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HomeMy WebLinkAbout2012 01-09 CCP Regular Session I AGENDA CITY COUNCIL STUDY SESSION January 9, 2012 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn i i I ' CITY COUNCIL MEETING City of Brooklyn Center January 9, 2012 AGENDA i 1. Informal Open Forum with City Council — 6:45 p.m. — provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. 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 5, 2011 — 2012 Budget Hearing 2. December 12, 2011 — Study /Work Session 3. December 12, 2011 — Regular 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, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, Project Peace, Twin Lakes Joint Powers Organization, and Visit Minneapolis North . j CITY COUNCIL AGENDA -2- January 9, 2012 f. Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees g. Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations h. Resolution Granting Corporate Authority for Transactions of Financial Business Matters i. Resolution Adjusting the Salary of the City Manager j. 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 11, 2012 k. Amend 2012 City Council Meeting Schedule 1. Resolution Establishing the Interest Rate for 2012 Special Assessments m. Resolution Establishing 2012 Street and Storm Drainage Special Assessment Rates 7. Presentations / Proclamations /Recognitions/Donations a. Presentation to Councilmember Lasman — National League of Cities Silver Level Award of the Certificate of Achievement in Leadership Program Requested Council Action: None. b. Resolution Expressing Recognition and Appreciation of Allan Hancock for His Dedicated Public Service on the Northwest Suburbs Cable Communications Commission Requested Council Action: — Motion to adopt resolution. C. Resolution Expressing Recognition and Appreciation of Rachel Morey for Her Dedicated Public Service on the Planning Commission Requested Council Action: — Motion to adopt resolution. CITY COUNCIL AGENDA -3- January 9, 2012 8. Public Hearings a. An Ordinance Relating to Licensing of Rental Properties; Amending Brooklyn Center City Code Section 12 -910, Paragraph 7 -This item was first read on November 28, 2011; was published in the official newspaper on December 8, 2011; and is offered this evening for second reading and 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 Tem 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. C. Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representative/Voting Delegates for Other Organizations for 2012 Requested Council Action: — Motion to ratify Mayoral appointments. d. Consideration of Type IV 6 -Month Provisional Rental License for 2801 66th Avenue North Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. —Take action on rental license application and mitigation plan. e. Consideration of Type IV 6 -Month Provisional Rental License for 7143 France Avenue North Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. —Take action on rental license application and mitigation plan. CITY COUNCIL AGENDA -4- January 9, 2012 f. Consideration of Type IV 6 -Month Provisional Rental License for 7137 Grimes Avenue North 1. Resolution Approving a Type IV Rental License for 7137 Grimes Avenue North Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. — Motion to adopt resolution. g. Mayoral Reappointment of Commissioner to Serve on Shingle Creels and West Mississippi Watershed Management Commissions Requested Council Action: — Motion to ratify Mayoral nomination. 11. Council Report 12. Adjournment Agenda Items Tabled or Continued An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 —This item was first read on April 12, 2010; was published in the official newspaper on April 22, 2010; and the Public Hearing was continued at the May 10, 2010, meeting until such time as the Charter Commission makes its recommendation to the City Council. 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 2012 BUDGET HEARING DECEMBER 5, 2011 CITY HALL — COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center City Council met for the 2012 Budget Hearing and the meeting was called to order by Mayor Tim Willson at 7:00 p.m. 2. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also present were City Manager Curt Boganey, Fiscal and Support Services Director Dan Jordet; and Deputy City Clerk Maria Rosenbaum. 3. PRESENTATION ON 2012 PROPOSED BUDGETS City Manager Curt Boganey outlined the Budget process, the City Council Goals, Budget Priorities, 2012 Proposed City Levies, General Fund overview, Revenues by Source, General Fund Expenditures by Function, and shared some highlights from the 2012 General Fund. He informed that the Truth in Taxation Legislation requires cities to hold a public meeting at which the general public is allowed to comment on the proposed budget and property tax levy prior to adopting the final budget and property tax levy. Fiscal and Support Services Director Dan Jordet discussed the Utility Funds, customer charges summary, Capital Improvement Projects, property tax changes, property valuations, Market Value Homestead Credits (MVHC), Homestead Market Value Exclusion (HMVE), tax changes for property owners, and outlined the following utility rate increases: Water Utility 8.00 percent or $1.51 basis for charge /1,000 gallon Sewer Utility .00 percent or $22.59 monthly residential fee Y p Y Storm Drainage 0 percent or $14.48 quarterly residential fee Street Light 25.32 percent ($1.00 per quarter) or $4.95 quarterly residential fee Recycling 0 percent or $8.43 quarterly residential fee 4. PRESENTATION ON PROPOSED PROPERTY TAXES PAYABLE IN 2012 Fiscal and Support Services Director Jordet discussed changes in the relative portion of property to total property value in Brooklyn Center. 12/05/11 -1- DRAFT i After eliminating the MVHC tax relief assistance program, the 2011 State Legislature created a HMVE Program. The HMVE is to provide relief to homeowner occupied residential properties by adjusting the taxable market value in lieu of a direct credit based in property value. The median residential value for 2012 is $133,800. This is a decrease of 2.62 percent below the 2011 median. Of the 7,305 taxable properties in Brooklyn Center, 5,239 or approximately 71.72 percent will see lower overall property taxes in 2012 according to data assembled by Hennepin County. The other 28.28 percent will see increases ranging from 0.1 percent over the 2011 amount to more than 20.0 percent. About 1.14 percent of properties will see an increase of 10.0 percent or greater. There was discussion regarding Estimated Market Value (EMV) and Taxable Market Value (TMV) formulas used to create the City taxes with HMVE. It was noted this is complicated due to the fact that the formulas were based on dollar credits but are now based on value assessed differently due to the new Legislation. If residents would like to further understand their values with the HMVE they can contact the Finance Department. 5. OPPORTUNITY FOR PUBLIC COMMENT AND QUESTIONS There was no one who wished to address the Council. 7. REVIEW REMAINING ACTIONS FOR ADOPTION City Manager Boganey discussed that the City Council will consider a proposed property tax levy in the amount of $14,218,823 at the December 12, 2011, City Council meeting. Also on December 12, 2011, the City Council will consider a resolution adopting the 2012 Employee Pay Plan, and resolutions adopting all budgets for 2012 City operations. The property tax levy will be certified to the Hennepin County Treasurer before December 28, 2011. 8. ADJOURN Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the 2012 Budget Hearing at 8:17 p.m. Motion passed unanimously. 12/05/11 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION DECEMBER 12, 2011 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. i ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. 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, Information Technology Director Patty Hartwig, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, Timesaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS VIDEO SURVEILLANCE SYSTEM Councilmember Lasman asked whether the video system would include surveillance of the community center and exercise area. Information Technology Director Patty Hartwig explained the positioning and orientation of the video cameras to record the entrance door into the exercise room and emergency access door. She indicated the cameras will be geared toward the exercise area and the receptionistibuilding manager will have the ability to view the areas at any time. Councilmember Lasman asked about the potential liability for the City should someone underage be in the exercise area. City Manager Curt Boganey indicated it is difficult to speculate on the potential risk or level of liability, but the general rule is that the City would have small liability unless it is deemed to be negligent. Councilmember Ryan commented on the liquor store surveillance system and noted the higher video resolution would help identify the perpetrator, should there be a theft. Ms. Hartwig indicated this is correct and advised of the key locations that will be upgraded with higher resolution cameras. Councilmember Kleven thanked staff for its recommendation to place cameras in the exercise area to enhance security for those using the exercise area. Ms. Hartwig explained the cameras will be networked to a core system so it is cost effective to expand, if desired. 12/12/11 -1- DRAFT i lly Councilmember Lasman requested the following correction to the Work Session minutes of November 28, 2011: Page 3, 11' bullet "Elected officials can acknowledge people for their random acts of kindness." It was the majority consensus of the City Council to accept the correction to the November 28, 2011, Work Session minutes. Councilmember Lasman requested discussion of Item 7a, Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of the Brooklyn Center Centennial Celebration Committee. She requested the resolution be revised to. include an additional WHEREAS paragraph that specifically acknowledged the contribution of Keith Lester for chairing the Committee, as follows: "WHEREAS, the leadership of the chair of the Brooklyn Center Centennial Committee, Keith Lester, is to be commended and congratulated on the great success of the events during the Centennial Year; and" It was the majority consensus of the City Council to accept this resolution revision to add the above language as the eighth WHEREAS. Mr. Boganey requested the addition of the December 8, 2011, Special Session minutes to the Consent Agenda as Item 6a6. It was the majority consensus of the City Council to accept this addition to the regular meeting agenda. Mr. Boganey requested the removal of Consent Agenda Item 6i, Approval of Site Performance Guarantee Reduction for Shingle Creel, Crossing Subdivision Agreement/Planning Application No. 2011 -008 and 009, to allow time for staff to review the request for a reduction to the letter of credit prior to Council action. He also requested the removal of Consent Agenda item 61,, Resolution Ordering the Abatement of Conditions Creating a Hazardous Property at 3119 62 °d Avenue North, since the hazardous condition has been removed from the subject property. It was the majority consensus of the City Council to accept these regular session agenda revisions. MISCELLANEOUS Mayor Willson commented on two recent articles in the Sunday edition of the StarTribune that were favorable to Brooklyn Center. One article pertained to the joint work of the Brooklyn Center and Brooklyn Park Police Departments with New Americans Academy and the second article cited Brooklyn Center as having one of the lowest tax rates in the metropolitan area. Councilmember Ryan advised there was also a StarTribune article on December 7, 2011, relating to the daylighting of Shingle Creek, a feature of Shingle Creek Crossing, that included an interview with Planning and Zoning Specialist Tim Benetti. Councilmember Lasman asked staff to provide her with information on the program starting in 12/12/11 -2- DRAFT I January to provide technical assistance grants for small businesses. Councilmember Ryan apologized for being unable to attend the December 15, 2011, Financial Commission meeting due to a family commitment. Councilmember Kleven asked what could be done to help someone who is living in his/her car. Mr. Boganey recommended they be referred to Hennepin County for assistance. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS NEIGHBORHOOD DESIGNATIONS Mr. Boganey introduced the item and stated it was initiated at the staff level more than a year ago to promote consistent communication amongst staff and the community to identify neighborhoods and boundaries. The action, if desired, to formally designate neighborhoods is a way to confirm these are reasonable descriptions. After that, the City can do as little or much as it wishes and it is not being proposed to consider neighborhood signs or organizations. Assistant City Manager/Director of Building . & Community Standards Vickie Schleuning described the process used by staff to define neighborhood designations and research conducted of other cities. Staff found there was not one particular model but found in all cases the neighborhood identification was useful for internal and external communications. Ms. Schleuning presented a map of proposed neighborhoods that used the name of a local park to identify the neighborhood. She reviewed policy issues with establishing such designations and requested City Council feedback. Councilmember Kleven thanked staff for its research and stated support for using the park name since residents identify with their neighborhood park. Councilmember Ryan concurred and asked if consideration was given to the Police Department's designated boundaries for patrol sectors. Ms. Schleuning advised the Police Department was instrumental in creating these proposed boundaries so the boundaries are close if not the same, and the next step would be to verify the locations. Mr. Boganey explained that operationally the City creates boundaries to determine the most effective and efficient division of resources to serve the public; however, it may not be wise to make the neighborhood boundaries fit the operational needs of the City because they will change. The Council expressed its support to consider creating neighborhood boundaries and to use the names of parks since residents feel an attachment to their neighborhood park. It was noted that neighborhood boundaries may also, be useful in the future should City -wide representation be desired to serve on a committee or task force. RECESS STUDY SESSION 12/12/11 -3- DRAFT Councilmember Lasman moved and Councilmember Kleven seconded to recess the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Study Session at 6:47 p.m. Motion passed unanimously. NEIGHBORHOOD DESIGNATIONS — CONTINUED The discussion continued on whether to create neighborhood designations. Mayor Willson suggested this matter be presented to the Housing Commission and Park and Recreation Commission for their feedback. Then the City Council can consider their comments before making a further determination. The majority consensus of the City Council was to support the identification of neighborhoods and direct staff to obtain feedback from the Housing Commission and Park and Recreation Commission. OPPORTUNITY TO ACQUIRE 6031 BROOKLYN BOULEVARD AS PART OF THE REIMAGING OF THE BROOKLYN BOULEVARD CORRIDOR Director of Business and Development Gary Eitel informed the City Council of the opportunity to acquire the home at 6031 Brooklyn Boulevard. He noted it is a single - family residence acquired by Rockwell Investment LLC on September 29, 2009, for $63,000. The owner pulled building permits, proceeded with rehabbing the home, obtained an $89,000 mortgage, and a rental license was issued in May of 2010. On November 16, 2011, there was a house fire at this residence and the property is currently vacant. The property owner is offering the property, as is, for $100,000. Mr. Eitel used a map to point out two lots to the north and one to the south of the subject parcel that the EDA already owns. He displayed pictures of the house and asked whether the Council thinks the purchase of this property and removal of the single family residence will have a positive effect on improving the image of Brooklyn Boulevard and if it is in the public interest to direct staff to pursue negotiations for purchase. Mr. Eitel advised this is not a foreclosed property and the dollar amount exceeds the limits directed by the Council. The Council indicated its support to move in a direction to negotiate purchase of the property pP g p p P Y due to its strategic location; however, the Council did not support purchase at the asking price. It was pointed out that the house was fire damaged so the property owner may have received an insurance payment. Mr. Eitel stated his understanding it was not a major fire and the structure can be repaired. 12/12/11 -4- DRAFT i I i Mr. Boganey clarified staff is not proposing a purchase price. If the Council supports proceeding, staff will negotiate in a manner to get the best price possible. The final decision whether to purchase the property will be with the EDA. The Council acknowledged the purchase of this property was within the long -range plan to remove single- family residences from Brooklyn Boulevard. Mayor Willson indicated he would need to know what the property owner received as an insurance payment and if that is not disclosed he may not support its purchase. The majority consensus of the City Council /EDA was to direct staff to proceed with the negotiation for acquisition of 6031 Brooklyn Boulevard as part of the reimaging of the Brooklyn Boulevard corridor. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:59 p.m. Motion passed unanimously. I I 12/12/11 -5- DRAFT I I � 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 12, 2011 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. 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, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION As the invocation, Councilmember Kleven requested a moment of silence and personal reflection for guidance and clarity in the decisions to be made by the City Council in 2012. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:17 p.m. 4. ROLL CALL 12/12/11 -1- DRAFT i Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. 