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Home My WebLink About2013 01-28 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION January 28, 2013 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 REVISED CITY COUNCIL MEETING City of Brooklyn Center January 28, 2013 AGENDA 1.Informal Open Forum with City Council — 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2.Invocation — 7 p.m. 3.Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4.Roll Call 5.Pledge of Allegiance 6.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.January 14, 2013— Study Session 2.January 14, 2013 — Regular Session 3. January 14, 2013 — Work Session b. Licenses c. Application and Permit for Temporary On-Sale Liquor License Submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for a Social Event to be Held March 16, 2013 d. Resolution Establishing Parking Restrictions on June Avenue North from 58 th Avenue North to 61 st Avenue North CITY COUNCIL AGENDA -2- January 28, 2013 7. Presentations/Proclamations/Recognitions/Donations a.Resolution Expressing Recognition and Appreciation of Stan Leino for His Dedicated Public Service on the Planning Commission Requested Council Action: —Motion to adopt resolution. b.Report from Open to Business by Rob Smolund Requested Council Action: —Motion to receive verbal report. 8. Public Hearings —None 9.Planning Commission Items a. Planning Commission Application No. 2013-002 Submitted by Loren Van Der Slik/Gatlin Development. Request for Preliminary Plat Approval of Shingle Creek Crossing 3 rd Addition, Located in the Shingle Creek Crossing PUD properties. The Planning Commission recommended approval of this application at its January 17, 2013, meeting. 1. Resolution Regarding Recommended Disposition of Planning Commission Application No. 2013-002 Submitted by Loren Van Der Slik (For Gatlin Development Company) A Request for Preliminary Plat of Shingle Creek Crossing 3 rd Addition Requested Council Action: —Motion to adopt resolution. 10.Council Consideration Items a.Consideration of Type IV 6-Month Provisional Rental License for 1606 71st 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. b.Consideration of Type IV 6-Month Provisional Rental License for 4714 Wingard Lane 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 -3- January 28, 2013 c. Consideration of Type IV 6-Month Provisional Rental License for 6937 Morgan 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. d. Mayoral Appointment of Members to Serve on Planning Commission Requested Council Action: —Motion to ratify Mayoral appointments. 11.Council Report 12.Adjournment City Council Agenda Item No. 6a arily of BROOKLYN CENTER MEMORANDUM TO: Mayor Tim Willson and Councilmembers Kleven, Lawrence-Anderson, Myszkowski, and Ryan DATE: January 25, 2013 SUBJECT: Minutes Correction There is a correction to the minutes of the January 14, 2013, Study Session: Page 3, 5 th paragraph; the language reads correctly to indicate that Mr. Boganey noted not Mayor Boganey. allow dynamic message signs for Public and Semi-Public Places in all districts. He asked the City Council to provide response to the following questions: Question 1: Does the City Council wish to consider an amendment to the Sign Ordinance that would allow Dynamic Message Signs at Public and Semi-Public Places? Question 2: Does the City Council wish to have the Planning Commission review the Dynamic Message Sign Standards and its limited use to only the C-2, I-1, and 1-2 Districts? Councilmember Ryan stated support to amend the Sign Ordinance as described to allow contemporary technology for advertising that is not intrusive. He stated that based on the spirit of the ordinance and considerable work by previous City Councils in developing Section 34, he would answer "no" to Question 2 and would not consider any reversal of prohibition of flashing or rotating signs because of the potential impact to safety and other considerations. Mr. Boganey noted the intent of Question 2 is not to suggest changing the standards that currently exist for dynamic signs but to address placement of the signs. Currently this type of sign is only allowed in C-2, I-1, and 1-2 Districts. The question is whether those same types of signs should be allowed in other zoning districts. Councilmember Myszkowski asked how neighbors across the street (single-family residential) would be impacted by a sign placed close to their homes. Mr. Eitel explained the signs at Evergreen Park Community School already exist with changeable copy so the question is whether it should be lit. Councilmember Myszkowski asked how many lumens the sign would use and if it would stay lit during the night. Mr. Eitel explained the signs can be timed but there is currently no such regulation in Code. He indicated that electronic signs for schools tend to be on 24 hours a day and in most cases schools and churches tend to be good neighbors. Councilmember Myszkowski stated she is concerned with the potential impact on the neighbors. Mayor Willson stated with regard to Question 1, which he favors, staff will need to fully define "Public and Semi-Public Places." He indicated he also has no objection to referring Question 2 to the Planning Commission because LED technology is very inexpensive to operate and lower intensity but he would not want to see a flashing sign. Mayor Willson noted the Ordinance addresses issues relating to light pollution, level of lumens, and light spill into neighborhoods. Mr. 13oganey stated since the current Ordinance went into effect 2003 there are probably some legal non-conforming uses in some areas. Mr. Eitel confirmed that is correct. Mayor Willson noted this change would then result in more conformity with what exists and allow businesses to use newer and inexpensive technology to get their message out. He stated he does not like the light on 694 going east, which changes every two seconds but immediately draws the eye. 01/14/13 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JANUARY 14, 2013 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, 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 Councilmember Kleven requested discussion on Item 6c, Resolution Designating Official Newspaper, in particular to thank City Clerk Sharon Knutson for providing this information and telephone number so she could ask whether the City would receive a reduction in price if there were subsequent notices and about circulation numbers. She noticed that the 55429 zip code includes a large portion of Crystal. Councilmember Kleven indicated it is good for the City to have choices and after additional checking she found more reasons to use the Sun Post. Councilmember Myszkowski stated she spoke to City Manager Boganey and learned the cost per column inch is four times more expensive with the StarTribune, making it cost prohibitive. She stated she wished the Sun Post got to more homes and suggested lobbying the Legislature to include posting on line as part of the notification process, which would provide additional access. Councilmember Myszkowski noted it has been previously mentioned by other elected officials that many older residents do not have intemet access or are not comfortable with electronic access. City Manager Curt Boganey indicated on-line notification has been previously lobbied before the Legislature but the newspaper industry also has a strong lobbying effort. He noted many cities post on line but it does not substitute for the Statutory requirement that notice also be published in an official newspaper. MISCELLANEOUS 01/14/13 -1- DRAFT Councilmember Kleven asked whether the City received the LGA payment by the end of December in the amount expected. Finance Director Daniel Jordet answered in the affirmative. Councilmember Kleven asked whether people entering the Brooklyn Center court room pass through a metal detector to determine whether they are carrying guns. Mayor Willson noted that procedure is under the jurisdiction of the court system, but the City could write a letter to make that suggestion, if the City Council so desired. City Manager Boganey stated he will ask Police Chief Benner for an update on that issue since he serves on a committee that is addressing security measures. Councilmember Ryan asked who are the tenants in the LA Fitness building and if one is a Panda Express Restaurant. Mr. Boganey advised the Panda Express Restaurant will be a stand-alone building, but it is not yet under construction. Director of Business and Development Gary Eitel stated three buildings are under construction at this time. With regard to tenants, the City is aware of Pro Cuts, AT&T, and Qdoba Mexican Grill. The LA Fitness site plan has been approved and is in the final stages of building application review. Councilmember Ryan announced he will be attending the National League of Cities Congressional City Conference to participate in their outstanding training for the local elected. Mayor Willson reported he had attended the Midwest Summit on Gun Laws in Minneapolis along with other mayors and many in law enforcement including Police Chief Benner. He stated he will be joining Mayor's Against Gun Violence and had been asked to go to Washington for a symposium; however, he was not able to attend. Mayor Willson explained this organization had offered to pay for his flight to and from Washington and asked staff to research and determine the legality of an elected official accepting such an offer. Mayor Willson referenced an e-mail from the Planning Commission Chair and noted the Planning Commission did not have a quorum to meet on October 24 when the Gatlin project was on the agenda. He indicated he made a determination to not reappoint one Planning Commissioner based on low attendance. Mayor Willson referenced a legislative report to the House of Representatives on the Minnesota Open Meeting Law that he had provided to the City Council, noting the information on Page 4 relating to being cautions in using e-mails or other communication methods. Mayor Willson stated it has been the City Council's policy to send communications to Mr. Boganey for dissemination to the City Council. Councilmember Myszkowski noted she and Councilmember Lawrence-Anderson will also receive this information during the new member orientation with the League of Minnesota Cities in February. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS DYNAMIC MESSAGE SIGNS WITHIN PUBLIC AND SEMI PUBLIC PLACES Mr. Eitel introduced the item, provided a PowerPoint presentation, and asked the City Council to provide direction on whether it believes there is a need to consider Sign Ordinance reforms to 01/14/13 -2- DRAFT allow dynamic message signs for Public and Semi-Public Places in all districts. He asked the City Council to provide response to the following questions: Question 1: Does the City Council wish to consider an amendment to the Sign Ordinance that would allow Dynamic Message Signs at Public and Semi-Public Places? Question 2: Does the City Council wish to have the Planning Commission review the Dynamic Message Sign Standards and its limited use to only the C-2, I-1, and 1-2 Districts? Councilmember Ryan stated support to amend the Sign Ordinance as described to allow contemporary technology for advertising that is not intrusive. He stated that based on the spirit of the ordinance and considerable work by previous City Councils in developing Section 34, he would answer "no" to Question 2 and would not consider any reversal of prohibition of flashing or rotating signs because of the potential impact to safety and other considerations. Mayor Boganey noted the intent of Question 2 is not to suggest changing the standards that currently exist for dynamic signs but to address placement of the signs. Currently this type of sign is only allowed in C-2, I-1, and 1-2 Districts. The question is whether those same types of signs should be allowed in other zoning districts. Councilmember Myszkowski asked how neighbors across the street (single-family residential) would be impacted by a sign placed close to their homes. Mr. Eitel explained the signs at Evergreen Park Community School already exist with changeable copy so the question is whether it should be lit. Councilmember Myszkowski asked how many lumens the sign would use and if it would stay lit during the night. Mr. Eitel explained the signs can be timed but there is currently no such regulation in Code. He indicated that electronic signs for schools tend to be on 24 hours a day and in most cases schools and churches tend to be good neighbors. Councilmember Myszkowski stated she is concerned with the potential impact on the neighbors. Mayor Willson stated with regard to Question 1, which he favors, staff will need to fully define "Public and Semi-Public Places." He indicated he also has no objection to referring Question 2 to the Planning Commission because LED technology is very inexpensive to operate and lower intensity but he would not want to see a flashing sign. Mayor Willson noted the Ordinance addresses issues relating to light pollution, level of lumens, and light spill into neighborhoods. Mr. Boganey stated since the current Ordinance went into effect 2003 there are probably some legal non-conforming uses in some areas. Mr. Eitel confirmed that is correct. Mayor Willson noted this change would then result in more conformity with what exists and allow businesses to use newer and inexpensive technology to get their message out. He stated he does not like the light on 694 going east, which changes every two seconds but immediately draws the eye. 01/14/13 DRAFT Councilmember Ryan stated he appreciates the clarification and would support asking the Planning Commission to review Question 2. The City Council discussed the opportunity to tie this type of signage into an advance storm warning system or Amber Alerts, possibly in cooperation with the school to broaden the City's ability to get out the message. Councilmember Kleven asked if the message letters on the Evergreen Park Community School sign are going in and out. Mr. Eitel stated multiple colored messages are not allowed and the message needs to be of constant color and intensity. With regard to signs on single-family property announcing life events, Mr. Eitel clarified the signs under discussion relate to stationary signs. Mr. Boganey indicated the City cannot and does not regulate sign content. Councilmember Lawrence-Anderson asked if the Planning Commission will seek public input. Mayor Willson indicated the Planning Commission has the ability and authority to do so. The consensus of the City Council was to support both questions and ask the Planning Commission to provide review and comment on Question 2. STRATEGIC PLANNING — TEAM BUILDING RETREAT Mr. Boganey introduced the item and asked the City Council to provide direction regarding the proposed RFP to select a facilitator for the anticipated strategic planning and team building retreat. He cautioned there may be "sticker shock" associated with a new proposal but he finds it would be money well spent. The City Council expressed support for the RFP as drafted. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 01/14/13 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 14, 2013 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, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, City Clerk Sharon Knutson, 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. Sylvia Winkelman, 6337 Orchard Avenue N., described the lease agreement between the Cities of Brooklyn Center and Crystal, and the Metropolitan Airports Commission (MAC) that had been instigated by the Brooklyn Center Conservation Commission in 1970 and resulted in MAC Park, a 47-acre environmentally sensitive educational/open space area that provides habitat to 236 species of wildlife. Ms. Winkelman described the damage resulting from flooding during the spring of 2012 and asked the City Council to support the formation of "Friends of MAC Park" and to work with Crystal and MAC to remedy the damage and find solutions to the flooding. Jo Roberts, 6066 Shingle Creek Parkway, expressed her concern related to the distribution of the City's annual CDBG allotment, in particular $150,000 to the Neighborhood Stabilization and Code Enforcement Program. She asked the City Council to consider a policy to encourage resident participation by holding public meetings in low-income neighborhoods. Councilmember Kleven moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:56 p.m. Motion passed unanimously. 2.INVOCATION -1- DRAFT01/14/13 As the invocation, Councilmember Ryan requested a moment of silence to contemplate the recent mass shooting at Sandy Hills Elementary School in Connecticut and as an expression of solidarity with those victims, families, and countless other victims of gun violence. 2a. ADMINISTER CEREMONIAL OATH OF OFFICE City Clerk Knutson administered the ceremonial Oath of Office to Councilmembers Lawrence- Anderson and Myszkowski. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, City Clerk Sharon Knutson, 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 Myszkowski seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.December 10, 2012— Study Session 2.December 10, 2012— Regular Session 3. December 10, 2012 — Work Session 6b. LICENSES BOWLING ALLEY AMF Bowling Centers, Inc. 6440 James Circle N. FIREWORKS — PERMANENT Big Lots 5930 Earle Brown Drive -2- DRAFT01/14/13 Cub Foods GASOLINE SERVICE STATION Christy's Auto Service Holiday Stationstores, Inc. Metropolitan Council Perfect Car Wash #504 Royalty & Sons, Inc. SuperAmerica #4058 SuperAmerica #3192 SuperAmerica #4160 Two Rivers Investment, Inc. MECHANICAL Air Comfort Heating and A/C Anderson Heating & A/C C 0 Carlson A/C Company Cool Breeze Mechanical Liberty Plumbing Company Majestic Heating and Air Ray Welter Heating Company Toll Company United Heating & A/C PUBLIC DANCE AMP Bowling Centers, Inc. RENTAL INITIAL (TYPE — one-year license) 4207 62" Avenue N. 5119 66 th Avenue N. 4101 70 th Avenue N. 5314 71 st Circle 6844 Fremont Place N. 5807 Girard Avenue N. 6837 Regent Avenue N. INITIAL (TYPE II — Iwo-year license) 3801 53"d Avenue N. 5447 72" Circle N. 5959 Camden Avenue N. 4207 Lakeside Avenue #241 7148 Newton Avenue N. 6330 Orchard Avenue N. 7012 Unity Avenue N. 3245 County Road 10 5300 Dupont Avenue N 420 66 t11 Avenue N. 6845 Shingle Creek Parkway 6849 Brooklyn Boulevard 6044 Brooklyn Boulevard 1901 57 th Avenue N. 6950 Brooklyn Boulevard 6545 West River Road 6840 Humboldt Avenue N. 19170 Jasper Street NW, Anoka 1628 County Road 10, Spring Lake Park 3449 2" Street N., Minneapolis 1568 Nebraska Avenue, St. Paul 925 227 th Avenue NW, Oak Grove 2030 Basswood Court, Rockford 4637 Chicago Avenue, Minneapolis 3005 Niagara Lane N., Plymouth 1295 Hackamore Road, Medina 6440 James Circle N. Christopher Rasmussen Beverly Dahl Paul Pham Abbas Ali Abideen Ajibola McKevha Thomas Oliver Nihart-Arango David Michael Joseph Ditto Todd Havisto Belinda Reaves Jerry Carter Mark Kohls Shuxing (Mark) Sun 01/14/13 -3- DRAFT RENEWAL (TYPE III — one-year license) 6700 Humboldt Avenue N. Sterling Square 5341-43 Penn Avenue N. 2813 66 th Avenue N. 1600 71 st Avenue N. 6807 Humboldt Avenue N. C102 RENEWAL (TYPE II— two-year license) 5256 Twin Lake Boulevard E. 4213 63 rd Avenue N. 5401 Brooklyn Boulevard 6731 Bryant Avenue N. 5424 Fremont Avenue N. 6807 Humboldt Avenue N. C201 6807 Humboldt Avenue N. C303 5024 Lilac Drive N. 6830 Perry Avenue N. SECOND HAND GOODS DEALER Game Stop #535 TOBACCO RELATED PRODUCT B & K Tobacco Sales LLC CVS Pharmacy #1683 Cub Foods Holiday Stationstores, Inc. Perfect Car Wash #504 Royalty & Sons, Inc. SuperAmerica #4058 SuperAmerica #3192 SuperAmerica #4160 Walgreen's John Roder Margery Schwab Missing CFHC Sufeng Zheng No Action Plan Submitted Pavel Sakurets Raymond Charest Brian Somkhan Bryan Friendshuh Northport Properties Chuma Ikeqwuani Bill McCrum Raymond Charest Raymond Charest Carlos Balibrera Ming Yao Zheng 6068 Shingle Creek Parkway 6840 Humboldt Avenue N. 5801 Brooklyn Boulevard 3245 County Road 10 420 66 th Avenue N. 6890 Shingle Creek Parkway 6849 Brooklyn Boulevard 6044 Brooklyn Boulevard 1901 57 th Avenue N. 6950 Brooklyn Boulevard 6545 West River Road 6390 Brooklyn Boulevard 6c.RESOLUTION NO. 2013-01 DESIGNATING OFFICIAL NEWSPAPER 6d.RESOLUTION NO. 2013-02 DESIGNATING DEPOSITORIES OF CITY FUNDS 6e. RESOLUTION NO. 2013-03 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 -4- DRAFT01/14/13 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 6f.RESOLUTION NO. 2013-04 APPOINTING MUNICIPAL TRUSTEES TO THE BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION BOARD OF TRUSTEES 6g.RESOLUTION NO. 2013-05 RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS 6h.RESOLUTION NO. 2013-06 GRANTING CORPORATE AUTHORITY FOR TRANSACTION OF FINANCIAL BUSINESS MATTERS 6i.RESOLUTION NO. 2013-07 APPROVING A MASTER PARTNERSHIP CONTRACT BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF BROOKLYN CENTER 6j.APPROVAL OF SITE PERFORMANCE GUARANTEE REDUCTION FOR 7051 BROOKLYN BOULEVARD — CEAP/NORTHWEST FAMILY SERVICES CENTER 6k.APPROVAL OF SITE PERFORMANCE GUARANTEE REDUCTION FOR 4001 LAKEBREEZE AVENUE N — TWIN LAKES IV Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2013-08 EXPRESSING RECOGNITION AND APPRECIATION OF KARA KUYKENDALL FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION AND THE PLANNING COMMISSION Mayor Willson read in full the resolution expressing recognition and appreciation to Kara Kuykendall. Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2013-08 Expressing Recognition and Appreciation of Kara Kuykendall for Her Dedicated Public Service on the Housing Commission and the Planning Commission. Motion passed unanimously. 01/14/13 -5- DRAFT 7b.RESOLUTION NO. 2013-09 EXPRESSING RECOGNITION AND APPRECIATION OF LEROYCE WALKER FOR HER DEDICATED PUBLIC SERVICE ON THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Willson read in full the resolution expressing recognition and appreciation to LeRoyce Walker. Councilmember Ryan moved and Councilmember Kleven seconded to approve RESOLUTION NO. 2013-09 Expressing Recognition and Appreciation of LeRoyce Walker for Her Dedicated Public Service on the Northwest Hennepin Human Services Council Advisory Commission. Motion passed unanimously. 7c.RESOLUTION NO. 2013-10 EXPRESSING RECOGNITION AND APPRECIATION OF CHEREEN NORSTRUD FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION Mayor Willson read in full the resolution expressing recognition and appreciation to Chereen Norstrud. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2013-10 Expressing Recognition and Appreciation of Chereen Norstrud for Her Dedicated Public Service on the Housing Commission. Motion passed unanimously. 7d.RESOLUTION NO. 2013-11 EXPRESSING RECOGNITION AND APPRECIATION OF KRIS LAWRENCE-ANDERSON FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION Mayor Willson read in full the resolution expressing recognition and appreciation to Kris Lawrence-Anderson. Councilmember Kleyen moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2013-11 Expressing Recognition and Appreciation of Kris Lawrence-Anderson for Her Dedicated Public Service on the Housing Commission. Motion passed unanimously. Kris Lawrence-Anderson expressed her appreciation for this recognition. 7e.RESOLUTION NO. 2013-12 EXPRESSING APPRECIATION FOR THE DONATIONS OF LUTHER AUTOMOTIVE GROUP IN SUPPORT OF YOUTH SOCCER -6- DRAFT01/14/13 Mayor Willson read in full the resolution expressing appreciation to Luther Automotive Group. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013-12 Expressing Appreciation for the Donations of Luther Automotive Group in Support of Youth Soccer. Motion passed unanimously. Mayor Willson presented the resolution to Ms. Linda McGinty representing Luther Automotive Group. 8. PUBLIC HEARINGS 8a. KYLAWN PARK AREA IMPROVEMENTS Public Works Director/City Engineer Steve Lillehaug introduced the item, reviewed the background, and stated the purpose of the proposed Resolution to order the improvement and authorize preparation of plans and specifications for Improvement Project Nos. 2013-01, 02, 03, and 04. The second public hearing tonight will relate to the certification of special assessments for Improvement Project Nos. 2013-01 and 02. Mr. Lillehaug reviewed the public hearing process and indicated no appeals or objections had been received prior to tonight's meeting. Should an objection or appeal be received tonight, staff recommends that specific property be tabled to the next meeting. Mr. Lillehaug then presented the Kylawn Park Area Street, Storm Drainage and Utility Improvements. Mayor Willson noted with the 2008 project through his neighborhood he was impressed that the excavation at his driveway was filled to provide access. Mr. Lillehaug confirmed that residents will be able to access their driveway in the morning and evening and as needed during the day. Mr. Lillehaug presented the estimated project costs and budget, including the City's funding strategy. He noted the total project cost is $6,351,000 and funded via assessments (22% of the street and storm sewer cost), Water Utility, Sanitary Sewer Utility, Storm Drainage Utility, Street Light Utility, MSA Funds, and Street Reconstruction Fund. He displayed a map depicting the area of assessment and stated each single-family home will be assessed $4,851. He advised the church on Brooklyn Boulevard and duplex on June Avenue will be assessed on a front footage basis. The City property will not be assessed and the single-family resident on property that can be subdivided will be assessed at two units in conformance with past policy. Mr. Lillehaug presented special assessment payment options and the project schedule. Councilmember Ryan asked whether some cities assess the total project. Mr. Lillehaug indicated there is a range of what cities assess from 100% of the project costs to a lesser amount than assessed in Brooklyn Center. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. -7- DRAFT01/14/13 Motion passed unanimously. Ms. Rubinstein, 5812 Halifax Avenue North, asked whether the tree in her boulevard will be impacted and how much shorter her front yard will be as a result of the project. Mayor Willson asked staff to research that question and respond back to Ms. Rubinstein. Couneilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 1.RESOLUTION NO. 2013-13 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2013-01, 02, 03, AND 04, KYLAWN PARK AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013-13 Ordering Improvements and authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2013-01, 02, 03, and 04, Kylawn Park Area Street, Storm Drainage, and Utility Improvements Motion passed unanimously. 2.RESOLUTION NO. 2013-14 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2013-01, AND 2012-02, KYLAWN PARK AREA STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS It was noted the purpose of the proposed resolution is to certify special assessments for the street and storm drainage improvements for Improvement Project Nos. 2013-01 and 02 to the Hennepin County Tax Rolls. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Kleven seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013-14 Certifying Special Assessments for Improvement Project No. 01/14/13 -8- DRAFT 2013-01 and 2012-02, Kylawn Park area Street and Storm Drainage Improvements to the Hennepin Count Tax Rolls. Motion passed unanimously. 