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HomeMy WebLinkAbout2014 01-13 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION January 13, 2014 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1.City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center January 13, 2014 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. —Pastor Rachel Mciver Morey, Brooklyn Mosaic United Methodist Church 3.Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4.Roll Call 5.Pledge of Allegiance 6.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1.December 9, 2013 — Study Session 2.December 9, 2013 — Regular Session 3. December 18, 2013 — Executive Session b. Licenses c.Resolution Designating Official Newspaper d.Resolution Designating Depositories of City Funds e. Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Five Cities Senior Transportation Project, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, Project Peace, Twin Lakes Joint Powers Organization, and Minneapolis Northwest Convention & Visitors Bureau CITY COUNCIL AGENDA -2- January 13, 2014 f.Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees g.Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations h.Resolution Granting Corporate Authority for Signing of Checks and Transaction of Financial Business Matters i.Resolution Calling for a Public Hearing Regarding Proposed Use of 2014 Urban Hennepin County Community Development Block Grant Funds j.Resolution Approving Final Plat for SHINGLE CREEK CROSSING 4 TH ADDITION k.Resolution Approving the Contract for International Union of Operating Engineers (IU0E) Local 49 (Public Works Maintenance) and the City of Brooklyn Center for the Calendar Year 2014 1. Resolution Establishing a Sister City Relationship Between the City of Brooklyn Center, Hennepin County, United States of America, and the City of Voinjama, Lofa County, Republic of Liberia 7. Presentations/Proclamations/Recognitions/Donations a.Resolution Expressing Recognition and Appreciation of Anissa Hollingshead for Her Dedicated Public Service on the Financial Commission Requested Council Action: —Motion to adopt resolution. b.Resolution Expressing Recognition and Appreciation of Michael Parks for His Dedicated Public Service on the Planning Commission Requested Council Action: —Motion to adopt resolution. c. Resolution Expressing Recognition and Appreciation of Mike Schlosser for Over 29 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: —Motion to adopt resolution. 8. Public Hearings a. Wangstad Area Improvements —This item was published in the official newspaper on December 26, 2013; and is offered this evening for Public Hearing. CITY COUNCIL AGENDA -3- January 13, 2014 1. Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2014-01, 02, 03 and 04, Wangstad Area Street, Storm Drainage and Utility Improvements Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 2. Resolution Certifying Special Assessments for Improvement Project Nos. 2014-01 and 2014-02, Wangstad Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. b. An Ordinance Vacating Part of the Street Easement (James Circle North) at 6405 and 6415 James Circle North, in Registered Land Survey Number 1482 (Denny's Restaurant and Days Inn Hotel) —This item was first read on November 25, 2013; published in the official newspaper on December 5, 2013; and is offered this evening for Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt ordinance. c. Resolution Vacating Certain Easements within Lot 5, Block 1, SHINGLE CREEK CROSSING and Lot 2, Block 1, SHINGLE CREEK CROSSING 3 RD ADDITION, Hennepin County, Minnesota —This item was published in the official newspaper on December 26, 2013; and is offered this evening for Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 9.Planning Commission Items —None. 10.Council Consideration Items a. Select Presiding Officers — Mayor Pro Tem and Acting Mayor Pro Tem Requested Council Action: —Council discuss and select presiding officers. CITY COUNCIL AGENDA -4- January 13, 2014 b.Resolution Declaring Commitment to the Brooklyn Center City Charter Requested Council Action: —Motion to adopt resolution. c.Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representative/Voting Delegates for Other Organizations for 2014 Requested Council Action: —Motion to ratify Mayoral appointments. d. Mayoral Reappointments to City Advisory Commissions Requested Council Action: —Motion to ratify Mayoral appointments. e. Tobacco Sampling 1. An Ordinance Prohibiting Sampling in Tobacco Products Shops; Adding New Brooklyn Center City Code, Section 23-110 Requested Council Action: —Motion to approve first reading and set second reading and Public Hearing for February 10, 2014 2. Resolution Establishing a Moratorium on Establishment of Tobacco Products Shops Requested Council Action: —Motion to adopt resolution. f.Resolution Adopting Capital Project Funding Policy Requested Council Action: —Motion to adopt resolution. g.Resolution Transferring Funds to the Capital Projects Fund Requested Council Action: —Motion to adopt resolution. h. Consideration of Type IV 6-Month Provisional Rental License for 6906 Newton Avenue North 1. Resolution Approving a Type IV Rental License for 6906 Newton Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. 11.Council Report 12.Adjournment City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION DECEMBER 9, 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 6:20 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 Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan asked, with regard to Regular Session Agenda Items 6d and 6e, Consent Agenda, Wangstad Area Street and Storm Drainage Improvements, if staff intended to conduct a study to determine whether the desired functionality has been achieved. He added residents have expressed their concern to him that the areas with width reductions will be difficult for snow plows to maneuver. He noted the design characteristics are similar to those at the lower part of June Avenue N. from Bass Lake Road north to the 2014 project area. Public Works Director/City Engineer Steve Lillehaug stated the City has not collected data that would show the effect of design modifications on Dupont Avenue N. Councilmember Ryan stated that one resident, a former City employee, has noted that the Dupont Avenue N. modification makes it difficult for snow plows to maneuver and there could be a wear-and-tear factor. He added he would like to hear more about this issue from staff Mr. Lillehaug stated other areas besides Dupont Avenue have had width reductions. He agreed it takes a little more effort to plow around the curbs, but the plow operators are experienced and know their routes, and the modifications have resulted in a reduction in traffic speed. He agreed that it would be beneficial to have traffic counts. Mayor Willson stated, in his opinion, the modifications are having a positive effect, and he has noticed that it causes him to stop and think when he drives through the area. 12/9/13 -1- DRAFT Councilmember Lawrence-Anderson asked, with regard to Consent Agenda Item 6b, Licenses, whether the four tobacco-related products licenses were new or existing licenses. Mr. Boganey stated they are all renewal licenses. Councilmember Myszkowski requested the following changes in the Regular Session minutes of November 25, 2013: -Page 1, Item 2, "Invocation," replace "in memory of' with "recognizing the tragic accident in which". -Page 8, Item 11, "Council Report," 11th line from bottom, replace "SEAT" with "CEAP" Mr. Boganey reviewed an application for liquor license received by City staff from Mr. Mohamed Shambolia, owner/proprietor of Mr. BBQ, 2101 Freeway Boulevard. He stated the application has several deficiencies, but the applicant asked that staff request the City Council's consideration of this application before the end of the year. He noted the primary deficiencies related to the application are the restaurant's CPA certification, which was not completed by a qualified authority; and past due/delinquent taxes. Mayor Willson stated he met with the owner and his attorney within the last month, and delinquent taxes were an issue at that time. He added he advised the owner that the tax situation would need to be resolved before his license would be renewed. Mr. Boganey stated the restaurant is also delinquent on City utilities. Mayor Willson stated that the owner indicated he had a payment plan in place with the County. Mr. Boganey stated the City Attorney has advised that an agreement with the County is not sufficient to meet the letter of the City ordinance pertaining to licensure. He added the City Council could direct staff to send a letter to the applicant indicating reasons for denial of a license, or add it to tonight's agenda with a recommendation of denial as the application is not complete. Mayor Willson stated he would prefer to let the applicant know that the City Council will not consider an incomplete application, rather than put it on the agenda. City Attorney Charlie LeFevere agreed, adding there are further grounds for non-renewal that are still being compiled by staff, and a hearing will be necessary in any case. It was the consensus of the City Council that the license application for Mr. BBQ would not be considered at tonight's meeting, and that staff would be directed to work with the applicant in an attempt to complete the application. MISCELLANEOUS Review of "Vaping" Lounges Regulatory Issues Councilmember Lawrence-Anderson stated she met with Emily Anderson of the Association of Non-Smokers of Minnesota, along with Councilmember Myszkowski and Officer Kris Knodle, to review the issue of "vaping," or non-smoking cigarettes, and vaping lounges. She added Ms. Anderson provided very valuable information regarding this alarming trend, which is targeted at 12/9/13 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 9, 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, Finance Director Nate Reinhardt, Business and Development Director Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to re-open the informal open forum at 6:55 p.m. Motion passed unanimously. Kurt Robinson, 607 NE County Road 10, Blaine, stated he is an attorney representing Mr. Mohamed Shambolia, owner/proprietor of Mr. BBQ, 2101 Freeway Boulevard, who has applied for a renewal liquor license for his establishment. He added that his client has received correspondence from the City Clerk that his application has been recommended for denial for reasons that appear to be without merit. He noted that his client is requesting a hearing on the application if it is denied, but he is unsure of the process and has not had a chance to review the City ordinance. 12/09/13 -1- DRAFT Mayor Willson stated the informal open forum is generally not used for public hearing purposes. He added the application, which was discussed during the City Council's study session, is incomplete as there is an issue of delinquent taxes and City utility fees. He noted this is clearly spelled out in the license ordinance, and consideration of this application will not occur at tonight's meeting. Mr. Shambolia stated he has been dealing with the City Clerk for the past few months, and he understood that overdue taxes are the only outstanding issue, and he has arranged a payment plan with the County. Mayor Willson stated the application will not be considered until the outstanding taxes and fees are paid in full. He advised Mr. Robinson to discuss the process with his client with regard to this application and the City ordinance pertaining to licenses. Mr. LeFevere confirmed Mayor Willson's assessment and added that the City Council has the jurisdiction to interpret the ordinance as they see fit. He added, in his legal opinion, having a plan to pay taxes is not the same as having paid taxes. Mayor Willson recessed the Informal Open Forum at 7:00 p.m. 2.INVOCATION The invocation was given by former Mayor Myrna Kragness Kauth. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:09 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, Public Works Director/City Engineer Steve Lillehaug, Finance Director Nate Reinhardt, Director of Community Activities, Recreation and Services Jim Glasoe, Business and Development Director Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA 12/09/13 -2- DRAFT Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Regular Session minutes of November, 25, 2013, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.November 25, 2013 — Study Session 2.November 25, 2013 — Regular Session 3.November 25, 2013 — Work Session 4.December 2, 2013 — 2014 Budget Hearing 6b. LICENSES FIREWORKS - PERMANENT Diamond Lake 1994 LLC dba Cub Foods 3245 County Road 10 GASOLINE SERVICE STATION Awad Company Bassil Company Brookdale Holiday Qwest Communications dba Century Link 6501 Humboldt Avenue N. 1505 69th Avenue N. 5710 Xerxes Avenue N. 6540 Shingle Creek Parkway LIQUOR — CLASS A ON-SALE INTOXICATING AND SUNDAY Apple Minnesota LLC dba Applebee's Neighborhood Grill & Bar 1400 Shingle Creek Crossing Crescent Hotels & Resorts LLC dba Minneapolis Boulevard Hotel 2200 Freeway Boulevard LIQUOR — CLASS B ON-SALE INTOXICATING AND SUNDAY Brooklyn Hotel Partners LLC dba Embassy Suites 6300 Earle Brown Drive LIQUOR — CLASS C ON-SALE INTOXICATING AND SUNDAY AMP Bowling Centers Inc. dba AMF Earle Brown Lanes 6440 James Circle N. LIQUOR — CLASS D ON-SALE INTOXICATING, SUNDAY, AND 2 AM Jammin Wings LLC dba Jammin Wings 2590 Freeway Boulevard LIQUOR — CLASS F ON-SALE INTOXICATING AND SUNDAY Flik International Corp. dba Earle Brown Heritage Center 6155 Earle Brown Drive LIQUOR — ON-SALE CLUB INTOXICATING AND SUNDAY Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard 12/09/13 -3- DRAFT LIQUOR — ON-SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIQUOR Brooklyn Center Restaurant Inc. dba 50's Grill 5524 Brooklyn Boulevard Great India Inc. dba Great India 6056 Shingle Creek Parkway LIQUOR — ON-SALE 3.2 PERCENT MALT LIQUOR Centerbrook Golf Course and Central Park 6301 Shingle Creek Parkway Davanni's Pizza & Hot Hoagies 5937 Summit Drive LIQUOR — OFF-SALE 3.2 PERCENT MALT LIQUOR Awad Company dba Winner 6501 Humboldt Avenue N. Bassil Co. dba Marathon 1505 69th Avenue N. Diamond Lake 19944 LLC dba Cub Foods — Brookdale 3245 County Road 10 Leng Ku dba Sun Foods 6350 Brooklyn Boulevard Northern Tier Retail LLC 6950 Brooklyn Boulevard 6545 West River Road 1901 57th Avenue N. • 1200 Shingle Creek Crossing dba SuperAmerica #3192 Northern Tier Retail LLC dba SuperAmerica #4160 Northern Tier Retail LLC dba SuperAmerica #4058 Wal-Mart Stores Inc. dba Walmart BREWER TAPROOM Surly Brewing Company MECHANICAL 7 Metro Heating and AC DDR Mechanical, LLC Heating & Cooling Two, Inc. RENTAL INITIAL (TYPE II— two-year license) 3305 53 rd Avenue N., Lake Pointe Apts. Passed w/ Weather Deferral 2100 54 th Avenue N. 6830 Scott Avenue N. RENEWAL (TYPE — one-year license) 6401 Scott Avenue N. Missing security assessment RENEWAL (TYPE — two-year license) 4811 Dusharme Drive 609 150th Avenue NE, Ham Lake 8640 5th Avenue S, Bloomington 18550 Co. Road 81, Maple Grove James Soderberg Tom Vang Natan Zadik Glenn and Mary Berscheit 12/09/13 -4- DRAFT 5347-49 Penn Avenue N. 3349 49 th Avenue N. 6823 Fremont Place N. 5739 James Avenue N. RENEWAL (TYPE I— three-year license) 4101 70 th Avenue N. 5524 Dupont Avenue N. 6800 Fremont Place N. 5706 James Avenue N. 7024 Morgan Avenue N. 4912 Zenith Avenue N. TOBACCO RELATED PRODUCT Awad Company Bassil Company Brookdale Holiday Sun Foods Karen Pelak Isaac Obi Duane Carter Doug Wahl Paul Pham Nicholas Manthey Sharon McGary Yue Liu McClure Properties LLC Frank Jin and Emily Zhao 6501 Humboldt Avenue N. 1505 69 th Avenue N. 5710 Xerxes Avenue N. 6350 Brooklyn Boulevard 6c.RESOLUTION NO. 2013-147 SETTING SALARIES FOR CALENDAR YEAR 2014 6d.RESOLUTION NO. 2013-148 DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2014-01 AND 02, WANGSTAD AREA STREET AND STORM DRAINAGE IMPROVEMENTS 6e. RESOLUTION NO. 2013-149 ACCEPTING A FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2014-01, 02, 03 AND 04, WANGSTAD AREA STREET AND UTILITY IMPROVEMENTS 61. RESOLUTION NO. 2013-150 AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT, PROJECT NO. 2014-05, WATER TREATMENT PLANT PROJECT 6g.APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASE FOR 6901 BROOKLYN BOULEVARD (SLIM'S PIZZA) 6h.RELEASE OF THE SITE PERFORMANCE GUARANTEE BOND AND ESCROWED FUNDS IN CONJUNCTION WITH THE NORTHWEST FAMILY SERVICE CENTER/CEAP PROJECT AT 7051 BROOKLYN BOULEVARD (REF: PLANNING COMMISSION APPLICATION NOS. 2004-012 AND 2010-006) 12/09/13 -5- DRAFT 6i.RESOLUTION NO. 2013-151 AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN CENTER LIONS CLUB TO CONDUCT LAWFUL GAMBLING AT JAMMIN WINGS, 2590 FREEWAY BOULEVARD, BROOKLYN CENTER 6j.RELEASE OF THE $30,000 PERFORMANCE GUARANTEE FOR THE TWIN LAKES IV PROJECT, 4001 LAKEBREEZE AVENUE (REF: PLANNING COMMISSION APPLICATION NO. 2012-002) 6k. RESOLUTION NO. 2013-152 GRANTING CORPORATE AUTHORITY FOR SIGNING OF CHECKS AND TRANSACTION OF FINANCIAL BUSINESS MATTERS Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2013-153 RECOGNIZING AND EXPRESSING APPRECIATION OF THE LUTHER COMPANY, LLLP FOR ITS DONATION TO THE CENTENNIAL CIVIC AND VETERANS MEMORIAL AMPHITHEATER Mr. Boganey introduced Director of Community Activities, Recreation and Services Jim Glasoe and invited him to address the City Council. Mr. Glasoe reviewed this item, and expressed his excitement and gratitude regarding this special recognition to be given to Luther Company, LLLP. He stated that in 2010 a group of dedicated citizens, along with City staff, began planning the City's 100 th anniversary celebration. He added this Centennial Committee's secondary goal was the "Legacy Project," which included renaming Central Park to Centennial Park and constructing an Amphitheater there. Mr. Glasoe stated a generous donation from the project architects, Blumentals Architecture, was received, and a project cost of $335,000 was established. He added it was a daunting task, but the Fundraising Task Force attacked it with vigor and, including this donation from Luther Company LLLP, has raised more than $327,000. He introduced Dr. Duane Orn, Fundraising Task Force Chairperson. Dr. Orn expressed his pleasure at appearing before the City Council. He added this significant major gift from Luther Company, LLLP guarantees the construction of the Civic and Veterans Centennial Amphitheater, a project that will honor the community's past 100 years, and will be projected to honor the next 100 years. Dr. Orn stated the fundraising task force has worked diligently since February 27, 2012, and has now reached the monetary goal without the use of any taxpayer money. He added the amphitheater will be a venue for the culturally diverse community and a memorial to all who have contributed to making the City and the country a great place to live. He noted his support of an expression of the City Council's profound thanks and gratitude for the generous 12/09/13 -6- DRAFT contribution. Dr. Orn stated the fundraising task force intends to present a financial status report in March 2014, when figures become more solvent. Dr. Orn introduced members of the fundraising task force: Myrna Kragness Kauth, Sharon Kephart, Sue Low, and Earl Simons. He added the late Phil Cohen, former mayor and civic leader in Brooklyn Center, was an instrumental member of the fundraising task force. He noted task force member Brett Hildreth was not able to attend the meeting. Mayor Willson expressed thanks and recognition on behalf of the City Council for the task force's hard work. Mayor Willson recognized and thanked representatives of the Luther organization who were in attendance: Linda McGinty, Director of Real Estate and Development; Barbara Hilbert, CFO; and Matt Holmquist, Community Coordinator. He asked that the Luther representatives convey the City's thanks and appreciation to Mr. David Luther. Mr. Glasoe stated staff recommends adoption of this resolution, expressing the City's appreciation to Luther Company, LLLP for its contribution. Mayor Willson read the resolution in its entirety. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adoption of RESOLUTION NO. 2013-153 Recognizing and Expressing Appreciation of the Luther Company, LLLP for its Donation to the Centennial Civic and Veterans Memorial Amphitheater. Motion passed unanimously. Councilmember Myszkowski expressed her appreciation and gratitude to Luther Company, LLLP for their commitment to Brooklyn Center, which has helped to stabilize the community through many ups and downs. She added a better corporate neighbor could not be found than Luther Company, LLLP. Councilmember Lawrence-Anderson stated she feels very emotional, and proud of the City's corporate neighbors. She added she is thrilled that the company's representatives were present for this special occasion. She thanked Luther Company, LLLP for their generosity. Councilmember Kleven stated she would like to thank Luther Company, LLLP from her heart, and added her gratitude to that of her fellow Council Members. 8.PUBLIC HEARINGS — None. 9.PLANNING COMMISSION ITEMS — None. 10. COUNCIL CONSIDERATION ITEMS 12/09/13 -7- DRAFT 10a.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6330 KYLE AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Kleven moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6330 Kyle Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10b.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 4900 ZENITH AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 4900 Zenith Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10c. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 3141 49 TH AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 3141 49 th Avenue North was inspected and 14 property code violations were cited and ultimately corrected. There have been no 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 and all applicable ordinances. Mayor Willson commended staff for working with applicants in an effort to complete the application process in a timely manner to prevent the issuance of a citation. Councilmember Myszkowski moved and Councilmember Kleven seconded to open the hearing. 12/09/13 -8- DRAFT Motion passed unanimously. Manoj Moorjani, Urban Homes LLC, stated he is the property owner. He introduced Dennis Mejia, the property manager. He stated he wishes to be in full compliance with the requirements of the City of Brooklyn Center. He added he owns multiple rental properties in the City of Minneapolis, and the regulations are different. He expressed his frustration with the re- inspection process, as he was fined $100 before he had the chance to comply with the ordinance. Mayor Willson stated the $100 citation was related to the absence of the applicant at the time of the scheduled inspection. He added regulations regarding rental licenses in Brooklyn Center are consistent with City ordinance, to ensure that every rental property is livable and safe. Mr. Boganey stated the City of Brooklyn Center takes a different approach to rental licenses, and rental properties must be maintained at a high level at all times. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the hearing. Motion passed unanimously. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 3141 49 th Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10d.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5748 HUMBOLDT AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5748 Humboldt Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10e.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 4006 JANET LANE Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a 12/09/13 -9- DRAFT motion. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 4006 Janet Lane, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10f.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5929 LYNDALE AVENUE NORTH Ms. Schleuning advised that 5929 Lyndale Avenue North was inspected and 10 property code violations were cited and ultimately corrected. There has been one (1) validated police incident/nuisance call 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 and all applicable ordinances. Councilmember Kleven moved and Councilmember Ryan seconded to open the hearing. Jean Darnell, accompanied by her husband Rick, 1348 Alton Road, New Brighton, stated they are the owners and former residents of the home at 5929 Lyndale Avenue North. She added this was the first time they had heard about the police call at the home. She noted they usually receive notice from the City regarding police calls. Ms. Darnell stated that she and her husband intend to fully comply with City processes and regulations, and their presence at the meeting is their commitment to such compliance. Councilmember Lawrence-Anderson moved and Councilmember Lawrence-Anderson 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 5929 Lyndale Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10g.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6718 PERRY AVENUE NORTH 12/09/13 -10- DRAFT Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6718 Perry Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10h.CONSIDERATION OF TYPE IV 6-MONT11 PROVISIONAL RENTAL LICENSE FOR 5900 WASHBURN AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. 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 5900 Washburn Avenue North, with the requirement that the mitigation plan and all applicable ordinances 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 5912 WASHBURN AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5912 Washburn Avenue North, with the requirement that the mitigation plan and all applicable ordinances 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 3401-3413 47 TH AVENUE NORTH, RYAN LAKE APARTMENTS Ms. Schleuning advised that 3401-3413 47 th Avenue North, Ryan Lake Apartments was inspected and 3.18 property code violations per unit (22 units) were cited and ultimately corrected. There has been one (1) validated police incident/nuisance call within the last 12 months. This property qualifies for a Type IV six-month provisional rental license based on the 12/09/13 -11- DRAFT 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 and all applicable ordinances. Ms. Schleuning stated the apartment building is in receivership and currently being managed by Steven Scott Management. She added staff recommends approval of this license application. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to open the public hearing. Motion passed unanimously. Denise Yanessa, 3000 South Highway 100, St. Louis Park, representing Steven Scott Management, stated she would be happy to answer questions from the City Council. There were no questions for Ms. Yanessa. Councilmember Kleven moved and Councilmember Myszkowski seconded to close the public hearing. Motion passed unanimously. 1. RESOLUTION NO. 2013-154 APPROVING A TYPE IV RENTAL LICENSE FOR 3401-3413 47 TH AVENUE NORTH, RYAN LAKE APARTMENTS Councilmember Myszkowski moved and Councilmember Ryan seconded ado -ption of RESOLUTION NO. 2013-154 Approving a Type IV Rental License for 3401-3413 47" Avenue North, Ryan Lake Apartments, with the requirement that the mitigation plan and all applicable ordinances 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 7015 BROOKLYN BOULEVARD, WILLOW LANE APARTMENTS Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. 1. RESOLUTION NO. 2013-155 APPROVING A TYPE IV RENTAL LICENSE FOR 7015 BROOKLYN BOULEVARD, WILLOW LANE APARTMENTS 12/09/13 -12- DRAFT Councilmember Kleven moved and Councilmember Myszkowski seconded adoption of RESOLUTION NO. 2013-155, Approving a Type IV Rental License for 7015 Brooklyn Boulevard, Willow Lane Apartments, with the requirement that the mitigation plan and all applicable ordinances 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 1304 68 th LANE NORTH, WILLOW LANE APARTMENTS Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. 1. RESOLUTION NO. 2013-156 APPROVING A TYPE IV RENTAL LICENSE FOR 1304 68 TH LANE NORTH Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adoption of RESOLUTION NO. 2013-156, Approving a Type IV Rental License for 1304 68 th Lane North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. • 10m. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6012 YORK AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. 1. RESOLUTION NO. 2013-157 APPROVING A TYPE IV RENTAL LICENSE FOR 6012 YORK AVENUE NORTH Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded adoption of RESOLUTION NO. 2013-157, Approving a Type IV Rental License for 6012 York Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10n. CONSIDERATION OF 2014 BUDGET Mr. Boganey introduced Finance Director Nate Reinhardt and invited him to address the City Council. Mr. Reinhardt presented the general operating fund budget for Fiscal Year 2014 for the 12/09/13 -13- DRAFT Council's consideration and adoption. He noted the City Manager worked closely with the City Council and staff to provide a balanced budget consistent with the City's goals and objectives. Mr. Reinhard i reviewed the City's strategic priorities related to the 2014 budget plans: community engagement, focused redevelopment, community image, financial stability, and vibrant neighborhoods. Mayor Willson requested clarification regarding the revenue stream for the Amphitheater. Mr. Reinhardt stated the majority of that funding is identified as private donations. Mayor Willson stressed the importance of raising public awareness of the efforts of the fundraising committee, and that no tax dollars will be used for the project. Mr. Reinhardt stated staff recommends the Council's adoption of items related to the 2014 budget. 1.CITY MANAGER'S BUDGET TRANSMITTAL LETTER FOR 2014 FISCAL YEAR Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to accept the City Manager's Budget Transmittal Letter for 2014 Fiscal Year. Motion passed unanimously. 2.RESOLUTION NO. 2013-158 APPROVING FINAL TAX CAPACITY LEVIES FOR THE GENERAL FUND AND HOUSING AND REDEVELOPMENT AUTHORITY AND MARKET VALUE TAX LEVY FOR THE DEBT SERVICE FUND FOR PROPERTY TAXES PAYABLE IN 2014 Councilmember Ryan moved and Councilmember Myszkowski seconded adoption of RESOLUTION NO. 2013-158 Approving Final Tax Capacity Levies for the General Fund and Housing And Redevelopment Authority and Market Value Tax Levy for the Debt Service Fund for Property Taxes Payable in 2014. Motion passed unanimously. 3. RESOLUTION NO. 2013-159 ESTABLISHING A FINAL PROPERTY TAX LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICES AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES CHAPTER 469.033 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2014 Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded adoption of RESOLUTION NO. 2013-159 Establishing a Final Property Tax Levy for the 12/09/13 -14- DRAFT Purpose of Defraying the Cost of Operation, Providing Informational Services and Relocation Assistance Pursuant to the Provisions of Minnesota Statutes Chapter 469.033 for the City of Brooklyn Center Housing and Redevelopment Authority for Fiscal Year 2014. Motion passed unanimously. 4.RESOLUTION NO. 2013-160 ADOPTING THE 2014 GENERAL FUND BUDGET Councilmember Lawrence-Anderson moved and Councilmember Kleven seconded adoption of RESOLUTION NO. 2013-160 Adopting the 2014 General Fund Budget. Motion passed unanimously. 5.RESOLUTION NO. 2013-161 ADOPTING THE 2014 SPECIAL REVENUE FUND BUDGETS Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adoption of RESOLUTION NO. 2013-161 Adopting the 2014 Special Revenue Fund Budgets. Motion passed unanimously. 6.RESOLUTION NO. 2013-162 ADOPTING THE 2014 DEBT SERVICE FUND BUDGETS Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded adoption of RESOLUTION NO. 2013-162 Adopting the 2014 Debt Service Fund Budgets. Motion passed unanimously. 7.RESOLUTION NO. 2013-163 ADOPTING THE 2014 CAPITAL PROJECT FUND BUDGETS Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded adoption of RESOLUTION NO. 2013-163 Adopting the 2014 Capital Project Fund Budgets. Motion passed unanimously. 8. RESOLUTION NO. 2013-164 ADOPTING THE 2014 ENTERPRISE FUND BUDGETS Councilmember Ryan moved and Councilmember Myszkowski seconded adoption of RESOLUTION NO. 2013-164 Adopting the 2014 Enterprise Fund Budgets. Motion passed unanimously. 12/09/13 -15- DRAFT 9.RESOLUTION NO. 2013-165 ADOPTING THE 2014 PUBLIC UTILITY FUND BUDGETS Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded adoption of RESOLUTION NO. 2013-165 Adopting the 2014 Public Utility Fund Budgets. Motion passed unanimously. 10.RESOLUTION NO. 2013-166 ADOPTING THE 2014 INTERNAL SERVICE FUND BUDGETS Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded adoption of RESOLUTION NO. 2013-166 Adopting the 2014 Internal Service Fund Budgets. Motion passed unanimously. 