard Avenue Apartments 24 Units ordinance+ 3 Bldg Property Damage, 2 Thefts, 1 Disturbing Peace, 1 6331 Beard Ave N g Renewal Clover Management OK OK 36 Units Auto Theft (.17 calls per unit for 12 -913 Ordinance) 5843 Fremont Ave N 1 Bldg Renewal D & 1 Properties LLC None per 12 -911 Ordinance OK OK 7 Units 4100 Lakebreeze Ave 1 Bldg Renewal Bruce Waage None per 12 -911 Ordinance OK OK 4 Units 6813 Noble Ave N Two Family - 1 Renewal David Zemke None per 12 -911 Ordinance OK OK 6731 Bryant Ave N Single Family Renewal Chuma Ikeqwani None per 12 -911 Ordinance OK OK 3819 France PI Single Family Renewal Robert Lindahl None per 12 -911 Ordinance OK OK 4207 Lakeside Ave #134 Single Family Renewal William & Linda Bjerke None per 12 -911 Ordinance OK OK 6007 Pearson Dr Single Family Renewal Shane Sander None per 12 -911 Ordinance OK OK City Council Agenda Item No. 6c • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk jVjW DATE: January 4, 2010 SUBJECT: Resolution Designating Official Newspaper Recommendation: It is recommended that the City Council consider adoption of Resolution Designating Official Newspaper. Background: Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circulation in the City as its official newspaper in which the City will publish ordinances, bids, public hearing notices, advertising for proposals, assessments, bonds, financial reports, and other matters as required by law. Sun Newspapers has nce again requested the City Council to designate Brooklyn Center Sun -Post to be the official • g q newspaper for 2010. Brooklyn Center Sun -Post meets all necessary requirements for designation. Attachments: Resolution Designating Official Newspaper Minnesota Statutes Chapter 331A Budget Issues: The 2010 budget includes $5,500 for legal publications. • its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun -Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun -Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun -Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 2010. • January 11, 2010 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. i — Ono" Sun Patriot tillwatfr &�Ews a3ette B1r6 Beacon Puss n Newspapers w".mnsunfom 116 East River 408 E. Main St. 33 Second St. N.E. 10917 Valley View Road 8 Elm Street South 1931 Curve Crest Blvd. qW ticello, MN 55362 Melrose, MN 56352 Osseo, MN 55369 Eden Prairie, MN 55344 Waconia, MN 55387 Stillwater, MN 55082 November 2009 City of Brooklyn Center City Council 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear City Council Members: The Brooklyn Center Sun -Post would like to be considered for designation as the legal newspaper for the City of Brooklyn Center for the upcoming year. All published legal notices are posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broaden the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun -Post is our home delivery. Sun Newspapers has become the primary source of community news in the suburbs. Your notices in our paper have the best chance of being seen and read. &e would like to continue working with you, therefore, we will not be making a rate change for the coming year. The rate structure for legals effective the first of the year will be- 1 column width: $14.30 per inch for first insertion $7.15 per inch for subsequent insertions Our columns are 14 picas wide There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 p.m. the Thursday prior to publication. E- mailing the legal notices is an efficient arid accurate way of getting the notices to us. The e -mail address for the legals department is sunleaals@ acnr)ar)ers.com. If you require more information to make your deci- sion, please contact me or Mary Ann Carlson, our Legals Representative, at 952 - 392 -6829. Thank you for considering the Sun -Post as the official newspaper for the City of Brooklyn Center for the upcoming year. We appreciate the opportunity to serve the needs of your community. Sincerely, Jeff Coolman Vice President and Group Publisher i In the Community • With the Community • For the Community 1 MINNESOTA STATUTES 2009 331A.01 • CHAPTER 331A QUALIFIED NEWSPAPERS 331A.01 DEFINITIONS. 331A.07 AFFIDAVIT OF PUBLICATION. 331A.02 REQUIREMENTS FOR A QUALIFIED 331A.08 COMPUTATION OF TIME. NEWSPAPER 331A.09 PUBLICATION ON SUNDAY OR HOLIDAY. 331A.03 WHERE NOTICE PUBLISHED. 331A.10 CHANGE OF NAME OR DISCONTINUANCE OF 331A.04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL NEWSPAPER- PUBLICATIONS. 331A.11 APPLICATION. 331A.05 FORM OF PUBLIC NOTICES. 331A.12 WEB SITE PUBLICATION OF LOCAL 331A.06 RATES FOR PUBLICATION. TRANSPORTATION RFR 331A.01 DEFINITIONS. Subdivision 1. Scope. As used in sections 331A.01 to 331A.11, the terms defined have the meanings given them except as otherwise expressly provided or indicated by the context. Subd. 2. Known office of issue. "Known office of issue" means the newspaper's principal r r not printing or an other ri t business related to the newspaper, whethe o y office devoted primarily o P g operations of the newspaper are conducted at or fro m the office. A newspaper may have only one known office of issue. • Subd. 3. Political subdivision. "Political subdivision" means a county, municipality, school district, or any other local political subdivision or local or area district, commission, board, or authority. Subd. 4. Municipality. "Municipality" means a home rule charter or statutory city or town. Subd. 5. [Repealed, 2004 c 182 s 33] Subd. 6. Proceedings. "Proceedings" means the substance of all official actions taken by the governing body of a political subdivision at any regular or special meeting, and at minimum includes the subject matter of a motion, the persons making and seconding a motion, the roll call vote on a motion, the character of resolutions or ordinances offered, including a brief description of their subject matter, and whether defeated or adopted. b Subd. 7. Public notice. Public notice means every notice required or authorized y law or by order of a court to be published by a qualified newspaper, and includes: (1) every publication of laws, ordinances, resolutions, financial information, and proceedings intended to give notice in a particular area; (2) every notice and certificate of election, facsimile ballot, notice of referendum, notice • of public hearing before a governmental body, and notice of meetings of private and public bodies required by law; Copyright 0 2009 by the Revisor of Statutes, State of Minnesota All Rights Reserved. 2 MINNESOTA STATUTES 2009 331A.02 • (3) every summons, order, citation, notice of sale or other notice which is intended to inform a person that the person may or shall do an act or exercise a right within a designated period or upon or by a designated date; and (4) this subdivision contains no independent requirement for the publication of any public notice. Subd. 8. Qualified newspaper. "Qualified newspaper" means a newspaper which complies with all of the provisions of section 331A.02. The following terms, when found in laws referring to the publication of a public notice, shall be taken to mean a qualified newspaper: "qualified legal newspaper," "legal newspaper," 'official newspaper," "newspaper," and "medium of official and legal publication." Subd. 9. Secondary office. "Secondary office" means an office established by a newspaper in a community other than that in which its known office of issue is located, in the same or an adjoining county, open on a regular basis to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office. Subd. 10. Summary. "Summary" means an accurate and intelligible abstract or synopsis of • the essential elements of proceedings, ordinances, resolutions, financial statements, and other official actions. It shall be written in a clear and coherent manner, and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a designated location or by standard or electronic mail. A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized had been published. No liability shall be asserted against a political subdivision in connection with the publication of a summary or agenda. History: 1984 c 543 s 20; 1986 c 444; 2004 c 182 s 3 -7 331A.02 REQUIREMENTS FOR A QUALIFIED NEWSPAPER. Subdivision 1. Qualification. No newspaper in this state shall be entitled to any compensation or fee for publishing any public notice unless it is a qualified newspaper. A newspaper that is not qualified must inform a public body that presents a public notice for publication that it is not qualified. To be qualified, a newspaper shall: (a) be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches, or 800 square inches if the political subdivision the newspaper purports to serve has a population of under 1,300 and the newspaper does not receive a public subsidy; Copyright 0 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 3 MINNESOTA STATUTES 2009 331A.02 • if a daily, distributed at least five d , the newspaper may a s each week. If not a daily, ro) Y� Y Y be distributed twice a month with respect to the publishing of government public notices. In any week in which a legal holiday is included, not more than four issues of a daily paper are necessary; (c) in at least half of its issues each year, have no more than 75 percent of its printed space comprised of advertising material and paid public notices. In all of its issues each year, have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the community which it purports to serve. Not more than 25 percent of its total nonadvertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news services; (d) be circulated in the political subdivision which it purports to serve, and either have at least 400 copies regularly delivered to paying subscribers, or 250 copies delivered to paying subscribers if the political subdivision it purports to serve has a population of under 1,300, or have at least 400 copies regularly distributed without charge to local residents, or 250 copies distributed without charge to local residents if the political subdivision it purports to serve has a population of under 1,300; (e) have its known office of issue established in either the county in which lies, in whole or . in part, the political subdivision which the newspaper purports to serve, or in an adjoining county; (f) file a copy of each issue immediately with the State Historical Society; (g) be made available at single or subscription prices to any person or entity requesting the newspaper and making the applicable payment, or be distributed without charge to local residents; (h) have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i) between September 1 and December 31 of each year publish a sworn United States Post Office periodicals -class statement of ownership and circulation or a statement of ownership and circulation verified by a recognized independent circulation auditing agency covering a period of at least one year ending no earlier than the June 30 preceding the publication deadline. When publication occurs after December 31 and before July 1, qualification shall be effective from the date of the filing described in paragraph 0) through December 31 of that year; and 0) after publication, submit to the secretary of state by December 31 a filing containing the newspaper's name, address of its known office of issue, telephone number, and a statement that it has complied with all of the requirements of this section. The filing must be accompanied by a fee of $25. The secretary of state shall make available for public inspection a list of newspapers that have filed. Acceptance of a filing does not constitute a guarantee by the state that any other • qualification has been met. Subd. 2. [Repealed, 2004 c 182 s 33] Copyright 0 2009 by the Revisor of Statutes, State of Minnesota All Rights Reserved. 4 MINNESOTA STATUTES 2009 331A.03 • Subd. 3. Publication; suspension; changes. The following circumstances shall not affect the qualification of a newspaper, invalidate an otherwise valid publication, or invalidate a designation as official newspaper. (a) Suspension of publication for a period of not more than three consecutive months resulting from the destruction of its known office of issue, equipment, or other facility by the elements, unforeseen accident, or acts of God or by reason of a labor dispute. (b) The consolidation of one newspaper with another published in the same county, or a change in its name or ownership, or a temporary change in its known office of issue. (c) Change of the day of publication, the frequency of publication, or the change of the known office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to maintain its known office of issue in the county, shall deprive a newspaper of its standing as a qualified newspaper until it again becomes qualified pursuant to subdivision 1. Subd. 4. Declaratory judgment of legality. A person interested in a newspaper's qualification under this section may petition the district court in the county in which the newspaper has its known office of issue for a declaratory judgment to determine whether the newspaper is qualified. Unless filed by the publisher, the petition and summons shall be served on the publisher as in other civil actions. Service in other cases shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside shall be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act and the Rules of Civil Procedure shall apply to the action. Subd. 5. Posting notices on Web site. If, in the normal course of its business, a qualified newspaper maintains a Web site, then as a condition of accepting and publishing public notices, the newspaper must agree to post all the notices on its Web site at no additional cost. The notice must remain on the Web site during the notice's full publication period. Failure to post or maintain a public notice on the newspaper's Web site does not affect the validity of the public notice. History: 1984 c 543 s 21; 1985 c 174 s 1; 1Sp1985 c 13 s 315; 1987 c 30 s 1; 1987 c 286 s 1; 1988 c 682 s 42; 1990 c 395 s 1; 1991 c 205 s 17, 1997 c 137 s 13; 2001 c 38 s 1; 2004 c 182 s 8 -11; 2009 c 152 s 5 331A.03 WHERE NOTICE PUBLISHED. Subdivision 1. Generally. Except as provided in subdivision 2, a public notice shall be . published in a qualified newspaper, and except as otherwise provided by law, in one that is likely to give notice in the affected area or to whom it is directed. When a statute or other law requires Copyright © 2009 by the Revisor of Statutes, State of Minnesota All Rights Reserved. 5 MINNESOTA STATUTES 2009 331A.04 • publication in a newspaper located in a designated political subdivision or area and no qualified publication shall be made in a qualified newspaper ewspaper is located there, pub likely to give q P P notice unless the particular statute or law expressly provides otherwise. If no qualified newspaper exists then ublication is not required. P q Subd. 2. Exception; certain cities of the fourth class. A public notice required to be published by a statutory or home rule charter city of the fourth class located in the metropolitan area defined in section 473.121 q subdivision 2, is not required to be p ublished in a qualified newspaper if there is no qualified nondaily newspaper of general circulation in the city, provided the notice is printed in a newsletter or similar printed means of giving notice that is prepared by the city and either mailed or delivered to each household in the city. Subd. 3. Alternative dissemination of bids and requests. (a) In addition to or as an alternative to the statutory requirements for newspaper publication, a political subdivision may disseminate solicitations of bids, requests for information, and requests for proposals by a means authorized in paragraph (b), if the political subdivision simultaneously publishes, either as part of the minutes of a regular meeting of the governing body or in a separate notice published in the official newspaper, a description of all solicitations or requests so disseminated, along with the . means by which the dissemination occurred. (b) A political subdivision may use its Web site or recognized industry trade journals as an alternative means of dissemination. A dissemination by alternative means must be in substantially the same format and for the same period of time as a publication required by this chapter. (c) For the first six months after a political subdivision designates an alternative means of dissemination, it must continue to publish solicitation of bids, requests for information, and requests for proposals in the official newspaper in addition to the alternative meth od. The q P P publication in the official newspaper must indicate where to find the designated alternative method. After the expiration of the six -month period, an alternative means of dissemination satisfies the publication requirements of law for solicitation of bids, requests for information, and requests for proposals. i History: 1984 c 543 s 22; 1991 c 53 s 1; 2004 c 182 s 12,13 331A.04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL PUBLICATIONS. Subdivision 1. Priority. governing body of a political subdivision, when authorized S h' g g Y P or required by statute or charter to designate a newspaper for publ ication of its p ublic notices, shall designate a qualified newspaper in the following priority. Subd. 2. Known office in locality. If there are one or more qualified newspapers, the • known office of issue of which are located within the political subdivision, one of them shall be designated. Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 6 MINNESOTA STATUTES 2009 331A.04 • Subd. 3. Secondary office in locality. When no qualified newspaper has a known office of issue located in the political subdivision, but one or more qualified newspapers maintain a secondary office there, one of them shall be designated. Subd. 4. General circulation in locality. When no qualified newspaper has its known office of issue or a secondary office located within the political subdivision, then a qualified newspaper of general circulation there shall be designated. Subd. 5. Other situations. If a political subdivision is without an official newspaper, or if the publisher refuses to publish a particular public notice, matters required to be published shall be published in a newspaper designated as provided in subdivision 4. The governing body of a u political subdivision with territory m two or more counties may, if deem ed in the public interest, designate a separate qualified newspaper for each county. Subd. 6. Exception to designation priority. (a) Notwithstanding subdivisions 1 to 3, the governing body of a political subdivision may designate any newspaper for publication of its official proceedings and public notices, if the following conditions are met: (1) the newspaper is a qualified medium of official and legal publication; (2) the publisher of the newspaper furnishes a sworn statement, verified by a recognized • independent circulation auditing agency, covering a period of at least one year ending no earlier than 60 days before designation of the newspaper, stating that the newspaper's circulation reaches not fewer than 75 percent of the households within the political subdivision; (3) the newspaper has provided regular coverage of the proceedings of the governing body of the political subdivision and will continue to do so; and (4) the governing body votes unanimously to designate the newspaper. f a newspaper (b) If the circulation o designated under this subdivision falls below 75 percent of the households within the political subdivision at any time within the term of its designation as official newspaper, its qualification to publish public notices for the political subdivision terminates. Subd. 7. Joint bidding. A bid submitted jointly by two or more newspapers for the publication of public notices must not be considered anticompetitive or otherwise unlawful if the following conditions are met: (1) all of the qualified newspapers in the political subdivision participate in the joint bid; (2) the existence of the joint bid arrangement is disclosed to the governing body of the political subdivision before or at the time of submission of the joint bid; and • Copyright 0 2009 by the Revisor of Statutes, State of Minnesota All Rights Reserved. 7 MINNESOTA STATUTES 2009 331A.05 (3) the board is free to reject the joint bid and, if it does, individual qualified newspapers do not refuse to submit separate bids owing to the rejection of the joint bid. History: 1984 c 543 s 23; 2003 c 59 s 1; 2004 c 182 s 14 331A.05 FORM OF PUBLIC NOTICES. Subdivision 1. English language. All public notices shall be printed or otherwise disseminated in the English language. Subd. 2. Time of notice. Unless otherwise specified by law, or by order of a court, publication of a public notice shall be as follows: (a) the notice shall be published once; (b) if the notice is intended to inform the public about a future event, the last publication shall occur not more than 30 days and not less than seven days before the event; (c) if the notice is intended to inform the public about a past action or event, the last publication shall occur not more than 45 days after occurrence of the action or event. Subd. 3. Type face. Except as otherwise directed by a particular statute requiring publication of a public notice or by order of a court, a public notice shall be printed in a type face no smaller • than six point with a lowercase alphabet of at least 90 points. Larger type faces may be used. Subd. 4. Title or caption. Every public notice shall include a bold face title or caption in a body type no smaller than brevier or eight point referring to the content of the notice. Larger type faces may be used. Subd. 5. Local options. The governing body of a political subdivision may, to better inform the public, increase the frequency of publication of a public notice beyond the minimum required by a particular statute. It may use forms and styles for the notice as it deems appropriate, including the use of display advertisements and graphics. a hics. In addition to publication in the newspaper P Y required to be designated under section 331A.04, it may publish or disseminate the notice in other newspapers and by means of standard and electronic mail. Regardless of whether a particular ' statute specifies legal notice, "public notice, notice, or uses similar terms, the governing body may use whatever form for the published notice that it deems appropriate in order to adequately inform the public, subject to the requirements of sections 331A.01 to 331A.11. Nothing in the foregoing provisions of this subdivision shall require the governing body of a political subdivision to use the options described. Subd. 6. Conflict of laws. Nothing in this section shall invalidate or affect any statutory or charter provision imposing additional or special qualifications for publication of particular notices or s. roceedin P g i Subd. 7. Errors in publication. If through no fault of the political subdivision, an error Copyright © 2009 by the Revisor of Statutes, State of Minnesota All Rights Reserved. 8 MINNESOTA STATUTES 2009 331A.07 • occurs in the publication of a public notice, the error shall have no effect on the validity of the event, action, or proceeding to which the public notice relates. Subd. 8. Notice regarding published summaries. If a political subdivision elects to publish a summary of the political subdivision's financial statement or proceedings as authorized by other law, it must include with the published summary a notice stating that a copy of the full version of the financial statement or proceedings other than attachments to the minutes is available without cost at the offices of the political subdivision or by means of standard or electronic mail. History: 1984 c 543 s 24; 1997 c 56 s 1; 2004 c 182 s 15 -19; 2008 c 154 art 10 s 4 331A.06 RATES FOR PUBLICATION. Subdivision 1. Maximum rate. The maximum rate charged for publication of a public notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears, and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. Subd. 2. Rate increases. Notwithstanding subdivision 1, no newspaper may increase its rates for publication of public notices by more than ten percent per year, as compared to the • maximum rate actually charged by the newspaper in the previous year for publication of public notices, and in any case the new rate shall not exceed the rate described in subdivision 1. Nothing in this section shall be interpreted to mean that such an increase is required. Subd. 3. Rate from competitive bidding. When the governing board of a political subdivision awards a contract for the publication of public notices based on competitive bidding, the rate established by the competitive bidding shall be the rate charged for publication of the public notices. Subd. 4. Publication at legal rate. When a statute refers to publication of a public notice at the legal rate the maximum rate shall be as provided in this section. Subd. 5. Multiyear publication contracts. Notwithstanding other law, a political subdivision may enter into multiyear contracts with a qualified newspaper for publication of the political subdivision's public notices. No multiyear contract may be for a term longer than three years. History: 1984 c 543 s 25; 1985 c 174 s 2; 1994 c 465 art 2 s 18, 2004 c 182 s 20,21 331A.07 AFFIDAVIT OF PUBLICATION. No compensation shall be recoverable for publishing a public notice in any newspaper unless the bill is accompanied by an affidavit of the publisher of the newspaper or the publisher's • designated agent, having knowledge of the facts, stating that the newspaper has complied with all the requirements to constitute a qualified newspaper. The affidavit must set forth the dates Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 9 MINNESOTA STATUTES 2009 331A.10 • of the month and year and the day of the week upon which the public notice was published in the newspaper. The affidavit must also include the publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to section 331A.06. History: 1984 c 543 s 26; 1993 c 48 s 7; 2004 c 182 s 22 331A.08 COMPUTATION OF TIME. Subdivision 1. Time for publication. The time for publication of public notices shall be computed to exclude the first day of publication and include the day on which the act or event, of which notice is given, is to happen or which completes the full period required for publication. Subd. 2. Time for act or proceeding. The time within which an act is to be done or proceeding had or taken, as prescribed by the rules of procedure, shall be computed by excluding the first day and including the last. If the last day is Sunday or a legal holiday the party shall have the next secular day in which to do the act or take the proceeding. Subd. 3. Publication of proceedings. Notwithstanding other statutory publication requirements, if the governing body of a political subdivision conducts regular meetings not more than once every 30 days, the governing body need not publish the meeting minutes in the official newspaper until ten days after the proceedings have been approved by the governing body. History: 1984 c 543 s 27; 2004 c 182 s 23 331A.09 PUBLICATION ON SUNDAY OR HOLIDAY. Any public notice may lawfully be printed in a newspaper published on a Sunday or holiday. Any notice that, by law or the order of any court, is required to be published for any given number of weeks may be published on any day in each week of the term, and if published as many weeks and as many times in each week as required by the law or order, it is a lawful publication. History: 1984 c 543 s 28; 2004 c 182 s 24 331A.10 CHANGE OF NAME OR DISCONTINUANCE OF NEWSPAPER. Subdivision 1. Change of name. When a public notice is required or ordered to be published in a particular newspaper and the name of the newspaper is changed before the publication is completed, the publication shall be made or continued in the newspaper under its new name with the same effect as if the name had not been changed. The proof of the publication, in addition to other requirements, shall state the change of name and specify the period of publication in the newspaper under each name. Subd. 2. Discontinuance. When a newspaper ceases to be published before the publication of a public notice is commenced, or when commenced ceases before the publication is completed, the order for publication, when one is required in the first instance, may be amended by order of Copyright © 2009 by the Revisor of Statutes, State of Minnesota All Rights Reserved. 10 MINNESOTA STATUTES 2009 331A.12 • the court or judge, to designate another newspaper, as may be necessary. If no order is required in the first instance, publication may be made or completed in any other qualified newspaper. Any time during which the notice is published in the first newspaper shall be calculated as a part of the time required for the publication, proof of which may be made by affidavit of any person acquainted with the facts. History: 1984 c 543 s 29; 2004 c 182 s 25 331A.11 APPLICATION. Subdivision 1. Application. Sections 331A.01 to 331A.11 apply to all political subdivisions of the state. Subd. 2. Notices excluded. Sections 331A.01 to 331A.11 do not apply to notices required by private agreements or local laws to be published in newspapers, unless they refer expressly or by implication to this chapter or to particular provisions of this chapter. History: 1984 c 543 s 30; 2004 c 182 s 26,27 • 331A.12 WEB SITE PUBLICATION OF LOCAL TRANSPORTATION RFP. Subdivision 1. Definitions. (a) The terms defined in this subdivision and section 331A.01 apply to this section. (b) "Web site" means a specific, addressable location provided on a server connected to the Internet and hosting World Wide Web pages and other files that are generally accessible on the Internet all or most of the day. Subd. 2. Designation. At the meeting of the governing body of the local public corporation at which the governing body must designate its official newspaper for the year, the governing body may designate in the same manner publication of transportation projects on the local public corporation's Web site. Publication on the Web site may be used in place of or in addition to any other required form of publication. Each year after designating publication on the Web site for transportation projects, the local public corporation must publish in a qualified newspaper in the jurisdiction and on the Web site, notice that the local public corporation will publish any advertisements for bids on its Web site. Subd. 3. Form, time for publication same. A local public corporation that publishes on its Web site under this section must post the information in substantially the same format and for the same period of time as required for publication in an official newspaper or other print publication. • Subd. 4. Record retention. A local public corporation that publishes notice on its Web site under this section must ensure that a permanent record of publication is maintained in a Copyright 0 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 11 MINNESOTA STATUTES 2009 331A.12 form accessible by the public. History: 1 Sp2003 c 19 art 2 s 56 Copyright © 2009 by the Revisor of Statutes, State of Minnesota All Rights Reserved. City Council Agenda Item No. 6d • • • 3 City of Brooklyn Center City Council Agenda Item Memorandum TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Services DATE: 5 January 2010 O' SUBJECT: Depository Resolution Recommendation: It is recommended that the City Council adopt the attached resolution designating depositories for the 2010 fiscal year. Background: At the beginning of each fiscal year, in accordance with Minnesota Statutes 118A.02 and City Council Policy 2.22.4.A, the City Council considers a resolution authorizing depositories for City funds. The resolution includes banks and other • financial institutions as well as dealers and /or brokers managing investments for the City. The attached resolution designates banks which may not currently hold City funds but which may during the fiscal year, become a depository for City funds. In addition, not all investment dealers and /or brokers are part of the City's program but are authorized, after filing the appropriate Broker Certification form, to transact business with the City of Brooklyn Center. This allows the City to bid its investments among competing firms. All of this documentation is reviewed by the City's auditors during the financial statement audit each year. Changes in the resolution from 2009 to 2010 are: • U S Bank, N.A. is the City's primary depository • Northland Securities has been added (Minneapolis, MN) • Morgan Keegan has been removed (Birmingham, AL) • Wachovia Financial Services has been removed (acquired by Wells Fargo) • Smith Barney and Morgan Stanley have affiliated but continue to operate separate financial advisory/security acquisition services Financial Impact: • There is no direct financial impact. Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS WHEREAS, Section 7.01 of the City Charter provides the City Council with authority of public monies; and safekeeping and disbursement , over City funds that includes the p Y Y P g WHEREAS, Section 7.01 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the City Manager and City Treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. That U S Bank, N.A. is hereby designated as the depository for funds of the City of Brooklyn Center. 2. That the following named banks and brokers are hereby designated as additional depositories to be used for investment purposes: Federal Reserve Bank of Minneapolis Bremer Bank Wells Fargo Bank TCF Bank Minnesota Municipal Money Market Fund (4M Fund) Minnesota Municipal Money Market Plus Fund (4M Plus Fund) RBC Dain Rauscher Smith Barney Morgan Stanley UBS Financial Services Northland Securities Multi Bank Securities, Inc The City Treasurer is hereby authorized to deposit funds in accounts guaranteed by the Federal Deposit Insurance Corporation (FDIC), the Securities Insurance Protection Corporation (SIPC), successors of the FDIC or SIPC or other governmental institutions insuring the safety and security of public monies. Funds deposited with designated depositories in excess of the insurance limits available through FDIC, SIPC or its successor institutions shall be covered by collateral in the form of government securities held in the City's name or other • RESOLUTION NO. collateral proposed by the institution and approved by the City of not less than 110% of the value of the uninsured deposits.. 3. That Wells Fargo Merchant Services is hereby designated as the clearinghouse depository for credit card sales. 4. That Wells Fargo Trust is hereby designated as the safekeeping depository for City investments.. 5. That the City Council authorizes the City Manager, the City Treasurer, or the Deputy City Treasurer to act for the City in all of its business activities with these designated depositories. January 11, 2010 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 g Council Agenda Item No. 6e • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 4, 2010 SUBJECT: Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Five Cities Senior Transportation Project, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Pets Under Police Security, Project Peace, Twin Lakes Joint Powers Organization, and Visit Minneapolis North Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Five Cities Senior Transportation Project, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Pets Under Police Security, Project Peace, Twin Lakes Joint Powers Organization, and Visit Minneapolis North. • Background: The City of Brooklyn Center has entered into several Joint and Cooperative Agreements with various organizations. I have reviewed each of the joint powers agreements and identified those organizations whose agreements provide that appointment of directors be made by the governing Some of the agreements require annual body orb City Council resolution. S gr q appointment, some Y provide that a director is appointed until succeeded, and some provide that a certain position serve as the representative. A summary of each of the Joint and Cooperative Agreements can be found in Section VII of the City Council Reference Book. A resolution is attached for review and consideration. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND /OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, FIVE CITIES SENIOR TRANSPORTATION PROJECT, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, PETS UNDER POLICE SECURITY, PROJECT PEACE, TWIN LAKES JOINT POWERS ORGANIZATION, AND VISIT MINNEAPOLIS NORTH WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of The Brooklyn Bridge Alliance for Youth on November 24, 2008, and Article III, Section 2, of the joint powers agreement states that each party designates two individuals and one alternate to attend the organizational committee meetings, as well as two additional members, one from the City's police department and one from the City's parks and recreation department; and WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of the Five Cities Senior Transportation Project on June 18, 1985, and Section 2.2 of the joint powers agreement states that the governing body of a member appoints its City Manager er as a member of the Executive Committee and one additional representative; and • WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Hennepin Recycling Group on August 1, 1988, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Local Government Information Systems (LOGIS), on May 1, 1972, and Article IV, Section 1, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of the North Metro Mayors Association on June 26, 1989, and the joint powers agreement states that the governing body of a member appoints two directors, one of whom shall be the City Manager or other designee; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Northwest Hennepin Human Services Council on December 8, 1975, and Article IV, Section 3, of the joint powers agreement states that the governing body of a party appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative . Agreement for the establishment of Pets Under Police Security (PUPS) on September 10, 1990, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and RESOLUTION NO. WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Project PEACE on January 8, 1996, and Article III, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Twin Lakes Joint Powers Organization on January 14, 1991, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved: The Brooklyn Bridge Alliance for Youth, Member Tim Willson The Brooklyn Bridge Alliance for Youth, Member Curt Boganey The Brooklyn Bridge Alliance for Youth, Alternate Member Tim Roche The Brooklyn Bridge Alliance for Youth, Police Scott Bechthold The Brooklyn Bridge Alliance for Youth, Parks and Recreation Jim Glasoe Five Cities Senior Transportation Project, Executive Committee Curt Boganey Five Cities Senior Transportation Project, Additional Representative Kathy Flesher • Hennepin Recycling Group, Director Curt Boganey Hennepin Recycling Group, Alternate Director Jim Glasoe Local Government Information Systems (LOGIS), Director Curt Boganey Local Government Information Systems (LOGIS), Alternate Director Patty Hartwig North Metro Mayors Association, Director — City Manager Curt Boganey North Metro Mayors Association, Director Tim Willson Northwest Hennepin Human Services Council, Director Curt Boganey Northwest Hennepin Human Services Council, Alternate Director Vickie Schleuning Pets Under Police Security, Director Scott Bechthold Pets Under Police Security, Alternate Director Kevin Benner Project PEACE, Director Scott Bechthold Project PEACE, Alternate Director Curt Boganey Twin Lakes Joint Powers Organization, Director Scott Bechthold Twin Lakes Joint Powers Organization, Alternate Director Kevin Benner Visit Minneapolis North Tim Willson RESOLUTION NO. January 11, 2010 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. • i City Council Agenda Item No. 6f • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 4, 2010 SUBJECT: Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations Recommendation: It is recommended that the City Council consider adoption of Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations. Background: As part of the City Council's goal of inclusiveness, one of the aspects was to recognize the various ethnic populations and their contributions as well as heritage celebrations. The proposed resolution would implement that Council policy by an inclusive list of celebrations and contributions in one resolution. We have avoided adopting individual resolutions, while wishing to participate in an inclusive fashion in recognizing the various ethnic and heritage celebrations that occur during the year. By adopting this resolution, the City acknowledges these many events that occur throughout the course of the year. Budget Issues: There are no budget issues to consider. • . its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS WHEREAS, the City Council has established a goal to promote the inclusion of all residents in Brooklyn Center's community life by emphasizing opportunities to include all residents in the community's activities and plans; and WHEREAS, the City Council recognizes that its cultural composition has changed significantly over the past decade, with its ethnic population one -third of its total population; and WHEREAS, Brooklyn Center is strengthened by the rich cultural diversity of its people, and welcomes individuals of all races, religions, and cultural backgrounds; and WHEREAS, each individual brings a part of his or her own heritage and over time each heritage becomes part of our common heritage, leading us to become a more united people; and WHEREAS, the City Council recognizes the vital contributions ethnic populations . have made to the strength and diversity of our community and recognizes their rich legacy of ingenuity, perseverance, and achievement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following heritage celebrations and all other heritage celebrations reflected in Brooklyn Center's population are recognized for the purpose of encouraging our citizens to learn more about the history of ethnic populations and how they have contributed to the culture and heritage of our community: February African American History Month March Irish- American Heritage Month March 25 Greek Independence Day April 14 Pan American Day May Asian/Pacific American Heritage Month May Jewish American Heritage Month May 17 (Syttende Mai) Norwegian Constitution Day June 6 Swedish National Day September 15- October 15 Hispanic Heritage Month October 6 German- American Day November American Indian Heritage Month RESOLUTION NO. • January 11, 2010 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. 6g • • X City of Brooklyn Center City Council Agenda Item Memorandum TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Services DATE: 5 January 2010 Y, SUBJECT: Corporate Resolution Recommendation: It is recommended that the City Council adopt the attached resolution granting the City Manager and Director of Fiscal and Support Services the authority to transact financial business matters for the City of Brooklyn Center. Background: Many investment firms require the adoption of a resolution by the corporate • board, in this case the City Council, authorizing specific officers of the corporation, in this case a municipal corporation, to transact financial business involving stocks, bonds, treasury notes, certificates of deposit and other securities. The attached resolution fulfills that requirement by appointing the City Manager and the Director of Fiscal and Support Service, who serves as the City Treasurer, as the officers authorized to transact such business. Financial Impact: There is no financial impact. • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION GRANTING CORPORATE AUTHORITY FOR TRANSACTION OF FINANCIAL BUSINESS MATTERS WHEREAS, specific individuals must be designated by the City Council as authorized to sell, assign and endorse for transfer various fin_ ancial instrument in the regular conduct of City business. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Cornelius L. Boganey, City .Manager and Daniel Jordet, Director of Fiscal and Support Services are hereby authorized to sell, assign and endorse for transfer certificates representing stocks, bonds, or other securities now registered or hereafter registered in the name of this municipality. January 11, 2010 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 g i Council Agenda Item No. 6h • • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk J #ZYLA� DATE: January 4, 2010 SUBJECT: Application and Permit for Temporary On -Sale Liquor License Submitted by Church of St. Alphonsus, 7025 Halifax Avenue North, for an Event to be Held February 13, 2010 Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on -sale liquor license submitted by Church of St. Alphonsus, 7025 Halifax Avenue North, for an event to be held February 13, 2010. Background: Church of St. Alphonsus, 7025 Halifax Avenue North, has submitted an application and permit for temporary on -sale liquor license for an event to be held February 13, 2010. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a • religious organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. Citv Ordinance Section 11 -107 (6) Temporary On -Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12 -month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On -Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. • t of e t MNM Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133, St. Paul MN 55101 -5133 �l (651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282 -6555 ' W WW.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER Church of St Alphonsus 2/28/1959 ES 32045(MN) STREET ADDRESS CITY STATE ZIP CODE 7025 Halifax Ave No Brooklyn Center MN 55429 NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE Fr. Patrick J. Grile, C.Ss.R. (763 561 -5100 (763- 561 -5100 DATES LIQUOR WILL BE SOLD February 13 , 2010 TYPE OF ORGANIZATION C1,13 CHARITABLE RFLiCiiOUS OTHER NONPROFIT ORGANIZATION OFFICER'S NAME ADDRESS Fr. Patrick J. Grile, C.Ss.R. Same as above ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used, Ilan outdoor area, describe • Parish C.Ss.R. Hall Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage. rathnlir Mutual of nmaha APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY /COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and /or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS -09079 (05/06) Certificate of Coverage Date 12/22/2009 Certificate Holder This Certificate is issued as a matter of information only and Archdiocese of St. Paul- Minneapolis confers no rights upon the holder of this certificate. This certificate Chancery Office does not amend, extend or alter the coverage afforded below. 226 Summit Avenue St. Paul, MN 55102 Company Affording Coverage THE CATHOLIC,MUTUAL RELIEF SOCIETY OF AMERICA Covered Location 10843 OLD MILL RD Church of St. Alphonsus OMAHA, NE 68154 7025 Halifax Avenue North Brooklyn Center, MN 55429 -1394 Coverages This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims. Type of Coverage Certificate Number Coverage Effective Coverage Expiration Date Date Limits Property Real & Personal Property General Liability General Aggregate Products - Comp /OP Agg �✓ Occurrence (Personal & Adv Injury 8589 7/1/2009 7/1/2010 1Each Occurrence 500,000 ® Claims Made Fire Damage (Any one fire) Med Exp (Any one person) Excess Liability 8589 7/1/2009 7/1/2010 (Each Occurrence 500,000 Other I Each Occurrence Description of Operations /LocationsNehicles /Special Items Coverage is verified with regard to the Covered Location's Cana Dinner, to be held in the parish CSSR hall, February 13, 2010. Includes Liquor Liability. Holder of Certificate Cancellation Should any of the above described coverages be cancelled City of Brooklyn Center before the expiration date thereof, the issuing company will 0 6301 Shingle Creek Parkway endeavor to mail days written notice to the holder of Brooklyn Center, MN 55430 certificate named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. Authorized Representative 0111002158 1 t City Council Agenda Item No. 6i i • MEMORANDUM TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development SUBJECT: Various Site Performance Guarantee Releases DATE: January 6 2009 Recommendation: It is recommended that the City Council authorize release of the following site performance guarantees being held by the city for completion of various site improvements. Background: Burger King Restaurant (3201 County Road 10) Planning Commission Application No. 99011 Amount of Guarantee - $17,500 (Cash Escrow) Obligor — Redking Foods, LLC • All of the site improvements and conditions for which a performance guarantee was posted have been installed and completed for this 1999 project. The project involved a special use permit and site and building plan approval for a 3,314 sq. ft., Burger King convenience restaurant at 3201 County Road 10 (southwest corner of Xerxes Avenue North and County Road 10). An as built survey has been submitted to the Engineering Department showing utility locations and other engineering related items have been completed. Landscaping has been installed and has proved to be viable through the winter. It is recommended that the City Council authorize release of the $17,500 guarantee posted based on satisfactory completion of the site improvements for this project. CVS Pharmacy (5801 Brooklyn Boulevard) Planning Commission Application No. 2005 -003 Amount of Guarantee - $110,000 (Surety Bond) Obligor — Copeland Building Corporation g P g P All of the site improvements and conditions for which a performance guarantee was posted have been installed and completed for this 2005 project. The project involved a PUD/Rezoning and Development Plan Approval for a 13,000 sq. ft. CVS Pharmacy at 5801 Brooklyn Boulevard. An as built survey has been submitted to the Engineering Department showing utility locations and other engineering related items have been completed. Landscaping has been installed and has proved to be viable through the winter. It is recommended that the City Council authorize release of the $110,000 guarantee posted based on satisfactory completion of the site improvements for this project. • Retail Strip Mall (615 66 Avenue North) Planning Commission Application No. 2006 -004 Amount of Guarantee - $75,000 (Surety Bond) Obligor — Seerco, Inc. All of the site improvements and conditions for which a performance guarantee was posted have been installed and completed for this 2006 project. The project involved a PUD Amendment and building plan approval for a 10,000 sq. ft., multi tenant retail building at the southeast corner of c 66 n and Camden Avenues. An as built survey has been submitted to the Engineering Department showing utility locations and other engineering related items have been completed. Landscaping has been installed and has proved to be viable through the winter. It is recommended that the City Council authorize release of the $75,000 guarantee posted based on satisfactory completion of the site improvements for this project. Brooklyn I, LLC (6901 Brooklyn Boulevard) Planning Commission Application No. 2006 -004 Amount of Guarantee - $40,000 (Letter of Credit) Obligor — Brooklyn Center I, LLC All of the site improvements and conditions for which a performance guarantee was posted have been installed for this approximate 3,700 sq. ft. multi - tenant retail building project at 6901 • Brooklyn Boulevard. Grading, curb and gutter, storm sewer and other Engineering Department requirements, including the submission of an as -built survey have been satisfied. Landscaping for the project has been provided in accordance with the approved landscape plan. It is recommended that the City Council authorize release of entire $40,000 Performance Guarantee posted based on satisfactory completion of the site improvements for this project. McDonald's (5525 Xerxes Avenue North) Planning Commission Application No. 2006 -005 Amount of Guarantee — $100,000 (Surety Bond) Obligor — Greiner Construction, Inc. All of the site improvements and conditions for which a performance guarantee was posted have been installed for this approximate 4,240 sq. ft., 78 seat McDonald's restaurant at 5525 Xerxes Avenue North. Grading, curb and gutter, storm sewer and other Engineering Department requirements, including the submission of an as -built survey have been satisfied. Landscaping for the project has generally been provided in accordance with the approved landscape plan. It is recommended that the City Council authorize release of the $100,000 guarantee posted based on satisfactory completion of the site improvements for this project. Budget dg t 0 There are no budget issues. City Council Agenda Item No. 6j • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works S14 DATE: January 6, 2010 SUBJECT: Resolution for the Withdrawal and Termination from the Joint and Cooperative Agreement for Use of Personnel and Equipment During Emergencies Regional Mutual Aid Association Recommendation: Staff recommends that the City Council withdraw and terminate from the Joint and Cooperative Agreement for Use of Personnel and Equipment During Emergencies Regional Mutual Aid Association. Background: In 1983, the City entered into a Joint Powers Agreement with numerous other Cities in the Metropolitan area to provide mutual aid assistance for Public Works equipment. State laws • have subsequently changed, makin g this Joint Powers Agreement unnecessary and our q Y insurance carrier, the League of Minnesota Cities Insurance Trust (LMCIT), is recommending that we terminate this Joint Powers Agreement. The attached resolution officially withdraws the City of Brooklyn Center from this Joint Powers Agreement. The City can still provide mutual aid to other Cities and vice versa under Minnesota Statutes section 12.331 that was subsequently passed; it just no longer needs to be in the form of a q YP Joint Powers Agreement. Budget Issues: None. Withdrawal and Termination from Joint & Cooperative Agreement /Mutual Aid • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION FOR THE WITHDRAWAL AND TERMINATION FROM THE JOINT AND COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT DURING EMERGENCIES REGIONAL MUTUAL AID ASSOCIATION WHEREAS, the City of Brooklyn Center desires to withdraw and terminate from the Joint and Cooperative Agreement for the use of Personnel and Equipment During Emergencies Regional Mutual Aid Association approved in 1983; and WHEREAS, Article VI of the Agreement allows any parry to withdraw at any time upon thirty (30) days written notice to the Secretary of Regional Mutual Aid Association, who shall thereupon give notice of such withdrawal, and of the effective date thereof, to all other parties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: . 1. The City of Brooklyn Center shall withdraw from the Joint and Cooperative Agreement for Use of Personnel and Equipment During Emergencies Regional Mutual Aid Association; and 2. The City Manager is directed to submit written notice to the Secretary of the Regional Mutual Aid Association of the City's intent to withdraw from the Joint and Cooperative Agreement for Use of Personnel and Equipment During Emergencies Regional Mutual Aid Association. January 11, 2010 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member • and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member Bill Hawes introduced the following resolution and • moved its adoption: RESOLUTION NO. 83 -191 RESOLUTION AUTHORIZING JOINT AND COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT - REGIONAL MUTUAL AID ASSOCIATION BE IT RESOLVED by the City Council of the City of Brooklyn Center, as follows: WHEREAS, the City of Brooklyn Center desires to become a member of the Regional Mutual Aid Association and its Director of Public Works is its authorized representative, and; its City Manager its alternative representative; and WHEREAS, a mutual need exists between members of the Regional Mutual Aid Association to share and assist one another in the areas of emergency, disaster control, and mitigation; and WHEREAS, the City of Brooklyn Center considers it to be in the best interests of the City to enter into a mutual agreement with the other members of the Regional Mutual Aid Association. NOW, THEREFORE, BE IT RESOLVED, that the City of Brooklyn Center enter into agreement with the Regional Mutual Aid Association and hereby authorizes its Director of Public Works to represent the City of Brooklyn Center in this association and the Mayor and City Manager are hereby authorized to sign said agreement in behalf of said City of Brooklyn Center. December 5, 1983 Date Ma' ATTEST : # j / The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis , and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. JOINT AND COOPERATIVE AGREEMENT FOR USE OF • PERSONNEL AND EQUIPMENT DURING EMERGENCIES REGIONAL MUTUAL AID ASSOCIATION I. PURPOSE The City /County recognizes that it has authority pursuant to the provisions of the Joint Exercise of Powers Act, Sec. 471.59, Minnesota Statutes, to enter into an agreement to jointly and cooperatively exercise a power common to each of the con- tracting powers, the result being to establish a regional Mutual Aid Association representative of the various communities with authority and responsibilities relat- ing to utilization of resources to counteract natural and man made disasters common to all communities, together with power and authority to implement such services as set forth. II. DEFINITION OF TERMS For the purposes of this Agreement, the terms defined in this section shall have the meanings given them. Subd. 1. "Party" means a governmental unit which is a party to this Agreement. Subd. 2. "Eligible party" meansa.governmental or corporation unit which is entitled to become a party to this Agreement, at its own option. Subd. 3. "Requesting party" means a party which requests assistance from other parties. Subd. 4. "Responding party" means a party which provides assistance to a re- questing party. Subd. S. "Assistance" includes personnel, materials and equipment. Subd. 6. "Requesting official" means the person who has been designated by the requesting party to request assistance from other parties. Subd. 7. "Responding official" means the person who has been designated by a party to determine whether and to what extent that party should provide assistance to a requesting party. Subd. 8. "Emergency" means a sudden and unforeseen situation requiring immediate action beyond the requesting partys' capability. III. PARTIES Subd. 1. The parties to this Agreement shall consist of the members of the Re- gional Mutual Aid Association. Upon the adoption of a resolution by its governing body, an executed copy of this Agreement shall be forwarded by the member party to- . gether with a certified copy of the resolution authorizing the Agreement. Subd. 2. The Secretary of the Regional Mutual Aid Association shall maintain a current list of the parties to this Agreement and, whenever there is a change in the parties to this Agreement, he shall notify the designated responding official of each of the parties of such change. Subd. 3. Upon joining the Regional Mutual Aid Association, the party shall submit a list of their equipment to the Association Secretary. This equipment list • shall be updated annually and submitted to the Association Secretary by December 31st of each year. Subd. 4. The Association Secretary shall distribute the equipment lists to all members. An equipment addendum sheet shall be distributed to all member parties by January 30th of each year. IV. PROCEDURE Subd. 1. Each party shall designate, and keep on file with the Secretary of the Regional Mutual Aid Association the name of the person of that party who shall be its requesting official and responding official. A party may designate alternate officials to act in the absence of the primary official. Subd. 2. Whenever, in the opinion of a requesting official of a party, there is a need for assistance from other parties to assist the requesting party, such re- questing official may, in his discretion, call upon the responding official of any other party to furnish assistance to and within the boundaries of the requesting party. It is the intention of the parties to this contract to cooperate in the event of an emergency by making available to a requesting party necessary or requested personnel, materials, and equipment (without undue delay.) Subd. 3. Upon the receipt of a request for assistance from a party, the respond- ing official for any other party may authorize and direct the personnel of the res- . ponding party to provide assistance to the requesting party. Whether the responding party shall provide such assistance to the requesting party and, if so, to what ex- tent such assistance shall be provided shall be determined solely by the responding official (subject to such supervision and direction as may be applicable to him within the governmental structure of the party by which he is employed.) Failure to provide assistance will not result in liability to a party. Subd. 4. When a responding party provides assistance under the terms of this Agreement, it may in turn request assistance from other parties as "backup" during the time that it is providing assistance outside its boundaries. Subd. S. Whenever a responding party has provided assistance to a requesting party, the responding official may at any time recall such assistance or any part thereof to the responding party, if the responding official in his best judgment deems this is in the best interest of his own agency. Subd. 6. When a responding party supplies equipment and personnel to a request- ing party, said equipment and personnel shall remain under the direction and control of the responding party; shall be paid by the responding party; shall be protected by the Worker's Compensation of the responding party; and shall otherwise be deemed to be performing their regular duties for the responding party. However, the res- ponding party shall undertake to coordinate with the requesting party the assistance which it provides. The requesting party shall provide all routine fueling and servic- ing of respondents equipment, materials, and assume all costs thereof during the assistance period. • -2- • Subd. 7. A responding party shall be responsible for its own personnel, equipment and materials and for injuries or death to any personnel or damage to any such equipment or materials, except that unused equipment and materials pro - vided by the responding party shall be returned to the responding party by the requesting party when circumstances permit this to be done. The requesting and responding parties may review any equipment repaired to determine if such repair was directly related to the emergency operation. If mutually agreed that repairs are required, they shall be the responsibility of the requesting party. Any dis- agreement which cannot be resolved by the responding and requesting parties should be resolved by a committee established from the Regional Mutual Aid Association. Subd. B. The responding party shall maintain such records of the cost of labor, equipment and materials provided; and hours of work or operation as deemed necessary for recovery of costs in the event the incident becomes eligible for Federal or State Disaster Assistance. If declared eligible, these costs shall then be reimbursed by the requesting party in full or in a prorate share of assistance provided. Subd. 9. The requesting party shall not be responsible for any injuries, losses or damages to persons or property arising out of the acts of any of the personnel of a responding party. Nor shall the responding party be responsible for injuries, losses or damages arising out of the acts of any of the personnel of the requesting party or the personnel of any other responding party. Subd. 10. Technical service and assistance of non - emergency nature may be • requested and /or provided by the parties to this Agreement. V. INSURANCE Each party to this Agreement shall maintain insurance policies covering per- sonal and public liability in the amount of not less than $300,000 for each of the above mentioned risks and Worker's Compensation for its personnel. Said policies shall cover damage or injury caused by negligent operation of its vehicles while operating under the terms of this Agreement outside of its corporate limits or contract areas. Each member shall furnish the association with a Certificate of Insurance on the policies in force, or letter stating self insurance at said limits. VI. WITHDRAWAL AND TERMINATION Any party may withdraw at any time upon thirty (30) days written notice to the Secretary of the Regional Mutual Aid Association; such a party may become a party if later entering into this Agreement. The Secretary of the Regional Mutual Aid Association shall thereupon give notice of such withdrawal, and of the effective date thereof, to all other parties, as hereinbefore provided. -3- VII. EFFECTIVE DATE This Agreanent shall become effective on IN • WITNESS WHEREDF, the undersigned, on behalf of their governmental unit, have executed this Agreement pursuant to authorization by the Of on the day of 198 . REGIONAL, MUTUAL CITY OF AID ASSOCIATION By: •President Mayor B Date: Secretary Date: COUNTY OF RECOMMENDED BY: ATTEST: By: Y: City Manager /Clerk B By; Chairman of County Board Director of Public Works /City Eng. Date: RECOMMENDED BY: APPROVED AS TO EXECUTION By: By: County Engineer County /City Attorney Date: Date: . -4- City Council Agenda Item No. 6k COUNCIL ITEM MEMORANDUM • TO: Curt Boganey, City Manager CC FROM: Steve Lillehaug, Director of Public Works J� DATE: January 6, 2010 SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 2008 -1, 02, 03 and 04, Contract 2008 -A, Maranatha Area Neighborhood Street, Storm Drainage and Utility Improvements Recommendation: Staff recommends that the City Council accept the work performed and authorize final payment for the Maranatha Area Neighborhood Street, Storm Drainage and Utility Improvement project. Background: On April 14, 2008, the City Council awarded Contract 2008 -A to LaTour Construction, Inc. of Maple Lake, Minnesota for the construction of the Maranatha Area Neighborhood Street and Utility Improvement Project. LaTour Construction has successfully completed the project work • and is requesting final payment for the project. Budget Issues: The original contract amount for the Maranatha Area Neighborhood Improvements was $3,688,689.82. The total value of work certified for final payment is $3,481,302.90, which includes Change Orders No. 1 ($23,575.66) and No. 2 ($27,569.34). The total project cost, including contingencies/ administration/engineering/legal, is $3,839,115.71 and was completed under budget in the amount of $435,719.11. The attached resolution provides a summary of costs and funding sources for the project. • Maranatha Final Payment Resolution Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT NEIGHBORHOOD CONTRACT 2008 -A, MARA NATHA STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, LaTour Construction, Inc. of Maple Lake, Minnesota has completed the following improvement in accordance with said contract: Improvement Project Nos. 2008 -01, 02, 03 & 04, Contract 2008 -A, Maranatha Area Neighborhood Street, Storm Drainage and Utility Improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Final payment shall be made on Improvement Project Nos. 2008 -01, 02, 03 & 04 Contract 2008 -A, Maranatha Area Neighborhood Street, Storm • Drainage and Utility Improvements, taking the contractors receipt in full. aid for said improvements The total amount to be p roveme nts under said contract shall p be $3,481,302.90. 