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, Planning and Zoning Specialist Tim Benetti, Information Technology Director Patty Hartwig, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Lasman seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Work Session minutes of November 28, 2011, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. November 21, 2011 — Joint Work Session with Financial Commission 2. November 12, 2011 — Work Session 3. November 28, 2011 — Study Session 4. November 28, 2011 — Regular Session 5. November 28, 2011 — Work Session 6. December 8, 2011 — Special Session 6b. LICENSES GASOLINE SERVICE STATION Awad Company 6501 Humboldt Avenue N. Bassil Company 1505 69 Avenue N. Brooklyn Center Municipal 6844 Shingle Creek Parkway Metropolitan Council 6845 Shingle Creek Parkway LIQUOR — CLASS A ON -SALE INTOXICATING AND SUNDAY Applebee's Neighborhood Grill & Bar 1400 Brookdale Center Crowne Plaza Minneapolis North 2200 Freeway Boulevard Embassy Suites 6300 Earle Brown Drive LIQUOR — CLASS B ON -SALE INTOXICATING, SUNDAY, AND 2 A.M. CLOSING Oak City 2590 Freeway Boulevard LIQUOR — CLASS C ON -SALE INTOXICATING AND SUNDAY AMF Earle Brown Lanes 6440 James Circle North 12/12/11 -2- DRAFT i LIQUOR — CLASS F ON -SALE INTOXICATING AND SUNDAY Flik International at Earle Brown Heritage Center 6155 Earle Brown Drive LIQUOR — ON -SALE CLUB INTOXICATING AND SUNDAY Duoos Brothers American Legion Post 630 6110 Brooklyn Boulevard LIQUOR — ON -SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIQUOR 50's Grill 5524 Brooklyn Boulevard C 1 Buffet 6090 Shingle Creek Parkway Global Kitchen 6000 Shingle Creels Parkway Great India 6056 Shingle Creek Parkway LIQUOR - SUNDAY Global Kitchen 6000 Shingle Creek Parkway LIQUOR — ON -SALE 3.2 PERCENT MALT LIQUOR Centerbrook Golf Course and Central Park 6301 Shingle Creek Parkway Davanni's Pizza and Hot Hoagies 5937 Summit Drive Scoreboard Pizza 6816 Humboldt Avenue North LIQUOR — OFF -SALE 3.2 PERCENT MALT LIQUOR Award Company dba Winner 6501 Humboldt Avenue North Bassil Company dba Marathon 1505 69 Avenue North Cub Foods — Brookdale 3245 county Road 10 Leng Ku dba Sun Foods 6350 Brooklyn Boulevard Northern Tier Retail LLC dba SuperAmerica #3192 6950 Brooklyn Boulevard Northern Tier Retail LLC dba SuperAmerica #4160 6545 West River Road Northern Tier Retail LLC dba SuperAmerica #4058 1901 57 Avenue North G & S Gerges, Inc. dba Value Food 6804 Humboldt Avenue North MECHANICAL Efficient Energy Systems, LLC 11815 61 Avenue N., Plymouth James Walker Plumbing 17548 Freeport Way, Farmington Professional Mechanical Services, LLC 624 Central Avenue, Osseo RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE III one-year license) 3601 55 Avenue N. Christine Mack 2208 69 Avenue N. Passed w /Weather Deferral David Miller 5332 71 Circle N. Steven Gawron 12/12/11 -3- DRAFT i INITIAL (TYPE II — two-year license) 7048 France Avenue N. Passed w /Weather Deferral Tam Pham 5415 Girard Avenue N. Violet Woods 4201 Lakeside Avenue N. #117 Becca Jones j 2800 Nash Road Passed w /Weather Deferral Douglas Mangel 6406 Noble Avenue N. Jeremy Dummer 6925 Regent Avenue N. Paul Cameron RENEWAL (TYPE III — one-year license) 5746 Irving Avenue N. Kathy Becker RENEWAL (TYPE II —two-year license) 5900 Washburn Avenue N. John and Gail Lambert RENEWAL (TYPE I — three-year license) 6213 Chowen Avenue N. Passed w /Weather Deferral Nazneen Khatoon 5351 Irving Avenue N. Doug Wahl 6813 Humboldt Avenue N. B303 Raymond Charest SIGN HANGER Designer Sign 9975 Flanders Court NE, Blaine Leroy Signs 6325 Welcome Avenue N., Brooklyn Park TOBACCO RELATED PRODUCT Awad Company 6501 Humboldt Avenue N. Bassil Company 15056 9 1h Avenue N. Brooklyn Center Municipal #1 5625 Xerxes Avenue N. Brooklyn Center Municipal #2 6930 Brooklyn Boulevard 6c. RESOLUTION NO. 2011 -161 SETTING SALARIES FOR CALENDAR YEAR 2012 6d. RESOLUTION NO. 2011 -162 AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN CENTER LIONS CLUB TO CONDUCT LAWFUL GAMBLING AT OAK CITY, 2590 FREEWAY BOULEVARD, BROOKLYN CENTER, MINNESOTA 6e. RESOLUTION NO. 2011 -163 APPROVING CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NO. 2010 -16, CONTRACT 2010 -I, SHINGLE CREEK RESTORATION IMPROVEMENTS 6f. RESOLUTION NO. 2011 -164 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 12/12/11 -4- DRAFT i 2010 -16, CONTRACT 2010 -I, SHINGLE CREEK RESTORATION IMPROVEMENTS 6g. RESOLUTION NO. 2011 -165 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2010 -17, CONTRACT 2010 -J, COUNTY ROAD 57 STREETSCAPE AND IMPROVEMENTS 6h. RESOLUTION NO. 2011-166 AUTHORIZING INTERFUND TRANSFER 6i. APPROVAL OF SITE PERFORMANCE GUARANTEE REDUCTION FOR SHINGLE CREEK CROSSING SUBDIVISION AGREEMENT/ PLANNING APPLICATION NO. 2011-008 AND 009 This item was removed from the agenda. 6j. RESOLUTIONS APPROVING NEW FUND BALANCE DESIGNATIONS: 1. RESOLUTION NO. 2011 -167 AMENDING GENERAL FUND BALANCE POLICY 2. RESOLUTION NO. 2011 -168 COMMITTING SPECIFIC REVENUE SOURCES IN SPECIAL REVENUE FUNDS 3. RESOLUTION NO. 2011 -169 COMMITTING CAPITAL PROJECT FUND BALANCES 6k. RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A HAZARDOUS PROPERTY AT 3119 62 AVENUE NORTH This item was removed from the agenda. Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2011 -170 EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE BROOKLYN CENTER CENTENNIAL CELEBRATION COMMITTEE City Manager Curt Boganey introduced the item, reviewed the history, and stated the purpose of the resolution to recognize the contribution of the Brooklyn Center Centennial Celebration Committee. Mayor Willson read in full a resolution recognizing and expressing appreciation for the dedicated public service of the Brooklyn Center Centennial Celebration Committee. He thanked the Committee for its work that resulted in great success and also thanked staff member Sue LaCrosse for her many hours of work in organizing this effort. Councilmember Lasman moved and Councilmember Kleven seconded to approve { 12/12/11 -5- DRAFT i i RESOLUTION NO. 2011 -170 Expressing Recognition of and Appreciation for the Dedicated Public Service of the Brooklyn Center Centennial Celebration Committee, as amended. Motion passed unanimously. 8. PUBLIC HEARINGS - None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2011 -019 SUBMITTED BY T J WEBER PROPERTIES. REQUEST FOR PRELIMINARY PLAT APPROVAL TO REPLAT THREE CONTIGUOUS PARCELS LOCATED AT 6000 BROOKLYN BOULEVARD Mr. Boganey introduced the item noting it had been tabled at the last meeting pending resolution of several outstanding issues. Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2011 019 submitted b T J Weber Properties requesting a preliminary pp Y p q g p Y p lat approval to replat three contiguous parcels located at 6000 Brooklyn Boulevard. He explained this item was tabled at the last meeting after discussion of the precarious location of the southwest corner driveway and conflicting traffic movements. He displayed a site plan of the reconfigured parking on the west side of the building that will involve the removal of part of the bituminous driveway leading to the street, installation of a curb and gutter section, and landscaping. Mr. Benetti described the delineation of a new sidewalk easement that will occur as part of the platting process and encompass the City's sidewalk area. In lieu, the City will remove the apron, reconstruct the sidewalk area, and make repairs to the handicapped accessibility ramps that are currently inadequate by today's ADA standards. He indicated that Mr. Weber will block the southwest driveway to restrict access and after the City's work on the apron and sidewalks, the barrier will be removed and sodding and landscaping will take place. , Mr. Benetti noted the addition of Conditions 5 and 6 that addresses these two issues. Mayor Willson thanked staff for negotiating this resolution and stated he is glad Mr. Weber was amenable to working with the City to resolve safety concerns with the intersection through the replatting process. 1. RESOLUTION NO. 2011 -171 REGARDING THE DISPOSITION AND APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2011- 019, A REQUEST FOR PRELIMINARY PLAT APPROVAL OF EVANS NORDBY ADDITION SUBMITTED BY THOMAS J. WEBER ON BEHALF OF T J WEBER PROPERTIES, LLC Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011 -171 Regarding the Disposition and Approval of Planning Commission Application 12/12/11 -6- DRAFT I No. 2011 -019, a Request for Preliminary Plat Approval of Evans Nordby Addition submitted by Thomas J. Weber on behalf of T J Weber Properties, LLC. Motion carried unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2011 -172 AUTHORIZING THE SELECTION AND PURCHASE OF THE CITY'S VIDEO SURVEILLANCE SYSTEM Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution to authorize the purchase of a video surveillance system in an effort to improve security. Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2011 -172 Authorizing the Selection and Purchase of the City's Video Surveillance System. Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 904 53 AVENUE NORTH Assistant City Manager /Director of Building and Community Standards Vickie Schleuning advised that 904 53` Avenue North was inspected and 17 property code violations were cited and ultimately corrected. There have been 2 validated police incidents /nuisance calls within the last 12 months. This property qualifies for a Type IV six -month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Ryan moved and Councilmember Lasman seconded to open the hearing. Motion passed unanimously. Moshe Vorotinov, representing the property owner, explained the violations occurred during the time of the previous renter and after the second police call was made, they reviewed the violations and evicted the renter. Mr. Vorotinov explained they were behind on maintenance and the City's letters were received during Jewish High Holidays so they couldn't respond on time. Mr. Vorotinov stated they have submitted the mitigation plan and during the last inspection in July, the City inspector had mentioned they passed the inspection so it had been their understanding that they could rent it out. But, they received a letter of citation. Mr. Vorotinov indicated they now have a new renter who has passed all criminal background requirements. Councilmember Lasman moved and Councilmember Kleven seconded to close the hearing. 12/12/11 -7- DRAFT i Motion passed unanimously. Mr. Boganey informed the applicant that consideration is for a six -month license and if approved, it will expire in January since the last license expired in July. The applicant will need to submit a new application prior to the January expiration date. Mr. Vorotinov noted he is unable to attend the two required ARM meetings since they are not offered before the date of expiration. He asked if the license term could be extended to seven months. Mr. Boganey advised the ordinance does not provide for that option. Councilmember Lasman moved and Councilmember Ryan seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 904 53` Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10c. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 6937 UNITY AVENUE NORTH Ms. Schleuning advised that the owner of 6937 Unity Avenue North has applied for a renewal rental license. This property qualifies for a Type IV provisional rental license based on 8 property code violations that were cited and 2 validated police incidents /nuisance calls within the last 12 months. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Kleven moved and Councilmember Lasman seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lasman seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 6937 Unity Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 12/12/11 -8- DRAFT 10d. CONSIDERATION OF TYPE III ONE -YEAR RENTAL LICENSE FOR STERLING SQUARE, 6640 -6700 HUMBOLDT AVENUE NORTH AND 1400 -01 67 AVENUE NORTH Ms. Schleuning advised the owner of 1400 -01 67 Avenue North is making application for a renewal rental license. The property would qualify for a Type I License; however, the owner failed to meet the condition of the Type III license Action Plan, specifically failure to complete the Crime Free Housing Program Phase I certificate and Phase II required security improvement assessment and follow up inspection. According to City ordinances, if the requirements of the license category and Action Plan are not met, the license renewal category remains a Type 111. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and, at this time, recommends approval of a continued Type III license in lieu of suspension or revocation since progress has been made and the number of police calls reduced. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. John Roder, Sierra - Sterling Investment, LLC, noted their Type III license allows until February 11, 2012, to complete the crime free requirement. He stated all of the work is completed and the only thing remaining is the inspection. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. 1. RESOLUTION NO. 2011 -173 APPROVING A TYPE III RENTAL LICENSE FOR STERLING SQUARE APARTMENTS LOCATED AT 6640 -6700 HUMBOLDT AVENUE N. AND 1400 - 0167 AVENUE N. Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO, 2011 -173 Approving a Type III Rental License for Sterling Square Apartments Located at 6640 -6700 Humboldt Avenue N. and 1400 -01 67 Avenue N. Motion passed unanimously. 10e. CONSIDERATION OF 2012 BUDGET i Mr. Boganey introduced the item and noted a meeting had been held on December 5, 2011, to review the budget and receive public input. 1. RESOLUTION NO. 2011 -174 APPROVING FINAL TAX CAPACITY LEVIES FOR THE GENERAL FUND AND HOUSING AND 12/12/11 -9- DRAFT i i REDEVELOPMENT AUTHORITY AND MARKET VALUE TAX LEVY FOR DEBT SERVICE FUND FOR PROPERTY TAXES PAYABLE 2012 Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011 -174 Approving Final Tax Capacity Levies for the General Fund and Housing and Redevelopment Authority and Market Value Tax Levy for Debt Service Fund for Property Taxes Payable 2012. Motion passed unanimously. 2. RESOLUTION NO. 2011 -175 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 2012 Councilmember Ryan moved and Councilmember Kleven seconded to approve RESOLUTION NO. 2011 -175 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 2012. Motion passed unanimously. 3. RESOLUTION NO. 2011 -176 ADOPTING THE 2012 GENERAL FUND BUDGET Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011 -176 Adopting the 2012 General Fund Budget. Motion passed unanimously. 4. RESOLUTION NO. 2011 -177 ADOPTING THE 2012 SPECIAL REVENUE FUND BUDGETS Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011 -177 Adopting the 2012 Special Revenue Fund Budgets. Motion passed unanimously. 5. RESOLUTION NO. 2011 -178 ADOPTING THE 2012 DEBT SERVICE FUND BUDGET Councilmember Ryan moved and Councilmember Kleven seconded to approve RESOLUTION 12/12/11 -10- DRAFT I NO. 2011 -178 Adopting the 2012 Debt Service Fund Budget. Motion passed unanimously. 6. RESOLUTION NO. 2011 -179 ADOPTING THE 2012 CAPITAL PROJECT FUND BUDGETS Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011 -179 Adopting the 2012 Capital Project Fund Budgets. Motion passed unanimously. 7. RESOLUTION NO. 2011 -180 ADOPTING THE 2012 ENTERPRISE FUND BUDGETS Councilmember Lasman moved and Councilmember Kleven seconded to approve RESOLUTION NO. 2011-180 Adopting the 2012 Enterprise Fund Budgets. Motion passed unanimously. 8. RESOLUTION NO. 2011 -181 ADOPTING THE 2012 PUBLIC UTILITY FUND BUDGETS Councilmember Ryan moved and Councilmember Kleven seconded to approve RESOLUTION NO. 2011 -181 Adopting the 2012 Public Utility Fund Budgets. Motion passed unanimously. 9. RESOLUTION NO. 2011 -182 ADOPTING THE 2012 INTERNAL SERVICE FUND BUDGETS Councilmember Kleven moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2011-182 Adopting the 2012 Internal Service Fund Budgets. Motion passed unanimously. 10. RESOLUTION NO. 2011 -183 ADOPTING THE 2012 -2026 CAPITAL IMPROVEMENT PROGRAM Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011 -183 Adopting the 2012 -2026 Capital Improvement Program. Motion passed unanimously. 10f. MAYORAL REAPPOINTMENTS TO CITY ADVISORY COMMISSIONS 12/12/11 -11- DRAFT Mayor Willson offered a slate of candidates for reappointments to the City Advisory Commissions. Councilmember Ryan moved and Councilmember Lasman seconded to ratify Mayoral reappointments to City Advisory Commissions as follows: Financial Commission — term to expire 12/31/2014 Rex Newman, Teneshia Plunkett, Dan Schueller; Housing Commission — term to expire 12/31/2014 Peggy Lynn, Ephraim Olani, Judy Thorbus; Park and Recreation Commission — term to expire 12/31/2014 Bud Sorensen, Dan Starling; Planning Commission — term to expire 12/31/2013 Carlos Morgan, Michael Parks; and, Northwest Hennepin Human Services Council Advisory Commission — term to expire 12/31/2013 Sharon Kephart. Councilmember Ryan extended appreciation to all who volunteer to participate in citizen commissions to make the City a better place and provide great informational input and guidance to the City Council. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Kleven reported on her attendance at the following: • December 7, 2011, Capri Big Band Concert at the Brooklyn Center High School Auditorium during which Mr. Boganey performed with the band • December 3, 2011, Annual Toys for Tots Community Emergency Assistance Program (CEAP) breakfast • December 4, 2011, Holly Sunday activities • December 6, 2011, Brooklyn Bridge Alliance for Youth • December 5, 2011, Special Session of the City Council • December 8. 2011, Election Canvas Board Councilmember Ryan reported on his attendance at the following: • December 1, 2011, Metro Cities Forum • December 3, 2011, Toys for Tots CEAP breakfast • December 4, 2011, Brooklyn Center Centennial Time Capsule Reception • December 5, 2011, Budget Hearing • December 8, 2011, Local Canvass Board for the Special Primary Election Councilmember Ryan urged residents to learn more about the two candidates elected at the primary election for the Council vacancy. Councilmember Lasman reported on her attendance at the following: • November 30, 2011, meeting with Sue LaCrosse to prepare final details of the time capsule event • December 3, 2011, Toys for Tots CEAP breakfast • December 3, 2011, set up time capsule and prepare the exhibits • December 4, 2011, Holly Sunday events 12/12/11 -12- DRAFT • December 5, 2011, Budget Hearing • December 8, 2011, Local Canvass Board for the Special Primary Election • December 8, 2011, North Hennepin Chamber networking holiday gathering Mayor Willson reported on his attendance at the following: • December 3, 2011, CEAP breakfast for Toys for Tots • December 4, 2011, Holly Sunday events • December 5, 2011, Budget Hearing • December 8, 2011, North Hennepin Chamber holiday event 12. ADJOURNMENT Councilmember Kleven moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:03 p.m. Motion passed unanimously. j 12/12/11 -13- DRAFT City Council Agenda Item No. 6b i i COUNCIL ITEM MEMORANDUM DATE: January 3, 2012 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its January 9, 2012. 