11. RESOLUTION NO. 2013-167 ADOPTING THE 2014-2028 CAPITAL IMPROVEMENT PROGRAM Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded adoption of RESOLUTION NO. 2013-167 Adopting the 2014-2028 Capital Improvement Program. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: •November 26, 2013, Multicultural Advisory Committee meeting at City Hall hosted by the Police Department •December 2, 2013, City Council Budget Hearing •December 4, 2013, Neighborhood Watch Captain Appreciation Dinner •December 5, 2013, Community Notification Meeting •December 7, 2013, Memorial Service for Zenavia Rennie at Odyssey Academy •December 8, 2013, Holly Sunday and Lighting of the Christmas Tree, Sponsored by Brooklyn Center Lions Club Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: •November 26, 2013, Multicultural Advisory Committee meeting at City Hall hosted by the Police Department •December 1, 2013, Svenskarnas Dag Girls Choir Christmas Concert, Brookdale Covenant Church •December 2, 2013, City Council Budget Hearing •December 3, 2013, Visited American Swedish Institute, Minneapolis 12/09/13 -16- DRAFT •December 4, 2013, Restaurant Depot Grand Opening •December 5, 2013, Community Notification Meeting •December 7, 2013, Memorial Service for Zenavia Rennie at Odyssey Academy •December 9, 2013, CenterPoint Energy Public Hearing regarding 2014 rate increase, Brooklyn Center CEAP Community Room Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: •December 2, 2013, City Council Budget Hearing •December 5, 2013, Meeting with Emily Anderson, Association for Nonsmokers-Minnesota •December 5, 2013, Minneapolis Northwest Visitors & Convention Bureau Holiday Open House •December 5, 2013, Community Notification Meeting •December 8, 2013, Holly Sunday and Lighting of the Christmas Tree, Sponsored by Brooklyn Center Lions Club Councilmember Myszkowski shared the prose poem "Desiderata" by American writer Max Ehrmann (1927). Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: •November 28, 2013, Family Thanksgiving celebration •December 2, 2013, Brooklyn Center Business Association (BCBA) Board Meeting - funding amount for new scoreboard at Brooklyn Center High School to be announced by Councilmember Lawrence-Anderson in January 2014 •December 2, 2013, City Council Budget Hearing •December 4, 2013, Restaurant Depot Grand Opening •December 4, 2013, Neighborhood Watch Captain Appreciation Dinner •December 5, 2013, Brooklyn Center Business Association (BCBA) Holiday Luncheon •December 5, 2013, Minneapolis Northwest Visitors & Convention Bureau Holiday Open House •December 7, 2013, Memorial Service for Zenavia Rennie at Odyssey Academy •December 9, 2013, Visited Odyssey Academy and viewed student's local government letter- writing project - final drafts addressed to City Council will be delivered to City Hall Councilmember Lawrence-Anderson expressed her thanks to Luther Company, LLLP, adding it is not too late to buy an engraved brick paver for the Amphitheater for $250, which is tax deductible. Mayor Willson reported' on his attendance at the following and provided information on the following upcoming events: •December 2, 2013, City Council Budget Hearing •December 3, 2013, Three (3) Dangerous Dog Hearings •December 4, 2013, recorded "Mayor's Minutes" at Cable TV Channel 12 (aired December 9, 2013) •December 8, 2013, Holly Sunday and Lighting of the Christmas Tree, Sponsored by Brooklyn Center Lions Club 12/09/13 -17- DRAFT 0 Happy Holidays to all Brooklyn Center residents — the City Council looks forward to many great events and accomplishments in 2014. Councilmember Ryan thanked Mr. Boganey, Ms. Schleuning, Mr. LeFevere, and all City staff members for their efforts, energy and hard work in 2013. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 8:41 p.m. Motion passed unanimously. 12/09/13 -18- 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 CLOSED EXECUTIVE SESSION DECEMBER 18, 2013 CITY HALL — COUNCIL/COMMISSION CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council met in Executive Session and was called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, and Dan Ryan. Councilmember Lin Myszkowski was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Deputy City Clerk Maria Rosenbaum. Also present were the City's League of Minnesota Cities Insurance Trust Representative Darren Richardson and Attorney Jason Kuboushek. DISCUSS PENDING LITIGATION REGARDING NORTH VALLEY INC. v. CITY OF BROOKLYN CENTER The City Council met in closed Executive Session under the attorney —client privilege to discuss pending litigation — Minn. Stat. § 13D.05, subd. 3 (b). There was consensus of the City Council to proceed with further litigation. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson moved to adjourn the Executive Session at 7:10 p.m. Motion passed unanimously. 12/18/13 -1- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: TO: FROM: SUBJECT: January 7, 2014 Curt Boganey, City Manager Maria Rosenbaum, Deputy City Clerk Licenses for City Council Approva 14C, Recommendation: It is recommended that the City Council consider approval of the following licenses on January 13, 2014. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. BOWLING ALLEY AMF Bowling Centers/dba AMF Earle Brown Lanes FIREWORKS - PERMANENT PNS Stores, Inc. GASOLINE SERVICE STATION Brooklyn Center Municipal Garage Brooklyn Center Service, Inc. Holiday Stationstores, Inc. Metropolitan Council Northern Tier Energy/dba SuperAmerica Northern Tier Energy/dba Sup erAmerica Northern Tier Energy/dba SuperAmerica Royalty & Sons, Inc. Two Rivers Investment, Inc. MECHANICAL Assured Heating, AC & Refrigeration, Inc. Easco Plumbing & Heating, Inc. Follmer Heating and Air, Inc. North Suburban Plumbing, Inc. Sabre Plumbing & Heating 6440 James Cir N 5930 Earle Brown Dr 6844 Shingle Creek Pkwy 6849 Brooklyn Blvd 420 66th Ave N 6845 Shingle Creek Pkwy 1901 57 t Avenue N 6950 Brooklyn Blvd 6545 West River Rd 6044 Brooklyn Blvd 6840 Humboldt Ave N 13571 Balsam Lane, Dayton 7965 Pioneer Trail, Loretto 7517 Colfax Ave, Brooklyn Park28221144th Street, Zimmerman 15535 Medina Road, Plymouth 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 PUBLIC DANCE AMF Bowling Centers/dba AMF Earle Brown Lanes RENTAL See attached report. • SECONDHAND GOODS DEALER GameStop #535 SIGN HANGER Sandmann Signs & Electric, Inc. Serigraphics TOBACCO RELATED PRODUCT Brooklyn Center Municipal #1 Brooklyn Center Municipal #2 Brooklyn Center Service, Inc./dba Perfect Car Wash #504 Burr St. Market Inc./dba Quickshop Diamond Lake 1994 LLC/dba Cub Foods Family Dollar Inc. Family Dollar Inc. Family Dollar Inc. Grand St. Paul CVS LLC/dba CVS #1683 Holiday Stationstores, Inc. Holiday Stationstores, Inc. Northern Tier Energy/dba SuperAmerica Northern Tier Energy/dba SuperAmerica Northern Tier Energy/dba SuperAmerica Regal Foods Corp. Royalty & Sons, Inc. Walgreens Company Wal-Mart Stores, Inc. 6440 James Cir N 6068 Shingle Creek Pkwy 24049 99 th Street, Elk River 2401 Nevada Ave, Golden Valley 5625 Xerxes Ave N 6930 Brooklyn Blvd 6849 Brooklyn Blvd 5808 Xerxes Avenue N 3245 County Road 10 2105 57 th Ave N 6211 Brooklyn Blvd 6800 Humboldt Ave N 5801 Brooklyn Blvd 420 66 th Ave N 6890 Shingle Creek Pkwy 1901 57th Avenue N 6950 Brooklyn Blvd 6545 West River Rd 615 66 th Avenue N 6044 Brooklyn Blvd 6390 Brooklyn Blvd 1200 Shingle Creek Crossing Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 0-1Type I — 3 Year 1-2 units 3+ units 04)35' Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type 11-2 Year 1-2 units 3+ units . Type III — 1 Year 1-2 units 3+.0 its Greater than 1 but not more than 4 Greater than 0.75 bnt not MOre than 1:5 Greater than 4 but not more than 8 .Greatdr:than -.1 .5 but not more than 3:' Type IV —6 Months 1-2 units 3+ units , Greater than 8 :.Greatef:thah:3 Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) License Category Number of Units No Category Impact 1-2 3-4 units 5 or more units 0-1 0-0.25 0-0.35 Decrease 1 Category 1-2 4 units 5 or more units Greater than 1 but not more than 3 'Greater, than 0.25 but not more than Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 3 4 units Greater than 3 'Greater than 1 5 or more units Greater than 0.50 COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03-08-10 Budget Issues: There are no budget issues to consider. 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E 010Nr-- c--/ cal._ 11 -.9 c-I000M Z >CV< (3 0X (.0M00V) City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk S)d)neuM 14i4A,k DATE: January 8, 2014 SUBJECT: Resolution Designating Official Newspaper Recommendation: It is recommended that the City Council consider adoption of Resolution Designating Official Newspaper. Background: Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circulation in the City as its official newspaper in which the City will publish ordinances, bids, public hearing notices, advertising for proposals, assessments, bonds, financial reports, and other matters as required by law. Sun Media has once again requested the City Council to designate Brooklyn Center Sun-Post to be the official newspaper for 2014. Brooklyn Center Sun-Post meets all necessary requirements of a qualified newspaper. The rate structure for 2014 is $10.64 per column inch (9 lines per column inch — $1.18 per line). The circulation of the Sun-Post is 6,989 newspapers. Another alternative for the City Council to consider is the Minneapolis Star Tribune. It meets the requirements of a qualified newspaper, with circulation at zip code 55430 at 8,383 households and 55429 at 10,457 households for December 2013. The rate structure for 2014 is $5.65 per line; effective March 1, 2014, the rate structure is $5.50 per line. Attachments: Resolution Designating Official Newspaper Sun Media Rate and Circulation Letter and Audit Report Minnesota Statutes Chapter 331A Budget Issues: The 2014 budget includes $7,000 for legal publications. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun-Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun-Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun-Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 2014. January 13, 2014 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. el tw - MEDIA December 2013 City of Brooldyn Center City Council 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear City Council Members: Please accept the following bid from the Brooklyn Center Sun-Post for legal newspaper designation for the City of Brooklyn Center. This newspaper is qualified by the State of Minnesota as a legal newspaper under Minnesota Statutes Section 331A.02, Subd. 1. The following rate structure for legals is effective January 1, 2014: First insertion: $10.64 per column inch Subsequent insertions: $5.72 per column inch Characters per inch: 320 Lines per inch: 9 Beginning in January, your legal notices will be published in 7 point type. This change is being made to standardize and improve the legibility of legal notices and has been taken into consideration when calculating your 2014 rate. Your 2014 rate represents a 5% increase over last year. A notarized affidavit will be provided for each notice published. Additional affidavits are $2.50 each. A $20.00 charge will be assessed on legal notices that require typing. All published legal notices are posted on the Sun-Post website at no additional charge. The Sun-Post is published weeldy on Thursdays. The deadline is 2:00 p.m. on Thursday for publication the following Thursday. Please email legal notices to sunlegals@ecm -inc.com . Thank you for considering the Sun-Post as the official newspaper for the City of Brooldyn Center for the upcoming year. We appreciate the opportunity to serve the needs of your community. Sincerely, Michael Jetchick Sales Manager 10917 VALLEY VIEW ROAD, EDEN PRAIRIE, MN 55344 • 952-846-2019 • POST.MNSUN.COM etru- MEDIA December 2013 City of Brooklyn Center City Council 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear City Council Members: The total circulation of the Brooklyn Center Sun-Post within the City of Brooklyn Center is 6,989 newspapers. The certified Audit Report for this newspaper is enclosed for your review. If you any questions regarding this information, please let us know. Thank you for your consideration. Sincerely, Michael jetchick Sales Manager 10917 VALLEY VIEW ROAD, EDEN PRAIRIE, MN 55344 • 952-846-2019 • POST.MNSUN.COM AUDIT REPORT For the 12-month period ending Sept. 26, 2013 BROOKLYN CENTER SUN•POST ECM Publishers, Inc. Hennepin County, Minnesota Published Weekly: Thursday PUBLISHER'S STATED PUBLISHING AND CIRCULATION POLICY Policy Is to publish weekly com- munity newspapers. Advertising Is sold separately or In any combina- tion with ECM Publishers, Inc. Circulation policy Is to home deliver single copies to a defined portion of households within Hen- nepin, Dakota, Anoka, Carver, and Ramsey counties. Bulk deliveries (five or more copies) delivered to public buildings and limited retail locations. AVERAGE CIRCULATION, DISTRIBUTION AND NET PRESS RUN A. Paid circulation 1)Mail subscriptions 9 2)Net retail sales (store, newsstand, rack, and counter 2 3) Voluntary/optional paid circulation 90 Total paid circulation 101 B. Unpaid circulation 1)Carrier single copies 6848 2)Unpaid residential bulk 0 3) Unpaid non-residential bulk 40 Total unpaid circulation 6888 Total paid and unpaid circulation (sum of A & B) 6989 PUBLISHER'S BREAKDOWNOF TOTAL CIRCULATION FORTHE SINGLE ISSUE OF: BROOKLYN CENTER SUN•POST THURSDAY, Sept. 26, 2013 A. Paid mailed circulation 11 B.Net retail sales (store, newsstand, rack, and counter 0 C.Voluntary/optional paid circulation 76 D.Unpaid carrier 6861 E.Bulk 0 F.Total distribution (sum of A, B, C, D & E) 6948 Audit statement... We have exam- ined the records of the publication(s) for the period stated. Our examina- tion was made In accordance with the Corporation's bylaws, rules and regulations, and auditing standards, and accordingly, included such tests of the accounting and circulation records and such auditing proce- dures as we considered necessary In the circumstances. In our opinion, this report presents fairly the circulation of the publication(s) of the period Indicated. Certified Audit of Circulation 155 Willowbrook Blvd. Wayne, N.J. 07470 Telephone: 973-785-3000 cac@certifiedaudit.com PROOF OF PUBLICATION and STATEMENT OF OWNERSHIP Name and address of publication: Sun•Post 10917 Valley View Road Eden Prairie, MN 55344 Name of personnel: General Manager: Mark Weber Director of News: Keith Anderson Number of issues printed each year: 52 Name and address of publishing company if different: ECM Publishers, Inc. 10917 Valley View Road Eden Prairie, MN 55344 Name of shareholders, bondholders and/or mortgages: ECM Publishers, Inc. 4095 Coon Rapids Blvd Coon Rapids, MN 55433 1 MINNESOTA STATUTES 2013 331A.01 CHAPTER 331A QUALIFIED NEWSPAPERS 33IA.01 DEFINITIONS.331A.07 AFFIDAVIT OF PUBLICATION. 331A.02 REQUIREMENTS FOR A QUALIFIED 331A.08 COMPUTATION OF TIME. NEWSPAPER 331A.09 PUBLICATION ON SUNDAY OR HOLIDAY. 331A.03 WHERE NOTICE PUBLISHED,331A. 10 CHANGE OF NAME OR DISCONTINUANCE OF 33 IA.04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL NEWSPAPER. PUBLICATIONS.331A. 11 APPLICATION. 331A.05 FORM OF PUBLIC NOTICES.331A.12 WEB SITE ADVERTISEMENT FOR BIDS. 331A.06 RATES FOR PUBLICATION. 331A.01 DEFINITIONS. Subdivision 1. Scope. As used in sections 331A.01 to 331A.11, the terms defined have the meanings given them except as otherwise expressly provided or indicated by the context. Subd. 2. Known office of issue. "Known office of issue" means the newspaper's principal office devoted primarily to business related to the newspaper, whether or not printing or any other operations of the newspaper are conducted at or from the office. A newspaper may have only one known office of issue. Subd. 3. Political subdivision. "Political subdivision" means a county, municipality, school district, or any other local political subdivision or local or area district, commission, board, or authority. Subd. 4. Municipality. "Municipality" means a home rule charter or statutory city or town. Subd. 5. [Repealed, 2004 c 182 s 33] Subd. 6. Proceedings. "Proceedings" means the substance of all official actions taken by the governing body of a political subdivision at any regular or special meeting, and at minimum includes the subject matter of a motion, the persons making and seconding a motion, the roll call vote on a motion, the character of resolutions or ordinances offered, including a brief description of their subject matter, and whether defeated or adopted. Subd. 7. Public notice. "Public notice" means every notice required or authorized by law or by order of a court to be published by a qualified newspaper, and includes: (1)every publication of laws, ordinances, resolutions, financial information, and proceedings intended to give notice in a particular area; (2)every notice and certificate of election, facsimile ballot, notice of referendum, notice of public hearing before a governmental body, and notice of meetings of private and public bodies required by law; (3)every summons, order, citation, notice of sale or other notice which is intended to inform a person that the person may or shall do an act or exercise a right within a designated period or upon or by a designated date; and (4)this subdivision contains no independent requirement for the publication of any public notice. Subd. 8. Qualified newspaper. "Qualified newspaper" means a newspaper which complies with all of the provisions of section 331A.02. The following terms, when found in laws referring to the publication of a public notice, shall be taken to mean a qualified newspaper: "qualified legal Copyright 0 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 MINNESOTA STATUTES 2013 331A.02 newspaper," "legal newspaper," "official newspaper," "newspaper," and "medium of official and legal publication." Subd. 9. Secondary office. "Secondary office" means an office established by a newspaper in a community other than that in which its known office of issue is located, in the same or an adjoining county, open on a regular basis to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office. Subd. 10. Summary. "Summary" means an accurate and intelligible abstract or synopsis of the essential elements of proceedings, ordinances, resolutions, financial statements, and other official actions. It shall be written in a clear and coherent manner, and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a designated location or by standard or electronic mail. A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized had been published. No liability shall be asserted against a political subdivision in connection with the publication of a summary or agenda. Subd. 11. Recognized industry trade journal. "Recognized industry trade journal" means a printed or digital publication or Web site that contains building and construction news of interest to contractors in this state, or that publishes project advertisements and bids for review by contractors or other interested bidders in its regular course of business. History: 1984 c 543 s 20; 1986 c 444; 2004 c 182 s 3-7; 2013 c 46 s 1 331A.02 REQUIREMENTS FOR A QUALIFIED NEWSPAPER. Subdivision 1. Qualification. No newspaper in this state shall be entitled to any compensation or fee for publishing any public notice unless it is a qualified newspaper. A newspaper that is not qualified must inform a public body that presents a public notice for publication that it is not qualified. To be qualified, a newspaper shall: (a)be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches, or 800 square inches if the political subdivision the newspaper purports to serve has a population of under 1,300 and the newspaper does not receive a public subsidy; (b)if a daily, be distributed at least five days each week. If not a daily, the newspaper may be distributed twice a month with respect to the publishing of government public notices. In any week in which a legal holiday is included, not more than four issues of a daily paper are necessary; (c)in at least half of its issues each year, have no more than 75 percent of its printed space comprised of advertising material and paid public notices. In all of its issues each year, have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the community which it purports to serve. Not more than 25 percent of its total nonadvertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news services; (d)be circulated in the political subdivision which it purports to serve, and either have at least 400 copies regularly delivered to paying subscribers, or 250 copies delivered to paying subscribers if the political subdivision it purports to serve has a population of under 1,300, or have at least 400 copies regularly distributed without charge to local residents, or 250 copies Copyright © 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 3 MINNESOTA STATUTES 2013 331A.02 distributed without charge to local residents if the political subdivision it purports to serve has a population of under 1,300; (e)have its known office of issue established in either the county in which lies, in whole or in part, the political subdivision which the newspaper purports to serve, or in an adjoining county; (f)file a copy of each issue immediately with the State Historical Society; (g)be made available at single or subscription prices to any person or entity requesting the newspaper and making the applicable payment, or be distributed without charge to local residents; (h)have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i)between September 1 and December 31 of each year publish a sworn United States Post Office periodicals-class statement of ownership and circulation or a statement of ownership and circulation verified by a recognized independent circulation auditing agency covering a period of at least one year ending no earlier than the June 30 preceding the publication deadline. When publication occurs after December 31 and before July 1, qualification shall be effective from the date of the filing described in paragraph (j) through December 31 of that year; and (j)after publication, submit to the secretary of state by December 31 a filing containing the newspaper's name, address of its known office of issue, telephone number, and a statement that it has complied with all of the requirements of this section. The filing must be accompanied by a fee of $25. The secretary of state shall make available for public inspection a list of newspapers that have filed. Acceptance of a filing does not constitute a guarantee by the state that any other qualification has been met. Subd. 2. [Repealed, 2004 c 182 s 33] Subd. 3. Publication; suspension; changes. The following circumstances shall not affect the qualification of a newspaper, invalidate an otherwise valid publication, or invalidate a designation as official newspaper. (a)Suspension of publication for a period of not more than three consecutive months resulting from the destruction of its known office of issue, equipment, or other facility by the elements, unforeseen accident, or acts of God or by reason of a labor dispute. (b)The consolidation of one newspaper with another published in the same county, or a change in its name or ownership, or a temporary change in its known office of issue. (c) Change of the day of publication, the frequency of publication, or the change of the known office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to maintain its known office of issue in the county, shall deprive a newspaper of its standing as a qualified newspaper until it again becomes qualified pursuant to subdivision 1. Subd. 4. Declaratory judgment of legality. A person interested in a newspaper's qualification under this section may petition the district court in the county in which the newspaper has its known office of issue for a declaratory judgment to determine whether the newspaper is qualified. Unless filed by the publisher, the petition and summons shall be served on the publisher as in other civil actions. Service in other cases shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside shall be valid. Copyright 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 4 MINNESOTA STATUTES 2013 331A.03 Except as provided in this subdivision, the Uniform Declaratory Judgments Act and the Rules of Civil Procedure shall apply to the action. Subd. 5. Posting notices on Web site. If, in the normal course of its business, a qualified newspaper maintains a Web site, then as a condition of accepting and publishing public notices, the newspaper must agree to post all the notices on its Web site at no additional cost. The notice must remain on the Web site during the notice's full publication period. Failure to post or maintain a public notice on the newspaper's Web site does not affect the validity of the public notice. History: 1984 c 543 s 21; 1985 c 174 s 1; ISp1985 c 13 s 315; 1987 c 30 s 1; 1987 c 286 s 1; 1988 c 682 s 42; 1990 c 395 s 1; 1991 c 2058 17; 1997 c 137 s 13; 2001 c 388 1; 2004 c 182 s 8-11; 2009 c 152 s 5 331A.03 WHERE NOTICE PUBLISHED. Subdivision 1. Generally. Except as provided in subdivision 2, a public notice shall be published in a qualified newspaper, and except as otherwise provided by law, in one that is likely to give notice in the affected area or to whom it is directed. When a statute or other law requires publication in a newspaper located in a designated political subdivision or area and no qualified newspaper is located there, publication shall be made in a qualified newspaper likely to give notice unless the particular statute or law expressly provides otherwise. If no qualified newspaper exists, then publication is not required. Subd. 2. Exception; certain cities of the fourth class. A public notice required to be published by a statutory or home rule charter city of the fourth class located in the metropolitan area defined in section 473.121, subdivision 2, is not required to be published in a qualified newspaper if there is no qualified nondaily newspaper of general circulation in the city, provided the notice is printed in a newsletter or similar printed means of giving notice that is prepared by the city and either mailed or delivered to each household in the city. Subd. 3. Alternative dissemination of bids and requests. (a) In addition to or as an alternative to the statutory requirements for newspaper publication, a political subdivision may disseminate solicitations of bids, requests for information, and requests for proposals by a means authorized in paragraph (b), if the political subdivision simultaneously publishes, either as part of the minutes of a regular meeting of the governing body or in a separate notice published in the official newspaper, a description of all solicitations or requests so disseminated, along with the means by which the dissemination occurred. (b)A political subdivision may use its Web site or recognized industry trade journals as an alternative means of dissemination. A dissemination by alternative means must be in substantially the same format and for the same period of time as a publication required by this chapter. (c)For the first six months after a political subdivision designates an alternative means of dissemination, it must continue to publish solicitation of bids, requests for information, and requests for proposals in the official newspaper in addition to the alternative method. The publication in the official newspaper must indicate where to find the designated alternative method. After the expiration of the six-month period, an alternative means of dissemination satisfies the publication requirements of law for solicitation of bids, requests for information, and requests for proposals. History: 1984 c 543 s 22; 1991 c 53 s I; 2004 c 182 s 12,13 Copyright 0 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 5 MINNESOTA STATUTES 2013 331A.04 331A.04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL PUBLICATIONS. Subdivision 1. Priority. The governing body of a political subdivision, when authorized or required by statute or charter to designate a newspaper for publication of its public notices, shall designate a qualified newspaper in the following priority. Subd. 2. Known office in locality. If there are one or more qualified newspapers, the known office of issue of which are located within the political subdivision, one of them shall be designated. Subd. 3. Secondary office in locality. When no qualified newspaper has a known office of issue located in the political subdivision, but one or more qualified newspapers maintain a secondary office there, one of them shall be designated. Subd. 4. General circulation in locality. When no qualified newspaper has its known office of issue or a secondary office located within the political subdivision, then a qualified newspaper of general circulation there shall be designated. Subd. 5. Other situations. If a political subdivision is without an official newspaper, or if the publisher refuses to publish a particular public notice, matters required to be published shall be published in a newspaper designated as provided in subdivision 4. The governing body of a political subdivision with territory in two or more counties may, if deemed in the public interest, designate a separate qualified newspaper for each county. Subd. 6. Exception to designation priority. (a) Notwithstanding subdivisions 1 to 3, the governing body of a political subdivision may designate any newspaper for publication of its official proceedings and public notices, if the following conditions are met: (1)the newspaper is a qualified medium of official and legal publication; (2)the publisher of the newspaper furnishes a sworn statement, verified by a recognized independent circulation auditing agency, covering a period of at least one year ending no earlier than 60 days before designation of the newspaper, stating that the newspaper's circulation reaches not fewer than 75 percent of the households within the political subdivision; (3)the newspaper has provided regular coverage of the proceedings of the governing body of the political subdivision and will continue to do so; and (4)the governing body votes unanimously to designate the newspaper. (b) If the circulation of a newspaper designated under this subdivision falls below 75 percent of the households within the political subdivision at any time within the term of its designation as official newspaper, its qualification to publish public notices for the political subdivision terminates. Subd. 7. Joint bidding. A bid submitted jointly by two or more newspapers for the publication of public notices must not be considered anticompetitive or otherwise unlawful if the following conditions are met: (1)all of the qualified newspapers in the political subdivision participate in the joint bid; (2)the existence of the joint bid arrangement is disclosed to the governing body of the political subdivision before or at the time of submission of the joint bid; and (3) the board is free to reject the joint bid and, if it does, individual qualified newspapers do not refuse to submit separate bids owing to the rejection of the joint bid. History: 1984 c 543 s 23; 2003 c 59 s I; 2004 c 182 s 14 Copyright 0 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 6 MINNESOTA STATUTES 2013 331A.06 331A.05 FORM OF PUBLIC NOTICES. Subdivision 1. English language. All public notices shall be printed or otherwise disseminated in the English language. Subd. 2. Time of notice. Unless otherwise specified by law, or by order of a court, publication of a public notice shall be as follows: (a)the notice shall be published once; (b)if the notice is intended to inform the public about a future event, the last publication shall occur not more than 30 days and not less than seven days before the event; (c) if the notice is intended to inform the public about a past action or event, the last publication shall occur not more than 45 days after occurrence of the action or event. Subd. 3. Type face. Except as otherwise directed by a particular statute requiring publication of a public notice or by order of a court, a public notice shall be printed in a type face no smaller than six point with a lowercase alphabet of at least 90 points. Larger type faces may be used. Subd. 4. Title or caption. Every public notice shall include a bold face title or caption in a body type no smaller than brevier or eight point referring to' the content of the notice. Larger type faces may be used. Subd. 5. Local options. The governing body of a political subdivision may, to better inform the public, increase the frequency of publication