2. The estimated project costs and revenues are hereby amended as follows: COSTS As OrMi 'nal Award As Final Contract $ 3,688,689.82 $ 3,430,157.90 Contingency Costs $ 230,600.00 Change Order No. 1 $ 23,575.66 Change Order No. 2 $ 27,569.34, .00 $ 3,481,302.90 Subtotal Construction Cost $ 3,919,289 Admin/Legal/Engr. $ 274,400.00 $ 345,890.81 Reforestation $ 30.000.00 $ 11.922.00 Total Estimated Project Cost $ 4,223,689.82 $ 3,839,115.71 • • RESOLUTION NO. REVENUES As Oriuinal Award, As Final Street Assessment $ 780,300.00 $ 777,006.00 Storm Drainage Assessment $ 234,090:00 $ 233,100.00 Water Utility Fund $ 673,678.51 $ 605,430.90 Sanitary Sewer Utility $1,034,753.40 $ 1,070,816.29 Storm Drainage Utility Fund $ 662,296.76 $ 418,852.61 Street Reconstruction Fund $ 764,421.15 $ 6 Capitol Improvement Fund $ 23,975.00 $ 23,975.00 Street Light Utility Fund $ 50,175.00 $ 50175.00 Total Estimated Revenue $4,223,689.82 $ 3,839,115.71 January 11, 2010 Mayor Date • 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. 61 • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works DATE: January 6, 2010 SUBJECT: Resolution Establishing 2010 Street and Stone Drainage Special Assessment Rates Recommendation: Staff recommends that the City Council approve the attached resolution establishing 2010 street and stone drainage special assessment rates for City street and utility improvement proj ects. Background: Each year the City Council establishes assessment rates for Rl, R2, and R3 residential zoned properties based on the City's Special Assessment Policy. Within these zoning districts, the • assessment rate for street and stone drainage improvements is based on a unit amount that applies to all single family residential properties. The unit amount represents a specific portion of the average cost for reconstructing a typical residential street and stone drainage system. Street assessments for non - residential and R4 to R7 residential properties are computed separately for each project. Special assessment rates are typically adjusted each year to reflect normal inflationary increases in construction costs. The City's Special Assessment Policy indicates that, "the unit assessment shall be adjusted annually to reflect cost of living increases as measured by the Construction Index ". The ENR Construction Cost Index has experienced an average 12- month annual percent change of 2.4 (2006), 1.5 (2007), 5.3 (2008) and 0.3 (2009). The Consumer Price Index has experienced an average 12 -month annu al p ercent change of 2.4 (2006), 2.7 (2007), 3.7 (2008) and -0.9 (2009, 11 month average). Based on the 2009 information above, staff recommends not to adjust the special assessment rates and to maintain the same rates for 2010 that were established for 2009. This should continue to maintain the portion of street and stone drainage costs that are assessed at approximately 40 percent of the total cost for street and storm drainage improvements. The City Council has historically targeted 40 percent as the portion of street and storm drainage res idential properties. In future to adjoining R1 p p improvements that are assessed � g , R2 and R3 res to be increased b larger amounts closer to the ears the special assessment rate may nee Y years, d P . rates 0 local bid p rices begin to increase at higher current y ear ENR Construction Cost Index if p g y than past years. 2010 Special Assessment Rates • Budget Issues: Maintaining the 2009 special assessment rates for 2010 would result in an assessment amount of $3,435 for street improvements and $1,031 for storm drainage improvements. The total assessment amount would be $4,466 per R1 single family residential lot in 2010. The attached resolution provides the corresponding adjustments for R2 and R3 zoned properties based on the proposed unit assessment rate. • • 2010 Special Assessment Rates • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING 2010 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES WHEREAS, the residential assessment rates for street and storm drainage improvements are annually reviewed and approved by the City Council; and WHEREAS, the residential assessment rates should be adjusted annually to be effective January 1; and t rates for R -1, R -2 and R- and storm drainage assessment WHEREAS, the 2010 street g WH , 3 zoned districts are based on a specific proportion of 40 percent of the average cost for street and storm drainage improvements; and WHEREAS, the R -4, R -5, R -6 and R -7 zoned districts will continue to be assessed • based on an evaluation of project cost and project benefit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The residential street and storm drainage special assessment rates for street reconstruction shall apply to properties in R -1, R -2 or R -3 zoned districts. These rates shall also be applied to parcels of property in other land use zones when such parcels (a) are being used as one - family or two - family residential sites at the time the assessment roll is levied; and (b) could not be subdivided under the then- existing Subdivision Ordinance. 2. The residential assessment rates for street and storm drainage reconstruction effective January 1, 2010 shall be as follows: Land Use 2010 Assessment Rates, R -1 zoned, used as one - family $3435.00 per lot (street) site that cannot be subdivided $1031.00 per lot (storm drainage) • • RESOLUTION NO. Land Use 2010 Assessment Rates. R -2 zoned, or used as a two - family $45.80 per front foot with a site that cannot be subdivided $3435.00 per lot minimum (street) $13.74 per front foot with a $1031.00 per lot minimum (storm drainage) R -3 zoned (per unit) Assessable frontage x $45.80 (street) Number of residential units Assessable frontage x $13.74 . (storm) Number of residential units 3. The residential assessment rates for street and storm drainage reconstruction shall not apply to R -4, R -5, R -6 or R -7 zoned districts. The assessment rates for street • reconstruction for R -4, R -5, R -6 or R -7 zoned property shall be based on an evaluation of the project cost and the project benefit for each project. January 11, 2010 Date Mayor ATTEST: Ci ty 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. 6m COUNCIL ITEM MEMORANDUM • TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works S DATE: January 6, 2010 SUBJECT: Resolution Establishing the Interest Rate for 2010 Special Assessments Recommendation: Staff recommends that the City Council approve the attached resolution establishing the 2010 interest rate for special assessments at 6.0 percent. Background: Each year the City Council sets an interest rate for special assessments levied against property based on the City's Special Assessment and Internal Loan Interest Rate Policy. The objective of this policy is to establish an equitable interest rate that will not unfairly burden the property owner but also recover the cost of borrowing from outside sources, recover the cost of administering the special assessments and protect the City from the possibility that special • assessment prepayments might impair the City's ability to service the bonds. City Council policy has been to establish the special assessment interest rate by calculating the sum of the interest rate for the most recent general obligation bond, adding two (2) percent to cover the overhead costs described above and rounding to the nearest one -half percent in accordance with the Interest Rate Policy. The most recent bond sale by the City of Brooklyn Center was Series 2008B General Obligation Improvement Bonds at 3.87 percent, resulting in a special assessment interest rate of 6.0 percent for 2010. The 2010 rate is consistent with the 2009 rate, which was also 6.0 percent. Budget Issues: The proposed 6.0 percent interest rate would apply to special assessments levied in 2010. • 2010 Interest Rate for Special Assessments adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION ESTABLISHING THE INTEREST RATE FOR 2010 SPECIAL ASSESSMENTS WHEREAS, the City Council levies special assessments for certain neighborhood street and utility projects, delinquent utility bills and other services provided to property owners that go unpaid; and WHEREAS, amounts outstanding are certified to Hennepin County for collection with property taxes; and WHEREAS, by City Policy, interest is to be charged on outstanding amounts certified to Hennepin County for collection with property taxes; and WHEREAS, the interest rate to be charged is two percent over the net interest rate f or the most recent City General Obligation bond sale rounded up to the next one -half percent; and WHEREAS, the most recent General Obligation bond sale resulted in a net interest • rate of 3.87 percent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the interest rate charged on outstanding special assessments for the year 2010 is hereby established at 6.0 percent. January 11, 2010 Mayor Date 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. 6n • COUNCIL ITEM MEMORANDUM To: Curt Boganey, City Manager From: Scott Bechthold, Chief of Police Date: January 6, 2010 Subject: Resolution and Consent Order Imposing Civil Penalty Recommendation: It is recommended that Council recognize by resolution the acceptance of a $75 fine by Speedway Super America LLC due to a previous tobacco sale violation. Background: On December 22, 2008 an employee of the Speedway Super America LLC, located at 6950 Brooklyn Boulevard in the City of Brooklyn Center, illegally sold tobacco to a person under the age of eighteen. This was in violation of City Code, Section 23- 106 and Minnesota Statutes, § 609.685 and 461.12. The employee has already been adjudicated by the court system. • The license violation has been discussed with Speedway Super America LLC (hereby referred to as the licensee). The licensee has made indication that they would agree to pay a $75 sanction for the violations to a civil penalty. The licensee has made further efforts to remedy this civil issue by providing their policies and procedures in reference to the lawful sale of tob acco p roducts. The licensee has made statements that these policies and procedures have been reviewed with the employees responsible for the sale of tobacco products. The licensee also recognizes that if they fail to comply fully with the policies and procedures at any time durin g the three- p Cit y may period following the date of this resolution, the y Y ear revoke or suspend the licensee's license or impose civil penalties. Budget Issues: None. Attachments: • Resolution and Consent Order • Speedway SuperAmerica's policy concerning the sale of tobacco products. • • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION AND CONSENT ORDER IMPOSING ADMINISTRATIVE PENALTY FOR SUPERAMERICA #3192 AT 6950 BROOKLYN BOULEVARD WHEREAS, the City of Brooklyn Center (the "City") has issued a license for the sale of tobacco or tobacco products to SuperAmerica #3192 (the "Licensee ") at 6950 Brooklyn Boulevard; and WHEREAS, on December 22, 2008, an illegal activity occurred on the licensed premises of the Licensee, specifically, sale of cigarettes to a person under the age of 18 by an employee of Licensee in violation of City Code, Section 23 -106 and Minnesota Statutes, Sections 609.685 and 461.12 (the "Violation "); and WHEREAS, the occurrence of the Violation is not disputed by the Licensee; and WHEREAS, the City Council regards such activities as very serious matters warranting the sanctions hereinafter set forth; and • WHEREAS, the Licensee has been generally cooperative in the investigation of this matter, has demonstrated a willingness and desire to work with City staff in resolving this matter without putting the City to the expense of an administrative hearing, has expressed his understanding of the seriousness of the offenses, and has committed to ensuring that such offenses do not recur; and WHEREAS, on the basis of such representation the City is willing to limit sanctions for the Violation to those hereinafter set forth; and WHEREAS, the Council has determined that this Consent Order, resolving issues relating to sanctions to be imposed by reason of the above described violation is reasonable, necessary and in the best interests of the public; and WHEREAS, the Licensee has freely agreed to waive service of a written notice of violation and a hearing thereon and to pay the administrative penalty hereinafter described, for the consideration set forth herein. The Licensee acknowledges and agrees that it freely executed this agreement, without threat of criminal prosecution, for the purpose of avoiding a public hearing and resolving issues relating to sanctions to be imposed by the City as the licensing authority, pursuant to Minnesota Statutes, Chapter 461. ON THE BASIS OF THE FOREGOING, THEREFORE, IT IS RESOLVED THAT THE CITY COUNCIL ORDERS AND AGREES AS FOLLOWS: • 1. The Licensee will pay to the City Finance Director, within ten days of receipt RESOLUTION NO. • of written notification of approval of this Consent Order by the City Council, the sum of Seventy Five Dollars ($75.00). 2. Licensee waives service of a written citation, notice of hearing and hearing to which it is entitled. 3. The undersigned admits the occurrence of the Violation. 4. The City will impose, as the sole civil sanction for the Violation, an administrative penalty in the amount of Seventy Five Dollars payable as set forth in paragraph 1 hereof. This agreement shall not limit the right of the respect to the license � City to pursue civil remedies or to take any action with res p which is authorized by state law or City Code for any activity to which this agreement does not specifically apply and which is a violation of state law or City Code. 5. In the event of future violations of state law or City Code by Licensee, no additional penalty shall be imposed for unlawful activity covered by this • agreement. However, admissions of unlawful activity described herein will be taken into consideration in determining appropriate sanctions in any future cases. (Licensee) By Its • • RESOLUTION NO. By Order of the City Council of the City of Brooklyn Center this 11th day of January, 2010. Januarv.l 1, 2010 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. • Doc -10 -00 01:54pm FrwSSA LLC LAB ORGANIZATION 9376636727 T -437 P -02 F -606 . S peedway JerA. Blessing e�� w Paralegal Owaon ,& SUPER"ERICA s w peeedw wa ay SuperArn LLC Speedway OIFic• P.O. BOX 1500 Sptingrold. Ohio 45501 Telephone 937. 863.6464 Fax 937- 8634727 JABle"ng@SSALL - =n December 10, 2009 Via Facsimile City of Brooklyn Center Ann: Commander Reynolds RE: SuperAmerica #3.992 6950 Brooklyn Boulevard, Brooklyn Center, MN 554 Dear Commander Reynolds: With respect to the above referenced matter, Speedway SuperAmerica LLC (SSA) hereby accepts the proposed Resolution and Consent Order in the above referenced matter. The executed Resolution is attached. Per your request, SSA is also attaching the policies • pertaining to tobacco sales. We will await the finalized Resolution in this matter confirming the assigned penalty. SSA respectfully asks the City to review the following information. In presenting this information, it is our hope that the City will gain further knowledge of SSA and our operations: • This store has been in operation since September 18, 2002. • The license was recently renewed for 2010. • The clerk involved in this incident, Lamont Gilbert, was terminated from SSA. as a result of this failure. • Mr. Gilbert did receive training regarding tobacco sales on his first day of employment, and refreshers. Each employee is instructed that it is company policy to request identification from any customer who appears under 30. They are also instructed that failure to follow company policy and the law will result in disciplinary action against them including termination. • SSA utilizes an additional training program on tobacco sales called We Card Each new employee is required to take this computer -based training (CBT) program within the first two -weeks of employment and every six months thereafter as a refresher. The We Card program is designed to reinforce policy as . well as provide practical training for handling the transaction. For example, they are trained to move the product out of sight or under the counter if a customer is Dec-10 -09 01:54ps Frw&SA LLC LAN ORGANIZATION 9376636727 T -43T P.03 F -006 Page 2 . unable or unwilling to provide a valid ID. W. Gilbert completed We Card on September 12, 2008. din employees and decals are p throughout g • Signs and p Sh out the store reminding customers that proper identification is required for the purchase of tobacco Products- * The store's cash register system is equipped with technology that prompts the cashier for age verification immediately when tobacco or alcohol is scanned into the register. The cashier should then enter the date of birth from the then authorize/deny the transacts identification into the system or scan the identification. ThSystem oose to 'on. Please note that Mr. Gilbert override the POs and completed the sale. SSA has implemented anew program called "BARS" in our stores. This is a compliance check program completed on a monthly basis by a third party — the BARS Program, based in Colorado. BARS agent enters a store with a_ legal age decoy, appearing to be under the age of 3o, and attempts a purchase of either alcohol or tobacco. if the employee on duty requests proper ID and denies the sale, he /she is issued a green card for passing the check. If the employee fails to request ID from the decoy, a red card is issued and disciplinary action is taken ranging from a written warning up to termination of employment. Store Managers and District Managers are also affected by this program. If a store fails • numerous checks, a Store Manager could be written up, demoted, or terminated. District Managers are subject to punishment — if one of his/her stores becomes a repeat offender. As a result of this indde>gt, Operations will consider placing this location on the BARS Program to keep rules, regulations, policies, and procedures for tobacco sales fresh in the store employees' minds. As the owner and operator of over 1,600 convenience stores and truck stops permitted to sell tobacco products in a nine -state market area, SSA takes its responsibilities and obligations to comply with all rules and regulations governing tobacco products very seriously. SSA makes every effort to educate its employees about the legal responsibilities of selling tobacco products. Thank you for your kind review of this information. Please direct ail further correspondence on this matter to my attention. Sincerely, SPEEDWAY SUP RI CA LLC +A+4- Jennifer A. Blessing Paralegal • Attachments Dec -10 -02 01:54pm From -SSA LLC LAN ORGANIZATION 0379636TZT T -437 P.04 F-906 MC -07 -2009 12: OK 26 CTY BROOKLYN CTR 763 503 3285 roue • introduced the following resolution and moved its adoption: CITY OF BROO$LYN CENTER RESOLUTION NO. RESOLUTION AND CONSENT ORDER B IPOSING ADMIIJISTR KME PENALTY WHEREAS, the City of Brooklyn Center (the "City'I has issued a license for the sale of tobacco or tobacco products to SuperAmerica. #3192 (the "Licensee'l at 6950 Brooklyn Boulevard; and WHEREAS, on December 22, 2008, an illegal activity occurred on the licensed premises of the Licensee, specifically, sale of cigarettes to a person under the age of 19 by an employee of Licensee in violation of City Code, Section 23 -106 and Minnesota Statutes, Sections 609.685 and 461.12 (the `Wiolation'j; and WHEREAS, the occurrence of the Violation is not disputed by the Licensee; and WHEREAS, the City Council regards such activities as very serious matters warranting the sanctions hereiaafler set forth; and WHEREAS, the Licensee has been generally coopwative in the invastigation of this ratter, has demonstrated a willingness and desire to work with City staff in resolving this matter without p*ng the City to dlu expense of 'an administrative hearing, has expressed his understanding of the seriousness of the offenses, and has committed to ensuring that such offenses do not recta; and VAMREAS, on the basis of such representation the City is willing to limit sanctions for the Violation to those hereinafter set forth; and WHEREAS, the Corm U has determined that this Consent Order, resolving issues relating to sanctions to be imposed by reason of fiat abovo4escxibed violation is reasonable, necessary and in the best interests of the public; and WHEREAS, flu Licensee has Freely agreed to waive service of a written notice of violation and a hearing thereon and to pay the adminiscrarive penalty hemina8er described, for the consideration set forth herein. 'flue Licensee acknowledges and agrr m that it freely executed this agreement, without threat of criminal prosecution, for flu purpose of avoiding a Public hearing and resolving issues relating to sanctions to be imposed by the City as the licensing authority, pursuant to Minnesota Statutes, Chapter 461. 357000v1 =B=1-20 t Dec-10-08 01:55pe From -SSA LLC LAN ORGANIZATION 8376636727 T -437 P.05/18 F-806 DF,C -07 -2009 12:26 CTY BROOKLYN CTR 763 503 9295 p.007 , ON THE BASIS OF THE FO REGOING THEREFORE IT IS RESOLVED THAT THE CITY COUNCIL ORDERS AND AGREES AS FOLLOWS: 1. The Licensee will pay to the City Finance Director, within ten days of receipt of written notification of approval of this Consent Order by the City Council, the sum of Seventy Five Dollars (375.00). 2. Licensee waives service of a written citation, notice of hearing and hearing to which it is entitlod. 3. The undeWped admits the OCCIffence of the Violation. Violation, an as a sole civil sanction fo the � 4. The City will impose, th admiAistreaive penalty in the amount of Seventy Five Dollars payable as set forth in pwagpph 1 - hereof, This agreement shall not limit the right of the City to pursue civil remedies CA •tftake any action with respect to the license which is authorized by state law or City Code for any activity to which this agreeaaeat does not specifically apply and which is a violation of state law or City Code. 5. In the event of fixture viakdons of state law or City Code by Licensee, no additional penalty shall be imposed for unlawful activity covered by this ag=aent. However, i admissions of unl awful activity described herein will be W= into consideration in detierMMM appropriate sanctions in any future cases. (Lioensec CLy &AWArr RG 1 Co Lx By V Old DO M6,jqqdff Its orks By Order of the City Council of the City of Brooklyn Center this w day of 2009. Tim Willson, Mayor ATTEST: Sharon Knutson, City Cleric 357000x1 CLB R291-20 2 Dec -10 -06 01:55pm From -SSA LLC LAN ORGANIZATION 0376636727 T -437 P.06/16 F -606 DEC - 07-2009 12:26 My BROOKLYN CTR 763 503 3385 P.008 The motion for the adoption of the forego' resolution was duly wooded by member and upon vote being taken thereon, the following voted in favor thereoE And the following voted against the same: Whereupon said resolution was declared passed and adopted. • 3S7000v1 CLL BR29140 3 Dec-10 -09 01:55pm From -SSA LLC LAW ORGANIZATION 2376636727 T -437 P.07/18 F -806 • �•a�.n�.. -w --x `,g ma � � t , Ka:.� i / Y • a , F (OP$ Manual 900) The sale of cigarettes, cigars and other smokeless tobacco products i most states requires the customer to be of LEGAL AGE. The common legal age is 18, but this could vary by Stan; or local laws. As with alcohol sales, it is important tttat when selling any tobacco products, you must OBEY THE LAW! � :•; rh t I;,•,•,` Il e s ' 0 You must request acceptable identification. The legal age for tobacco pr oduct taken out of wa llet /banoid and swiped purchases at your Store is: through the register, from any person who appears io be under the age of 30 years ofd. Arry violations of SSA mt)acco sales policies will resolt in disciplinary action up to and t including termination. 1lie ONLY acceptable furms of eauntification bra: • - Valid Pictured State -Issued Driver's License. • Pictured State - issued Identification Card. • Military- Issued Identification Card. • U.S. Ptissport or U.S. Govemment Immigrant Identification Card Remember, if you have ANY questions about a tobacco product salo, ask for proper identification. If you are still in doubt; REFUSE THE SALE! �+ r 0A. 03106 • City Council Agenda Item No. 6o • COUNCIL ITEM MEMORANDUM To: Curt Boganey, City Manager From: Scott Bechthold, Chief of Police Date: January 6, 2010 Subject: Resolution and Consent Order Imposing Civil Penalty Recommendation: It is recommended that Council recognize by resolution the acceptance of a $1,000 fine by Speedway Super America LLC due to a previous liquor license violation. Background: On December 23, 2008 an employee of the Speedway Super America LLC, located at 1901 — 57 Avenue North in the City of Brooklyn Center, illegally served alcoholic beverages to a person under the age of twenty -one. This was in violation of Minnesota Statutes. § 340A.503, Subd. 2 (1). The employee has already been adjudicated by the court system. n has been discussed with Speedway • The license violation p Y America LLC p (hereby referred to as the licensee). The licensee has made indication that they would agree to pay a $1,000 sanction for the violations to a civil penalty. The licensee has made further efforts to remedy this civil issue by providing their policies and procedures in reference to the lawful sale of alcoholic beverages. The licensee has made statements that these policies and procedures have been reviewed with the employees responsible for the sale of alcoholic beverages. The licensee also recognizes that if they fail to comply fully with the policies and procedures at any time durin g Y the three-year period followin g the date of this resolution, the City may revoke or suspend the licensee's license or impose civil penalties. Budget Issues: None. Attachments: • Resolution and consent Order • Speedway SuperAmerica's policy concerning the sale of liquor to minors. • • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR SUPERAMERICA #4058 AT 1901 57TH AVENUE NORTH WHEREAS, the city of Brooklyn Center (the "City") has issued licenses for the sale of alcoholic beverages to Speedway SuperAmerica LLC at 1901— 57th Avenue North (the "Licensee "); and WHEREAS, an illegal activity occurred on the licensed premises of the Licensee on December 23, 2008, specifically, sale of alcoholic beverages to a person under the age of 21 by an employee of Licensee in violation of Minnesota Statutes, § 340A.503, Subd. 2 (1) (the "Violation "); and WHEREAS, the occurrence of the Violation is not disputed by the Licensee; and WHEREAS, the City Council regards such activities as very serious matters warranting the sanctions hereinafter set forth; and WHEREAS, the Licensee has, to date, maintained a liquor establishment that has been relatively free of criminal activity relating directly to the sale of alcohol; and • WHEREAS, the Licensee has been generally cooperative in the investigation of this matter, has demonstrated a willingness and desire to work with City staff in resolving this matter without putting the City to the expense of an administrative hearing, has expressed an understanding of the seriousness of the offenses, and has committed to ensuring that such offenses do not recur; and WHEREAS, Licensee has identified personnel policies and training, operational practices, and other means intended to minimize or eliminate such violations in the future and to assure a safe, responsible and lawful liquor operation, which have been set forth in written policies and procedures adopted by Licensee, a copy of which is attached hereto as Attachment One, and hereby made a part hereof (hereinafter the "Policies and Procedures "); and WHEREAS, Licensee has represented, and by execution of a copy of this consent order agreed, that it will faithfully and fully comply with all of the Policies and Procedures set forth in Attachment One; and WHEREAS, on the basis of such representation and agreement by Licensee and assuming continuing compliance therewith, the City is willing to limit sanctions for the Violations to a civil penalty in the amount of One Thousand Dollars ($1,000); and WHEREAS, were it not for such representation and agreement of continuing compliance with the Policies and Procedures by Licensee, the City would not be willing to so limit sanctions and is doing so solely on the basis of such representation and agreements of Licensee and • RESOLUTION NO. on the basis of the agreement by Licensee that the matter of the sanctions to be imposed for the Violations may be reopened and reconsidered, pursuant to Minnesota Statutes, § 340A.415, in the event Licensee fails to comply fully with all of the Policies and Procedures at any time during the three (3) year period following the date of this Resolution, all as hereinafter provided; and WHEREAS, the Council has determined that this Consent Order, resolving issues relating to sanctions to be imposed by reason of the above described violations is reasonable, necessary and in the best interests of the public; and WHEREAS, the Licensee has freely agreed to waive a statement of written charges and a hearing thereon and to pay the civil penalty hereinafter described, for the consideration set forth herein. The Licensee acknowledges and agrees that it freely executed this agreement, without threat of criminal prosecution, for the purpose of avoiding a public hearing and resolving issues relating to sanctions to be imposed by the City as the licensing authority, pursuant to Minn. Stat. § 340A.415. ON THE BASIS OF THE FOREGOING, THEREFORE, IT IS RESOLVED THAT THE CITY COUNCIL ORDERS AND AGREES AS FOLLOWS: • 1. The Licensee will pay to the City Finance Director, within ten days of receipt of written notification of approval of this Consent Order by the City Council, the sum of One Thousand Dollars ($1,000). 2. The Licensee waives a written statement of charges, notice of hearing and hearing to which it is entitled by Minn. Stat. § 340A.415. 