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 Bowling Centers, Inc. 6440 James Circle FIREWORKS — PERMANENT Big Lots 5930 Earle Brown Dr GASOLINE SERVICE STATION Brookdale Holiday 5710 Xerxes Avenue Brooklyn Center Service, Inc. 6849 Brooklyn Boulevard Holiday Stationstores, Inc. 42066 th Avenue N Qwest Communications 6540 Shingle Creek Parkway Royalty & Sons, Inc. 6044 Brooklyn Boulevard SuperAmerica 6545 West River Road 1901 57 Avenue N 6950 Brooklyn Boulevard LIQUOR — CLASS D ON -SALE INTOXICATING, SUNDAY, AND 2 A.M. CLOSING Oak City 2590 Freeway Boulevard MECHANICAL Chimney Caps Plus, Inc. 25123 Goodview Avenue, Wyoming Egan Company 7625 Boone Avenue N, Brooklyn Park JJJC, LLC 7964 Brooklyn Boulevard, Brooklyn Park New Market Mechanical, LLC 9025 West Highway 101, Savage Mission. Ensuring an attractive, clean, safe community that enhances the duality of life and preserves the public trust COUNCIL ITEM MEMORANDUM RC Heating & AC 4880 McAllister Avenue NE, St. Michael Tranwave Heating & Cooling, LLC 21205 Minnetonka Boulevard, Shorewood PUBLIC DANCE AMF Bowling Centers, Inc. 6440 James Circle RENTAL See attached report. TOBACCO RELATED PRODUCT Brookdale Holiday 5710 Xerxes Avenue N Brooklyn Center Service, Inc. 6849 Brooklyn Boulevard Cub Foods 3245 County Road 10 CVS Pharmacy 5801 Brooklyn Boulevard G & S Gerges Inc. 6804 Humboldt Ave N Holiday Stationstores, Inc. 420 66 Avenue N 6890 Shingle Creek Parkway Royal Tobacco 5625 Xerxes Avenue N Royalty & Sons, Inc. 6044 Brooklyn Boulevard Sun Foods 6350 Brooklyn Boulevard SuperAmerica 6545 West River Road 1901 57 Avenue N 6950 Brooklyn Boulevard Village Market Inc. 5808 Xerxes Avenue N Walgreen Company 6390 Brooklyn Boulevard Missron: Ensuring an attractive, clean, safe community that enhances the duality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3 +'units :. 0 -0:75 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3+ units I Greater than 0.75 but not more than 1.5 Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 3 + units Greater than 1.5 but not more than 3, Type IV — 6 Months 1 -2 units Greater than 8 3+ units Greater than 3 i License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit /Year) No Category 1 -2 0 -1 Impact 3 -4 ;units 0 -0;25 5 or more units 0 -0,35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 -4' units . `: Greater than 0:25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3 -4 units Greatet than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission. Ensuring an attractive, clean, safe conununily that enhances the quality of life and preserves the public trust Rental I.rcer�ses for,Council Appr©val on January 9, 2012 Property Final Previous Dwelling Renewal Code License Police License License Property Address Type or Initial` Owner Violations Type CFS* Type** Type*** 5341-43 Penn Ave N 13 Passed w/Weather Deferral Two Family(2) Initial Margery Schwab 6.5/Unit III N/A III 4212 61st Ave N Single Family Initial John Hostetler 1 II N/A II 3200 63rd Ave N Single Family Initial Kyle Nguyen 2 II N/A II 3306 65th Ave N Single Family Initial Yahya Osman 0 II N/A II 5524 Dupont Ave N Single Family Initial Nicholas Manthey 0 II N/A II 6001 Emerson Ave N Single Family Initial Keith Carrico 1 II N/A 11 5321 Fremont Ave N Single Family Initial Larry Norals 6 111 N/A III 5309 Humboldt Ave N Single Family Initial John Pillen 0 II N/A II 5619 Knox Ave N Single Family Initial Justin Jennrich 5 III N/A III 7218 Kyle Ave N Passed w/Weather Deferral Single Family Initial Xian Qiang Lin 1 II N/A II 6206 Scott Ave N Single Family Initial Mark&Cathy Cocker 0 II N/A II 5223 Xerxes Ave N Single Family Initial Joseph Noonan 4 11 N/A 11 7218-24 West River Rd Two Family(1) Renewal Arlene Johnson 2 II 0 11 N/T 2318 55th Ave N Single Family Renewal Helen Osonowo 5 III 0 111 III 5224 65th Ave N Single Family Renewal Pavel Sakurets 8 111 0 111 N/T 2813 66th Ave N Single Family Renewal Sufeng Zheng 7 111 0 111 N/T 6731 Bryant Ave N Single Family Renewal Chuma Ikeqwuani 7 111 0 III N/T 3819 France PI Single Family Renewal Robert Lindahl 0 1 0 1 N/T 5424 Fremont Ave N Single Family Renewal Bill McCrum 6 111 0 111 N/T 4746 Lakeview Ave Single Family Renewal Brian Meltzer 0 1 0 1 N/T 5449 Lyndale Ave N Single Family Renewal Dakota Communities 0 1 0 1 N/T 6900 Regent Ave N Single Family Renewal Houa Her 1 1 0 1 N/T 4207 Winchester La Single Family Renewal Gena Gaal 1 1 0 1 III *CFS=Calls For Service for Renewal Licenses Only(Initial Licenses are not applicable to calls for service and will be listed N/A.) **Final License Type ***Initial licenses will not show a previous license type;N/T indicates No Type since it was under the previous 2-year rental license progra All properties are current on utilities and property taxes Type I=3 year Type 11=2 year Type III=1 year City Council Agenda Item Noe 6c i i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 3, 2012 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 once again requested the City Council to designate Brooklyn Center Sun -Post to be the official newspaper for 2012. Brooklyn Center Sun -Post meets all necessary requirements for designation. Attachments: Resolution Designating Official Newspaper Minnesota Statutes Chapter 331A Budget Issues: The 2012 budget includes $7,000 for legal publications. Member introduced the following resolution and moved its adoption: 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 2012. January 9, 2012 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 I li ra newspapers December '2101 1 City of B rooklyn Center City r oU IVII 6301 Shingle= Creek Parkway Brooklyn Center, MN 55 Dear Cite Council Members: The Brookilyn Venter Sun.- PostWould like to be considered for designation as the legal nelivspa.per for the City of Br for the upcoming year. All published legal notices are posted on our website (www.minniocal.com' at no additional charge. This is an enhancement to the locai 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 n otices Wi the Sun - ost is our home delivery, Sun Newspapers has become the p rim ary source of corn nUnity news in the suburbs. Your notices in our paper have th ka best chanei: of being Seen and read. The rate struct for legals effective the first of the year Will be: 1 color; in width $ per inch for first ii use: on $5.99 per Mc:! for J t�r �i insertion s I Mere : re 1 11nes leer In ch Two notariZ a.ff;davi'ts on v'-ach of your oublications will be "'rev id✓d with no additional c harge. The Sun- is p' ;blisl car ;,e§ry Thursday. The deadline for red jular i- noth notices is 2 :00 p.m. the T hursday prior to pubiication. E- mailing the legal notices is an efficient send accurate way of getting the notices to us. The e -snail address for the legals department is su-niegaIsQd) if you require snore! in formation to rn your decision, c l - conta ^t me or Lisa Smith, our Le9gals Representative, at 052 -392 -6820. Thank you for considering the Sun -bast as the official nev,jspaper for the City of Brooklyn Center for the upcoming year. We appreciate the opportunity to serve the needs of your community. Sincerely, Jeff Coolrnan Vice President a nd Group Publisher 10917 VALLEY ViEw Roan 0 EDEN PRAIME 0 MrnnsoTA 55344 0 952 -829 -0797 0 Fax: 952 -941 -3588 I MINNESOTA STATUTES 2011 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 RFP. 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 office devoted primarily to business related to the newspaper, whether or not printing or any other operations of the newspaper are conducted at or from 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. Subd. 7. Public notice. "Public notice" means every notice required or authorized by 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; (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 Copyright 0 2011 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 MINNESOTA STATUTES 2011 331A.02 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; (b) if a daily, be distributed at least five days each week. If not a daily, the newspaper may 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; Copyright © 2011 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 3 MINNESOTA STATUTES 2011 331A.02 (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] 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. Copyright 0 2011 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 4 MINNESOTA STATUTES 2011 331A.04 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; ISp1985 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 182s8 -11; 2009c152s5 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 publication in a newspaper located in a designated political subdivision or area and no qualified newspaper is located there, publication shall be made in a qualified newspaper likely to give notice unless the particular statute or law expressly provides otherwise. If no qualified newspaper exists, then publication is not required. 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, subdivision 2, is not required to be published 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 method. The 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. 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. The governing body of a political subdivision, when authorized or required by statute or charter to designate a newspaper for publication of its public notices, Copyright © 2011 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. i 5 MINNESOTA STATUTES 2011 331A.05 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. 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 political subdivision with territory in two or more counties may, if deemed 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. (b) If the circulation of a newspaper 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 (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 Copyright © 2011 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. i I 6 MINNESOTA STATUTES 2011 331A.06 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. In addition to publication in the newspaper required to be designated under section 33 IA. 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 33 IA. 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 proceedings. Subd. 7. Errors in publication. If through no fault of the political subdivision, an error 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. Copyright 0 2011 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 7 MINNESOTA STATUTES 2011 331A.09 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 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 Copyright 0 2011 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 8 MINNESOTA STATUTES 2011 331A.12 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 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 Copyright 0 2011 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. i i 9 MINNESOTA STATUTES 2011 331A.12 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 form accessible by the public. History: ISp2003 c 19 art 2 s 56 Copyright 0 2011 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. City Council Agenda Item No. 6d i City of Brooklyn Center City Council Agenda Item Memorandum TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Services DATE: 4 January 2012 SUBJECT: Depository Resolution Recommendation: It is recommended that the City Council adopt the attached resolution designating depositories for the 2012 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 with a presence in Brooklyn Center as well as any banks with whom the City deals on a regular basis throughout the year. 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. Other financial depositories, such as the 4M Funds, are included because we are members of those depositories. Not all investment dealers /brokers are part of the City's current program but are authorized, after filing the appropriate Broker Certification Form, a requirement of Minnesota Statutes 118A, to transact business with the City of Brooklyn Center. If the City has no contact or activity with a dealer /broker during the previous fiscal year, that firm is removed not included in the succeeding year's list. All banks, depositories, investment dealers and brokers, with the exception of the Federal Reserve Bank of Minneapolis, are checked for certification by FDIC, SIPC or other certification as required by Minnesota Statutes 118A. All of this documentation is reviewed by the City's auditors during the financial statement audit each year. Changes in the resolution from 2011 to 2012 are: • RBC Dain Rauscher has changed its name to RBC Capital Markets, LLC • Morgan Stanley Smith Barney has been removed as the City has not transacted business with them in the last 5 years. Financial Impact: There is no direct financial impact. l I 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 over City funds that includes the safekeeping and disbursement of public monies; and WHEREAS, Section 7.10 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the City Manager and City Treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. That US Bank, NA is hereby designated as a depository for funds of the City of Brooklyn Center for operational banking and investment purposes. 2. That the following named bankers and brokers are hereby designated as additional depositories to be used for investment purposes: Federal Reserve Bank of Minneapolis Bremer Bank Wells Fargo Bank, N.A. TCF Bank Minnesota Municipal Money Market Fund (4M Fund) Minnesota Municipal Money Market Plus Fund (4M Plus Fund) RBC Capital Markets LLC Sterne, Agee & Leach, Inc Northland Securities UBS Financial Services Wells Fargo Advisors, LLC The City Treasurer is hereby authorized to deposit funds in accounts guaranteed by the Federal Deposit Insurance Corporation (FDIC), the Securities Insurance Protection Corporation (SIPC), successors of the FDIC or SIPC or other governmental institutions insuring the safety and liquidity of public monies. Funds deposited with designated depositories in excess of the insurance limits available through FDIC, SIPC or its successor institutions shall be covered by collateral in the form of government securities held in the City's name or other collateral proposed by the institution and approved by the City of not less than 110% of the value of the RESOLUTION NO. uninsured deposits. 3. That Wells Fargo Merchant Services is hereby designated as the clearinghouse for credit card transactions for City Hall, BC Liquor stores, Centerbrook golf course and the Earle Brown Heritage Center. 4. That Active Network is hereby designated as the clearinghouse depository for credit card transactions for the Community Activities, Recreation & Services Department. 5. Wells Fargo Institutional Trust Services is hereby designated as the safekeeping depository for investment instruments in the City's investment portfolio and as clearinghouse for the City's investment portfolio transactions. 6. That the City Council authorizes the City Manager, the City Treasurer, or the Deputy City Treasurer to act for the City in all of its business activities with these designated depositories. January 9 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. 6e i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 3, 2012 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, Northwest Suburbs Cable Communications Commission, 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, Northwest Suburbs Cable Communications Commission, 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 body or by City Council resolution. Some of the agreements require annual appointment, some 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, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION, PETS UNDER POLICE SECURITY PROJECT PEACE TWIN LAKES JOINT POWERS ORGANIZATION, AND MINNEAPOLIS NORTHWEST CONVENTION AND VISITORS BUREAU 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 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 the Northwest Suburbs Cable Communications Commission on September 24, 1979, and Article VI, Section 1, of the joint powers agreement states that the City Council of a member appoints Commissioners; and RESOLUTION NO. 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 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; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the North Metro Convention and Tourism Bureau, now known as Minneapolis Northwest Convention and Visitors Bureau, on September 8, 1986, and Article IV, Section 2, of the bylaws states that each member City may appoint one Director to the Board of 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 Dan Ryan The Brooklyn Bridge Alliance for Youth, Police Kevin Benner 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 Northwest Suburbs Cable Communications Commission, Council Tim Willson Northwest Suburbs Cable Communications Commission, Resident Vacant Pets Under Police Security, Director Kevin Benner Pets Under Police Security, Alternate Director Tony Gruenig Project PEACE, Director Kevin Benner Project PEACE, Alternate Director Curt Boganey Twin Lakes Joint Powers Organization, Director Kevin Benner Twin Lakes Joint Powers Organization, Alternate Director Tony Gruenig Minneapolis Northwest Convention and Visitors Bureau Tim Willson RESOLUTION NO. January 9, 2012 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. 