of a public notice beyond the minimum required by a particular statute. It may use forms and styles for the notice as it deems appropriate, including the use of display advertisements and graphics. In addition to publication in the newspaper required to be designated under section 331A.04, it may publish or disseminate the notice in other newspapers and by means of standard and electronic mail. Regardless of whether a particular statute specifies "legal notice," "public notice," "notice," or uses similar terms, the governing body may use whatever form for the published notice that it deems appropriate in order to adequately inform the public, subject to the requirements of sections 331A.01 to 331A.11. Nothing in the foregoing provisions of this subdivision shall require the governing body of a political subdivision to use the options described. Subd. 6. Conflict of laws. Nothing in this section shall invalidate or affect any statutory or charter provision imposing additional or special qualifications for publication of particular notices or proceedings. Subd. 7. Errors in publication. If through no fault of the political subdivision, an error occurs in the publication of a public notice, the error shall have no effect on the validity of the event, action, or proceeding to which the public notice relates. Subd. 8. Notice regarding published summaries. If a political subdivision elects to publish a summary of the political subdivision's financial statement or proceedings as authorized by other law, it must include with the published summary a notice stating that a copy of the full version of the financial statement or proceedings other than attachments to the minutes is available without cost at the offices of the political subdivision or by means of standard or electronic mail. History: 1984 c 543 s 24; 1997 c 56s 1; 2004 c 182 s 15-19; 2008 c 154 art 10 s 4 331A.06 RATES FOR PUBLICATION. Subdivision 1. Maximum rate. The maximum rate charged for publication of a public notice shall not exceed the lowest classified rate paid by commercial users for comparable space Copyright 0 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 7 MINNESOTA STATUTES 2013 331A.08 in the newspapers in which the public notice appears, and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. Subd. 2. Rate increases. Notwithstanding subdivision 1, no newspaper may increase its rates for publication of public notices by more than ten percent per year, as compared to the maximum rate actually charged by the newspaper in the previous year for publication of public notices, and in any case the new rate shall not exceed the rate described in subdivision 1. Nothing in this section shall be interpreted to mean that such an increase is required. Subd. 3. Rate from competitive bidding. When the governing board of a political subdivision awards a contract for the publication of public notices based on competitive bidding, the rate established by the competitive bidding shall be the rate charged for publication of the public notices. Subd. 4. Publication at legal rate. When a statute refers to publication of a public notice at the legal rate the maximum rate shall be as provided in this section. Subd. 5. Multiyear publication contracts. Notwithstanding other law, a political subdivision may enter into multiyear contracts with a qualified newspaper for publication of the political subdivision's public notices. No multiyear contract may be for a term longer than three years. History: 1984 c 543 s 25; 1985 c 174 s 2; 1994 c 465 art 2 s 18; 2004 c 182 s 20,21 331A.07 AFFIDAVIT OF PUBLICATION. No compensation shall be recoverable for publishing a public notice in any newspaper unless the bill is accompanied by an affidavit of the publisher of the newspaper or the publisher's designated agent, having knowledge of the facts, stating that the newspaper has complied with all the requirements to constitute a qualified newspaper. The affidavit must set forth the dates of the month and year and the day of the week upon which the public notice was published in the newspaper. The affidavit must also include the publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to section 331A.06. History: 1984 c 543 s 26; 1993 c 48 s 7; 2004 c 182 s 22 331A.08 COMPUTATION OF TIME. Subdivision 1. Time for publication. The time for publication of public notices shall be computed to exclude the first day of publication and include the day on which the act or event, of which notice is given, is to happen or which completes the full period required for publication. Subd. 2. Time for act or proceeding. The time within which an act is to be done or proceeding had or taken, as prescribed by the rules of procedure, shall be computed by excluding the first day and including the last. If the last day is Sunday or a legal holiday the party shall have the next secular day in which to do the act or take the proceeding. Subd. 3. Publication of proceedings. Notwithstanding other statutory publication requirements, if the governing body of a political subdivision conducts regular meetings not more than once every 30 days, the governing body need not publish the meeting minutes in the official newspaper until ten days after the proceedings have been approved by the governing body. History: 1984 c 543 s 27; 2004 c 182 s 23 Copyright 0 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 8 MINNESOTA STATUTES 2013 331A.12 331A.09 PUBLICATION ON SUNDAY OR HOLIDAY. Any public notice may lawfully be printed in a newspaper published on a Sunday or holiday. Any notice that, by law or the order of any court, is required to be published for any given number of weeks may be published on any day in each week of the term, and if published as many weeks and as many times in each week as required by the law or order, it is a lawful publication. History: 1984 c 543 s 28; 2004 c 182 s 24 331A.10 CHANGE OF NAME OR DISCONTINUANCE OF NEWSPAPER. Subdivision 1. Change of name. When a public notice is required or ordered to be published in a particular newspaper and the name of the newspaper is changed before the publication is completed, the publication shall be made or continued in the newspaper under its new name with the same effect as if the name had not been changed. The proof of the publication, in addition to other requirements, shall state the change of name and specify the period of publication in the newspaper under each name. Subd. 2. Discontinuance. When a newspaper ceases to be published before the publication of a public notice is commenced, or when commenced ceases before the publication is completed, the order for publication, when one is required in the first instance, may be amended by order of the court or judge, to designate another newspaper, as may be necessary. If no order is required in the first instance, publication may be made or completed in any other qualified newspaper. Any time during which the notice is published in the first newspaper shall be calculated as a part of the time required for the publication, proof of which may be made by affidavit of any person acquainted with the facts. History: 1984 c 543 s 29; 2004 c 182 s25 331A.11 APPLICATION. Subdivision 1. Application. Sections 331A.01 to 331A.11 apply to all political subdivisions of the state. Subd. 2. Notices excluded. Sections 331A.01 to 331A.11 do not apply to notices required by private agreements or local laws to be published in newspapers, unless they refer expressly or by implication to this chapter or to particular provisions of this chapter. History: 1984 c 543 s 30; 2004 c 182 s 26,27 331A.12 WEB SITE ADVERTISEMENT FOR BEDS. Subdivision 1. Definitions. (a) The terms defined in this subdivision and section 331A.01 apply to this section. (b) "Web site" means a specific, addressable location provided on a server connected to the Internet and hosting World Wide Web pages and other files that are generally accessible on the Internet all or most of the day. Subd. 2. Designation. At the meeting of the governing body of the local public corporation at which the governing body must designate its official newspaper for the year, the governing body may designate in the same manner publication of transportation projects on the local public corporation's Web site. Publication on the Web site may be used in place of or in addition to any other required form of publication. Each year after designating publication on the Web site for transportation projects, the local public corporation must publish in a qualified newspaper Copyright © 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 9 MINNESOTA STATUTES 2013 331A.12 in the jurisdiction and on the Web site, notice that the local public corporation will publish any advertisements for bids on its Web site. Subd. 3. Form, time for publication same. A local public corporation that publishes on its Web site under this section must post the information in substantially the same format and for the same period of time as required for publication in an official newspaper or other print publication. Subd. 4. Record retention. A local public corporation that publishes notice on its Web site under this section must ensure that a permanent record of publication is maintained in a form accessible by the public. History: 1Sp2003 c 19 art 2 s 56 Copyright 0 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. City Council Agenda Item No. 6d COUNCIL ITEM MEMORANDUM DATE: January 13, 2014 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Depository Resolution Recommendation: It is recommended that the City Council consider adoption of the attached resolution designating depositories for the 2014 fiscal year. Background: At the beginning of each fiscal year, in accordance with Minnesota Statutes 118A.02 and City Council Policy 2.22.4.A, the City Council considers a resolution authorizing depositories for City funds. The resolution includes banks with a presence in Brooklyn Center as well as any banks with whom the City deals on a regular basis throughout the year. The attached resolution designates banks which may not currently hold City funds but which may during the fiscal year, become a depository for City funds. Other financial depositories, such as the 4M Funds, are included because we are members of those depositories. Not all investment dealers/brokers are part of the City's current program but are authorized, after filing the appropriate Broker Certification Form, a requirement of Minnesota Statutes 118A, to transact business with the City of Brooklyn Center. If the City has no contact or activity with a dealer/broker during the previous fiscal year, that firm is removed not included in the succeeding year's list. All banks, depositories, investment dealers and brokers, with the exception of the Federal Reserve Bank of Minneapolis, are checked for certification by FDIC, SIPC or other certification as required by Minnesota Statutes 118A. All of this documentation is reviewed by the City's auditors during the financial statement audit each year. Budget Issues: There is no direct financial impact on the City. Strategic Priorities: •Financial Stability •. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS WHEREAS, Section 7.01 of the City Charter provides the City Council with authority over City funds that includes the safekeeping and disbursement of public monies; and WHEREAS, Section 7.10 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the City Manager and City Treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1.That US Bank, NA is hereby designated as a depository for funds of the City of Brooklyn Center for operational banking and investment purposes. 2.That the following named bankers and brokers are hereby designated as additional depositories to be used for investment purposes: Federal Reserve Bank of Minneapolis Bremer Bank Wells Fargo Bank, N.A. TCF Bank Minnesota Municipal Money Market Fund (4M Fund) Minnesota Municipal Money Market Plus Fund (4M Plus Fund) RBC Capital Markets LLC Sterne, Agee & Leach, Inc Northland Securities Oppenheimer & Co., Inc UBS Financial Services Wells Fargo Advisors, LLC The City Treasurer is hereby authorized to deposit funds in accounts guaranteed by the Federal Deposit Insurance Corporation (FDIC), the Securities Insurance Protection Corporation (SIPC), successors of the FDIC or SIPC or other governmental institutions insuring the safety and liquidity of public monies. Funds deposited with designated depositories in excess of the insurance limits available through FDIC, SIPC or its successor institutions shall be covered by collateral in the form of government securities held in the City's name or other RESOLUTION NO. collateral proposed by the institution and approved by the City of not less than 110% of the value of the uninsured deposits. 3.That Signapay of MN, LLC is hereby designated as the clearinghouse for credit card transactions for City Hall, BC Liquor stores, Centerbrook golf course and the Earle Brown Heritage Center. 4.That Active Network is hereby designated as the clearinghouse depository for credit card transactions for the Community Activities, Recreation & Services Department. 5.Wells Fargo Institutional Trust Services is hereby designated as the safekeeping depository for investment instruments in the City's investment portfolio and as clearinghouse for the City's investment portfolio transactions. 6.That the City Council authorizes the City Manager, the City Treasurer, or the Deputy City Treasurer to act for the City in all of its business activities with these designated depositories. January 13, 2014 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. 6e TO: FROM: DATE: SUBJECT: COUNCIL ITEM MEMORANDUM Curt Boganey, City Manager Sharon Knutson, City Clerk Aamq_ January 8, 2014 Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Five Cities Senior Transportation Project, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, Project Peace, Twin Lakes Joint Powers Organization, and Minneapolis Northwest Convention & Visitors Bureau Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Five Cities Senior Transportation Project, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, Project Peace, Twin Lakes Joint Powers Organization, and Minneapolis Northwest Convention & Visitors Bureau. Background: The City of Brooklyn Center has entered into several Joint and Cooperative Agreements with various organizations. I have reviewed each of the joint powers agreements and identified those organizations whose agreements provide that appointment of directors be made by the governing body or by City Council resolution. Some of the agreements require annual appointment, some provide that a director is appointed until succeeded, and some provide that a certain position serve as the representative. A summary of each of the Joint and Cooperative Agreements can be found in Section VII of the City Council Reference Book. A resolution is attached for review and consideration. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, FIVE CITIES SENIOR TRANSPORTATION PROJECT, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION, PETS UNDER POLICE SECURITY, PROJECT PEACE, TWIN LAKES JOINT POWERS ORGANIZATION, AND MINNEAPOLIS NORTHWEST CONVENTION & VISITORS BUREAU WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of The Brooklyn Bridge Alliance for Youth on November 24, 2008, and Article III, Section 2, of the joint powers agreement states that each party designates two individuals and one alternate to attend the organizational committee meetings, as well as two additional members, one from the City's police department and one from the City's parks and recreation department; and WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of the Five Cities Senior Transportation Project on June 18, 1985, and Section 2.2 of the joint powers agreement states that the governing body of a member appoints its City Manager as a member of the Executive Committee and one additional representative; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Hennepin Recycling Group on August 1, 1988, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Local Government Information Systems (LOGIS), on May 1, 1972, and Article IV, Section 1, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of the North Metro Mayors Association on June 26, 1989, and the joint powers agreement states that the governing body of a member appoints two directors, one of whom shall be the City Manager or other designee; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Northwest Hennepin Human Services Council on December 8, 1975, and Article IV, Section 3, of the joint powers agreement states that the governing body of a party appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Northwest Suburbs Cable Communications Commission on September 24, 1979, and Article VI, Section 1, of the joint powers agreement states that the City Council of a member appoints Commissioners; and RESOLUTION NO. WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Pets Under Police Security (PUPS) on September 10, 1990, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Project PEACE on January 8, 1996, and Article III, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Twin Lakes Joint Powers Organization on January 14, 1991, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the North Metro Convention and Tourism Bureau, now known as Minneapolis Northwest Convention & Visitors Bureau, on September 8, 1986, and Article IV, Section 2, of the bylaws states that each member City may appoint one Director to the Board of Directors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved: The Brooklyn Bridge Alliance for Youth, Member The Brooklyn Bridge Alliance for Youth, Member The Brooklyn Bridge Alliance for Youth, Alternate Member The Brooklyn Bridge Alliance for Youth, Police The Brooklyn Bridge Alliance for Youth, Parks and Recreation Five Cities Senior Transportation Project, Executive Committee Five Cities Senior Transportation Project, Additional Representative Hennepin Recycling Group, Director Hennepin Recycling Group, Alternate Director Local Government Information Systems (LOGIS), Director Local Government Information Systems (LOGIS), Alternate Director North Metro Mayors Association, Director — City Manager North Metro Mayors Association, Director Northwest Hennepin Human Services Council, Director Northwest Hennepin Human Services Council, Alternate Director Northwest Suburbs Cable Communications Commission, Council Northwest Suburbs Cable Communications Commission, Resident Pets Under Police Security, Director Pets Under Police Security, Alternate Director Project PEACE, Director Project PEACE, Alternate Director Twin Lakes Joint Powers Organization, Director Twin Lakes Joint Powers Organization, Alternate Director Minneapolis Northwest Convention & Visitors Bureau Tim Willson Curt Boganey Dan Ryan Kevin Benner Jim Glasoe Curt Boganey Kelly Mertes Curt Boganey Jim Glasoe Curt Boganey Patty Hartwig Curt Boganey Tim Willson Curt Boganey Vickie Schleuning Tim Willson Rex Newman Kevin Benner Tony Gruenig Kevin Benner Curt Boganey Kevin Benner Tony Gruenig Tim Willson RESOLUTION NO. January 13, 2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6f COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk I I *1444 DATE: January 8, 2014 SUBJECT: Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees. Background: Article V of the Brooklyn Center Firefighters Relief Association Bylaws states, ARTICLE V BOARD OF TRUSTEES 5.1 Composition. The Board of Trustees shall consist of nine (9) members. Six (6) trustees shall be elected from the membership of the relief association. There shall be three (3) officials drawn from the Municipality. The three (3) Municipal Trustees must be one (I) elected municipal official and one (1) elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. The Municipal Trustees must be designated annually by the city council of the Municipality. A resolution is attached for review and consideration. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING MUNICIPAL TRUSTEES TO THE BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION BOARD OF TRUSTEES WHEREAS, Article V of the Brooklyn Center Firefighters Relief Association Bylaws states that the Board of Directors shall consist of three (3) officials drawn from the Municipality; and WHEREAS, the three (3) Municipal Officials must be one (1) elected municipal official and one (1) elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved for 2013: Elected Municipal Official Tim Willson Elected or Appointed Municipal Official Nathan Reinhardt Fire Chief Lee Gatlin January 13, 2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6g COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ',AJPNCIA/3)4. DATE: January 8, 2014 SUBJECT: Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations Recommendation: It is recommended that the City Council consider adoption of Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations. Background: As part of the City Council's goal of inclusiveness, one of the aspects was to recognize the various ethnic populations and their contributions as well as heritage celebrations. The proposed resolution would implement that Council policy by an inclusive list of celebrations and contributions in one resolution. We have avoided adopting individual resolutions, while wishing to participate in an inclusive fashion in recognizing the various ethnic and heritage celebrations that occur during the year. By adopting this resolution, the City acknowledges these many events that occur throughout the course of the year. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS WHEREAS, the City Council has established a goal to promote the inclusion of all residents in Brooklyn Center's community life by emphasizing opportunities to include all residents in the community's activities and plans; and WHEREAS, the City Council recognizes that its cultural composition has changed significantly over the past two decades, with its ethnic population over half of its total population; and WHEREAS, Brooklyn Center is strengthened by the rich cultural diversity of its people, and welcomes individuals of all races, religions, and cultural backgrounds; and WHEREAS, each individual brings a part of his or her own heritage and over time each heritage becomes part of our common heritage, leading us to become a more united people; and WHEREAS, the City Council recognizes the vital contributions ethnic populations have made to the strength and diversity of our community and recognizes their rich legacy of ingenuity, perseverance, and achievement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following heritage celebrations and all other heritage celebrations reflected in Brooklyn Center's population are recognized for the purpose of encouraging our citizens to learn more about the history of ethnic populations and how they have contributed to the culture and heritage of our community: February African American History Month March Irish-American Heritage Month March 25 Greek Independence Day April 14 Pan American Day May Asian/Pacific American Heritage Month May Jewish American Heritage Month May 17 (Syttende Mai) Norwegian Constitution Day June 6 Swedish National Day September 15-October 15 Hispanic Heritage Month October Italian American Heritage Month October 6 German-American Day November American Indian Heritage Month RESOLUTION NO. January 13, 2014 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. 6h COUNCIL ITEM MEMORANDUM DATE: January 13, 2014 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director Of--- SUBJECT: Corporate Resolution Recommendation: It is recommended that the City Council consider adoption of the attached resolution granting the City Manager and Finance Director the authority to transact financial business matters for the City of Brooklyn Center. Background: Many investment firms require the adoption of a resolution by the corporate board, in this case the City Council, authorizing specific officers to transact financial business involving treasury notes, certificates of deposit and other securities. The attached resolution fulfills that requirement by appointing the City Manager and the Finance Director, who serves as the City Treasurer, as the officers authorized to transact such business. Strategic Priorities: Finance Stability illission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public Mai Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION GRANTING CORPORATE AUTHORITY FORSIGNING OF CHECKS AND TRANSACTION OF FINANCIAL BUSINESS MATTERS WHEREAS, the City Treasurer must be a signatory to any and all checks issued by the City in payment of obligations of the City; and WHEREAS, specific individuals must be designated by the City Council as authorized to sell, assign and endorse for transfer various financial instruments in the regular conduct of City business. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Cornelius L. Boganey, City Manager and Nathan Reinhardt, Finance Director, are hereby authorized to sign checks and to sell, assign, and endorse for transfer certificates representing treasury notes, bonds, or other securities now registered or hereafter registered in the name of this municipality. January 13, 2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6i COUNCIL ITEM MEMORANDUM DATE: January 13, 2014 TO: Curt Boganey, City Manager ( 1/5$FROM: Vickie Schleuning, Assistant City Manager/Director of Building and Community Standards SUBJECT: Resolution Calling for a Public Hearing Regarding Proposed Use of 2014 Urban Hennepin County Community Development Block Grant Funds Recommendation: It is recommended that the City Council consider adoption of the Resolution Calling for a Public Hearing Regarding Proposed Use of 2014 Urban Hennepin County Community Development Block Grant Funds. Background: This agenda item provides for a Public Hearing for the City's annual Community Development Block Grant (CDBG) program. This Public Hearing is required for participation in the CDBG program. Brooklyn Center is one of 40 Hennepin County cities participating in the Urban Hennepin County CDBG program. In the program, federal dollars from the Department of Housing and Urban Development (HUD) are allocated to the County and are dispersed to the participating cities on a formula basis. At the time of preparation of this memorandum the final funding amount for 2014 had not been determined Hennepin County has directed cities to use 2013 CDBG allocation amounts for consideration for 2014 until the final amount is determined. Therefore, the City of Brooklyn Center should use $239,249 as its preliminary estimate for its 2014 CDBG allocation. The City's 2013 CDBG program funded the following five projects, which all met the requirement for benefiting low and/or very low income persons: 1.Rehabilitation of Private Property. This activity provides for rehabilitation and repair of single family homes of low and moderate income households. This activity has been part of the City's CDBG program since inception in the 1970's. The 2013 allocation was $57,509. 2.Household Outside Maintenance for the Elderly (H.O.M.E.) program. This activity has been part of the CDBG program for 16 years. The H.O.M.E. program's focus is minor home maintenance and repair, including exterior and interior painting and some household chore services, for persons 60 years of age Mission: Ensuring an attractive, clean, safe, inclusive conmunity that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM and older. This program has also assisted with clean-up of garbage houses in the City. The 2013 allocation was $12,500. 3.Community Emergency Assistance Program, Inc. (CEAP) Senior Services Program. The Senior Services Program provides chore services to seniors and disabled persons at little or no cost and includes services such as lawn mowing, snow shoveling, housekeeping and some interior and exterior maintenance. The Senior Services Program also includes Meals on Wheels. This program has been funded by the City for eleven years. The 2013 allocation was $12,500. 4.Neighborhood Revitalization Code Enforcement Activity This item is for code enforcement activities supporting the goal of arresting the physical decline of certain income qualified areas of the city and focusing on vacant, foreclosed and deteriorated properties. The 2013 allocation was $150,000. 5. HOME Line Tenant Advocacy Services This activity focuses on three programs: a tenant hotline that provides free legal advice to tenants about landlord/tenant laws, a high school educational program, and an immigrant outreach program that provides services to new immigrants. The 2013 allocation was $6,740. ADMINISTRATIVE REQUIREMENTS Pursuant to program requirements, each city receiving a CDBG allocation is limited of up to 15 percent cap on public service projects. Based on the estimated allocation for 2014, continued funding of these programs at the 2013 preliminary allocation level of $239,249 would mean that the maximum dollar amount allocated to public service activities could not exceed $35,887. Please note that this number will likely change when the 2014 allocation is determined. In addition, the City is not required to allocate any funding to public service projects. PUBLIC HEARING AND HEARING NOTICE A resolution calling for a Public Hearing for the 2014 CDBG program is included with this memorandum. The required Public Hearing notice has been prepared and includes an allocation for continued funding of neighborhood service projects at the 15% cap, funding for the code enforcement initiative at $150,000 and the remainder of funding for the City's Housing Rehabilitation program. The resolution prepared for City Council consideration with this memorandum, establishes the date of February 10, 2014 as the Public Hearing date for the City's 2014 CDBG program. Hennepin County requires that specific dollar amounts be specified in the hearing notice and that the City's 2014 CDBG program be submitted to Hennepin County by February 24, 2014. The Public Hearing notice does not commit the City to funding any specific CDBG activity at this time. Further, the CDBG activities and dollar amounts allocated to them can be revised at the Public Hearing on Februaryl 0, 2014, or at any time within the 2014 CDBG program year upon conducting a Public Hearing to amend the City's CDBG program. 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 Additional background information regarding 2014 CDBG requests for funding, along with staff recommendations, will be submitted with Council packets for the February 10, 2014 Public Hearing. Budget Issues: Since the Federal fiscal year for CDBG operations from July 2014 to December 2015, the 2014 CDBG program will be reflected in the 2014 Annual City Budget. The programming of the 2014 CDBG funds for code enforcement is consistent with the City's 2014 approved budget. Strategic Priorities: •Financial Stability •Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ailpeople and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING REGARDING PROPOSED USE OF 2014 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, Brooklyn Center is one of 40 Hennepin County communities that are members of the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Brooklyn Center has been notified by Hennepin County that its preliminary estimated allocation for the 2014 Urban Hennepin County CDBG Program is $239,249; and 'WHEREAS, a Public Hearing regarding the proposed use of 2014 Urban Hennepin County Community Development Block Grant funds is a requirement of the CDBG Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1.A Public Hearing regarding the proposed use of 2014 Urban Hennepin County Community Development Block Grant funds will be held at the regularly scheduled Brooklyn Center City Council meeting on February 10, 2014, at approximately 7 p.m. or as soon thereafter as the matter may be heard. 2.Staff is authorized and directed to publish the attached Notice of Public Hearing on the proposed use of 2014 Urban Hennepin County Community Development Block Grant funds in the City's official newspaper not later than ten days prior to February 10, 2014. 