8b. RESOLUTION NO. 2013-15 VACATING A SIREN EASEMENT, NUMBER 75811467, HENNEPIN COUNTY, MINNESOTA (6700 BROOKLYN BOULEVARD, LUTHER TOYOTA SITE) Mr. Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed resolution to vacate certain easements pertaining to the site redevelopment in connection with the final plat approval of Brimar Second Addition, Luther Toyota Site located at 6700 Brooklyn Boulevard. It was noted the vacated easement would not be recorded until the City obtains a new siren easement. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2013-15 Vacating a Siren Easement, Number 7581467, Hennepin County, Minnesota (6700 Brooklyn Boulevard, Luther Toyota Site). Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2012-022 SUBMITTED BY LUDMILA BRYSKINA. REQUEST FOR VARIANCE TO CITY CODE SECT. 35-111, THE EXPANSION OF A NON-CONFORMING STRUCTURE IN THE R- 1 (RESIDENCE ONE) DISTRICT, WHICH WOULD ALLOW THE APPLICANT THE ABILITY TO CONSTRUCT A PASSAGEWAY/TUNNEL BETWEEN AN EXISTING DWELLING AND DETACHED GARAGE, AND MAINTAIN A REDUCED SETBACK FOR THE GARAGE OF 18.3-FEET FROM THE REQUIRED 35 FEET. FRONT YARD SETBACK. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS DECEMBER 13, 2012, MEETING 01/14/13 -9- DRAFT Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2012-22 submitted by Ludmilla Bryskina for a variance to City Code Section 35-111, Non-Conforming Uses, located at 5601 Indiana Avenue North, to construct a passageway/tunnel between an existing dwelling and detached garage, and maintain a reduced setback for the garage of 18.3 feet from the required 35-foot front yard setback. He advised the Planning Commission unanimously recommended approval of the applications at its December 12, 2012, meeting, noting pre- and post-engineering will be required to address water drainage. Mr. Benetti answered questions of the City Council relating to the elevation of the basement, tunnel, and garage. 1. RESOLUTION NO. 2013-16 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-022 SUBMITTED BY LUDMILLA BRYSKINA FOR APPROVAL OF A VARIANCE TO CITY CODE SECTION 35-111, NON-CONFORMING USES, LOCATED AT 5601 INDIANA AVENUE NORTH Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013-16 Regarding the Disposition of Planning Commission Application No. 2012-022 Submitted by Ludmilla Bryskina for Approval of a Variance to City Code Section 35-111, Non-Conforming Uses, Located at 5601 Indiana Avenue North. Motion carried unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a.SELECT PRESIDING OFFICERS — MAYOR PRO TEM AND ACTING MAYOR PRO TEM Mayor Willson presented his recommended slate of officers. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to ratify the Mayor's nomination of Dan Ryan as Mayor/President Pro Tern and Carol Kleven as Acting Mayor/President Pro Tem for 2013. Motion passed unanimously. 10b.RE' SOLUTION NO. 2013-17 DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER Mayor Willson read in full the draft resolution and noted this is an annual declaration. Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011-17 Declaring Commitment to the Brooklyn Center City Charter. 01/14/13 -10- DRAFT Motion passed unanimously. 10c. MAYORAL APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY REPRESENTATIVE/VOTING DELEGATES FOR OTHER ORGANIZATIONS FOR 2013 Mayor Willson announced the following appointments to serve as liaisons to City Advisory Commissions and as City Representative/Voting Delegates for Other Organizations for 2013: Financial Commission Housing Commission Park and Recreation Commission Crime Prevention Program Earle Brown Days Committee League of Minnesota Cities Metro Cities North Hennepin Area Chamber of Commerce Ad Hoc Youth Advisory Commission Carol Kleven Lin Myszkowski Kris Lawrence-Anderson Kris Lawrence-Anderson Carol Kleven; Tim Willson — Alternate Dan Ryan; Tim Willson — Alternate Tim Willson; Dan Ryan — Alternate Dan Ryan Lin Myszkowski Councilmember Ryan moved and Councilmember Myszkowski seconded to ratify the above Mayoral Appointments. Motion passed unanimously. 10d.MAYORAL REAPPOINTMENTS OF CITY ADVISORY COMMISSIONS Mayor Willson announced the following reappointments to City Advisory Commissions for 2013: Financial Commission (terms to expire December 31, 2015): Steve Landis and Dean Van Der Werf Park and Recreation Commission (terms to expire December 31, 2015): John Russell and Thomas Shinnick Planning Commission (terms to expire December 31, 2014): Sean Rahn and Stephen Schonning Northwest Suburbs Cable Communications Commission (term to expire December 31, 2013): Rex Newman Councilmember Myszkowski moved and Councilmember Kleven seconded to ratify the above Mayoral Appointments. Motion passed unanimously. 10e.MAYORAL APPOINTMENT OF MEMBER TO SERVE ON FINANCIAL COMMISSION 01/14/13 -11- DRAF T Mayor Willson announced the appointment of Patricia Glenn, 6511 Humboldt Avenue North, #315, to the Financial Commission with a term to expire December 31, 2013. Councilmember Ryan moved and Councilmember Myszkowski seconded to ratify the above Mayoral Appointment. Motion passed unanimously. 10f. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 3401 47 TH AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 3401 47 th Avenue North was inspected and 103 (4.68/unit) property code violations were cited and ultimately corrected. There have been zero validated police incidents/nuisance calls within the last 12 months. It was noted the previous rental license under the former two- year license system was revoked by the City Council on February 27, 2012. 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. With regard to ARM attendance, Ms. Schleuning indicated staff can verify attendance; however, the date of attendance does not fall within the six-month license period so the property cannot qualify for a higher type of license during the next application period. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. Bob Wulf, Beard Avenue Apartments, stated they received a weather deferral for repairs and asked the Council to recognize during the next license period that they had attended the January 10, 2013, ARM meeting. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 3401 47 th 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. 01/14/13 -12- DRAFT 10g.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6331-6401-6425 BEARD AVENUE NORTH Ms. Schleuning advised that 6331-6401-6425 Beard Avenue North was inspected and 278 (7.72/unit) property code violations were cited and ultimately corrected. There have been two 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 Myszkowski moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Bob Wulf, Beard Avenue Apartments, stated they received a weather deferral for repairs and asked the Council to recognize during the next license period that they had attended the January 10, 2013, ARM meeting. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6331-6401-6425 Beard Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Mayor Willson noted Mr. Wulf had asked for consideration in making ARM meetings; however the City and Council have taken a strong view to follow the Mitigation Plan put forward without exception. Motion passed unanimously. 10h.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6012 KYLE AVENUE NORTH Ms. Schleuning advised that 6012 Kyle Avenue North was inspected and 19 property code violations were cited and ultimately corrected. There have been zero 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 -13- DRAFT01/14/13 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 Myszkowski seconded to open the hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6012 Kyle 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. 10i. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5341 GIRARD AVENUE NORTH Ms. Schleuning advised that 5341 Girard Avenue North was inspected and 15 property code violations were cited and ultimately corrected. There have been zero 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 Kleven moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5341 Girard Avenue North, -14- DRAFT01/14/13 with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10j.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7044 DREW AVENUE NORTH Ms. Schleuning advised that 7044 Drew Avenue North was inspected and 11 property code violations were cited and ultimately corrected. This is a new rental license. 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 Myszkowski moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 7044 Drew 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. 10k.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 2701 65 TH AVENUE NORTH Ms. Schleuning advised that 2701 65 th Avenue North was inspected and 21 property code violations were cited and ultimately corrected. There have been zero 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. 01/14/13 -15- DRAFT Councilmember Ryan moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 2701 65 th 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. 101. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7100 KYLE AVENUE NORTH Ms. Schleuning advised that 7100 Kyle Avenue North was inspected and 11 property code violations were cited and ultimately corrected. There have been zero 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 Myszkowski seconded to open the hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 7100 Kyle Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. -16- DRAFT01/14/13 Motion passed unanimously. 10m.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR BROOKSIDE MANOR (1121-1307 67 TH AVENUE NORTH) Ms. Schleuning advised that Brookside Manor (1121-1307 67 th Avenue North) was inspected and 748 (8.3/unit) property code violations were cited and ultimately corrected. There have been five 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 Myszkowski 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 Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for Brookside Manor (1121-1307 67 th 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. 10n.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 3400 66T11 AVENUE NORTH Ms. Schleuning advised that 3400 66 th Avenue North was inspected and nine property code violations were cited and ultimately corrected. There have been zero validated police incidents/nuisance calls within the last 12 months. She indicated the property owner failed to meet the condition(s) of the Type IV Rental License, specifically failure to attend Owners/Managers Association Meetings, turn in monthly updates, and failed to complete security improvements. Ms. Schleuning explained the license has an expiration of October 31, 2012. If this license is approved, the property will continue to operate without a cunent rental license. Since the license application process has not been met for a current time period, legal actions are being taken through the Hennepin County court system. This property qualifies for a Type IV six-month 01/14/13 -17- DRAFT 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 of a Type IV Rental License in lieu of denial because the property met the standards for the license period being considered for Council action. It was noted that issuing this license for the past time period will meet any City obligations set forth by ordinance and provide clearer records regarding license status and actions for this property. Mayor Willson pointed out there is not a valid rental license for the current rental period. Ms. Schleuning confirmed the license under consideration expired October 31, 2012. The current rental license application process has not been met so approval will not bring the property up to date. She indicated the property owner has received several citations for not meeting the rental license requirements but not submitted for an application process to bring the licensure current so that matter is in court. Staff recommends approving this license because it will clear the City's records and obligations. City Attorney Charlie LeFevere advised the City has previously granted licenses after the start date and this consideration uses the same principal. He indicated the City wants to get this license in place because a basis for license revocation/nonrenewal, is failure to comply with the license requirements. Mr. LeFevere stated the only reason for the hearing is to consider the Mitigation Plan. If the Council wanted to take action to not approve the license, those grounds would need to be specified, the property owner given notice, and a revocation hearing scheduled and held. Mayor Willson stated since the property owner has not complied with renewal of the rental license, he is inclined to direct staff to draft rationale to deny the rental license and notify the applicant of a revocation hearing. The City Council discussed staff's recommendation for approval of the rental license to establish the Mitigation Plan (standards the property owner is required to meet), and strengthen the City's position in its legal action. Mr. LeFevere advised that the period of time under prosecution for operating without a rental license is not the license term under consideration tonight. He explained if the Council wants to consider revocation, it would be on the next rental license. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Kleven seconded to close the hearing. Motion passed unanimously. 01/14/13 -18- DRAFT 1. RESOLUTION NO. 2013-18 APPROVING A TYPE IV RENTAL LICENSE FOR 3400 66TH AVENUE NORTH Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013-18 Approving a Type IV Rental License for 3400 66 th Avenue North. Mr. Boganey noted this issue is compounded since the license period is only for six months and the property owner has demonstrated no interest in complying with the City's ordinances, which is the reason it is now under court action. Mayor Willson voted against the same. Motion passed. 11. COUNCIL REPORT Councilmember Ryan highlighted achievements accomplished during 2012 including commercial redevelopment, residential neighborhood improvement, enforcement of performance based rental program, continued efforts to assure a safe and secure community through crime reduction, and improving the City's image. He thanked staff, the Council, and residents, indicating he looks forward to greater achievements in 2013. Councilmember Kleven reported on her attendance at the following: •January 10, 2013, North Hennepin Area Chamber of Commerce State of the Cities Luncheon Councilmember Kleven encouraged residents to maintain their New Year's Resolution by becoming more active at the Youth Recreation Center. She announced the upcoming opening of Slim's Pizza on 69 th and Brooklyn Boulevard, commented on the construction of 4001 Lakebreeze, and expected projects at Shingle Creek Crossing. Councilmember Kleven then presented an update on the Brooklyn Center housing market for November of 2012. Councilmember Myszkowski reported on her attendance at the following: •December 11, 2012, Housing Commission Meeting •December 18, 2012, CEAP Toys distribution •December 23, 2012, brought students to the Earle Brown Terrace to showcase Brooklyn Center •January 10, 2013, North Hennepin Area Chamber of Commerce State of the Cities Luncheon Councilmember Myszkowski reported on the interest of Minnesota School of Business students to help Brooklyn Center's Sister City. She then informed residents in the Osseo School District of the February 7, 2013, public forum to discuss $11 million in budget cuts over the next two years. Councilmember Lawrence-Anderson stated she is excited to be at her first City Council meeting and reported on her attendance at the following: •December 11, 2012, Housing Commission Meeting •January 11, 2013, Brooklyn Center Business Association Board Meeting -19- DRAFT01/14/13 Councilmember Lawrence-Anderson commented on her commitment to the Community Welcome Program and intent to continue to distribute new resident bags. She stated she will also work with the Housing Committee Chair and Vice Chair as well as City staff to assure a smooth transition. Mayor Willson reported on his attendance at the following: •January 8, 2013, Brooklyn Center Fire Department Relief Association Quarterly Board Meeting •January 9, 2013, Minnesota Chamber of Commerce Dinner •January 10, 2013, Midwest Gun Violence Summit •January 10, 2013, North Hennepin Area Chamber of Commerce State of the Cities Luncheon 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 9:25 p.m. Motion passed unanimously. -20- DRAFT01/14/13 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JANUARY 14, 2013 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 9:37 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. BROOKLYN BOULEVARD CORRIDOR STUDY UPDATE Public Works Director/City Engineer Steve Lillehaug introduced the item, provided an overview of public outreach, and described documentation created. Beth Bartz, SRF Consulting, presented an overview of the Brooklyn Boulevard Corridor Study, vision and goals, consideration of existing goals, and concept for three segments. She then described traffic components, land use transition areas, landscaping, and transit corridors. Kevin Julie, SRF Consulting, presented components contained in the Implementation Plan and advantages to consider smaller projects with realistic funding amounts and available funding sources, to allow for certain traffic safety and operational benefits implemented sooner than waiting for the entire project; to allow for projects to line up with proposed redevelopment as it occurs; and, more manageable construction with smaller, more limited projects. He reviewed phased improvement projects that had been identified and potential funding sources. Mr. Julie described the next steps to move forward to assure preparedness when funding becomes available to implement improvements. Director of Business and Development Gary Eitel advised of the Planning Commission's consideration to preserve and enhance the adjacent residential neighborhoods; to protect adjacent residential properties; and, to identify necessary right-of-way impacts and corridor widths. With regard to Mn/DOT's response to a bridge theme, Mr. Lillehaug advised that Mn/DOT will fund a standard amount for re-decking, surface texturing, street lighting, and the rails. Anything 01/14/13 1 DRAFT beyond that would be a City expense. He indicated the City will need to develop a theme with Mn/DOT shortly because the Brooklyn Bridge is under design. It was noted the Bass Lake bridge theme is similar to the France Avenue bridge. Mr. Eitel presented roadway segment elements and options that could be considered. Councilmember/Commissioner Ryan pointed out that the properties along 60 th and Admiral Lane north from the church are shallow so for redevelopment to occur, the next tier of properties need to be considered as opportunities arise. Mr. Eitel indicated staff will prepare concepts to show how that area could develop. He concluded presentation of the Planning Commission's consideration of future land use and redevelopment areas. Mr. Lillehaug responded to the City Council's/EDA's questions related to timing of improvements by Malmborg's Garden Center and traffic loads anticipated in the future. He requested Council comment pertaining to the Study and Executive Summary as a whole. City Manager Curt Boganey responded to the City Council' s/EDA' s questions related to methods available for the City to purchase properties between 63 rd and Halifax. He explained that a change in State law severely limited the City's ability to use eminent domain and there is a general opinion that in the future cities may have to provide evidence that it needs more authority. Mr. Boganey stated if there is a situation where the City has acquired 95% of the properties within a block but there is one holdout, it may want to go before the Legislature to request some authority be granted. The City Council/EDA voiced its support for the Brooklyn Boulevard Corridor Study and Executive Summary, as presented, noting it has taken the project further than previous studies by identifying properties to be acquired and combined, revenue streams, and funding mechanisms. Mr. Lillehaug thanked the City Council/EDA for its input and stated staff will bring this Study before the City Council for formal action. CHARTER COMMISSION REQUEST FOR INFORMATION Mr. Boganey introduced the item, noting the on December 26, 2012, the City Clerk received a request from the Charter Commission Chair requesting response to seven questions. He reviewed the three methods available to amend the City Charter and requested further direction from the Council regarding how staff should respond. The City Council/EDA reviewed the questions of the Charter Commission and staff's response. With regard to the first question: "As a general matter, does the City staff have any concerns about the City Charter?" Mr. Boganey indicated it would not consume too much staff time to review the City Charter and prepare a list of items that lack clarity or are in conflict with State Statute. With regard to Question 3: "Why is the Planning Commission exempt from having a Council liaison?" Mayor/President Willson explained that if a City Council Member served as a liaison to 01/14/13 -2- DRAFT the Planning Commission, that Member may "tip their hand" in how they will vote, possibly creating a conflict when the application comes before the City Council. During discussion, the City Council/EDA indicated support for Mr. Boganey's responses and directing staff to review and provide a recommendation on Charter revisions that would allow the City to operate more efficiently and resolve conflicts with State Statutes relating to special elections. Those recommended revisions could then be considered by the Charter Commission. The City Council/EDA would like those items identified and be "shovel ready" in the event it is decided to place the question on the ballot. With regard to Question 4: "Does the City have a uniform application for Council vacancies under Section 2.05b?" Mr. Boganey indicated it is only needed if the City Council/EDA wanted it included in the City Charter. With regard to Question 5: "Does the City have a set of procedures in place for Mayoral action in a public emergency or danger under Section 2.06?" The City Council/EDA acknowledged it has FEMA approved documentation and such procedures in place for the Mayor, in conjunction with the Council, City Manager, Police Chief, and Fire Chief. Mr. Boganey indicated the Charter could be more of a "living document" by removing timelines and administrative procedural language, making it a governing document instead of a procedural document. He indicated staff will provide the City Council/EDA with identified issues and language. ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Myszkowski seconded adjournment of the City Council/Economic Development Authority Work Session at 10:59 p.m. Motion passed unanimously. 01/14/13 -3- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: TO: FROM: SUBJECT: January 22, 2013 Curt Boganey, City Manager Maria Rosenbaum, Deputy City Cleit1,0( Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its January 28, 2013. 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. MECHANICAL Heating & Cooling Two Owens Companies Inc. Pace Plumbing Standard Water Control Wend l Services Inc. PUBLIC DANCE Brooklyn Center Investment Group RENTAL See attached report. TOBACCO RELATED PRODUCT Quick Stop Regal Foods Corp 18550 County Road 81, Maple Grove 930 E 80 th Street, Bloomington P.O. Box 270935, St. Paul 5337 Lakeland Avenue N, Crystal 8148 Pillsbury Avenue S, Bloomington 2101 Freeway Boulevard 5808 Xerxes Ave N 615 66 th Ave N - Mission: Ensuring an attractive, cleon„safe, inclusive community that enhances the quality of life for all people and preserves Me mink trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit 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 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 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 unitsGreater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. ission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of Jar all people and preserves the public trust Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** 7024 Morgan Ave N Single Family Initial Cory McClure 7 III N/A III 5529 Aldrich Dr N Single Family Renewal Betty Scully 0 I 0 I II 6712 Beard Ave N Single Family Renewal Morris Matthews 2 II 0 II II 5548 Dupont Ave N Single Family Renewal John Lindahl 4 II 0 II II 7042 Emerson Ave N Single Family Renewal John Hicks 2 II 0 II II 6809 Fremont Pl N Single Family Renewal Ali Sajjad 0 I 0 I II 6828 Fremont Pl N Single Family Renewal Ali Sajjad 0 I 1 I II 5550 Girard Ave N Single Family Renewal Restart, Inc.7 III 0 III II 6819 Humboldt Ave N A304 Single Family Renewal New Concepts Mgmt.0 I 2 II IV 6737 Regent Ave N Single Family Renewal Kim Vu-Tran 6 III 0 III III 6913 Toledo Ave N Single Family Renewal Fred Hanus 0 I 0 I IV * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.) ** License Type Being Issued Type I = 3 Year Type II = 2 Year Type III = 1 Year ***Initial licenses will not show a previous license type; N/T indicates No Type since it was under the previous 2-year rental license program All properties are current on utilities and property taxes Rental Licenses for Council Approval on January 28, 2013 City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 4/(yRilm DATE: January 16, 2013 SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for a Social Event to be Held March 16, 2013 Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on-sale liquor license submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for a social event to be held March 16, 2013. Background: St. Alphonsus Church, 7025 Halifax Avenue North, has submitted an application and permit for temporary on-sale liquor license for a social event to be held March 16, 2013. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust ST PATRICKS DAY DANCE/RAFFLE ,4r—oF pug;N, Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION esi 444 Cedar Street Suite 222, St. Paul MN 55101-5133 k'k° PA I I_ „, (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 ST ALPHONSUS CHURCH DATE ORGANIZED 1959 TAX EXEMPT NUMBER ES 32045 STREET ADDRESS . 7025 HALIFAX AVE N CITY BROOKLYN CENTER STATE MN ZIP CODE 55429 NAME OF PERSON MAKING APPLICATION •MICHELLE KARLSON 763)503 -3389 BUSINESS PHONE HOME PHONE ( ) DATES LIQUOR WILL BE SOLD MARCH 16, 2013 TYPE OF ORGANIZATION CLUB CHARITABLE OTHER NONPROFITI ORGANIZATION OFFICER'S NAME FR PETER CONNOLLY, C.Ss.R. ADDRESS 7025 HALIFAX AVE N BROOKLYN CENTER MN ORGANIZATION OFFICER'S NAME ADDRESS . 554 2 9 ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area, describe SCHOOL GYM 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 RELIEF SOCIETY OF AMERI C A APPLICATION MUST BE APPROVED BY CITY OR COUNTY •COUNTY B rc.).D \ 1 n eenier APPROVAL ENFORCEMENT BEFORE SUBMITTING DATE APPROVED LICENSE DATES TO ALCOHOL & GAMBLING CITY FEE AMOUNT 3 a5. LC) DATE FEE PAID A' )it mitA/af:;A: SIGNATURE CITY CLERIC OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or counts' 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. 