6f i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager 1 FROM: Sharon Knutson, City Clerlc ` IY ► �A� DATE: January 3, 2012 SUBJECT: Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees. Background: Article V of the Brooklyn Center Firefighters Relief Association Bylaws states, ARTICLE V BOARD OF TRUSTEES 5.1 Composition. The Board of Trustees shall consist of nine (9) members. Six (6) trustees shall be elected from the membership of the relief association. There shall be three (3) officials drawn from the Municipality. The three (3) Municipal Trustees must be one (1) elected municipal official and one (1) elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. The Municipal Trustees must be designated annually by the city council of the Municipality. A resolution is attached for review and consideration. Budget Issues: There are no budget issues to consider. r i Member introduced the following resolution and moved its adoption: i RESOLUTION NO. RESOLUTION APPOINTING MUNICIPAL TRUSTEES TO THE BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION BOARD OF TRUSTEES WHEREAS, Article V of the Brooklyn Center Firefighters Relief Association Bylaws states that the Board of Directors shall consist of three (3) officials drawn from the Municipality; and WHEREAS, the three (3) Municipal Officials must be one (1) elected municipal official and one (1) elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved for 2012: Elected Municipal Official Tim Willson Elected or Appointed Municipal Official Dan Jordet Fire Chief Lee Gatlin January 9, 2012 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 i i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson City Clerk DATE: January 3, 2012 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. Member introduced the followin g resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS WHEREAS, the City Council has established a goal to promote the inclusion of all residents in Brooklyn Center's community life by emphasizing opportunities to include all residents in the community's activities and plans; and WHEREAS, the City Council recognizes that its cultural composition has changed significantly over the past two decades, with its ethnic population over half of its total population; and WHEREAS, Brooklyn Center is strengthened by the rich cultural diversity of its people, and welcomes individuals of all races, religions, and cultural backgrounds; and WHEREAS, each individual brings a part of his or her own heritage and over time each heritage becomes part of our common heritage, leading us to become a more united people; and WHEREAS, the City Council recognizes the vital contributions ethnic populations have made to the strength and diversity of our community and recognizes their rich legacy of ingenuity,perseverance, and achievement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following heritage celebrations and all other heritage celebrations reflected in Brooklyn Center's population are recognized for the purpose of encouraging our citizens to learn more about the history of ethnic populations and how they have contributed to the culture and heritage of our community: February African American History Month March 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 9 2012 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. 6h COUNCIL ITEM MEMORANDUM DATE: 5 January 2012 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Services 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. Mission: Ensuring an attractive, clean, safe community that enhances the qualify of life andpreserves the public bust i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION GRANTING CORPORATE AUTHORITY FOR TRANSACTIONS OF FINANCIAL BUSINESS MATTERS WHEREAS, specific individuals must be designated by the City Council as authorized to sell, assign and endorse for transfer various financial 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 9, 2012 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. 6i I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADJUSTING THE SALARY OF THE CITY MANAGER WHEREAS, the City Manager is under an employment contract with the City of Brooklyn Center entitled CITY MANAGER EMPLOYMENT AGREEMENT, dated as of September 25, 2006 ( "Employment Agreement "); and WHEREAS, Section 8(B) of the Employment Agreement provides that the City Manager's salary shall be increased to $119,000 effective July 1, 2007, if the City Manager's performance is deemed to be satisfactory and Thereafter, The Manager's salary shall be reviewed and considered at the same time as consideration of salary for other non -union employees of the City; and WHEREAS, a salary increase of 2% was approved for other non -union employees effective January 1, 2012; and WHEREAS, the Mayor has requested that the City Council consider the same increase for the City Manager effective January 1, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: The City ouncil in accordance with 8 B of the Employment A reement with City tY ( ) g Manager, authorizes a 2% increase to the current $126,247.68 salary of the City Manager effective January 1, 2012. January 9, 2012 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. 6j i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 3, 2012 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 11, 2012 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 11, 2012. 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 11, 2012. 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. City 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. i Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust F A 0 CANA DINNER sS Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 222, St. Paul MN 55101-5133 OF _R01 (651) 201-7507 Fax (651) 297-5259 TTY (651) 282-6555 WWW.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A I 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 N 3ROOKLYN CENTER MN 55429 NAME OFPRRSOKI h A KING APPLICATION BUSINESS PHONE HOME PHONE MICHELLE KARLSON, BOOKKEEPER (763) 561-5100 263-)561-5100 DATES LIQUOR WILL BE SOLD TYPE OF ORGANIZATION---- 2/11/2012 CLUB CHAR ITABLa RELIGIOIJS) OTHER NONPROFIT ORGANIZATION OFFICER'S NAME ADDRESS FR PETER CONNOLLY, C.Ss.R. same as above ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area, describe 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. CATHOLIC MUTUAL OF OMAHA APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CIT COUNT y DATE APPROVED CITY FEE AMOUNT LICENSE DATES EE PAID SIGNATURE CITY CLERIC OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT No Submit this form to the city or count) 30 days prior to event. For 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 (12/09) City Council Agenda Item No. 6k i COUNCIL ITEM MEMORANDUM DATE: January 3, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Amend 2012 City Council Meeting Schedule Recommendation: It is recommended that the City Council consider amending the 2012 City Council meeting schedule as follows: 1. Add Special Session at 5:00 p.m. on Monday, January 30, 2012, to canvass the returns of the Special Election 2. Reschedule the Board of Appeal & Equalization from April 16, 2012, to April 30, 2012, at 7:00 p.m. 3. Reschedule the Continued Board of Appeal & Equalization from April 30, 2012, to May 7, 2012, at 6:00 p.m. Background: Budget Issues: There are no budget issues to consider. a i I i Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust City Council Agenda Item No. 61 i COUNCIL ITEM MEMORANDUM DATE: January 3, 2012 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer Sys SUBJECT: Resolution Establishing the Interest Rate for 2012 Special Assessments Recommendation: Staff recommends that the City Council approve the attached Resolution Establishing the Interest Rate for 2012 Special Assessments at 6.0 percent. Background: Each year the City Council sets an interest rate for special assessments levied against properties 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 improvement 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 2012. The 2012 rate is consistent with the 2011 rate, which was also 6.0 percent. Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 2. We will ensure the financial stability of the City Hisslon: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING THE INTEREST RATE FOR 2012 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 for 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 2012 is hereby established at 6.0 percent. January 9, 2012 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. 6m COUNCIL ITEM MEMORANDUM DATE: January 3, 2012 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Resolution Establishing 2012 Street and Storm Drainage Special Assessment Rates Recommendation: Staff recommends that the City Council approve the attached Resolution Establishing the 2012 Street and Storm Drainage Special Assessment Rates for City street and utility improvement proj ects. Background: Each year the City Council establishes assessment rates for R1, R2, and R3 residential zoned properties based on the City's Special Assessment Policy. Within these zoning districts, the assessment rate for street and storm 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 storm 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" (see Section II — 2.10.2.B. 1.a.2). The ENR Construction Cost Index has experienced an average 12 -month annual percent change of 2.4 (2006), 1.5 (2007), 5.3 (2008), 0.3 (2009), 3.6 (2010) and 1.3 (2011). As a comparison, the Consumer Price Index has experienced an average 12 -month annual percent change of 2.4 (2006), 2.7 (2007), 3.7 (2008), -0.6 (2009), and 2.0 (2010) and 3.3 (2011, 11 month average). Based on the 2011 information above, staff recommends adjusting the special assessment rates by an increase of 1.3% for 2012, which will be an increase of $60 from the 2011 total assessment amount. This should continue to maintain the portion of street and storm 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 improvements that are assessed to adjoining RI, R2, and R3 residential properties. Budget Issues: Increasing the 2011 special assessment rates for 2012 would result in an assessment amount of $3,605 for street improvements and $1,082 for storm drainage improvements. The total assessment amount would be $4,687 per R1 single family residential lot in 2012 compared to $4,627 in 2011. The attached resolution provides the corresponding adjustments for R2 and R3 zoned properties based on the proposed unit assessment rate. Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 2. We will ensure the financial stability of the City Mission: Ensuring an attractive, clean, safe eommuniy that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING 2012 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 WHEREAS, the 2012 street and storm drainage assessment rates for Rl, R2, and R3 zoned districts are based on a specific proportion of 40 percent of the average cost for street and storm drainage improvements; and WHEREAS, the R4, R5, R6, and R7 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 R1, R2 or R3 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, 2012, shall be as follows: Land Use 2012 Assessment Rates R1 zoned, used as one - family $3605.00 per lot (street) site that cannot be subdivided $1082.00 per lot (storm drainage) Land Use 2012 Assessment Rates R2 zoned, or used as a two - family $48.0667 per front foot with a site that cannot be subdivided $3605.00 per lot minimum (street) $14:4267 per front foot with a $1082.00 per lot minimum (storm drainage) i RESOLUTION NO. R3 zoned (per unit) Assessable frontage x $48.0667 (street) Number of residential units Assessable frontage x $14.4267 (storm) Number of residential units 3. The residential assessment rates for street and storm drainage reconstruction shall not apply to R4, R5, R6 or R7 zoned districts. The assessment rates for street reconstruction for R4, R5, R6 or R7 zoned property shall be based on an evaluation of the project cost and the project benefit for each project. January 9, 2012 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. SECTION H - GENERAL POLICIES City Council Code of Policies to the next intersecting street exceeds 700 feet, or when it is determined that a special public safety benefit would accrue. 2,. 1® 2.. B. Assessment Formula for Surface Improvements The assessments to be levied against properties within the benefited areas shall be distributed to those properties on the basis of the following provisions: 1. Residential Streets a. For residential properties zoned Rl, the assessment to be applied against each non - subdividable property shall be a unit amount established annually by the City Council. Said assessment is intended to represent a specific proportion of the average cost of making a typical improvement, such as the average cost of reconstructing a typical block of residential street. For properties which may be legally subdividable into two or more lots, the assessment to be applied shall equal the maximum number of lots allowable times the unit assessment. The assessment shall be calculated as follows: 1. For reconstruction or resurfacing'of a residential street, the average cost of a typical similar project shall be multiplied by the Council's designated proportion to be assessed. The total assessed shall be divided by the average number of lots to be assessed to determine the unit assessment. 2. Absent any other policy changes, such as an increase in the proportion of cost to be assessed, the unit assessment shall be adjusted annually to reflect cost of living increases as measured by the Construction Index. b. For residential properties zoned R2, the assessment shall be applied on a front foot basis, said unit being calculated as follows: The RI unit assessment shall be divided by 75 feet, to determine the front foot rate. The minimum assessment for an R2 property shall be the R1 unit assessment. C. For residential properties zoned R3, the assessment shall be applied per unit on the following basis. The R2 front foot rate shall be multiplied by the total feet of frontage to determine the total benefit. The total benefit shall be divided by the total number of units in the development to determine the unit rate. d. For R4 to R7 properties, commercial, industrial, institutional, or special use properties, the benefits and resulting assessments shall be. determined on an individual project basis. City of Brooklyn Center 06/08/09. Page 213 City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM DATE: January 5, 2012 TO: City Council FROM: Curt Boganey, City Mana SUBJECT: Presentation of NLC Silver Level Award of Certificate of Achievement Recommendation: City Council member Lasman will be present to receive her award for meeting the criteria to receive the Silver: Leadership Executive Award Background: The National League of Cities has established a Leadership development program to strengthen and promote the leadership capacity of local officials. There are five levels of recognition. The Silver Award is the second level of accomplishment requiring 36 credits of qualified training activities. I have enclosed a copy of the overall program for your information. Budget Issues: There are no budget issues to consider. Council Goals: Ongoing: t. We will provide streamlined, cost effective, quality services with limited resources 2. We will improve the image of the City with citizens and those outside of the City's borders i Mission: Ensuring nu attractive, dean, s• { rifer communitr that enhances the quality of life curd pre serves the furhlic trust �1!L ",11111'111 , f� vemeDl teade Pshup s l I m , 11 ti wi l } 1P I R �, 1 0 6 �V 12 A �., ft I I 0 w/ cm Ir V � ur, or co, V� c 1� P � fl r [ ;D) L01 o, CL�� The National League of Cities (NLC) is committed to strengthening and promoting the leadership capacity of our nations' local officials.As part of the NLC mission to create stronger communities, the Leadership Training Institute (LTI) was established to provide local officials with professional development opportunities that enhance the vital personal skills and abilities needed to facilitate positive change and innovation within their communities. Promoting excellence and innovation in local officials' leadership is the foundation of the Leadership Training Institute. As part of an ongoing commitment to recognize and --`` acknowledge excellence in leadership, LTI developed the Certificate of Achievement in Leadership Program. Local officials participate in a variety of leadership development programs and activities offered by LTI to earn a Certificate of Achievement. These programs include the LTI seminars conducted at the Congress of Cities and the Congressional City Conference, the Leadership Summit, and 2 -day Leadership Training Institute Programs, as well as other NLC sponsored national conferences and seminars. Participation in this program allows local officials to organize their pro- fessional development around the critical skills necessary for excellence in leadership. Leaders who participate in the Certificate of Achievement in Leadership Program receive the on -going training necessary to lead their communities in the 21st Century. i Progr O utfi rne The underlying ph ilosophy of the Certificate of Achievement in Leadership Program is that leadership cannot be learned and developed solely in the classroom. Leadership skills and effectiveness are honed through application. True leadership is seeing what is needed and taking the action to make it happen. Certificate of Achievement in Leadership Program participants must officially enroll in the program by completing the form in this brochure. Participants are not charged a fee to participate in the program; however, you must notify your State Municipal League of your enrollment. as Weff P's Each LTI seminar is allocated a specific number of credits in a defined d/eve[lo ed gn?y competency area.The number of credits offered for different LTI co nfiigmac e and seminars varies depending upon the length and concentration of each individual training seminar. Additionally, some of the LTI seminars may ���v� ®u��� cover more than one competency area. 0,7bfflgae,�)' b� &9�g d need t® The Certificate of Achievement in Leadership Program provides increasing levels of recognition for participants. As such, each level of pv°®pergy addyresc, achievement requires that a specified number of credits are earned 9be imm he across all competency areas.As a local leader attains a higher level of achievement, the certificate program also requires applied leadership my COTIN' amfluery. 