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. NOTICE OF PUBLIC HEARING CITY OF BROOKLYN CENTER 2014 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given that the City of Brooklyn Center in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a Public Hearing on February 10, 2014, at 7 p.m. or as soon thereafter as the matter may be heard, at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The Public Hearing is on the housing and community development needs and the City's proposed use of the estimated 2014 Urban Hennepin County Community Development Block Grant Program planning allocation of $239,249. The City of Brooklyn Center is proposing to undertake the following activities with 2014 Urban Hennepin County CDBG funds starting on or about July 1, 2014. Activity Budget Public Service Projects $35,887 Neighborhood Revitalization Code $150,000 Enforcement Activity Rehabilitation of Private Property $53,362 For additional information about the priorities, proposed activities, level of funding and program performance, contact the City of Brooldyn Center at 763-569-3300 or the Hennepin County Housing Department at 612-348-9260. The Public Hearing is being held pursuant to MS 471.59. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. City Council Agenda Item No. 6j COUNCIL ITEM MEMORANDUM DATE: January 7, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer S SUBJECT: Resolution Approving Final Plat for SHINGLE CREEK CROSSING 4TH ADDITION Recommendation: It is recommended that the City Council consider approval of the final plat for SHINGLE CREEK CROSSING 4TH ADDITION. Background: The attached final plat for SHINGLE CREEK CROSSING 4TH ADDITION was developed and is the replatting of two lots. The Brooklyn Center City Council approved the proposed preliminary plat based upon certain conditions (see attached City Council Resolution No. 2013- 129). The Brooklyn Center Planning Commission has also reviewed and recommended the SHINGLE CREEK CROSSING 4TH ADDITION plat (see attached Planning Commission Resolution' No. 2013-20). The applicant is now seeking final plat approval from the City Council. The final plat is in general conformance to the approved preliminary plat. The final plat is recommended for approval subject to the conditions established by the City Engineer, conditions established by the City Attorney, conditions as previously approved by the City Council, and any conditions established by Hennepin County and the Minnesota Department of Transportation for recording of the plat documents. Prior to release of the final plat for recording, an updated title commitment must be provided by the applicant (within the past 30 days) and reviewed. Budget Issues: The applicant has paid a final plat application fee of $125 and must reimburse the City for any additional engineering, administrative, legal or other fees associated with the filing and recording of the final plat. Strategic Priorities: • Focused Redevelopment . — Mission: 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 APPROVING FINAL PLAT FOR SHINGLE CREEK CROSSING 4TH ADDITION WHEREAS, the City Council approved the proposed preliminary plat for SHINGLE CREEK CROSSING 4TH ADDITION based on certain conditions as set forth in the City Council Resolution No. 2013-129 and WHEREAS, the applicant has applied for approval of the final plat for SHINGLE CREEK CROSSING 4TH ADDITION as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the final plat for SHINGLE CREEK CROSSING 4TH ADDITION is hereby approved, subject to the following conditions: 1.Conditions as previously required by the City Council pertaining to the development's Preliminary Plan approval in accordance with City Council Resolution No. 2013-129. 2.Conditions as previously recommended by the Planning Commission pertaining to the plat in accordance with Planning Commission Resolution No. 2013-20. 3.All recommendations and conditions as noted in the City Engineer's preliminary plat review memorandum dated October 9, 2013. 4.Evidence of title satisfactory to the City Attorney and City Engineer. 5.Any other conditions as established by Hennepin County for recording of said Final Plat. 6.Prior to release by the City of the final, approved plat, the owner must reimburse the City the full amount of legal fees incurred by the City in obtaining a review or opinion of title. January 13, 2014 Date ATTEST: Mayor. City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2013-129 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-021 SUBMITTED BY GATLIN DEVELOPMENT COMPANY A REQUEST FOR PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 4th ADDITION WHEREAS, Planning Commission Application No. 2013-021 submitted by Gatlin Development Company, requesting approval of a Preliminary Plat of a new subdivision to be titled SHINGLE CREEK CROSSING 4th ADDITION, which is a replat of two lots within the Shingle Creek Crossing Planned Unit Development project site; and WHEREAS, the Planning Commission held a duly called public hearing on October 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 4 th ADDITION, which were received and noted for the record; and WHEREAS, the Planning Commission determined during its review of the preliminary plat materials submitted with Planning Application No. 2013-021, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 - Platting; and WHEREAS, the Planning Commission did adopt Planning Commission Resolution No. 2013-20, which provides a favorable and unanimous recommendation to the City Council that Planning Commission Application No. 2013-021, as submitted by Gatlin Development Company requesting Preliminary Plat consideration of a new subdivision to be titled SHINGLE CREEK CROSSING 4th ADDITION, may be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2013-021 submitted by Gatlin Development Company, requesting approval of a Preliminary Plat of a new subdivision to be titled SHINGLE CREEK CROSSING 4th ADDITION, is hereby approved subject to the following conditions: 1.All recommendations and conditions as noted in the City Engineer's review memorandum, dated October 9, 2013 shall be complied with or completed as part of any final plat approvals. 2.Any easements that may 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. RESOLUTION NO. 2013-129 3.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 4.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 5. 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). October 28, 2013 Date Mayor ATTEST: The motion for the adoption of the foregoing resolution was duly seconded by member Kris Lawrence-Anderson and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowsici, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. Commissioner Morgan introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2013-20 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-021 SUBMITTED BY GATLIN DEVELOPMENT COMPANY A REQUEST FOR PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 4th ADDITION WHEREAS, Planning Commission Application No. 2013-021 submitted by Gatlin Development Company, requesting approval of a Preliminary Plat of a new subdivision to be titled SHINGLE CREEK CROSSING 4th ADDITION, which is a replat of two lots within the Shingle Creek Crossing Planned Unit Development project site; and WHEREAS ; the Planning. Commission held a duly called public hearing on October 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 4 th ADDITION, which were received and noted for the record; and WHEREAS, the Planning Commission has determined during hs review of the preliminary plat Materials submitted with Planning Application No. 2013-021, 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. 2013-021 as submitted by Gatlin Development Company requesting Preliminary Plat consideration ola new subdivision to be titled SHINGLE CREEK CROSSING 4th ADDITION, be approved based upon the following conditions:* I. All recommendations and conditions as noted in the City Engineer's review memorandum, dated October 9, 2013 shall be complied with or completed as part of any final plat approvals. 2.Any easements that may 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. 3.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 4. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances, PC RESOLUTION NO. 2013-20 5. 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). October 17, 2013 Date Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Schonning and upon vote being taken thereon, the following voted in favor thereof: Chair Burfeind, Commissioners Christensen, Freedman, Morgan and Schonning and the .following voted against the same: None Whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6k ( COUNCIL ITEM MEMORANDUM DATE: January 6, 2014 TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Director SUBJECT: Labor Agreement Public Works Maintenance Employees 2014 Recommendation: It is recommended that the City Council consider adoption of the resolution approving the contract between the City of Brooklyn Center and International Union of Operating Engineers Local 49 for the period January 1, 2014— December 31, 2014. Background: The current contract with the subject expired on December 31, 2013. The City and the Union have met and negotiated in good faith to reach a settlement on all issues of concern. This labor agreement covers all public works maintenance employees for a total of 25 employees. The attached agreement has been approved by a vote of the member and upon adoption by the City Council will establish wages and working conditions for the next year. The Articles affected by these negotiations include the following: Article 25 — Insurance Increase the insurance contribution by $58 to $852. Also, continue to provide an incentive of $150 for those employees participating in a high deductible health plan. Article 28 — Wage Schedule $0.65/hour increase for Maintenance II wage effective January 1, 2014. $0.60/hour increase for Mechanic wage effective January 1, 2014. Existing scheduled pay steps will be processed accordingly. Article 32— Duration One year labor agreement January 1, 2014— December 31, 2014. Budget Issues: In 2014 the cost of the wage adjustment is approximately $33,488. The increase in the City's insurance contribution equals $18,900. The 2014 budget appropriates sufficient funds to cover this expense. 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 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2014 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn. Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City has negotiated in good faith with IUOE Local 49 (Public Works Maintenance) for a contract for the year 2014 as attached. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center approves the attached contract with IUOE Local 49 (Public Works Maintenance) for the calendar year 2014. BE IT FURTHER RESOLVED that authorized wage and benefit adjustments not to exceed the maximum contained herein shall become effective according to the schedule of the contract which commences January 1, 2014. January 13, 2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. December 26, 2013 Kent Korman, Business Representative IUOE Local 49 2829 Anthony Lane South Minneapolis, MN 55418-3285 Dear Kent: Listed below are the changes we've discussed for the 2014 tentative labor agreement. ARTICLE 17— Special Clothing We've agreed to engage in discussions with the union stewards regarding the purchase of winter high visibility safety jackets for this winter. ARTICLE 25 — Insurance 25.1 2014 Full-time employees Effective 1/1/14, the City will contribute payment of one thousand and two dollars ($1,002) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a high deductible health plan. Effective 1/1/14, the City will contribute payment of eight hundred fifty-two dollars ($852) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a non-high deductible health plan. ARTICLE 28- Wage Schedule - Effective January 1, 2014 $.65/hour increase for Maintenance II wage. Starting, Step 1, 2 and 3 will also receive the $.65/hour increase. $.60/hour increase for Mechanic wage. Maintenance III will continue to follow the Mechanic wage rate. ARTICLE 35— Duration One year agreement January 1, 2014 — December 31, 2014. Please let me know if you have any questions. Sincerely, Kelli Wick Human Resources Director Cc: Curt Boganey, City Manager Vickie Schleuning, Assistant City Manager/Building & Community Standards Director Steve Lillehaug, Public Works Director/City Engineer IUOE 49 2013 Negotiations 11/15/2013 Actual Proposed City 2013 Increase 2014 Increase Union Brooklyn Center 1.5% + $.024/hr mkt2% budgeted IUOE 49 Crystal 1%2%IUOE 49 settled Fridley 2%unknown non-union Golden Valley 1%unknown non-union Maplewood 1% on 1/1; 1% on 7/12%AFSCME settled New Hope 0%unknown IUOE 49 Richfield 2%2% budgeted IUOE 49 Roseville 2%2% budgeted IUOE 49 Shoreview 2%unknown non-union White Bear Lake 2%2% budgeted IUOE 49 Labor Agreement Between the City of Brooklyn Center And the International Union of Operating Engineers (IUOE) Local No. 49 January 1, 2014 - December 31, 2014 TABLE OF CONTENTS ARTICLE PAGE 1 Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Savings Clause 2 5 Union Security 2 6 Employer Security 2 7 Employer Authority 2 8 Seniority 3 9 Discipline 3 10 Employee Rights - Grievance Procedure 3 11 Job Posting 6 12 Probationary Periods 6 13 Right of Subcontract 6 14 Safety 6 15 Work Schedules 6 16 Relief and Meal Periods 7 17 Special Clothing 7 18 Overtime Pay 7 19 Call Back 8 20 Standby Pay 8 21 Holiday Leave 8 22 Vacation Leave 9 23 Sick Leave 9 24 Severance Pay 10 25 Insurance 10 26 Seasonal/Temporary Employees 11 27 Part-time Employee Benefits 11 28 Wage Schedule 11 29 Working Out of Classification Pay 11 30 Legal Defense 12 31 Waiver 12 32 Injury on Duty 12 33 Local 49 Central Pension Fund 13 34 Post Employment Health Care Savings Plan (PEHCSP)13 35 Duration 15 ARTICLE 1 - Purpose of Agreement This Agreement is entered into between the City of Brooklyn Center hereinafter called the Employer, and Local No. 49, International Union of Operating Engineers, hereinafter called the Union. 1.1 Purpose a.Establish certain hours, wages and other conditions of employment; b.Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; c.Specify the full and complete understanding of the parties; and d.Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2 - Recognition The Employer recognizes the Union as the exclusive representative for all Employees in the job classifications listed below who are public Employees within the meaning of Minnesota Statute 179A.03, Subdivision 14 excluding supervisory, confidential and all other employees: Mechanic, Maintenance I, Maintenance II, Maintenance III, and Night Service Person. ARTICLE 3 - Definitions 3.1 Union: The International Union of Operating Engineers, Local No. 49. 3.2 Employer: The individual municipality designated by this Agreement. 3.3 Union Member: A member of the International Union of Operating Engineers, Local No. 49. 3.4 Employee: A member of the exclusively recognized bargaining unit. 3.5 Base Pay Rate: The Employee's hourly pay rate exclusive of longevity or any other special allowance. 3.6 Seniority: Length of continuous service in any of the job classifications covered by Article 2 - Recognition. Employees who are promoted from a job classification covered by this Agreement and return to a job classification covered by this Agreement shall have their seniority calculated on their length of service under this Agreement for purposes of promotion, transfer and lay off and total length of service with the Employer for other benefits under this Agreement. 3.7 Severance Pay: Payment made to an Employee upon honorable termination of employment. 1 3.8 Overtime: Work performed at the express authorization of the Employer in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 3.9 Call Back: Return of an Employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. ARTICLE 4- Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE 5- Union Security In recognition of the Union as the exclusive representative the Employer shall: 5.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the wages of all Employees authorizing in writing such deduction, and 5.2 Remit such deduction to the appropriate designated officer of the Union. 5.3 The Union may designate certain Employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 5.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE 6 - Employer Security The Union agrees that during the life of this Agreement it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the Employer. ARTICLE 7- Employer Authority 7.1 The Employer retains the full and unrestricted right to operate and manage all workforce, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. 2 7.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 8 - Seniority 8.1 Seniority will be the determining criterion for transfers, promotions and lay offs only when all job-relevant qualification factors are equal. 8.2 In the event of a lay-off the Employer will lay-off on the basis of seniority across all three divisions within the public works department for employees that are represented by I.U.O.E. Local 49. 8.3 Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled Employees shall have ten (10) working days after notification of recall by registered mail at the Employee's last known address to report to work or forfeit all recall rights. Recall rights will be based on seniority across the three divisions within the public works department for employees that are represented by I.U.O.E. Local 49. ARTICLE 9 - Discipline 9.1 The Employer will discipline Employees only for just cause. 9.2 An Employee(s) will not be required to participate in an investigatory interview by the Employer where the information gained from the interview could lead to the discipline of the Employee(s) unless the Employee(s) is given the opportunity to have a Union Representative present at the interview to act as a witness for the Employee(s). ARTICLE 10 - Employee Rights-Grievance Procedure 10.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 10.2 Union Representatives The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so designated. 10.3 Processing of a Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the Employee and the Union Representative have notified and 3 received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 10.4 Procedure Grievances, as defined by Section 10.1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occuned, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer- designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer- designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the Employer's final answer in Step 4. Any grievance not appealed in writing to Step 5 by the Union within ten (10) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. If the parties cannot agree upon an arbitrator, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. If the parties 4 cannot agree upon an Arbitrator, then the parties may request a list of Arbitrators from the Bureau of Mediation Services. 10.5 Arbitrator's Authority A.The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B.The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 10.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual Agreement of the Employer and the Union. 10.7 Choice of Remedy If, as a result of the Employer response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of Section 10.4 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of Section 10.4 the grievance is not subject to the arbitration procedure as provided in Step 5 of Section 10.4. The aggrieved Employee shall indicate in writing which procedure is to be utilized--Step 5 of Section 10.4 or another appeal procedure--and shall sign a statement to the effect that 5 the choice of any other hearing precludes the aggrieved Employee from making a subsequent appeal through Step 5 of Section 10.4. ARTICLE 11 - Job Posting 11.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion or transfers from within provided that applicants have the necessary qualifications to meet the standards of the job vacancy, have the ability to perform the duties and responsibilities of the job vacancy. 11.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article 12- Probationary Periods. 11.3 The Employer has the right of final decision in the selection of Employees to fill posted jobs based on qualifications, abilities and experience. 11.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 12 - Probationary Periods 12.1 All newly hired or rehired Employees will serve a twelve (12) months' probationary period. 12.2 All Employees will serve a twelve (12) months' probationary period in any job classification in which the Employee has not served a probationary period. 12.3 At any time during the probationary period a newly hired or rehired Employee may be terminated at the sole discretion of the Employer. 12.4 At any time during the probationary period a promoted or reassigned Employee may be demoted or reassigned to the Employee's previous position at the sole discretion of the Employer. ARTICLE 13 - Right of Subcontract Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by Employees covered by this Agreement. ARTICLE 14- Safety The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. ARTICLE 15 - Work Schedules 15.1 The sole authority of work schedules is the Employer. The normal work day for an Employee shall be eight (8) hours. The normal workweek shall be forty (40) hours Monday through Friday. 15.2 Service to the public may require the establishment of regular shifts for some Employees on a daily, weekly, seasonal, or annual basis other than the normal 7:00 - 3:30 day. The Employer will give seven (7) days advance notice to the Employees affected by the establishment of work days different from the Employee's normal eight (8) hour work day. 15.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an Employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each Employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the Employee from so working. 15.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE 16 - Relief And Meal Periods 16.1 Two relief periods not to exceed fifteen (15) minutes are authorized at a practicable time within each Employee's shift. One relief period may be taken during the first half of the shift and the second relief period may be taken during the second half of the shift. 16.2 Each Employee shall be authorized one unpaid thirty (30) minutes meal period per shift. ARTICLE 17— Special Clothing The Employer will purchase and maintain sufficient sets of work coveralls to be available and specifically assigned for wear by Employees, other than mechanics, when engaged in unusually dirty tasks for the respective job classification. A determination of coverall assignments shall rest exclusively with the Employer. Mechanics shall be provided with uniforms by the Employer up to 11 pants and 11 short and long-sleeved shirts per week. ARTICLE 18- Overtime Pay 18.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one-half (1-1/2) times the Employee's regular base pay rate. For the purposes of this section, "hours worked" shall include hours designated as holiday, sick or vacation time off. 18.2 Overtime will be distributed as equally as practicable. 18.3 Overtime refused by Employees will for record purposes under Article 18.2 be considered as unpaid overtime worked. 18.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 18.5 Employees will be paid in accord with Article 21 for work on holidays. 7 18.6 As an option to monetary compensation for overtime, an Employee may elect compensatory time off at a rate of one and one-half (1 1/2) the amount of overtime worked or two (2) times the amount of overtime worked for holidays paid in accordance with Article 21. Maximum compensatory time accumulated shall not exceed forty (40) hours at anytime. However, if an employee uses some hours they will be allowed to accrue back to the 40 hour maximum. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer designated supervisor. Compensatory time must be used by the end of December. Any remaining compensatory time will be paid to the employee no later than the last pay period before December 31 of each year. 18.7 Employees leaving the service of the Employer shall be compensated for all comp time hours accrued as of the date of separation. ARTICLE 19- Call Back An Employee called in for work at a time other than the Employee's normal scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one-half (1-1/2) times the Employee's base pay rate. ARTICLE 20- Standby Pay Public Utility Employees who are designated by their supervisor to serve in a "standby" status on behalf of the City on a weekend will receive as compensation for such service five and one half (5 1/2) hours of overtime pay for the period beginning the end of the work day on Friday and ending the start of the work day on Monday when serving in such status. Public Utility Employees who are designated by their supervisors to serve in a "standby" status on behalf of the City on a week night (Monday, Tuesday, Wednesday, or Thursday) that is not a holiday will receive as compensation for such service one (1) hour of overtime pay for each week night served in such status. Public Utility Employees who are designated by their supervisors to serve in a "standby" status on behalf of the City on a holiday will receive as compensation for such service two (2) hours of overtime pay for each holiday served in such status. Such standby pay shall be in addition to other compensation which the Employee is entitled to under this Agreement. ARTICLE 21 - Holiday Leave Holidays Defined. Holiday leave shall be granted for the following holidays: New Year's Day, January 1; Martin Luther King, Jr. Day, third Monday in January; Washington's and Lincoln's Birthdays, third Monday in February; Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, first Monday in September; Christopher Columbus Day, second Monday in October; Veteran's Day, November 11; Thanksgiving Day, fourth Thursday in November; Post- Thanksgiving Day, Friday after fourth Thursday in November; Christmas Day, December 25; and one floating holiday annually to be scheduled with permission of the Employee's supervisor. When New Year's Day, Independence Day, Veteran's Day, or Christmas Day fall on Sunday, the following day shall be observed as a holiday. When they fall on Saturday, the preceding day shall be observed as a holiday. Employees' absence from work on the day following or the day preceding such a three-day holiday weekend without the express authorization of the Employer shall forfeit rights to holiday pay for that holiday. 8 Employees working a normal Monday through Friday workweek, who are required to be on duty on any holiday, shall be paid time and one-half for the hours worked in addition to the base pay rate, except that such employees who are required to be on duty on New Year's Day, Thanksgiving Day, or Christmas Day, shall be paid -twice the employee's regular pay for the hours worked in addition to the base pay rate. ARTICLE 22- Vacation Leave 22.1 Amount. Permanent Employees shall earn vacation leave at a rate of 6.67 hours for each calendar month of full-time service or major fraction thereof. Permanent Employees with five consecutive years of service through ten consecutive years of service shall earn vacation at the rate of 120 hours per year. Permanent Employees with more than ten consecutive years of service shall earn vacation leave according to the following schedule: During 11th year of service 128 hours per year. During 12th year of service 136 hours per year. During 13th year of service 144 hours per year. During 14th year of service 152 hours per year. During 15th year of service 160 hours per year. Employees using earned vacation leave or sick leave shall be considered to be working for purposes of accumulating additional vacation leave. 22.2 Usage. Vacation leave may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. Employees shall not be permitted to waive vacation leave and receive double pay. 22.3 Accrual. An Employee may accumulate no more than a maximum of 230 hours of vacation leave that can be carried over from year to year. 22.4 Termination Provisions. Employees leaving the service of the Employer in good standing, after having given the Employer proper notice of termination of employment, shall be compensated for vacation leave accrued and unpaid, computed to the date of separation. ARTICLE 23- Sick Leave 23.1 Eligibility. Sick leave with pay shall be granted to probationary and permanent Employees at the rate of eight hours for each calendar month of full-time service or major fraction thereof. 23.2 Usage. Sick leave may be used normally for absence from duty because of personal illness, injury, or legal quarantine of the Employee, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents-in-law, spouse, or children of the Employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers-in-law, sisters-in-law, grandparents, grandparents-in-law, and grandchildren of the Employee. 9 23.3 Accrual. Sick leave shall accrue at the rate of eight hours per month until 960 hours have been accumulated. After 960 hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month, and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month. Employees using earned vacation leave or sick leave shall be considered to be working for the purposes of accumulating additional sick leave. Worker's Compensation benefits shall be credited against the compensation due Employees during sick leave. 23.4 Procedure. In order to be eligible for sick leave with pay, Employees must: 1.Notify their superior prior to the time set for the beginning of their normal work day. 2.Keep their superior informed of their condition. 3. The City Manager may require a medical certificate as may be deemed necessary before approving the utilization of sick leave consistent with the Family Medical Leave Act. 23.5 Misuse Prohibited. Employees claiming sick leave when physically fit, except as otherwise specifically authorized in 23.2 shall be subject to disciplinary action up to and including discharge. ARTICLE 24- Severance Pay Severance pay in the amount of one-third the accumulated sick leave Employees have to their credit at the time of resignation shall be paid to Employees who have been employed for at least five consecutive years. If discharged for cause, severance pay shall not be allowed. Employees hired after 1/1/1992 and having 25 years of continuous service at the time of separation, shall be paid 40% of their accumulated sick leave into the City authorized Post Employment Health Care Savings Plan (PEHSCP) if a plan is established. In the event that the retiree benefit in effect on September 1, 2005 is completely eliminated by the employer for employees hired before 1/1/92, the sick leave severance pay for employees hired prior to 1/1/92 and having 25 years of continuous service will be paid at 40% of their accumulated sick leave into the City authorized PEHSCP (if a plan is established). If discharged for cause, severance pay shall not be allowed. ARTICLE 25 - Insurance 25.1 2014 Full-time employees Effective 1/1/14, the City will contribute payment of one thousand and two dollars ($1,002) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a high deductible plan. Effective 1/1/14, the city will contribute payment of eight hundred fifty-two dollars ($852) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a non-high deductible health plan. 10 25.3 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use in participating in the City's insurance benefits. ARTICLE 26 - Seasonal/Temporary Employees Employees employed by the Employer on a seasonal/temporary basis for no more than 180 calendar days per calendar year either in a full-time or part-time capacity (more than 14 hours per week) will be compensated as determined by the Employer for the term of this employment. Such Employees will not be eligible for any benefits under this Agreement except those which may be required by law or those which are specifically outlined below. ARTICLE 27- Part-Time Employee Benefits Part-time Employees shall not be eligible to receive fringe benefits under this Agreement. ARTICLE 28 - Wage Schedule — Effective January 1, 2014 ($0.65/hour increase to Maintenance II; $0.60/hour to Mechanic) Maintenance III $26.54 Maintenance II Step 3 Step 2 Step 1 Start Mechanic Night Service Person $25.26 $23.57 $21.92 $20.25 $18.59 $26.54 $25.26 Crew Leader: An Employee assigned in writing by the Department Head or Public Works Superintendent to assist a supervisor as crew leader will be paid $1.50 per hour over their base wage of their regular position while performing such duties. Night Service Person: A night service person who is assigned in writing by the supervisor to do mechanics work will receive mechanics hourly rate of pay for time working such assignment. ARTICLE 29 - Working Out of Classification Pay Employees required by the Employer and who are adjudged by the Employer to be qualified to operate the following items of equipment will be paid the Maintenance III rate of pay for those hours assigned to the unit: Equipment Requiring Class "A" CDL Aerial Bucket Truck-Mounted Vactor Backhoes Crawler Dozer Patch Truck Motor Grader Sewer Jet Caterpillar 4950B Front-End Loader Caterpillar Front-End Loader Model 928 Street Sweeper/Pick-up or Vac Type Welding 11 Employees required by the Employer and who are adjudged by the Employer to be qualified to operate the following items of equipment will be paid the Maintenance II rate of pay for those hours assigned to the unit: Blacktop Paver Bombardier or MT Trackless Sidewalk Truck (20' reach and over) and Trail Units Or similar Boom Type Units Sewer Rodding machine Brush Chipper Tandem Axle Trucks Mower over 10' cutting width Tree Spade Paint Striper - Truck Mounted Farm Type Tractors Trucks - Single - Axle Over 26,000 GVW Skid Steer Employees assigned by the Employer to Utility Operator will be paid the wage rate of the job classification to which the Employee is assigned. ARTICLE 30 - Legal Defense 30.1 Employees involved in litigation because of negligence, ignorance of laws, non- observance of laws, or as a result of Employee judgmental decision may not receive legal defense by the municipality. 