6d COUNCIL ITEM MEMORANDUM DATE: January 23, 2013 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Establishing Parking Restrictions on June Avenue North from 58 th Avenue North to 61 St Avenue North Recommendation: It is recommended that the City Council approve the resolution establishing no-parking restrictions along the west side of June Avenue North from 58 th Avenue North to 61 St Avenue North in accordance with Municipal State Aid (MSA) requirements. Background: Street improvements are currently being coordinated and considered for June Avenue North between 58 th and 61 5t Avenues in accordance with the 2013 Capital Improvements Program (see attached figure). June Avenue North is designated as a MSA route, which allows the City to expend MSA gas tax funding for a portion of the construction costs for this project. The MSA approval process includes certain standards for street widths and on-street parking that must be followed as prescribed in Minnesota Rule 8820.9936. The state aid route listed above as proposed will be 32-feet wide between 58 th and 61 st Avenues. This street width is not sufficient to allow on-street parking on both sides of the street based on MSA design standards. Parking along June Avenue North is currently allowed between 58 th Avenue North and 61 St Avenue North. The proposed resolution would officially establish a No-Parking Zone on the west side of the street between 58 th Avenue North and 61 5t Avenue North. This action is required as a condition of plan approval from the Minnesota Department of Transportation. Budget Issues: Installation of new No-Parking signs is included in the project cost for the street improvement project. Routine replacement of the new signs that occurs approximately every 14 years will be input into our asset management system and will be included in future operating budgets. No additional budget issues are involved with officially adopting the current parking restrictions. Council Goals: Strategic: 7. We will continue to maintain the city's infrastructure improvements Mission: Ensuring an attractive, clean, safe, inclusive coninutnity that enhances the quality of life for all people and preserves the public trust its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON JUNE AVENUE NORTH FROM 58 TH AVENUE NORTH TO 61 st AVENUE NORTH WHEREAS, the City of Brooklyn Center has planned the improvement of June Avenue North between 58 th Avenue North and 61 st Avenue North within the City of Brooklyn Center, Minnesota; and WHEREAS, the City of Brooklyn Center will be expending Municipal State Aid Funds on the improvements of said streets; and WHEREAS, the proposed street improvements do not provide adequate width for parking on both sides of the street between 58 th Avenue North and 61 st Avenue North; and WHEREAS, approval of the planned construction improvements as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions to meet the minimum roadway design standards in accordance with Minnesota Rule 8820.9936. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City shall ban the parking of motor vehicles at all times on the west side of the following street segment: 1. June Avenue North from 58 th Avenue North to 61 st Avenue North January 28, 2013 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. 1d31H2M01 AAS 11-101?=1 iddfl S City Council Agenda Item No. 7a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF STAN LEINO FOR HIS DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION WHEREAS, Stan Leino served on the Planning Commission from September 24, 2007, through December 31, 2012; and WHEREAS, Stan Leino 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, his leadership and expertise have been greatly appreciated by the Planning 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 Stan Leino is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service he has rendered to the citizens of Brooklyn Center. January 28, 2013 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7b COUNCIL ITEM MEMORANDUM DATE: January 24, 2013 TO: City Council FROM: Curt Boganey, City Manag SUBJECT: Open to Business Recommendation: It is recommended that the City Council consider receiving the verbal report from Mr. Rob Smolund representing Open to Business. Background: Open to Business is a program of the Metropolitan Consortium of Community Developers. It is a partnership with Hennepin County Housing and Redevelopment and the City of Brooklyn Center/EDA. The purpose of the program is to provide free business, advice, consultation service to new and existing business. Annually, the EDA contributes $6,000 to this activity. On Monday, Mr. Smolund will make a presentation about the program in general and the results that have occurred over the last year. It is an opportunity for the Council to ask questions about the program and a way to inform the public about the valuable services that are available. I have enclosed a brief summary of activities for calendar year 2012 which Mr. Smolund will expand upon during his presentation. Budget Issues: There are no budget issues to consider. Council Goals: •We will proceed aggressively with implementation of City's redevelopment plans •We will provide streamlined, cost effective, quality services with limited resources . . - Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life Or all people and preserves the public trust 3137 Chicago Ave Minneapolis, MN 55407 www.mccdmn.org info@mccdmn.org 612-789-7337 voice 612-822-1489 fax C Metropo itan Consortium of Community Developers 2012 at a Glance MCCD Direct Loans - Total How many direct loans did we 32 make in 2012? How much of our own funds $1,581,685 did we lend out in 2012? How much did our direct loan 117% In 2011, MCCD made direct loans totaling volume increase over 2011? $728,840 to 33 small businesses. How much other money did $7,758,436 On average, every $1 of MCCD funds leveraged our loan fund leverage? another $4.91 in financing from banks, community partners, and owner's equity. How many jobs will our 32 248 small businesses create or retain? Direct Loans of $25,000 or less (to new and emerging businesses) How many micro-loans did we 20 make in 2012? How much of our own funds $244,892 did we lend out as micro- loans? How much other money. did $935,836 On average, every $1 of MCCD funds leveraged our micro-loan program another $3.82 in financing from banks, leverage? community partners, and owner's equity. How many jobs will our 20 117 micro-loan borrowers create or retain? What share of our micro-loans 50% The largest share (30%) was to African went to minority-owned American owned businesses followed by Latino businesses? owned businesses (15%). Where are most of our micro- Minneapolis 75% of our micro-loan borrowers are in loan borrowers located? Minneapolis. The other five businesses were located in Brooklyn Park, Saint Paul, and Chaska. Direct Loans greater than $25,000 (to second stage and growing businesses) How many second stage 12 business loans did we make in 2012? How much of our own funds $1,336,794 did we lend out as second stage loans? How much other money did $6,822,600 On average, every $1 of MCCD funds leveraged our second stage loan another $5.10 in financing from banks, program leverage? community partners, and owner's equity. How many jobs will our 12 131 second stage borrowers create or retain? In how many cities were our 9 Businesses were located in Minneapolis, Golden 2012 second stage borrowers Valley, North St. Paul, Chanhassen, Oak Grove, located? Robbinsdale, Eden Prairie, East Bethel, and Cedar Credit Builder Loans How many credit builder loans 57 did MCCD make in 2012? How much did credit builder 111% MCCD made nearly as many credit builder loans loan volume increase over in 2012 as we had made in 2009, 2010, and 2011? 2011 combined. What share of our credit 88% The largest share (47%) was to African builder loans went to Americans followed by Latinos (35%). minorities? Total Loan Volume (Direct Loans, Credit Builder Loans, and Administered Loans) In all, how many loans did we 118 This number also includes 3 Northside Tornado close in 2012? Loans and 26 Central Corridor Loans which we administer for the city of Minneapolis. In all, how much money did $2,108,558 This amount includes MCCD's own funds along we lend out? with funds we administered on behalf of our community partners. How much did loan volume 74% increase over 2011? The Loan Portfolio at a Glance 12/31/2011 12/31/2012 Recourse Loans Outstanding $900,888 $1,318,251 Nonrecourse Loans Outstanding 565,358 752,920 Non-MCCD Loans Outstanding 861,298 1,324,274 Total $2,327,544 $3,395,445 Recourse Loans Allowance $117,932 $179,492 As % of Loans Outstanding 13.1%13.6% Nonrecourse Loans Allowance $115,643 $132,388 As % of Loans Outstanding 20.5%17.6% (N, (1) (1) = CD 0CU i 1■19 lal P 03 8 L Z in' - 0cYrtiril0 i CO 1.-1 .E .„, .- u) CCI a) CN.I a) hra 0 8 =K'7 Z 8 ',;,- -8 W 0 . coo -5r; a) Q f5 03 0E r-- @,)8 cs; o0 U 4-c — c 2 8 (2) 0 ,;__,Hz, p_V 8 0 u_0.._N ,e) co a) .0'C 00 00eL (0 co •C0) 47+C •E0)c C 2 To-o4- a.0)10 cc; "6 7— a) o)E "2 o.17') 0 Ea) co o c\ (L)÷] c ox .673 c N..0oce, 0or) E E8 co o m • F1,2CO(0 .— E c'JC C'---C 0I-0) a)0)CoCcciE C•(0C:a)4—' 00o-a -:= • 0uI C'-.-aa)ci)C 0-ci Co4—' 0.I-0 Coa)CoCa)0 4—,(0-C C..-. Ea)-C4—.-4—.a)0) 0-D 0I Co 0)6. (ciC:0 U)(0 0 C'-->a)CL.0 CoU)a) 0 0)C:3 •03 Co (0 ci)0 C-)-I1 (/)Co CoE Co 0-J Co ci: :30 C: I CoCoCo Co:3-0 C)) ci)0CCo 'C C 0 0 CCo L. -Q0(3 - 0ECo CoC Co U)Co (1) C) C Co t3Co L. Co'.— OCo 0.o QO) 0Co Co 0 (3) 0)•C :3 C (1) L.•Co Co 3•Coco Ec:- 0C 0Co 00) --2, 0) Coc'-. (00-Ca) -C ci)C0CO C ci)CCO0)L. cia C)>00'— 0)a- C(1) =(1)0)®(l)CCE3 Ii CoU)CCci Co C.0 H L0—C ci) >.' a--Co00I— CoOCo 0)2o . -ao Ccci:3 CoOt-CC -0----a- • 0 2E -0. a-a 0 - •(/) ci)w C ci) .EE-Q0) /) ' ci) 0 ci) (0CC CO.2C•Q_a)4-' 0- C - ci)ci) '— 0) OOa) 8 ± • a) CoQ)ci) C ci) C: U)C/)0 - . ' C E ci) a C . > •3•COCo0Co00. (0 0 0 . - CY)fl C'-.Co0)CoCa)0x •Co 'Coci) C:CoCo :3 0 U)-'-' 0- O • 0 01ci)U) :30 CoCo C: 0)U):3C::3 -0(3C:ci Co()C.)ci) -0 :30 C: Co (0 a)ci)-Q -Q 0 C:.2-a) IC,I—Co :3Coa)0 >' 4t — :3 00Coa)Cci)Cot- @0 -o ci)C 0)O C Co -Cl)CCa)Q) >Q(0 • 0 10C C\1CoO0-I- 0C:(0 Co (0(0Co C:Co 2 CoCo C: Co:3 0 -a Co 0Co 4- C(00. CoCoci)C (I):3.0 a)a)C 0a C'-. C :3 C)C C'-.a)0Co0.CoCoCoa)CCo:3.0> L.C:0Co (I) (000) CJ) -C0Coa) 0 0 C(0 U)I—a)E04—'C/):30>Ea) cci0 C'-.Ea) City Council Agenda Item No. 9a COUNCIL ITEM MEMORANDUM DATE: January 28, 2013 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialis THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Recommended Disposition of Planning Application No. 2013-002 Submitted by Loren Van Der Slik (For Gatlin Development Company) A Request for Preliminary Plat of Shingle Creek Crossing 3rd Addition Recommendation: It is recommended that the City Council, following consideration of this planning application item, adopt the Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2013-002 Submitted by Loren Van Der Slik (For Gatlin Development Company) A Request for Preliminary Plat of Shingle Creek Crossing 3rd Addition. Background: On January 17, 2013 the Planning Commission conducted a public hearing on Planning Commission Application No. 2013-002 submitted by Loren Van Der Slik (For Gatlin Development Company) for Preliminary Plat approval. Attached for review is Planning Commission Resolution No. 2013-01, in which the Commission provided a favorable and unanimous recommendation of the Preliminary Plat. Excerpts from the January 17, 2013 Commission meeting minutes, as related to this consideration of this matter, are also attached. Please note the resolution attached to this memorandum is only in reference to the preliminary plat. The new final plat is to be presented separately by the City Engineer and considered under separate action by the City Council. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will proceed aggressively with implementation of City's redevelopment plans. 4. We will improve the city's image. MISS1011: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-002 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN DEVELOPMENT COMPANY) A REQUEST FOR PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 3rd ADDITION WHEREAS, Planning Commission Application No. 2013-002 submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, requesting approval of a Preliminary Plat of a new subdivision to be titled SHINGLE CREEK CROSSING 3rd ADDITION, which is a replat of six (6) lots into five (5) newly reconfigured lots, generally located within the Shingle Creek Crossing Planned Unit Development project site, (Subject Site); and WHEREAS, the Planning Commission held a duly called public hearing on January 17, 2013, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of SHINGLE CREEK CROSSING 3rd ADDITION, which were received and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2013-002, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 — Platting. AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center does recommend to the City Council that Application No. 2013-002 as submitted by Loren Van Der Slik, on behalf of Gatlin Development Company requesting Preliminary Plat consideration of a new subdivision to be titled SHINGLE CREEK CROSSING 3rd ADDITION, be approved based upon the following conditions: 1.The Developer will submit under PUD Amendment No. 4 an updated and overall master plan for the site which includes all new or proposed lot line changes, building configurations, parking plan layouts, landscaping, and other relevant plan updates. 2.The Developer must submit an updated Preliminary Plat, which is consistent with and conforms to the approved Shingle Creek Crossing — Amendment No. 1 Master Plan. 3. Any easements that need to be vacated under this platting process as determined by the City Engineer, must be considered under separate and foimal City easement vacation process, with all documentations, descriptions, and exhibits signed by a licensed surveyor. RESOLUTION NO. 4.If the preliminary plat and/or final plat noted herein undergo any significant changes or revisions between this preliminary plat approval and future final plat consideration by the City Council, the Preliminary Plat [and Final Plat] will be sent back to the Planning Commission for additional review and consideration. 5.The recommendations and conditions as noted in the City Engineer's review memorandum, dated January 11, 2013 must be addressed or complied with as part of any final plat approvals. 6.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 7.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 8. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2013-002 as submitted by Loren Van Der Slik, on behalf of Gatlin Development Company requesting Preliminary Plat consideration of a new subdivision to be titled SHINGLE CREEK CROSSING 3rd ADDITION, be approved based upon the those same conditions memorialized herein. January 28, 2013 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. 0.44-3. non, 14 \11,0_1333V\CATUN 133.1.1443f43 \SSOOKOALE CEATER \CAN \nno•A AGLIA1 \0001 Afclinon Ant.44,0r PlAr.a,g 1 a 3 0{1l6,20I2243p1 25 ••,,ta,t•ch 7 1 '. <1 1 = 1 1 '2 1 1 El 1 g 1 8 1 3 0 '1 ,•-•0-",••ati•71§j:ISy• • as •oujil 1111 11 Wi@PHWES'511'0 :;P+Atir1P,X0E -0 SHINGLE CREEK CROSSING BROOKLYN CENTER HENNEPIN COUNTY MINNESOTA PRELIMINARY PLAT SHINGLE CREEK CROSSING E6'n 1551 1ol = -Ct.o tA•0-EC•ZO 13%.F3,13011S OA. 1 1 r+ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 . 1 11.^ SHINGLE CREEK CROSSING BROOKLYN CENTER Dcui,c R:\T00..L003\GAWNGATLIN cEbacetorr V.100.0Y. ceors \cboob,,Yuc AY,-.YYEETSVocb 3,9 fl d3tt3,^ V D JO, 09 . 20 I3 4:04-cc by uu.c•ccu 1 1-1 =I I I 8 P1 V4 1 8 1 8 1 11" co HENNEPIN COUNTY MINNESOTA PRELIMINARY PLAT SHINGLE CREEK CROSSING van 905 A'00N SO No_03,10045 0010 00 E oc.cut PECAN) Ov 8 0,0, L. 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STATE y0tu0 2.201221, FE.11/15/0010 atO 0. 05020 REVISIONS DATE BY SULEAS NOM M.S. jcc EPA. 81 OEC.D tnclAscaLtektr. 0,0,02 TWO-L0E0 0ATUN 2E05L00 .01NE 0000000 0.0rA 0.0\F0,0. flU.N ..0000 .00002000 ,AT.0.9 2 213 00° 00• 20 . 000'0 2), 0,00,00 V 0A 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1Dv 1 11 1 1 1010 1 1 1 1 1= 0 1 20 , o 1 m al tuteowt ■Irts. cree pop.. ast ed, we. usaa, Is Amae.....c. 7 6-) Ufl s Drow,q 'mum KAIII.J.DEIAGAT121 DEAELOPLVIT \BROOXDAIE CENTERVADOVII 0” \ °DOI .d I I I I I I 1°1°1' H RELISIN/IFIY PLAT.d.g 0544 Jan M. 1013 4:07, cm2Idaych 2 0 In m 1,3 a 8 F.; V‘ D o wo (1)IITII i I •I T z. 0 m 8 2 '4 Z I i i 0 _, z (0 0) r- i --IN 1 v . m ,n1 -0 7ci M6 x •• 7) g X 81 mr- ° °M Z -t-, 7j Z ,Z011-1M —I >13 71. 70 Cj M2 cn -< —0 z-0 —i S .i 5 m°z b C')1.g c E CO - i z EgITT - g Cl,2 0--IS. SHINGLE CREEK CROSSING BROOKLYN CENTER 07676610 COUNT' MINNESOTA PRELIMINARY PLAT SHINGLE CREEK CROSSING I 1.i117 1.12( 112r 011. SM... 01mszw, tr,r 11.91`.="'"rES2Nti2.2.11 Lneal 112 1./.. 1. SIATE €6117620 0417 07 auxAS NOTED cmoOESCal 8./ 0...1 Or CKO. IBY alirCily f BROOKLYN C EN T E R Planning Commission Report Meeting Date: January 17, 2012 •Application Filed: 12/18/12 •Review Period (60-day) Deadline: 02/16/13 •Extension Declared: N/A •Extended Review Period Deadline: N/A Application No. 2013 -002 Applicant: Loren Van Der Slik - Gatlin Development Company Location: Shingle Creek Crossing — PUD Project Site Request: Preliminary Plat of Shingle Creek Crossing 3 rd Addition INTRODUCTION Gatlin Development Company is seeking Preliminary Plat of Shingle Creek Crossing 3rd Addition, which would allow the replatting of certain lots within the approved Shingle Creek Crossing Planned Unit Development project site. A public hearing is scheduled for this item, and notices were mailed to the surrounding property owners. ANALYSIS The final plat for the original (overall) Shingle Creek Crossing was approved on May 23, 2011. On September 13, 2012, Gatlin Development followed up this plat with a separate request to approve a new Shingle Creek Crossing 2 nd Addition, which authorized the replatting of a few original lots and creation of one new outlot, all in the easterly area of the PUD project site. Gatlin Development is now requesting a similar plat application to modify a number of original lots in the westerly area of the PUD. These changes include the following: 1.replat Lots 2 and 3, Block 1 of Shingle Creek Crossing into one new larger Lot 1, Block 1, Shingle Creek Crossing 3' Addition; 2.replatting original Lots 6, 7, 8, and 9, Block 1 of Shingle Creek Crossing into four, newly reconfigured lots as Lots 2, 3, 4, and 5, Block 1, Shingle Creek Crossing 3 rd Addition. The affected areas are located in the westerly section of the original Shingle Creek Crossing plat. The table below reflects the area of the new lots and the proposed building pad sites for each lot: BUILDING DESIGNATION LOT AREA BUILDING PARKING PROVIDED RATIO EXISTING BUILDING LOT 1, BLOCK 1 14.60 ACRES 169,555 SQ. FT.793 SPACES 4.68 B LOT 2, BLOCK 1 1.45 ACRES 8,500 SQ. FT.111 SPACES 13.06 C LOT 4, BLOCK 10.85 ACRES 2,488 SQ. FT.28 SPACES 11.25 H LOT 5, BLOCK 1 1.25 ACRES 11,200 SQ. FT.55 SPACES 4.91 J LOT 3, BLOCK 13.09 ACRES38,000 SQ. FT.201 SPACES 5.29 TOTAL 21.24 ACRES229,743 SQ. FT.1,188 SPACES 5.17 PC 01/17/13 Page 1 of 8 - -AIN GAR' -DE;J ROPOSED'nor+ SIGN J Part of this replatting is being provided to incorporate the original lot for proposed "Building N" (Lot 2, Block 1, SCC) into the larger "Existing 'Food-Court' Building" Lot 3, Block 1 (refer to the June 2011 SCC Master PUD Plan — below). This Bldg. N site was to be a 21,515 sf. retail building space situated between the existing Sear's property and new Wal-Mart. May 2011 PUD Plan The Commission may recall that shortly after the May 2011 approvals (PUD and plat), Gatlin Development requested their first PUD Amendment, whereby as a result of a negotiated agreement between Sears and Gatlin companies, Gatlin would eliminate Building N, and integrate the vacant lot space into the larger adjacent Lot 3/Existing Building pad site. This lot would be developed instead with parking area to accommodate the additional retail space created by Gatlin inside the old Food Court building. September 2011 PUD Plan — Amendment No. 1 PC 01/17/13 Page 2 of 8 The diagram map below illustrates the existing lots with a red-dashed boundary line, and the new outline in yellow is the shape of the new lot. The new lot is also illustrated in the PUD Amendment Map diagram below, with a red boundary line. This new lot encompasses the old Lot 2 and Lot 3, Block 1 of Shingle Creek Crossing into the new Lot 1, Block 1 Shingle Creek Crossing 3 rd Addition. PC 01/17/13 Page 3 of 8 Original 2011 PUD Updated PUD 2012 The need for replatting the other four lots is largely due in part to the reconfiguration done to the new LA/Fitness (Lot 3, Blk. 1) site, and the proposed Panda Express restaurant site (Lot 4, Blk. 1). The new LA Fitness was initially planned to be an 45,000 sf. building site, but was approved as a 38,000 sf. fitness facility. The reduced building allowed for reduced number of parking spaces, with spaces redistributed to adjacent lots. Bldg. B site, or Lot 2, Blk. 1, was readjusted slightly by moving the easterly boundary line closer to the LA Fitness site, whereby a row of parking was picked up, increasing the parking spaces from 85 to 111 spaces. The Building J site, or Lot 3, Blk. 1 was readjusted to accommodate the new LA Fitness facility. Original 2011 PUD Updated PUD 2012 PC 01/17/13 Page 4 of 8 7 33.6 BLOC es —_ -------- LOT 3, BLOCK 1 \ N 5.1-1 11A631.3 ../7 • .7+4 C51 / • /3.P.. •C _—rrvevr —252=03'4' = - This original PUD Bldg. G site was planned for a 45,000 sf. facility, with 204 parking spaces. The City recently approved the site and building plan for the new LA Fitness, and effectively reduced the required number of parking needed on this site. The new lot now accommodates 201 spaces. In reviewing this preliminary plat map, Staff noticed the new lot line between Lots 3 and 4 appears to be cutting off (just slightly) some of the parking area reserved to LA/Fitness on new Lot 3 (refer to diagram below). This may be a slight drafting error or misalignment of layers on the mapping software (AutoCAD or similar?). Even though all parking inside this PUD is shared between uses, Staff is requesting the Applicant either re-adjust this lot line to make sure no part of this parking area or striped lines cross over this lot line; or submit a corrected plat map. Staff would suggest the lot line be shifted farther east and split down the middle of the joint parking/drive aisle shown between these two lots. Building C site, or Lot 4, Blk. 1 was also readjusted to accommodate the much smaller pad site needed (or requested) by the proposed Panda Express restaurant. The original Bldg. B site was PC 01/17/13 Page 5 of 8 -LO_ Original 2011 PUD - 20 BUILDING SETBA "77itsrar,17 N 17 ,\ .0 •\cr&< 011,200 'LOT 9'•:. `BbOCK ■_•°(1 (- 7 LOT BLOC _o DRIVE-THRU 20' BUILDING SETBACK _—_ Original 2011 PUD Updated PUD 2012 PC 01/17/13 Page 6 of 8 20' BUILDING SETBACK • - -I EXISTING SID planned to be a 9,100 sf. office/service (bank, credit union or similar) site. However, Gatlin Development requested a PUD Amendment to reduce this lot area for the benefit of a proposed Panda Express restaurant. The parking originally provided on this site was set at 41 spaces, which has now been reduced to 28 spaces. Updated PUD 2012 The final adjustment made was on original Bldg. H site, which remains labeled as "H" but will be legally identified as Lot 5, Blk. 1. This Building H site was also recently approved for site and building plans, and is currently under construction. The original lot was to have 51 spaces provided for the 11,200 sf. multi-tenant retail building. With the reduced size made to the adjacent Lot 4 (Panda Express), and the adjustments made to the new LA Fitness site, the parking is now slightly increased to 55 spaces on this lot. For all intents and purposes, these new lot adjustments are somewhat simple and innocuous to the overall PUD functionality and layout. This new plat was requested due in large part to the reductions made to certain buildings, both existing and planned, and the need to re-allocate the parking accordingly for each lot. The adjustments provide 30 additional parking spaces (from 763 to 793) to the larger Existing 'Food Court' Building and an increase to Bldg. B from 85 to 111 spaces. What is important to take notice of in the Site Data Tables provided for in the proposed preliminary plat, is the parking ratio calculations. In all cases the parking ratios exceed the 4.5/1,000 sf. minimum for retail/service uses and the 10/1,000 sf. for restaurant or eating establishments. CITY ENGINEER'S REVIEW The preliminary plat map has been reviewed by the City Engineer, and his review memorandum is attached for reference. The City Engineer noted that the [site] plan layout on this preliminary plat is not consistent with the PUD Amendment No. 1 from September 2011. Although the PUD Amendment at that time provided for the separation of the Food Court building from the Sear's building, the preliminary plan submitted herein for his review illustrates the shared lot line transecting these two buildings as if these two building are connected. Even though the two building do indeed remain connected today, the City Engineer is nevertheless stating the site plan layout on this preliminary plat must be consistent with the approved PUD Master Plan that affect this area, which is the September Master Plan adopted under City Council Resolution No. 2011-127. Subsequent PUD [amendment] plans that have been reviewed by the Planning Commission and City Council included different variations and illustrations, which showed these two buildings "re-connected" and indicated with a "Potential Separation" tag. The City has never officially taken action on this reconnection plan and other changes to the overall plans. Be that as it may, City Staff has agreed that in order to eliminate any "default approvals" , confusion or potential changes which may have been illustrated on previously presented master plan maps and/or attachments, the Developer will submit for the upcoming PUD Amendment No. 4 an updated and overall master plan for the site which includes all new or proposed lot line changes, building configurations, parking plan layouts, landscaping, and other relevant plan updates. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2013-01, which provides for the approval of Planning Application No. 2013-002, which proposes a Preliminary Plat for SHINGLE CREEK CROSSING 3'd ADDITION, subject to the following conditions: 1.The Developer will submit for the upcoming PUD Amendment No. 4 an updated and overall master plan for the site which includes all new or proposed lot line changes, building configurations, parking plan layouts, landscaping, and other relevant plan updates. 