319 on a Regional, State and National level, as well as in the Leadership Mentor program. Kathleen Novak Mayor IVorthglenn, CO 2009 NLC President ► a q L d hip) Dave j pwanfl uOmpetenc The Certificate of Achievement in Leadership Program is built on five core leadership competency areas that are essential for local leaders. The five competency areas are... General leadership theory, personal leadership qualities 0 and characteristics. Leadership skills that are necessary to build personal character, courage and credibility; make decisions and exercise sound judg- ment. Skills that focus on general leadership theory; personal leadership qualities and characteristics including the development of strong values and means to achieve balance in your personal, political and professional life. i Technical skills and knowledge specific to local government r leaders. Technical leadership skills and knowledge needed to assess and understand particular issues, challenges, and opportunities that affect local governance. Proven techniques of effective leadership in municipal government, strengthening council effectiveness, council- manager relations and promoting your community. Skill in effective interpersonal interaction. � 1 Skills that expand and enhance a leader's ability to effectively communicate a clear message, crucial values and priorities of the individual as well as the full governing body and entire community. Provides both the tools and the skills to improve personal and interpersonal communications, public speaking and individual listening skills. Presents successful techniques to handle tough interviews, difficult situations, as well as a local official's guide to effective media relations including TV, radio and print. i T-Rk�qj' V IRS Ir lk' NG I Skill in developing and promoting partnerships. 0 Leadership shills that bring about the ability to influence and inspire others to build partnerships, resolve conflicts, achieve i objectives, and effectively communicate the values and priorities of the governing body and the constituents as a cohesive community. Skills that expand the ability to develop meaningful, relevant and exceptional experiences for peers and constituents while integrating exemplary public service, high quality programs and services and personalized benefits. Skill in motivating, promoting change, and future orientation. Leadership skills that foster innovation within individual leaders and others; ability to identify trends, practices, and opportunities that can affect the future of your community; ability to manage change and be a change agent; ability to stay ahead of changing needs and desires of peers and constituents. v5 I Loo cd camh Dove � fi pmr" —W Credi Credits are earned through participation in leadership development programs offered by LTI.The number of credits earned is appropriate to the scope and intensity of the training.The Certificate of Achievement in Leadership Program issues credits as follows: a WWI Annual Leadership Summit ............................ .............................10 LTI2 -day seminar ............................................ ..............................8 LTI1.5 -day seminar ......................................... . .............................6 LTI1 -day seminar ............................................ ..............................4 LTI.5 -day seminar ........................................... ..............................2 Submission of a Leadership Article ................. ..............................1 l.cyru�4 e':�ft' ��F'.�Il Ill It tvt Cpe an,ey we e iii % Ir ens Vflg ?pt, rpjy & &&,y §§fe, �� f �h Eg n h as �c 7lll ®�'t��r� � � ✓ACT IG�'rL � ° ©g�v�zr�a�, Tl b.' aVe rt7jV)aYq &,C-n gjjfWC��L/o s9 James Hunt, 2006 NLC President Councilmember, Clarksburg, WV � I Quflck UhM to You L Transcript t*ml Or I f- ssn III e C. w C-1- 1 r r: I W -17 If-mll 1711 W-417 OIT" rk"j T :7. 0!1 a rt - �2 Ga L em 24U IV b I tm ;:n; Cc TL 1.v-awwi "E C-,T rpE,74 E JU T ,o 2 -20T. CYC L V. rta Mv-d R�i I La LF. C, Rv� FaE S- r a b A G ---al t--nj. w-- t E -3 - rt r LLFL L 21W �LIRII 1UPAT-1 A LE.;J..O z b�Fryz? Lk tvvg D 11 riliI Kffit 17 t fcl ft. 3 Fa f+� K'n Tjl u*pljs j x u Lclal 3 W-,L �C- bi I Z-'IE Aik=% Kwj ir, L - f, lu�,:l Flrjx, 1!' Ne" Gnm r cap Lv v 1 0,Nm , ff?" i He ure m e IN The Certificate of Achievement in Leadership Program offers five levels of achievement and recognition in an effort to make the program both obtainable and engaging to local officials at any point during their term of public service. Recognition levels within the Certificate of Achievement in Leadership Program are: BVUHM Leadership Fellow N SflVer: Leadership Executive Gold: Leadership Ambassador G' Minnrfl: Leadership Statesman u ©iaimu ad: Leadership Regent BR ONZE: LEADERSHIP FELLOW 16 M 1 e 1 year SILVER: LEADERSHIP EXECUTIVE 36 Min. 2 each 2 years GOLD: LEADERSHIP AMBASSADOR 50 Min. 3 each 3 years • NLC member City` • State or Regional Leadership role PLATINUM: LEADERSHIP STATESMAN 67 Min. 4 each 4 years • NLC member City • National Leadership role DIAMOND: LEADERSHIP REGENT 80 4 credits On- going; • NLC member City annually in any Renewable • Active NLC Mentor role competency area annually You must complete the Platinum leadership level prior to obtaining the Diamond level. In order to achieve the Gold Hatinum, and Diamond levels, your city must be a member of the National League of Cities. 6 I NLC tracks enrolled participants' involvement in the Certificate program. An enrolled participant may request a transcript of their completed Leadership Training Institute seminars and credits earned at any time. Program participants will be notified by the Leadership Training 1� tSCP IID-(7,7ppBand Institute when they have attained the Bronze, Silver, Gold, Platinum, and 'Eevel man Diamond levels of achievement. Once participants are notified, they are required to complete and return the Certificate Requirement Form to egttr'jb MOD 0d the National League of Cities. lk&? 2007, Additional Requirements for Gold, Platinum and Diamond Levels br Pep Velp wIfs Lr ® Once participants have reached the Gold, Platinum, and Diamond Levels, they are required to put leadership into action and complete additional leadership requirements outside of the classroom in a demon- strated leadership capacity j®&,7p achy e17, In addition to the Certificate Requirement Form, program participants pHeg,790r newer qualifying for the Gold, Platinum, and Diamond levels of recognition vier eiwbep s irtl must submit a resume outlining their leadership activities that fiilfill the ol direct additional requirements for those levels.A Leadership Training Institute sub- committee will review and approve the submissions. fade �J��wpe Requirements vary by level as follows: Gold: Serve in a state or regional leadership role, outside F - ; of your role as a elected official in your city or town. Examples of past accepted roles include: - - • Regional Board or Commission • Leadership role in State Municipal League haldli u Serve in a national leadership role, outside of your role as a local official beyond the regional and state level. E_ Examples of past accepted roles include: • National League of Cities Policy, Steering, or Standing Committee • Board Member or Trustee for a national organization /association © mnor d.' Serve as a National League of Cities Mentor each year to maintain your Diamond level status. Contact the Leadership Training Institute to discuss mentoring opportunities. i L acolarsho�n� ime"tor Program Established in 2007 by the Leadership Training Council, the Mentoring Program is a means for members to experience direct contact with other members, and to ensure a strong connection with the Leadership Training Institute and the National League of Cities. Why Mentoring is Important to LTI and NLC As a leader, you have a unique opportunity to bring the power of men - toring to peers within your state and across the country. The National League of Cities commitment to direct member -to- member contact can be attained through the Leadership Training, Institute's Leadership Mentor Program. Mentors provide those they mentor with an Iii ! experienced friend who is always ready to help. By taking the time to guide another member through the Leadership Training Institute Mentor Program, you provide them with a one on one relationship they may not have otherwise had the opportunity to experience. An experi- ence that is sure to leave a positive impact to resonate within their entire community. Role of a Mentor t All mentors have one thing in common: they care about I helping people achieve their potential. By sharing your t, experiences with collegues through the Leadership Training Institute Mentor Program, you can encourage positive choic- es, promote continuing educational achievement, and intro- duce your peers to new ideas. When the tool of change and growth involves a close relationship — as is the case with mentoring — those involved should proceed with care.The risks, growth, and advancement are proportional to how long the relationship endures.The longer a relationship lasts, usually the closer the bond and the greater benefit. Mentoring: Diamond Level Requirements Once participants have reached the Diamond level, they have gained a vast amount of knowledge and have built strong peer relationships that have blossomed into supportive friendships. All of which could be beneficial to share with someone who is new to the program. The Diamond Level in the Certificate of Achievement in Leadership program requires that participants be involved in the Leadershi p g Trainin Institute Mentor Program. For more information on how to become involved in the Leadership Mentor program, please contact the Leadership Training Institute. A1711 tlgern fi®u s &Ve ®rye a� � 9bling i th' ey Came abamg fSelping POOP l0 Vveh Mve M i Recognition I The five levels within the Certificate of Achievement in Leadership F&DEKS6#1F Program and the attendant recognition they offer include: Tb �l l M- �stir.. L � i 1� 1 IRi all 11�' 1 Bronze Certificate of Achievement and press release prepared for the local community newspaper. Silver Certificate of Achievement, Proclamation from the National League of Cities, and press release prepared for the local community newspaper. Gold Certificate of Achievement, Proclamation from the National League of Cities, and press release prepared for the local community newspaper. h Platinum Certificate of Achievement, Proclamation from the National League of Cities, a press release prepared for the local community newspaper, and an article in Nation's Cities Weekly. Diamond Certificate of Achievement, Proclamation from the National League of Cities,a press release for the local community newspaper, article in Nation's Cities Weeldy, and the Diamond level pin. The Leadership Training Council will recognize those recipients who have completed certificate requirements at either the Congressional City Conference or the Congress of Cities, whichever follows the enrollees' completion of certificate requirements. Diamond certificate recipients will be recognized once a year at NLC's annual Congress of Congress of Cities. Enrollees will not he recognized at the same conference where they have completed the certificate requirements. f En rollment Form Enrollment in NLC's Certificate of Achievement in Leadership Program is required. Please fill out the enrollment form below. [Please Printj - - 13 a chl vemenrfi�,e Name: leadershi / � Title: PIROGR"K Address: City State: Zip Code: Telephone: Fax: E -Mail: Please complete this form and fax to: National League of Cities. Attn: LTI Certificate Program - (202) 626 -3043 For further assistance, please call the LTI Hotline at (202) 626 -3170. National League of Cities 1301 Pennsylvania Avenue, NW, Suite 550 Washington, DC 20004 www.nlc.org 9 LEADERSHIP TRAINING INSTITUTE The principal mission of the Leadership Training Council (LTC) is to provide guidance and direction to National League of Cities' Leadership Training Institute and serve as a vehicle for National League of Cities Leadership positions. I u��e'vidled we 91QO wecessacpy SUM t® &,7rd..l V; Pi y e eel, ®ffl7 C§el,7Co 'Erf is Providing Me Ehanked Offidd Me gl,ffl, t7o P� 'OV§, � Pf &fle SSeP - 07 jCe [IV) b7fS0vP° Cj [fj7OP&g &y vGv':7 e��e�Ll�z7y ®ff hife, awdi 11se dey they repmexil." James Mitchell, Jr. Councilmember, Charlotte, NC -i a� s�,°ak;; s !...., �� � .. -#�iEw � fis�srk �ti fit.` dt.'+ c ° 'Ate t k t4k- : v 1W It -f or %,21%, ti City Council Agenda Item No. 7b i I { COUNCIL ITEM MEMORANDUM I DATE: January 3, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Resolution Expressing Recognition and Appreciation of Allan Hancock for His Dedicated Public Service on the Northwest Suburbs Cable Communications Commission Recommendation: It is recommended that the City Council consider adoption of a Resolution Expressing Recognition and Appreciation of Allan Hancock for His Dedicated Public Service on the Northwest Suburbs Cable Communications Commission. Background: Allan Hancock served on the Northwest Suburbs Cable Communications Commission from January 25, 2010, to December 31, 2011. 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. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ALLAN HANCOCK FOR HIS DEDICATED PUBLIC SERVICE ON THE NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION WHEREAS, Allan Hancock served on the Northwest Suburbs Cable Communications Commission from January 25, 2010, to December 31, 2011; and WHEREAS, his leadership and expertise have been greatly appreciated by the Northwest Suburbs Cable Communications 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 Allan Hancock 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. 'll January 9, 2012 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. 7c y i COUNCIL ITEM MEMORANDUM DATE: January 3, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk AOM Ka SUBJECT: Resolution Expressing Recognition and Appreciation of Rachel Morey for Her Dedicated Public Service on the Planning Commission Recommendation: It is recommended that the City Council consider adoption of a Resolution Expressing Recognition and Appreciation of Rachel Morey for Her Dedicated Public Service on the Planning Commission. Background: Rachel Morey served on the Planning Commission from December 13, 2010, to December 31, 2011. 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. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF RACHEL MOREY FOR HER DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION WHEREAS, Rachel Morey served on the Planning Commission from December 13, 2010, to December 31, 2011; and WHEREAS, Rachel Morey has made significant contributions as a member of the Planning Commission, including review of land use, redevelopment, platting, rezoning and special use applications, plan approval, variances, and review of the Comprehensive Plan; and WHEREAS, her leadership and expertise have been greatly appreciated by the Planning 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 i 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 Rachel Morey 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 9, 2012 Date Mayor ATTEST: City Cleric 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: p g g and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8a i I COUNCIL ITEM MEMORANDUM DATE: January 5, 2012 TO: City Council FROM: Curt Boganey, City Mana SUBJECT: Ordinance Amending City Code Section 12 -910, Paragraph 7 Recommendation: It is recommended that the City Council consider approval /adoption of the proposed Ordinance Amending City Code Section 12 -910, Para.7 Background: The proposed ordinance is intended to allow application for a new rental license for a property with a revoked license prior to the end of the revocation period. The Current ordinance prohibits such an application. This ordinance was first reads on November 28 2011. The proposed ordinance has been published and scheduled for second reading on January 9 2012. At the November there was some discussion regarding the timing that a new application may be received. In order to address this issue the Attorney has prepare an amendment to the original proposed ordinance (see Alternate A). This alternate adds the following language, The Council shall specify in its written decision the date when an application for a new license will be accepted for processing_ This language provides clarity to potential applicants and it can assure that a reasonable time as determined by the Council has expired before a new application is submitted. Budget Issues: There are no budget issues to consider. Council Goals: Select not more than two. Strategic: 1. We will stabilize and improve residential neighborhoods illission: Ensuring an attractive, clean, safe community that enhances the quaiitV t f life anti preserves the public trust Alternate A CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2011, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to signs in the City. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 763 -569 -3303 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO LICENSING OF RENTAL PROPERTIES; AMENDING BROOKLYN CENTER CITY CODE SECTION 12 -910, PARAGRAPH 7 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: i Section 1. Brooklyn Center City Code, Section 12 -910, Paragraph 7 is amended as follows: I 7. License Actions, Reapplication. a. Suspension Licenses may be suspended for up to ninety (90) days and may, after the period of suspension, be reinstated subject to compliance with this Chapter and any conditions imposed by the City Council at the time of suspension. b. Revocation Denial Nonrenewal Licenses that are revoked will not be reinstated until the owner has applied for and secured a new license and complied with all conditions imposed at the time of revocation. Upon a decision to revoke, deny or not renew a license, no approval of anv application for a new license for the same facility will be aeoepted f • effective until after the period of time specified in the Council's written decision, which shall not exceed one year. The Council shall specify in its written decision the date when an application for a new license will be accepted for processing. decision not to renew a license may take the form of a suspension or revocation. A decision to deny an initial application for a new facility will not take the form of a suspension or revocation unless false statements have been made by the applicant in connection with the application. A decision to deny an initial application shall state conditions of reapplication. C. Reinstatement Fees All new applications must be accompanied by a reinstatement fee, as specified by Council resolution, in addition to all other fees required by this Chapter. Section 2. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. 