3. The Licensee admits the occurrence of the Violation. 4. The City will impose, as the sole civil sanction for the Violations, a civil penalty in the amount of $1,000 payable as set forth in paragraph 1 hereof. This agreement shall not limit the right of the City to pursue civil remedies or to take any action with respect to the license that is authorized by state law or City Code for any activity to which this agreement does not specifically apply and that is a violation of state law or City Code. 5. Except as provided in paragraph 6, in the event of future violations of state law or City Code by Licensee, no additional penalty shall be imposed for unlawful activity covered by this agreement. However, admissions of unlawful activity described herein may be taken into consideration in determining appropriate sanctions in any future cases. • • RESOLUTION NO. 6. In the event the City Council determines that Licensee has failed to comply fully with the Policies and Procedures at any time during the three year period following the date of this Resolution, Licensee agrees that the City may revoke or suspend the Licensee's license or impose civil penalties for the Violations pursuant to Minnesota Statutes, § 340A.415, provided the total penalty, including the penalty agreed to pursuant to paragraph 1 hereof, shall not exceed amounts authorized by law. 7. Licensee understands and agrees: a. That this agreement does not constitute an agreement not to bring criminal charges for activities described herein; b. That a decision whether to bring any charges rests within the discretion of the City prosecuting attorney, the County attorney, or other authorized law enforcement agencies; C. That the Licensee freely enters into this agreement without any • promises from the City that no criminal charges will be brought; d. That this agreement is entered into for the sole purpose of resolving and settling any potential civil sanctions imposed pursuant to Minn. Stat. § 340A.415, and not for the purpose of resolving or settling any potential criminal issues; and e. That in the event criminal charges are brought against the undersigned, the Licensee or any of its employees for activities described herein, Licensee will not contest the validity of this agreement, repudiate, or otherwise challenge this agreement in any way, by reason of the initiation or prosecution of such criminal proceedings. SPEEDWAY SUPERAMERICA LLC By Its RESOLUTION NO. • By Order of the City Council of the City of Brooklyn Center this 11th day of January, 2010. January 11, 2010 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. Dec -10-04 WISP& FtwSSA LLC LAN ORGANIZATION 1379636727 T -437 P -08/18 F -606 . ee~ Para er A Blessing Law Organizaetan �RE�C/�1 Speedway SuperAmerica LLC sps•aw•y oB,c• PA• gx Ohio 45501 SPt j 037- 8W4727� 6 ftQSSALLC -Wn December 10, 2009 Visa Facsimile City of Brooklyn Center Attn: Commander Reynolds RE: SuperAmerica #4058 19os 57` Avenue North, Brooklyn Center, MN 5543 D Commander Reynolds: SSA hereb With respect to the above referenced matter, Speedway SuperAm erica LLC ) accepts the proposed Resolution and Consent order Imposing Civil Penalty in the above referenced matter. The executed Resolution is attached. Per your request, SSA is also attaching the policies p ertaini n g sales. we will await the finalized Resolution g to al m this matter confirming the assigned penalty SSA respectfully asks the City to review the following information- In presenting this • knowledge i is our hope that the Cit will gam further a of SSA and our g operations: • Store has been in operation since January 1, 2998. • The license was recently renewed for 2010. • The clerk involved m this incident, Kevin Massey, was immediately fired from his employment as a direct result of this incident. • Mr. Massey did receive training regarding alcohol sales on his first day of employment in March 2048. Each employee is instructed that it is company policy to request identification from any customer who appears under 30. They are also instructed that failure to follow company policy and the law will result in disciplinary action against them including termination. • SSA utilizes an additional training program on alcohol sales called the "Techniques of Alcohol Management' or TAM program- Each new employee is required to take this computer -based training (CBn program within the first two weeks of employment and every six months thereafter as a refresher. The TAM • program is de to reinforce policy as well as provide practical training for handling the transaction. For example, they are trained to move the alcohol out of sight or under the counter if a customer is unable or unwilling to provide a Dec -10 -09 01:55pm From —SSA LLC LAN ORGANIZATION 9376636727 T-43T P.09/19 F -606 Page 2 valid ID. Mr_ Massey completed TAM most reeentl on March io, 2009. Signs and decals are posted throughout the store reminding employees and customers that proper identification is required for the purchase of alcoholic beverages. The store's cash register system is equipped with technology that prompts the cashier for age verification immediately when alcohol is scanned into the register. The cashier should then enter the date of birth from the identification into the system. The system will then authorize / deny the transaction. Please note that Mr. Massey chose not to request ID. He overrode the POS and completed the sale. • The Store Manager was ineligible for the next monthly Store Manager Bonus as a result of this incident Further, the Store Manager of this location is also subject to disciplinary action up to and including termination if this store is cited for repeated alcohol sales violations. SSA has implemented a new program called "RAW in our stores. This is a compliance check program completed on a monthly basis by a third party — the BARS Program, based in Colorado. BARS agent enters a store with a legal age decoy, appearing to be under the age of 30, and attempts a purchase of either • alcohol or tobacco. If the employee on duty requests proper ID and denies the sale, he /she is issued a green card for passing the check. If the employee fails to request ID from the decoy, a red card is issued and disciplinary action is taken ranging from a written warning up to termination of employment. Store Managers and District Managers are also affected by this program. If a store fails numerous checks, a Store Manager could be written up, demoted, or terminated. District Managers are subject to punishment — if one of his/her stores becomes a repeat offender. As a result of this incident, Operations will consider placing this location on the BAYt.S Program to keep rules, regulations, policies, and procedures for alcoholic beverage sales fresh in the store minds. As the owner and operator of over goo convenience stores and truck stops permitted to sell alcoholic beverages in a nine -state market area, SSA takes its responsibilities and obligations to comply with all rules and regulations governing alcoholic beverages very seriously. SSA makes every effort to educate its employees about the legal responsibilities of selling alcoholic beverages. Again, the employee in this matter was immediately terminated from his employment as a result of this failure. The Store Manager did not receive his Store Bonus for the month. As a result of the Store Manager's loss of bonus, the District Manager's bonus was decreased as well. Please allow this letter to serve as an indication that Speedway SuperAmerica LLC takes these matters seriously. Dec -10 -0I 01:55pm From-SSA LLC LAN ORGANIZATION ISTS63672T T -43T P.10/16 F -606 . Page 3 Thank you for your kind review of this information- Please direct all further correspondence on this matter to my attention. Sincerely, SPEEDWAY SUPERAMERICA LLC 4^*4 V Jennifer A. Blessing Paralegal Attachments i Dec -10-09 01:55pm From - SSA LLC LAN ORGANIZATION 0370636727 T -437 P -11 /10 F -606 DEC -07 -2009 12:25 CTY BROOKLYN CTR MI pus "bo r.uuc Member introduced the following resolution and moved its adoption: CITY OF BRO )KL CENTER RESOLUTION NO. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY WHEREAS, the city of Brooklyn Center ( the "City l has issued licenses for the sale of alcoholic beverages to sp SupeerAmexrca LLC at 1901 — 57 Avahue North (the - ucenseej; and WHEREAS, an illegal activity � t•4A )2 vlty occurred on the p December 23, 2008, specifically, sale of alcoholic beverages to a person under the age of 21 by an employee of Licensee in violation of Nfinnesota Statute § 340A.503, Subd. 2 (1) (the "Violation"); and WHEREAS, the occurrence of the Violation is not disputed by the Licensee; and • WHEREAS, the City Council regards such activities as very serious matters warranting the sanctions hereinafter set forth; and WHEREAS, the Licensee bas, to date, maintained a liquor establishment that bas been relatively flue of criminal activity relating directly to the sale of alcohol; and WHEREAS, the Licensee has been generally cooperative in the investigation of this matter, has demonstrated a willingness and desire to work with City staff in resolving this matter without punting the . City to ft expense of an : administrative hearing, • has ' mxpr+essed an understanding of the seriousness of • the offenses, and bas committed 'to- 'ensuring diO such offenses do not recur; and WHEREAS, Licensee has identified personnel policies • and training, ' operaEtipna! practices, and other means intended to minimize or eliminate such violations in the font and to assure a safe, responsible and lawful liquor operation, which have baexi set forth gin! iivtitten policies and procedures adopted by Licensee, a copy of which is attached hereto as Attachment One, and hereby made a part hereof (hereinadus the "Policies and Procedures"); and .WHEREAS, Licensee has represented, and by execudon of a copy of this consent order agreed, that it will faithfully and fully comply with all of the Policies and Procedures Set' forth id Attachment One; and • 3570024 CLL BR291.233 1 Dec -10 -09 01:55aa From-SSA LLC LAN ORGANIZATION 9376636727 T -437 P.12/10 F -606 a DEC -07 -2009 12:26 CTY BROOMN CTR 763 503 •s60b Y.uus WHEREAS, on the basis of such representation and agreement by Licensee and assuming continuing compliance therewith, the City is willing to limit sanctions for the Violations to a civil penalty in the amount of One Thousand Dollars ($1,000); and WIMEAS, were it not for such representation and agreement of continuing cosapliance with the Policies and Procedures by Licensee not be , the City would willing to so limit sanctions and is doing so solely on the basis of such representation and agreements of Licensee and on the basis of the agreement by Licensee that the matter of the sanctions to be imposed for the Violations may be reopened and reconsidered, pursuant to Statutes. § 340A.415, in the event Licensee fails to comply fully with all of the Policies and Procedures at any time during the three (3) year period following the date of this Resolution, all as hereinafter provided; and WMEAS, the Council has determined that this Consent Order, resolving issues relating to sanctions to be imposed by reason of the above - described violations is reasonable, necessary and in the best interests of the public; -and r 3285 P. 003 WHEREAS, the Licensee has fc+eely agreed to waive a statement of written charges and a }wring thereon and to pay the civil penalty hereinafter descried, b for the consideration set forth . herein. The Licensee aclosowledges and agrees that it freely executed this agreement, without thmat of criminal prosecution, for the purpose of avoiding a public hearing and resolving issues relatin g ' to sanctions to be imposed by the City as the licensing authority, pursuant to . Stet. � Min • § 340A.415. ON THE BASIS OF THE FOREGOING, THEREFORE, IT IS RESOLVED ?HAT -THE CITY COUNCIL ORDERS AND AGREES AS FOLLOWS: 1. The Licensee will pay to the City Finance Director, within ten days of receipt of written notification of approval of this Consent Order by the City Council, the sum • of One Thousand Dollars ($1,000). 2. The Licensee waives a written statement of charges, notice of hearing and heating to which it is entitled by Minn. Ste.. § 340A.415. 3. The Licensee admits the occurrence of the Violation. 4. The City will impose, as the sole civil sanction for-the Violations; a civil penalty in the amount of $1,000 payable as set forth in paragraph 1 hereof •Thb a9reeratnt'sba1l -not limit the right of the City to putsue civil remedies or to take any action with respect-to the license that is authorised by stare law or City Code for any activity to which this agreement does not specifially aMy and that is a violation of state law or City Code. S. Except as provided in paragraph 6, in the event of fun= violattions of state law or City Code by Licensee, no additional penahy shall be imposed for tmiawfut activity covered by • this agreement. However, admissi a of unlawful activity described herein may be taken into consideration in determining . t ..Aw sanctions in any future cases. 3S70ftv1=8PM1 -233 2 J Dec -10 -06 01:56pe From -SSA LLC LAW ORGANIZATION 0376636727 T -437 P.13/10 F -606 DEC -07 -2049 12:26 CTY BROOKLYN CTR ?63 503 3286 P.004 6. In the event the City Council dat amines that Licensee has failed to comply fuuy with the Policies and Procedures at any time Ring the throe year period following the date of this R,esoludoq Licensee agrees that the City may revoke or suspend the Iacensee's license or impose civil penalties for the Violations pursuant to Kmnesota Statutes, § 340A.415, provided the total penalty, i> bxhng the penalty agreed To pursuant to paragraph i hereof, shall not exceed amounts authorized by law. 7. Licensee undastands and agrees: a. That this agreement does not constitute an agreement not to bring criminal charges for activities described herein; b. That a decision whether to bring any charges rests within the discretion of the City prosmaing anorney, the County attorney, or other authorized-lnw adercemiew agencies; C. That the Licensee freely enters into this agreement witbout any promises from the City that no criminal charges will be brought; d. That this agreement is entered into for the sole purpose of resolving and settling any potential civil sanctions imposed pursuant to V M at. § 340A 415, and not for the purpose of resolving or settling any potential criminal issues; and e. That in the event criminal charges are brought against the undecsigried, the Licensee or any of its employees for activities descri herein, Licensee will not contest the validity of this agrawn= , repudiate, or otherwise challenge this agreement in any way, by reason of the initiation or prosecution of such criminal proceedings. SPEMWAY SUg:CA LLC BY Its . By Order of the City Council of the City of Brooklyn Center this _ day of 2009. • Tim Willson, Mayor ATTEST: . Sharon Knutson, City Clerk 3570W CLLDMI -233 3 Dec -10 -09 01:66ps From -SSA LLC LAW ORGANIZATION 9378636727 T -437 P.14/16 F -906 DEC -0 -2009 12126 CTY BROOKLYN CTR 763 503 3256 P.005 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: F' M5 Whereupon said resolution was declared passed and adopted. a 3570024 CLL BR291 -233 4 Dec -10 -011 01:56ps From -SSA LLC LAN ORGANIZATION 0376636727 T -497 P.15/16 F -006 0 W� d I K (OP5 Manual 200) SSA realizes that drinking and driving is a very serious problem and is very cowcientious concerning alcohol abuse. Asa resua, SSA has developed a program to increase both public and associate alcohol awareness. As a new associate, you must oe aware of Federal, State and local laws, as well as SSA's policies governing the sale of alcohol in your Store. SSA associates who sell akohol illegally will be subject to termination. If your Store sails alcoholic beverages, you are required by SSA pocky to read the Mahal Sales Progr= materials sign ' to abide by all laws and Comparry policies BEFORE. you I s and g n the Associates � es. in additio "l.A. PLEASE:. WS S THE LAW" is part of the required can sell alcoholic beverages in our stor n, Company unirorm at all times. You will also notice several decals on the cooler door and around the cash register area. These decals remind our customers about our policy of tMdring proper identification for all alcohol purchases. Within the first 14 days of your employrnent, you will attend a petalled training progi am called I.A.M. (Techniques of Alcohol Management) which is conducted at tho District Training Center. REMEMBER. The buying and selling of alcoholic beverages is a privilege, not a rot. In order to retain the privilege of selling alcohol, • we must OBEY THE LAW! It is the customer's responsibility to PROVE to you that they are of legal age to purchase alcohol. It is YOUR responsibility to ensure that our Company comports with all laws regarding the sale of alcoholic beverages. These laws will vary by State, county or municipafiry. r s Rer OLOi 'Q 1 Dec -10 -06 01:56pa From-SSA LLC LAW ORGANIZATION 0376636727 T -43T P.16/16 F -606 Sri • 1 1 1 A customer must be of legal aqe Wore you are allowed to sell tnem ak:ohol. The iepi • IMMEDIATE TERMINATION OF' age for your Store is: EMPLOYMENT Geer • Possibility of Arrest lbliun • Possibility of Fine Distilled Spirits • Possibility of Jail Term . Possibility of Criminbi Record I It s SSA•s olio that wid ask for table identificauon from anyone who does not appear to P y Y� acce ptable be at least 30 YEARS OF AGE. In some areas, you may be required to card everyone who attempts to uestir ptrchaae ak.i�hiolic beverages. Ask your Store Manager about the specific pol for r aq t9 acc identification at your Store. If you have ANY questions or concerns about on alcohol sale, REFUSE THE SALE! • W, W W 1 I, J S6' t m I, d •i� a 'tiny A i }�py�t � � 'I� �j,• - C ustomers must PROVE they are It ine identification is still pt a wallet when of legal age by presenting one of Vented• politely ask the customer to remove it and twnd it w sow. For those states with a the following acceptable forms of magnetic stripe on the back of die license, identification slide the I.D. through the: POS the same as a • Valid, pictured SWW issued driver's aedit card, license. Each year those stores selling NOTE: Some states requite acceptance of alcoholic beverages are provided a other forms of idontificai ion. if so, SSA current state -by -state driver's license will honor tnat form of identification In reference guide. which provides photo that irate. Other states lima acceptaole examples of acceptable dr'iver's licenses identification to only sorzir of the forms for each state. If your store sells alcoholic indicated above. Make sure you ask beverages, ask your manager to show you your Store Manager aboui specific where this booklet is kept. identification that you are permitted • Picured State - Issued Identification Cara to accept. • Military - issued Identification Card. r � • U S. Passport or U.S. Government . + • r Immigrant Identification Card. . • State-lswed Valid Liquor Control Card. i' 4. Rft Wro6 - Dec -10-09 01:66ps From -SSA LLC LAN ORGUIZATION 937669ST27 T-43T P. W16 F -606 • 1 1 S 1 Laws vary by state, county and municipality, so it is CRITICAL that you abide by.. the legal hours of alcohol sale at yaw Store, which are: Mon. - Fri. To Saturday To Sunday To I r � Indications of a second -party sale: Intoxicated Customers: - A minor giving money to a customer of It is against the law to sell alcohol to anyone legal age who then purchases alcohol. who appears to be intoxicated. If at any time you are suspicious that a customer may be • A nervous minor otrserving a Customer intoxicated: REFUSE THE SALE! of the legal age purchase alcohol. Characteristics of intoxicated persons: - Minors approaching a customer of the legal age. who then enters the Store and 'Staggering purchases alcohol. • Slurred Speech - Gentxal loitering by minors. • Loss of Sound Ju dgment - A minor who leaves when asked to • Bloodshot Eyes hanish identification, out whose • fh,smd face associate then tries to purchase alcohol. • Alcohol on the Breath • Vomiting R". OWN Dec-10-00 01:56pm From -SSA LLC LAN ORGANIZATION 9379636121 T -437 P.19 /19 F -606 Checking a Customer's Identification Once the customer's identification rim been presented and swiped through register (out of the wallet). there are sev(val things to clx:ck to make certain that it is legitimate. Binh Date: Check acceptable identification to ensure the person is of the legal age to purchase alcohol. Compare the date to the date slrown on the WE CARD calendar located beside the POS. Check acceptable identification to ensure the birth date has not been altered: • Erased • Typed Over • SnuAged • Cut Out and Replaced Photograph: Compare the photograph on the identification to the customer purchashrg the alcoholic beverage. . Check physlcol characteristics such as: + Eye Color • Hair Color • Heignt • Weight i Me+. OIlC6 City Council Agenda Item No. 7a City of Brooklyn Center A Millennium Community COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services January 7, 2010 SUBJECT: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JUDITH BERGELAND FOR 19 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER • Recommendation: Staff requests Council consideration of the attached resolution Background: Judith Bergeland has been an employee of the City of Brooklyn Center since January 7, 1991. She will retire on January 8, 2010, after 19 years of dedicated service to the City of Brooklyn Center and its citizens. Judith has been with the Earle Brown Heritage from its inception, even helping to guide conversion of the Earle Brown Farm into a Conference and Events facility. Under Judith's supervision, the Earle Brown Heritage Center has gained an award winning reputation for quality and service. Judith Bergeland has performed her duties in an exemplary fashion, always assuring that the best interests of the Earle Brown Heritage Center and the City were well served. It is fitting that we recognize the professionalism with which Judith Bergeland has discharged her duties and the positive impact she has made on the Earle Brown Heritage Center and community of Brooklyn Center. Budget Issues: None noted 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number g y Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JUDITH BERGELAND FOR 19 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Judith Bergeland has been an employee of the City of Brooklyn Center since January 7, 1991 and retired on January 8, 2010, after 19 years of dedicated service to the City of Brooklyn Center and its citizens; and WHEREAS, Judith Bergeland has consistently provided the City of Brooklyn Center and its residents with dedicated public service during her tenure as General Manager of the Earle Brown Heritage Center; and WHEREAS, Judith Bergeland served on the original committee that guided the conversion of the Earle Brown Farm into a Conference and Events facility; and WHEREAS, Judith was instrumental in the continued development and growth of the Earle Brown Heritage Center: and WHEREAS, Judith Bergeland secured major grant funding for the restoration of EBHC's landmark water tower; and i WHEREAS, the Earle Brown Heritage, under Judith's leadership, has garnered an award winning reputation; and WHEREAS, Judith Bergeland has performed her duties in an exemplary fashion, assuring that the best interests of the Earle Brown Heritage Center and the City were well served; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the professionalism with which Judith Bergeland has discharged her duties and made a positive impact on the community of Brooklyn Center. 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 public service of Judith Bergeland is hereby recognized and appreciated by the City of Brooklyn Center. January 11, 2010 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 Manager FROM: Sharon Knutson, City Clerk DATE: January 4, 2010 SUBJECT: Resolution Expressing Recognition and Appreciation of Gretchen Knutson for Her Dedicated Public Service on the Housing Commission Recommendation: It is recommended that the City Council consider adoption of Resolution Expressing Recognition and Appreciation of Gretchen Knutson for Her Dedicated Public Service on the Housing Commission. Background: Gretchen Knutson served on the Housing Commission from August 25, 2008, through December 31, 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 GRETCHEN KNUTSON FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION WHEREAS, Gretchen Knutson served on the Housing Commission from August 25, 2008, through December 31, 2009; and WHEREAS, as a member of the Housing Commission, she contributed to developing and recommending standards for occupancy and maintenance of housing for the community; and WHEREAS, her leadership and expertise have been greatly appreciated by the Housing 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 Gretchen Knutson 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. January 11, 2010 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. 7c • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager 6 FROM: Sharon Knutson, City Clerk DATE: January 4, 2010 SUBJECT: Resolution Expressing Recognition and Appreciation of Joshua Xiong for His Dedicated Public Service on the Housing Commission Recommendation: It is recommended that the City Council consider adoption of Resolution Expressing Recognition and Appreciation of Joshua Xiong for His Dedicated Public Service on the Housing Commission. Background: Joshua Xiong served on the Housing Commission from April 10, 2006, through December 16, 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 JOSHUA XIONG FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION WHEREAS, Joshua Xiong served on the Housing Commission from April 10, 2006, through December 16, 2009; and WHEREAS, as a member of the Housing Commission, he contributed to developing and recommending standards for occupancy and maintenance of housing for the community; and WHEREAS, his leadership and expertise have been greatly appreciated by the Housing Commission; and WHEREAS, his 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 his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of kl enter, Minnesota that Joshua Xion is hereby recognized and appreciated by the City Brooklyn S Y � of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service he has rendered to the citizens of Brooklyn Center. January 11, 2010 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 Cler DATE: January 4, 2010 SUBJECT: Resolution Expressing Recognition and Appreciation of Mark Nemec for His Dedicated Public Service on the Financial Commission Recommendation: It is recommended that the City Council consider adoption of Resolution Expressing Recognition and Appreciation of Mark Nemec for His Dedicated Public Service on the Financial Commission. Background: Mark Nemec served on the Financial Commission from June 14, 1999, through December 31, 2009, serving as Chair since June 5, 2006. 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. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MARK NEMEC FOR HIS DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION WHEREAS, Mark Nemec served on the Financial Commission from June 14, 1999, through December 31, 2009, serving as Chair since June 5, 2006; and WHEREAS, he has made significant contributions as a member of the Financial Commission, including evaluating and developing fiscal policies, fiscal procedures, Mayor and Council Member total compensation, and budgetary and capital matters; and WHEREAS, his leadership and expertise have been greatly appreciated by the Financial Commission; and WHEREAS, his 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 his 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 Mark Nemec 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 he has rendered to the citizens of Brooklyn Center. January 11, 2010 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. I • City Council Agenda Item No. 7e City of Brooklyn Center A Millennium Community COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services DATE: January 5, 2010 SUBJECT: Resolution Expressing Appreciation for the Donation of the Brooklyn Center American Legion Post 630 in Support of the 2010 Summer Safety Academy Program Recommendation: Staff recommends acceptance of this donation and asks that it be coded to the corresponding activity budget. Background: The Brooklyn Center American Legion Post 630 has presented to the City a donation of five hundred dollars. ($500.00) They have designated that it be used to support the 2010 Summer Safety Academy Program. As this activity is largely funded through contributions, this donation will allow for the continuation of this important program. Budget Issues: None noted cc: Fiscal & Support Services 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 Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER AMERICAN LEGION POST 630 IN SUPPORT OF THE 2010 SUMMER SAFETY ACADEMY PROGRAM WHEREAS, the Brooklyn Center American Legion Post 630 has presented to the City a donation of five hundred dollars, ($500), and asked that it be used to support the 2010 Summer Safety Academy Program, and WHEREAS, the City Council is appreciative of this donation and commends the Brooklyn Center American Legion Post 630 for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donation with gratitude. 2. Appropriates the donation to the corresponding activity budgets. January 11, 2010 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. 7f City of Brooklyn Center A Millennium Community COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services Z f DATE: January 5, 2010 SUBJECT: Resolution Expressing Appreciation for the Donations of the Brooklyn Center Lions Club in Support of the 2010 Earle Brown Days Parade and the 2010 Summer Puppet Wagon program Recommendation: Staff recommends acceptance of these donations and asks that they be coded to the corresponding activity budgets. Background: The Brooklyn Center Lions Club has presented to the City donations of three thousand five hundred dollars, ($3,500.00) and five thousand dollars ($5,000.00). They have designated that they be used to support the 2010 Earle Brown Days Parade and the 2010 Summer Puppet Wagon program respectively. As these activities are funded entirely through contributions, these donations will allow for the continuation of these important events and programs. Budget Issues: None noted cc: Fiscal & Support Services 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.cityolbrooklyncenter.org Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATIONS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE 2010 EARLE BROWN DAYS PARADE AND THE 2010 SUMMER PUPPET WAGON PROGRAM WHEREAS, the Brooklyn Center Lions Club has presented to the City donations of three thousand five hundred dollars, ($3,500) and five thousand dollars ($5,000), and WHEREAS, they have designated that they be used to support the 2010 Earle Brown Days Parade and the 2010 Summer Puppet Playhouse program respectively, and WHEREAS the City PP Council is appreciative of these donations, and commends.the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donations with gratitude. • 2. Appropriates the donations to the corresponding activity budgets. January 11. 2010 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. i • City Council Agenda Item No. 8a �I COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk J q�m DATE: January 4, 2010 SUBJECT: An Ordinance Amending Ordinance No. 2008 -06 Regarding Council Salaries for 2009 -2010 Recommendation: It is recommended that the City Council consider adoption of An Ordinance Amending Ordinance No. 2008 -06 Regarding Council Salaries for 2009 -2010. Background: At its December 14, 2009, meeting the Brooklyn Center City Council approved first reading of An Ordinance Amending Ordinance No. 2008 -06 Regarding Council Salaries for 2009 -2010. The second reading and Public Hearing are scheduled for January 11, 2010. Notice of Public Hearing was published in the Brooklyn Center Sun -Post newspaper on December 24, 2009. • Budget Issues: There are no budget issues to consider. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 11th day of January 2010 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Ordinance No. 2008 -06 Regarding Council Salaries for 2009 -2010. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2008 -06 REGARDING COUNCIL SALARIES FOR 2009 -2010 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Center Ordinance No. 2008 -06, which amended the amount of the annual salaries to be paid to the Mayor and Council Members to become effective January 1, 2009, is hereby amended. Section 2. Effective January 1, 2010, the annual salary for Mayor shall be • $11,166 and the annual salary for Council Members shall be $8,549. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2010. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Str-i indicates matter to be deleted, underline indicates new matter.) • City Council Agenda Item No. 10a . COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager t FROM: Sharon Knutson, City Clerk DATE: January 4, 2010 SUBJECT: Select Presiding Officers — Mayor Pro Tem and Acting Mayor Pro Tem Recommendation: Mayor Willson requests that the City Council ratify the nomination of Kay Lasman as Mayor/President Pro Tem. Dan Ryan would serve as Acting Mayor/President Pro Tem. Background: Section 2.06 of the City Charter requires the Council to choose from its members a Mayor/President Pro Tem who shall hold office at the pleasure of the Council and shall serve as Mayor/President in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. City Council Resolution No. 92 -262, Establishing and Designating an Acting President Pro Tem of the City Council, states the most senior Council member shall preside in the absence of both the Mayor and Mayor Pro Tem, and that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. Following is a list of Council members by seniority and the votes cast per member in the most recent election. • Kay Lasman (elected November 5, 1996) • Dan Ryan (elected November 7, 2006, with 4,753 votes) • Mark Yelich (elected November 7, 2006, with 3,743 votes) • Tim Roche (elected November 4, 2008, with 5,627 votes) Attachments: City Charter Section 2.06 City Council Resolution No. 92 -262 Budget Issues: There are no budget issues to consider. • . b. A uniform list of initial questions to be asked of all applicants shall be made available to the public and the applicants in advance of interviews. To the extent reasonably practicable, questions asked of all applicants at the interviews shall be uniform. 4. Selection Process. Upon completion of the interview process, the Council may call for a vote to appoint an applicant. Each Council member may cast only one vote for a preferred applicant on each called -for vote to appoint. No vote, which does not result in a majority vote for one candidate, shall result in elimination from consideration of any candidate. Written ballots listing the applicant(s) shall be used. Each Council member's vote shall be recorded. A simple majority of the Council votes shall appoint that applicant to the City Council. 5. If the Council pursues the appointment process but then fails to fill a vacancy within forty-five (45) days from the occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy. The special election will be held not sooner than one hundred five (105) days and not later than one hundred thirty -five (135) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held. 6. The City shall comply with the Minnesota Data Practices Act in all respects in the collection, management, and dissemination of data on applicants for City Council vacancies. Section 2.06. THE MAYOR. The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a president pro tern who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and shall exercise all powers and perform all duties conferred and imposed upon the Mayor by this charter, the ordinances of the City, and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. The Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. In time of public danger or emergency the Mayor may, with the consent of the Council, take command of the police, maintain order and enforce the law. Section 2.07. SALARIES. The Mayor and the members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until the January 1 following the next succeeding general municipal election. The City Manager and all the subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. City of Brooklyn Center -4- City Charter Last revised 1012012004 Member Dave Rosene introduced the following resolution • and moved its adoption: RESOLUTION NO. 92 -262 (r--Vspv RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2.06 of the Brooklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tern who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tem may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS, the City Council desires to provide for an acting president pro tem who shall serve in the absence of the Mayor and president pro tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the most senior Councilmember shall preside in the absence of both the Mayor and Mayor pro tem. BE IT FURTHER RESOLVED that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. November 23, 1992 Date Todd Paulson, Mayor ATTEST: P Deputy C erk The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen , and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. lOb • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ��o I OW I Y DATE: January 4, 2010 SUBJECT: Resolution Declaring Commitment to the Brooklyn Center City Charter Recommendation: It is recommended that the City Council consider adoption of Resolution Declaring Commitment to the Brooklyn Center City Charter. Background: The City Manager is directed to place this resolution for re- adoption on the agenda for the first meeting of the City Council each January as information and reminder of Council/Manager responsibilities. Budget Issues: • There are no budget issues to consider. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council/Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commissions other than advisory boards or commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this Charter; and WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part • determined by a relationship of trust and mutual respect between the staff and the City Council. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council: 1. To rededicate itself to the spirit and letter of the City Charter and to commit itself to ensuring compliance by the City Council collectively and individually with that spirit and letter of the City Charter. he checks and balances of the City Charter that keep 2. To rededicate itself tot Y P City government accountable. 3. To pledge that in its dealings with citizens and City staff, that the City Council will treat such citizens and staff with respect and courtesy. The Council shall deal with staff in accordance with the City Charter through the City Manager. 4. To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner for the good of the whole City and without regard for personal gain or interests. 5. To direct the City Manager to place this resolution for re- adoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council/Manager responsibilities. January 11, 2010 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. i • City Council Agenda Item No. 10c i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager • FROM: Sharon Knutson, City Clerk DATE: January 4, 2010 SUBJECT: Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City RepresentativesNoting Delegates for Other Organizations for 2010 Recommendation: Mayor Willson e- mailed requesting that the City Council ratify the following appointments for 2010: Commission/Organization Council Member Financial Commission Dan Ryan Housing Commission Tim Roche Park and Recreation Commission Mark Yelich Crime Prevention Program Kay Lasman NW Suburbs Cable Communications Commission Tim Willson; Kay Lasman — Alternate Brooklyn Center Special Events Committee Kay Lasman; Tim Willson — Alternate Earle Brown Days Committee Tim Willson; Dan Ryan — Alternate North Hennepin Area Chamber of Commerce Mark Yelich Metro Cities Tim Willson; Mark Yelich — Alternate League of Minnesota Cities Dan Ryan; Tim Roche — Alternate • Background: At the first meeting of the year the Mayor appoints City Council Members to serve as Council Liaisons to City Advisory Commissions and as Council representatives or voting delegates /alternates for boards, committees, or organizations in which the City participates. In 2009, Council Members were appointed as follows: Commission/Organization Council Member Financial Commission Dan Ryan Housing Commission Tim Roche Park and Recreation Commission Mark Yelich Crime Prevention Program Kay Lasman NW Suburbs Cable Communications Commission Tim Roche Brooklyn Center Special Events Committee Kay Lasman Earle Brown Days Committee Tim Roche North Hennepin Area Chamber of Commerce Kay Lasman Metro Cities* Tim Willson; Mark Yelich — Alternate League of Minnesota Cities Tim Willson; Dan Ryan — Alternate Budget Issues: There are no budget issues to consider. City Council Agenda Item No. lOd City of Brooklyn Center A Millennium Community COUNCIL ITEM MEMORANDUM TO: Mayor and City Council FROM: Curt Boganey, City Manage�� DATE: January 7, 2010 SUBJECT: RESOLUTION ESTABLISHING THE BROOKLYN CENTER CENTENNIAL CELEBRATION PLANNING COMMITTEE Recommendation: The attached resolution has been prepared in response to Council direction. Background: At the December 14, 2009 City Council Study Session, the City Council reviewed a proposal from the Special Events Committee offering to serve as the planning committee for the City's upcoming Centennial Celebration. At that meeting, it was the consensus of the Council to authorize the Special Events Committee to serve as the planning committee for the Centennial Celebration to be confirmed by Council resolution at the next regular meeting. Accordingly, I have attached a memorandum from the Special Events Committee and a Resolution for Council consideration. Budget Issues: The City Council has appropriated funds in the General fund in support of the Centennial Celebration. 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 Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ESTABLISHING THE BROOKLYN CENTER CENTENNIAL CELEBRATION PLANNING COMMITTEE WHEREAS, the village of Brooklyn Center was incorporated in February 1911; and WHEREAS, the city will be 100 years old as a corporate body in February 2011; and WHEREAS, it is only fitting and right that the residents, businesses, citizens, and friends of Brooklyn Center rejoice and celebrate this momentous occasion; and WHEREAS, this is a great opportunity to bring future generations of the community together and build on the legacy of this proud community; and WHEREAS, the Brooklyn Center Special Events Committee has agreed to serve as the Centennial Celebration planning and organizing committee; and WHEREAS, Mr. Keith Lester has been appointed chair of the Centennial sub- committee of the Special Events Committee; and WHEREAS, Mayor Willson and City Council have agreed to accept the proposal to establish the Special Events Committee to serve as the planning committee for the Centennial Celebration and said committee shall serve at the pleasure of the Mayor. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Centennial sub - committee of the Special Events Committee is hereby charged with providing overall planning and coordination of the Centennial celebration activities. January 11, 2010 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. • • December 8, 2010 Memorandum To: Mayor Tim Willson From: Special Events Committee Subject: Centennial Committee The Brooklyn Center Special Events Committee is a non - profit corporation and incorporated with the State of Minnesota in January 2000. This formal structure was the result of the work of the Brooklyn Center Year 2000 Celebration- Steering Committee which was organized in October of 1998 to bring together the civic organizations, the business community, interested citizens, area school districts and the City to celebrate the Millennium. Over the last decade, this committee has planned a number of successful events, most notably the annual Brooklyn Center Birthday Celebration. At the September meeting of the Special Events Committee the Centennial Celebration was discussed. The committee has concluded that since there is still a vacancy in the position of Centennial Committee Chair, the Special Events Committee would offer to serve as the planning • committee for the Centennial celebration. To that end, at the November 19, 2009 meeting, the Special Events Committee constituted a sub- committee specifically to plan the centennial events. Additionally, the Special Events Committee appointed Keith Lester to their board of directors. Furthermore, the committee also appointed Mr. Lester as the chair of the Centennial sub - committee. Attached you will find a draft framework for how the Centennial sub - committee could work. Included is a mission statement, structure, goals for the committee and a preliminary action plan. The Special Events Committee recognizes that the City Council has already developed conceptual framework for how the Centennial Committee could work. However, we are also cognizant of the calendar and recognize that our Centennial Celebration is fast approaching. Accordingly, we would ask that you consider our request expeditiously, so that we may begin our planning. As the annual birthday celebration is likely one of the first events of 2011, the Special Events Committee would like to begin developing some hype for 2011 at the 2010 birthday party. • DRAFT FOR DISCUSSION ONLY Brooklyn Center, Minnesota Centennial Celebration The following is intended as a draft from which a Centennial Committee could work. It clearly is a beginning that will require additional ideas, the removal of some ideas and approval by the committee as well as city leadership. I suggest that we plan for the absolute best celebration and not limit ourselves by time, personnel or dollars. As we plan, we can develop a program to the scale we can achieve. MI, It is the mission of the Centennial Celebration Committees;, , ° ��nite a celebration of the rich heritage and history of Brooklyn Center over the past 100 years and to inspire contrrt greatness,, tinction and pride for the second century. We will honor the past, celebrate the present and image_ a fu Structure: " The committee will work as an integral arm of the Brooklyn Center Special`l =its Committee. Its role will be to plan, lead and direct celebration activities by working collaboratively with comm unit idividuals, organizations and cultural p 6 ou � s. gwPi�' ~ %P';,'J y �� ,L •:'';;�.s, . +..;fir Goals: • Establish an action wand budge'' r a year -long preparation for the Centennial Year Celebration and �,�4 Activities that will crea tt serest a. enthusiasm throughout the Brooklyn Center Community. • Cooperate with businesses ' uc� titl,,�shtutions, churches and community organizations to incorporate their existing events and activities "iral 1,an overall "016ni1hat focuses on the theme and program for the Centennial Celebration. Assure the planning and implement Lorif a celebration that reflects the participation and ideas of the entire community.p • a celebration that recognizes the p g p�4i� Develop who built Brooklyn Center, the individuals who sacrificed for our city and country and the diversity which has contributed to the richness of our community. Action: In consultation with the City Manager, submit a preliminary budget proposal to the Mayor requesting his review and approval no later than December 31, 2009. 11/14/2009 1 i AGE 2 Other Considerations 1. Should it go all year or should culmination happen earlier? 2. Once preliminary budget and plan are in place, begin soliciting funds, space and other resources. 3. Theme and Logo at top of list. 4. Brochure follows S. Workgroups formed 6. Select events 7. Schedule events tt- ra §: K; � Win, ^yam -,"�� - HCJ •;P w ' A c . r 11/14/2009 2 I AGE 3 Action Items Theme: We need something that will represent all • Heritage aspects of Brooklyn Center — history, diversity, etc. Logo: Should be unique, colorful and clearly present + Need "All American City" logo (is it still active ?) the theme of the event. • Color scheme should include red, white and blue. Existing Events • Birthday Party • Earle Brown Days • National Night Out • Dudley Softball Tournament • oily Sunday liday Party (representative) Halloween Party °= _A Pancake, Waffle and Spaghetti Suppers /Breakfasts (anyone doag Lutefisk and Lefse? er cu,.lnd community events to be l Activities /Events • Tre Hunt • Tell Higoi through storytelling (oral history) • Art Show .:. + Talent Show'; _a ���- �=��4Y� � • Concert (Vizenor�?� n ='` • Community Picnic '` - Concerts in the Park :�,. • Treasure Hunt w . _ ;�_ ,�;,� - • Open Houses (City Hall, Schools, History Center, Earle Brown Center, etc.) Special Events City Council passes resolution Committee meetings public (dates and times `.. published) Time Capsule (open and new) • Plaque (legacy item for City Hall) 11/14/2009 3 AGE 4 Fund Raising/Resources (Goal - $30,000 ?) Budget from City of Brooklyn Center Sponsors- • Title Sponsor - $5,000 • Platinum - $2,000 up to • Gold - $1,000 up to $1,999 • Bronze - $500 up to $999 • Individual - $100 up to $500 Donations of Supplies /Materials Donations of "people resources" Donations of space Media, PR, etc. • ble Access TV C annel 12 Memorabilia (see above) 4 Video Production eb link? bpage? ebb • Linkeii m • Classmaom • Twitter • Sun Post 4 ~ City newsletter co, • School Newsletters • Church bulletins + Organization newsletters (i.e. Historical Society, = `U ., w Rotary, Lions) Promotional Materials ,Memorabilia: T- Shirts Sweatshirts `: F • Flags • Note cards • Mascots • Magnets • Mugs • Pins • Books • Bags • Caps • Recording (spoken word, music across the century, etc.) • Video 11/14/2009 4 AGE 5 Work Groups: Representing age, culture diversity Educational Working Group The educational working group is established to represent education in Brooklyn Center, including public, private and charter schools K -12, museums and higher education through programs, curriculum and events. Student participation in pi " ` and implementing activities will be in the forefron CommuM, : ' ' rkingg, up The Community workin - 'pup is established to represent the community in Brooklyn " ter through non - profits, diversity and faith -based group Special Events Working Group The Special Events working group is est > 'bed to identify, coordinate, plan and produce large speciavents that are k ' r fI K. cti ve of our community. ;l e' w �Toiiisti& Marketing Working Group w The TolfflW . 4,Marketing working group is established to ,far..epresdhtz -fi6O . of the tourism industry and i n� 't, -prar#�otQ the Centen}al locally, regionally, nationally and wo wide. Histd.CigI Working Group The His14l =ical working group is established to accurately represent and preserve the history of Brooklyn Center through a reliance on historic preservation, legacy projects and fact checking. r� Cultural Grou .. �. Working P The Cultural working group is established to represent s" Brooklyn Center's cultural community, both historic and contemporary, through programs, events and legacy Jl l .� projects. 11114/2009 5 Member Kay lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2008 -52 RESOLUTION ESTABLISHING THE BROOKLYN CENTER CENTENNIAL CELBRATION COMMITTEE AND APPOINTING CHAIRPERSON WHEREAS, the Village of Brooklyn Center was incorporated in February 1911; and WHEREAS, the community has continued to grow and prosper throughout the years of development; and WHEREAS, the City will be 100 years old as a corporate body in February 2011; and WHEREAS, it is only fitting and right that the residents, businesses, citizens and friends of Brooklyn Center rejoice and celebrate this momentous occasion; and WHEREAS, this is a great opportunity to bring future generations of the community together and build on the legacy of this proud community, WHEREAS, Mayor Willson has appointed Diane Sannes as Chairperson of the Committee and shall serve at the pleasure of the Mayor. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that we establish the Brooklyn Center Centennial Celebration Committee, to provide overall planning and coordination of the Centennial Celebration Activities and confirm the appointment of Diane Sannes as Chairperson of this committee. April 28.2008 Date Mayor ATTEST: r �-J" _6 City Clerk The motion for the adoption of the foregoing resolution was duly seconded by membe r Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay 'L sman, Mary O'Connor, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 10e r COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steven Lillehaug, Director of Public Works DATE: January 6, 2010 SUBJECT: Resolution Authorizing Execution of a Professional Services Agreement for Design Services, Dupont Avenue Street and Utility Improvements, Project No. 2010 -01 Recommendation: Staff recommends that the City Council approve the attached resolution authorizing execution of a professional services agreement for design services for the Dupont Avenue Street and Utility Improvements. Background: On August 24, 2009, City Council established the Dupont Avenue Street and Utility Improvements project. This project is included in the 2010 Capital Improvement Program (CIP) in the amount of $3,707,000. The total 2010 CIP amount is $15,925,800, which is a significant • increase (approximately double) in CIP planning from past years. In an effort to accommodate this increase, City staff interviewed two consultants that would be able to provide the professional services needed to prepare plans and specifications for this project — WSB and Associates, Inc. and SRF Consulting Group, Inc. Based on qualifications, project delivery, work plan, schedule and cost, staff is recommending SRF Consulting Group, Inc. to provide the needed professional services. SRF Consulting Group, Inc. is available to start immediately to continue with the preliminary and final design of this project. The following is the schedule for this project: Design and Project Approval Winter /Spring 2010 Start Construction Spring 2010 Complete Construction Fall 2010 Budget Issues: The contract amount of $137,277 with SRF Consulting Group, Inc. for design services (see attached contract) is within the 2010 budgeted project amount. • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES, DUPONT AVENUE STREET AND UTILITY IMPROVEMENTS, PROJECT NO. 2010 -01 WHEREAS, the Capital Improvement Program for the City of Brooklyn Center identifies street and utility improvements along Dupont Avenue from 57"' Avenue to 73 Avenue; and WHEREAS, a feasibility study will be prepared by the City in February 2010 for the Dupont Avenue Street and Utility Improvements; and WHEREAS, the City desires to complete the proposed street and utility improvements for the Dupont Avenue corridor in 2010; and WHEREAS, City staff has negotiated a professional services agreement with SRF Consulting Group, Inc., to provide for the design of street and utility improvements for said project; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the City Manager is hereby authorized to execute an agreement for • professional services with SRF Consulting Group, Inc. in the amount of $137,277 to provide street and utility design services for Improvement Project No. 2010 -01, Dupont Avenue Street and Utility Improvements. January 11, 2010 Mayor Date 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. • i I Samr ol' Public NVAsUly linginecr 0 1 " ()I BRO()mL \ Ivi, i O.'tll sllili ( Ick:1, P�lrkwa� ji ('clilcr. NIN 5543() tit I iJ 1 ( A (m s 57 Mr. hllclmw,�: Iur H m ),w rawn. \ ;IIC plk:�I'Ckl to ��Llblilil thi" propos.lj to) pl-o\idc pro I'c"�J� IwIl iNwncc c o'l 11jCl t l, Ll t t ('it\ iS I 11 D�Ijlkllll 1 \ ;111(1 i ln'lll .111 c\pericllc'�d '�km'�tlllmlt to prcprlrc Construction doculliclits (111m 1". ;tlll;iruclit curt L-stilwltL:) I l it: ( I cs i v ii \\ork ill bqJ" il"lIcdiJlcI\ ' 111 1 coll "[ruction \611 hc,ln in • I,l'in mid J UINIII Mll' 2010. hlll\ prcp�lrcd to collillictc this \\ork OF SVIRVICE's scl icc'� lor Plc,ts�: ,cc 111C attache(( I )o.:Lliicd ork PIL111 for Ll CompIcLe dcs�:riptioll oI oul SC(.'I)C of pwii,:cl. ASSI NIPTION"S 5,t Ctl tell (till I'c(:Cllt di�CLIYtiioll, prcparcd thii ill Illind: i 1 11c pi-o\ i"I diuil'll base 111,11)1 I he ltcl\ 2M -()m 571h A\k:mle to ?aril A\cIllic pl limit, \\ ill bc h i, j Nj x1d `;talc- \id ) \\CIILW �t \id IOU "'lliclit c1csicgli. lul Hod, ilICILIJC IIC' CIlsclllk:llt or n'-dit k)l' \\'I\ .1C:qLlisitioll he llcccssar\ • December 18. 2 • C 11 C I I a LI s VNI) Scl I)L- Icad h\ Kevin -lullic. I'll Senior Associate. 10% in has C , c 1 C ,10% c expchum: "imilar ,Ivccl I I)I-QjeCtS ind Will SCI 'Is Ow Cit\`S point oil contact 101 the duration of 1110 j)r,)jcC1 - Irom ()tll i d eS i gn J 1 Ck)IIStruCtion. Kc\ln "ill he as,istcd I Jonathon McPherson. I'- Sellitm F.Iluilleer. Jon has rccclltl\ - Ck)llllllctc(l Similar linal dc projects and \\ ill Cow-dillalc the fi nal deign ticks Under Kc\ in'. MlPcl 01' our our JCSiUll lCaIll \\ ill he I)erck 13cruhc. . toil and Derck \\ill be J)"cPll member ar'" the ""a " ruction plans. I1 selected to pro\i(o ConSIRIeti011 JL11171illiStrati011 s cr\iccs. Derck \\ ill he j\ailabo to pro idc •av-lo-da\ ( i l l - s i l e Constriaclion t ) h s c l - \ a t i ( j l I . I )crck's CNI)criCIlCC " ith t I IC LIO C h 'j n I cd the I)IallS Mll Censure that he i i I' \\iLh the detail Losi'-Ull of the project lh)nl SRV iy pl lo) \Otlr allth(wi/.itioll. Wc ha\c dc\CATCd I prchlllinar project IM \(,Lir ro,2\ ic\% and it is attached 1() this pl(II-oo)"al. jj,�Sjs OF PAN NIFNT/BUD(,EF C 1)1 to he r V01 our SCr\iCCS LM ill 11OL11 baSiS I• the actual IiIIIC C\pcildco'l. (Mhcr direct pplew expenses. such is priniNg. ,ulll)IiCS, J-CpI-OdLlCtiol I . etc \\ill he pilled a1 cost. :11)d ill hc Hod at We current alkwildc IRS rate Q business mi les . of • I�:1`,Cd S c ":s, \\c have C.,6111,11cd (ml cw I�, p rot ect and k )I ` II- SCo Cl '11) our luldclsiandin �7 ()I' thc L ice, tot he $137177. \Wich is a n111-10-C\CCCd MIUC. llicsc Corsi" include ho l tw ir II y l CNPCSCS. Additional SCI . 'CCS 111 'It lll C I C L11IC IC I "ill h e i hood , Illc j an d e\ basis. InvoiceN are subnAued Ijl()lj I'm- \\ork I )CI-jo)rIllCd OlC j)t 11101101. and I 111 CIlt I, d \\ it""' d S P* I I NA 1, FASK optional taSk, \\C ha\c iFICILICod an CStinlate to I the ( ity \\illl Coll SI rucl ion atlllllll lSU'alltlll SCI lo thi 11 as \\ell. ()LIr conStRICtion idillillistratioll scrviCCS \\k)Lll(l he in a, soon LIS collstruclion activiliCs start. WC UndCl that the intend 1() hi\C the in s 2(M)and "clww haSCLI our proposal on that completion date. I Imm cr. poise tinderwUld that the 171k�jcct ,'CIIC(ILIIC and I-q pr(�JCCI PIOLIN„ "ill lie illip'loco.1 1)" i out ol'our C0IItk)L �IICII as e"lliviclior cl) and \\CLIIIICI conditions kii,Ckl �I) Mil k) l' [h pro,)jeCt ConStRICti011 SCIledLIIC and �'C()Iic- \\c ha". cStilllik'd 01.11 coos to pro\i(o Construction adillillistrati()n scl i ccs j() , C\c cc o i `ti IX6.223. IIANA.4 IN 11111" S'COPF, OF SVI�VICVS th'il If the tiCttpC ttr c\1cIl( t)l \wrk cllill"CS. 1110 C "'t \ill he ad \N01 IS initiated, a r"I"C"t lo the " • rl\ an d N\ ill not h \\k i \\C I-CCci\C }r. "-)te\ell ._ }'I()}' NO FIC11" TO PIM \ cop\ ol llll� pn)pos,ll Uf :I >epal letter o1 aUtllltrlf.atloiL either ni]iiIcd or I IWd Io Ulll o!'l Icc. \\ Ill "Cl c :1< oul 11011 cc to procecd. \\ c ;i11ccrel\ Ippl \our con >i&,rltion of this proposal a11J look to \\itll \till oll thk plojccl. Please feel Il - cc to colltact US I� \ltll ha \� all \' lllletilloll� ttr IleeC1 aCIIIIlIOI1a Ildol lllatioll. `�III \', i F,c\ in .lilllic. I'f lames I:. I)\'urak. PI . Senior A\ssociatc \icc Presidcnl h.: l .III i his \itachnlcnts: I usl, I It +ur l3uCi��Ct S1:111Jard SRI killing Rate~ • I )t.'.iun I'CLIll] nild Inspection I care i �,ullplc of similar project: I)uminick Dri\c Reconstruction 1'1_tticct i I is( of 11,11 '-'hects ticheclulc l.i�t .tl Deli\erahles � i I i i L a 111 e - - -- - - -- -- - -- - - -- " — — I I II is -- - -- - -- - - -- -- — - I i IIrU c l+�l iN'l+ /tn�'N1 r� t'llill/ 1l,1' c/ /lt i'rUt/ u/ t JO t /UI'�. `'/0 lv.Ncrve� lire' ! i irI 111 cl+i ;rr�l rI �'+, r c' +Innrllc' ,,/ /L'r' r M t /tn /rmll I /Ic c /cllC tlf Ihi.N i+roilomll • I I l • SRF CONSULTING GROUP, INC. RANGE OF HOURLY BILLING RATES JANUARY 2010 THROUGH DECEMBER 2010 SENIOR PRINCIP $187 PRINCIPAL, $ 148 - $ 185 SENIO ASSOCIATE $ 120 - $ 164 ASSOCIATE $ 103 - $ 148 SENIOR PROFESSIONAL MIS Specialist $ 101 - $ 131 Engineer 79 - $ 122 Landscape Architect $ 77 - $122 Planner $ 77 - $ 122 GRADUATE - Engineer $ 67 $ 99 Hydrologist $ 67 - 99 Landscape Designer $ 59 - $ 99 Planner $ 59 - $ 99 . • TECHNICAL Safety Specialist 103 - $ 148 Engineerinq Specialist $ 90 - $ 114 Right -of -Way Specialist, Senior $ 79 - $ 110 Right -of -Way Specialist $ 67 - $ 93 CADD/Field Technician. Prir+cioai $ 85 - $ 114 CADD/Fieid Technician. Senior 71 - $$ 98 CADD/Field Technician 83 Survey Technician. Principal $ 85 $ 114 Survey Technician, Senior $ 71 - $ 98 Survey/Traffic Technician $ 44 - $ 83 PRODUCTION WEB Desipner. Principal $ 85 - $ 107 Graphics Technician. Prindoal $ 79 - $ 112 Graphics Technician, Senior 1 71 - f 97 Graphics Technician $ 45 - $ B5 Sr. Editor $ 88 - $ 108 Editor $ 71 - $ 97 Administrative Assistant $ 61 - ; 85 Word Processor $ 55 - $ 79 Clerical $ 45 - $ 74 . The Range of Hourly Rates schedule Is "act to Change annually. Direct Project related expenses are blued at actual cost and mleage is baled at a rate not to exceed the current albwable IRS rate tot business miles. City Council Agenda Item No. lOf • 3 City of Brooklyn Center City Council Agenda Item Memorandum TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Services DATE: 5 January 2010 SUBJECT: G.O. Utility Revenue Bonds, Series 2010A Recommendation: It is recommended that the City Council adopt the attached resolution providing for the sale of G.O. Utility Revenue Bonds, Series 2010A to cover the costs of the automated meter reading project. Background: The project to replace all water meters in Brooklyn Center with new meters capable of broadcasting the reading to a portable computer is finished. The final cash cost recorded in the general ledger is $ 2,299,008.44 for engineering, materials, meters with related installation supplies, and installation. In the planning for this project, bonds were anticipated to be sold after completion of the project when all costs were known. After review and verification of the costs and estimates for the costs of selling and processing the bonds, it is recommended that a sale of $ 2,350,000 in bonds be authorized by the City Council. The bonds will be repaid over a 15 year term by the Water Fund (75 %) and Sewer Fund (25 %). The estimated net interest cost on the bonds will be 3.34 %. Proceeds from the bonds would be received on or about March 1, 2010 and be placed in the Water and Sewer Funds to replace the cash used to do the project. Principal and interest payments will be made starting on February 1, 2011 with the final payment to be made on February 1, 2025. These payments have been taken into consideration in cash flow projections and rate increase recommendations for both utility funds. Financial Impact: There are two ways to sell the bonds. One is as a regular, general obligation tax exempt utility revenue issue. The average interest rate on coupons for such a • bond would be about 3.5 %. These bonds would be paid entirely by the ratepayers of the water and sewer utilities. The other is a special, general 1 • obligation taxable utility revenue issue known as a Build America Bond. The average coupon interest rate for these bonds would be a bit higher because the interest is taxable; about 4.3 %. However, because the Build America Bonds (BAB) receive a 35% subsidy on the interest from the Federal Government over the life of the bonds, the net interest drops to an average coupon rate of about 3.2% . In terms of present value, this could save the City about $ 50,000 in interest costs on the bonds. The legislative factors in place when these bonds are sold and closed may have an effect on this opportunity. If the federal program subsidy changes the savings gap may not be favorable. It is proposed that the bonds are bid as both regular tax exempt bonds and taxable BAB bonds to find the lowest net interest cost for the City. The City would then select the bidder AND type of bond (tax exempt or BAB) with the lowest net interest cost. Both Brenda Krueger of Springsted Advisors and I will be present at the January 14 2010 meeting to explain the situation and respond to questions. i 2 • Recommendations For City of Brooklyn Center, Minnesota $2,350,000* Taxable General Obligation Utility Revenue Bonds (Build America Bonds - Direct Pay), Series 2010A • ' Preliminary,• subject to change Presented to: Mayor Tim Willson Members, City Council Mr. Curt Boganey, City Manager Mr. Dan Jordet, Finance Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Study No.: 000201104 . SPRINGSTED Incorporated January 5, 2010 ® Springsted 3 • RECOMMENDATIONS Re: Recommendations for the Issuance of $2,350,000* Taxable General Obligation Utility Revenue Bonds, (Build America Bonds — Direct Pay), Series 2010A (the "Bonds" or the "Issue ") We respectfully request your consideration of our recommendations for the above -named Issue. Proceeds of the Bonds will be used to finance the replacement of residential and commercial water meters within the City. These recommendations contain a provision to receive offers for the Bonds as either tax - exempt obligations or taxable "Build America Bonds." See the "Discussion" section for more information. We recommend the following for the Bonds: 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the offering. 