30.2 Any Employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the Employee's employment, when such act is performed in good faith and under direct order of the Employee's supervisor, shall be provided with a City assigned representative to accompany the employee and shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such Employee in defending against such charge. ARTICLE 31- Waiver 31.1 Any and all prior Agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 31.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE 32— Injury on Duty Employees injured while performing the official duties of their employment with the Employer and who are thereby rendered unable to work and are eligible for Workers' Compensation shall 12 receive their regular wages and benefits for up to sixty (60) working days after an initial three (3) day eligibility period, pending doctor's authorization. The three (3) day eligibility will be taken from the Employee's own accrued sick leave. While out on injury on duty, all monies received from Workers' Compensation shall be turned over to the City of Brooklyn Center. ARTICLE 33— Local 49 Central Pension Fund The Employer and the Union have explored the feasibility and process necessary for implementation of the language and contributions required for employee participation in the International Union of Operating Engineers Central Pension Fund (hereinafter CPF). It was determined by the Employer and the Union that it is in the best interests of the employees to reduce their wages in order to allow Union members to participate in the CPF. The parties agree that the amount that would otherwise be paid in salary or wages will be contributed instead to the CPF as pre-tax employer contributions. The CPF is a supplemental Pension Fund authorized by Minnesota Statutes, 356.24, subdivision 1(9). Effective January 1, 2006, a pension contribution of ninety-six cents ($0.96) per hour, will commence. The hourly contribution rate will be applied to all compensated hours. (Cap has been raised to $5,000 per year.) The Employer shall pay this contribution directly to the I.U.O.E. Central Pension Fund. The Union agrees to indemnify and hold the Employer, its Officers, Agents, and employees harmless against any claims, suits, orders or judgments, brought against the Employer as a result of any action taken or not taken by the Employer on the specific provisions of this Article. This "hold harmless" clause does not hold the Employer harmless for failing to transfer the agreed contributions to the I.U.O.E. Central Pension Fund. It is agreed that for purposes of determining future wage rates, the Employer shall first restore the amount of the wage deduction, then apply the applicable wage multiplier, then reduce the revised wage by the CPF contribution rate. It is further agreed that for purposes of calculating overtime compensation the Employer shall first restore the amount of the wage reduction then apply the applicable 1.5 or 2 wage multiplier required under the Fair Labor Standards Act and the collective bargaining agreement, then pay the resulting amount of overtime worked. The CPF Plan of Benefits and the Agreement and Declaration of Trust will serve as the governing documents. ARTICLE 34— Post Employment Health Care Savings Plan (PEHCSP) The Post Employment Health Care Savings Plan (PEHCSP) is established to help defray the cost of medical expenses and health insurance premiums for employees, spouses and dependents after the employee leaves employment with the City of Brooklyn Center. 1. Participation Eligibility Regular full-time benefit earning employees may have contributions made on their behalf into the PEHCSP. Participants must be 21 years of age or older. Unless noted otherwise in this policy, the minimum period of service required to participate in the plan is 60 days. 13 Every eligible employee in an employee group is required to participate in the PEHSCP for their group as outlined in this applicable labor agreement. 2.PEHCSP Contributions When appropriate, each employee will have an account established in his or her name Unless specifically noted otherwise, contributions (and earnings) to an employee's PEHCSP account are not taxable income. 3.Accessing Funds a.Employees may access the funds in their PEHCSP account when they are eligible to retire under the Public Employees Retirement Association's (PERA) rules. b.Unless prohibited by the IRS, employees leaving employment with the City prior to being eligible for retirement through PERA, for the reasons noted below, may make withdrawals on a tax-free basis for eligible health-related expenses. •Upon termination of employment. •If employee is collecting a disability. •If employee is on a medical leave (six months or longer) •If employee is on a leave of absence (one year or longer). •If the employee returns to work and is earning medical benefits, they are no longer eligible to make withdrawals from their PEHCSP account. The IRS does not allow these funds to be rolled into any other type of plan, including an IRA. c. Access following death. The surviving spouse and eligible dependents continue to access the account for eligible expense reimbursements until the PEHCSP account is exhausted. Such reimbursements are not taxable. Unless prohibited by the IRS, reimbursements may also be made to a beneficiary other than a surviving spouse or eligible dependent. However, such reimbursements would be taxable to the recipient. 4. Eligible Expenses Reimbursed by Plan Funds in a PEHCSP account may be used to reimburse: 1.Insurance premiums (health insurance premiums, Medicare supplemental insurance premiums, Medicare Part B insurance premiums, COBRA and Chapter 488 insurance premiums, long term care insurance premiums (not long term care expenses), and dental insurance premiums. 2.Most qualifying medical expenses as defined in Internal Revenue Code Section 213 (i.e. medical costs that would otherwise be deductible to the employee on his or her individual income tax return). A third-party claims administrator will handle claims administration. 14 5.No Opt-out Employees and retirees in groups covered by the PEHCSP program are not permitted to opt-out of the program. Participation is mandatory. 6.Program Administration Along with the Human Resources Division, the company selected will administer the PEHCSP program. The employee controls how the money is invested similar to the section 457 deferred compensation plan. The employee receives an account statement from the company for his or her PEHCSP account. 7.Administrative Fees Please contact the vendor selected for current administrative and mutual fund fees. 8.Plan Modifications The details of the Vendor's administration of the PEHCSP as well as other features of the plan are set forth in the PEHCSP materials as provided. These details and IRS regulations regarding the PEHCSP may be revised, necessitating the revision to this policy or other agreements between employee groups and the City. The City reserves the right to modify its policy to comply with any other regulations regarding the plan and to add contribution requirements. 9. Contribution Formulas 1.No contribution formulas currently. 2.Severance Pay. No severance contributions currently elected. ARTICLE 35- Duration This Agreement shall be effective as of January 1, 2014, and shall remain in full force and effect until the 31st day of December 2014. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 2014. FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, Business Manager Business Representative Union Steward Union Steward FOR THE CITY OF BROOKLYN CENTER Mayor City Manager 15 City Council Agenda Item No. 61 COUNCIL ITEM MEMORANDUM DATE: January 6, 2014 TO: City Council FROM: Curt Boganey, City Manager ,/ 73 SUBJECT: Restated Sister City Resolution with Articles of Understanding Recommendation: It is recommended that the City Council consider adoption of the Restated Resolution Establishing a Sister City Relationship with the City of Voinjama in the County of Lofa, Republic of Liberia. Background: On January 18 th a Sister City contingent from Brooklyn Center will be traveling to Liberia at the invitation of Liberia Vice President His Excellency, Joseph Boakai and our City Sister City hosts from The City of Voinjama, Lofa County. This visit is being facilitated by the Minnesota non- profit group New Horizons Resource Group under the leadership of CEO and President, The Reverend Alexander Collins. To help clarify and refine our mutual expectations the attached resolution with five articles of understanding has been drafted. If adopted the Mayor is authorized to sign the MOU (exhibit enclosed) as part of a significant signing ceremony during our upcoming visit. This MOU serves to confirm that each party is willing to work toward achieving the Sister City Goal of developing a mutually rewarding exchange. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Civic Engagement SiSter.City.mou.01.06.14 Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING A SISTER CITY RELATIONSHIP BETWEEN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, UNITED STATES OF AMERICA, AND THE CITY OF VOINJAMA, LOFA COUNTY, REPUBLIC OF LIBERIA WHEREAS, a Sister City Program has existed in the United States of America since 1956 when U.S. President Dwight D. Eisenhower proposed a People-to-People citizen diplomacy initiative; and WHEREAS, the purpose of a Sister City Relationship is to establish a long- term, mutually beneficial partnership between two communities; and WHEREAS, the Vice President of Liberia, His Excellency Joseph N. Boakai, along with the Minnesota based Voinjama-Brooklyn Center Sister City Committee comprised of a broad spectrum of Liberian Community representatives led by Alexander B. Collins have requested the establishment of a Sister City Relationship with the City of Brooklyn Center; and WHEREAS, a Sister City Relationship between the cities of Brooklyn Center and Voinjama will benefit both cities in the following ways: 1.Inclusion and Responsibility, 2.Nurturing of Municipal Partnerships, 3.Cultural Exchange, 4.Transformational Benefits; and WHEREAS, the potential activities envisioned by this relationship include, but are not limited to public official exchange visits, cross cultural training activities, sharing of best practices in municipal leadership, an expansion of Brooklyn Center Liberian native residents' participation in Brooklyn Center Civic/Community/Governmental activities, and mutual recognition of the relationship by the symbolic designation of a public asset in honor of this relationship; and WHEREAS, except for staff time, no expenditure of tax dollars is expected to occur in support of carrying out specific Sister City programs or activities, but private donations to the City may be used in support of these Council-approved activities; and WHEREAS, the Brooklyn Center City Council originally adopted this resolution on December 10, 2012, and now restates said resolution for the purpose of incorporating Articles of Understanding as requested by the representatives of the City of Voinjama expressing their desire to foster relations, ties of friendship, cooperation and mutual understanding between the two cities on areas of culture, sciences, education, health, tourism and sport. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Council does hereby establish a Sister City RESOLUTION NO. Relationship with the City of Voinjama, Lofa County, Republic of Liberia with the following understanding and authorizes the Mayor to sign a Memorandum of Understanding confirming our commitment. ARTICLE 1 The parties shall encourage cooperation in areas of culture, arts and sciences through the exchange of delegations and experiences of exhibitions, festivals, seminars, and conferences. ARTICLE 2 The parties shall encourage cooperation in the area of education through the exchange of delegations and experiences with a view to getting acquainted with the cultures and histories of the people of both cities. ARTICLE 3 The parties shall encourage cooperation in the area of health and medicine through the exchange of delegations, studies and experiences and participation in conferences held in the two cities. ARTICLE 4 The parties shall encourage cooperation in the areas of sports, tourism and youth through the exchange of delegations and the coordination of participation in relevant activities. ARTICLE 5 New Horizons Resource Group shall serve as the intermediary between the two cities for the purpose of coordinating visiting delegations, with the understanding that sending city delegations will be responsible for travel expenses and receiving cities will work with New Horizons Resource Group to arrange accommodations and internal transportation. Further, New Horizons Resource Group will work with the two cities to annually develop a cooperation program classifying fields of cooperation and relations. January 13, 2014 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. IfiROOKIf Mtn MEMORANDUM OF UNDERSTANDING ESTABLISHING A SISTER CITY RELATIONSHIP BETWEEN BROOKLYN CENTER, HENNEPIN COUNTY, STATE OF MINNESOTA UNITED STATES OF AMERICA AND VOINJAMA, LOFA COUNTY, REPUBLIC OF LIBEIA WHEREAS, the Brooklyn Center City Council originally adopted a resolution on December 10, 2012, establishing a Sister City Relationship between The City of Brooklyn Center, Hennepin County, State of Minnesota and The City of Voinjama, Lofa County, Republic of Liberia and has restated said resolution for the purpose of incorporating Articles of Understanding as requested by the representatives of the City of Voinjama expressing our desire to foster relations, ties of friendship, cooperation and mutual understanding between the two cities on areas of culture, sciences, education, health, tourism and sport; and WHEREAS, the City of Brooklyn Center is an inclusive community with one of the largest percentages of foreign-born residents in the State of Minnesota, estimated at nearly 23% and of these foreign born residents approximately 8% are from Africa with Liberian born residents composing the largest number of native Africans; and WHEREAS, the City of Brooklyn Center has invested substantial resources to connect, understand, inform, and engage immigrant and minority communities through such programs as the New Americans Academy, Joint Community Police Partnership, Multi-Cultural Advisory Committee; and WHEREAS, the Republic of Liberia has a long historical tie with the United States of America that is deeper than any African nation beginning in 1820 when the American Colonization Society began sending freed slaves and repatriated Americans of African descent, which led to the passage of a Declaration of Independence and Constitution in 1847 modeled on the political principles of the United States Constitution; and WHEREAS, the Vice President of the Republic of Liberia, His Excellency Joseph Nyumah Boakai, through a meeting arranged by New Horizons Resource Group (NHRG)-a nonprofit organization in Minnesota, met with and asked the City of Brooklyn Center for a Sister City relation with the City of Voinjama, Lofa County, Liberia and ensured a subsequent visit to the City of Brooklyn Center, Minnesota by former Deputy Internal Affairs Minister for Urban Affairs Hon. Florence Dukuly and the Mayor of Voinjama- Hon. Younger Sherman; and WHEREAS, Voinjama City Mayor Younger Sherman, on behalf of the City Council and the hardworking people of Voinjama, Lofa County met with Mayor Tim Willson and the City Council of Brooklyn Center, Minnesota as a follow-up to Vice President Boakai's Sister City initiative and presented a passed resolution by the Voinjama City Council requesting a Sister City relation with Brooklyn Center, Minnesota; and WHEREAS, the Voinjama delegation to Brooklyn Center, Minnesota and the Sister City resolution presented were warmly and graciously received and the City Council of Brooklyn Center passed resolution establishing a Sister City with Voinjama in 2012; and WHEREAS, the cities of Brooklyn Center, with approximately 30,64342012) residents, and a historical link to farming and Voinjama, Lofa County with approximately 26,594 (2008) residents, considered to be the farming land or bread basket of Liberia are similar in size of population and agricultural background; and a sister city relationship is expected to strengthen and deepen the emotional connection that Liberians have to the City of Brooklyn Center thereby further strengthening the community fabric of Brooklyn Center; and WHEREAS, New Horizons Resource Group (NHRG)-a Minnesota Non-profit organization leads a sister team including representatives of the Organization of Liberians in Minnesota; Liberian Ministers Association; African Career, Education & Resource, Inc.; African Assistance Program; Liberian Women Initiative –of Minnesota; Liberian Muslim Community in Minnesota; Lofa County Association in Minnesota; and, Redeemed Life Church was formed to work on behalf of Vice President Boakai, Mayor Younger Sherman and the resilient people of Lofa County to work with the City of Voinjama to pursue a sister city relationship with the City of Brooklyn Center; and WHEREAS, the Voinjama-Brooklyn Center Sister City Minnesota team includes Rev. Alexander Collins-Chair---CEO and President, New Horizons Resource Group (NHRG), Mrs. Louise Tamba-Director of Community Engagement- NHRG, Mr. Mike Fuah--Board Member-NHRG, Mr. Zubah G. Kpanaku-Board Chairman Organization of Liberians in Minnesota, Doctor Emmanuel J. Tamba-- Advisor to NHRG, Reverend Dr. James Wilson-team member, Mr. Wayne Doe-- former Executive Director, OLM, Rev. Peter Novelino-Redeemed Life Church, Mr. Clifford G.Travers-NHRG, Mr. Jerry Gibson--NHRG, Mr. Victor Neeplo--NHRG and Mr. John Tarly, Executive Director—African Assistant Program; and WHEREAS, the City of Brooklyn Center will benefit from a sister city relationship with Voinjama by encouraging Liberians to greater participation and conscientiousness for the welfare of the city, by increasing engagement and volunteerism and enhancing Brooklyn Center's community engagement endeavor; by formulating opportunities for city officials and residents to further explore and experience Liberian culture; by creating an atmosphere which strengthens economic development and community engagement; and WHEREAS, the City of Voinjama will benefit from a sister city relationship with Brooklyn Center by nurturing a municipal partnership that will help to creatively learn, work and solve problems together through reciprocal cultural, educational, business, leadership development, professional and technical training and projects especially as Voinjama, Lofa County, and the Republic of Liberia continue their rebuilding process and decentralization efforts in the aftermath of a 14-year civil war; and WHEREAS, this sister city relationship has been initiated by His Excellency Vice President Joseph Nyumah Boakai, encouraged by national leaders including Her Excellency, President Ellen Johnson Sirleaf; Liberian Ambassador to the United States, His Excellency Jeremiah C. Sulunteh, Internal Affairs Minister -Hon. Morris Dukuly and leaders in the Minnesota Liberian community; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Council does hereby establish a Sister City Relationship with the City of Voinjama, Lofa County, Republic of Liberia with the following understanding ARTICLE 1 The cities shall encourage cooperation in areas of culture, arts and sciences through the exchange of delegations and experiences of exhibitions, festivals, seminars, and conferences. ARTICLE 2 The cities shall encourage cooperation in the area of education through the exchange of delegations and experiences with a view to getting acquainted with the cultures and histories of the people of both cities. ARTICLE 3 The cities shall encourage cooperation in the area of health and medicine through the exchange of delegations, studies and experiences and participation in conferences held in the two cities. ARTICLE 4 The cities shall encourage cooperation in the areas of sports, tourism and youth through the exchange of delegations and the coordination of participation in relevant activities. ARTICLE 5 New Horizons Resource Group shall serve as the intermediary between the two cities for the purpose of coordinating visiting delegations, with the understanding that sending city delegations will be responsible for travel expenses and receiving cities will work with New Horizons Resource Group (NHRG) to arrange accommodations and internal transportation. In addition, New Horizons Resource Group will connect government, educational and business sector institutions in Brooklyn Center to similar institutions in Voinjama to the mutual benefit of all communities; and will work with the two cities to annually develop a cooperation program classifying fields of cooperation and relations. Signed on this Day of January 2014 By: Mayor, Tim Willson — City of Brooklyn Center Date Mayor, Younger Sherman — City of Voinjama Date Witnessed on this Day of January 2014 By: Hon. Morris M. Dukuly, Minister of Internal Affairs Date Republic of Liberia Rev. Alexander Collins, CEO & President— Date New Horizons Resource Group (NHRG), Minnesota City Council Agenda Item No. 7a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ANISSA HOLLINGSHEAD FOR HER DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION WHEREAS, Anissa Hollingshead served on the Financial Commission from September 26, 2011, through December 31, 2013; and WHEREAS, she has made significant contributions as a member of the Financial Commission, including evaluating and developing fiscal policies, fiscal procedures, Mayor and Council Member total compensation, and budgetary and capital matters; and WHEREAS, her leadership and expertise have been greatly appreciated by the Financial Commission; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Anissa Hollingshead is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service she has rendered to the citizens of Brooklyn Center. January 13, 2014 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 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MICHAEL PARKS FOR HIS DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION WHEREAS, Michael Parks served on the Planning Commission from March 13, 2006, through December 31, 2013; and WHEREAS, he 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 Michael Parks 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 13, 2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7c COUNCIL ITEM MEMORANDUM DATE: January 6, 2014 TO: Curt Boganey; City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Recognition and Appreciation of Mike Schlosser for Over 29 Years of Dedicated Service to the City Of Brooklyn Center Recommendation: It is recommended that the City Council consider approval/adoption of a resolution recognizing the dedicated public service of Mike Schlosser. Background: Mike Schlosser is retiring from his position of Maintenance Supervisor after more than twenty nine years of service to the City. Mike began his employment with the City of Brooklyn Center on June 4, 1984 and retired on December 31, 2013. Mike's efforts provided for safe, clean and healthy environments for people to work and recreate. It is highly fitting the City Council recognize Mike years of service and his contributions to the City and to the community. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Civic Engagement - Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life .fbr all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MIKE SCHLOSSER FOR OVER 29 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Mike began his employment with the City of Brooklyn Center as a maintenance supervisor on June 4, 1984, and retired on December 31, 2013, with more than 29 years of dedicated service to the City of Brooklyn Center and its citizens; and WHEREAS, Mike Schlosser has consistently provided the City of Brooklyn Center and its residents with exemplary service, creating safe, clean and healthy environment for people to work and recreate; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the dedication and professionalism Mike has displayed in discharging his duties; and WHEREAS, the City Council of the City of Brooklyn Center recognizes the positive impact Mike has made on the City and its citizens. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon recommendation by the City Manager, that the dedicated public service of Mike Schlosser is duly recognized and appreciated by the City of Brooklyn Center. January 13, 2014 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. 8a COUNCIL ITEM MEMORANDUM DATE: January 7, 2014 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Manager ruA-- THROUGH: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Public Hearings for Wangstad Area Improvements: Ski) Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2014-01, 02, 03 and 04, Wangstad Area Street, Storm Drainage and Utility Improvements Resolution Certifying Special Assessments for Improvement Project Nos. 2014- 01 and 02, Wangstad Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Recommendation: It is recommended that the City Council approve the attached resolutions ordering the Wangstad Area Street, Storm Drainage and Utility Improvements; authorizing preparation of project plans and specifications; and certifying special assessments for the project to the Hennepin County Tax Rolls. Background: A series of two public hearings are scheduled on January 13, 2014. The first hearing is to consider ordering improvements and authorize preparation of plans and specifications for Improvement Project Nos. 2014-01, 02, 03 and 04. The second hearing is to consider certification of proposed special assessments for street and storm drainage improvements for Improvement Project Nos. 2014-01 and 02. All potentially affected property owners have been notified by certified mail of the date of the public hearings and the amount of the proposed special assessments. I. Explanation of Improvements The proposed project includes roadway, storm drainage, and utility improvements for the residential neighborhood area commonly referred to as the Wangstad Area. The project was previously established by the City Council on July 22, 2013, by Resolution 2013-78. On December 9, 2013, the City Council received the project feasibility report and called for a public hearing to be held on January 13, 2014, to consider these improvements. The project feasibility report provides a description of the recommended improvements for the neighborhood and an estimated project budget. The proposed improvements are as follows: 1. Street Improvements — Full street reconstruction of all streets (except Ewing Avenue/62nd Avenue) includes regrading, base preparation, installation of concrete driveway aprons, bituminous paving, installation of concrete curb and gutter, replacement of street signs, and boulevard restoration. Partial street reconstruction of Mission: Ensuring an attractive, clean, safe, inclusive comniunity that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM Ewing Avenue/62nd Avenue includes base preparation, bituminous paving and miscellaneous repairs of concrete curb and gutter and driveway aprons. 2.Storm Drainage Improvements — Includes the installation of new storm sewers and installation of concrete curb and gutter on all streets except Ewing Avenue/62nd Avenue, and repair and replacement of existing storm sewers, installation of new and repair and replacement of existing catch basins and manholes on Ewing Avenue/62nd Avenue. 3.Water Main Improvements — Includes the replacement of approximately 85 percent of the existing water main pipes and installation of new valves, hydrants and water services to the shut off valve where impacted. 4. Sanitary Sewer Main Improvements — Includes replacement of sanitary sewer pipe, access structures and sewer services to the property lines. II. Summary of Assessments Special assessments are proposed as one of several funding sources for the improvements located within the Wangstad Area, On November 12, 2013, the City Council adopted the 2014 special assessment rates for street and storm drainage improvements for residential zoned properties. The 2014 rates were established in accordance with the City's Special Assessment Policy. The feasibility report includes a preliminary assessment roll identifying approximately 253 non- subdividable residential properties that are zoned R1, 1 subdividable residential property that is zoned R1, 1 school property that is zoned R1, 2 properties that are zoned R2, 1 property that is zoned R4 and 6 commercial properties that are zoned Cl and C2 for special assessments of street and storm drainage improvement. Special assessments for non-subdividable single family residential properties that are zoned R1 were calculated at full unit assessment rates of $3,832 for street improvements and $1,150 for storm drainage improvements. Other R1 zoned properties that are larger than the standard single family lot includes 6201 Noble Avenue North (Odyssey Academy property) and 4701 63rd Avenue North were assessed based on computing a maximum number of subdividable lots times the R1 unit assessment amount. The multifamily properties located at 6130 and 6138 France Avenue North that are zoned R2 were assessed based on a frontage basis. The multifamily property located at 6200 France Avenue North that is zoned R4 was assessed based on a frontage basis. The commercial properties that are zoned Cl and commercial properties that are zoned C2 with a depth less than 200' were assessed based on a frontage basis. The commercial properties that are zoned C2 with a depth greater than 200' were assessed based on an acreage basis. See the attached revised Appendix E—Final Assessment Roll and Figure 7—Assessment Map from the project feasibility report. The owners of residential properties located at the intersection of public streets (a corner property) were given the choice to accept the street improvement assessments for the Wangstad Area Reconstruction Project or they could choose to wait until such time as the corner street (63 rd Avenue North) is reconstructed in 2015. Four residential property owners chose to wait until the 63 rd Avenue North is reconstructed in 2015. Mission: Ensuring an a &active, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Public Comments A property owner may choose to appeal or object to a special assessment. If an owner files an appeal with the Clerk prior to the public hearing, or should any person appear at the hearing and object to an assessment, staff recommends that the Council refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint, and assemble documentation. The Council should consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. City staff received one objection letter to the special assessment from a property owner on 62 nd Avenue North. Attached is a copy of the objection letter and the City's response to the resident. Staff reviewed the objection and recommends that the Council adopt the Final Assessment Roll as is. If an appeal for a specific property is actually filed with district court, the City Attorney will advise the Council of options for handling the dispute and potential litigation issues. Payment Options Available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following payment options: 1.Pay the entire amount of the special assessment, without interest, between March 1 and September 30, 2014. 