2.The Developer must submit an updated Preliminary Plat, which is consistent with PC 01/17/13 Page 7 of 8 and conforms to the approved Shingle Creek Crossing — Amendment No. 1 Master Plan. 3.Any easements that need to be vacated under this platting process as determined by the City Engineer, must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 4.If the preliminary plat and/or final plat noted herein undergo any significant changes or revisions between this preliminary plat approval and future final plat consideration by the City Council, the Preliminary Plat [and Final Plat] will be sent back to the Planning Commission for additional review and consideration. 5.The recommendations and conditions as noted in the City Engineer's review memorandum, dated January 11, 2013 must be addressed or complied with as part of any final plat approvals. 6.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 7.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 8.An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). ATTACHMENTS •Planning Commission Resolution No. 2013-01 •City Engineer's Review Memo (dated 01/11/13) •Preliminary Plat of SHINGLE CREEK CROSSING 3 rd ADDITION e Shingle Creek Crossing—Master Plan (August 2012) PC 01/17/13 Page 8 of 8 MEMORANDUM DATE: January 11, 2013 TO: Tim Benetti, Planning and Zoning Specialist _MOM: Steven L. Lillehaug, City Engineer/Director of Public Works SUBJECT: Public Works Review of Preliminary Plat Review SHINGLE CREEK CROSSING 3RD ADDITION Public Works Department staff reviewed the Preliminary Plan (Site Plan and Preliminary Plat) submittals dated December 17, 2012, for the proposed SHINGLE CREEK CROSSING 3RD ADDITION pertaining to Block 1, Lots 1, 2, 3, 4 and 5, and provide the following recommendations, comments and conditions: General: 1.This preliminary plan review is being performed under the premise that the re-platting is being requested for the sole purpose of revising the property lines as depicted in the attached drawing. It is assumed that all prior approval elements pertaining to the applicable PUD and amendments, preliminary and final plats, plan reviews and building/land alteration permits are to remain consistent with those approvals and remained unchanged with the exception of the aforementioned property lines. Under this premise, the proposed property line revisions appear to pose no negative impacts to the development and are consistent with City requirements. The only known impacts of the revisions pertain to the shifting of parking designation ratios, which minimums are met. 2.All recommendations and requirements approved as part of previous actions pertaining to all prior PUD/PUD amendment approvals (Original PUD and PUD Amendment No. 1), Preliminary Plan approvals and Final Plat approvals relative to this Shingle Creek Crossing and Shingle Creek Crossing 2' Addition and/or portions thereof are withstanding and must be incorporated into the final plans. 3.The site plan is not consistent with PUD amendment No. 1 for those portions of the site contained within the area pertaining to amendment No. 1, approved by City Council on September 12, 2011, Resolution No. 2011-127. The site plan must be revised accordingly. 4.Rededicating and terminating certain easements are required as part of this re-platting. Formal vacation documents are required and must contain easement vacation descriptions and depiction exhibits signed by a professional surveyor. A separate application is required for the easement vacation actions. 5. An updated certified abstract of title or registered property report must be provided to the City Engineer and City Attorney for review at the time of the preliminary plat application (within 30 days of preliminary plat application) — this has not been provided. Additionally, this will need to stay current and be updated through the approval process as required to maintain and be current within 30 days of release of the final plat. Preliminary Plat Review Memo — Shingle Creek Crossing 3rd Addition Page 2 January 11, 2013 Preliminary Plat: 6.The following item(s) are required Preliminary Plan items that have not been provided and/or included with the application and drawings as required by Platting Ordinance 15- 104 and likewise have not been evaluated as required: a. Show proper dimensioning of drive aisles, parking stalls, curve radii, and other typical site plan dimensioning. 7.Recommend to revise plat to eliminate irregular short and skew lot lines where feasible. Final Plat: 8. Block 1, Lots 4 and 5 as depicted on the recorded plat of Shingle Creek Crossing must be shown, depicted and labeled correctly on the final plat Shingle Creek Crossing 3rd Addition. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The Preliminary Plan (Site Plan and Preliminary Plat) and Final Plat must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the Final Plat may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading, geometric design and other design elements as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. Commissioner Buifeind introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2013-01 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-002 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN DEVELOPMENT COMPANY) A REQUEST FOR PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 3rd ADDITION WHEREAS, Planning Commission Application No. 2013-002 submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, requesting approval of a Preliminary Plat of a new subdivision to be titled SHINGLE CREEK CROSSING 3rd ADDITION, which is a replat of six (6) lots into five (5) newly reconfigured lots, generally located within the Shingle Creek Crossing Planned Unit Development project site, (Subject Site); and WHEREAS, the Planning Commission held a duly called public hearing on January 17, 2013, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of SHINGLE CREEK CROSSING 3rd ADDITION, which were received and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2013-002, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 — Platting; and NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2013-002 as submitted by Loren Van Der Slik, on behalf of Gatlin Development Company requesting Preliminary Plat consideration of a new subdivision to be titled SHINGLE CREEK CROSSING 3rd ADDITION, be approved based upon the following conditions: 1.The Developer will submit for the upcoming PUD Amendment No. 4 an updated and overall master plan for the site which includes all new or proposed lot line changes, building configurations, parking plan layouts, landscaping, and other relevant plan updates. 2.The Developer must submit an updated Preliminary Plat, which is consistent with and conforms to the approved Shingle Creek Crossing — Amendment No. 1 Master Plan. 3. Any easements that need to be vacated under this platting process as determined by the City Engineer, must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits signed by a licensed surveyor. PC RESOLUTION NO. 2013-01 4.If the preliminary plat and/or final plat noted herein undergo any significant changes or revisions between this preliminary plat approval and future final plat consideration by the City Council, the Preliminary Plat [and Final Plat] will be sent back to the Planning Commission for additional review and consideration. 5.The recommendations and conditions as noted in the City Engineer's review memorandum, dated January 11, 2013 must be addressed or complied with as part of any final plat approvals. 6.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 7.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 8. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). January 17, 2013 Date Chair Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Parks and upon vote being taken thereon, the following voted in favor thereof: Chair Rahn, Commissioners Burfeind, Parks, and Schonning and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 17, 2013 CALL TO ORDER The Planning Commission meeting was called to order by Acting Chair Rahn at 7:09 p.m. ROLL CALL 2012 PLANNING COMMISSION Acting Chair Sean Rahn, Commissioners Scott Burfeind, Michael Parks, and Stephen Schonning were present. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development, Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Carlos Morgan was absent and unexcused. Commissioner Parks arrived at 7:09 p.m. APPROVAL OF MINUTES —DECEMBER 13, 2012 There was a motion by Commissioner Parks , seconded by Commissioner Burfeind, to approve the minutes of the December 13, 2012 meeting as submitted. The motion passed unanimously. ADJOURNMENT Acting Chair Rahn adjourned the 2012 Planning Commission. The meeting adjourned at 7:09 p.m. ADMINISTER OATH OF OFFICE Mr. Benetti administered Oath of Office to Sean Rahn and Stephen Schonning. CALL TO ORDER — 2013 PLANNING COMMISSION The 2013 Planning Commission was called to order by Acting Chair Rahn at 7:10 p.m. ROLL CALL 2013 PLANNING COMMISSION Acting Chair Sean Rahn, Commissioners Scott Burfeind, Michael Parks, and Stephen Schonning were present. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development, Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Carlos Morgan was absent and unexcused. There was a motion by Commissioner Parks to nominate Chair Rahn as Acting Chair, seconded by Commissioner Schonning. The motion passed. CHAIR'S EXPLANATION Acting Chair Rahn explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, Page .l 1-17-2013 the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2013-002 LOREN VAN DER SLIK/GATLIN DEVELOPMENT Acting Chair Rahn introduced Application No. 2013-002, consideration of a proposed Preliminary Plat of Shingle Creek Crossing 3 1d Addition, located in the Shingle Creek Crossing PUD properties. (See Planning Commission Information Sheet dated 1-17-2013 for Application No. 2013-002.) Mr. Benetti explained the applicant is requesting this application to modify a number of original lots in the westerly area of the PUD to include the following: 1.replat Lots 2 and 3, Block 1 of Shingle Creek Crossing into one new larger Lot 1, Block 1, Shingle Creek Crossing 3 rd Addition; 2.replotting original Lots 6, 7, 8, and 9, Block 1 of Shingle Creek Crossing into four, newly reconfigured lots as Lots 2, 3, 4, and 5, Block 1, Shingle Creek Crossing 3 rd Addition. He added Part of this replotting is being provided to incorporate the original lot for proposed "Building N" (Lot 2, Block 1, SCC) into the larger "Existing 'Food-Court' Building" Lot 3, Block 1 and was to be a 21,515 sf. retail building space situated between the existing Sear's property and new Wal-Mart. He added this lot would be developed with parking area to accommodate the additional retail space created by Gatlin inside the old Food Court building. Mr. Benetti further explained the need for replotting the other four lots is largely due in part to the reconfiguration done to the new LA/Fitness (Lot 3, Blk. 1) site, and the proposed Panda Express restaurant site (Lot 4, Blk. 1). The new LA Fitness was initially planned to be a 45,000 sq. ft. building site, but was approved as a 38,000 sq. ft. fitness facility. The reduced building allowed for reduced number of parking spaces, with spaces redistributed to adjacent lots. This original PUD Bldg G site was planned for a 45,000 sq. ft. facility, with 204 parking spaces. The City recently approved the site and building plan for the new LA Fitness, and reduced the required number of parking needed on this site and the new lot now accommodates 201 spaces. Mr. Benetti described various adjustments to the layout of the lots as outlined in this application including providing 30 additional parking spaces (from 763 to 793) to the larger Existing 'Food Court' Building and an increase to Bldg. B from 85 to 111 spaces. He added the parking ratios exceed the 4.5/1,000 sq. ft minimum for retail/service uses and the 10/1,000 sq. ft. for restaurant or eating establishments. Commissioner Burfeind asked for clarification regarding potential separation tag of the buildings and asked if the overall concept changed or stays the same? Mr. Benetti explained the history of the buildings and how the separation of the Sears building and the former food court building took place and how the plans are proposed at this stage of the development. He added Mr. Gatlin will be required to submit a new Master Plan that follows the sequence taking place with development on the site that will be consistent with a 4 th amendment to the Master Plan/PUD. Page 2 1-17-2013 PUBLIC HEARING — APPLICATION NO. 2013-002 There was a motion by Commissioner Burfeind, seconded by Commissioner Parks, to reopen the public hearing on Application No. 2013-002, at 7:28 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. There was no one from the public present at the meeting. Commissioner Parks inquired about the importance of approving this preliminary plat now. Mr. Eitel responded the significance of doing it now is so LA Fitness can continue moving forward with their contracts to construct a 38,000 sq. ft. building and meet required parking. Commissioner Parks asked if things are going to change later, what difference does it make if they get their reconfiguration approved now rather than later? Mr. Eitel replied that there is an agreement that each development will meet certain parking criteria per lot and the reconfiguration shifts some parking space and still meets the minimum requirement. This new plan no longer shows a separation between the Sears building and the former Food Court building. Mr. Eitel added the significance of replatting now has to do with contractual agreements with the tenant leases. CLOSE PUBLIC HEARING There was a motion by Commissioner Parks, seconded by Commissioner Burfeind, to close the public hearing on Application No. 2013-002. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-01 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-002 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN DEVELOPMENT COMPANY) A REQUEST FOR PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 3 RD ADDITION. There was a motion by Commissioner Burfeind, seconded by Commissioner Parks, to approve Planning Commission Resolution No. 2013-01 Regarding the Recommended Disposition of Planning Commission Application No. 2013-002 Submitted by Loren Van Der Slik (For Gatlin Development Company) a Request for Preliminary Plat of Shingle Creek Crossing 3 rd Addition. Voting in favor:Chair Rahn, Commissioners Burfeind, Parks and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its January 28, 2013 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. Page 3 1-17-2013 DISCUSSION ITEM - INTRODUCTION OF GATLIN DEVELOPMENT'S PROPOSAL TO RECONFIGURE AND PLACE A SHARED SCREENED TRASH DUMPSTER FACILITY BETWEEN BUILDINGS H AND K AND THE ADDITION OF A NEW OUTDOOR SEATING/PATIO AREA FOR BUILDING H Mr. Benetti explained the proposed shared trash enclosure structure located between Buildings H and K would be located over a shared property line. He added a dumpster is considered a structure and would require a PUD amendment since structures cannot be built with a zero lot line. Mr. Benefti further described a request by Gatlin Development to install an outdoor seating area for a proposed Qdoba Mexican Grill restaurant located at the end cap of Building H. He added the proposed change will be presented at a later Planning Commission meeting under a new PUD amendment application. Chair Rahn stated he felt a shared dumpster area with screening would be more desirable than one at each building. He also asked for clarification regarding the layout of the outdoor eating area. Mr. Benetti explained that they are usually screened and fenced in to provide privacy and security for the guests. Commissioner Schonning stated that the dumpster enclosures will need to be structurally sound since they will be visible from the road. Mr. Benetti replied that the dumpster enclosures are secure and will have opaque screening around them. There were no other discussion items. OTHER BUSINESS ELECTION OF 2013 CHAIR By unanimous written ballot vote, Commissioner Rahn was elected Chair of the 2013 Planning Commission. Mr. Eitel provided updates to potential housing projects in the city for 2013. There was no other business. ADJOURNMENT There was a motion by Commissioner Burfeind, seconded by Commissioner Schonning, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:29 p.m. Chair Recorded and transcribed by: Rebecca Crass Page 4 1-17-2013 City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: January 28, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk `,A. Yak SUBJECT: TypeType IV 6-Month Provisional Rental License for 1606 71 st Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 1606 71 st Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. The previous rental license was a Type II rental license. This property qualifies for a Type IV provisional rental license based on 21 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 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: 10-11-2012 The Owners, Gregory and Victoria Lang, applied for renewal of the rental dwelling license for 1606 71 st Ave N, a single family dwelling. 11-05-2012 An initial rental inspection was conducted. 21 property code violations were cited, see attached rental criteria. 12-05-2012 A second rental inspection was conducted and passed. 12-05-2012 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 12-31-2012 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 Mission: Ensuring an attractive, clean, safe, inclusive coinnumity that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-09-2013 A second 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. 01-10-2013 A Mitigation Plan was submitted. 01-17-2013 The Mitigation Plan was finalized. 01-17-2013 A letter was sent to the owner notifying that the hearing before the Council will be held January 28, 2013. 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ailpeople and preserves the public trust COUNCIL ITEM MEMORANDUM 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 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. Mission: Ensuring an attractive, clean, safe, inclusive comnumity that enhances the quality of life for all people and preserves the public trust Type I - 3 Year 1-2 units 3+ units 0-1 '045 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type II -2 Year 1-2 units Greater than 1 but not more than 4 imtS :G reater than _.141.10 Motethan l.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 eater,att1.5 NATIO InOret. an- 33+ ts Type IV -6 Months 1-2 units Greater than 8 e.atrtháh 3 COUNCIL ITEM MEMORANDUM 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. 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 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than but not more than 1 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0.35 but not more than 0 50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 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, inclusive community that enhances the quality of life for all people and preserves the public trust 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 Counci 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 sheuld 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 ordinan and Mitigation Plan requirements within this *pending license period and avoid legal actions. Siibmit the following documents with the Mitigation Plan for approval: I Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by 10 th of each month (after license approval). I 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 so on on In mum 01 696TOLVM iva 4969 110Z/0T/TO I City of Brooklyn Center Phone: 763-569-3300 TTY 711 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 0 Fax: 763-569-336CNVfwww.cityafbrooklyncenter.argCe Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website. i,..-Section A— TropertrIntormation,-.7„ ., - — -- - - Property Address: 1606 71' Ave N Owner Name: Gregory & Victoria Lang Local Agent: Owner Address: 17800 Excelsior Blvd, Minnetonka MN 55345 Agent Addiess: Owner Phone: 952-457-3174 Agent Phone: Owner Email: greg@langlawofticc.com Agent Email: Rental License: I I New Renewal: Current License Expiration Date: 1-31-13 Type IV License Exp. Date: 7-31-13 current license expiration)"Six niontlisfrom *Pending 1 i 4. Attend City approved eight hour Crime Free Housing course. or Date Course Scheduled:Date Course Completed: March 10, 2011 Phase II security improvements recommended to be completed by: by thet4 It't 0 Gtof Ki 1 ,,/ I Complete Security Assessment and implement all . Brooklyn Center Police Department. Date Scheduled: I / IP 1--S Improvementsa . - Phase III (two). & 3114J2013 1 / II will attend a minimum of 50% of the ARM meetings I will attend the ARM meetings scheduled for: 1110/2013 Do these two meeting dates occur before the *Pending (*See Section A) If no, you will only be able to qualify Type IV License expiration date? III Yes El No for a Type IV Rental License upon renewal. within the past year. crime prevention techniques. .,-,;,.-fl:AFAAW:.2':-It$:.. provided for common capital items. Funding worn or otherwise in violation prior to the estimated t 1 1 I will have no repeat code violations previously documented For properties with four or more units: I training that includeswill conduct resident annuallyII will hold regular resident meetings. '-'iIP':::tig4Tterii,WOFIAprr-os-nitw. 114:-.2-1-j Based on condition and age, estimated replacement dates are should be considered accordingly. However, items broken, replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Funtace/AC-2003 2023 Water Heater-2003 2023 Kitchen Appliances-2011 2023 Laundry Appliances-2000 2020 . Exterior -Paint/Siding, fascia, trim 2003 2023 -Windows 1968 2015 -Roof 2003 2023 -Fence 2000 2030 -Shed 2000 2030 -Garage'1968 3000 -Driveway 2012 2030 -Sidewalks 1968 2030 Smoke Alarms & Carbon Monoxide Alarms 2011 2021 Other s tisivv-zreigv:Ifir=wq , . Awagtomvottg.IMI.-4744.7-5:flairiPFF-Z-V0747.1 .:11411-1'-'1*.PwF-- aw, ,-daiii,Via liatim-,-ZU14,‘:.,14.111,54ii,W,I,JAI,;ff Implementing the following best practices may assist in the management .13 'checking the boxes below, you agree to: '4,- ' 11 .1-1-1 441.--:,...U.,a1Q1k...4.:{-18trv, .I• `-'irei: .:.' of your property. month. I. Check in with tenants every 30 days. 2. Drive by property to check for violations twice a Page 2 Type IV Mitigation Plan Rev 11-16-11 VAVaP-1I 1 CenterPoint Energy 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.: /3 Date Page 3 600/V000 Type IV Mitigation Plan Rev 11-16-11 Ratado MVI 696TOLI,Z56 Pid 8560 COVOT/TO 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 th 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 Gregory Lang owner Agent Name and Title alease Print) Victoria Lang owner Additional Owner or AgentName and Title (tf applicable) (Plegse Print) Additional Owner o Ag t Signature (if applicable) 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): )II For city pse44" gation Plan Approved By: 10•`4e1 ' ghee I (416r1tpatitiotit Building ommtmity Standards Department I Title Da e D e City Council Agenda Item No. 10b COUNCIL ITEM MEMORANDUM DATE: TO: FROM: SUBJECT: January 28, 2013 Curt Boganey, City Manager Sharon Knutson, City Clerk ;AMA)v(-)4\AAk-- Type IV 6-Month Provisional Rental License for 4714 Wingard Lane Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 4714 Wingard Lane. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This property qualifies for a Type IV provisional rental license, based on 17 property code violations found during the initial rental license inspection. 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 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: 10-3 1-20 12 11-28-2012 12-3 1-20 12 01-07-2013 The Owner, Heeyoon Kim, applied for an initial rental dwelling license for 4714 Wingard Lane, a single-family residential property. An initial rental inspection was conducted. (17 property code violations were cited, see attached rental criteria) A second rental inspection was conducted and passed with weather deferral. (Item related to repair of exterior stairs.) 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM 01-16-2013 A Mitigation Plan was submitted. 01-17-2013 The Mitigation Plan was finalized 01-17-2013 A letter was sent to the owner notifying that the hearing before the Council will be held January 28, 2013. If approved, after six months, a new rental license is 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. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for allpeople and preserves the public trust' COUNCIL ITEM MEMORANDUM 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. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit .........11.11i 1-2 units 3+ units Greater than 1 but not more than 4 Great than 0.75 butnmin6ro than I Type 11-2 Year Type III — 1 Year -2 units Greater than 4 but not more than 8 Type I — 3 Year 1 -2 units 0-1 ItOits reater than 1.5 imobutnótrethan 1 -2 units 3+ units Greater than 8 tda Type IV —6 Months 5 or more units Greater than 0.35 but not more than 0.50 units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) License Category Number of Units No Category Impact 1-2 5 or more units 0-1 -0.2 0-0.35 Greater than 1 but not more than 3 not more tat 1 Greater than 3 ater Decrease 2 Categories 5 or more units Greater than 0.50 COUNCIL ITEM MEMORANDUM 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 defmed 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 518B.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community thin enhances the quality of life for all people and 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, inclusive community that enhances the quality of life for alipeopie and preserves the public trust _ pilorte 76.3449430 TrY7 1 1rok: 76,1,-ViAr23erv..) wiomtievOyeo,Oyficepte,;.09 Clw fitooklm CtfitOt • Stilruitre4 Zwl-way i 4 1.01 tireciklyn iftr„ MN 5$430-2M -110160000000101$01114.--4e: _ - Itcrttai Lipaso Mitigotionielab ,-Typc IV ItOritOt LiWise ifandoirten plans mill not be ampler!. Moil 1)yie Otin CO! 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Pliriso It 1----1 Complete Security iss.K.s5ineitt culd implement all $'<icurity improvcrriclit., rk...ivommerideill by the lirwItilifittAitirce ikitico INtrirtitient. inlprtivi:nie,af,!ik.) be toinpietd iry: :.e.,,--'%•;,,.-..$4,..Setindolcd: _,-.00ic P100.tP III ...] 11011 attend ri minimum (-)f:,,srile;, c).111 ,1.0 AKim rokviiilt,ss (two ), I wilt iLile110 OW ARNI 1;1120h-1p Aoh..-sdkIlt:1 For ki,,8 14 & Ni,kY' ft 1.)(3.62:Se 04):1 IIICCkiTIE: itAik;$ OC,cur tveorc the 8 livrding 7):Pr! ‘r mevii7c., 0:014101 &AO . IT Yin (!%L. ,etion ASI If 044 you Ivilt wily bp-.1.10 to clitotity. frit' 0 'Pepe IV Roan] License upon rtntnni. (11,--7-1 I 1,1,j'll hiPO.t.4410Niti 04 .4 'fiOlittitirt -pre.).10mly ti.0-c411 1.04114 within-Ole Om Yi--1-ir.. 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" 6 -016 -Iiiiiii4it 0146140iiiI _ ett "6 - '1:Pr i — -„, fi--;11-''':kf--ili,_-'llt% : titilikotOireig the ibl1oWiin2 be'sr. prneticei tna!,' iixsi &I in ate aliogolient 0.1 yotis pql[X-Tly, ch.c4440,4 tire &Ayes trelow, yori ogreeto;11151 I,Clwck in with terinMs every-30 dayii,— .-,,, 1-.)rive by iiitironly to cliock rot violaligris lWic--4.l 0 0100111 Pito 2 IOC N 64i14,-401,in PLkn Rei 1146-11 , giVner` frq toulkwg, ( Pau? 3 TM!iVMitididr Plan Rev 11 -16 -11 3.Evict tenanti it) violation of Ma lase, td alttnidaKtums, 4.Provide lawnisrow ;tervict.t.. 5. Provide gat baa,A-.7 6 .Insitill rFccurity sysicm, 7, Mtvicla rnaintgrinnr:c pgrkrigo plAn Ir ppli.417.4-ec: Nnune neseiii6z a. I airi ankiwUI munin rrn n pk).