2. Sale Date and Time Monday, February 8, 2010, at 10:30 A.M., with award by the City Council at 7:00 P.M. that same evening. 3. Method of Sale The Bonds will be sold through a competitive bidding • process. In the interest of obtaining as many bids as possible, we have included a provision in the attached Terms of Proposals for underwriters to submit their bid electronically through the electronic bidding platform of PARITY& In addition, physical bids (by phone or fax) will be accepted at the offices of Springsted. A good faith deposit will be required of bidders and may be submitted by (i) certified /cashier's check, (ii) a financial surety bond, or (iii) a wire transfer to Springsted, who will serve as your agent. 4. Authority for the Bonds The Bonds are being issued pursuant to Minnesota Statutes, Chapters 444 and 475. 5. Principal Amount of the Bonds` $2,350,000* *Included in the Terms of Proposal for the Bonds is a i provision that permits the City to increase or reduce the principal amount of the Issue in any of the maturities. This allows for any necessary adjustments required based on final interest rates and issuance costs. • `Preliminary, subject to change. 4 City of Brooklyn Center, Minnesota January 5, 2010 • 6. Repayment Term The Bonds will mature annually February 1, 2011 through 2025. Interest will be payable semi - annually each February 1 and August 1, commencing February 1, 2011. 7. Security and Source of Payment The Bonds will be general obligations of the City, secured by its full faith and credit and taxing power. The Bonds will be repaid with net revenues of the City's water and sanitary sewer utility funds (the "Utility Funds "). 8. Prepayment Provisions The City may elect on February 1, 2020, and on any date thereafter, to prepay the Bonds due on or after February 1, 2021, at a price of par plus accrued interest. 9. Extraordinary Redemption In the event the Bonds are designated and issued as Taxable Qualified Build America Bonds (Direct Pay) and only upon the occurrence of an Extraordinary Event, the City may elect to prepay the Bonds at any time and on any date at a price of par plus accrued • interest. An "Extraordinary Event" will have occurred if a material adverse change has occurred to Section 54AA or 6431 of the Code (as such Sections were added by Section 1531 of the Recovery Act, pertaining to "build America Bonds ") pursuant to which the City's 35% direct payment credit from the United States Treasure is reduced or eliminated. 10. Credit Rating Comments An application will be made to Standard & Poor's Ratings Services for a rating on the Bonds. In the past the City used Moody's Investors Service for ratings on the general obligaiton debt. The City's outstanding general obligation debt is currently rated "Al" by Moody's. 11. Term Bonds We have included a provision that permits the underwriters to combine multiple maturity years into a term bond, subject to mandatory redemption on the same maturity schedule provided in the Terms of Proposal. The advantage to the underwriter is that it provides large blocks of bonds, which are more attractive to bond funds, and certain pension funds. 5 i City of Brooklyn Center, Minnesota January 5, 2010 0 a benefit to the City since selling larger This m turn is y 9 9 blocks of bonds reduces the risk to the underwriter, allowing them to lower their costs and the interest coupons. Since the Bonds are being offered on a competitive bid basis and awarded on the lowest true interest cost, the City will award the Bonds to the best bid regardless of whether term bonds are chosen or not. 12. Federal Treasury Regulations Concerning Tax - Exempt Obligations and Taxable Build America Bonds. (a) Bank Qualification Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, expense that is allocable to carrying and acquiring tax - exempt bonds. There is an exemption to this for "bank qualified" bonds, which can be so designated if the issuer does not issue more than $30 million of tax - exempt bonds in a calendar year. Issues that are bank qualified receive slightly lower interest rates than issues that are not bank qualified. Since the City does not expect to issue more than $30 million in 2010, the Bonds are designated as bank qualified. The American Recovery and Reinvestment Tax Act of 2009 increased the previous bank qualification limit of $10 million to $30 million for tax - exempt bonds issued in 2009 and 2010. The bank qualification designation does not apply if the Bonds are sold as taxable Build America Bonds. (b) Arbitrage Compliance All tax - exempt issues and taxable Build America Bonds are subject to the federal arbitrage and rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. There are exemptions from rebate that may apply in both of these categories. (i) Rebate There is an exemption from rebate for a municipality that issues $5.0 million or less of tax - exempt obligations in a calendar year. Since the City does not 6 City of Brooklyn Center, Minnesota January 5, 2010 • expect to issue more than $5.0 million of tax - exempt obligations in 2010, the City qualifies as a small issuer and is exempt from rebate. Although the Bonds are exempt from rebate, the City must still comply with arbitrage regulations which require yield restriction of proceeds, as detailed below. (ii) Yield Restriction The City must maintain a bona fide debt service fund for the Bonds, or be subject to yield restriction. Yield restriction requires restricting the investment return in the debt service fund to the yield on the Bonds. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with the fund spent down each year to a carry over permitted equal to the greater of the investment earnings in the fund during the prior year or 1/12 the debt service of the prior year. Additionally, all original proceeds of the Bond and interest earnings on those proceeds must be expended within three years, or the remaining proceeds will be subject to yield restriction. The City will make transfers from their Utility Funds to the debt service fund in an amount needed to make the debt service payments when they become due. (c) Economic Life The average life of the Bonds cannot exceed 120% of the economic life of the projects to be financed. The economic life of the projects being financed by the Bonds is at least 20 years. The average life of the Bonds is 8.395 years; therefore the Bonds are within the economic life requirements. (d) Federal Reimbursement Regulations Federal reimbursement regulations require the City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of bond proceeds. It is our understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations in regards to the Bonds. • 13. Continuing Disclosure The Bonds are subject to continuing disclosure requirements set forth by the Securities and Exchange 7 City of Brooklyn Center, Minnesota January 5, 2010 • Commission. The SEC rules require the underwriter of the Bonds to provide an annual update of certain Official Statement information and report any material events to bond holders. The purchaser therefore requires the City to commit to providing such information under a continuing disclosure agreement or "undertaking." If the City does not enter into such an agreement prior to the offering of the debt, underwriters will not offer a bid to purchase the Bonds. Springsted currently provides continuing disclosures services for the City under a separate contract. An amendment to that contract adding this Issue has been provided to City staff. 14. Attachments • Sources and Uses of Funds • Debt Service Schedule • Terms of Proposal DISCUSSION As part of the American Recovery and Reinvestment Act (ARRA) of 2009, municipal issuers such as the City are permitted to issue "Build America Bonds" or "BABs" as an alternative to traditional tax - exempt municipal bonds in order to fund public capital expenditures. Pursuant to discussions with City staff and bond counsel regarding BABs (direct pay) we are recommending that the City permit two alternative options for underwriters to bid on the Bonds. Underwriters may bid the Bonds on a traditional tax - exempt basis or they may bid the Bonds as BABs (direct pay) at taxable rates. The best offer for the City will be based on an analysis that compares the tax - exempt offers to the taxable offers net of the direct pay tax credit. In most cases, bonds that have been offered as both tax - exempt and as BABs, the bids received as BABs have been more favorable. Therefore, for purposes of these Recommendations, we are showing the bond structure and debt service schedule as BABs. Proceeds of the Bonds will be used to finance the replacement of water meters from a self read meter to a radio meter for all residential and commercial properties within the City. The amount of costs of issuance that can be paid from BAB proceeds are limited to 2% of the sale proceeds of the Bonds. Any costs of issuance above the 2% limit would need to be paid from other available sources such as funds on hand. Based on preliminary estimates, the costs of issuance for the Bonds exceed the 2% limit by approximately $15,350. The sources of uses of funds for the Bonds are shown on page 7. The Bonds will be repaid from net revenues of the City's water and sanitary sewer utility funds ( "the Utility Funds "). Pursuant to Minnesota Statutes, Chapter 444 and the resolution awarding the Bonds, the City will covenant to maintain rates in an amount sufficient to generate revenues to support the operation of the Utility Funds and to pay 8 City of Brooklyn Center, Minnesota January 5, 2010 • debt service on the Bonds. The City is required to annually review the budget of the Utility Funds to determine whether current rates and charges are sufficient and to adjust them as necessary. The City has no other outstanding bond issues for which the net revenues of the Utility Funds are pledged. The table below shows the net revenues available for debt service based on 2008 audited financials for fiscal year ending December 31, 2008. The maximum annual debt service payment on the Bonds is projected to be $234,363. Sanitary Sewer 2008 Net Revenues Water Utility Utility Total Operating Revenues $1,967,534 $3,264,115 $5,231,649 Operating Expenses (1,776,028) (3,007,199) (4,783,227) Operating Income 191,506 256,916 448,422 Add Back Depreciation 611,328 553,549 1,164,877 Add Interest Earnings 52,847 71,524 124,371 Net Revenues Available for Debt Service $855,681 $881,989 $1,737,670 Less Maximum Annual Debt Service on the Bonds (234,363) Remaining Capacity for Annual Debt Service $1,503,307 The Bonds have been structured with level annual debt service payments for a term of fifteen years. The debt • service schedule for the Bonds is shown on page 8 with the following information: • Columns 1 through 3 show the annual principal, estimated interest rates, and the projected interest payments given the current market environment. • Column 4 shows the 35% federal credit payment. • Column 5 shows the total projected debt service payment net of the federal credit. • Column 6 shows the 105% overlevy which is required by State statutes and serves as a protection to bondholders and the City in the event of delinquencies. We appreciate the opportunity to again be of service to the City of Brooklyn Center. Respectfully submitted, SPRINGSTED Incorporated CMH akb • Provided to Staff: Continuing Disclosure Contract Amendments 9 $2,350,000 City of Brooklyn Center, Minnesota Taxable General Obligation Utility Revenue Bonds (Build America Bonds - Direct Pay), Series 2010A Sources & Uses Dated 03/01/2010 I Delivered 03/01/2010 Sources Of Funds ParAmount of Bonds ....................................................................................................................... ............................... $2.350,000.00 Additional required Equity contribution ............................................................................................. ............................... 15,350.00 TotalSources ................................................................................................................................. ............................... $2,365,350.00 Uses Of Funds Deposit to Project Construction Fund .........:..................................................................................... ............................... 2,300,000.00 Costsof Issuance ......................................................................................................................... ............................... 23,0.00 Total Underwriter's Discount (1.000%)...., .................................... I ................................................................................. 23,55000.00 RoundingAmount ............................................................................................................................ ........................... -.. 3.000.00 Total ....................................................................................................................................... ............................... $2,365,350.00 i 2010A 60 Utility Rev RA6e S%NQLEPURPOSE / 121301200.9 1 PM Springsted 10 $2,350,000 • City of Brooklyn Center, Minnesota Taxable General Obligation Utility Revenue Bonds (Build America Bonds - Direct Pay), Series 2010A DEBT SERVICE SCHEDULE ( ( ( (4) (5) (6) Date Principal Coupon Interest Federal Credit Total P +I 105% Levy 02/01/2011 140,000.00 2.000% 93,648.96 (32,777.13) 200,871.83 210,915.42 02/01/2012 135,000.00 2.200% 99,362.50 (34,776.86) 199,585.64 209,564.92 02/01/2013 135,000.00 2.450% 96,392.50 (33,737.36) 197,655.14 207,537.90 02/01/2014 140,000.00 3.150% 93,085.00 (32,579.74) 200,505.26 210,530.52 02/01/2015 140,000.00 3.500% 88,675.00 (31,036.24) 197,638.76 207,520.70 02/01/2016 145,000.00 4.100% 83,775.00 (29,321.24) 199,453.76 209,426.45 02/01/2017 150,000.00 4.300% 77,830.00 (27,240.50) 200,589.50 210,618.98 02/01/2018 155,000.00 4.500% 71,380.00 (24,983.00) 201,397.00 211,466.85 02/01/2019 155,000.00 4.700% 64,405.00 (22,541.74) 196,863.26 206,706.42 02/01/2020 160,000.00 5.000% 57,120.00 (19,992.00) 197,128.00 206,984.40 02/01/2021 165,000.00 5.200% 49,120.00 (17,192.00) 196,928.00 206,774.40 02/01/2022 175,000.00 5.400% 40,540.00 (14,189.00) 201,351.00 211,418.55 02/01/2023 180,000.00 5.500% 31,090.00 (10,881.50) 200,208.50 210,218.93 02/01/2024 185,000.00 5.600% 21,190.00 (7,416.50) 198,773.50 208,712.18 02/01/2025 190,000.00 5.700% 10,830.00 (3,790.50) 197,039.50 206,891.48 Total $2,350,000.00 - $978,443.96 (342,455.31) $2,985,988.65 $3,135,288.08 SIGNIFICANT DATES . Dated ................................................................................................................................................ ............................... 3/01/2010 DeliveryDate .................................................................................................................................... ............................... 3/01/2010 FirstCoupon Date ....................................................................................................... ............................... ...................... 2 /01/2011 Yield Statistics BondYear Dollars ............................................................................................................................. ............................... $19,729.17 AverageLife ...................................................................................................................................... ............................... 8.395 Years AverageCoupon ............................................................................................................................... ............................... 3.2235961% NetInterest Cost ( NIC) ...................................................................................................................... ............................... 3.3427091% TrueInterest Cost ( TIC) .................................................................................................................... ............................... 3.3331429% Bond Yield for Arbitrage Purposes .................................................................................................... ............................... 3.1923288% All Inclusive Cost ( AIC) ..................................................................................................................... ............................... 3.5704327% IRS Form 8038 NetInterest Cost ............................................................................................................................... ............................... 3.2235961% WeightedAverage Maturity ............................................................................................................... ............................... 8.395 Years Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriter's discount bid may also vary. • 2010A CO Utility Rev RA& / SYNULCPURPOSE / 12/.40/7009 / 1:58 PM , pringsted 11 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $2,350,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2010A A. WHEREAS, the City Council of the City of Brooklyn Center, Minnesota, has heretofore determined that it is necessary and expedient to issue its $2,350,000 General Obligation Utility Revenue Bonds, Series 2010A (the 'Bonds ") to finance the replacement of residential and commercial water meters within the City; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ( "Springsted "), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center Minnesota as follows: Y > 1. Authorization; Findings. The City Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bonds. 2. Meeting; Bid Opening. This City Council shall meet at the time and place • specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The Manager or his designee, shall open bids at the time and place specified in such Terms of Proposal. 3. Terms of Prop_ osal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the Manager and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. January 11, 2010 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. . EXHIBIT A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,350,000` CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2010A (BOOK ENTRY ONLY) The City of Brooklyn Center, Minnesota is requesting proposals for the above -named Issue optionally as conventional tax- exempt general obligations (the "Tax- Exempt Bonds ") or as taxable general obligations which the City will elect to designate "Qualified Build America Bonds (Direct Pay)" (the "Taxable Bonds "). Proposals for the Bonds and the Good Faith Deposit ( "Deposit ") will be received on Monday, February 8, 2010, until 10:30 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223 3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 3000 or fax (651) 223 3046 for inclusion in the submitted Proposal. OR (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY& For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the official time with respect to all Bids submitted to PARITY®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY® shall have • Preliminary; subject to change A -1 2442944v1 any duty or obligation to undertake registration to bid for any prospective bidder or to provide or • ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY®. The City is using the services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY®, this Terms of Proposal shall control. Further information about PARITY®, including any fee charged, may be obtained from: PARITY ®, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849 -5000 DETAILS OF THE BONDS The Bonds will be dated March 8, 2010, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2011. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts* as follows: • 2011 $140,000 2014 $140,000 2017 $150,000 2020 $160,000 2023 $180,000 2012 $135,000 2015 $140,000 2018 $155,000 2021 $165,000 2024 $185,000 2013 $135,000 2016 $145,000 2019 $155,000 2022 $175,000 2025 $190,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds or the maturity amounts offered for sale. Any such increase or reduction will be made in multiples of $S, 000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption and must conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be • registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual A -2 2442944v1 purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a 'condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2020, and on any day thereafter, to prepay Bonds due on or after February 1, 2021. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. • EXTRAORDINARY REDEMPTION In the event the Bonds are designated and issued as Taxable Qualified Build America Bonds (Direct Pay), the Bonds are subject to extraordinary redemption at the direction of the City if the IRS determines, or is expected by the City to determine, either prospectively or otherwise, that Direct Payments are not payable with respect to the Bonds, or there is a change in law eliminating or decreasing Direct Payments with respect to the Bonds. The redemption shall be at a price of par plus accrued interest, and the redemption date shall be a date designated by the City for which timely notice of redemption can be given. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge net revenues of the City's water and sewer utilities. The proceeds will be used to finance the replacement of residential and commercial water meters within the City. BIDDING PARAMETERS Bidders may provide proposals for the Bonds specifying interest rates for the Bonds if issued as Tax- Exempt Bonds, or alternatively, specifying interest rates for the Bonds if issued as Taxable Bonds. Each bidder is encouraged, but not required, to submit proposals for both Tax- Exempt • Bonds and Taxable Bonds. To comply with the `Build America Bond" provisions of the Internal Revenue Code of 1986, as amended (the "Code "), each proposal for the Taxable Bonds must A -3 2442944v1 specify the expected reoffering rice for each maturity of the Bonds, and (i) each such reoffering p Y P gp . price cannot exceed the par amount of the maturity by more than .25% multiplied by the n umber of complete years to the earlier of the maturity date or the first optional redemption date for the maturity of the Bonds and (ii) in the initial offering no bond may be sold for a price in excess of such limit unless the IRS provides authoritative guidance to the contrary. Separate proposal forms and Parity provisions have been provided for submitting proposals for the Bonds if to be designated Tax- Exempt Bonds or designated Taxable Bonds. If the Bonds are issued as Taxable Bonds, the Bonds will be titled "Taxable General Obligation Utility Revenue Bonds, Series 2010A (Build America Bonds — Direct Pay) ". Proposals for the Tax - Exempt Bonds shall be for not less than $2,326,500 (the Minimum Bid") the total principal amount of the Bonds. Proposals for the Taxable Bonds and accrued interest on p p p shall be for not less than the Minimum Bid or for not more than a de minimis premium, as described below. Maximum Maximum Maximum Maximum Permitted Permitted Permitted Permitted Year Price Year Price Year Price Year Price 2011 $100.00 2015 $101.00 2019 $102.00 2023 $102.25 2012 100.25 2016 101.25 2020 102.25 2024 102.25 2013 100.50 2017 101.50 2021 102.25 2025 102.25 • 2014 100.75 2018 101.75 2022 102.25 No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of I%. Rates are not required to be in level or ascending order; however, the rate for any maturity cannot be more than 1% lower than the highest rate of any of the preceding maturities. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT Proposals, regardless of method of submission, shall be accompanied by a Deposit in the amount of $23,500, in the form of a certified or cashier's check, a wire transfer, or Financial Surety Bond and delivered to Springsted Incorporated prior to the time proposals will be opened. Each bidder shall be solely responsible for the timely delivery of their Deposit whether by check, wire transfer or Financial Surety Bond. Neither the City nor Springsted Incorporated have any liability for delays in the transmission of the Deposit. Any p Y Deposit made b certified or cashier's check should be made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101. Any Deposit sent via wire transfer should be sent to Springsted Incorporated as the City's agent S according to the following instructions: A -4 24429441 • Wells Fargo Bank, N.A., San Francisco, CA 94104 ABA #121000248 For credit to Springsted Incorporated, Account #635 - 5007954 Contemporaneously with such wire transfer, the bidder shall send an e -mail to bond _services @springsted.com, including the following information; (i) indication that a wire transfer has been made, (ii) the amount of the wire transfer, (iii) the issue to which it applies, and (iv) the return wire instructions if such bidder is not awarded the Bonds. Any Deposit made by the successful bidder by check or wire transfer will be delivered to the City following the award of the Bonds. Any Deposit made by check or wire transfer by an unsuccessful bidder will be returned to such bidder following City action relative to an award of the Bonds. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota and pre- approved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that underwriter is required to submit its Deposit to the City in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. • The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Bonds will be awarded to the bidder offering the lowest interest rate to be determined on a true interest cost (TIC) basis, treating the credit available to the City if the Bonds are issued as Taxable Bonds constituting "Qualified Build America Bonds" as a reduction in each interest payment. No proposal for the Taxable Bonds may require reoffering premiums in excess of the maximums set for the Taxable Bonds issued as "Qualified Build America Bonds." The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment • therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the A -5 24429441 . Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT On or about March 8, 2010, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. • On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223 3000. . The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other A -6 2442944v1 information required by law, shall constitute a "Final Official Statement" of the City with respect • to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 95 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated January 11, 2010 BY ORDER OF THE CITY COUNCIL /s/ Sharon Knutson Clerk A -7 2442944v1 • City Council Agenda Item No. log COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager . FROM: Sharon Knutson, City Clerk ~*W DATE: January 4, 2010 SUBJECT: Mayoral Appointment — Financial Commission Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of Dan Schueller to the Financial Commission. Background: The Financial Commission is composed of a chairperson and six members. There are three vacancies on the commission. Notice of vacancy on the Commission was posted at City Hall and Community Center and on the City's web site and aired on Cable Channel 16 since May 2008 and remains posted. Several announcements have been made in the Brooklyn Center Sun -Post. Announcement was also made in the Winter 2010 Edition 169 of City Watch. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were . also sent to current advisory commission members. A copy of the application received was forwarded to City Council Members on December 31, 2009. Attached for City Council Members only is a copy of the application received: Dan Schueller 5937 Emerson Ave N A letter was sent to the applicant notifying him that his application for appointment would be considered at the January 11, 2010, City Council meeting. Budget Issues: There are no budget issues to consider. • City of Brooklyn Center A Millennium Community Volunteer Opportunity Brooklyn Center Financial Commission The Brooklyn Center Financial Commission is seeking members to fill vacancies. The member position is voluntary. To qualify for membership, you must be a Brooklyn Center resident while serving on the Commission and have an interest in the financial operations of the City. The general purpose of the Commission is to act in an advisory capacity Y ca aci to the City Council on issues related to finance. The Financial Commission meets at City Hall as needed, as well as in joint session with the City Council during the budget planning process. Interested persons can obtain an application at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, or visit the City's web site at www.citvofbrooklvncenter.orR, or call City Clerk Sharon Knutson at 763 -569 -3306. Final appointment will be made by the Mayor and City Council. • 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 C Financial ' au' oo 9ov�lnf2 Home— Brooklyn Center Financial Commission City (�co�c�--��oano�u]�\uzooi� --=- /Council / ���� � ~~'~ �s�oa/oho�e ����N��m�����*m Opportunity City Code of Ordinances The Brooklyn Center Financial Commission is seeking members to @| vacancies. The member position io voluntary. To qualify for membership, must beo Brooklyn Center resident while serving on the Commission and have an interest in the financial operations of the City. The m*s/aenma general purpose of the Commission is to ac, in an advisory capacity to the City Council on \uouex related 0u finance and the ongoing need to formulate priorities and mapnnueo to Just For vouth continuing limited fiscal resources. The Financial Commission meets at City Hall as needed, as well as in joint session with the City Council during the budget planning process. if you would Community/News like to help your City government with financial issues, this is the commission for you. Interested persons can obtain an application packet oofollows: Departments/City Services ° stop by Brooklyn Center City HaU, 6301 Shingle Creek Parkwuy, Brooklyn Centor, MN 55430; Recreation ° e-mail the CbvClerk; ° call the City Clerk at703'5OQ'83O8;or Community Center ° download the application ag the Advisory Commissions web site � � The Mayor and City Council will make final appointment. Parks and Trails Click here to find OUt more information about the Financial Commission and the. Cenm,mu,onx Golf Course enab|ing resolution out|ining its duties and nesponsibi|ibao. Earle Brown Days Festival Earle Brown Heritage Conov, Cultural Diversity Government Links � Site Map In Mayor / Council / Commissions / Charter: Contact Council Members Council Meet Schedule Council Agenda & Minutes Watch Ci Council Meetings Live mrOn Demand About the City Council hthp://pvvvv.citvnfbro orter. ' .uap?7vno=B_EV&SEC=/530g0F5l-ACAl 01/06/2010 In the Community, With the Community, For the Community www.mnSun.com- Thursday, Dec. 31, 2 ,COMMUNITY BRIEF Voluneers sought for al purpose of the Co is to act in an advisory capacity to the City Council on commission openings moues related to finance, i i weR asionmeets City SSE YOUR GOOD NEI Brooklyn Center has several commis- Hall ll a as s needed, as as well as in joint session on sion openings available to residents for with the City Council during the budget Call 952 - 392 -6800 or download a form. Go to v application. All the co openings p lanning process. The position is open until are voluntary and the mayor and city coun- it is filled. scroll down to "Sun Announcement Porn cil will make the final appointment. ` ' able Commission Interested persons can obtain an applica tion at Brooklyn Center City Hall, 6301 The city looking for a Brooklyn Center L Shingle Creek Parkway, Brooklyn Center, resident who has an interest in cable corn visit wwwcityofbrooklyncenterorg or call mumcations and would be willing to'serve r: ..,,, _ an 10 1 u 20 City Clerk Sharon Knutson at 763 - 569 -3300. as a municipal representative to the I J azY Northwest Suburbs' Cable Cloud, MN. on Housing ommission S hane, s g Communications Commission. Diane Kosloske The general purpose of the Housing The Northwest Suburbs Cable is a graduate of Commission is to act in an advisory capac- Communications Co is a munici state Universil ity to the City Council on issues related to pal joint - powers co formed to cre- Architecture pry Tana, dau h housing• ate a cable television service territory Rochelle Van( The Housing Commission generally large enough to support a state-of-the-art meets at 7 Am. on the third Tuesday of cable televisions Cloud will r system. The CO is December from each month. Application deadline is comprised of and serves the nine suburbs State University Wednesday, Jan. 28, 2010. of Brooklyn Center Park Ho Bro okl y n in Hos itali Management W Financial Commission Q- ystal, Golden Valley, Maple Grove, New The couple i Hope, Osseo, Plymouth, and Robbinsdale home in West To qualify for membership on the Co members are appointed Dakota. Financial Commission, you must be a for a one -year term by their respective City Brooklyn Center resident while serving on Council. Meetings are held the third KOSLOSKE — VANDEGRU mmiss and have an interest in the Thursday of the month at T30 am. at 6900 Vandegrift an Shane Shane Kos and Tana unce their SEcial operations of the city The gener- Winnetka Avenue North in Brooklyn Park. engagement and upcoming % ® Misit or Web Jan 16 2 L J �' ' .; January 28, 2 DESIGN /REMODELING �: < _,; ;� February 11, a February 20, March 11, 20 We'll get you pumped up to remodel your March 25, 20 kitchen or bathroom. Join us at one of our FREE seminars. #`' =;p. j Spaces are limit • Learn about the latest ki. With convenient locations and multiple •The tree levels of remode dates to choose from; you'll likely find • Setting a timeframe for 1 something that works perfectly for you. • How to live ve through a r CALL NOW! 763 - 210 -3100 i Setting a realistic budget • How to get the most fron regardless of the project Knowledge is Power. Get some at our Fore Lic. 20345607 http: //TwinCities.Casc City Council Agenda Item No. lOh COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk J6� * DATE: January 6, 2010 SUBJECT: An Ordinance Relating to Tobacco Related Products; Amending City Code Sections 23 -107 and 23 -108 and Adding New Section 23 -109 Recommendation: n of An Ordinance ed that the City Council consider approval of first reading It is recommend y pp Relating to Tobacco Related Products; Amending City Code Sections 23 -107 and 23 -108 and Adding New Section 23 -109 and set second reading and Public Hearing for February 8, 2010. Background: City Attorney Charlie LeFevere has advised that the City's code provisions on tobacco sales are out of date. He has drafted an amendment to the Code to reflect State Law regarding administrative penalties. Attached is an amendment to the code to bring it into compliance. • Budget Issues: There are no budget issues to consider. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 2010 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to tobacco related products; amending City Code Sections 23 -107 and 23 -108 and adding new Section 23 -109. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO TOBACCO RELATED PRODUCTS; AMENDING CITY CODE SECTIONS 23 -107 AND 23 -108 AND ADDING NEW SECTION 23 -109 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 23 -107 of the City Code of Ordinances of the City of Brooklyn Center is hereby amended to read: Section 23 -107. NOTICE AND HEARING p VOC A-rrn,.r No penalty, suspension, or revocation shall take effect until the licensee or individual has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before the City Manager or City Manager's designee. A decision that a violation has occurred shall be in writing. � Section 2. Section 23 -108 of the City Code of Ordinances of the City of Brooklyn Center is hereby amended to read: Section 23 -108. PENALTY. Administrative Penalties: Licensees. If a licensee or em plovee of a licensee sells tobacco to a person under the as_ a of 18 years, or violates any other provision of Sections 23 -101 through 23 -109, the licensee shall be charged an administrative penalty of $100. An administrative penalty of $200 shall be imposed for a second violation at the same location within 24 months after the in4ia.] violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of $250 shall be imposed, and the licensee's authority to sell tobacco at that location shall be suspended for not less than seven days. Administrative Penalties: Individuals. An individual who sells tobacco to a p erson under the age of 18 years shall be charged an administrative penalty of $50. Nothing in this section prohibits the City from imposing additional penalties based upon the circumstances of the violation and the history of violations at the same location. In addition to ORDINANCE NO. the applicable administrative penalties, Aany person who shaU violates any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Section 3. The City Code of Ordinances of the City of Brooklyn Center are amended by adding new Section 23 -109 as follows: Section 23 -109. COMPLIANCE CHECKS. The Citv will conduct unannounced compliance checks at least once each calendar vear at each location where tobacco is sold to test compliance with Sections 23 -101 throup-h 23 -109. Section 4. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2010. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Str-i1Eeeut indicates matter to be deleted, underline indicates new matter.) I AGENDA CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION • January 11, 2010 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. CGI Video on City Website — Vickie 2. Administrative Fines Update — Vickie 3. Rental Licensing Criteria Update — Vickie 4. TIF Districts Update — Gary /Dan PENDING LIST FOR FUTURE WORK SESSIONS, January 25 1. Gateway Commons- Revoked Rental License 2. Local Government Aid Policy 3. Group Home Report 4. Community Gardens • 5. Meetings with Commissions 6. Brookdale Mall Update 7. Hennepin County Active Living Program Presentation Later /Ongoing 1. Sister City Update — Curt 2. Strategic Plan Goals — Outcomes Success Measures 3. 57th and Logan Update 4. Strategic Outcome Reports 5. Department Year End Reports 6. Legislative Update a. Prosecutor Services 7. Community Schools Update 8. Ordinance Amendments — Farmers Market 9. 2011 Brooklyn Center Celebration Update 10. Crime Free Housing Update 11. Random Acts of Kindness — Mayor Willson 12. Neighborhood Designations 13. Junk and Inoperable Vehicles Update — Back Yard Parking 14. Minn. Stat. 273.128 4d Rental Properties — Annual Report 15. Visit Minneapolis North Update 16. 6101 Beard -6037 Brooklyn Blvd Update- May • 17. Joslyn/City Property Remediation Update 18. Prosecutor's Contract • Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: January 11, 2010 TO: Curt Boganey, City Manager FROM: Vickie Schleuning,ks City Manager/Director of Building & Community Standards SUBJECT: CGI Community Video Showcase Program COUNCIL ACTION REQUIRED Staff is seeking input from the Council regarding an opportunity to add a Community Video Tour Book to the City website through CGI Communications. BACKGROUND As part of an ongoing initiative to enhance city communications, staff has been in communication with CGI Communications (CGI) regarding the use of their services to place a video tour book of the community on the City website homepage. A Community Video Tour Book is comprised of short videos highlighting certain aspects of the community. The National League of Cities has partnered with CGI in order to provide this opportunity for cities across the nation at no charge. The costs of the program setup are paid for by business advertisements that are located on the outside face of the Video Tour Book. A City could choose to purchase additional features or additional videos. A summary of the basic Community Video Showcase Program from CGI is attached. Although CGI develops the films, develops and maintains the video, a significant amount of staff time will be required to coordinate this project. The contract proposed by CGI is three years in order to ensure their costs are recuperated. The City Attorney and staff have concerns about some aspects of the contract and program. Therefore, staff would like input from the City Council before proceeding in the review process (negotiations, acceptance or denial) of this program. A couple of cities Community Video Tour Books may be viewed at httn: / /www.cityofeaslev.com/ and httD: / /www.ci.crvstal.mn.us /. Please go to the Video Tour Book image and then click on the links. COUNCIL POLICY ISSUES 1. Do you like the look and feel of the Community Video Tour Book on the webpage? Would it add value to the website? • 2. Is it appropriate for the City to have advertisements on its website or a link directly from the city's website? 3. Are there concerns about CGI using the City's name in connection with selling advertisements for the program? • 4. According to the proposed contract, the city must stipulate which businesses are not appropriate or potentially offensive (such as adult book stores, etc.) to advertise on a city site as part of the original contract. What are the public relations implications if a problem property ends up advertising on the City website? 5. Would better opportunities for this type of communication be feasible in the future? 6. If you feel the Video Tour Book would be a positive addition to the website at this time, what do you feel are the best features to highlight for the community? Should we target a particular customer segment- Residents, businesses, visitors, potential homebuyers, other? Attachments Summary of Community Video Showcase Program from CGI Communications • ATTACHMENT- Summary of Community Video Showcase Program Y Jri4.M lye o a Summary of Community Video Showcase Program CGI Communications, Inc. has entered into a partnership with the National League of Cities to launch the technology that CGI has developed for Streaming Video applications on the intemet. As a result of this partnership, the City of Brooklyn Center has been presented with the opportunity to receive a fully produced, NO COST Community Video Showcase program to be placed on your City's website. Our Streaming Video Tour Book is an invaluable tool for the City of Brooklyn Center to enhance its website by adding a video welcome message, and to showcase your community in a powerful, new and innovative way. We will come to your location with our film crew to videotape the necessary footage to fully produce the Welcome video PLUS 5 additional community highlight videos on topics such as relocation, business and industry, education, etc. The program will be customized to showcase the best of what Brooklyn Center has to offer to residents, visitors, and your business community. Also with the click of a button you will be able to send your whole video interface to anyone in the world with an email address. The video's will not come in as an attachment or a download, they will automatically buffer and play for the end user. Whether it be a recruiter, site locator, future resident, or visitor you will now have a • powerful and cutting edge way to answer all questions about your community! In addition the City of Brooklyn Center will be able to track video viewership on their website though our SmartTrack"m technology. Our innovative tracking technology will show you not only which video has been viewed and when, but also what community it was viewed from, allowing the City to further tailor their website to meet the individual needs of the end user. To view an example of our Video Tour Book, please click here: htti)://www.citvofeaslev.com/ www.chatham - kent.ca In addition to the videos we will produce for and about your community, we will also provide your local business community with the opportunity to utilize our technology by having their own video produced for them if they so choose thus providing them with a cutting edge way to showcase and promote themselves! It is solely CGI's responsibility to offer your local businesses an opportunity for participation. The City bears no liability whatsoever. The addition of this Video Tour Book will truly make your City's website the focal point on the Internet for information about Brooklyn Center. Whether you are actively promoting tourism, recruiting businesses for economic development, or simply looking for ways to provide the public with additional information about your community, this is a progressive opportunity to assist you with achieving your marketing objectives. With no financial investment from City funds, we've eliminated the need for lengthy budget meetings and approval processes, therefore allowing us to begin production immediately! Thank you for taking the time to review our proposed program for the City of Brooklyn Center. We look forward to working with you! eb— Nicole Rongo Marketing Manager 800.398.3029 x 203 nicoler@cgicommunications.com • Work Session Agenda Item No. 2 �i • MEMORANDUM - COUNCIL WORK SESSION DATE: January 11, 2010 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, City Manager/Director of Building & Community Standards SUBJECT: An Ordinance Relating to Administrative Penalty System; Adding a New Section to the Brooklyn Center City Code COUNCIL ACTION REQUIRED Staff is seeking feedback from the Brooklyn Center City Council regarding the development of an ordinance relating to an administrative fine and penalty system. BACKGROUND Because of the full agenda for the December 14, 2009 City Council Meeting, the City Council deferred discussion of the administrative penalty system. To facilitate the process, staff met with the Housing Commission as scheduled on December 15, 2009 to • obtain feedback about the proposed administrative penalty system. As a result, the original draft administrative penalty ordinance has been replaced in this Memorandum with an updated draft ordinance. Please note that the three changes are indicated by underlines and strikeouts (excludes numbering and definitions). COUNCIL POLICY ISSUES An administrative penalty system will provide options to help gain compliance and improve enforcement system efficiencies. The administrative penalty system will be used as an enforcement tool in our goal to stabilize neighborhoods. Attachments: December 14, 2009 Council Work Session Memorandum with City Comparison (Original Draft Ordinance Not Included) Updated Administrative Penalty Systems and Draft Ordinance Indicating Changes Page 1 of 11 MEMORANDUM - COUNCIL WORK SESSION • DATE: December 14, 2009 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager/Director of Building & Community Standards SUBJECT: An Ordinance Relating to Administrative Penalty System; Adding a New Section to the Brooklyn Center City Code COUNCIL ACTION REQUIRED Staff is seeking feedback from the Brooklyn Center City Council regarding the development of an ordinance relating to an administrative fine and penalty system. BACKGROUND In the November 2008 general election, voters approved a referendum amending the City Charter. The Charter amendment requires the city to establish an administrative penalty system, which requires an ordinance be adopted. A draft ordinance is presented that prescribes procedures for imposing administrative penalties and establishes the process • for collecting such penalties. The administrative penalty system would provide an alternative for staff and citizens to use in lieu of the criminal enforcement system for certain types of city code violations. A copy of a draft ordinance is attached for review and discussion purposes. After input from the Council, Housing Commission and other interested parties, staff will work with the City Attorney's Office regarding legal content and format. Need for Additional Corrective Tools Staff is in the process of reviewing current ordinances, enforcement tools and processes. With the increased concerns about neighborhood livability issues and property codes, the need for additional and creative corrective tools has increased. The majority of enforcement is achieved through the Hennepin County Criminal Court system, which is oversaturated with a variety of other crimes that may be considered by judges as more important. Other considerations for the criminal court system is the amount of time required to process code violations, the costs of criminal prosecution, and the citizen dissatisfaction often associated with the length of time to achieve compliance. Ouick Glance at the Process for fines An administrative citation is a civil penalty that is issued by the city for violating a city ordinance. If a person is issued an Administrative Citation, the person will have the opportunity to appeal the citation to a hearing officer within 10 days of the fine being issued. If the violation is not corrected, additional citations can be issued with an additional fine amount each occurrence. Another option is to have a continuing violation citation, which requires the person cited to attend a hearing. The fine structure and Page 2 of 11 amounts will be presented in a resolution to the City Council for adoption as part of the process for establishing the administrative penalty program. An administrative hearing is held at City Hall and the citation case is heard by a hearing officer, which is a neutral person contracted by the City, and meeting established criteria. Typically, other cities use attorneys as their hearing officers. The hearing officer must determine if the alleged violation was in fact a violation of the ordinance. The hearing officer may impose, dismiss, reduce, or stay the citation. If the person does not appeal the fine or loses the appeal, the fine amount must be paid to the city. If fines are not paid, they may be specially assessed to a property, if the violation occurred on the property and the property owner was a responsible party. The city would still have the option to proceed criminally or use other corrective methods, or use other collection methods. Uses An administrative penalty system would be used for neighborhood, property and nuisance issues under the purview of the city. In general, it may not be used for violations that are under the purview of the State of Minnesota. An administrative penalty system is another option to use, where appropriate, to gain compliance and address livability issues. Minimum Process Reauired In Order to Establish an Administrative Penalty Svstem • • Internal staff meetings to review options and development, pre - design and throughout process. • Input obtained from City Council, Housing Commission, and other interested parties. • Staff work with City Attorney's Office for fmal ordinance content and format. • Proposed administrative penalty ordinance brought forth to the City Council for review and approval. Typical ordinance adoption requirements apply. • Fee structure and amounts brought forth to the City Council for consideration and approval in resolution format. • Program documents, manuals, processes and procedures created and established in accordance with the adopted ordinance. • Internal and external training conducted. • Administrative penalty system rolled out to public. COUNCIL POLICY ISSUES An administrative penalty system will provide options to help gain compliance and improve enforcement system efficiencies. The use of the administrative enforcement system will be used as an enforcement tool in our goal to stabilize neighborhoods. Attachments: City Comparison of Administrative Penalty Systems • Draft Ordinance Page 3 of 11 ATTACHMENT I — City Comparison of Administrative Penalty Systems- Updated 01 -11 -10 The following chart includes some examples of how other cities use an administrative penalty system. Please not that allowable uses, fine amounts, and process may vary due to State laws. Brooklyn Hermosa Bloomingt Center Brooklyn Coon Beach, Westminster on (Proposed) Park Rapids CA Minnetonka , CO Submit Must Submit request in submit request in writing with city form writing with $10 -5 and full $35 fee. refundable payment Then get Appeal to a fee. Appeal Appeal to a of fine Appeal to a approval for Hearing to a Hearing Hearing Appeal to amount to Hearing the appeal by Appeals Officer by Officer by Officer by Board of request Officer by appeals Process request request request Appeals appeal request board. Prevents Prevents Prevents Prevents Prevents additional additional additional Results in Results in additional additional Correcting increased increase increased dismissal dismissal increased increased violation citations citations citations of fine of fine citations citations • Must send Must send Notice notice Must send Notice notice prior required per No notice No notice prior to a No notice notice prior Required to a citation policv required required citation required to a citation Ranges 1st -$150, Fine from $100- To Be $55,$200, Ranges from 2nd -$500, Amounts $1000 Determined or $500 $300 $100 $50 -$300 3rd -$999 j Nuisance. property code, animal. False maybe alarms, Licenses, certain licenses, Animals, Animals, parking and code Alarms, Health, traffic. and enforcemen Nuisance smoking, Animals, Nuisance, similar city t, Health, violations zoning, Health, Nuisances, Building, code rental and nuisances, Nuisance, Code Use Fire, Trees violat inspection Licensing health Building Violations Page 4of11 ATTACHMENT II — Replaced with Updated Draft Ordinance for 01 -11 -10 Council Work Session Please Note: The specific chapter number has been added for convenience purposes for discussion the draft ordinance. Therefore, the number and placement with the city code of ordinances may change. Changes from 12 -14 -09 draft indicated by Underlined for new material, Stfieken for deleted material. CHAPTER 18 -200: ADMINISTRATIVE PENALTIES 18 -201 Purpose 18 -202 Administrative citations and civil penalties 18 -203 Definitions 18 -204 Administrative offenses; schedule of fines and fees 18 -205 Administrative citation • 18 -206 Administrative hearing 18 -207 Administrative review 18 -208 Judicial review 18 -209 Recovery of civil penalties 18 -210 Criminal penalties 18 -211 Applicable laws § 18 -201 PURPOSE. The City Council finds that there is a need for alternative methods of enforcing the city code. The criminal process is not always the most effective or efficient option for addressing city code violations. Accordingly, the City Council finds that the use of administrative citations and the imposition of civil penalties is a legitimate alternative method of enforcement for certain types of city code violations. This method of enforcement is in addition to any other legal remedy which may be pursued for city code violations. . § 18 -202 ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES. Page 5 of 11 • This chapter governs administrative citations and civil penalties for violations of the city code. § 18 -203 DEFINITIONS Responsible Person — means an owner, occupant, entity or person acting as an agent for the owner who has direct or indirect control or authority over the building or real property upon which the building is located; and any party having a legal or equitable interest in the property. Responsible person may include, but is not limited to, an owner, tenant, guest, realtor, service provider, mortgagor, leasing agent, management company or similar person or entity. Citv Manaeer — Means the City Manager or designated agent. § 18 -204 ADNIINISTRATIVE OFFENSES; SCHEDULE OF FINES AND FEES. (A) A violation of any provision of the city code is an administrative offense, which may be subject to an administrative citation and civil penalties pursuant to this subchapter. Each day a violation exists constitutes, a separate offense. (B) An administrative offense may be subject to a civil penalty not exceeding $2,000. • (C) The City Council must adopt by resolution a schedule of recommended fines and fees for offenses initiated by administration citation. (D) The City Council may adopt a schedule of fees to be paid to administrative hearing officers. (E) The City Manager must adopt written procedures for administering the administrative citation program. § 18 -205 ADMINISTRATIVE CITATION. (A) A person authorized to enforce provisions of the city code may issue an administrative citation upon belief that a code violation has occurred. The citation must be issued in person or by first class mail to the responsible person for the violation or posted at the property or attached to the motor vehicle in the case of a vehicular offense. The citation must state the date, time, and nature of the offense, the identity of the person issuing the citation, the amount of the scheduled fine, and the manner for paying the fine or appealing the citation. (B) The persons receiving the fine must either pay the scheduled fine or request a hearing within ten (10) days after issuance of the citation. Payment of the fine constitutes . admission of the violation. A late payment fee per the scheduled amount will be imposed in accordance with § 18 -210 Page 6of11 . 18 -206 REQUEST FOR A HEARING /APPEAL (A) A person served with an administrative citation may file a notice of appeal in person or postmarked within ten (10) calendar days from the date of the administrative citation. Failure to comply with such time limit shall be deemed to waive the right to a hearing. (B) The notice of appeal shall be made in writing, filed with the City department identified on the administrative citation, and contain the following information: (1) The reasons the appellant believes the administrative citation is objectionable to and that a violation did not exist. (2) The name, address and telephone number, of the appellant. (3) The name, address and telephone number of any person in addition to the appellant that will be attending the hearing. (4)The signature of the appellant. (C) A processing fee of $35 shall be paid by cash, check or certified funds simultaneously with the filing of the notice of appeal. The processing fee is not • refundable except as provided in the hearing officer's decision. § 18 -207 ADMINISTRATIVE HEARING. (A) The City Manager must periodically approve a list of persons, from which the City Manager or designated agent will randomly select a hearing officer to hear and determine a matter for which a hearing is requested. A person who has been issued a citation has the right to request, no later than five days before the date of the hearing, that the assigned hearing officer be removed from the case. One such request for each case will be granted automatically by the City Manager or designated agent. A subsequent request must be directed to the City Manager who will decide whether the alternate hearing officer can fairly and objectively review the case. If such a finding is made, the officer must remove that officer from the case, and the City Manager or designated agent must assign another hearing officer. The hearing officer is not a judicial officer but is a public officer as defined by M.S. § 609.415. The hearing officer must not be an employee of the city. The City Manager or designated agent must establish a procedure for evaluating the competency and neutrality of the hearing officers, including comments from citizens and city staff. (B) Upon the hearing officer's own initiative or upon written request of an interested party demonstrating the need, the officer may arrange for issuance of a subpoena for the attendance of a witness or the production of books, papers, records or other documents that are material to the matter being heard. The party requesting the subpoena is responsible for serving the subpoena in the manner provided for civil actions Page 7 of 11 • and for paying the fees and expenses of any witness. A person served with a subpoena may file an objection with the hearing officer promptly but no later than the time specified in the subpoena for compliance. The officer may cancel or modify the subpoena if it is unreasonable or oppressive. A person who, without just cause, fails or refuses to attend and testify or to produce the required documents in obedience to a subpoena is guilty of a misdemeanor. Alternatively, the party requesting the subpoena may seek an order from district court directing compliance. (C) Notice of the hearing must be served in person or by mail on the person responsible for the violation at least ten (10) days in advance, unless a shorter time is accepted by all parties. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence do not apply. The hearing officer must record the hearing and receive testimony and exhibits. The officer must receive and give weight to evidence, including reliable hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. (D) The hearing officer has the authority to determine that a violation occurred, to dismiss a citation, to impose the scheduled fine, and to, reduce, stay all or part of the scheduled fine either unconditionally,or upon compliance with appropriate conditions. When imposing a penalty for a violation, the hearing officer may consider any or all of the following factors: (1) The duration of the violation; (2) The frequency or recurrence of the violation; 3 The seriousness of the violation; (4) The history of the violation; (5) The violator's conduct after issuance of the notice of hearing; (6) The good faith effort by the violator to comply; (7) The economic impact of the penalty on the violator; (8) The impact of the violation upon the community; and An other factors appropriate to a just result. ( ) Y J (E) The hearing officer may exercise discretion to impose a fine for more than one day of a continuing violation, but only upon a finding that the violation caused a serious threat of harm to the public health, safety, or welfare or that the accused intentionally and . the unreasonably refused to comply with the code requirement. The hearing officer's decision and supporting reasons must be in writing. Page 8 of 11 • (1) The failure to pay the fine or request a hearing within ten (10) days after the date of the citation, or the failure to attend the hearing, constitutes a waiver of the violator's rights to an administrative hearing and is an admission of the violation. A hearing officer may waive this result upon good cause shown. Examples of good cause include: death or incapacitating illness of the accused; a court order requiring the accused to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. "Good cause" does not include forgetfulness and intentional delay. If the accused violator fails to attend a hearing without izood cause. the fee for the hearing will not be returned to the accused. (2) The decision of the hearing officer is final without any further right of administrative appeal, except for matters subject to administrative review under § 18- 208. In a matter subject to administrative review under § 18 -208 the hearing officer's decision may be appealed to the City Council by submitting a request in writing to the City Manager or designated agent within ten(10) days after the hearing officer's decision. § 18 -208 ADMINISTRATIVE REVIEW. (A) The hearing officer's decision in any of the following matters may be appealed by the person responsible to the City Council for administrative review: (1) An alleged failure to obtain a permit, license, or other approval from the City • Council as required by an ordinance; (2) An alleged violation of a permit, license, other approval, or the conditions attached to the permit, license, or approval, which was granted by the City Council; and (3) An alleged violation of regulations governing a person or entity, who has received a license granted by the City Council. (B) The appeal must be heard by the City Council after a notice has been served in person or by registered mail at least ten (10) days in advance. The parties to the hearing must have an opportunity to present oral or written arguments regarding the hearing officer's decision. (C) The City Council must consider the record, the hearing officer's decision, and any additional arguments before making a determination. The Council is not bound by the hearing officer's decision, but may adopt all or part of the officer's decision. The Council's decision must be in writing. (D) If the Council makes a finding of a violation, it may impose a civil penalty not exceeding $2,000 per day per violation, and may consider any or all of the factors contained in § 18- 207 (D). The Council may also reduce, stay, or waive a fine unconditionally or based on reasonable and appropriate conditions. • Page 9of11 • (E) In addition to imposing a civil penalty, the Council may suspend or revoke any city issued license, permit, or other approval associated with the violation, if the procedures in the city code have been followed Any he :ru.