2.From October 1, 2014, to the end of the business day on November 26, 2014, a property owner may pay the total assessment, with interest calculated from October 1, 2014, to the date of payment. 3.A property owner may pay the assessment over a 10-year period. The first payment will be due with taxes in 2015. The total principle will be payable in annual installments. Interest at 6.0 percent is paid on the unpaid balance. 4.Partial prepayments (such as paying half now and certifying the balance) are not allowed under the City's current assessment policy. III. Recommended Council Procedure First Public Hearing to Order Improvements: Staff recommends that a presentation be provided to the City Council prior to holding the first public hearing. Following the presentation, a public hearing to consider ordering the Improvement Project should be conducted to receive public comments. Public comments concerning special assessments should be deferred to the second public hearing. A resolution ordering the improvements and authorizing preparation of the plans and specifications is provided for Council consideration upon closing of the first public hearing. 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 Second Public Hearing for Special Assessments: After taking action on the first proposed resolution to order the project, it is recommended that the Council then conduct a second public hearing on the proposed special assessments. The attached resolution certifying special assessments for street and storm drainage improvements for Improvement Project Nos. 2014-01 and 2014-02 to the Hennepin County tax rolls is provided for Council consideration upon closing of the second public hearing. Budget Issues: The proposed street and utility improvements are included in the 2014 Capital Improvement Program for the City of Brooklyn Center. The total project cost is estimated to be $7,230,000. Funding sources for the project are budgeted from sources as described in the project feasibility report previously accepted by the City Council on December 9, 2013. Strategic Priorities: • Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: *RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2014-01, 02, 03 AND 04, WANGSTAD AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on July 22, 2013, authorized consideration of street, storm drainage, and utility improvements in the area generally described as "WANGSTAD AREA", more specifically described as follows: 61 st Avenue North from Brooklyn Boulevard to 400' west of Lee Avenue North; 62 nd Avenue North from Brooklyn Boulevard to Ewing Avenue North; 62 n1 Avenue North from France Avenue North to June Avenue North; Ewing Avenue North from 62 nd Avenue North to 63 rd Avenue North; France Avenue North from 61St Avenue North to 63 rd Avenue North; Janet Lane from France Avenue North to June Avenue North; Joyce Lane from France Avenue North to June Avenue North; June Avenue North from 61 St Avenue North to 63' Avenue North; Kyle Avenue North from 475' south of 61 5t Avenue North to 63 rd Avenue North; Lee Avenue North from 6 1st Avenue North to 63 rd Avenue North; Major Avenue North from 425' south of 63' Avenue North to 63' Avenue North; and Noble Avenue North from 1,175' south of 63 rd Avenue North to 63' Avenue North; and WHEREAS, the Council has received and accepted a feasibility report for said proposed improvements, as prepared by the City Engineer; and WHEREAS, said improvements are necessary, cost effective and feasible as detailed in the feasibility report; and WHEREAS, the City Council on December 9, 2013, adopted a resolution setting a date for a public hearing regarding the proposed improvements for the Wangstad Area; and WHEREAS, ten days published notice of the hearing was given and the hearing was held on January 13, 2014, at which time all persons desiring to be heard were given the opportunity to be heard thereon; and . WHEREAS, the Council has considered all comments, testimony, evidence and reports offered at or prior to the January 13, 2014, hearing; and WHEREAS, the City reasonably expects to spend monies from the Infrastructure Construction Fund on a temporary basis to pay the expenditures described in this resolution; and RESOLUTION NO. WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax-exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments or utility fees. The maximum amount of special assessment obligations expected to be issued for such project is $1,537,655.78; and WHEREAS, the City Engineer is prepared to develop plans and specifications for said public improvement project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.Improvement Project Nos. 2014-01, 02, 03 and 04, Wangstad Area Street, storm Drainage and Utility Improvements, are hereby ordered and the City Engineer is authorized to prepare plans and specifications for said improvements. 2.This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulations and any successor law, regulation, or ruling. This resolution shall be modified to the extent required or permitted by Treasury Regulations or any successor law, regulation, or ruling. January 13, 2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2014-01 AND 2014-02, WANGSTAD AREA STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required bylaw, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 18759 and 18760; and WHEREAS, assessment rolls, copies of which are attached hereto and part hereof by reference, have been prepared by the City Engineer and City Clerk, tabulating those properties where street improvement and storm drainage costs are to be assessed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.Such proposed assessments, Special Assessment Levy No. 18759 for street improvements and Special Assessment Levy No. 18760 for storm drainage improvements, made a part hereof, are hereby accepted and shall constitute the special assessments against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessments levied against it. 2.Such assessments shall be payable in equal annual installments extending over a period often (10) years as indicated on the assessment roll. The first of the installments shall be payable with ad valorem taxes in 2015, and shall bear interest on the entire assessment at the rate of six (6.0) percent per annum from October 1, 2014, through December 31, 2014. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before September 30, 2014. After September ao, 2014, he or she may pay the total assessment, plus interest. Interest will accumulate from October 1, 2014, through the date of payment. Such payment must be made by the close-of-business November 26, 2014, or interest will be charged through December 31 of the succeeding year. If the owner wishes to pay off the balance at some point in the future, such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO 4, The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. January 13, 2014 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. co CO CVCD CO CO CVCVCD CO CO CV CD•O'N CD CO I 4701 CHOWEN AVE N CV ■•••■•M M MON - CO CO .cr CDCD rviAJOR AVE N INIMIOIMINI-INIIM NM-MOINE WI-1MM NM PERRY AVE N coN IIL__ If 1=3-1,14P 1.1 MI .............1 CD CDCD0 CD 22 csi c'S CO CO CV CD NOBLE AVE N I I I CD CD CD CV CD CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 13, 2014 2014 WANGSTAD AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2014-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY #STORMNOTES . 0311821120076 3807 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821120077 3801 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821120078 3713 61ST AVEN 18759 $ 3,832.00 18760 $ 1,150.00 0311821120079 3707 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821120080 3701 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821120087 6045 BROOKLYN BLVD 18759 $ 10,534.50 18760 $ 5,234.07 Commercial Cl, 147.48-ft 0311821210104 3808 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821210105 3818 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821210106 3824 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821210107 3900 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821210108 3906 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821210109 3912 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821210110 3918 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 03118212101114000 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821210112 4006 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821210113 4012 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821210114 4100 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821210115 4106 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821210119 4207 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821210120 4201 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821210121 4113 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821210122 4107 61ST AVE N 18759 3,832.00 18760 $ 1,150.00 0311821210123 4101 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821210124 4013 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821210125 4007 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821210128 3913 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821210129 3907 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 011821210130 3901 61ST AVE N 18759 3,832.00 18760 $ 1,150.00 0311821210131 3819 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821210132 3813 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821220014 6012 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821220015 6018 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821220016 6024 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821220017 6030 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821220018 6036 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 0311821220019 6042 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3311921440003 6201 NOBLE AVE N .18759 $ 49,816.00 18760 $ 14,950.00 School Property = 13 equivalent parcels 3311921440072 4701 63RD AVE N 18759 $ 7,664.00 18760 $ 2,300.00 Corner Property = 2 equivalent parcels 3311921440073 6225 NOBLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330001 4301 63RD AVE N 18759 $ 3,832.00 18760 $ 1,150.00 Corner Property 3411921330002 6237 JUNE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330003 6231 JUNE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330004 6225 JUNE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330005 6219 JUNE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330006 6213 JUNE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330007 6207 JUNE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330008 6201 JUNE AVE N 18759 $ 3,832.0018760 $ 1,150.00 3411921330009 6143 JUNE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330010 6137 JUNE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330011 6131 JUNE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330012 6130 KYLE AVE N 18759 $ 3,832.00 18760 1,150.00 3411921330013 6136 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330014 6142 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330015 6200 KYLE AVE N 18759 3,832.00 18760 $ 1,150.00 3411921330016 6206 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330017 6212 KYLE AVE.N 18759 $ 3,832.00 18760 1,150.00 3411921330018 6218 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 1 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 13, 2014 2014 WANGSTAD AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2014-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY #STORM NOTES 3411921330019 6224 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330020 6230 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330021 6236 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330022 4309 63RD AVE N 18759 $ 3,832.00 18760 $ 1,150.00 Corner Property 3411921330023 4401 63RD AVE N 18759 $ 3,832.00 18760 $ 1,150.00 Corner Property 3411921330024 6237 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330025 6231 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330026 6225 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330027 6219 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330028 6213 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330029 6207 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330030 6201 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330031 6143 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330032 6137 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330033 6131 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330034 6242 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 Corner Property 3411921330035 6236 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330036 6230 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330037 6224 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330038 6218 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330039 6212 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330040 6206 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330041 6200 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330042 6142 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330043 6136 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330044 6130 LEE AVE N 18759.$ 3,832.00 18760 $ 1,150.00 3411921330046 6237 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330047 6231 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330048 6225 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330049 6219 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330050 6213 LEE AVE 'N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330051 6207 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330052 6201 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330053 6143 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330054 6137 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330055 6131 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330057 6236 MAJOR AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330058 6230 MAJOR AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330059 6224 MAJOR AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330060 6218 MAJOR AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330061 6241 MAJOR AVE N 18759 $ 3,832.00 18760 $ 1,150.00 Corner Property 3411921330062 6235 MAJOR AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330063 6229 MAJOR AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330064 6223 MAJOR AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330065 6217 MAJOR AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330067 6236 NOBLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330068 6230 NOBLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330069 6224 NOBLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330070 6218 NOBLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330071 6212 NOBLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330072 6206 NOBLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330073 6200 NOBLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330074 6148 NOBLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330075 6142 NOBLE AV.E N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330076 6136 NOBLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330077 6130 NOBLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330078 6124 NOBLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330079 6118 NOBLE AVE N 18759 $ . 3,832.00 18760 $ 1,150.00 3411921330080 6112 NOBLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 13, 2014 2014 WANGSTAD AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2014-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY #STORM NOTES 3411921330085 6125 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330086 6119 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330087 6113 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330088 6107 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330089 6101 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330090 6125 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330091 6119 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 • 3411921330092 6113 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330093 6107 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330094 6101 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330095 6100 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330096 6106 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330097 6112 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330098 6118 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330099 6124 LEE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330100 6125 JUNE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330101 6119 JUNE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330102 6113 JUNE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330103 6107 JUNE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330104 6101 JUNE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330105 6100 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330106 6106 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330107 6112 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330108 6118 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921330109 6124 KYLE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340001 6126 JUNE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340002 4212 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340003 4206 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340004 4200 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340005 4112 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340006 4106 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340007 4100 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340008 4018 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340009 4012 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340010 4006 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 34119213400114000 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340012 3912 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340013 3906 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340014 3900 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340015 3812 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340016 3806 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340017 6121 FRANCE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340018 4219 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340019 4213 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340020 4207 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340021 4201 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340022 4113 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340023 4107 JANET LA.18759 $ 3,832.00 18760 $ 1,150.00 3411921340024 4101 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340025 4019 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340026 4013 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340027 4007 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340028 4001 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340029 3913 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340030 3907 JANET LA 18759 $ 3,832.0018760 $ 1,150.00 3411921340031 3901 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340032 3813 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 13, 2014 2014 WANGSTAD AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2014-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY #STORM NOTES 3411921340033 3807 JANET LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340034 6113 FRANCE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 . 3411921340035 6107 FRANCE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340036 411261ST AVE ,N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340037 4200 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340038 4206 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340039 4212 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340040 4218 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340041 6200 JUNE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 34119213400424212 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340043 4206 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340044 4200 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340045 4112 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340046 4106 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340047 4100 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340048 4018 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340049 4012 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340050 4006 62ND AVEN 18759 $ 3,832.00 18760 $ 1,150.00 34119213400514000 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340052 3912 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340053 3906 62ND AVE N 18759 3,832.00 18760 $ 1,150.00 3411921340054 3900 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340055 3812 62ND AV.E N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340056 3806 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340057 3800 62ND AVE .N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340058 6136 JUNE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340059 4213 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340060 4207 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340061 4201 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340062 4113 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340063 4107 62ND AVE,N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340064 4101 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340065 4019 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 34119213400664013 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340067 4007 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340068 4001 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 . 3411921340069 3913 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340070 3907 62ND AVE.N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340071 3901 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340072 3813 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340073 3807 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340074 3801 62ND AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340075 6218 JUNE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340076 4212 JOYCE LA .18759 $ 3,832.00 18760 $ 1,150.00 3411921340077 4206 JOYCE Lk 18759 $ 3,832.00 18760 $ 1,150.00 34119213400784200 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340079 4112 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340080 4106 JOYCE LA 18759 3,832.00 18760 $ 1,150.00 3411921340081 4100 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340082 4018 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 ' 4 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 13, 2014 2014 WANGSTAD AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2014-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY #STORMNOTES 3411921340083 4012 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340084 4006 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340085 4000 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340086 3912 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340087 3906 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340088 3900 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340089 3812 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340090 3800 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 34119213400916225 FRANCE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340092 6231 FRANCE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340093 6237 FRANCE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340095 6212 JUNE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921340096 4213 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340097 4207 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340098 4201 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 34119213400994113 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340100 4107 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340101 4101 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340102 4019 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340103 4013 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340104 4007 JOYCE LA -18759 $ 3,832.00 18760 $ 1,150.00 3411921340105 4001 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340106 3913 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340107 3907 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340108 3901 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340109 3813 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340110 3807 JOYCE LA 18759 $ 3,832.00 18760 $ 1,150.00 3411921340111 3801 JOYCE LA .18759 $ 3,832.00 18760 $ 1,150.00 3411921340112 4219 63RD AVE N 18759 $ 3,832.00 18760 $ 1,150.00 Corner Property 3411921430004 6245 BROOKLYN BLVD 18759 $ 8,496.15 18760 $ 2,491.31 Commercial C2, 136.66-ft 3411921430005 6121 BROOKLYN BLVD -18759 $ 26,993.80 18760 $ 7,917.51 Commercial C2, (A) 95,564.50sf, (B) 66,441.15 sf 3411921430006 6215 BROOKLYN BLVD 18759 $ 22,539.73 18760 $ 6,609.29 Commercial C2, 362.55-ft 3411921430007 6201 BROOKLYN BLVD 18759 $ 11,809.75 18760 $ 3,462.60 Commercial C2, (A) 54,272.77 sf, (B) 0 sf 3411921430050 6101 BROOKLYN BLVD 18759 $ 18,909.66 18760 $ 9,395.27 Commercial Cl, 264.73-ft 3411921430051 3600 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921430052 3606 61ST AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921430053 6118 FRANCE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921430054 6124 FRANCE AVE N 18759 $ 3,832.00 18760 $ 1,150.00 3411921430057 6200 FRANCE AVE N 18759 $ 44,429.79 18760 $ 13,028.07 Multi Family R4, 714.65-ft 3411921430058 6138 FRANCE AVE N 18759 $ 4,087.47 18760 $ 1,226.67 Multi Family R2, 80.00-ft 3411921430059 6130 FRANCE AVE N 18759 $ 4,087.47 18760 $ 1,226.67 Multi Family R2, 80.00-ft Total Assessments $ 1,178,864.32 $ 358,791.46 5 jarniary 2, 2014 To Whom It May Concern — My name is Britta Maddox and I live at 4213 62 Ave N in Brooklyn Center with my husband, John. We just moved to the area last April and are excited to be first-time homebuyers. We are both recent college graduates who are fortunate enough to have jobs we are passionate about in our fields of study. As young people, we are still working hard to make ends meet with the responsibilities of home ownership as well as student loans to pay off and my current graduate school expenses. I work full-time and am also a full-time student with two additional part-time jobs and John recently opened his own small business and works full-time as well. When we bought this house, we were excited to be in an area with such opportunity and in a good neighborhood with middle class families such as ourselves working hard to be viable citizens. When we heard about the proposed street repair projects, we were excited about the possibility for new and improved roadways, sewer and water systems. However, we were shocked and upset when we received the most recent notice regarding the cost. Firstly, throughout the notifications regarding our input for the street projects, we were not clearly notified that this would be funded by an additional expense to the property owners of the area. Moreover, we certainly were not told that it would be a $4,982.00 expense. As new homeowners and young people, we are struggling to make our way as it is. We work hard for everything we have and we do not have an extra almost $5,000.00. Not only that, but we have recently had some unexpected medical bills from a surgery that we are now having to navigate into our already tight budget. Though we do not know our neighbors very well yet, I can imagine that there are other families in this area that are in our same position. I understand that there is a payment plan option for those who cannot pay the amount up front however this would only mean more money was owed, given the 6% interest rate. For those families for whom $5000 will be a hardship, it is not going to be any easier to come up with more than that over time. In essence this is penalizing poorer families. We are also surprised by the timeframe. Given that this project has been in the planning stages for, I would guess, at least a year, it is somewhat surprising that we are just now being notified of the cost, giving only 9 months to arrange payments. That does not give people much time to budget for such a ghastly expense. I would like you to consider this my formal objection to the assessment. I do not think it is fair to ask so much of property owners who already work hard to pay yearly property taxes and other costs associated with home ownership. While I .agree with the necessity of the upgrades, it is not worth causing financial turmoil to the citizens of this area of Brooklyn Center. I can say that paying $4,982 would be an extreme hardship for our family. I ask you to reconsider the funding for this project and specifically the amount our family would owe. Thank you for your time and careful consideration of this issue. Sincerely, (yiaclof -77 /(PLrY4.° ritta C. Maddox and John T. Maddox 4213 62 Ave N Brooklyn Center, MN 55429 309-235-5011 (cell) 813-624-2872 (cell) leeltBROOKLYN CENTEtt nit A GREAT PLACE TO START, A GREAT PLACE TO STAY www,bityvibr oklyncenter.org January 7, 2014 Britta C. Maddox John T. Maddox 4213 62 nd Avenue North Brooklyn Center, MN 55429 Re: Wangstad Area Project Special Assessments Objection letter Dear Mr. and Mrs. Maddox: We are in receipt of your objection letter to the special assessments for the Wangstad Area Street and Utility Improvements dated January 2, 2014. Your letter will be passed on to the City Council for consideration prior to the public hearings on January 13, 2014, for the Wangstad Area Reconstruction Project. A public hearing to consider ordering the improvements will be held at 7 p.m. on Monday, January 13, 2014, in the Council Chambers of Brooklyn Center City Hall at 6301 Shingle Creek Parkway. If the City Council orders an improvement project at the public hearing, then the Council will conduct a second public hearing on the proposed special assessments. It is recommended you attend the two public hearings for this project to further outline your objections to the City Council. The City Council would then consider your objection as part of the project approval process for the improvement and assessment hearings. As outlined in the certified letter, should you wish to formally pursue contesting the assessment, you must file your objection and appeal with the district court as well. If you have questions regarding the filing process and procedures, you should contact the district court directly for assistance. Please note that if a project is approved and the assessment roll is adopted by the Council, then the owner of each property has the following payment options: 1.Pay in full - No interest between March & Sept. 30, 2014. 2.Pay in full from Oct. 1 to Nov. 26, 2014 with interest calculated from Oct. 1 to the date of payment. 