--facat of Wilily ft:=N, trIXC5,41S-seSSMICTIt2,„ (it10;, liCni4Iti0- and ctitt iut trlairnSi City.!L1 9. Otita(s):' - Plosc rcarl .thorong,fily: I f 44.0 TYp4 IV 81,3-41 1-kr.114; Ic npliroyg-d by iho hR C ON. it 414,I,104)4!)rn.ist Qpn %ply ‘vith tIt. ipJ\Ld eit)' eOties. N. Inter IbjillEEL: 10" Or eact-I taleitiler nwAltli t th must Flibinit to theIhidding 1-110 Commit:14 Slumlords atIparitrik.-at rIuo npart ,;ta[J4, taken to ermiply MilifrAteo Neri6 . ihnt nil infatIllittilll rc ldLdObtrVe Es trig! and TieellT40. I prute'r.stAttij that if I of eonittilylbillt an Ito-roved NtitiEntioctI 1 hti , Anmopy viifft nil ippticatil... -1•;.g‘liln:rn:es Within the li.ozose porimi, or op,L>ralc Nyond the I cxpitalioo date,,; enforceinent actions 4u ch as citations, formal complaint twliconsr. rovinly nlny rosult HEEYOON KIM LANDLORD Own&or A6N.-nt Naw Print) Additif)141 i'..)-rvilqr i.Jnt NAIR; ill1 .04:1)f opAtkafik) . ., ittaroi Owner iv Agetii Siellakere itp,p)trzt),....) 1\ilick4,k-praunt:ilt Buildiab arum nhy shrill-116 rA.Tv..amwit I W. I la City Council Agenda Item No. 10c COUNCIL ITEM MEMORANDUM DATE: January 28, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ONA,J446491)k- SUBJECT: Type IV 6-Month Provisional Rental License for 6937 Morgan Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 6937 Morgan Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. The previous rental license was a Type II rental license. This property qualifies for a Type IV provisional rental license based on 16 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 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: 10-10-2012 The Owner, Dao Yang, applied for renewal of the rental dwelling license for 6937 Morgan Ave N, a single family dwelling. 11-1-2012 An initial rental inspection was conducted. 16 property code violations were cited, see attached rental criteria. 12-03-2012 A second rental inspection was conducted and passed. 12-03-2012 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 12-31-2012 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-09-2013 A second 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. 11-14-2013 A Mitigation Plan was submitted. 01-16-2013 The Mitigation Plan was finalized 01-17-2013 A letter was sent to the owner notifying that the hearing before the Council will be held January 28, 2013. 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year Type 11-2 Year Type III — 1 Year 1-2 units 1-2 units 1-2 units 1-2 units 0-1 0-0 75 Greater than 1 000 Greater than 4 met Greater than 8 Greater -than 3 but not more than 4 tikiiibN art, but not more than 8 ,1),1110triae -i:than, Type IV —6 Months Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) License Category No Category Impact 1-2 0-1 5 or more units 0-0.35 Decrease 1 Category Greater than 1 rea 6r! but not more than 31-2 COUNCIL ITEM MEMORANDUM 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. 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 518B.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0 35 but not more than 0.50 Decrease 2 Categories 1-2 3-4 units ''.- - Greater than 3 Greater than , 5 or more units Greater than 0.50 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, inclusive community that enhances the quality of life for all people and preserves the public trust I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Rental License Mitigation Plan—Type IV Rental License Handwritten plans will not be accepted. Please type °ruse fillabk form on City website. Section A- Property Information Pk'P e4 A d dress.: 6937 Morgan Ave, Brooklyn Center, MN 6 E130 -.:::, i?•:,,,, Owner Name Dao Yang .Local Agent:'6.i oe• '<I:an g .. Owner Address; 20745 Twinl8kes Rd NW, Bic Agent Address; : : 6937 Morgan ye:.,....... ...::::,.rt?o .c: Owner Phone:763..913 _8155 A gent 37Phone 753 5-03-66. .. ..':.,,. Owner Email: Daohyang@yahoo.Corn Agent Email: - ..i.T. Rental License: : I I New IIIII Renewal: Cul rent License Expiration Pate :, 120 1 /46 1 :.:......c.:.! :- *Pending (Six months' Type IV License Exp.. D 'at 'e:'613 901).-- from current license expiration) !:!'ii.g..irr'VO.:g .13ased on property conditions and/nr 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 irnmediately tO eitgure 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 eoneenis arid identifypOSsible golutiongto iinpiciVe the oVerall COriditions 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 thig *pending license period and avoid legal actions. Section 13:- Required Documents. Submit the following documents with the Mitigation Plan for approval; 1 Qrirrie Free Housing ProgtaM Training Certificate (if completed, if not completed, please include scheduled date in Section C, V 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum [ 4/ 3, Subinit Written report by it)th Of each month (after license approval). Section 0- Crime Free riousing Program Requirements:: . • .. e I V I. Use written lease including Crime Free Housing Lease Addendum.I 4,/ I 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3 Pursue the eviction of tenants who violate the tering Of the lease Or any addendum Page 1 Type IV Mitigation Plan Rev 11-16-11 JAN 14 2013 Phone: 7.63-569-3300 TTY 711 Fax; 763-569-3360 wwt.ti,cityofbrooklyncenter.org Date Last Replaced Estimated Replacement Date Furnace/AC-0E2017 Water Heater-612020 Kitchen Appliances-won Laundry Appliances-no Exterior -Paint/Siding, fascia, trim 612015 -Windows 612016 -Rua 612020 -Fence 0 02020 -Shed b. -Garage na -Driveway 7/2025 -Sidewalks pa Smoke Alarms & Carbon Monoxide Alarms 6/2010 612016 Other(S) Section E te lthi3r0ye.NInnagement and Conditions of PriipektY Implementing the following hest practices may assist in the management of your property. B checking the boxes below, you Agree to: ICEII 611 1 Cheek in with tenants evety 30 days. 2. Drive by property to check for violations twice a month, I v I 4 Attend City approved eight hour Crime Free Housing course. Date Course Completed snonon or Date Course Scheduled: Phase 11 Complete Security Aasessment and implement all security improvements recommended by the Brooklyn Cetnet Pnliee Department. . Date Seheduled: "02°13 //,://). Improvements to be completed byt 8/81 /3 °18 Phase III I will attend a minimum of .50% of the ARM meetings (two). I will attend the ARM meetings scheduled for; z910.2?13 emOis Do these two meeting dates occur before the *.Pending Type IV :License expiration date? ik1e S0 Nd Meg $ection ii)lf no, you will only be able to rpm:iffy for a Typo IV Rental License upon renewal. v 1 I will have no repeat code viOlations previously documented within the past year FOr prOpCnies'With fonr Or more units: 11 I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. • Segdan -D ,Long Term :Cap4alImprovemgnts Plan 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 eSdrnated replcament date will rerndre earlier corrections. Page 2 Type IV Mitigation Plan Rev 1146-11 Fo: City liagadon Ae(Ifri 441' Police Department / Title 72, f/lciit3 Building mmunity Standards Department / Title D le 3 Evict tenants in violation of the lease and all addendums. 1 4. Provide lawn/snow service. 5. Provide garbage service. 6.Install sectirity system. 7.Provide maintenance service plan for appliances. Name of service co.: 8.I ma and will remain current on payment of utility fees, taxes, assessments, fines, penalties mid other financial claims due to the City. 9.Other(s):egrqo to repair or replace apliance5 tp working condition *Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee mist comply with the approved Mitigation Plan and all applicable city codes. No later than the le 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. Yt-1-4.0? Owner or Agent Name and Title (Please Print) Yj2--0 ,3 I 1 /3 Owner or Agent Si ature • Date Additional Owner or Agent Narne•and Title applicable) (Please Print) —43 Date Additional Owner or Agent Si attire (if applicable) Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. 10d COUNCIL ITEM MEMORANDUM DATE: January 25, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 461-4/14-- SUBJECT: Mayoral Appointment of Members to Serve on Planning Commission Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointments of Benjamin Freedman, 2613 65th Avenue North, and Randall Christensen, 7001 Regent Avenue North, to the Planning Commission with terms to expire December 31, 2014. Background: The Planning Commission is composed of a chairperson and six members. There are two vacancies on the commission. Notice of vacancy on the commission was posted at City Hall and Community Center and on the City's website and aired on Cable Channel 16 since December 7, 2012. Announcement was made in the December 20, 2012, Brooklyn Center Sun-Post. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. Copies of the applications received were forwarded to City Council Members in the January 18 and 25, 2013, update. Attached for City Council Members only are copies of the applications received: Benjamin Freedman 2613 65th Avenue North Randall Christensen 7001 Regent Avenue North The applicants were notified that their application for appointment would be considered at the January 28, 2013, City Council meeting. Mayor Willson recommends appointment of both Benjamin Freedman and Randall Christensen. As previously requested by the City Council, the City Advisory Commission Bylaws are not included in the materials but can be found on the City's website at www.cityofbrooklyncenter.org . The membership roster is also available at this site and in the City Council Reference Book. Budget Issues: There are no budget issues to consider. .„ Mission: Ens In; an attractive, clean, safe community that enhances the quality of life and preserves the public 1111Si City of Brooklyn Center Planning Commission Geographical Distribution (Chairperson and Six Members) Current Members January 25, 2013 Current Members .Stephen Schonning Sean Rahn Randall Christensen Benjamin Freedman Michael Parks Scott Burfeind Carlos Morgan Two vacancies. Neighborhoods Southeast Northeast Northwest West Central Central Southwest Applicants AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION January 28, 2013 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.Review of City Charter 2.Report on City's Drinking Water PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.National League of Cities Service Line Program 2.Assessment Hearing Policy 3.Annual Reports — Departmental 4.Strategic Plan Annual Report 5. 2013 Legislative Issues Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: January 24, 2013 TO: City Council FROM: Curt Boganey, City Man2: SUBJECT: Charter Review Recommendation: It is recommended that the City Council consider providing direction to staff regarding City Charter Changes. Background: At the last City Council meeting work session the City Council directed staff to review the City Charter and provide further comments/recommendations about parts of the City Charter that may require change consideration. The staff has reviewed the City Charter in its entirety. Based on this review I have listed sections that we believe enhancements to the Charter should be considered. • Chapter 2 Form of Government o Section 2.05a Procedures to fill Council Vacancies by Special Election The Charter requires the Council to hold an election within a time frame of 90- 120 days following the vacancy. Comment: State Law governing elections makes it impossible to hold an election within the 90-120 day time frame. The minimum number of days is about 168 days. We suggest a time frame of perhaps 200 days or general language that relates to State Law, i.e. as soon as practicable consistent with State Statute. Section 2.05b.5 — Council Vacancies — Council Appointment The Charter requires the special election to be held between 105-135 days following the vacancy. Comment: Remove time frame requiring the City Clerk to schedule a special election "not sooner than 105 days and not later than 135 days. This is the same issue as above and we recommend a similar solution. MiSS1011: ElISIffing an attractive, clean, safe, inclusive community that enhances the quality of life far people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION •Chapter 4 Nominations and Elections o Section 4.06 Canvass of Elections The Charter requires the Council to canvas election results within five days after any election. Comment: Remove the 5-day requirement to canvass the election results. The current language is inconsistent with State Law which requires canvassing for a special primary election on the 2 thi or 3 r1 day following the election and canvassing special election results between the 3rd and 10 th day after the election. A change would allow the Council to meet on Monday for all special and general elections. Alternative language to consider; "between the third and the 10 th day after any regular, primary or special election" (Brooklyn Park) •Chapter 5 Initiative and Referendum o 5.06 Actions of Council on Petition The Charter requires the Council to call a special election within 30 to 45 days of final action on a petition. Comment: Current State Law requires a minimum time frame that exceeds 45 days. We Recommend at time frame beginning with no less than 60 days and or language that reference the State Statue instead of a set time frame. •Chapter 6 Administration of City Affairs The Charter limits the City Manager to selecting a Fire Chief only from existing members of the Fire Department o Section 6.02 Powers and Duties of the City Manager •Subdivision 3.b Comment: Delete this section from the City Charter. It establishes discriminatory treatment of a single Department Head appointee with no valid basis. •Subdivision 3.c The language establishes an additional requirement governing the management of fire personnel. Comment: Delete this section from the Charter. It is establishes discriminatory treatment of one class of employees with no valid basis. Mission: Ensuring an attractive, clean, sap, inclusive community that enhances the quality of life Or all people and preserves the public trus t MEMORANDUM - COUNCIL WORK SESSION • Chapter 9 Eminent Domain o Section 9.04 City May Dismiss Proceedings The Charter allows the City to dismiss a proceeding so long as the dismissal is filed prior to the expiration of the time for an appeal or before entry of a judgment. Comment: Current state law and case law is not totally compatible with this Charter language. Consideration should be given to deleting this Charter Section. Results of review by City Attorney; I have attached emails from the City Attorney regarding provisions of the Charter that may require further review by the City Council. Policy Questions: Are there provisions in the City Charter that the City Council would to see changed? Does the Council wish to refer any items to the Charter Commission for review and recommendation? Does Council want staff to draft charter amendment language for potential submittal to the Charter Commission for consideration? Council Goals: 1. We will provide streamlined, cost effective, quality services with limited resources 'Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Curt Boganey From: LeFevere, Charlie L. <clefevere@Kennedy-Graven.com > Sent: Thursday, January 24, 2013 4:03 PM To: Steve Lillehaug Cc: Curt Boganey Subject: RE: BC Charter - eminent domain Steve, Curt called on this so I am copying him on this response as well. I discussed the charter provisions with Corrine. She advised that, with the exception of the first sentence of section 9.04, the charter provisions on condemnation are generally consistent with state law. Section 9.04 allows the city to dismiss a proceeding so long as the dismissal is filed prior to the expiration of the time for an appeal or before entry of judgment if an appeal has been taken. However, based on current case law and statutes, the deadlines for the city to file a dismissal are: (a) prior to the date that title vests in the city, and (b) prior to the expiration of the right to appeal. The second of these is consistent with one of the deadlines in the charter. The first is not. The charter would suggest that if an appeal is taken, the city has until the time a judgment is entered to dismiss the condemnation. Under state law, however, this will often be too late because title will already have vested in the city. The difficulty in correcting this provision is that there are a number of events that will cause title to have vested, some of which result from case law and some are based on statutory provisions. Besides the difficulty of defining the circumstances that cut off the city's right to dismiss under current law, any change in the law - either legislative or by court decision - may necessitate another charter amendment. Therefore, unless the Charter Commission has a reason why the city's right to dismiss a case should be more restricted than its rights under state law, it might be best to delete section 9.04. (There is a second sentence in that section that requires the city to pay costs and expenses of the condemnee if the city dismisses an action, which is already required by state law.) Charlie Charles L. LeFevere Kennedy and Graven, Chartered 470 U. S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Telephone: (612) 337-9215 Fax: (612) 337-9310 clefeverekennedy-graven.com „ From: Steve Lillehaug [mailto:slillehaug(aci.brooklyn-center.mn.us ] Sent: Tuesday, January 22, 2013 1:11 PM To: LeFevere, Charlie L. Cc: Steve Lillehaug; Gary Eitel Subject: BC Charter - eminent domain Charlie, Curt has asked department heads to review the City's charter for accuracy. Everything looks fine on the public works side of the charter with the exception to a probable update needed in Chapter 9 Eminent Domain with all the new 1 requirements, etc. Below is the highlighted snapshot of Chapter 9. Please have your eminent domain specialist review for accuracy with the most current state/federal laws to ensure our charter is adequate and not outdated/contradictory. Please provide me comments and recommendations. Thank you. CHAPTER. 9 EMINENT DOMAIN Section 9.01. POWER TO ACQUIRE PROPERTY. The City may acquire by paella devise, or condemnation, any property, real or personal, corporeal or incorporeal, either w without its corporate boundaries, which may be needed by the City for any public use or p Easements for slopes, tills, access., drainage, sewers, building lines. poles, wires, pipes, and for water, gas, heat, and power may be acquired by gift, CieVise, purchase, or condemnatio manner provided by law. Section 9.02. PROCEEDINGS IN ACQUIRING PROPERTY The necessity for the takim property by the City shall be determined by the Council and shall be declared by a resolutioi shall describe such property clearly and state the use to which it is to be devoted, In at property by exercising the power ofemi nem domain, the City shall proceed according to the this state, except as otherwise provided in this charter, Section 9.03. PAY M ENT OF AWARD. The City shall, within seventy 70) days alter the I the commissioner's report, or in case of an appeal within forty-five (45) days after d judgments or stipulations of settlement thereon, pay any award ofdamages allowed pursu section and State law whether by the commissioners or upon appeal. Section 9.04, CITY MAY DISNIISS PROCFEDINGS, The City may dismiss all or par property being acquired in a condemnation proceedings so long as the dismissal is filed \ proper court prior to the expiration of the time for an appeal or before entry of judgment if ar has been taken. When the proceeding is dismissed, the City shall pay all reasonable cc expenses incurred by the condemnee including attorney's tees. Section 9.05. CITY NlAY TAKE ENTIRE PLANT. lithe City condemns a public utility operated at the time of the commencement of the condemnation proceeding as one propert system, it shall not be necessary in the condemnation proceedings or any of the proceeding Council, to describe or treat separately the different kinds of property composing such syst all of the property, kinds, articles, franchises, franchise values, and rights which corn system may, unless otherwise ordered by. the court, be treated together as one property ',ind a for the whole property in one I iimp sum may be made by the commissioners or other body as the damages on condemnation, This does not prevent the City, when the plant and prop , separable into distinct parts, from acquiring only such part or parts thereof as may be nece the public interest 2 Steven L. Lillehaug, PE, PTOE Director of Public Works/City Engineer I City of Brooklyn Center 6301 Shingle Creek Pkwy I Brooklyn Center, MN 55430-2113 763-569-3328 direct I 763-569-3494 fax slillehaugPci.brooklyn-center.mn.us 3 Curt Boganey From: LeFevere, Charlie L. <clefevere@Kennedy-Graven.com > Sent: Friday, January 25, 2013 11:57 AM To: Curt Boganey Subject: charter review Curt, I have briefly reviewed the charter to see whether it is inconsistent with state law and to identify any other changes that might be considered for practical reasons. 1.Section 3.04 requires an affirmative vote of a majority of all the members of the council for all ordinances and resolutions. This requires three votes for a five member council no matter how many members are present. That is consistent with legal requirements for adoption of ordinances in other cities. However, it would not be required for adoption of resolutions if it were not in the charter. In other words, if it were not for the charter, a majority of a quorum could adopt a resolution (e.g. two affirmative votes if only three members are present.) I do not know what prompted the drafters of the charter to require such a vote in the case of resolutions. I do not recall that requiring three votes has ever caused a problem for the city. On the other hand, I know of no reason why such a voting requirement should be applied generally to all resolutions. 2.The procedure for the adoption of an ordinance is very cumbersome. In a statutory city, most ordinances other than zoning ordinances can be introduced and adopted on the same night, without a public hearing, and the ordinance becomes effective upon publication. Zoning ordinances require ten days notice and a hearing before either the planning commission or the council and adopted ordinances become effective upon adoption and publication. Under the procedures in the charter any ordinance requires introduction at least 7 days before passage, publication of the ordinance before it is passed, publication after it is passed and the ordinance doesn't take effect for 30 days. after publication. (The City's practice is to hold a hearing on all ordinances, although this would not be required in most cases.) When charter requirements are added to state law requirements for zoning ordinances, the process can take even longer and it can take quite a long period of time before a zoning amendment is effective. The advantages of the charter requirements are that there is more public notice, more time for careful deliberation by the Council and time before an ordinance becomes effective for the electorate to petition for a referendum. The disadvantages include expenditure of staff time, publication expenses (which amounts to several thousand dollars a year in publication costs beyond what state law requires), delay in making ordinances effective and potentially delays in development and redevelopment that require ordinance amendments. 3..1 am sure that Sharon will be commenting on the difficulties of scheduling elections and coordinating election procedures to comply with state law and the charter. State election laws seem to be changing at a more rapid rate in recent ears. Inconsistent charter provisions can at least create confusion and extra work, and potentially could lead to litigation (and the amount of litigation challenging election procedures seems to be increasing these days as well.) I think it would be worth the effort to eliminate conflicts with state election law and perhaps any provisions that are likely to cause conflicts in the future as the state's scheduling rules change. 