° r° •� °a in he city eede _.._ § 18 -209 JUDICIAL REVIEW. An aggrieved parry may obtain judicial review of the decision of the hearing officer or the City Council in accordance with state law. § 18 -210 RECOVERY OF CIVIL PENALTIES. (A) If a civil penalty is not paid within the time specified, it constitutes: (1) A personal obligation of the violator in all other situations; and (2) A lien upon the real property upon which the violation occurred if the property or improvements on the property were the subject of the violation and the property owner was found responsible for that violation. (B) A lien may be assessed against the property and collected in the same manner as • taxes. (C) A personal obligation may be collected by any appropriate legal means. (D) A late payment fee per the scheduled fee will be assessed for each 30 -day period, or part thereof, that, the fine remains unpaid after the due date. (E) During the time that a civil penalty remains unpaid, no city approval will be granted for a license, permit, or other city approval sought by the violator or for property under the violator's ownership or control. (F) Failure,to pay a fine is grounds for suspending, revoking, denying, or not renewing a license or permit associated with the violation. § 18 -211 CRIMINAL PENALTIES. The following are misdemeanors, punishable in accordance with state law: (A) Failure, without good cause, to pay a fine or request a hearing within 30 days after issuance of an administrative citation. (B) Failure to appear at a hearing which was scheduled under § 18 -207. unless the • absence is approved by the hearing officer. Page 10 of 11 • (C) Failure to pay a fine imposed by a hearing officer within 30 days after it was imposed, or such other time as may be established by the hearing officer, unless the matter is appealed under § 18 -208. (D) Failure to pay a fine imposed by the City Council within 30 days after it was imposed, or such other time as may be established by the City Council. § 18 -211 APPLICABLE LAWS. Where differences occur between provisions o f this chapter p and other applicable code sections, this chapter applies. Page 11 of 11 f Establishing an Administrative Penalty S z Presented',by:` Vickie Schleuning Assistant City Manager/ Director Building 8c Community Stan City of Brooklyn Center City Council Meeting January 11, 2010 "MAW Overview • Background • City Charter Overv' t:. • Process for Establis „ing Administ ive Penalty System • Definition & Purpose • Draft Ordinance' Highlights • Council Feedback ; 01/11/10 2 1 Background • City charter amended b referendum in the November 2008 generaNlection. • Charter amendment enab implemen ion of an v administrative penalty sys, rmby the • Options researched for adm"inistrative alty system ■ Draft ordinance prepared for discussion • Presently, all violations regardless and severity processed through the Cri in' system • General review of administrative penal sy with Council prior t e 01/11/10 3 City Charter Overview • City Council shall establish an administ penalty system for City Codes a • Provides due process m Administrative hearing by r,eutral party • Establishes a special assessment proc for unpaid fines ■ If violation occurred on orlas a_ of - property being assessed ■ Requires allowance for voluntary pay • Requires special assessment notification ocess (similar to MN State; law).! 01/11/10 2 City Charter Information ■ Section 12.13. FINES AND PENALTIES. Subdivision 1. The Coun shall establish by ordinance a procedure for impr administrative penalty for violations of Grx1 ity ordinance. The procedure shall pr at any pa ged with an administrative penalty will recei notice of a vi on and an opportunity to be heard by a neutr6t party. The pr ure shall authorize the City to use the services., of a third pa aring ofricer to decide whether an administrative penalty should . mposed. Subdivision 2. Upon passage of an administrative I ordinance, the City Council shall provide by ordinance that unp administrative penalties be collected as a special as sment against property. The ordinance shall provide that the Ci t attempt to obtain voluntary payment of the penalty. The ' e shall also provide that notice and opportunity to be heard be n to the property owner listed on the official tax records bef the penalty is assessed. 01/11/10 s Proposed Ordinance Development & Implementation Process • Internal staff meetings to review options and development, pre - design and throughout process. (Initial meetings co • Inpput obtained from City Council, Hous' 15), and other interested parties. = ; • Staff work with City Attorney's offs for final ordin content and,; format. • i Proposed administrative penalty ordinance brought h to the City" ; Council for review and approval. ; Typical ordinance ption requirements apply. • Fee structure and amounts brought.forth to the Ci ncil for consideration and approval in resolution format. • Program documents, manuals; processes and pr created and established in accordance: with the adopted ord nce. • Internal and external training conducted. • Administrative penalty system roll out to public. 01/11/10 6 3 Definition & Purpose of Administrative Penalty Systems . Definition . A civil penalty system conduk Y ly by a government organization foil violation of , primarily through the issuance of fines: It is Not: • A civil judicial system" Processed thr h the independent court system • A criminal system;` Processed throug e independent court system . Purpose ■ To provide an effective and efficient legal a rnative to a formal court process.for certain types of pr rty nuisance offenses. 01/11/10 I n M-P Draft Ordinance Highlights . Uses- Pertains to city code and¢ violations • Property code, animal, uisances • Since 2009, state law authorizes f ertain traffic violations- stria requiremen under review . Various types of citations l ■ Each Occurrence ■ Repeat - fine amounts increase . Continuing- requires administrative h ing V41M r 01/11/10 8 4 [Draft Ordimamee fi-IigMiights court_.. ■ Violator Options • May pay and correct viola ' 9 • If no payment ■ Collect through special assessment if pro owner responsible party and occurred on prope ■ May collect through other: means- collect agency, additional violation through Criminal cou tc. • If no correction . Additional citations through administrati nalty system E plut ■ Proceed through criminal' system or civil j icial system . Abatements and /or other tools s 01/11/10 9 Draft Ordinance Highlights cont... ■ Violator Options continued... . May appeal violation t Inlstr hearing ■ Neutral hearing officer . Pay $10 hearing request "fee, refunda . May appeal to judicial court system . May appeal to City Council ■ Only if the property, required.Coun ' such as Licenses 01/11/10 10 5 Updates to 12 -14 -09 Ordinance Draft Feedback- Housing Commission, Staff • City Comparison Attachment p „ • Hearing appeal fee loweMequest refundable fee in order he g • Added proposed Brooklyn Center use fo . Property code, animals, maybe certain p 'ng and traffic, nuisances and similar, city code vi ions . Draft ordinance • Awkward sentence, added good cl improve sentence (Page 9 of 11) • Removed reference to license action ce being proposed fd (Pa loo 01/11/10 . Other Program Logistics • Finalize violation structure /categori • Develop fine and fee sc edule • Council approval in resolution format • Violator Options continued... • May appeal violation td administrativ aring • Neutral hearing officer. • Pay $10 fee up front, :refundable • May appeal to judicial court system . May appeal to City Council ■ Only if the property required Council acti suc Licenses h 01/11/10 12 6 x Other Program Logistics cont... • Determine resource needs- staffin, cost, printing, etc. ~ , 4 • Create program proces s, system documents, etc. • Public Education and Training • Staff • Hearing Officers. • Public ■ Rollout program:. 01/11/10 13 Council Feedback • Questions . Notable issues to add ss ■ Next Steps • Incorporate any feedback, changes • Work on project tasks • Tentative implementation summ 0 E Th . 01 /11 /10 14 7 Work Session Agenda Item No. 3 • MEMORANDUM - COUNCIL WORK SESSION DATE: January 11, 2010 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, City Manager/Director of Building & Community Standards SUBJECT: Discuss Options for Rental Licensing Categories in Relation to Proposed Revisions to Chapter 12 COUNCIL ACTION REQUIRED Staff is seeking feedback and direction in order to establish criteria for rental license categories in accordance to proposed revisions to Chapter 12. BACKGROUND Because of the full agenda for the December 14, 2009 City Council Meeting, the City Council deferred discussion of options for establishing the rental licensing categories to correlate with the new rental licensing ordinance. • The proposed ordinance amendments pertaining to rental licensing and enforcement include a provision for licensing categories based on performance criteria. Staff has been gathering and analyzing data in order to develop baseline information for determining these criteria. The results of the data analysis and licensing options will be presented for discussion. COUNCIL POLICY ISSUES • Will the license categories meet the City goal of promoting well- managed rental properties and improving substandard rental properties? • What factors should be considered in order to ensure the licensing criteria will be legally sound? • How will the licensing categories impact city resources in the short-term and long -term? How does this affect the implementation strategy? Attachments License Category Criteria Options • • License Category Criteria City of Brooklyn Center DRAFT 12- 14 -09, Updated 01 -11 -10 The main structure of the license categories would be based on property code and nuisance violations noted during the routine license inspection. If a property has a high number of police calls for service, the license type could be lowered in the category as prescribed. This method of determining the license category provides a more accurate reflection of the condition of the property and the city costs of service. The fee for each category would be the same regardless of the license type since the amount of service provided by the city would be comparable for each license period. Please note that the fee would be required more frequently as determined by the license category and associated time period. Points for Proverty Code Compliance Property code violation rates will be based on the average number of property code violations per unit identified during the routine licensing inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. License Number Phase I Phase H Category of Units • (Based on Property Code Number of Property Code Number of Property Code Violations Per Properties in Violations Per Properties in Only) Unit Category Unit Category Ty pe* Type o .. Type I 1 -2 units 0 -1 22(16.1%) 0 -1 22 (16.1 /o) 3+ units 0 -0.75 5 (27.8 %) 0 -0.6 3 (16.7 %) Type 11 1 -2 units 2 -4 48(34.8%) 2 -3 33(23.9%) 3+ units 0.751 -1.5 6 (33.3°/x) 0.61 -1 2 (11.1 %) Type III 1 -2 units 5 -9 44(31.9%) 4 -6 42(30.4%) 3+ units 1.5 -3 3 (16.7 %) 1.1 -1.5 5 (27.8 %) Type IV 1 -2 units 10 or More 24(17.4%) 7 or More 41 (29.7 %) 3+ units More than 3 4 (22.2 %) More than 1.5 8 (44.4 %) *Note: Property Code Violation calculations are based on the following data. Number of Units # of Properties Total # of Rental Properties in Unit Size Reviewed in Unit Size (Pending Licenses Not Included) 1- 2 units 138 535 • 3 +units 18 48 • Police Service Calls. Police call rates will be based on the average number of valid police calls per unit. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12 -911 and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Validated Calls for Disorderly Number of Properties" Category Units Conduct Service & Part I Crimes (as of 09- 25 -09) (Calls Per Unit/Year) No Category 1 -2 0 406(84.2%) Impact 3-4 units 0 10 (58.8 %) 5 -15 units Less than .05 6 (30 %) 16 -90 units Less than .05 3 (14.3 %) 91 -311 units Less than .05 2 (15.4 %) No Category 1 -2 1 56 (11.6 %) Impact 3 -4 units Between 0 and .25 2 (11.8 %) 5 -15 units Between .051 and .35 8 (40 %) 16 -90 units Between .051 and .35 12 (57.1 %) • 91 -311 units Between .051 and .35 8 (61.5 %) Decrease 1 -2 2 -3 19 (3.9 %) Category 1 -4 units Between .26 and 1.0 4 (23.5 %) Type by 1 5 -15 units Between .35land .50 4 (20 %) 16 -90 units Between .35 land .45 2 (9.5 %) 91 -311 units Between .35land .50 2 (15.4 %) Decrease ; 1 -2 4 or more 1 (0.2 %) Category 1 -4 units More than 1.1 1 (5.9 %) Type by 2 5 -15 units More than .51 2 (10 %) 16 -90 units More than .451 3 (14.3 %) 91 -311 units More than .51 1 "Note: Validated Calls for Property Code Violation calculations are based on the following data. Number of Units In Rental Number of Rental Properties Property Reviewed in Unit Size 1 -2 482 3 -4 units 17 5 -15 units 20 16 -90 units 21 91 -311 units 13 1/11/2010 Rental License Categories Discussion Chapter 12 Rental License Regulations -. __ _....._.. --------- - --- - ------------------ - „ CXTI' COLTRCIL WORK iSSSION - JANUARYS i'i��aioin " x � �vclae 3Chleuniug, Asgstairt (�ty1Vl�snage.�tD�rectorBui�c Hamm. �tds - " cooperation with Policiand Rental S e Departmen trategies Committee u Overview _.. "..._.._..._.._.. -- - ------------ -- - • Liceiis n Grrter�i R r UIr as � f PrQ o ed Rent eensi� ` id n; doe ss :.t.x • t is for LiCeias�n - date awes �= es `S atist�calr=:a1`� • Coun d F idba l � • Vl or v � tt i y' 4ffi+ ��' - "'�' ,� iti; ,," 'f � +,. Fuial1 Category Criteria fdr Wffi l Coune>� 1�pprova C oon�t� & &W ' ule and Effective aM .�R , �{ -A " • Co�nu cap L��' N isi �1ic De - - - 1 1/11/2010 Rental License Categories Discussion Chapter 12 Rental License Regulations r CITY COUNCIL WORK SESSION JANUARY ii, 2oio L- I I i t i Presented by: Vickie Schleuning, Assistant City Manager /Director Building & Comm. Stds in cooperation with Police Department and Rental Strategies Committee Overview GS • Licensing Criteria Required as Part of Proposed Rental Licensing Code Amendment in Process I • Statistical Analysis for Licensing Categories & Types • Council Feedback • Work with City Attorney's Office • Finalize Category Criteria for Formal Council Approval- Coordinate Fee Schedule and Effective Date with Ordinance • Develop Educational Information • Communicate Updated Program to Public 1 1/11/2010 OVer`dew - ---- ---------- ------------------ --- - - - - - - " -- ! - --- - - • Rental Ordinance Amendments in Process include Performance Based Licensing Categories • Requires Development of License Category Criteria ® Information & Data Analysis i o Police Statistics Presented June 22, 2009 Property Code Data Analyzed • Presenting Options Considered for Licensing Categories i Basis of License Category Types • License categories based on overall conditions of property- maintenance, crime and nuisances Correlation between property maintenance and police activities Property maintenance provides stronger legal support for determining license categories and associated fees c More representative of property condition /management than previous o.65 Police calls per unit f • Provides additional motivational tools to address substandard properties without negatively impacting well - managed properties and undesirable outcomes o Adds conditions in certain category types aired at improvin& the overall property conditions (Crime Free Housing Program initiative, Mitigation and Action Plan, increased monitoring through onsite inspections, etc.) #P # 8 6 tbk 2 1/11/2010 Basis of License Category Types cont... • ---------------- - ------------ ------- - -- --------------------- -D") - ------- - - ------------------------ - ------------------- ------- --- - ---- -------- Fees correspond with services provided for each category type (to be determined and presented as resolution) Inspections, police monitoring of CFH Program Please note- other enforcement tools address excessive services or punishment Reinspection fees increased in Dec 2609 to address additional city costs of service for noncompliance Criminal penalty- citations, formal complaints - Administrative penalty system- in process (Council Work Session Item tonight) - license actions- suspension, revocation, etc. ik License Categories- Currently Proposed Amendments --- ----- ---------- Licensing Licensin Min. Inspection Crime Free Housing Plans Category g Period Frequency Type I 3 year min. 1 time in 3 years, Phase I upon request or as Recommended needed as determined by city Type 11 2 year Win. I time in 2 years, Phase I Required upon request or as needed as determined by city Type Ill I year Min. i time per year, Phase 1, 11 Required Acton Plan upon request or as Required needed as determined by city Type IV 6 Months Min. every 6 months, Phase 1, 11 and Ill Mitigation Plan Provisional upon request or as Required Required needed as determined by city, or as othenvise specified by Mitigation OEM Plan 3 1/11/2010 Police Service Calls Review 12 -918 Violations Statistics OvenieW 2oo6 -2008 partment Tier Mean Median Range linner IStandard 5 FS /Unit FS /Unit uartile, Deviation Percentil Range �+?4'.�, .�#: �+a_ � +F , s. � ' .�v,�_x.. Sara'.- .kn�,F'� ;^ �r - :, i,�t 4?; .� s. :_ _ - •� r -15 Units 0.14 0.12 .00 to 0.58 0.07 to 0.18 0.12 0.36 11 fr100 O 9 1 #a 0 46� D`QT � Ai� ` 101 -310 Units 0.131 0.120.. to 0.29 .08 to 0.17 0.11 0.29 Ch. 12 -913 Violations per Unit (Disorderly Premise) 5 units -310 units from 2oo6 -2007 °olice.12- 913- LioiationsW- nit(DisorderIVPraw;--) oso 5 u nits -310 units from 2006 -2007 ®2000 cFS /u0x �:ool as/udt 0,70 -&2008 as/ . =.60 I — u+eu;2006 fFilUMtl *5 1 (1007 CFS /Wt) 1 .40 (2002 MAW) f .30. —.— c020 --_— — IU I IL - t 4 �- 0.00 4 1/11/2010 Ch. 12 -9 Violations per Unit (Disorderly Premise) 5 units -15 units from 2oo6 -2007 U Police 12 -913 Violations per Unit (Disorderly Premise) 5 units -15 units from 2006 -2007 0.90 E 0.80 0.70 0.60 2006 CFS /Unit w 0.50 - 2007 CFS /Unit c 0.40 w - - - Ewjat 2008 CFS /Unit 3 0.30 z - _ — Linear (2006 CFS/Unit) • 0.20 -- -- 0.10 -- 4 - Linear (2007 CFS/Unit) 100 - -- Unear (2008 CFS /Unit) 6 6 7 7 8 8 8 10 11 11 11 11 11 11 11 11 12 12 12 12 j Number of Units I Ch. 12 -913 Violations per Unit (Disorderly Premise) 16 units -92 units from 2oo6 -2007 Police 12 -913 Violations per Unit (Disorderly Premise) 16 -92 units, 2006 to 2009 0.70 � ®2006 CFS(Unit 0.60 ® 2007 CFS /Unit 0.50 um 2008 CFS /Unit OAO — Unear (2006 0.30 _ CFS /Unit) z 0.2.0 Unear(2007 • - - CFS /Unit) 0 0.10 - — a �- 0.00 18 18 21 22 22 23 24 36 36 48 50 52 54 54 58 65 72 80 84 90 92 Number of Units 5 1/11/2010 Ch, 12 -9 Violations per Unit (Disorderly Premise) ioo units -310 units from 2oo6 -2007 I'. Police 12 -913 Violations per Unit (Disorderly Premise) 100 -310 units, 2006 -2009 0.45 c 0.40 0.35 i 2406CFSJUnit 0.30 w 0.25 S s 2007 CFS /Unit 0.20 «A 2008 (FS/Unit 0.15 a ,� 0.10 — — Linear(2006CFS /Unit) z 0.05 — °+ 0.00 r, — Unear(2007CF5 /Unit) u — Linear (2008 CFS /Unit) a 102 112 120 122 128 128 138 140 217 252 276 310 Number of Units Ch. 12 -913 Calls per Unit (Disorderly Premise) 1 -4 units from 2oo6 -2007 Frequency of 12 -913 Calls Cons for Number of For Service Per Unit Service per Ch Properties/ QOO 12 -913 Frequency 350 - 0 337 0.25 3 300 0.5 6 250 - 0.75 3 200 - 1 34 a e ®F F 1.5 1 g SO - �v res w — LOB. (Frequency) 2 11 ioo - 3 6 50 5 1 o o 0 o�y + + 9 ry h Note: 84% of properties with I 50 R =05419 Zero Calls _I-00 Bin 6 1/11/2010 Property Code Violations Data 1., Single/Two Family Rental Properties Number of Violations per Property- (Feb -Dec 2009) 30 25 0 20 7 9 0 o 15 a� x 10 5 nnu o Individual Properties Note: Approximately 138 of 535 properties included in analysis due to available information. Therefore, data presented is likely a good representative of single /two family violation rates. Property Code Violations Data III Single /Two Family Rental Properties Number of Properties Per Violation Rate (Feb -Dec 2009) 20 18 1( 14 - _ _- p 12 a 10 = P ' o = A 8 o 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Number of violations 7 1/11/2010 Property Code Violations Data Multi - Family (3+ units) Violations Per Unit Per Property- Feb -Dec 2009 4 3.5 3 E u 2S 2 0.5 123456789 1oiii213i4isI6I7I8 Inffividn lPmperties Note: Eighteen of approximately 48 properties included in analysis due to available information. Also, data presented represents higher violation properties. Property Code Data Summary -- ---------- --- --- - - ---- - --------- - ----- Single/Two Family Rental Properties ce Average number of violations- 5.57 c Violation Range is 0 to 27 Multi-family properties with 3+ units Average number of violations per unit is 1 .5 2 a Violation Range is o to 3.4 violations/unit k . 8 1/11/2010 License Category Criteria ---------- - -------------- --------------------- -- - -- ------- --- - 'Z_J - -- ----------- ----- - --------------- - -- ------ ------- ---------------- ------- - ------------- • Please see handout • Based on property code and nuisance violations during routine license inspection • Supplemented by validated police service calls C; Excessive validated_police service calls lowers category/increases license requirements • Fee based on costs of city service c Same establishment fee regardless of category Fee required each license period (3 Year, 2 year, 1 year, 6 months) based on license category Remaining Project Tasks • ------ --- -- ------------ Compare Subsets of Information Estimate and forecast workload Ensure proposed criteria accomplishes goals Amend license fees by resolution Work with City Attorney's Office Determine Implementation Schedule Implement as part of current license schedule- 2 year cycle Determine ordinance effective date- such as April 1 • Finalize Criteria • Submit for Council approval 9 1/11/2010 I Council Feedback ----- -- ---- - -- Q &A Thank You 10 • Work Session Agenda Item No. 4 MEMORANDUM - COUNCIL WORK SESSION DATE: January 7, 2010 TO: Curt Boganey, City Manager FROM: Dan Jordet, Director of Fiscal and Support Services Gary Eitel, Director of Business and Development c SUBJECT: Update on Tax Increment Finance Districts COUNCIL ACTION REQUESTED: The status report of these three tax increment districts is being presented as information only. The data is intended to inform the Council of the current status of each of the three active Tax Increment Districts and the potential opportunities to assist in achieving Council goals. TAX INCREMENT FINANCING DISTRICT NO. 2: Tax Increment District No. 2 was established in 1985, as a redevelopment district, to remedy conditions of economic obsolescence, physical blight, under utilization of land, extensive soil corrections which the private sector has not been willing or able to • accomplish and correction of numerous traffic hazards and pedestrian conflicts. In 1994, the district's project area was enlarged to include the geographic boundaries of the city and the following additional objectives were added: • To enhance the tax base of the City. • To provide maximum opportunity, consistent with the needs of the City, for redevelopment by private enterprise. • To better utilize vacant or undeveloped land. • To attract new businesses. • To acquire blighted or deteriorated residential propriety for rehabilitation or clearance and redevelopment. • To develop housing opportunities for market segments underserved in the City, including housing for the disabled and elderly. The District consisted of 61.59 acres located east of Shingle Creek Parkway, north of John Martin Drive and west of Earle Brown Drive and had a base tax capacity of $ 350,282. The 2009 tax capacity of the 11 commercial retail, office, and residential land uses is $999,947, which results in an incremental tax capacity of $ 649,665 or approximately 185% growth since the district was created. is In 2008, the 6.15 acres Embassy Suites site was removed from the District. This district has a fund balance of $ 1,919,954.66 as of 12- 31 -09. 1 • The district is scheduled to expire in 2011 and is projected to generate $1,743,000 in additional tax increment revenue which is $1,663,117 in present day value. The City's TIF consultant, Briggs & Morgan, is recommending that a formal budget i amendment, including public hearing and notifications to the other g overnmental units, be completed prior to use of this $3.6M+ of additional funds. TAX INCREMENT FINANCING DISTRICT NO.3 Tax Increment District No. 3 was established in 1994 to provide assistance to various commercial redevelopment and housing development projects within the District. The District is a scattered site district with three sites, the Brooklyn Boulevard /69th Area, the Brookdale Area, and the Willow /252 Area and included the following objectives: - To enhance the tax base of the City - To provide maximum opportunity, consistent with the needs of the City, for development by private enterprise, - To better utilize vacant or underdeveloped land - To attract new businesses - To acquire blighted or deteriorated residential property for rehabilitation or clearance and redevelopment, - To develop housing opportunities for market segments underserved by the City including housing for the disabled and elderly. • The district consisted of 221 p arcels of land, 174 of which contained existing houses and structures with a 1994 base tax capacity of $2,290,408. The current tax capacity in 2009 is $3,447,706, creating an incremental tax capacity of $1,197,208. Special state legislation associated with the creation of this Tax Increment District included provisions which required that 15% of the revenues generated from tax increment in any year is deposited in the housing development account of the authority and expended according to the tax increment financing plan. Additionally, the legislation included certain time constraints for the expenditure of the tax increments on planned activities /acquisitions /capital improvements. Special legislation extended the initial 10 year deadline to 13 years. and on May 15, 2008, this district moved to a debt service mode (ie. with the exception of the 15% housing fund, all new increment is limited to a in off the existing debt of the district P Y g g In 2008, the last bond sales allowed within this district occurred which provided the funding for the Xerxes Ave. Streetscape Improvements and the James Ave. water trunk realignment The balance of the loan proceeds is $ 2,134,069, of which $1.8M has been allotted to the 2010 Bass Lake Road Streetscape Improvement Project Additionally, $250,000 of these funds have been identified as a funding source for the City's portion of a potential grant associated with a restoration project of Shingle Creek. Also, in 2008, the EDA adopted Resolution No. 2008 -05 which amended the budget to 2 include the following activities to address foreclosure issues and the 57 and Logan Ave. dry cleaner vapor study: • - Acquisition of single and multi - family housing - Rehabilitation of single and multi- family housing - Environmental remediation of single family and multi - family housing properties The Housing Fund has a balance of $3,154,154 as of December 31, 2009. In January, 2009, the City Council approved the Renew Loan and Remove & Rebuild Foreclosure Programs and allotted $1.6M form this TIF Housing Account. Currently, the Renew Loan Program has used $635,000 of its $1M budget and the Remove and Rebuild Program has used #300,000 of its $600,000 budget. This 15% housing fund will continue to funded by the annual tax increments through the expiration of this district in 2021. Presently, approximately $300,000 a year is placed into this fund which over the remaining 12 years could amount to an additional $3.6 M for housing related activities. The outstanding debt in TIF #3 includes two bond issues: Tax Increment Bonds 2004D sold in the amount of $17,245,000. The outstanding Go ncre g principal on these bonds is $14,310,000 as of December 31, 2009. The final payment on these bonds will be made on February 1, 2020. • GO Tax Increment Bonds 2008A sold in the amount of $4,335,000. The outstanding principal on these bonds is $2,665,000 as of December 31, 2009. The final payment on these bonds will be made on February 1, 2018. Both Bonds were based on projected tax increments exclusive of the Brookdale Mall properties. $3,432,586.63 of the total $8,720,809.82 cash balance in TIF # 3 is reserved as payment for these debts. An issue that continues to be monitored is the diminishing valuation of the Brookdale Mall and their effects on the Distric is ability to generate sufficient tax increment to properties tY g meet annual debt service. ro The 1994 base tax capacity aci for the Brookdale Mall Properties was 929,426, calculated from a base value of $46,621,300 which included the Applebee's and Kohl's parcels. The current tax capacity, as recently stipulated by Hennepin County, is 424,450 or 504,976 less than the base value, a loss of 54.33 %. This loss is currently absorbed by the entire TIF #3 district before any increment is calculated and lowers the overall increment available from TIF #3 by more than $700,000 ($715,565.85 at a 142.099% tax extension rate). This presents three challenges to the City's economic development efforts: 3 1. The ability to generate sufficient funds to make dept payments is reduced by leaving • the Brookdale parcels in the TIF #3 district. 2. The availability of any additional funding for economic development incentive or assistance for the Brookdale parcels is curtailed until TIF #3 is decertified in 2021. 3. The removal of the Brookdale parcels from TIF #3 would improve the increment generation of the district and could provide opportunities for the reformation of the Brookdale parcels into a new economic development or tax increment district that could facilitate redevelopment opportunities for the mall properties and surrounding area. However, the action would reduce the general tax base by 504,976 or about 2.16% unless corresponding tax base were added to the general tax base at the same time. TAX INCREMENT FINANCING DISTRICT NO.4 Tax Increment District No. 4 is a soils district that was established in 1999 to assist in certain public redevelopment costs associated with the Twin Lakes Business Park. The district consists of 29.26 acres and had a base tax capacity of $37,762. The 2009 tax capacity of the 3 industrial lots (Wickes Furniture - now Wagner Spray Technology, Baker Furniture /Toro, and Caribou) is $ 312,450, a 725% growth of the tax capacity of the district. In 2009, the district generated $399,404 in increments, (after fiscal disparity deductions). Of that amount, 97.5% was used to pay off a $1,666,143 note issued in 1999 and a $758,056 note issued in 2002. The outstanding debt in this district is held by Joslyn Manufacturing and Twin Lakes Business Partnership. It is retired on pay -as- you -go basis using only 97.5% of the increments actually paid in the district each year to a maximum of the outstanding note plus interest. The pay -as- you -go notes, totally $2,424,199, were issued with an interest rate of 8 %. The obligation matures when the district is decertified in 2020 and any unpaid principal remaining at that time is canceled. 12 -31 -2009 cash balance is $173,043.61 Of that amount, $165,459.46 will be paid to Joslyn Manufacturing and Twin Lakes Business Partnership on February 1, 2010, leaving a net balance of $7,584.15. COUNCIL POLICY ISSUES: The future identification and prioritizing of eligible acquisitions and /or capital improvements that the Council wishes to include in a potential $3.6M + budget amendment to Tax Increment District No. 2. The consideration of the future removal of all or portions of the Brookdale Mall properties from Tax Increment District # 3. 4 • i ll ifL i " if 1 ill i '• 1 1 1 1 ! •r r E 1 7 1 i S 1 i j 1 3 • 1 f 1 f 1 3! 1 !li11it11lfIfhifh h If I Irll11itIfifIfhhItil11 ah1,h1.1,Lr 1 lr r1 B C q D E 2811821310001 - I� R ER LAKE PARK � v s.rey \ 1 ' Zone B 1 OCAL STREE Q DEX 1 ' Brooklyn Center TIF Districts TIF Districts all oNe -al— 2103 2100 2147 2101 2148 J 2102 �� 2146 N - �AV o 1z. as My WE S Brooklyn Cerder GIS — — ---- •