395055v2 CLL BR291 -4 1 [ Double underlined material is new. pek material is deleted.] Adopted this day of , 2011. Tim Willson, Mayor ATTEST: Sharon Knutson, City Clerk Date of Publication: Effective Date: 395055v2 CLL BR291 -4 2 COUNCIL ITEM MEMORANDUM DATE: November 23, 2011 TO: Brooklyn Center City Council FROM: Curt Boganey, City Manag� SUBJECT: Ordinance Amending City Code Section 12 -910, Paragraph 7 Recommendation: It is recommended that the City Council consider approval /adoption of the proposed Ordinance Amendment on first reading and set a second reading for January 9, 2012. Background: j This item has been prepared and placed on the agenda for your consideration in response to a citizen request. The request is scheduled for discussion on the Work Session Agenda. Currently, the City code prohibits acceptance of an application until after the revocation period has expired. The effect of strict adherence to the Code means that the license revocation will extend beyond the original revocation period by at least 30 days and any some cases several months. The effect of this amendment if adopted will make it possible for the owner of a rental property with a revoked license to submit an application for consideration prior to the end of the revocation period. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 3. We will stabilize and improve residential neighborhoods Ongoing: 1. We will .provide streamlined, cost effective, quality services with limited resources Hission: Ensuring an attractive, clean, safe community that enhances the quallty of life and preserves the public trust i i i ORDINANCE NO. Section 2. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2012. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Stri indicates matter to be deleted, underline indicates new matter.) I I City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 3, 2012 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: I 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 (first elected November 5, 1996) • Dan Ryan (first elected November 7, 2006) • Carol Kleven (first elected November 2, 2010) 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 tem 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 I Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION NO. 92 -262 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 tem 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. N o v ember 23, 1992 Date Todd Paulson, Mayor ATTEST: . Deputy Clerk 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. 10b COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson City � Clerk4� DATE: January 3, 2012 SUBJECT: Resolution Declaring Commitment to the Brooldyn 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. �'I i 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. i i 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. 2. To rededicate itself to the checks and balances of the City Charter that keep 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 l agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council/Manager responsibilities. January 9, 2012 Date Mayor ATTEST: City Cleric 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. lOc COUNCIL ITEM MEMORANDUM i TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk J DATE: January 3, 2012 SUBJECT: Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City RepresentativesNoting Delegates for Other Organizations for 2012 Recommendation: Mayor Willson e- mailed requesting that the City Council ratify the following appointments for 2012: Commission /Organization Council Member Financial Commission Dan Ryan Housing Commission New Council Member Park and Recreation Commission Carol Kleven Crime Prevention Program Kay Lasman Earle Brown Days Committee New Council Member; Tim Willson — Alternate North Hennepin Area Chamber of Commerce Carol Kleven Metro Cities Tim Willson; Dan Ryan — Alternate League of Minnesota Cities Dan Ryan; Tim Willson — Alternate Background: At the fast 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 2011, Council Members were appointed as follows: Commission /Organization Council Member Financial Commission Tim Roche Housing Commission Carol Kleven Park and Recreation Commission Dan Ryan Crime Prevention Program Kay Lasman Brooklyn Center Special Events Committee Kay Lasman; Tim Willson — Alternate Earle Brown Days Committee Dan Ryan; Tim Willson — Alternate North Hennepin Area Chamber of Commerce Carol Kleven Metro Cities Tim Willson; Dan Ryan — Alternate League of Minnesota Cities Tim Willson; Tim Roche — Alternate Budget Issues: There are no budget issues to consider. City Council Agenda Item No. 10d i COUNCIL ITEM MEMORANDUM DATE: January 9, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, Cit y Clerk SUBJECT: Type IV 6 -Month Provisional Rental License for 280166 1h Ave N Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6 -Month Provisional Rental License and Mitigation Plan for 280166 1h Ave N. If the Council chooses not to issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license and draft said resolution for the next Council meeting. Background: This owner is applying for a renewal rental license. This property qualifies for a Type IV provisional rental license based on ten property code violations found during the initial rental license inspection and zero validated police incidents /nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a,mitigation plan, which requires Phase I,11 and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 09 -06 -11 Xian Qiang Lin, agent for Prosperous Property, Inc. applied for renewal of the rental dwelling license for 280166 th Ave N, a single family dwelling. 09 -16 -11 An initial rental inspection was conducted. Ten orders were cited, see attached rental criteria. 09 -30 -11 A second rental inspection was conducted and failed 09 -30 -11 City records indicate zero validated police incident /nuisance calls occurred in the past twelve months. 09 -30 -11 The rental license expired. 10 -03 -11 An extension was requested and granted since tenants were vacating the property. 10 -05 -11 The property was posted as unlicensed. 11 -14 -11 A follow -up inspection was conducted and passed. 11 -22 -11 A letter was sent to the owner(s) notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12 -05 -11 A Mitigation Plan was submitted. 12 -16 -11 The Mitigation Plan was finalized. ITH. iorz: Ensuring an attractive, clean, sgfe conimunity that enhances the quality of life and preserves the public trust I I COUNCIL ITEM MEMORANDUM If approved, The license process will begin roved after six months anew rental license is required. pP p g immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and /or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and /or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and /or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and /or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar Mission: Ensuring an attractive, clean, safe coninuinity that enhances the quality of life ruin preserves the puhlic trust COUNCIL ITEM MEMORANDUM month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification 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. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Hisslon: Ensuring an attractive, clean, safe conintuni(v that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3+ units 0 70:75` Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3 +'units ° " Greater than 0.75 but not more than ",1:5 Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 3+ %nits Greater An but nofmore.than.3' Type IV — 6 Months 1 -2 units Greater than 8 3 +units" Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit /Year) No Category 1 -2 0 -1 Impact 3 -4 units 0 -(1.25 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 -4 units Greater than 0.25 but not more than l 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 34'units Greater "than 1" 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe community that enhances the quality of life anal preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: We will ensure a safe and secure community We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust ' � ^ . . City of Brooklyn Center Phone: 76**69-3300 nr711 6301 Shingle Creek Parkway Fox. 763-569-3360 Brooklyn Center, mw5so3o'z1yo w*w/cityoftmmx*oo,nterum Rental License Mitigation }quo'-T}poD/ Rental License Handwritten plans ivill not he accepted. Please type or usefillableforin on City website. Ter 888 Based on property conditions and/or validated police nuisance incidents, the above referenced | qualifies for u Type lvRental License. Before your license application can O: considered hy t City Council, \ a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mi Plan must be submitted immediately to ensure timely completion ofthe license app process, The Mitigation ( should i uic uu steps b mkvo to correct aemouo viola and the that will xv taken m ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an ' . ~ rev prope conce and i d e nt i fy poss solu ~ improve t he o co a management o« the property. NoT/co. Time is nut--xvu must TAKE ACTION NOW iu or mmeet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Submit the following documents with the Mitigation Plan for approval: I . Crime Free Housing Program Training Certificate (ifcompleted, ifnot completed, picase include scheduled date in Section C. 2. Copy ofLease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by I O' of each month (after license approval). F_,/_1 i. Use written lease including Crime Free Housing Lease Addendum. F 7 � 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if LZJ requested. 3. Pursue the eviction of tenants who violate the terms ofthe lease or any addendums. Page Type w Mitig Plan Rev 11-z6-z1 j I = 4. i 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 02/17/ or Date Course Scheduled: Pha II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. I I Date Scheduled: 1 Improvements to be completed by Z I ` -` Phase III —' C � I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 01 & 03/08/12 Do these two meeting dates occur before the *Pending Type IVLicense expiration date? 0 Yes ❑ No ( *See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal, I will have no repeat code violations previously documented within the past year. Forproperties with four or more units: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections, Date Last Replaced Estimated Replacement Date Furnace /AC- unkown 2025 Water Heater- unknown 2020 Kitchen App liances- (stove and refrig is 2 years old) <---- - - - - -- 2013 Laundry Appliances- (washer is new, dryer is 2 years old) <---- - - - - -- 2013 Exterior - Paint/Siding, fascia, trim Siding /roof r replaced 2009 2035 - Windows replaced in 2009 _ 2009 2020 -Roof repla 2009 _ - 2009 2035 -Fence u nknown ? 2014 - Shed none none none - Garage u nknown ? 2025 - Driveway unkown ? 2025 - Sidewalks unkown ? 2020 Smoke Alarms &Carbon Monoxide Alarms October 201 2017 Oilier s l ift " .. Implementing the following best practices may assist in the management of your property. By clseeking the boxes below, you agree to: �✓ 1. Check in with tenants every 30 days. 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11 -16 -11 f I a v 3. Evict tenants in violation of the lease and all addendums. 4. Provide lawn/snow service. 5. Provide garbage service. ® 6. Install security system. 7. Provide maintenance service plan for appliances. Name of service co.: ED 8 . I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9. Other(s): _ Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10' of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. i I verify that all information provided above is true and accurate. I understand that if do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. Xian Qiang Lin Owner or Agent Name and Title (Please Print) /tL pvon Agent ignature Da Additional Owner or Agent Name and Title (fopplicable) (Please Print) Additional Owner or Agent Signature (iij'applicable) Date For City t se- M ti_ation Phin Appnwed By: Police Department / Title Date Building & Community Standards Department / Title Da e Page 3 Type IV Mitigation Plan Rev 11 -16 -11 I I City Council Agenda Item No. 10e i COUNCIL ITEM MEMORANDUM DATE: January 9, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6 -Month Provisional Rental License for 7143 France Ave N Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6 -Month Provisional Rental License and Mitigation Plan for 7143 France Ave N. If the Council chooses not to issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license and draft said resolution for the next Council meeting. Background: This owner is applying for a renewal rental license. This property qualifies for a Type IV provisional rental license based on nineteen property code violations found during the initial rental license inspection and zero validated police incidents /nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type 1 IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. I The following is a brief history of the license process actions: 07 -12 -11 Yi Lin applied for renewal of the rental dwelling license for 7143 France Ave N, a single family dwelling. 08 -17 -11 An initial rental inspection was conducted. Nineteen orders were cited, see attached rental criteria. 09 -20 -11 A second rental inspection was conducted and failed. 10 -03 -11 A follow up inspection was conducted and failed. 09 -30 -11 The license expired. 10 -05 -11 The property was posted as unlicensed. 11 -07 -11 Reinspection fees were paid and the inspection passed. 11 -22 -11 City records indicate zero validated police incident /nuisance calls occurred in the past twelve months. 11 -22 -11 A letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12 -06 -11 A Mitigation Plan was submitted. Mission: Ensuring an attractive, clean, srtfe contnu tdi v that enhances the quality of life and preserves the public trust l COUNCIL ITEM MEMORANDUM 12 -16 -11 The Mitigation Plan was finalized. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and /or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and /or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and /or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar I Mission: Erisrrrirtg art attractive, clean, s(t cornnurrd�v that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification 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. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Alission: Ensuring an attractive, clean, safe coninuinkv that enhances the quality ofiffie and preserves the public trust i COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3+ units 0-0.75 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3+ units Greater than035 but not more than.l.5, Type III —1 Year 1 -2 units Greater than 4 but not more than 8 3 +units Greater than;l .5 ' but not pore than 3 Type IV — 6 Months 1 -2 units Greater than 8 3 +units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit /Year) i No Category 1 -2 0 -1 Impact 3' 4 units . 0 -0.25 5 or more units 0-0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 =4 units Greater than 0:25 abut not more than l 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3 -4 units Greater than a 5 or more units Greater than 0.50 Mission: Ensuring run attractive, clean, safe contnuennity that enhances the quality of life and preserves the public trust i COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: is Strategic: We will ensure a safe and secure community We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, dean, safe conintunity that enhances the quality of life andpreserves thepublic trust i MT City of Brooklyn Center Phone: 763 - 569 -3300 TTY711 6301 Shingle Creek Parkway Fax: 763- 569 -3360 Brooklyn Center, MN 55430 -2199 www.cityofbrookiyncenter.org Rental License Mitigation PIan --Type IV Rental License Handwritten plans will not be accepted. Please type or use fellable form on City website. Sec>'ian -Pi er"formation Property Address 7143 France Ave N, Brooklyn Center, MN 55430 Owner Name Lin Local Agent Khai Hong Lim Properties Owner Address: Agent Address: 12776, Parkwood Drive,Baxter MN 56425 1748 McMenemny St,Maplewood, MN 55117 Owner Phone: 218- 838 -8888 Agent Phone 612- 237 -8283 Owner Email jasonlam218 @yahoo.eom Agent Email seanlim2000 @msn.com Rental License: R New J Renewal: Current License Expiration Date: Sept 30, 2011 *Pending Type IV License Exp. Date: March 31, 2012 Six months from current license ex iration Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with'City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out - -You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. See`.'on' r:Requirid!- -, ocuments Submit the following documents with the Mitigation Plan for approval: v 1. Crime Free Housing Program Training Certificate (if completed, if not completed, please include -� scheduled date in Section C, u 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum F 7 �✓ 3. Submit written report by 10' of each month (after license approval). Sectlon"C= Crime Free Housing Program Re Ehas 1. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11 -16 -11 i 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed Sept 23 2010 or Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. to be announce b ;Be Dec 23, 2011 Date Scheduled: Y Improvements to be completed by: i Phase III I v l I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for January 12 2012 & March 08 2012 Do these two meeting dates occur before the *Pending Type IV License expiration date? El YeA No ( *See Section.4) If no, you will only be able to qualify for a Type IV Rental License upon renewal. I will have no repeat code violations previously documented within the past year. For properties with four or more'units: ® I will conduct resident training annually that includes crime prevention techniques. U I will hold regular resident meetings. Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace /AC- Dec 2006 Dec 2021 Water Heater- Dec 2008 Dec 2018 Kitchen Appliances- July 2010 July 2020 Laundry Appliances- Jan 2008 Jan 2018 Exterior - Paint/Siding, fascia, trim July 2008 July 2018 - Windows July 2007 July 2022 -Roof Sept 2011 Sept 2041 -Fence July 2006 July 2026 -Shed July 2001 July 2021 - Garage roof Sept 2011 Sept 2041 - Driveway July 1999 July 2021 - Sidewalks July 1999 July 2021 Smoke Alarms & Carbon Monoxide Alarms Sept 2011 Sept 2021 Othe s .:. -: a,•.. r ei. . :r , - t. ��.yr,. � _'t:ri • t..• ... a - ... o:.;.