4.Sections 12.05 and 12.06 require that city real property can only be sold and streets can only be vacated by ordinance. I don't recall that these provisions have ever caused a problem. However, if it were not for the charter, these actions could be taken by the less costly and time consuming process of simply adopting a resolution. Section 12.05 also imposes limitations on the use of proceeds from the sale of real property that do not seem necessary to me. 5.I commented in an earlier email about inconsistencies between the charter and state laws on condemnation procedures. Let me know if you have any further questions. Charlie 1 Charles L. LeFevere Kennedy and Graven, Chartered 470 U. S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Telephone: (612) 337-9215 Fax: (612) 337-9310 clefeverekennedy-graven.com 2 Illy of BROOKLYN CENTER City Charter Adopted: November 8, 1966 Effective: December 8, 1966 Last revision: December 4, 2008 CITY CHARTER OF BROOKLYN CENTER CHAPTER 1 NAME, BOUNDARIES, POWERS AND GENERAL PROVISIONS Section 1.01. NAME AND BOUNDARIES. The Village of Brooklyn Center in the County of Hennepin and the State of Minnesota, shall, upon the taking effect of this charter, continue to be a municipal corporation, under the name and style of the City of Brooklyn Center, with the same boundaries as now are or hereafter may be established. Section 1.02. POWERS OF THE CITY. The City shall have all powers which it may now or hereafter be possible for a municipal corporation in this State to exercise in harmony with the constitutions of this State and of the United States. It is the intention of this charter that every power which the people of the City might lawfully confer upon themselves as a municipal corporation, by specific enumeration in this charter, shall be deemed to have been so conferred by the provisions of this section. This charter shall be construed liberally in favor of the City, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the generality of the power herein sought to be conferred. Section 1.03. CHARTER, A PUBLIC ACT. This charter shall be a public act and need not be pleaded or proved in a case. It shall take effect thirty (30) days from and after its adoption by the voters. City of Brooklyn Center -1- City Charter Last revised 12/04/2008 CHAPTER 2 FORM OF GOVERNMENT Section 2.01. FORM OF GOVERNMENT. The form of government established by this charter is the "Council-Manager Plan". The Council shall exercise the legislative power of the City and determine all matters of policy. The City Manager shall be the head of the administrative branch of the City Government and shall be responsible to the Council for the proper administration of all affairs relating to the City. Section 2.02. BOARDS AND COMMISSIONS. There shall be no separate administrative board of health, library board, park board, or any other administrative board or commission, except for civil service commissions and boards and for the administration of a function jointly with another political subdivision. The Council shall itself be and perform the duties and exercise the powers of such boards and commissions. The Council may, however, establish boards or commissions to advise the Council with respect to any municipal function or activity, to investigate any subject of interest to the City, or to perform quasi-judicial functions. Section 2.03. ELECTIVE OFFICERS. The Council shall be composed of a Mayor and four Council members who shall be registered voters of Brooklyn Center, and who shall be elected at large. Each Council member shall serve for a term of four (4) years. The Mayor shall serve for a term of four (4) years. The Council shall be canvassers of the election of the Mayor and the Council members. Section 2.04a. INCOMPATIBLE OFFICES. No member of the Council shall be appointed City Manager, nor shall any member hold any other paid municipal office or employment for the City; and until one (1) year after the expiration of the member's term or the member's resignation as Mayor or Council member, no former member shall be appointed to any paid appointive office or employment for the City except as provided in Section 2.05. Section 2.04b. PRIVATE EMPLOYMENT. No former Mayor or Council member may, within one (1) year after leaving the position, appear or participate in proceedings before the Council except to represent the former member's own personal interests as a private citizen of the City of Brooklyn Center. Section 2.05. VACANCIES IN THE COUNCIL. When, for any reason, a vacancy should occur in the City Council or office of the Mayor, the City Council must publicly declare such vacancy and specify the date of occurrence of the vacancy within ten (10) days of its occurrence. Notice of the vacancy shall be posted at City Hall and sent to the official city newspaper on the next business day. The Mayor or Council member shall forfeit the office for (1) lack at any time during the term of office of any qualification for the office prescribed by this charter or by law, (2) violation of any express prohibition of this charter, (3) conviction of a crime involving moral turpitude, (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council, or (5) departure of residence from the City. If the unexpired term of the Council vacancy is less than one year from the date of the occurrence of the vacancy, the Council by a majority vote of all its remaining members may either appoint a qualified person to fill the vacancy or call for a special City of Brooklyn Center -2- City Charter Last revised 12/04/2008 election. If the unexpired term of the Council vacancy is one year or longer, a special election shall be called by the Council or by the City Clerk if the Council fails to act within thirty (30) days of the occurrence of the vacancy. Notice of the vacancy, with a description setting forth the minimum set of legal qualifications to hold public office shall be posted at City Hall and sent to the official city newspaper on the next business day. A quorum of the Council consists of three (3) members; if at any time the membership of the Council is reduced to fewer than three (3) members, the remaining members may by unanimous action appoint additional members to raise the membership to three (3) without following the procedures set forth in Section 2.05b. Section 2.05a. PROCEDURES TO FILL COUNCIL VACANCIES BY SPECIAL ELECTION. If the unexpired term of the council vacancy is one year or longer, or if the unexpired term of the Council vacancy is less than one year and the Council chooses not to fill the vacancy through the appointment process, a special election shall be called by the Council or by the City Clerk if the Council fails to act within thirty (30) days of the occurrence of the vacancy. The election will be held not sooner than ninety (90) days and not later than one hundred twenty (120) 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. Section 2.05b. PROCEDURES TO FILL COUNCIL VACANCIES BY COUNCIL APPOINTMENT. If the unexpired teim of the council vacancy is less than one year, the Council by a majority vote of all its remaining members may appoint a qualified person to fill the vacancy. Notice of the vacancy, with a description setting forth the minimum set of legal qualifications to hold public office shall be posted at City Hall and sent to the official city newspaper on the next business day and shall include the following description of the application and appointment process, which shall be followed by the City Council: 1.Uniform applications in a form approved by the City Council must be received by the City Clerk, no later than twenty-one (21) days from the date of the declared vacancy. Application forms submitted by the applicants are public documents. Applications shall request, at a minimum, all information required by Minnesota Statutes of candidates filing for the office. Additional information forms may be adopted by the City Council and shall be required of each applicant uniformly. The applicant may submit a resume, in addition to the uniform application forms. 2.Tentative interview scheduling shall be completed and posted at City Hall no later than twenty-five (25) days from the declared vacancy. Applicants shall be responsible for requesting schedule changes. 3. Interview process shall not start earlier than twenty-eight (28) days from the declared vacancy. a. Applicants shall be interviewed by the Council, in accordance with the State of Minnesota open meeting laws. City of Brooklyn Center -3- City Charter Last revised 12/04/2008 b. A uniform list of initial questions to be asked of all applicants shall be made available to the public and the applicants in advance of interviews. To the extent reasonably practicable, questions asked of all applicants at the interviews shall be uniform. 4.Selection Process. Upon completion of the interview process, the Council may call for a vote to appoint an applicant. Each Council member may cast only one vote for a preferred applicant on each called-for vote to appoint. No vote, which does not result in a majority vote for one candidate, shall result in elimination from consideration of any candidate. Written ballots listing the applicant(s) shall be used. Each Council member's vote shall be recorded. A simple majority of the Council votes shall appoint that applicant to the City Council. 5.If the Council pursues the appointment process but then fails to fill a vacancy within forty-five (45) days from the occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy. The special election will be held not sooner than one hundred five (105) days and not later than one hundred thirty-five (135) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held. 6. The City shall comply with the Minnesota Data Practices Act in all respects in the collection, management, and dissemination of data on applicants for City Council vacancies. Section 2.06. THE MAYOR. The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a president pro tern who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and shall exercise all powers and perform all duties conferred and imposed upon the Mayor by this charter, the ordinances of the City, and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. The Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. In time of public danger or emergency the Mayor may, with the consent of the Council, take command of the police, maintain order and enforce the law. Section 2.07. SALARIES. The Mayor and the members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until the January 1 following the next succeeding general municipal election. The City Manager and all the subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. City of Brooklyn Center -4- City Charter Last revised 12/04/2008 Section 2.08. INVESTIGATION OF CITY AFFAIRS. The Council and the City Manager, or either of them, and any officer or officers formally authorized by them, or either of them, shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books and papers. The Council shall provide for an audit of the City's accounts at least once a year by the State department in charge of such work or by a certified public accountant. The Council may at any time provide for an examination or audit of the City government, and it may cause to be made any survey or research study of any subject of municipal concern. Section 2.09. INTERFERENCE WITH ADMINISTRATION. The Council shall by ordinance establish a merit system in all or part of the City administration, but neither the Council nor any of its members shall dictate the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this charter. Except for the purpose of inquiry, the Council and its members shall deal with and control the administrative service solely through the City Manager, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately. City of Brooklyn Center -5- City Charter Last revised 12/04/2008 CHAPTER 3 PROCEDURE OF COUNCIL Section 3.01. COUNCIL MEETINGS. The City Council shall hold regular meetings at such time and place as it by motion shall determine. Officers elected at the time of a regular municipal election provided for by this charter shall be sworn in and assume the duties of the office to which they were elected on or after the first business day of January, or at the first City Council meeting in January, or as soon thereafter as practical. Officers elected at a special election shall be sworn in and assume the duties of office to which they were elected on any business day or at any City Council meeting after the issuance by the City Clerk of the Clerk's certificate of election. Newly appointed Council members shall take the oath of office and assume the duties of office upon appointment, or on any business day, or at any Council meeting after being appointed. The Mayor or any two members of the Council may call special meetings of the Council upon at least twenty-four (24) hours' written notice to each member of the Council. Such notice shall be delivered personally to each member or shall be left at the member's usual place of residence with some responsible person. All meetings of the Council shall be in compliance with the Minnesota Open Meeting Law, and any records thereof shall be made available at all reasonable times. Section 3.02. SECRETARY OF COUNCIL. The City Clerk or the City Clerk's designee shall act as Secretary of the Council. The Clerk shall keep a journal of Council proceedings and such other records and perform such other duties as may be required by this charter or as the Council may require. The Council shall choose such other officers and employees as may be necessary to serve at its meetings. In the absence of the City Clerk, the Council may designate any other official or employee of the City (except the City Manager or a member of the Council) to act as Secretary of the Council. Section 3.03. RULES OF PROCEDURE AND QUORUM. The Council shall determine its own rules and order of business. A majority of all members shall constitute a quorum to do business, but a smaller number may adjourn from time to time. The Council may by ordinance provide a means by which a minority may compel the attendance of absent members. Section 3.04. ORDINANCES, RESOLUTIONS AND MOTIONS. Except as otherwise provided in this charter, all legislation shall be by ordinance. The aye and no vote and abstentions on ordinances, resolutions and motions shall be recorded. An affirmative vote of a majority of all the members of the Council shall be required for the passage of all ordinances and resolutions, except as otherwise provided in this charter. Section 3.05. PROCEDURE ON ORDINANCES. The enacting clause of all ordinances shall be in the words "City of Brooklyn Center does ordain". Every ordinance shall be presented in writing. No ordinance except an emergency ordinance shall be passed at the meeting at which it is introduced, and at least seven (7) days shall elapse between its introduction and its final passage. Every ordinance, other than an emergency ordinance, shall be published in the official newspaper at least one week prior to the final passage. City of Brooklyn Center -6- City Charter Last revised 12/04/2008 Section 3.06. EMERGENCY ORDINANCE. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety, or welfare in which the emergency is defined and declared in a preamble thereto, and is adopted by unanimous vote of the Council members present. No prosecution shall be based upon the provisions of any emergency ordinance until twenty-four (24) hours after the ordinance has been published, unless the person charged with violation had actual notice of the passage of the ordinance prior to the act or omission complained of. Every emergency ordinance shall automatically stand repealed as of the sixty-first (61st) day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency still exists. Section 3.07. PROCEDURE ON RESOLUTIONS. Every resolution shall be presented in writing and read in full before a vote is taken thereon, unless the reading of a resolution is dispensed with by unanimous consent. Section 3.08. SIGNING AND PUBLICATION OF ORDINANCES AND RESOLUTIONS. Every ordinance or resolution passed by the Council shall be signed by the Mayor, or Acting Mayor, attested by the City Clerk, and filed and preserved. Every ordinance shall be published at least once in the official newspaper. Section 3.09. WHEN ORDINANCES AND RESOLUTIONS TAKE EFFECT. A resolution and emergency ordinance shall take effect immediately upon its passage or at such later date as is fixed in it. Every other ordinance shall take effect thirty (30) days after publication or at such later date as is fixed therein. Every ordinance adopted by the voters of the City shall take effect immediately upon its adoption, or at such later times as is fixed therein. Section 3.10. AMENDMENT AND REPEAL OF ORDINANCES. Every ordinance repealing a previous ordinance, section or subdivision thereof shall give the number, if any, and the title of the ordinance to be repealed in whole or in part. No ordinance, section, or subdivision thereof shall be amended by reference to the title alone. Such an amending ordinance shall set forth in full each section or subdivision to be amended and shall indicate new matter by underscoring, and the old matter to be omitted, by strikethrough method. In newspaper publication of ordinances, the same indications of omitted and new matter shall be used except that italics or bold-faced type may be substituted for underscoring and omitted matter be printed using the strikethrough method. Section 3.11. CODIFICATION AND PUBLICATION OF ORDINANCES. The City shall codify and publish an ordinance code in book, pamphlet or continuous reference loose leaf form. Copies shall be made available by the Council at the office of the City Clerk for general distribution to the public in accordance with Council policy. The City Code shall be published and maintained on the City's website. -7- City Charter Last revised 12/04/2008 City of Brooklyn Center CHAPTER 4 NOMINATIONS AND ELECTIONS Section 4.01. THE REGULAR MUNICIPAL ELECTION. A regular municipal election shall be held on the first Tuesday after the first Monday in November of even-numbered years at such place or places as the City Council may designate. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected and such other matters to be voted upon by posting in at least one public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.02. PRIMARY ELECTIONS. On Tuesday, at least six (6) weeks in advance of the regular municipal election, there shall be a primary election for the selection of two nominees for each elected office at the regular municipal election unless no more than two nominees file for each elective office. [City Clerk's Note: Minnesota Statutes, Section 205.065, Subd. 1 provides that a municipal primary for the purpose of nominating elective officers may be held in any city on the second Tuesday in August of any year in which a municipal general election is to be held for the purpose of electing officers.] When two vacancies exist on the Council and the number of candidates is more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1) public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.03. SPECIAL ELECTIONS. The Council may by resolution order a special election and provide all means for holding it. At least three (3) weeks of weekly published notice of a special election shall be given in the official newspaper. The procedure at such election shall conform as nearly as possible to that prescribed for other municipal elections. Section 4.04. FILE BY FEE OR BY PETITION. Upon receiving a completed Affidavit of Candidacy form and the payment of a filing fee of twenty-five dollars ($25) by a potential candidate or filing by the petition of fifty (50) registered voters on behalf of the candidate, the Clerk shall certify the eligibility of the candidate and place the name of the candidate upon the election ballot without partisan designation. Section 4.05. WITHDRAWAL OF CANDIDATE. Any person whose name has been presented in the manner provided for in the foregoing section as a candidate may, no later than 5:00 p.m. two days after the last day for filing, cause such name to be withdrawn from nomination by filing with the City Clerk a request to do so in writing, and no name so withdrawn shall be printed upon the ballot. City of Brooklyn Center -8- City Charter Last revised 12/04/2008 Section 4.06. CANVASS OF ELECTION. The Council shall meet and canvass the election returns within five (5) days after any regular, primary or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the true vote for each candidate, with an indication of those who were elected or nominated; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected or nominated of their election or nomination. In case of a tie vote, the Council shall determine the result by lot. The City Clerk shall be the final custodian of the ballots. Section 4.07. PROCEDURE AT ELECTIONS. The City Council may by ordinance adopt such rules and regulations as may be necessary or desirable to regulate the conduct of elections subject to the provisions of this charter and the laws of the State of Minnesota when applicable. City of Brooklyn Center -9- City Charter Last revised 12/04/2008 CHAPTER 5 INITIATIVE AND REFERENDUM Section 5.01. POWERS RESERVED BY THE PEOPLE. The people of Brooklyn Center reserve to themselves the power, in accordance with the provisions of this charter, to initiate and adopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes, to require such an ordinance when passed by the Council to be referred to the registered voters for approval or disapproval. These powers shall be called the initiative and referendum. Section 5.02. EXPENDITURES BY PETITIONERS. No member of any initiative or referendum committee, no circulator of a signature paper, and no signer of any such paper, or any other person, shall accept or offer any reward, pecuniary, or otherwise, for service rendered in connection with the circulation thereof, but this shall not prevent the committee from incurring expenses for legal advice, stationery, copying, printing, advertising and notaries' fees. The committee, at least five (5) days before the election, shall file with the City Manager a financial statement verified by a member of the committee, which shall show in itemized detail, all receipts, with the source thereof, and all disbursements and all obligations to make disbursements. Any violation of the provisions of this paragraph shall constitute a misdemeanor. Section 5.03. INITIATION OF MEASURES. Any five (5) registered voters may form themselves into a committee for the initiation of any ordinances except an ordinance appropriating money or authorizing the levy of taxes. Before circulating any petition they shall file a verified copy of their proposed ordinance with the City Clerk, together with their names and addresses as members of such committee. They shall also attach a verified copy of the proposed ordinance to each of the signature papers herein described, together with their names and addresses as sponsors thereof City of Brooklyn Center -10- City Charter Last revised 12/04/2008 Section 5.04. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any ordinance shall consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of registered voters equal to at least five per cent (5%) of the total number of registered voters at the time of the last regular municipal election. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall be in substantially the following form: INITIATIVE PETITION Proposing an ordinance to (stating the purpose of the ordinance) a copy of which ordinance is hereto attached. This ordinance is sponsored by the following committee of voters: Name Address 1. 2. 3. 4. 5. The undersigned qualified registered voters, understanding the terms and nature of the ordinance attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the vote of the voters for their approval or disapproval: Name Address 1. 2. 3. (At the end of the list of signatures shall be appended the Affidavit of the circulator mentioned above.) Section 5.05. FILING OF PETITION AND ACTION THEREON. All the signature papers shall be filed in the office of the City Clerk as one instrument. Within five (5) days after the filing of the petition, the City Clerk shall ascertain by examination, the number of registered voters whose signatures are appended thereto and whether this number is at least five per cent (5%) of the total number of registered voters at the time of the last regular municipal election. City of Brooklyn Center -11- City Charter Last revised 12/04/2008 If the Clerk finds the petition insufficient or irregular, the Clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reasons for such finding. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the Clerk shall so notify each member of the committee of that fact and file the petition as an official City record. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the Council from referring the ordinance to the voters at the next regular or special election. Section 5.06. ACTION OF COUNCIL ON PETITION. When the petition is found to be sufficient, the City Clerk shall so certify to the Council at its next regular meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute, and the Council shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or Council shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed ordinance shall be submitted by the Council to a vote at the next regular municipal election, but if the number of signers of the petition is equal to at least fifteen (15) per cent of the total number of registered voters at the time of the last regular municipal election, the Council shall call a special election upon the measure. Such special election shall be held not less than thirty (30) nor more than forty-five (45) days from the date of final action on the ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no final action; but if a regular election is to occur within three (3) months, the Council may submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the City Clerk within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to the voters. Section 5.07. INITIATIVE BALLOTS. The ballots used when voting upon any such proposed ordinance shall state the substance of the ordinance and shall give the voters the opportunity to vote either "yes" or "no" on the question of adoption. If a majority of the votes on any such ordinance are in favor of it, it shall thereupon become an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election, but the voters shall be allowed to vote for or against each separately. In case of inconsistency between two (2) initiated ordinances approved at one election, the one (1) approved by the higher percentage of voters voting on the question shall prevail to the extent of the inconsistency. Section 5.08. AMENDMENT OR REPEAL. Any ordinance adopted by the vote of the people cannot be repealed or amended except by a vote of the people. City of Brooklyn Center -12- City Charter Last revised 12/04/2008 Section 5.09. INITIATION OF CHARTER AMENDMENTS. Nothing in this charter shall be construed as in any way affecting the right of the registered voters, under the constitution and statutes of Minnesota, to propose amendments to this charter. MINNESOTA STATUTES ANNOTATED Section 410.12 Subdivision 7 Charter Amendment by Ordinance Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Such an ordinance, if enacted, shall be adopted by the council by an affirmative vote of all its members after a public hearing upon two weeks published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. Such petition shall be signed by qualified voters equal in number to two per cent of the total number of votes cast in the city at the last state general election or 2,000 whichever is less. If the city has a system of permanent registration of voters, only registered voters are eligible to sign the petition. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of (Minnesota Statutes 410.12) subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to filing of such ordinance when approved by the voters. Section 5.10. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by qualified registered voters of the City equal in number to ten (10) per cent of the total number of registered voters at the time of the last regular municipal election is filed with the City Clerk requesting that any such ordinance be repealed or submitted to a vote of the registered voters, the ordinance shall thereby be prevented from going into operation. The Council shall thereupon reconsider the ordinance at its next regular meeting, and by a majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council shall immediately order a special election to be held thereon, or submit the ordinance at the next regular municipal election, pending which the ordinance shall remain suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it shall not become effective; but if a majority of the voters favor the ordinance, it shall go into effect immediately or on the date therein specified. City of Brooklyn Center -13- City Charter Last revised 12/04/2008 Section 5.11. REFERENDUM PETITION. The requirements laid down in Section 5.03 and 5.04 above as to the formation of committees, the form of petitions and signature papers, for the initiation of ordinances shall apply to the referendum, but with such changes as may be necessary. A referendum petition shall read substantially as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance) a copy of which ordinance is hereto attached. The proposed repeal is sponsored by the following committee of voters: Name Address 1. 2. 3. 4. 5. The Undersigned qualified registered voters, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the City, petition the Council for its repeal, or in lieu thereof, for its submission to a vote of the voters for their approval or disapproval. Name Address 1. 2. 3. (At the end of the list of signatures shall be appended the Affidavit of the circulator mentioned above.) Section 5.12. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in Section 5.07 of this charter for initiative ballots. -14- City Charter Last revised 12/04/2008 City of Brooklyn Center CHAPTER 6 ADMINISTRATION OF CITY AFFAIRS Section 6.01. THE CITY MANAGER. The City Manager shall be the Chief Administrative Officer of the City and shall be chosen by the Council solely on the basis of training, experience, and administrative qualifications. The choice shall not be limited to inhabitants of the City or State. The City Manager shall be a citizen of the United States and shall be appointed for an indefinite period. The City Manager shall be removable by the Council at will, provided, however, that if removed at any time after one year of service, the City Manager may, within fifteen (15) days after such removal, demand written charges and a public hearing on the same before the Council; but pending and during such hearing, the Council may suspend the City Manager from office with or without pay. Such public hearing shall take place within thirty (30) days after the demand for the same and the written charges shall be furnished to the City Manager by the Council at least ten (10) days before the hearing. During the suspension, absence or disability of the City Manager, or in case of a vacancy in the office of the City Manager, the duties of said office shall be performed by some properly qualified person designated by the Council as acting manager. Section 6.02. POWERS AND DUTIES OF THE CITY MANAGER. Subdivision 1. Subject to the provisions of this charter, any Council regulations consistent therewith, and other applicable laws, the City Manager shall control and direct the administration of the City's affairs. The City Manager shall have the powers and duties set forth in the following subdivisions. Subdivision 2. The City Manager shall see that this charter and the laws and resolutions of the City are enforced. Subdivision 3. (a)Subject to the provisions of paragraphs (b) and (c) of this Subdivision, the City Manager shall appoint, upon the basis of merit and fitness and may suspend or remove upon the basis of merit and fitness, and upon the provisions of all applicable ordinances, all officers and employees of the City, except the City Attorney, whose appointment and removal shall be at the discretion of the Council. (b)The Fire Chief shall be appointed from the members of the Fire Department. Procedures for the appointment, suspension and removal of the Fire Chief shall be set forth in paragraph (a) of this Subdivision. City of Brooklyn Center -15- City Charter Last revised 12/04/2008 (c) Appointments and promotions of all other members of the Fire Department shall be by the Fire Chief but shall be made final only upon approval of the City Manager. Suspension and removal of all other members of the Fire Department shall be by the Fire Chief with the prior approval of the City Manager. All appointments, promotions, suspensions and removals of Fire Department members shall be on the basis of merit and fitness and upon the provisions of all applicable ordinances. Subdivision 4. The City Manager shall exercise control over all departments and divisions of the City administration created by this charter or by the Council. Subdivision 5. The City Manager shall attend all meetings of the Council, unless excused by the Mayor, with the right to take part in the discussion, but not to vote; but the Council may in its discretion exclude the City Manager from any meeting at which the removal of the City Manager is considered. Subdivision 6. The City Manager shall recommend to the Council for adoption such measures as the City Manager may deem necessary for the welfare of the people and the efficient administration of the City's affairs. Subdivision 7. The City Manager shall keep the Council fully advised as to the financial condition and needs of the City, and shall prepare and submit to the Council the annual budget. Subdivision 8. The City Manager shall prepare and submit to the Council for adoption an administrative code incorporating the details of administrative procedure, and shall, from time to time, suggest amendments to such code. Subdivision 9. The City Manager shall perform such other duties as may be prescribed by this charter or by law or required of the City Manager by ordinance or resolutions adopted by the Council. Section 6.03. DEPARTMENTS OF ADMINISTRATION. The Council may create or abolish such departments, division, and bureaus for the administration of the City's affairs as may seem necessary, and from time to time alter their powers and organization. It may, in conjunction with the City Manager, prepare a complete administrative code for the City and enact it in the form of an ordinance, which may be amended from time to time by ordinance. City of Brooklyn Center -16- City Charter Last revised 12/04/2008 Section 6.04. SUBORDINATE OFFICERS. There shall be a City Clerk, City Treasurer, and such other officers subordinate to the City Manager as the Council may create by ordinance. The City Clerk shall be subject to the direction of the City Manager, and shall have duties in connection with the keeping of the public records and such other duties as may be assigned by the City Manager or by the provisions of this charter. The City Treasurer shall have such duties in connection with the receipt, disbursement and custody of public funds as may be assigned by the City Manager and other provisions of this charter. The provisions of this charter shall not be construed so as to prevent the combining of the offices of City Clerk and City Treasurer. The Council may by ordinance abolish offices which have been created by ordinance, and may combine the duties of various offices as it may see fit. Section 6.05. PURCHASES AND CONTRACTS. The City Council shall by resolution establish and maintain a purchasing policy for the City of Brooklyn Center. All contracts, bonds, and instruments of any kind to which the City is a party shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the City. Section 6.06. CONTRACTS: HOW LET. Every contract for the purchase of supplies, materials, equipment or the rental thereof, the construction, alteration, repair or maintenance of real or personal property shall be in accordance with the Uniform Municipal Contracting Law, M.S.A. Section 471.345. Subject to the provisions of this charter, the Council may by resolution adopt further regulations for the making of bids and the letting of contracts. City of Brooklyn Center -17- City Charter Last revised 12/04/2008 CHAPTER 7 TAXATION AND FINANCES Section 7.01. COUNCIL TO CONTROL FINANCES. The Council shall have full authority over the financial affairs of the City, and shall provide for the collection of all revenues and other assets, the auditing and settlement of accounts, and the safekeeping and disbursement of public monies, and in the exercise of sound discretion shall make appropriations for the payment of all liabilities and expenses. Section 7.02. FISCAL YEAR. The fiscal year of the City shall be the calendar year. Section 7.03. SYSTEM OF TAXATION. Subject to the State constitution, and except as forbidden by it or by State legislation, the Council shall have full power to provide by ordinance for a system of local taxation. In the taxation of real and personal property as such, the City shall conform as fully as possible to the general State law as to the assessment of such property and the collection of such taxes. Section 7.04. BOARD OF APPEAL AND EQUALIZATION. The Council shall constitute a Board of Appeal and Equalization to equalize assessments of property for taxation purposes according to law. Section 7.05. PREPARATION OF THE ANNUAL BUDGET. The City Manager shall prepare the estimates for the annual budget. The budget shall be by funds and shall include all the funds of the City except the funds made up of proceeds of bond issues, public service enterprise funds, and special assessments funds, and may include any of such funds at the discretion of the Council. The estimates of expenditures for each fund budgeted shall be arranged for each department or division of the City. The budget shall show the income and expenditures classified in accordance with generally accepted accounting principles. The City Manager shall submit with the estimates such explanatory statements as the City Manager may deem necessary, and under this charter, the City Manager shall interpret this section as requiring comparisons of the City's finances with the two previous budgets of this municipality. Section 7.06. PASSAGE OF ANNUAL BUDGET. At least thirty (30) days prior to the adoption of the proposed annual budget and/or property tax levy required by state law, the City Manager shall submit a preliminary proposed budget and/or property tax levy to the City Council. Public hearings, notices of public hearings, and other legal publication requirements shall be in accordance with state law. Complete copies of the City Manager's proposed budget shall be available for public view at all meetings at which the Council reviews the proposed budget. The annual budget finally agreed upon shall set forth in detail the complete financial plan of the City for the ensuing fiscal year for the funds budgeted. It shall indicate the sums to be raised and from what sources and the sums to be spent and for what purpose according to Section 7.05. The total sum appropriated shall be equal to the total estimated revenue and allocated surplus. The Council shall adopt the budget not later than three (3) calendar days prior to the statutory requirement for certification of the budget to the County Auditor by a resolution which shall set forth the total for each budgeted fund and each department City of Brooklyn Center -18- City Charter Last revised 12/04/2008 with such segregation as to objects and purposes of expenditures as the Council deems necessary for purposes of budget control. The Council shall also adopt a resolution levying whatever taxes it considers necessary within statutory limits for the ensuing year for each fund. The tax levy resolution shall be certified to the County Auditor in accordance with law. At the beginning of the fiscal year, the sums fixed in the budget resolution shall be and become appropriated for the several purposes named in the budget resolution and no other. Section 7.07. ENFORCEMENT OF THE BUDGET. It shall be the duty of the City Manager to enforce the provisions of the budget as specified in the budget resolution. The City Manager shall not authorize or approve any expenditure unless an appropriation has been made in the budget resolution and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. No officer or employee of the City shall place any orders or make any purchases except for the purposes authorized in the budget. Any obligation incurred by any person in the employ of the City for any purpose not in the approved budget or for any amount in excess of the amount appropriated in the budget resolution or in excess of the available monies in any fund of the City may be considered a personal obligation upon the person incurring the expenditure. Section 7.08. ALTERING OR ADJUSTING THE BUDGET. After the budget shall have been duly adopted, the Council shall have no power to increase the amounts fixed in the budget resolution, by the insertion of new items or otherwise, beyond the estimated revenues, unless the actual receipts exceed the estimates and then not beyond the actual receipts. This provision shall in no way be construed as limiting the discretion of the Council to appropriate monies from accumulated surplus in an amount equal to a previous appropriation if not, in fact, expended or encumbered for that purpose in the previous fiscal year. The Council may at anytime, by resolution approved by a four- fifths (4/5) majority of its members, reduce the sums appropriated for any purpose by the budget resolution. The Council may, by a majority vote of its members, transfer unencumbered appropriation balances from one office, department or agency to another within the same fund. All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered. Section 7.09. CONTINGENCY APPROPRIATION IN BUDGET. The Council may include a contingency appropriation as a part of the budget but not to exceed five per cent (5%) of the total appropriation of the general fund made in the budget for that year. A transfer from the contingency appropriation to any other appropriation shall be made only by a majority vote of the members of the Council. The funds thus appropriated shall be used only for the purposes designated by the Council. Section 7.10. DISBURSEMENTS. HOW MADE. No disbursements of City funds shall be made except by check bearing the actual or facsimile signature of the City Manager and the Treasurer. Such checks shall bear a statement specifying the purposes for which the disbursement is made and the fund from which it is drawn, or a check register shall be prepared and maintained which shall contain the aforementioned information. No such check shall be issued until there is money to the credit of the fund from which it is to be paid, sufficient to pay it together with all outstanding encumbrances upon the fund. No such check shall be issued until the claim to which it relates has been supported by an itemized bill, payroll or time sheet approved and signed by the responsible City officer who vouches for its correctness and reasonableness. The City Manager shall note on City of Brooklyn Center -19- City Charter Last revised 12/04/2008 each contract requiring the payment of money by the City the particular fund out of which it is to be paid. The Council may by ordinance make further regulations for the safekeeping and disbursement of the funds of the City. Section 7.11. FUNDS TO BE KEPT. There shall be maintained in the City Treasury a classification of funds which shall provide for a general fund for the payment of such expenses of the City as the Council may deem proper, and such other funds as may be required by statute, ordinance or resolution. The Council shall have full power by ordinance or resolution to make interfund loans, except from trust and agency funds, as may be deemed necessary and appropriate from time to time. The Council shall have full authority by ordinance or resolution to make permanent transfers between all funds which may be created, provided that such transfers are not inconsistent with the provisions of relevant covenants, the provisions of this charter or State statute. Section 7.12. ACCOUNTS AND REPORTS. The City Manager shall be the Chief Accounting Officer of the City and of every branch thereof, and the Council may prescribe and enforce proper accounting methods, forms, blanks, and other devices consistent with the law, this charter, and the ordinances adopted in accord therewith. The City Manager shall submit to the Council a statement each month showing the amount of money in the custody of the City Treasurer, the status of all budgeted funds, and such other information about the finances of the City as the Council may require. Once each year, on or before the last day of June, the City Manager shall submit an audited report to the Council covering the entire financial operations of the City for the past year. Such report, or summary thereof, shall be published in the official City newspaper on or before July 31 of each year. Section 7.13. CITY INDEBTEDNESS. Except as provided in Section 7.14 and 7.15 no obligations shall be issued to pay cuiTent expenses, but the Council may issue and sell obligations for any other municipal purpose in accordance with law and within the limitations prescribed by law. Except in the case of obligations for which an election is not required by this charter or by state law, no such obligations shall be issued and sold without the approval of the majority of the registered voters of the City voting on the question at a general or special election. Section 7.14. TAX ANTICIPATION CERTIFICATES. At any time after January 1 following the making of an annual tax levy, the Council may issue certificates of indebtedness in anticipation of the collection of taxes levied for any fund and not yet collected. The total amount of certificates issued against any fund for any year with interest thereon until maturity shall not exceed 90 per cent (90%) of the total current taxes for the fund uncollected at the time of issuance. Such certificates shall be issued on such terms and conditions as the Council may determine and shall bear interest at no more than the lawful rate, but they shall become due and payable not later than the first (1st) day of April of the year following their issuance. The proceeds of the tax levied for the fund against which tax anticipation certificates are issued and the full faith and credit of the City shall be irrevocably pledged for the redemption of the certificates in the order of their issuance against the fund. City of Brooklyn Center -20- City Charter Last revised 12/04/2008 Section 7.15. EMERGENCY DEBT CERTIFICATES. If in any year the receipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the City, or if any calamity or other public emergency should subject the City to the necessity of making extraordinary expenditures, the Council may by ordinance or by emergency ordinance, issue and sell on such terms and in such manner as the Council determines emergency debt certificates to run not to exceed two (2) years and to bear interest not to exceed the maximum limit provided by law. City of Brooklyn Center -21- City Charter Last revised 12/04/2008 CHAPTER 8 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Section 8.01. POWER TO MAKE IMPROVEMENTS AND LEVY ASSESSMENTS. The City shall have the power to make any and every type of public improvement not forbidden by the laws of this State and to levy special assessments for all or any part to the cost of such improvements as are of a local character, pursuant to the laws of the State of Minnesota. Section 8.02. ASSESSMENTS FOR SERVICES. The Council may provide by ordinance that the cost of snow, rubbish or weed removal, and sprinkling or any other service to streets, sidewalks, or other public property, or the cost of any service to other property, undertaken by the City may be assessed against the property benefited and collected in like manner as are special assessments. Section 8.03. LOCAL IMPROVEMENTS REGULATIONS. After this charter takes effect local improvements commenced prior thereto shall be completed and assessments may be levied and securities issued for the financing thereof as prescribed by the law applicable thereto. The Council may prepare and adopt a comprehensive ordinance prescribing the procedure which shall be followed thereafter in making all local improvements and levying assessments therefor. Such ordinances shall be amended only by an affirmative vote of at least four-fifths (4/5) of the members of the Council. In the absence of such ordinances all local improvements may be made and assessments levied therefor as prescribed by any applicable law. Section 8.04. PUBLIC WORKS: HOW PERFORMED. Public works, including all local improvements, may be constructed, extended, repaired, and maintained either directly by day labor or by contract. The City shall require contractors to give bonds or other guarantees approved by the City Manager for the protection of the City and all persons furnishing labor and materials pursuant to the laws of the State. City of Brooklyn Center -22- City Charter Last revised 12/04/2008 CHAPTER 9 EMINENT DOMAIN Section 9.01. POWER TO ACQUIRE PROPERTY. The City may acquire by purchase, gift, devise, or condemnation, any property, real or personal, corporeal or incorporeal, either within or without its corporate boundaries, which may be needed by the City for any public use or purpose. Easements for slopes, fills, access, drainage, sewers, building lines, poles, wires, pipes, and conduits for water, gas, heat, and power may be acquired by gift, devise, purchase, or condemnation in the manner provided by law. Section 9.02. PROCEEDINGS IN ACQUIRING PROPERTY. The necessity for the taking of any property by the City shall be determined by the Council and shall be declared by a resolution which shall describe such property clearly and state the use to which it is to be devoted. In acquiring property by exercising the power of eminent domain, the City shall proceed according to the laws of this state, except as otherwise provided in this charter. Section 9.03. PAYMENT OF AWARD. The City shall, within seventy (70) days after the filing of the commissioner's report, or in case of an appeal within forty-five (45) days after the final judgments or stipulations of settlement thereon, pay any award of damages allowed pursuant to this section and State law whether by the commissioners or upon appeal. Section 9.04. CITY MAY DISMISS PROCEEDINGS. The City may dismiss all or part of the property being acquired in a condemnation proceedings so long as the dismissal is filed with the proper court prior to the expiration of the time for an appeal or before entry ofjudgment if an appeal has been taken. When the proceeding is dismissed, the City shall pay all reasonable costs and expenses incurred by the condemnee including attorney's fees. Section 9.05. CITY MAY TAKE ENTIRE PLANT. If the City condemns a public utility which is operated at the time of the commencement of the condemnation proceeding as one property or one system, it shall not be necessary in the condemnation proceedings or any of the proceedings of the Council, to describe or treat separately the different kinds of property composing such system; but all of the property, lands, articles, franchises, franchise values, and rights which comprise such system may, unless otherwise ordered by the court, be treated together as one property and an award for the whole property in one lump sum may be made by the commissioners or other body assessing the damages on condemnation. This does not prevent the City, when the plant and property are separable into distinct parts, from acquiring only such part or parts thereof as may be necessary in the public interest. City of Brooklyn Center -23- City Charter Last revised 12/04/2008 CHAPTER 10 FRANCHISES Section 10.01. FRANCHISES REQUIRED. The Council may grant to a person, firm, or corporation a franchise as a privilege to operate a public utility or service within the City, except as otherwise provided by law. No person, firm or corporation shall place or maintain any permanent or semi-permanent fixtures, in, over, upon, or under any street or public place for the purpose of operating a public utility or for any other purpose, without a franchise therefor from the City. A franchise shall be granted only by ordinance, which shall not be an emergency ordinance. Every ordinance granting a franchise shall contain all the terms and conditions of the franchise. The grantee shall bear the costs of publication of the franchise ordinance and shall make a sufficient deposit with the Clerk to guarantee publication before the ordinance is passed. Section 10.02. TERM. No exclusive or perpetual franchise shall ever be granted. No franchise for a term exceeding twenty (20) years shall be effective until approved by a majority of the electors voting thereon. Section 10.03. PUBLIC HEARING. Before any franchise or privilege ordinance is adopted, altered, modified, extended or renewed, the Council shall hold a public hearing upon ten (10) days published notice in the official newspaper. Additional notice of such hearing may be given in such a manner as the Council may determine. Section 10.04. POWER OF REGULATION RESERVED. Subject to the applicable law, the Council shall retain and reserve the power to alter, modify, regulate and control the exercise of any existing franchise or privilege, including the maximum rates, fares or prices charged by the grantee, whenever it appears necessary in the public interest so to do. No franchise value shall be included in the valuation of the grantee's property in regulating utility rates, fares or prices under any applicable law, ordinance, or regulation, or in proceedings, for municipal acquisition of the grantee's property by purchase or eminent domain. Section 10.05. RENEWALS OR EXTENSIONS. Every extension, renewal or modification of any existing franchise or of any franchise granted hereafter shall be subject to the same limitations and shall be granted in the same manner as a new franchise. City of Brooklyn Center -24- City Charter Last revised 12/04/2008 CHAPTER 11 PUBLIC OWNERSHIP AND OPERATIONS OF UTILITIES Section 11.01. ACQUISITION AND OPERATION OF UTILITIES. The City may own and operate any gas, water, heat, power, light, telephone or other public utility for supplying its own needs for utility service or for supplying utility service to private consumers or both. It may construct all facilities reasonably needed for that purpose and may acquire any existing utility properties so needed; but such acquisition action may only be taken by an ordinance, approved by a majority of the electors voting thereon, at a general or special election. The operation of all public utilities owned by the City shall be under the supervision of the City Manager. Section 11.02. RATES AND FINANCES. Upon recommendation made by the City Manager or upon its own motion, the Council may fix rates, fares and prices for municipal utilities, but such rates, fares and prices shall be just and reasonable. The Council shall endeavor to make each municipal utility financially self-sustaining and shall not use any municipal utility operation directly or indirectly as a general revenue producing agency for the City. Before any rates, fares or prices for municipal utilities shall be fixed by the Council, the Council shall hold a public hearing on the matter in accordance with Section 11.06. The Council shall prescribe the time and the manner in which payments for all such utility services shall be made, and may make such other regulations as may be necessary, and prescribe penalties for violations of such regulations. Section 11.03. PURCHASE IN BULK. The Council may, in lieu of providing for the local production of gas, electricity, water and other utilities, purchase the same in bulk and resell them to local consumers at such rates as it may fix. Before such rates are fixed by the Council, the Council shall hold a public hearing on the matter in accordance with Section 11.06. Section 11.04. LEASE OF PLANT. The Council may, if the public interests will be served thereby, contract with any responsible person, co-partnership or corporation for the operation of any utility owned by the City, upon such rentals and conditions as it may deem necessary; but such contract shall be embodied in and let only by an ordinance approved by a majority of the electors voting thereon, at a general or special election. In no case shall such contract be for a longer term than ten (10) years. Section 11.05. PUBLIC UTILITY. HOW SOLD. No public utility owned by the City shall be sold or otherwise disposed of by the City unless the full terms of the proposition of sale or other disposition are embodied in an ordinance approved by a majority of the electors voting thereon, at a general or special election. In the case of a water works or light plant, any sale, lease, or abandonment shall be subject, in addition, to the requirements of State law. Section 11.06. NOTICE OF PUBLIC HEARINGS. Notice of public hearings required by this Chapter shall be published at least once in the official newspaper at least ten (10) days prior to the date of the hearing. Additional notice of such public hearings may be given in such manner as the Council may determine. City of Brooklyn Center -25- City Charter Last revised 12/04/2008 CHAPTER 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Section 12.01. OFFICIAL PUBLICATIONS. The Council shall annually designate a legal newspaper of general circulation in the City as its official newspaper in which shall be published ordinances and other matters required by law to be so published, as well as such other matters as the Council may deem it in the public interest to have published in this manner. Section 12.02. OATH OF OFFICE. Every officer of the City shall, before entering upon the duties of the office, take and subscribe an oath of office in substantially the following form: "I do solemnly swear (or affirm) to support the Constitution of the United States and of this State to discharge faithfully the duties devolving upon me as (Mayor, Council member, City Manager, etc.) of the City of Brooklyn Center to the best of my judgment and ability". Section 12.03. CITY OFFICERS AND EMPLOYEES NOT TO BE INTERESTED IN CONTRACTS. Except as otherwise permitted by law, no officer or employee of the City who is authorized to take part in any manner in any contract with the City shall voluntarily have a personal financial interest in such contract or personally benefit therefrom. Section 12.04. OFFICIAL BONDS. The City Manager, the City Clerk, the City Treasurer, and such other officers or employees of the City as may be provided for by ordinance shall each before entering upon the duties of such respective office or employment, give a corporate surety bond to the City in such form and in such amount as may be fixed by the Council as security for the faithful performance of prescribed official duties and the safekeeping of the public funds. Such bonds may be either individual or blanket bonds in the discretion of the Council. They shall be approved by the City Council, and approved as to form by the City Attorney, and filed with the City Clerk. The provisions of the laws of the State relating to official bonds not inconsistent with this charter shall be complied with. The premiums on such bonds shall be paid by the City. Section 12.05. SALES OF REAL PROPERTY. No real property of the City shall be disposed of except by ordinance. The proceeds of any sale of such property shall be used, as far as possible, to retire any outstanding indebtedness incurred by the City in the purchase, construction, or improvement of this property. Whenever the outstanding indebtedness against the sold property has been satisfied, the remaining proceeds shall be used for any of the following purposes: (1)Purchase additional real property or construct or make improvements on existing City-owned real property. (2)Reduce indebtedness on other City-owned real property. (3) Establish a reserve for future acquisition or improvement of real property. City of Brooklyn Center -26- City Charter Last revised 12/04/2008 Section 12.06. VACATION OF STREETS. The Council may by ordinance approved by at least four-fifths (4/5) of the members of the Council vacate any street or alley or part thereof within the City. Such vacation may be made only after published notice and an opportunity for affected property owners and public to be heard, and upon such further terms and by such procedure as the Council by ordinance may prescribe. A notice of completion of such proceedings shall be filed with the proper county officers in accordance with law. Section 12.07. CITY TO SUCCEED TO RIGHTS AND OBLIGATIONS OF FORMER MUNICIPALITY. The City of Brooklyn Center shall remain vested with and continue to have, hold, and enjoy all property, property rights, rights of action, and rights of every kind, privileges and immunities now belonging to or pertaining to the Village of Brooklyn Center, and shall be subject to all liability which exist against said Village on said date of charter. The municipal liquor stores which have been established in the Village of Brooklyn Center shall continue and may be operated by the City in the same manner as before the adoption of this charter. Nothing in this charter shall be construed as limiting in any manner such continuance or restricting in any way the addition of new stores or relocation of existing stores, provided, however, that the liquor dispensary may be disestablished by a majority vote of those electors voting on the question. Section 12.08. PRESENT OFFICERS TO HOLD OFFICE TILL WHEN. The present officers of the City shall continue in their respective offices and functions until their successors are chosen and qualify, and shall continue to govern the City in the usual manner. They shall make such financial and other provisions as will serve to carry on the government until a government has been set up under this charter. Section 12.09. STATUTES NOT AFFECTED BY CHARTER. All general laws and statutes of the State applicable to all cities operating under home rule charters, or applicable to cities of the same class as the City of Brooklyn Center operating under home rule charters, and not inconsistent with the provisions of this charter, shall apply to the City of Brooklyn Center, and shall be construed as supplementary to the provisions of this charter. Section 12.10. EXISTING ORDINANCES AND RESOLUTIONS CONTINUED. All ordinances, resolutions and regulations of the municipality in force when this charter takes effect, and not inconsistent with the provisions thereof, are hereby continued in full force and effect until amended or repealed. Section 12.11 PENDING CONDEMNATIONS AND ASSESSMENTS. Any condemnation or assessment proceeding in progress when this charter takes effect shall be continued and completed under the laws under which such proceedings were begun. All assessments made by the municipality prior to the time when this charter takes effect shall be collected and the lien thereof enforced in the same manner as if this charter had not been adopted. Section 12.12. ORDINANCES TO MAKE CHARTER EFFECTIVE. The Council shall by ordinance make such regulations as may be necessary to carry out and make effective the provisions of this charter. City of Brooklyn Center -27- City Charter Last revised 12/04/2008 Section 12.13. FINES AND PENALTIES. Subdivision 1. The Council shall establish by ordinance a procedure for imposing an administrative penalty for violations of the City Code or a City ordinance. The procedure shall provide that any party charged with an administrative penalty will receive notice of a violation and an opportunity to be heard by a neutral party. The procedure shall authorize the City to use the services of a third party hearing officer to decide whether an administrative penalty should be imposed. Subdivision 2. Upon passage of an administrative penalty ordinance, the City Council shall provide by ordinance that unpaid administrative penalties be collected as a special assessment against property. The ordinance shall provide that the City will first attempt to obtain voluntary payment of the penalty. The ordinance shall also provide that notice and opportunity to be heard be given to the property owner listed on the official tax records before the penalty is assessed. City of Brooklyn Center -28- City Charter Last revised 12/04/2008 APPENDIX A BROOKLYN CENTER CITY CHARTER CHRONOLOGY First published in the Brooklyn Center Post the 20th day of October 1966. Referendum vote conducted the 8th day of November 1966. Effective the 8th day of December 1966. AMENDMENTS •Chapter 2 amended by Ordinance No. 73-10 effective August 22, 1973. •Chapter 6 amended by Ordinance No. 76-12 effective November 8, 1976. •Chapters 2, 3, 4, 5, 6, 7, 11, and 12 amended by Ordinance No. 80-9 effective February 1, 1980. •Chapter 12, amended by Ordinance No. 81-5 effective August 1, 1981. •Chapters 2, 3, 5, 6, 7, 8, 9, 11, and 12 amended by Ordinance No. 84-4 effective June 6, 1984. •Chapters 2 and 4 amended by referendum vote on November 4, 1986, effective December 4, 1986. See Resolution No. 86-159. •Chapter 6 amended by Ordinance No. 88-01 effective April 10, 1988. •Chapter 7 amended by Ordinance No. 90-18 effective January 22, 1991. •Chapter 3 amended by Ordinance No. 91-04 effective August 11, 1991. •Chapter 2 amended by referendum vote on November 3, 1992, effective December 3, 1992. See Resolution No. 92-205. •Chapter 2 amended by Ordinance No. 94-13 effective December 19, 1994. •Chapter 6 amended by Ordinance No. 96-16 effective February 18, 1997. •Chapter 7 amended by Ordinance No. 2002-05 effective August 20, 2002. •Chapter 4 amended by Ordinance No. 2003-01 effective June 18, 2003. •Chapter 3 amended by Ordinance No. 2004-14 effective October 20, 2004. •Chapters 3 and 4 amended by Ordinance No. 2007-06 effective October 17, 2007. •Chapter 12 amended by referendum vote on November 4, 2008, effective December 4, 2008, See Resolution No. 2008-125. City of Brooklyn Center -29- City Charter Last revised 12/04/2008 Work Session Agenda Item No. 2 MEMORANDUM - COUNCIL WORK SESSION DATE: January 25, 2013 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Report on City's Drinking Water Recommendation: It is recommended that the City Council consider providing direction to staff regarding manganese that is present in the City's drinking water. Background: The City of Brooklyn Center's drinking water supply comes from nine groundwater wells that draw water from the Prairie du Chien-Jordan aquifer. The City's water is minimally treated including fluoride, disinfectant (chlorine and ammonium sulfate) and a corrosion inhibitor (zinc orthophosphate). The City does not treat its water to remove other types of naturally occurring elements, compounds and/or pollutants and does not treat for the hardness in the water, which is relatively high. Under strict regulations of the Environmental Protection Agency (EPA) and the Minnesota Department of Health (MDH), the "watch dogs" pertaining to our City's drinking water. the City's drinking water is rigorously and continually tested to ensure compliance with the federal and state drinking water standards. The City reports our testing results to consumers on an annual basis through the City's drinking water Consumer Confidence Report. While we have historically not exceeded the Primary Drinking Water Regulations (mandatory water quality standards for contaminants in drinking water), Brooklyn Center's water is high in manganese (Mn) concentration, which exceeds the Secondary Maximum Contaminant Levels (SMCLs). The SMCLs are a set of non-mandatory water quality standards for 15 contaminants that have been established by the EPA as a non-enforceable guideline to assist public water systems in managing their drinking water for aesthetic considerations including taste, color and odor. The SMCL for manganese is 50 ppb. These contaminants are not considered to present a risk to human health, even if they exceed the SMCL. While the EPA and MDH have certain primary and secondary drinking water standards, there are other emergent risks that are continually being studied and evaluated by government agencies, non-government agencies and scientists. Manganese is one such element. Manganese is found naturally in water, food, air and soil and is required by our bodies to maintain health. Manganese is commonly present and found in groundwater supplies throughout Minnesota (and the world for that matter) as it is an element that naturally exists in rocks and soils. However, too much manganese in the human body may be harmful. Recent guidance from MDH and other authorities and studies indicates that higher levels of manganese experienced groundwater sources may be harmful to humans, most notably' to infants. In response, the MDH has recently issued a fact sheet pertaining to manganese in drinking water and has provided guidance values pertaining to certain health risks (see attached). The MDH Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM COUNCIL WORK SESSION guidance values for infants and children/adults are 100 parts per billion (ppb) and 300 ppb. respectively. As indicated, the City of Brooklyn Center has historically experienced high levels of manganese (Mn) in its drinking water supply and has chosen to not treat at the City level the experienced aesthetic issues caused by high iron, manganese and other elements. Brooklyn Center's raw well water concentrations historically average about 350 ppb, the highest well pumping water with a concentration of about 550 ppb. While the presence and high levels of manganese in Brooklyn Center's water is not a new issue, this new information and guidance warrants immediate attention. Staff recommends that the City take action to reduce the manganese levels in the City's drinking water. Staff is currently evaluating and preparing an action plan that will consider short and long term solutions, immediate and continual public relations strategies to inform its customers, testing strategies, maintenance strategies, operation strategies and other elements that will address this now known potential health risk. Policy Issues: Does the City Council support developing an immediate action plan pertaining to manganese that is present in the City's drinking water? Council Goals: Ongoing: 5. We will ensure the City drinking water is high quality and that the storm water is properly managed Alission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MINNESOTA Health Risk Assessment Unit 625 Robert St. N, P.O. Box 64975 St. Paul, MN 55164-0975 www.health.state.mn.us MDH DEPARTMENT OF HEALTH At a Glance... Manganese is... •Found naturally in water, food, air, and soil. •Required by our bodies in small amounts to maintain health. Manganese enters your body mainly from... •Drinking water •Food including formula or breast milk (for infants) Health risks from too much manganese in drinking water... •Effects on learning and behavior for infants and young children Formula-fed infants are at greatest risk from manganese in drinking water because... •They may get too much manganese in their bodies from the drinking water used to mix formula. Manganese in Drinking Water Manganese is found in drinking water throughout Minnesota. New information suggests that too much manganese from drinking water may not be good for our health. This information sheet discusses manganese in drinking water and its possible health effects. What is manganese? Manganese is an element that occurs naturally in drinking water across Minnesota. Our bodies require small amounts of manganese to maintain health. Adults and children get enough manganese from the foods we eat. Infants and children younger than one year old get enough manganese from breast-milk, food or formula. What are the health effects from manganese? Even though our bodies need some manganese, too much manganese from drinking water may be harmful. New research shows that too much manganese in drinking water may affect learning and behavior in infants and young children. Health effects in children will not usually be obvious and have only been measured in large studies of school-aged children. Where is manganese found in Minnesota and how do I know if it is in my drinking water? Manganese is found in groundwater throughout Minnesota because it is naturally present in Minnesota rocks and soils. Levels in groundwater do not change over time. Manganese in water may stain clothing and plumbing. Public water supplies may test their water for manganese. People with private wells need to have a laboratory test their well water. Bottled water could contain manganese and should not be considered safer than tap water. The only way to know if manganese is present at levels of health concern is to test your water. •To test your water, identify a laboratory that can test for manganese visit: http://www.health.state.Mn.us/labsearch. •If you get your drinking water from a public utility, call them to find out if they have tested for manganese and whether it has been found at levels above MDH guidance values. For more information: MDH Health Risk Assessment Unit Phone: (651) 201-4827 June 2012 E-mail: health.risk@state.mn.us Manganese in Drinking Water/English Manganese in Drinking Water — Page 2 What is the MDH guidance value for manganese in drinking water? The current guidance value for manganese in drinking water is 100 parts per billion (ppb) for formula-fed infants and infants that drink tap water. The manganese guidance value for children and adults (including nursing mothers) is 300 ppb. For more information about MDH manganese guidance, visit: littp://www.health.state.mn.us/divs/eh/risk/guidance/gw/manganese.html. Why is the MDH manganese guidance value for infants different from the value for children and adults? Infants are at greater risk from manganese in drinking water than children and adults because: •their brains are developing rapidly, •they absorb more manganese and are less able to remove manganese from their bodies, and •they drink more water and eat more food based on body weight. Formula-fed infants get enough manganese from formula to meet their dietary needs. However, they may get too much manganese (above the recommended amount for nutrition) in their bodies when formula is mixed with water that contains manganese. Breast-milk is best for infants and it contains healthy amounts of manganese. According to the Institute of Medicine, breast-milk, food and formula should be the only sources of manganese for newborns and infants younger than one- year-old. How do I know if I need to filter my drinking water to remove manganese? If infants will be regularly drinking formula mixed with tap water or plain tap water, use a filter if manganese is detected above 100 ppb. If only children and adults will be drinking tap water, filter the water if manganese is detected above 300 ppb. Carbon filters (that may also contain an ion exchange resin) used in common pitcher or faucet filter systems (found at grocery and home stores) can remove approximately 50 percent of manganese from drinking water. To identify a filter that may remove more manganese from water, visit: http://www.health.state.mmus/divs/elYwater/factsheet/corn/pou.html. Manganese in drinking water is safe for everyone if... •The level of manganese is lower than 100 ppb. You can reduce manganese in your drinking water by... •Testing your drinking water to find out how much manganese it contains. •Filtering your drinking water using a proper filter. You can get more information about manganese at ... •MDH manganese water guidance: http://www.health.state.mn.us/ divs/eh/risk/guidance/gw/man ganese.html •Find a lab to test your water for manganese: http://www.health.state.mn.us/ labsearch •Find a filter: http://www.health.state.mn.us/ divs/eh/water/factsheet/com/ nou.html For more information: MDH Health Risk Assessment Unit Phone: (651) 201-4827 E-mail: health.risk@state.mmus June 2012 Manganese in Drinking Water/English Figure 2. Manganese concentrations in source water collected from 1953 location-verified drinking water supply wells completed in the Qttaternary buried artesian aquifer (QBAA or QBUA). Aquifers as determined by County Well Index. Geology by MGS. Figure 3. Manganese concentrations in source water from 1085 location-verified drinking water supply wells completed in Paleozoic bedrock aquifers. Aquifers as determined by County Well Index. Geology by MGS. 0 20 40 80 120 160 Miles County Des Moines Lobe Older tills Water Manganese, ug/L <50.0 50.1 - 100.0 100.1 -300.0 300.1 - 1000.11 >1000 I I Figure I. Manganese concentrations in source water collected from 3802 location-verified drinking water supply wells. Geology by Minnesota Geological Survey (MGS). Figure 4. Probability of manganese greater than 100 ug/L in Minnesota groundwater. Spatial correlation. Manganese concentrations were converted to indicator values ("1" or "0"), 5099'06% 60% • 705X. allowing data analysis to be &PS independent of the frequency 3054.06% distribution, and averages to m0004.100%represent probabilities of costs esti ceeding the threshold. This Aocedure deterniined a strong spatial correlation, with a range (1,500 meters) similar in scale to glacial sand aquifer thickness and hydraulic conductivity. tobability of Mn >100 ppb 534.50'S urA.• 2056 25114.20% 3054 - SO% 4554-04% 0 120 22J0 1,55 Conclusions and Recommendations This initial assessment provides large-scale context on the problem of manganese in Minnesota groundwater, and supports the following conclusions: •Manganese distribution is highly variable but there are areas where concentrations are consistently less than 50 ug/L (southeastem Minnesota) or greater than 1,000 ug/L (southwestern Minnesota). The southwestern area of elevated concentrations roughly corresponds to the western flank and interior of the Des Moines Lobe till. •Manganese concentrations in plastic-cased wells were twice those in steel-cased wells, consistent with a manganese-removal mechanism specific to steel-cased wells. •For wells completed in water table settings, no correlation was determined between manganese concentration and screen placement below static water level. •The manganese data were strongly spatially correlated. The best strategy for increasing our understanding of manganese in groundwater will be continued analysis of existing data combined with targeted geochemical assessments over restricted areas of interest where geology and hydrogeology are well-constrained. Agnifee 5, Min Ilms _ thleatenra) finned AD.. (-rearm. uS 04 3249 73 232 554 Palneenie 11100 0 2030 32 94 53 .511 .4399 0 5910 53 244 950 MDH Preliminary Assessment of Naturally-Occurring Manganese in Minnesota Groundwater James Lundy and Richard Soule, Minnesota Department of Health, October 2012 Abstract Interest in naturally-occurring manganese as a chemical component of groundwater and drinking water is increasing. The United States Environmental Protection Agency (USEPA) National Secondary Drinking Water Regulations (NSDWR) standard for manganese is 50 ug/L, and the Minnesota Department of Health (MDH) Health Risk Limit (HRL) is 100 ug/L. Because of concerns related to source water used in infant formula, MDH may soon apply these drinking water quality standards more widely than in the past. The MDH Source Water Protection (SWP) program prepared a summary of the natural distribution of manganese in Minnesota groundwater, using data from various federal, state, and county sources. The statewide distribution of 4339 data points (Figure I) had a log-normal frequency distribution, a median of 93 ug/L, and was strongly spatially correlated. The highest concentrations occurred in southwestern Minnesota and the lowest in southeastern Minnesota. Quatemary water table and buried artesian aquifer settings had the greatest median concentrations (155 and 160 ug/L, respectively), and the Paleozoic bedrock aquifers had the least (32 ug/L). Concentrations at 2123 wells (48.9%) exceeded the HRL. Buried artesian aquifer settings had the greatest percentage of wells exceeding the 11RL (63.0%) and the Paleozoic bedrock aquifer had the least (24.3%). Median concentrations in plastic-cased wells were twice those in metal-cased wells, suggesting that' casing material may affect concentration. Hydrogeologic setting and factors related to well constniction may also influence concentration. Several sampling efforts including manganese are in the planning stages or underway, ensuring that the manganese dataset continues to grow. Background Geochemical properties of manganese and iron are often considered together, though there are important differences (Hem, 2005). Manganese is much less abundant than iron in the earth's crust, but still widely distributed in rocks and soil. Manganese is much slower to precipitate than iron. Groundwater containing more manganese than iron is uncommon.Manganese commonly occurs in the Mif` (reduced) form, less commonly as Mri14 (the Mr(' ion is uncommon in water). These manganese ions strongly adsorb to metallic cations, fonning coatings on mineral surfaces. Description of Manganese in Groundwater The data (Table 1) define a skewed, log-normal frequency distribution, with concentrations ranging from below detection to 5,040 ug/L. Water table and buried artesian aquifer settings have the greatest median manganese concentrations, and the Paleozoic bedrock aquifers have the least. Manganese concentrations at 2,667 wells (Table 2) exceeded the MCL, and samples at 2,123 wells exceeded the EIRE. Buried artesian aquifer settings had the greatest percentage of wells exceeding the HRL (63.0%) and the Paleozoic bedrock aquifer had the least (24.3%). Figures 2 and 3 show the spatial distribution of available manganese data for Quaternary buried artesian and Paleozoic bedrock aquifers. Manganese concentrations exceed 100 ug/L in 63% of wells in buried artesian aquifer settings. A belt of approximately 100 wells with concentrations greater than 1000 ug/L occurs in southwestem Minnesota. In Paleozoic bedrock aquifers, concentrations are generally less than 100 ug/L. Wells with the highest concentrations occur along the westem Paleozoic boundary, near the likely regional recharge zone. Manganese and casing material. Manganese concentrations were higher in plastic-cased wells than in metal-cased wells. It is unlikely that plastic casing causes higher manganese concentrations. However, it is possible that metal casing promotes scavenging of manganese as water passes through the screen. In this case the scavenged manganese may precipitate on well components as scale. Manganese and unconfined hydraulic conditions. Oxygenated conditions were expected to produce low manganese concentrations. Higher manganese concentrations were expected to occur in deeper wells screened in the anoxic part of the water table aquifer. However, a plot of manganese concentration versus distance between the top of the screen and water table showed no obvious correlation. References Emig. Alivon L. Andrei, I , mad Stalk. Jam, It. (1993). 11,95grenar asimemmat Ef part :{70 • 211,0,51,0 Hann _110000a r0.111,0010,-(70,0,10- 000,. In 11 1-ra0, Ch0-Jcn10.11.,,a0. 1905. liSGS Water-Reagan-cm hive:ligation.; Revert 994240 35pp. Hem. 145,0 . 120053 Smay anioneigrmailon the (0:00,1 r h.,00000 maw, USGS Prcfes,imal Paper 1473 (rmint.1 from 1970 elitionl. 363 ,. Lively. 5454<3 9.. Jmnetro. Roy, Mevander, EC_ ar.. 9,0 54,06; U13. (19924 RII91117.2 tI0111, 9199s,,9f,,'45,99 agrafer. 0,4'03,004 9d99991003909.194000'99. 50005444 Geological Sunmy Inanimation Cimular 36,59, Richard. (19974 Ebriummir 1179 ,993 rraals ,,,.119059., 0,M190101 no ter ,vpho, .4,0,0 C000. Al 00,0, Ana. Camay Comm Health mid Env Sent Dept , 50 pp. NIDH (blercing 5,11E1. Small-Johnson, S Durbin, bl. Saliabory (nee Ericlnen), L Smeller. J. Can.. ha Ilater). December 2001. De Miarle5013.ArSaliC Sindy (MARS,: Furl Report to Agenq ha Tonic Sulananem and Diveme Rep-M2 1479004 511211. (20114 Cu.)' index (CID) dnahme of .5,11 mertructirn and genlopc dila data armload. Draccinher 2011. b11311. 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