�,; . .:. t,r. .tom: .,. e, o xo, a ana euepagd- :Cofidifion`s. aP`xo er.s ?: ,< Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: 1. Check in with tenants every 30 days. ® 2. Drive by property to check for violations twice a month. Page 2 Type Iv Mitigation Plan Rev 11 -16 -11 1 1 3. Evict tenants in violation of the lease and all addendums. 4. Provide lawn/snow service. 5. Provide garbage service. ® 6. Install security system, X-Cel Home Service Plus M 7. Provide maintenance service plan,for appliances. Name of service co.: 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 1 9. Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the I O of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. Owner or Agent Name and Title (Please Print) Owner or Agent Signature Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date For City Use -- Mitigation Plan Approved By: 4"s Police Department/ Title Date Building oC mmunity Standards Department / Title Date i Page 3 Type 1V Mitigation Plan Rev 11 -16 -11 • I City Council Agenda Item No. 10f COUNCIL ITEM MEMORANDUM DATE: January 9, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Cler SUBJECT: Type IV 6 -Month Provisional Rental License for 7137 Grimes Ave N Recommendation: It is recommended that the City Council consider approval of a resolution and the issuance of a Type IV 6 -Month Provisional Rental License and Mitigation Plan for 7137 Grimes Ave N. If the Council chooses not to issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license and draft said resolution for the next Council meeting. Background: The property would qualify for a Type I Rental License based on property code violations and validated police nuisance incidents. However, the property owner failed to meet the condition(s) of the Type IV Rental License, specifically attending the required number of Owners/Managers Association Meetings. The property owner received a Type IV Rental License on 11 -28 -11 on condition of adherence to the Mitigation Plan and City Ordinances. The owner has failed to comply with the Mitigation Plan and applicable ordinances. According to City ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12 -901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12- 914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. The inspection of the property revealed zero violations. However, since the Type IV Rental License condition has not been met, according to City ordinances the license should be renewed as a Type IV Rental License. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner made improvements to the condition of the property. The following is a brief history of the license process actions. Current rental license approval activities: 11 -23 -11 Shawn Banks applied for renewal of the rental dwelling license for 7137 Grimes Ave N, a single family dwelling. 11 -30 -11 The rental license expired. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves thepublic trust COUNCIL ITEM MEMORANDUM 12 -06 -11 An initial rental inspection was conducted and passed with zero orders cited, see attached rental criteria. 12 -27 -11 City records indicate zero validated police incident /nuisance calls occurred in the past twelve months. Prior Type IV Rental License approval activities: 05 -13 -11 Shawn Banks applied for renewal of the rental dwelling license for 7137 Grimes Avenue North, a single - family residential property. 06 -15 -11 Initial rental inspection conducted (Thirteen orders cited, see attached rental criteria) 06 -15 -11 Zero validated police incident /nuisance calls occurred in the past 12 months. 08 -01 -11 A second rental inspection was scheduled and no one was on site to meet the inspector. 08 -18 -11 A third rental inspection was scheduled and no one was on site to meet the inspector. Reinspection fees were charged to the property. 08 -26 -11 The rental inspection passed and the owner paid the reinspection fees. 08 -29 -11 A letter was sent to the owners notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license (submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.) 10 -08 -11 The property was posted as unlicensed. (License expired on 05- 31 -11). 11 -03 -11 A citation was issued to the owner for operating without a valid rental license. 11 -08 -11 The Mitigation Plan was finalized. 11-30-11 The rental license expired. If approved, after six months, a new rental license will be required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. I lission: Ensuring an attractive, clean, safe contntunity that entrances the quality of life anal preserves the public trust i r COUNCIL ITEM MEMORANDUM Excerpt from Chapter 12 of City Code of Ordinances: Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and /or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for a Type 1, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and /or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and /or ro ert Code violations. In evaluating a mitigation plan p p Y g g P submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and /or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. I i J lission. Ensuring an attractive, dears, safe conin►unity that enhances the quality of life and preserves the public trust i i COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. i 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification 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. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Nllssion: Ensuring au attractive, clean, safe coninauuty that enhances the quality of life acrd preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3+ ;units 0= 0:75 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3+ units Greater than'6.75 but not more than I Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 3+ units Greater than 4.5 but not more than 3 Type IV — 6 Months 1 -2 units Greater than 8 3 +units,. ; . "Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1 -2 0 -1 Impact 3 -4 units "0 70.25 5 or more units 0-0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 -4 units Greater than 0.25 but not mare than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3 4 units Greater than 1 5 or more units Greater than 0.50 INissiort: Ensaring an attractive, clears, safe commrn v that enhances the quality of life anal preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: - We will ensure a safe and secure community - We will stabilize and improve residential neighborhoods Attachment - Copy of Mitigation Plan Approved as Part of the 11 -28 -11 Type IV Rental License Approval - Resolution Approving a Type IV Rental License for 7137 Grimes l I lblission: Ensuring an attractive, clean, wife commnuutity that enhances the quality of life aad preserves the public trust City of Brooklyn Center Phone: 763 - 569 -3300 6301 Shingle Creek Parkway TTY /Voice 711 Brooklyn Center, MN 55430 -2199 Fax. 763- 569 -3494 www.c1tyo1brook1 .yncenteF.org Rental License Mitigation PIan (Type IV License) Handwritten plans will not be acceeted Please type or use fillable form on C4 website t � � F 0 1 "Ni � — x n-Zr5 j��.+ 4 ''d'" i _!l `' r ��'t # x �' ��a� "�rt ;� F �tik ���Fiai• �� �� � � } r, �� .i.'. __5-. �c ._ ,.c r. .r, n, .-.5. eS.7i.Clxe$c' '�tix .tt s t Ya T ��� # t•`,o-� �s 0 tt'l'l e� y 4 - "' 41 r' ! c i r s,? 1r, v t :„ : , -�`-� . ��t?� � r � ,�, sl� r ;,s,cu ,� T?s�r� x. s r .n a• a t� � .s M t ' ' i 't t c �`s Mr+t . t`"."..�vt�-��,���Y ��� " } ' ^�S•t ��' tt� tii�f'i$'r�l�,.i Z^f•�.,crh��l�'a���[�-'�_$; ���i���iJVv rt tt17',�� 7 ��'. >4� F Y {s •L r e Fa^ 47 a P - a 11G� n arz e C i`", a �l k la a .� ! � t a $ Ott1Ct # H�j ni, rrtsrTlika Iolmail com' a t �.. tt tr7 r._ 7 fcrt.. - r • t t. ,. , .. _.... tk The above referenced property qualifies for a Type W Rental License. A Mitigation Plan must be completed and reviewed by City staff before the rental license application can be considered for approval by City Council. A Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identilz possible solutions to im rove the overall conditions of the prop rty. Submit the following documents with the Mitigation Plan for approval: 1. Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section B. F 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by 10` of each month (after license approval). Phase I 1. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 10/14/2009 Date Course Scheduled: Phase II 0 Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 11 /10/11 Improvements to be completed by: Page 1 Type W Mitigation Plan 4 -11 Phase III (— j� I will attend a minimum of 50% of the ARM meetings (two). 1 V I will attend the ARM meetings scheduled for: 11110/2011 & 01/12/2012 I will have no repeat code violations previously documented within the past year. Fowproperties wtth four or more units:' I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Date Last Replaced Future Replacement Date Furnace /AC 06/01/05 06/01/20 Water Heater 2005 06 /01/20 Kitchen Appliances 2007 06101125 Laundry Appliances rJa rVa Exterior - Paint/Siding 2005 06/01/25 - Windows 2005 06/01/25 -Roof 2005 06/01/25 -Fence 12005 06/01/25 -Shed n/A n/A - Garage 1980 06101125 - Driveway 1980 06101/25 - Sidewalks n/A NIA Smoke Alarms & Carbon Monoxide Alarms 2005 06101/20 Other: Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: f Check in with tenants every.30 days. Drive by property to check for violations twice a month. Evict tenants in violation of the lease and all addendums. Provide lawn/snow service. Provide garbage service: Install security system. Provide maintenance service plan for appliances. Name of service company: I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other g ✓ financial claims due to the City. Other: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10' of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply Page 2 Type IV Mitigation Plan 4 -11 i 4 with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or license review may result. �j�1 t w r` .tc.r.•: c J Owner or A ent Name and Title (Please Print) - - Owner or Ant Signature Dlato tJ ti��� i�c�n<<• S Additional ner or Agent Name and Title (Please Print) (if applicable) Ad 'tiona Owner or Agent Signature (f applicable) b ake Police D partment / Title Date uilding & Com unity Standards Department / Title Dfite Page 3 Type IV Mitigation Plan 4 -11 Member introduced the following resolution and moved its adoption: I RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 7137 GRIMES AVE N WHEREAS, City Ordinance Sections 12 -900 to 12 -916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 7137 Grimes Ave N, was issued a Type IV Rental License on November 28, 2011; and WHEREAS, City Ordinance Section 12 -901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12- 914.3.c establishes the requirement for an owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners /Managers Association Meetings, complete Crime Prevention Through Environmental Design Requirements and send in monthly updates ; and WHEREAS, the property owner of 7137 Grimes Ave N, Brooklyn Center failed to attend Owners /Managers Association Meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 7137 Grimes Ave N, Brooklyn Center, MN. January 9, 2012 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 loo. 10g i i i COUNCIL ITEM MEMORANDUM DATE: January 3, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Mayoral Reappointment of Commissioner to Serve on Shingle Creek and West Mississippi Watershed Management Commissions Recommendation: It is recommended that the City Council ratify the Mayoral reappointment of Della Young as Commissioner to the Shingle Creek and West Mississippi Watershed Management Commissions with term expiring January 31, 2015. Background: Della Young has served as Commissioner for the Shingle Creek and West Mississippi Watershed Management Commissions since January 26, 2009. Commissioners serve a three -year term, with terms expiring January 31. Della Young has notified the City that she would like to serve another term on the Watershed Commissions. Budget Issues: There are no budget issues to consider. I Mission: Ensuring an attractive, cleats, safe contntunity that enhances. the quality of life and preserves the public trust i I AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION January 9, 2012 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. Youth Participation Request 2. Random Acts of Kindness PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Progress Reports on Achievement of Strategic Goals — January 2012 2. Sister City Update — January. 2012 3. Active Living Program — January 2012 4. Annual Department Year End Reports — February 2012 5. Property Maintenance — Including Snow Removal — February 2012 6. National League of Cities Service Line Program — February 2012 7. Highway 252 Update — March 2012 Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION j i DATE: January 5, 2012 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Brooklyns Youth Council Recommendation: City Council will consider Brooklyns Youth Council request. Background: At the November 28, 2011 City Council Study Session, representatives of the Brooklyns Youth Council were in attendance to share information about the structure, mission, vision and goals of the youth council and to begin discussions on how they can serve as a resource for the Council as you consider items that may have a youth component. At that time, they shared ideas on how they might assist the City Council in reaching some of its annual goals and asked the Council to consider sending a representative to a future Youth Council meeting to discuss issues that are impacting the community and how the Youth Council might be of service by bringing youth voice to the conversation. Accordingly, I have requested some meeting dates, should the Council decide to accept their offer. The Brooklyns Youth Council typically meets each Monday night at 6:00 p.m., with the first Monday of the month being their general meeting. Options for upcoming meetings include: January 23 and 30, February 6 (full meeting), 13, 20, 27. While the meeting location typically switches between Brooklyn Center and Brooklyn Park, should a City Council representative choose to meet with the youth, we will schedule the meeting for Brooklyn Center. Policy Issues: None noted. Council Goals: Ongoing: 5. We will improve the image of the City with citizens and those outside of the City's borders Mission: insuring an attractive, cleat, safe community that enhances the rluallir of life rind preserves the public trust MINUTES OF THE PROCEEDINGS OF THE, CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA i STUDY SESSION NOVEMBER 28, 2011 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 a Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. 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, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lasman requested the following correction to the Study Session minutes of November 14, 2011: Page 2, 8 th paragraph: "Councilmember Lam Kleven stated she will plan to attend." It was the majority consensus of the City Council to accept the correction of the November 14, 2011, Study Session minutes. Councilmember Ryan requested discussion on Item 9b, Planning Commission Application No. 2011 -020 Submitted by Independent School District No. 286, specifically related to the Planning Commission Application by ISD 286. He stated he is in support but wondered if staff could make mention of the funding mechanism for this undertaking to construct a new recreation center, gymnasium, and basketball court. City Manager Curt Boganey stated it is p art of the special sales tax authorized for the construction of the Twins stadium approved by the Legislature with a percentage to be available for sports programs in Hennepin County. Councilmember Lasman noted the facility has locker rooms but does not include showers. Director of Business and Development Gary Eitel stated it provides restrooms and a storage room and the intent is for a casual workout and practice sessions. Mr. Boganey requested discussion on Item 10d, Ordinance Relating to Licensing of Rental Properties; Amending Brooklyn Center City Code Section 12 -910. He explained this item is on 11/28/11 -1- tonight's agenda for first reading of an amendment to the City's licensing code. It is also scheduled for discussion at tonight's Work Session. Mr. Boganey stated the modification - proposed is straight forward to address concerns raised by Mr. Soderberg, and the City Attorney has drafted language for the City Council's consideration. It was noted the City Council can, act on that proposed ordinance or postpone action so it can be discussed. If approved, the amendment allows staff to accept a new rental license during the revocation period and allows the City Council to approve the new rental license with an effective date following the end of the revocation period. MISCELLANEOUS None. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS YOUTH PARTICIPATION REQUEST Director of Community Activities, Recreation and Services Jim Glasoe introduced the item and indicated members of the Brooklyn Youth Council had invited the City Council to its Blue Jean Ball and requested time on a future agenda to tell the City Council about their organization and how they can assist the City Council with decisions involving youth. Kayla Gray, 6909 Regent Avenue N. and Naomi Chan, 9010 60'/2 Avenue N., New Hope, described the establishment of the Brooklyn Youth Council in 2008, current membership, goals, and vision to lower the rate of violence, create safer environments for all, and more resources for youth. The Brooklyn Youth Council would like to be more interactive with the Brooklyn Park and Brooklyn Center City Councils to help communicate concerns on issues that affect the City's youth and to help make decisions that would improve the community. Ms. Gray offered the Brooklyn Youth Council's assistance to gain insight of youth on important issues and services that affect youth, become more representative of the community as a whole, and engage youth in the governmental progress. The City Council was invited to send a liaison to Brooklyn Youth Council meetings to discuss issues impacting the community and how to bring youth's voice to the conversation. At the invitation of Mayor Willson, those in attendance introduced themselves. The City Council expressed its appreciation to the Brooklyn Youth Council members for attending and complimented Ms. Gray and Ms. Chan on their presentation. The City Council indicated the youth's perspective is important and it has high hopes for hearing their input. The majority consensus of the City Council was to direct staff to schedule discussion on a future Work Session agenda of the Brooklyn Youth Council and feasibility of a Council Liaison. RENTAL LICENSE — REVOCATION PROCESS 11/28/11 -2- i Work Session Agenda Item No. 2 i MEMORANDUM - COUNCIL WORK SESSION DATE: January 5, 2012 TO: City Council FROM: Curt Boganey, City Mana� SUBJECT: Random Acts of Kindness Recommendation: It is recommended that the City Council consider providing direction to staff regarding any changes if any to the random acts of kindness program. Background: The City Council met on November 28 to review the random acts of kindness program. The Council discussed the program at length, identify strengths and weakness and possible improvements (minutes enclosed). There was a general consensus to continue with the program. On Monday the goal is to develop a consensus regarding the principal ways to make improvements to the program. Below I have attempted list and categorizes the main issues from the meeting. I apologize if anything was missed. Once the Council agrees on the major issues we will determine where there is a consensus to make changes. With this direction we will draft an required revisions to g Y q the program for your review. • Issues Identified • Change /clarify the definition/criteria of eligible recipients or acts • Business contributions may not qualify • Should there be separate business recognition? • Are the acts truly random? Should the word random be removed? • Revise the program information to include the definition for a Random Act of Kindness • Are the acts significant/ meaningful enough? ■ Create a significance threshold to qualify • Change or eliminate the list of examples ■ The list is too long /broad and insignificant • Limit the number of nominations by a single nominators ■ Limit to five? • Limit the number of nominations a person can receive • Reduceredundancy ■ Limit repeat recognition for the same /similar act each year • Establish a review /approval process ■ Mayor �� Mission: Ensuring an attractive, clean, safe community pity that enhances the quality of "life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION o We should leave it up to the good judgment of Citizens Policy Issues: Council Goals: 1. We will improve the image of the City with citizens and those outside of the City's borders Mission: Ensuring un attractive, clean, safe community that enhances the qualiq of life and preserves the public trust i Excerpt from 11/28/11 Worksession Minutes RANDOM ACTS OF KINDNESS Mr. Boganey introduced the item and reviewed that on September 26, 2011, Roger Kloster addressed the City Council about the Random Acts of Kindness Awards Program and expressed concern about the quality or value of some acts being honored and repetitive recognition of acts and recipients. He asked the Council to first address what it likes the most about the current Program. The Council identified the following positive aspects of the Program: • It is a long- standing Program • Recognition of people, schools, and businesses for doing the right thing • Engagement of the community • Brings people into City Hall • Acknowledges selfless acts, reinforces those acts, and gets others to notice • Builds community • Awards presentation is televised • Promotes a positive image of the City • Creates opportunity for positive press as reflected in the StarTribune article • Allows Councilmembers to make presentations at a Council meeting • Elected officials can acknowledge people for their random acts of kindness. • Recipient receives a certificate, something of limited value they can show friends or display at home • Creates tradition for residents to anticipate and watch the awards ceremony • Promotes residents to watch for behavior worthy of nomination • Promotes a positive outlook about City government • Introduces people to each other when recognition is given • Enhances "Small Town Americana" atmosphere • Builds on the Council's goals for maintaining the City's housing stock • Acknowledges the Council thinks it is important The Council identified the following negative aspects of the Program: • The idea list of random acts of kindness examples is too long and should be simplified or eliminated • The criteria for random acts of kindness is too liberal The idea list of random acts of kindness includes examples that are not "random, diminishing the importance of being nominated • The Program is being manipulated by a few, nominating a large number • Nominations should be better focused on more appropriate acts • Dependency on the good faith and judgment of residents making the nominations • There is no limit on the number of nominations a resident can make • Criteria of standards /boundaries are not set • The goal has been to fill the Chambers • The Program has recognized acts of kindness that are not "random" • The Program has recognized acts that are not meaningful, moving, or inspiring • The Program has used a high level of staff resources • The Program has lost a lot of its meaning • The Program awards several certificates to the same nominee • Award certificates list one recognition when several could be included • Recognition of the same citizens for the same act year after year • Recognition of businesses for contributions and promotions that that are not random acts of kindness Councilmember /Commissioner Lasman explained that "Random Acts of Kindness" is a company and described how the Program was started in Brooklyn Center. She stated she wants the Program to continue, noting the StarTribune had run an article about the longevity of this Program in Brooklyn Center. Mayor Willson felt the acts currently being nominated are not "random" or meaningful and he believed the Program had lost sight of both. Councilmember /Commissioner Ryan supported creating a threshold so acts have significance, as the Program was intended to recognize. The City Council /EDA agreed to revise the Program information to include the definition for a Random Act of Kindness and institute a limit of five nominations. Mayor Willson stated he remained concerned about what is being submitted as random acts of kindness and suggested he review the nominations submitted to determine what qualifies for consideration. Councilmember /Commissioner Lasman suggested the Program be revised as discussed and if that does not address the concerns, then the Mayor review the nominations. The City Council /EDA discussed whether an award program should be created for businesses to recognize contributions, possibly an honorable mention continuum if recognized over multiple years. Concern was expressed that it would not be in the City's best interest to start another awards program because of the staff resources it would consume. However, the current Program could include recognition for businesses, such as reading a list of nominated businesses that have made contributions to the community. Mr. Boganey stated staff will capsulate the information provided tonight for the Council's future consideration and debate in how to implement change. i Mayor Willson asked whether the word "random" should be removed from the Program so it would then recognize all acts of kindness. Councilmember /Commissioner Lasman indicated she does not support removing "random" from the Program name because the City has been recognized for this Program. Mr. Boganey referenced the instructions for the program, noting the word "random" is not used in the last sentence so it may be assumed that any act of kindness can be nominated. Councilmember /Commissioner Lasman stated she did not want to lose the branding of what "random" means and suggested revising the last sentence to include the word "random." She asked if the City Council /EDA would like to address the list of ideas. Mayor Willson stated the City Council /EDA has discussed eliminating the idea list, reducing the idea list, or citing different examples. He suggested the Council review staff's summary of tonight's discussion prior to making a decision on the idea list. Mr. Boganey clarified staff's intent is not to change the Program but to report back on the City Council /EDA's discussion in a concise manner so it can be reviewed and the City Council /EDA can decide logistically how to make some of these ideas work. The majority consensus of the City Council /EDA was that each Member would review the idea list of examples and be prepared to make suggestions at the next Work Session in an effort to "raise the bar" for this Program. ADJOURNMENT Councilmember /Commissioner Ryan moved and Councilmember /Commissioner Lasman seconded adjournment of the City Council /Economic Development Authority Work Session at 9:54 p.m. Motion passed unanimously. RECONVENE Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Ryan seconded to reconvene the City Council/Economic Development Authority Work Session at 9:54 p.m. Motion passed unanimously. Roger Kloster, 7223 Lee Avenue N., stated he hopes the Random Acts of Kindness program is designed to promote good citizenship and encourage random acts of kindness. He supported the City establishing guidelines as to what is a random act of kindness as opposed to an act of kindness. When awards are presented, he believed it was more appropriate to present one award per nominee and list the acts if there are more than one. Mr. Kloster stated this matter is not a high priority and while he respects the Council for considering his concern, he does not want to circumvent other important issues. ADJOURNMENT i MEMORANDUM - COUNCIL WORK SESSION i DATE: November 21, 2011 I a TO: Brooklyn Center City Council i FROM: Curt Boganey, City Manag� I � C SUBJECT; Random Acts of Kindness I Recommendation: I It is recommended that the City Council consider providing direction to staff regarding the Random Acts of Kindness Program. Background: j t On September 26 Mr. Roger Kloster addressed the City Council in open forum expressing concerns about the Random Acts of Kindness Awards Program. His concerns seemed to focus on the quality or value of some acts being honored and the repetition of recognition of acts and recipients. The Council decided to review the RAOK program at a work session to determine if any changes to the program should be proposed. i I suggest that on Monday we spend some time reviewing and brainstorming the RAOK program. l I suggest that we look at what has gone well and what can be improved. If the Council wishes to continue the program, are there ways that it can be substantially improved, Once we have brained stormed and reached consensus staff will prepare any modifications recommended for your consideration. Policy Issues: Does the Council wish to continue the recognition of citizens for their random acts of kindness? i Does current program meet the goals and expectations of the Council? Council Goals: 1 i Ongoing; I 1. We will improve the image of the City with citizens and those outside of the City's borders r i NEssion: Ensuring art attractive, clean, safe community that enhances the quality oflife (tit d preserves the public trust MEMORANDUM - COUNCIL WORK SESSION i Enclosures: I Minutes September 26 2011 Random Acts • Community Letter • Guidelines • Application Form 1 I i I i i i I F I I f f I i I I i k i Hissdon: Ensuring an attractive, clean, safe comniundty that enhances the qualliv of life mud preserves the public trust f i I f i MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA I REGULAR SESSION SEPTEMBER 26, 2011 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim G Willson at 6:45 p.m. ROLL CALL I i Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also present were City Manager Curt Boganey, EDA/HRA Specialist Tom Bublitz, Director of Community Activities, Recreation and Services Jim Glasoe, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. i Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Roger Kloster, 7223 Lee Avenue N., stated his concern that the same people are recognized for Random Acts of Kindness year after year and asked the Council to review its guidelines for nomination to assure it is a meaningful recognition. Dr. Philip Nelson, 147 Shorewood Road, Shoreview, spoke on behalf of Shay Vue, 4950 Abbott Avenue N., who had appeared before the Council previously to request permission to have racing pigeons. Dr. Nelson stated his opinion that racing pigeons are easier to care for and less dangerous than a cat or dog. - He described his assistance to other communities to provide a model ordinance to allow racing pigeons, noting it would include stringent requirements including registration of the loft, as well as membership and certification by the Racing Pigeon Club. He explained that Shoreview adopted an*ordinance to allow his keeping of racing pigeons. However, Shoreview later rescinded that ordinance when another racing pigeon owner caused problems. Dr. Nelson asked the City Council to consider adopting an ordinance to allow racing pigeons in Brooklyn Center. City Manager Curt Boganey asked Dr. Nelson to elaborate on the problem created by the other j pigeon owner in Shoreview that caused the City to abandon its ordinance. Dr. Nelson described the other pigeon owner as being belligerent and not a member of a Racing Pigeon Club. When this person moved in two large lofts without a permit, the neighbors objected and complained to the City. i r i 09/26/11 -1- i i i i September 2, 2011 Dear Community Member: Since 1997, the City of Brooklyn Center has celebrated Random Acts of Kindness. In October the Brooklyn Center City Council would like to recognize all Brooklyn Center residents and j groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected — done simply out of the will to extend goodness without expecting anything in return. We hope that you will join us in making this a significant celebration for our community. We are asking that you or someone you know send us a card or letter, or use the enclosed nomination form, nominating someone who has performed an act of kindness in the past year. You may also send us drawings or photographs of people performing kind acts. Nomination forms are available to download on the City's website at www .cityofbrooklyncenter.org/rak or you can submit an online nomination. The deadline to accept nominations for 2011 is September 30, 2011. Random Acts of Kindness nominees will be formally recognized by the City Council during its October 24, 2011, meeting. All nominees will receive recognition by the City Council in the form of a commendation. By separate card, please be sure that we receive the name and address of your nominee so that we can be certain that the City Council's commendation will be received I by your nominee. You and your nominee are invited to attend the City Council recognition on Monday, October 24th at 7 p.m. at City Hall. A letter will be mailed to you and your nominee prior to the meeting to confirm the date and time of the recognition. We look forward to hearing from you. Join us in celebrating kindness in our community! Sincerely, Tim Willson, Mayor Carol Kleven, Council Member Kay Lasman, Council Member Dan Ryan, Council Member Enclosure i i Random Acts o Kindness: .f � 1 Since 1997, the City of Brooklyn Center has celebrated Random Acts of Kindness. In October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help make our community a wonderful place to live and work. ARandom Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected — done simply out of the will to extend goodness without expecting anything in return. Anyone can nominate someone who has performed an act of kindness over the past year. You may send a card or letter, or drawings or photographs of people performing kind acts, or use the City's nomination form on the reverse side of this page. All Random Acts of Kindness nominees are recognized by the City Council during an October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! No act of kindness, however small, is ever wasted. — flesop . What is a Random Act of Kindness? Donate books to a daycare or school . Most people try to fulfill obligations in life . Tutor a student like doing their fair share of chores and . Be a Safety Patrol and help kids get supporting and comforting their families and to and from. school safely ' friends — but these deeds are expected of us. ° Pick up litter (Adopt -A- Street or I When we make the extra effort of being kind Park) when we aren't expected or required to and . Collect mittens or socks and give to surprise someone, including ourselves — this those in need is a Random Act of Kindness, a good deed . Care for the sick that is truly the embodiment of compassion ° Volunteer in the community } and caring. (schools, hospitals, churches, etc.) Ideas for Random Acts of Kindness • Be a good neighbor • Walk a neighbor's dog Plant a tree • Donate your time to perform lawn ' Call a lonely person { services for the elderly or disabled ° Open a door • Collect soda can tabs for recycling • In the grocery store, let a stranger and give the proceeds to the Ronald behind you with only one item go McDonald house first • Bake a hot dish for someone who • Make a paper chain with an act of just returned from the hospital kindness written on each link • Smile at someone who is frowning ° Pick up the mail for a senior citizen on your block each day • Feed a stranger's expired parking . Give blood meter • Adopt a homeless pet at the Humane • Donate to a food shelf or clothing shelter Society • Draw a picture of someone • Donate time at a senior center performing a kind act 0 Pat someone on the back j • Photograph someone being kind to • Clean graffiti from neighborhood another walls and buildings • Thank your secretary, boss, teacher, ° Transport someone who can't drive or friend for the little things they do • Read to a child I City of Brooklyn Center Random Acts of Kindness Nomination Form Nominator Name: Street Address: City, State, Zip Code: Email: Telephone: Nominee Individual OR Organization or - Group Individual's Name: Name of Organization or Group: Street Address: Street Address: City, State, Zip Code: City, State, Zip Code: Email: Email: Telephone: Telephone: Brief summary of kind act — a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate letter) Return Nomination Form BY SEPTEMBER 30, 2011, to: City. of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 56430.