3. Pay in installments with property taxes over a 10-year period starting in January 2015. a. Also, you can pay this assessment off in full in any subsequent year (so if in 5 years you decide you want to just pay it off and be done with it, you can). You would want to contact our Assessing Department here at City Hall for a payoff amount. The following is a summary of the estimated assessment payment amount for payment option 3: Assessment Amount: $4,982.00 Assessment Interest Rate: 6.00% Assessment Term: 10 Years Annual Year Payment Principle Interest Balance $871.85 $498.20 $373.65 $4,483.80 2 $767.23 $498.20 $269.03 $3,985.60 3 $737.34 $498.20 $239.14 $3,487.40 4 $707.44 $498.20 $209.24 $2,989.20 5 $677.55 $498.20 $179.35 $2,491.00 6 $647.66 $498.20 $149.46 $1,992.80 7 $617.77 $498.20 $119.57 $1,494.60 8 $587.88 $498.20 $89.68 $996.40 9 $557.98 $498.20 $59.78 $498.20 10 $528.09 $498.20 $29.89 $0.00 Totals:$6,700.79 $4,982.00 $1,718.79 If you have any questions regarding the process or any other any questions or comments, please feel free to contact me or Steve Lillehaug, Director of Public Works/City Engineer, at 763-569- 3340. Thank you. Sincerely, TW now_ Michael Albers, PE Project Enaineer City Council Agenda Item No. 8b COUNCIL ITEM MEMORANDUM DATE: January 7, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer &VA SUBJECT: An Ordinance Vacating Part of the Street Easement (James Circle North) at 6405 and 6415 James Circle North, in Registered Land Survey Number 1482 (Denny's . Restaurant and Days Inn Hotel) Recommendation: It is recommended that the City Council consider approval of an ordinance vacating a portion of the street easement within the properties located at 6405 and 6415 James Circle North (Denny's Restaurant and Days Inn Hotel). Background: Consistent with the City Charter, this street easement vacation was first read on November 25, 2013, published in the official newspaper on December 5, 2013, and is presented for the second reading and public hearing by the City Council. In 1996 a portion of a street easement for James Circle North as described in Registered Land Survey 1482 was vacated by Ordinance No. 96-05 (see attached Exhibit A). Recently, the property owners of Denny's Restaurant were in the process of selling the property and the buyer required that the recital of the street on the Torrens certificate be removed. When the Hennepin County Examiner of Titles Office was contacted to remove the recital, they indicated that the resolution vacating the easement by the City contained some errors in the legal description and needed to be corrected. The County recommended a corrective resolution from the City be obtained and filed. The property owner's representative has provided a certified corrected legal description and depiction of the corrected easement vacation (see attached Exhibit B). A new, corrected ordinance for street vacation will suffice and meet the requirements of the County. If adopted by the City Council, the ordinance would be effective after thirty days following legal publication. Budget Issues: The necessary recording fees fall within the established 2014 Public Works Engineering budget. Strategic Priorities: • Focused Redevelopment - Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust DEC-05-2005 e9:44 FENNER I N-CTY-RECORDS •-•\ E )(011511 - A (1z) P.16,17 •I CITY.OF BROOKLYN CENTER . • . Notice is hereby given that a publie haring will be held on the 22t.4 thy of April, 1996, at7 p.m. Or as soon thereafter as may))e heard aethe City trill, 6301 Shingle Creek Parkwa y,to consider vacating part of a street &scant Vaixtes Circle North) in Registered Laud SurveyNumber 1482. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to wake arrangetnents. ortoraANce NO. 96.,-05 tax.1 IL I 11 1112: rIP D 1 J I Jun - BETWEEEELCSONV-atESIMEA THE CITY COUNCIL OF Tk3E CITY OF BROOKLYN CENTER Dogs ORDAIN As FOLLOWS: Section 1. That part of a Street Easement in Registered Land Survey number 1482, according to the plat on file and of record. thereof, Hennepin Coanty, Minnesota, deserted as follows is hereby vacated: All that part of Tames Circle North, to be vaulted, lying southerly and westerly Of the following described line: Beginning at the Northeast orner of Tract A., Registered Land Survey Number 1482 according to the records on Me in the Office of the Registrar of Titles„ Hennepin Cottnty, Minnesota; thence Solth 15 degrees 36 minutes 31 =OM'S West, an asantrbed bearing along the west righ,t-of-way of James Circle North, a distance of 54.50 feet; thence continuing on an extension of the westerly rig,ht-of-way of said lames Circle North, a distal= of 62,91 feet; thence along a tangential curve to the east, a distance of 131.24 feet having a central angle of a$ gegre.es 27 minutes 53.1v-olds eta a radius of $500 feet ; there South 17' degrees 07 rolniftes 48 seconds West, a distance of 17.74 feet tcti the south right-of-way line of James Clxcle and there terminiting. Section 2. ThIs ordinance emit be effective after adoption and thirty days following its legal publication. Adopted this 13th day of t'sw p1996, ADI : City Clerk Date of Publication APril 3, 1996 Effective Date ___1441._;_a_1-3 199_1_ TRANSFER ENTEREDteftitmOattitYtiockvariStRmeit. MY 20 1996 • 1 1 .1 1 . I I s 'i. illri aliti"i ...>. / c,,•/ fil„ WWII 4 • MIMI I CS•Otaillii.11•4 1111 111 1 1 Lu MOW EN 113 ri (2(a) 1 E.)CV\ B ri LAND SURVEYORS HARRY S. JOHNSON Vacation Survey ............, a ..yndale Ave. So. Bloomington, MN. 55420 ............ '.4C,*3 4,phone: 952-884-5341 fox: 952-884-5344 POB • 6 d --P---..NORTHEAST CORNER OF ......- it TRACT A, RLS NO, 1482--- .Z. tr-H —DENOTES AREA OF Os 10 (..D co • Ly..2S2&i STREET VACATION- to co /5' 4 /-‘ --ok^ ...,... 4 tO ki. t,/..-C\ t r-, : 1 46 ts i --1rc,․) 1.....) I .co .I Ci) .'.,.., WEST RIGHT OF WAY LINE I --.. (2).-.. OF JAMES CIRCLE. NORTH-I, >-< •to() / \ I -- (0 r \- I \i \\ 4 s....- ^ \ / \1*3 7 ,.) - / (0 0,, .../ hc-.3 Cr , A . ■ ' -'N /i 0) )1 / • /N\ 1") r,cv L'/‘•r J, /(1?-7°,tL) _ ./ A •>' 4.°f-j) // WEST AND SOUTH RIGHT OF WAYLINE OF JAMES CIRCLE NORTH-' 0 _ --VY)O telVs/or oN or S 48 A), , NO, I / Lk,48.? /Z . "-EAST LINE OF TRACT A,RLS NO. 1482 DESCRIPTION OF JAMES CIRCLE NORTH TO BE VACATED All that port of James Circle North, lying southerly and westerly of the following described line: Beginning at the northeast corner of Tract A, Registered Land Survey Number 1482 according to the records on file in the Office of the Registrar of Titles, Hennepin County, Minnesota; thence South 15 degrees 36 minutes 31 seconds West, an assumed bearing along the west right of way line of James Circle North, a distance of 54.50 feet; thence continuing along southerly extension of said west line, a distance of 62.91 feet; thence along a tangential curve to the east, having a central angle of 69 degrees 30 minutes 48 seconds and a radius of 85.00 feet, a distance of 103.13 feet to the intersection with the northerly extension of the east line of said Tract A; thence South 17 degrees 07 minutes 48 seconds West along sold Northerly extension to the south right of way line said James Circle North and there terminating.. I - by certify that this survey', plan or report was prepared by me d. Jer my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Date: OCTOBER 23, 2013 /, TI(omas E. Hodorff, L.S. N Reg. No. 23677 CITY OF BROOKLYN CEN I ER Notice is hereby given that a public hearing will be held on the 13 th day of January, 2014, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance vacating a portion of the street easement within the properties located at 6405 and 6415 James Circle North. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING PART OF THE STREET EASEMENT (JAMES CIRCLE NORTH) AT 6405 AND 6415 JAMES CIRCLE NORTH, IN REGESTERED LAND SURVEY NUMBER 1482 (DENNY'S RESTAURANT AND DAYS INN HOTEL) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. That part of a Street Easement in Registered Land Survey Number 1482, according to the plat on file and record thereof, Hennepin County, Minnesota, described as follows is hereby vacated: All that part of James Circle North, lying southerly and westerly of the following described line: Beginning at the northeast corner of Tract A, Registered Land Survey Number 1482 according to the records on file in the Office of the Registrar of Titles, Hennepin County, Minnesota: thence South 15 degrees 36 minutes 31 seconds West, an assumed bearing along the west right of way line of James Circle North, a distance of 54.50 feet; thence continuing along southerly extension of said west line, a distance of 62.91 feet; thence along a tangential curve to the east, having a central angle of 69 degrees 30 minutes 48 seconds and a radius of 85.00 feet, a distance of 103.13 feet to the intersection with the northerly extension of the east line of said Tract A; thence South 17 degrees 07 minutes 48 seconds West along said Northerly extension to the south right of way line said James Circle North and there terminating. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 13 th day of January, 2014. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 8c COUNCIL ITEM MEMORANDUM DATE: January 7, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SgA SUBJECT: Resolution Vacating Certain Easements within Lot 5, Blockl, SHINGLE CREEK CROSSING, and Lot 2, Block 1, SHINGLE CREEK CROSSING 3RD ADDITION, Hennepin County, Minnesota Recommendation: It is recommended that the City Council consider approval of the resolution vacating certain easements as referenced above pertaining to the site redevelopment in connection with the final plat approval of SHINGLE CREEK CROSSING 4TH ADDITION. Background: The Planning Commission has recommended approval for the plat for SHINGLE CREEK CROSSING 4TH ADDITION. In connection with the final plat and easement dedication proceedings, the developer is requesting release and termination of easements that are either no longer needed or are being replaced by new easements. The following easements are proposed to be released and terminated as indicated: •All publicly dedicated drainage and utility easements as shown on Lot 5, Blockl, SHINGLE CREEK CROSSING, and Lot 2, Block 1, SHINGLE CREEK CROSSING 3RD ADDITION, Hennepin County, Minnesota, and as depicted in the attached Exhibit A As part of the public hearing and notification process, affected entities with interests in said existing easements have been notified in accordance with City Ordinance and State Statute. All areas that need to retain permanent easement rights have been fully encompassed by rededicated easements as part of the project's final plat and should not negatively affect rights to public easements. We are unaware of any entity objecting to the proposed vacations. The attached exhibit outlines the release and termination of easements and shows the locations of said existing easements. The City Attorney has reviewed the release and termination documents and concurs to the purpose and form of the documents. Budget Issues: The applicant has paid the easement vacation application fee of $125 and must reimburse the City for any additional engineering, administrative, legal or other fees associated with the filing and recording of the Notice of Completion of Vacation Proceedings. Strategic Priorities: •Focused Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life •for all people ant/preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION VACATING CERTAIN EASEMENTS WITHIN LOT 5, BLOCK 1, SHINGLE CREEK CROSSING AND LOT 2, BLOCK 1, SHINGLE CREEK CROSSING 3RD ADDITION, HENNEPIN COUNTY, MINNESOTA WHEREAS, the City Council has recommended approval for the preliminary plat for SHINGLE CREEK CROSSING 4TH ADDITION based on certain conditions as set forth in the City Council Resolution No. 2013-129; and WHEREAS, the Planning Commission has recommended approval for the plat for SHINGLE CREEK CROSSING 4TH ADDITION; and WHEREAS, certain existing easements on existing properties are either no longer needed, or are being replaced by new easements pertaining to the properties contained within the plat for SHINGLE CREEK CROSSING 4TH ADDITION; and WHEREAS, the easements proposed to be vacated are identified as follows and are hereafter referred to as "the Easements": All publicly dedicated drainage and utility easements as shown on Lot 5, Block 1, Shingle Creek Crossing and Lot 2, Block 1, Shingle Creek Crossing 3"d Addition, Hennepin County, Minnesota, and as depicted in the attached Exhibit A; and WHEREAS, after due notice and public hearing, the City Council has determined that the Easements will be no longer needed, once the plat of SHINGLE CREEK CROSSING 4TH ADDITION is recorded and it is in the public interest to vacate the Easements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The City Council hereby approves the vacation of the Easements described above and depicted in the attached Exhibit. 2.The City Clerk is directed to prepare a Notice of Completion of Vacation Proceedings and to record it with the Hennepin County Recorder or Hennepin County Registrar of Titles, as appropriate; provided that this resolution will only take effect upon the release, filing and recording of the final plat of SHINGLE CREEK CROSSING 4TH ADDITION. RESOLUTION NO. January 13, 2014 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. BROOI<DALE-: CORNER A rsrwrinto /-%1../1/1 I Il/11 \r-\ •-) I hereby certify that this sketch, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 29th day of October, 2013 SUNDE LAND SURVEYING, LLC. /Mark S. Hanson, P.L.S. Minn. Lic. No. 15480By. Easement Vacation Sketch Of SHINGLE CREEK CROSSING PROPOSED EASEMENT VACATION DESCRIPTION The drainage and utility easements lying within Lot 5, Block I, SHINGLE CREEK CROSSING and Lot 2, Block I, SHINGLE CREEK CROSSING 3RD ADDITION, according to the recorded plats thereof, Hennepin County, Minnesota, as dedicated in said plats. 2010-040-83 912/0 1.118 R.21 S.2 SMT 201004083001 vacation.dwg jj SUNDE LAND SURVEYING 9001 East Bloomington Freeway (35W) • Suite 118 Bloomington, Minnesota 55420-3435 952-881-2455 (Fax: 952-888-9526) www.sunde.com City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk■,.4 DATE: January 8, 2014 SUBJECT: Select Presiding Officers — Mayor Pro Tem and Acting Mayor Pro Tern Recommendation: Mayor Willson requests that the City Council ratify the nomination of Dan Ryan as Mayor/President Pro Tern. Carol Kleven would serve as Acting Mayor/President Pro Tern. Background: Section 2.06 of the City Charter requires the Council to choose from its members a Mayor/President Pro Tern who shall hold office at the pleasure of the Council and shall serve as Mayor/President in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. City Council Resolution No. 92-262, Establishing and Designating an Acting President Pro Tern of the City Council, states the most senior Council member shall preside in the absence of both the Mayor and Mayor Pro Tem, and that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. Following is a list of Council members by seniority and the votes cast per member in the most recent election. •Dan Ryan (first elected November 7, 2006) •Carol Kleven (first elected November 2, 2010) •Lin Myszkowski (first elected January 24, 2012) •Kris Lawrence-Anderson (first elected November 6, 2012) Attachments: City Charter Section 2.06 City Council Resolution No. 92-262 Budget Issues: There are no budget issues to consider. b. A uniform list of initial questions to be asked of all applicants shall be made available to the public and the applicants in advance of interviews. To the extent reasonably practicable, questions asked of all applicants at the interviews shall be uniform. 4.Selection Process. Upon completion of the interview process, the Council may call for a vote to appoint an applicant. Each Council member may cast only one vote for a preferred applicant on each called-for vote to appoint. No vote, which does not result in a majority vote for one candidate, shall result in elimination from consideration of any candidate. Written ballots listing the applicant(s) shall be used. Each Council member's vote shall be recorded. A simple majority of the Council votes shall appoint that applicant to the City Council. 5.If the Council pursues the appointment process but then fails to fill a vacancy within forty-five (45) days from the occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy. The special election will be held not sooner than one hundred five (105) days and not later than one hundred thirty-five (135) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held. 6. The City shall comply with the Minnesota Data Practices Act in all respects in the collection, management, and dissemination of data on applicants for City Council vacancies. Section 2.06. THE MAYOR. The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a president pro tem who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and shall exercise all powers and perform all duties conferred and imposed upon the Mayor by this charter, the ordinances of the City, and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. The Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. In time of public danger or emergency the Mayor may, with the consent of the Council, take command of the police, maintain order and enforce the law. Section 2.07. SALARIES. The Mayor and the members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until the January 1 following the next succeeding general municipal election. The City Manager and all the subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. -4- City Charter Last revised 10/20/2004 City of Brooklyn Center ATTEST: Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION NO 92-262 RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2.06 of the Brooklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tem who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tem may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS, the City Council desires to provide for an acting president pro tem who shall serve in the absence of the Mayor and president pro tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the most senior Councilmember shall preside in the absence of both the Mayor and Mayor pro tem. BE IT FURTHER RESOLVED that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. November 23, 1992 Date Todd Paulson, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen , and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scutt, Jerry Pedlar, Dave Rosene, and Philip Cohen;and the following voted against the same: none,whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 10b COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 8, 2014 SUBJECT: Resolution Declaring Commitment to the Brooklyn Center City Charter Recommendation: It is recommended that the City Council consider adoption of Resolution Declaring Commitment to the Brooklyn Center City Charter. Background: The City Manager is directed to place this resolution for re-adoption on the agenda for the first meeting of the City Council each January as information and reminder of Council/Manager responsibilities. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council/Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commissions other than advisory boards or commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this Charter; and WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council: 1.To rededicate itself to the spirit and letter of the City Charter and to commit itself to ensuring compliance by the City Council collectively and individually with that spirit and letter of the City Charter. 2.To rededicate itself to the checks and balances of the City Charter that keep City government accountable. 3.To pledge that in its dealings with citizens and City staff, that the City Council will treat such citizens and staff with respect and courtesy. The Council shall deal with staff in accordance with the City Charter through the City Manager. 4.To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner for the good of the whole City and without regard for personal gain or interests. 5. To direct the City Manager to place this resolution for re-adoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council/Manager responsibilities. January 13, 2014 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. 10c TO: FROM: DATE: SUBJECT: COUNCIL ITEM MEMORANDUM Curt Boganey, City Manager Sharon Knutson, City Clerk j4/24( 4n4ittett January 8, 2014 Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives/Voting Delegates for Other Organizations for 2014 Recommendation: Mayor Willson e-mailed requesting that the City Council ratify the following appointments for 2014: Commission/Organization Financial Commission Housing Commission Park and Recreation Commission Ad Hoc Youth Advisory Commission Crime Prevention Program Earle Brown Days Committee League of Minnesota Cities Metro Cities North Hennepin Area Chamber of Commerce Background: Council Member Kris Lawrence-Anderson Lin Myszkowski Carol Kleven Tim Willson Lin Myszkowski Kris Lawrence-Anderson Tim Willson — Alternate Dan Ryan; Tim Willson — Alternate Dan Ryan; Carol Kleven — Alternate Tim Willson At the first meeting of the year the Mayor appoints City Council Members to serve as Council Liaisons to City Advisory Commissions and as Council representatives or voting delegates/alternates for boards, committees, or organizations in which the City participates. In 2013, Council Members were appointed as follows: Commission/Organization 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 Budget Issues: There are no budget issues to consider. Council Member 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 City Council Agenda aem No. 10d COUNCR1I, ITEM IVEMORANDUV DATE: January 13, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk liym),%-13./L SUBJECT: Mayoral Reappointments to City Advisory Commissions Recommendation: The enabling resolutions for the City Advisory Commissions outline that the members of the Commissions shall be appointed by the Mayor with majority consent of the Council. It is recommended that the City Council ratify the Mayor's reappointments to commissions with terms expiring as follows: Financial Commission — term to expire 12/31/2016 Patricia Glenn Housing Commission Kathie Amdahl David Johnson Park and Recreation Commission — term to expire 12/31/2016 Gail Ebert Jerome Witalka Planning Commission — term to expire 12/31/2015 Scott Burfeind Carlos Morgan NW Hennepin Human Services Council Advisory Commission — term to expire 12/31/2015 Sharon Kephart NW Suburbs Cable Communications Commission — term to expire 12/31/2014 Rex Newman Background: Several commission member terms on City advisory commissions expired December 31, 2013. City staff liaisons to the commissions polled the members whose terms were expiring to determine their interest in continuing service on their respective commissions. A brief summary regarding the commission reappointments is attached, including a table that indicates the geographical distribution by neighborhood of the current members of the commissions, as well as an attendance record of commissioners. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe conununhy that enhances the quality of life and preselyes the public trust COUNCIL ITEM MEMORANDUM Financial Commission The Financial Commission is composed of a chairperson and six members, with members serving a three-year term. On December 31, 2013, the Financial Commission terms of Patricia Glenn and Anissa Hollingshead expired. Ms. Glenn wishes to continue her voluntary public service on the Financial Commission for another three-year term. Mayor Willson has indicated he will not be reappointing Anissa Hollingshead to the Financial Commission. Notice of vacancy has been posted. Housing Commission The Housing Commission is composed of a chairperson and six members, with members serving a three-year term. On December 31, 2013, the Housing Commission terms of Kathie Amdahl and David Johnson expired. Ms. Amdahl and Mr. Johnson wish to continue their voluntary public service on the Housing Commission for another three-year term. Park and Recreation Commission The Park and Recreation Commission is composed of a chairperson and six members, with members serving a three-year term. On December 31, 2013, the Park and Recreation Commission terms of Gail Ebert and Jerome Witalka expired. Ms. Ebert and Mr. Witalka wish to continue their voluntary public service on the Park and Recreation Commission for another three-year term. Planning Commission The Planning Commission is composed of a chairperson and six members, with members serving a two-year term. On December 31, 2013, the Planning Commission terms of Scott Burfeind, Carlos Morgan, and Michael Parks expired. Mr. Burfeind and Mr. Morgan wish to continue their voluntary public service on the Planning Commission for another two-year term. Mr. Parks completed his term and resigned effective December 31, 2013. Notice of vacancy has been posted. Northwest Hennepin Human Services Council Advisory Commission The Northwest Hennepin Human Services Council is a human services planning and coordinating agency serving the cities of Brooklyn Center, Brooklyn Park, Champlin, Corcoran, Crystal, Dayton, Golden Valley, Hanover, Hassan, Maple Grove, New Hope, Osseo, Plymouth, Robbinsdale, and Rogers since 1972. The Advisory Commission is composed of citizen representatives appointed for two-year terms by their respective City Council. Each member city appoints two representatives. On December 31, 2013, the Northwest Hennepin Human Services Council term of Sharon Kephart expired. Ms. Kephart wishes to continue her voluntary public service on the Northwest Hennepin Human Services Council Advisory commission for another two-year term. Northwest Suburbs Cable Communications Commission The Northwest Suburbs Cable Communications Commission is composed of two representatives from each participating City, one of which is a representative of the City Council and the other a resident of the city, with members serving a one-year term. On December 31, 2013, the Northwest Suburbs Cable Communications Commission term of Rex Newman expired. Mr. Newman wishes to continue his voluntary public service on the Northwest Suburbs Cable Communications Commission for another year. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public Mist City of Brooklyn Center Financial Commission Geographical Distribution (Chairperson and Six Members) Current Members January 13, 2014 Neighborhoods Southeast Northeast Northwest West Central Central Current Members Dan Schueller Patricia Glenn Steve Landis Dean Van Der Werf Rex Newman Teneshia Plunkett Southwest One vacancy. Applicant(s) a) LU ILI 0_ a. 0_ 0_ 0_ W a. a. CL CL LU CL a. a. w a. LU _c Cf) a. LU 0_ W a. a. DD DD LU 0_ CI_ 0_ ILI LU 0_ CL CL CL -0 0 CO (..) 0 C -C 0 cf.) a. LUOLUDDDDDD -0 C =a)Z).. <0 c4.-1c 0 0 0 1.- cc.— 0 CO ct .— w CL CL. a. a_ a. a. a. a a. a. c E >" 0 2 E "coo2 c) ca) 03 ---.° To voc 4- 5 0 E a. fl 0 C 11 Q. a. a. a a. a. a. oe) a) >+ as v- z:1-' C c)0 ir. c4 CO CD [—CV CO CO CO CO CO CO co co, , ...- , , , , , (;) cD CD 0 0 CD ,0 N N N N N N N N 0 CO T— LO LO CO N. 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(Chairperson and Six Members) Current Members January 13, 2014 Park Service Area Applicants P.S.A. 1 P.S.A. 2 Current Members Travis Bonovsky Jill Dalton Thomas Shinnick Gail Ebert Jerome Witalka Bud Sorenson John Russell P.S.A. 3 P.S.A. 4 P.S.A. 5 0.0 0 .0 a)>oZ a..CL CL CL W CL CL 0-00"t5 CL 0_0_CL 0_ .o 0_IL 0_CLCL =o)=<z <z CL CL 0_W 0_CL a. a_a_o_a.< 0.CL CL 0_0_CL a.a. CO w CL W CL CO 1-.0a)a.a.w a.0_0_CL CO= .CLCL W CLCLCL 0 a) ria) a) cf) _c 0 "t 0 C', City of Brooklyn Center Planning Commission Geographical Distribution (Chairperson and Six Members) Current Members January 13, 2014 Neighborhoods Southeast Northeast Northwest West Central Central Southwest Current MembersApplicants Stephen Schonning Randall Christensen Benjamin Freedman Scott Burfeind Carlos Morgan Two vacancies. 01.0Ce: g 0CIa)(4 -4. 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''`' 4.)c/)004 I---1-16a)4=0-4-,Q el) 6CJ4=0-4.Q 0 71',-■ c..),Ct ,.,_r-© el,_, c'r.) ,cz5 a)GeQA City Council Agenda Item No. 10e - COUNCIL ITEM MEMORANDUM DATE: January 8, 2014 TO: City Council FROM: Curt Boganey, City Managgl SUBJECT: Tobacco Products Shop Recommendation: It is recommended that the City Council consider approval of resolution establishing a moratorium and adoption of an ordinance prohibiting sampling in Tobacco products shops. Background: At the December 9th Study Session there was discussion regarding "vaping" and "vaping" lounges (excerpt enclosed). Attorney LeFevere explained that with respect to hookah lounges the Minnesota Clean Indoor Air Act there is an exception for sampling in licensed tobacco retailers, but there is no definition of sampling. He explained that the City Council could close this particular loop hole by the adoption of an ordinance prohibiting sampling. In addition he stated the Council could adopt a moratorium resolution that would take effect immediately. This would prohibit the establishment of hookah lounges during the ordinance adoption time frame. In the mean time staff will be reviewing the e-cigarette issue and will provide the City Council with a report of its findings. Budget Issues: There are no budget issues to consider. Mission: 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 ESTABLISHING A MORATORIUM ON ESTABLISHMENT OF TOBACCO PRODUCTS SHOPS WHEREAS, the purpose of the Minnesota Clean Indoor Air Act, Minnesota Statutes, Sections 144.411 to 144.417 (the "Act") is to protect the public from the hazards of secondhand smoke in public places; and WHEREAS, the Act generally prohibits smoking of tobacco products in public places but allows sampling of tobacco products in tobacco products shops; and WHEREAS, the Act authorizes any statutory or home rule charter city to enact and enforce more stringent measures to protect individuals from secondhand smoke; and WHEREAS, the Council has under consideration an ordinance that would prohibit sampling in tobacco products shops; and WHEREAS, the Council has determined that it is necessary and in the public interest to impose a moratorium on the licensing and development of new tobacco products shops during consideration of the ordinance prohibiting sampling in tobacco products shops to protect the public from the hazards of secondhand smoke and the establishment of new tobacco products shops prior to the effective date of the proposed ordinance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1.The moratorium established by this resolution shall apply throughout the City. 2.The moratorium applies to the following types of applications: new tobacco sales license applications for tobacco product shops and building permit applications for new tobacco products shops or expansions or alteration of existing tobacco product shops. 3. The moratorium applies to any application pending as of, or after, the date of this resolution. During the period of this moratorium, no new tobacco products licenses for tobacco products shops and no building permits for the construction, expansion or alteration of tobacco products shops will be issued. For purposes of this resolution, tobacco products shops shall have the meaning given in Minnesota Statutes, Section 144.4167, subdivision 4. 4. The moratorium shall remain in effect for 90 days or until the effective date of an ordinance prohibiting sampling in tobacco products shops, whichever occurs first. RESOLUTION NO. 5. This Resolution is effective upon adoption. January 13, 2014 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 OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of February 2014 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance prohibiting sampling in tobacco products shops; adding new Brooklyn Center City Code, Section 23-110. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE PROHIBITING SAMPLING IN TOBACCO PRODUCTS SHOPS; ADDING NEW BROOKLYN CENTER CITY CODE, SECTION 23- 110 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code is amended by adding new Section 23-110 as follows: Section 23-110. SAMPLING PROHIBITED. The inhaling or exhaling of smoke from any lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product in a tobacco products shop, as defined in Minnesota Statutes, section 144.4167, subdivision 4, is prohibited. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2014. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Stfikcout indicates matter to be deleted, underline indicates new matter.) December 9 th Study Session Excerpt MISCELLANEOUS Review of "Vaping" Lounges Regulatory Issues Councilmember Lawrence-Anderson stated she met with Emily Anderson of the Association of Non-Smokers of Minnesota, along with Councilmember Myszkowski and Officer Kris Knodle, to review the issue of "vaping," or non-smoking cigarettes, and vaping lounges. She added Ms. Anderson provided very valuable information regarding this alarming trend, which is targeted at youth. She stressed the importance of placing a moratorium on such businesses until the City Council can discuss this issue and make the necessary ordinance changes to provide control and restriction at the City level. Councilmember Lawrence-Anderson expressed concern that because of redevelopment in Brooklyn Center, specifically Shingle Creek Crossing, the City's older strip malls will attract these new types of businesses that are not desirable in tenns of quality and image. She added she submitted a sample ordinance from the League of Minnesota Cities to Mr. Boganey for staff review. Mayor Willson stated he would support directing staff to research this issue and provide more information to the City Council at a study session, including staff report and possible solutions. The City Council agreed. Mayor Willson asked whether a moratorium could be placed on development of this type of business while the City Council reviews this issue. Mr. LeFevere confirmed this. Mayor Willson stated the City Council should consider what type of designation could be used to differentiate it from other businesses. Mr. LeFevere stated, with regard to hookah lounges, the Minnesota Clean Indoor Air Act includes an exception for sampling in licensed tobacco retailers, but there is no definition of sampling. He added this is an easy fix, as the sampling of tobacco could be strictly prohibited in the City ordinance pertaining to licensure. Mr. LeFevere stated the City Council could consider a moratorium on this entire kind of business, which would not affect existing businesses, and a study could be conducted. He added it is within the Council's aegis to impose licensing and regulation, which can be done without a moratorium, and unless the ordinance is changed, hookah lounges are a permitted use. Mayor Willson stated applicants could come through for approval before the ordinance amendment process is complete and the ordinance takes effect. Mr. LeFevere stated the City Council could adopt a moratorium resolution at the same time that a moratorium ordinance goes into effect. He added there is legal precedent for that process, and it is a defensible case. He noted this could be addressed by the City Council at its next Regular Session. The City Council agreed. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to reconvene the Study Session at 6:47 p.m. Motion passed unanimously. Review of "Vaping" Lounges Regulatory Issues - continued The discussion continued on the issue of an amendment to City ordinance related to regulation of non-smoking lounges. Councilmember Lawrence-Anderson thanked Mayor Willson and the City Council for their consideration of this issue and its implications for the community. Councilmember Myszkowski agreed, adding the meeting with Emily Anderson was very informative, and she was horrified to understand the extent that big tobacco corporations are involved in promoting vaping to youth. She noted the #1 flavor for non-smoking devices is gummi bear. Councilmember Lawrence-Anderson expressed concern that a new generation of non-smokers is now being exposed to this concept, which appears harmless and safe due to lack of education. Councilmember Ryan stated he appreciates the efforts of Councilmembers Lawrence-Anderson and Myszkowski for bringing this issue forward for the Council's attention and action. Councilmember Kleven also thanked Councilmembers Myszkowski and Lawrence-Anderson for bringing up this issue so the Council could address it with some urgency. City Council Agenda Item No. 10f COUNCIL ITEM MEMORANDUM DATE: January 13, 2014 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director 6g— SUBJECT: Capital Project Funding Policy Recommendation: It is recommended that the City Council consider adoption of the attached resolution adopting a Capital Project Funding Policy that will provide a recurring source of funding for the City's 15- year Capital Improvement Plan. The Policy specifically identifies three main funding sources as follows: 1.Audited year-end General Fund unassigned fund balance above 52% of the next year's General Fund operating budget. 2.Audited year-end Liquor Fund unrestricted cash balance that exceeds 3.5 months of the next year's operating budget and one year of budgeted capital equipment needs. 3. Local Government Aid (LGA) received in the amount of $650,000 or half of the amount received by the City (whichever is greater). If the Capital Projects Funding Policy is approved, City staff has conservatively estimated that $1.1 million in annual Capital Project funding will be provided through these funding sources. Background: The City of Brooklyn Center has a responsibility to its citizens to carefully account for public funds, to manage municipal finances wisely, and to plan the adequate funding of services desired by the public. The recommended policy is consistent with the City's approach of multi-year financial planning, reducing the City's reliance on State Shared Revenues, maintaining a targeted General fund balance, and provides a funding mechanism for current and future infrastructure needs. The Capital Project Funding Policy will be incorporated in the City Council Code of Policies — Section 2.21 Financial Management Policies, 3.K Capital Project Funding Strategic Priorities: Financial Stability — We will maintain a positive financial position with a long term perspective by diversifying revenue sources, aligning fees to adequately reflect service costs, stabilizing property taxes while reducing the City's reliance on State Shared Revenues, and ensuring that revenues are adequate to fund service and infrastructure needs. Mission: Ensuring an attractive, clean, safe comnninity that enhances the quality of life and preserves the public t iutsi Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CAPITAL PROJECT FUNDING POLICY WHEREAS, the City Council of the City of Brooklyn Center has adopted Financial Stability as a Strategic Priority. The City will maintain a positive financial position with a long perspective by diversifying revenue sources, aligning fees to adequately reflect service costs, stabilizing property taxes while reducing the City's reliance on State Shared Revenues, and ensuring that revenues are adequate to fund service and infrastructure needs; and WHEREAS, the Capital Project Funding Policy provides a recurring funding source for the City's Capital Improvement Plan; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Capital Project Funding Policy identified in this resolution is hereby adopted and will be incorporated in City Council Code of Policies — Section 2.21 Financial Management Policies, 3.K Capital Project Funding January 13, 2014 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. RESOLUTION NO. City of Brooklyn Center Capital Project Funding Policy Note: To be incorporated in the City Council Code of Policies — Section 2.21 Financial Management Policies, 3.K Capital Project Funding. 1.Each year, following the completion of the annual audit (typically July) the year-end fund balance of the General Fund will be reviewed for surplus operating funds. The audited year-end General Fund unassigned fund balance that exceeds 52% of the next year's General Fund operating budget will be transferred to the Capital Projects fund. 2.Each year, following the completion of the annual audit (typically July) the year-end cash balance of the Brooklyn Center Liquor operations will be reviewed for surplus operating funds. The audited year-end Liquor Fund unrestricted cash balance that exceeds three and a half months of the next year's budgeted operating expenses and one year of budgeted capital equipment needs will be transferred to the Capital Project fund. 3.Local Government Aid (LGA) will serve as a funding source for current and future capital projects. On an annual basis, beginning with the 2015 LGA allotment, the City will receipt the greater of $650,000 (or the full amount if less than $650,000) of LGA received OR 50 percent of total LGA. 4.Any remaining fund balance at year-end in the Capital Projects funds will be carried forward to fund future capital improvement projects as identified in the City's Capital Improvement Plan. oocr)co LU .7rcr) UI s•-1 CD co LU LU tf). 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CC CU .L6CUI-CU CU ciu:)CU CU CU0 -c CC) CO' CU CU 5CUCU CU CU CUCU CCCU Fni CU 3 S CUCU taD _cCU 11.1 co CU N. CU 2a. coCU CU CU CU CU CU 2 CU CU0 0 0 coN-N a 0. 69 69 09 69 69 a acC to a a a- ea CO, Co to 0to to 03 a 69 City Council Agenda Item No. lOg COUNCIL ITEM MEMORANDUM DATE: January 13, 2014 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Transfers to the Capital Projects Fund Recommendation: It is recommended that the City Council consider adoption of the attached resolution approving the following transfers to the Capital Projects fund: 1.Transfer of General Fund unassigned fund balance above 52% of the next year's General Fund operating budget. Description Amount 12/31/2012 Unassigned Fund Balance $10,597,944 Fund Balance Required by Policy (52% of 2014 GF Budgeted Expenses of $18,466,250)(9,602450) General Fund Transfer Amount $995,494 2.Transfer of available funds that exceed the operating needs of Liquor operations. The operating needs are considered to be three and a half months of next year's budgeted operating expenses and one year of the Liquor fund's capital needs. Description Amount 12/31/2012 Unrestricted Cash Balance $1,987,770 2014 Operating Budget (3.5 Months)(1,720,872) 2014 Budgeted Capital Outlay (0) Liquor Fund Transfer Amount $266,898 3.Transfer and closing of the 2003A Improvement Debt Service Fund (Fund 31100). This fund accounted for the collection of property tax revenue and debt service payments for the 2003A General Obligation Improvement Bonds. These bonds were paid off as of 2/1/2013. The fund has an approximate balance of $958,145. Debt Service Fund Transfer Amount (estimated) $958,145 4.Transfer and closing and 2004A Refinance Debt Service Fund (Fund 31300). This fund accounted for the collection of property tax revenue and debt service payment for the 2004A General Obligation Police & Fire Building Refunding Bonds. These bonds were paid off as of 2/1/2013. The fund has an approximate balance of $1,170,284. Debt Service Fund Transfer Amount (estimated) $1,170,284 Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Background: On September 9, 2013 the Brooklyn Center City Council/Economic Development Authority (EDA) held a work session to discuss unfunded capital projects and the prioritization of those projects. The City Council was provided a list of uncommitted balances that would be potentially available to use for the funding of capital project if deemed appropriate by the City Council/EDA. On December 9, 2013 the City Council adopted the 2014 Budget that included the following $4.4 million in projects that would be City funded through the Capital Projects Fund: Project City Cost Community Center $4,106,000 Amphitheater (City Portion)100,000 Willow Lane Park Trail 56,000 Athletic Field Fence 56,000 Wangstad Park Trail/Court 19,000 Total .$4,337,000 If the recommended transfers and the Capital Projects funding policy are approved, funding would be sufficient to cover the costs of these projects. Capital Project Funding Amount 12/31/2012 Fund Balance $104,517 Proposed Transfers 3,390,821 Proposed Policy Funding Sources 1,230,133 Total $4,725,471 Strategic Priorities: Financial Stability — We will maintain a positive financial position with a long term perspective by diversifying revenue sources, aligning fees to adequately reflect service costs, stabilizing property taxes while reducing the City's reliance on State Shared Revenues, and ensuring that revenues are adequate to fund service and infrastructure needs. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING TRANSFERS TO THE CAPITAL PROJECTS FUND WHEREAS, the City Council of the City of Brooklyn Center has adopted the 2014-2028 Capital Improvements Program following review and discussion by the City Council; and WHEREAS, the City Council has reviewed and discussed available uncommitted fund balances as a source of funding for Capital Projects; and WHEREAS, the 2003A General Obligation Improvement Bonds and the 2004A General Obligation Police & Fire Refunding Bonds are retired and the funds should be closed and all remaining balances of these funds transferred to the Capital Projects Fund; and WHEREAS, the following transfers of funds have been identified for the purpose of providing funding for Capital Projects: From To Amount General Fund Capital Projects $995,494 Liquor Fund Capital Projects 266,898 2003A Improvement Debt Service Fund Capital Projects 958,145 2004A Refinance Debt Service Fund Capital Projects 1,170,284 Total $3,390,821 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the transfers identified in this resolution are hereby adopted. January 13, 2014 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. 1011 COUNCIL ITEM MEMORANDUM DATE: January 13, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk NICW-1034-411(-- SUBJECT: Type IV 6-Month Provisional Rental License for 6906 Newton Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 6906 Newton 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 property qualifies for a Type IV Rental License based on the number of property code violations (nine) and validated police nuisance incidents (zero). The property owner received a Type IV Rental License on July 22, 2013 on condition of adherence to the Mitigation Plan and City Ordinances. According to City ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities: 09-16-2013 The owner, Eric Syrstad, applied for renewal of the rental dwelling license for 6906 Newton Ave N, a single family dwelling. 09-30-2013 The previous Type IV license expired. 10-08-2013 An initial rental inspection was conducted. Nine property code violations were cited, see attached rental criteria. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of hfe for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 12-12-2013 12-16-2013 01-06-2014 05-20-2013 05-23-2013 05-30-2013 06-12-2013 06-05-2013 06-25-2013 07-15-2013 A second inspection was conducted and passed. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 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. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held January 13, 2014. Rental License approval activities: The Owner, Eric Syrstad, applied for renewal of the rental dwelling license for 6906 Newton Avenue N, a single family dwelling. An initial rental inspection was conducted. Ten property code violations were cited, see attached rental criteria. A second rental inspection was conducted and Passed with weather deferral related to repair or replacement of the siding and soffits. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. The previous rental license expired. 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. The owner was notified of past due property taxes. A rental inspection was conducted for all weather deferred items and passed. Property taxes were confirmed paid. 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. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held July 22, 2013. 11-08-2013 11-08-2013 11-20-2013 Prior Type IV 01-03-2013 01-28-2013 02-27-2013 02-27-2013 03-31-2013 05-20-2013 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. Mission: Emitting an attractive, clean, safe, inclusive community that enhances the quality of life Jam people and preserves the public trust COUNCIL ITEM MEMORANDUM Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar 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. 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 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. 0 At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. II/fission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (nut 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 II— 2 Year 1-2 units 3+ Units 1-2 units 3+ units 0-1 0-0.75 Greater than l but not more than 4 Greater than 0.75 but not more than 1:5 1-2 units .3+ units 1-2 units 3+ units Greater than 4 but not more than 8 Greater than 1.5 but not more than 3 Greater than 8 Greater than 3 Type III — 1 Year Type IV —6 Months License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 .1•11■31■11 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 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 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 Budget Issues: There are no budget issues to consider. Council Goals: Strategic Priorities: Vibrant Neighborhoods Attachment - Copy of Mitigation Plan Approved as Part of the January 13, 2014 Type IV Rental License Approval - Resolution Approving a Type IV Rental License for 6906 Newton Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6906 NEWTON AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6906 Newton Avenue N, was issued a Type IV Rental License on July 22, 2013; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for an owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners/Managers Association Meetings, complete Crime Prevention Through Environmental Design Requirements and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 6906 Newton Avenue N, Brooklyn Center had nine property code violations; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6906 Newton Avenue N, Brooldyn Center, MN. January 13, 2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 DEC 12 2013 Phone: 763-569-3300 TTY 711 Fox: 763-559-3360 www.cityofbrooklyncenter.org Rental License Mitigation Plan—Type IV Rental License Handwritten plans will not be accepted. Please type or ttse finable fora? On City website. ,-.-‘, ‘,.., mi., •-......, ,, -15 e - .,tlP.P. e o enue o kIyd bnter MN%-- anie. stli — s °cal en -r '..7c- rs 'eti 't ate ‘c,, . ...ler. res --.i--, bii a its- ., 7,fä/rgiI Corja- a'ffiddlgi 6F:r ci 296Zt— .e.'Viii.O1 0,1* '''''''''''.4 ' ANV*;=-, • enti one : s • ..., .7.04. 36-': .,. . _ _,i• .... i n 4-, -.P•jcQ I 1 a 00. . ..,. -c::-.;::::,, zu rer, re erswere pstts,pip...,..., .:- .:,-.--•e-o,"(a lee I I e walCutenx Y 100 tO q On ' - 12'-xXt 1 _.-.,., ¶ udiVLise , x ate 8 .1-10 P..._ -...„ . lir Ittlis_ _ in;:eurretw _ rtse-.'Opo: :010, ,-_, ‹..., arch 31, 2014 XT Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License, Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to con -ect 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. - CO.,t6tit:_:,,,,. tiiii10.. -104.iiiiir-vsktRa NOTICE: Time is Running Out-You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Submit thethe 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. 1 I I. 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum1 3. Submit written report by 10 th of each month (after license approval). ,t=$47.1to - ,10114:45 RpOtiki:44601044.110%Iii 02:8417ESSAMPi ei I' I 1. Use written lease including Crime Free Housing Lease Addendum. I i I 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. I 1 J 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 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: Januafy2o, 21n (Oart.Aeut4d) or Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Data Scheduled: 1/13/2013 2 months lollowthg Inspection mullsImprovements to be completed by: Phase III I will attend a minimum of 50% of the ARM meetings (two). will attend the ARM meetings scheduled for: 1111403 Do these two meeting dates occur before the *Pending Type It 'License expiration date? Yes 0 No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. I will have no repeat code violations previously documented within the past year. For properties with four or more units: 1 II I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. P gataagl_ Based on condition and age, estimated replacement dates are provided for common cap'tal items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will reciuire earlier corrections. Date Lest Replaced Estimated Replacement Date Furnace/AC-1995 2020 Water Heater-2000 2015 Kitchen Appliances-1995 2020 Laundry Appliances-2010 2020 Exterior -Paint/Siding, fascia, trim 6/2013 2018 -Windows 1995 2026 -Roof , snore 2031 -Fence Fence not owned, adJecent properly owners NA wk -Shed 1096 repair as needed -Garage 1955 repalr as needed -Driveway S ism and 2012 2040 -Sidewalks 1995 2030 Smoke Alarms &Carbon Monoxide Alarms 2009 zots Other(s) A.VtiVO.2-4- " Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: 1 Cheek in with tenants every 30 days.II 2. Drive by property to check for violations twice a month. I I & 1/9114 Page 2 Type IV Mitigation Plan Rev 11-16-11 3 Evict tenants in violation of the lease and all addendums. Provide lawn/snow service. Provide garbage service. Install security system. 7.Provide maintenance service plan for appliances. Name of service co.: 8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9. Other(s): twill continue to correct any coda violations and make repairs and maintain the property in a responsible manner. 'I t Owner or Agent Signatu For City Use-Mitigation Plan Approved By: /c// - Polic Department! Title Date /10 7 Me (-) ' uildinyr m ity Standards Department / Title 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 1h 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. Eric Syrstad (property owner) Owner or Agent Name and Title (Please Print) .Brenten G Hayden (agent/ property manager) Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) i Vi 3 Date Date Page 3 Type IV Mitigation Plan Rev 11-16-11 AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION January 13, 2014 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 and Discussion on Items Relating to the Future Redevelopment Within the Southern Portion of the Opportunity Site: •Presentation by the McCombs Group of a Residential Demand Study 2015- 2035 •Presentation by ESG Architects of a Mixed Use Development Concept Providing Opportunities for Move Up Housing and Retail/Service/Office Uses PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.BC University 2.Inclusion and Diversity Follow Up — Community Engagement Strategies 3.Consideration of Modifying Setback Requirements for Front Porches 4.Citywide Environmental and Sustainability Efforts Update 5.Sister City Voinjama Visit Update 6.E-Cigarette Report Parking Lot Issues Joint Meeting with Charter Commission Work Session Agenda Item No. 1 ORAN UM - COUNCIL WORK SESSION DATE: January 13, 2014 TO: Curt Boganey, City Manager FROM:S?_Gary Eitel, Director of Business & Development SUBJECT: Review and Discussion on Items Relating to the Future Redevelopment Within the Southern Portion of the Opportunity Site o Presentations by the McCombs Group of a Residential Demand Study 2015- 2035. o Presentation by ESG Architects of a mixed use development concept providing opportunities for move up housing and retail/ service/office uses. Recommendation: It is recommended that following the presentations by the McCombs Group and ESG Architects, the City Council consider providing direction to staff regarding the process of modifying the Opportunity Site Master Plan. Background: The Opportunity Site Study Area is an area of approximately 100 acres that lies north of Bass Lake Road, east of Shingle Creek Parkway, south of Summit Drive and west of State Highway 100. In the early 2000's, the Metropolitan Council included this area in a Regional Study (2002 Calthrope Study) which facilitated a comprehensive approach to community planning that focused on transforming underperforming retail areas into vibrant mixed-use neighborhood destinations. In the winter of 2004, Team Brooklyn Center, led by Damon Farber Associates was commissioned by the City of Brooklyn Center to lead an eight member community task force to prepare a master plan, a set of design guidelines, zoning amendments, and a request for proposal for a phase one developer. On February 27, 2006, the City Council adopted Resolution No. 2006-26, Accepting Report from Opportunity Site Task Force, Thanking Opportunity Site Task Force for Its Work, and Directing Implementation efforts. Attached for your reference is a copy of the Opportunity Master Site Plan, narrative of the four Master Plan Districts, and Resolution 2006-26. In 2007, the City began its process of updating its Comprehensive Plan. The Land Use element of the 2030 Comprehensive Plan was amended to provide for a mixed land use of residential, office, retail business, and public & semi-public uses. Appendix B of the 2030 Comprehensive Plan reviewed the Opportunity Site Master Plan and Development Guidelines and acknowledged the fiscal challenges of land assemblage and economic viability of implementing the plan given the current market conditions. In 2008, the EDA acquired the former Brookdale Ford Site, the southern 8.4 acres of the Opportunity Site fronting on Bass Lake Road. The buildings were demolished during the Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMO A NDUM - COUNCIL WORK SESSION summer of 2008 and numerous attempts to work with the adjacent property owner were made to pursue redevelopment opportunities of the combined properties as a premier 32 acres site. As part of the recent strategic planning efforts, the Opportunity Site has been identified as three unique areas: The Northern Area, the 23.67 acres lying north of John Martin Drive and west of Summit Drive, anchored by Target. The Eastern Area, the 12.78 acres lying east of John Martin Drive, south of Summit Drive and adjacent to Highway 100, anchored by the former K-Mart Building. The Southern Area, the 47.36 acres lying north of Bass Lake Road and south of John Martin Drive, anchored by the EDA properties (the fowler Brookdale Square and Brookdale Ford sites) In December 2013, the EDA acquired the 23.2 acre Brookdale Square site. Attached for your reference is a site plan of the property which identifies the current leases of two of the three outbuildings and the tenant spaces within the strip center. Residential Demand Market Study 2015-2035 Jim McCombs, McCombs Group, Ltd., has prepared a residential market demand study for the Opportunity Site, which examines the City's current housing stock, identifies the current apartment market and residential amenities included in today's market; and provides findings and recommendations on a market receptiveness to the development of new apartments with amenities which are currently not part of the City's housing stock. At the January 13th Work Session, Jim McCombs will provide a brief PowerPoint Presentation summarizing this study and the potential market demand of market rate apartments and townhomes over the next 20 years. For your reference, portions of the study have been attached to this report (Introduction and Chapter 6, Findings & Recommendations). A complete report will be provided at the meeting. ESG Architects Design Concept for the Southern Portion of the Opportunity Site. ESG Architects was part of the consultant team that prepared the 2006 Opportunity Site Master Plan and was recommended by the McCombs Group as an architectural firm that could provide a conceptual design concept for the Opportunity Site that would reflect the current housing market and development potential identified in the Housing Market Demand Report. Dennis Sutliff, Principal with ESG Architects has prepared the attached concept plan for a new residential development for the Southern Portion of the Opportunity Site and will also be present at the January 13 th Work Session with a brief PowerPoint presentation on the concept plan and examples of the variety of housing units and design elements included in their conceptual layout. Policy Issues: Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMO NDUM - COUNCIL WO SESSION Does the City Council support proceeding with a plan amendment that refocuses the potential development vision for the Opportunity Site? Does the City Council wish to have the Planning Commission, Housing Commission, and the Park & Recreation Commission review and comment on the Conceptual Development Layout prepared by ESG Architects? Strategic Priorities: O Community Image O Focused Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 1E3' • •• • - - • • ............... .... ..•... :•1=.... ■■•• ••••• ... ...... = 4-0a) c- 49 o -c 0 6-- , a, >, E.( a) (Cl 4-U) (Cl --c 'f=1 °La. 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(I) >,sa 4--.04— -0 0 0 .`2.."0 -5'c ..0 c as a)0 1— 0) 0.700W00)5uc o t 3 0 0, • ,--CD 2 o0 s- -0 —0 00 0 '0 80 -C) 0 .= 0 0c.) _-C E 0 2:7) o•— 'I= C-0 8Z p).F, c (7, o CS... 0 CO u) 022 0..) 0 — 0 -0-6).y) := 0 a)C t(3.1LE0 Q) ,__0)(c)"0 000 "W 0 u) • — • 5CJI— LE '3 (1) _a Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2006-26 RESOLUTION ACCEPTING REPORT FROM OPPORTUNITY SITE TASK FORCE, THANKING OPPORTUNITY SITE TASK FORCE FOR ITS WORK, AND DIRECTING IMPLEMENTATION EFFORTS WHEREAS, the City Council appointed a task force to study and make recommendations regarding the Opportunity Site; and WHEREAS, the City Council also asked the Opportunity Site Task Force to review the former Northbrook/Hmong American Shopping Center Site; and WHEREAS, the Task Force has conducted a number of meetings over the past year; and WHEREAS, the Task Force has studied both the Opportunity Site and the Northbrook/Hmong American Shopping Center Site; and WHEREAS, the Task Force has presented its recommendations to the City Council; and WHEREAS, public Open Houses were held for the NorthbrooldHmong American Shopping Center Site and the Opportunity Site; and WHEREAS, the City Council would like to express its appreciation to the Opportunity Site Task Force and the many citizens who have participated in the Open Houses and study processes; and WHEREAS, the City Council wishes to go forward with the recommendations of the Opportunity Site Task Force. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the members of the Opportunity Site Task Force be and hereby are thanked for their valuable and dedicated service in developing the Opportunity Site report and the development of design standards and guidelines for the Opportunity Site and the Northbrook/Hmong American Shopping Center Site. BE IT FURTHER RESOLVED that the City Council of the City of Brooklyn Center, Minnesota, hereby accepts, with gratitude, the report of the Opportunity Site Task Force. RESOLUTION NO. 2006-26 BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that staff be and hereby are directed to continue work to develop frameworks for the implementation of the recommendations of the Opportunity Site Task Force with the recommendations for the Opportunity Site Task Force being referred to the Planning Commission for study and development of proposed amendments to the City's Comprehensive Plan as may be necessary to create a framework that would allow for the gradual implementation of the recommendations and standards set forth in the Opportunity Site Task Force report. February 27, 2006 Date City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Kay Lasman, and Diane Niesen; and the following voted against the same: mary 0' Connor • whereupon said resolution was declared duly passed and adopted. MEMO NDUM - COUNCIL WO SESSION February 27, 2006 City Council Minutes 10a. RESOLUTION NO 2006- 26 ACCEPTING REPORT FROM OPPORTUNITY SITE TASK FORCE, THANKING OPPORTUNITY SITE TASK FORCE FOR ITS WORK, AND DIRECTING IMPLEMENTATION EFFORTS Mr. McCauley stated Tim Willson and Jeanne Messersmith would be providing an overview of the work done on the Opportunity Site. Tim Willson, Opportunity Site Task Force Chair stated the task force came together well and have strong goals. He thanked the City Council for allowing him to serve on the Opportunity Task Force. Jeanne Messersmith thanked the City Council for allowing her to serve on the task force. She stated the theme has changed to meet the needs of the citizens and to increase the tax base. She discussed needs and changes that have taken place due to growth. She discussed the history of the changes in the area. Damon Farber stated Tom Whitlock was responsible for the construction of the guidelines. He stated all of the task force members share a passion for the property. He thanked City Staff for all their efforts on development of the report. He stated they are seeking support on the proposed strategy. Mr. Farber presented a presentation with the following highlights: Goals for Redevelopment, Task Force Vision Statement, A Long Term Vision for the Opportunity Site, and Redevelopment of the Logan and 57 Site. Councilmember O'Connor inquired about lower priced homes and apartment buildings. Mr. Farber responded by explaining the proposed level of quality and detail. Mr. McCauley explained that the guidelines are designed to have a level of relationship between space, landscaping, building materials and variations in facades that do not allow for cheap materials. Councilmember Lasman explained that in 1998 it was suggested to move in this direction with higher density, higher quality housing. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -26 Accepting Report from Opportunity Site Task Force, Thanking Opportunity Site Task Force for Its Work, and Directing Implementation Efforts. Councilmember O'Connor voted against the same. Motion passed. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust OPPORTUNITY AFEA 1:-:-ESIJilEisITIAL MAR T DEVI-ANL) 2015 TO 2035 Prepared for City of Brooklyn Center June 2013 McCO GROUP, Ltd.LI ' ,11 TABLE OF CONTENTS Chapter Subject Page INTRODUCTION Report Purpose vi I BROOKLYN CENTER OPPORTUNITY AREA 1-1 Greater Brookdale 1-1 Opportunity Area 1-2 Regional Access 1-5 Traffic Counts 1-6 II BROOKLYN CENTER COMPETITIVE APARTMENTS 2-1 Large General Occupancy Apartments 2-1 Apartment Managers/Leasing Agents Interviews 2-4 Low and Moderate Income Apartments 2-9 Senior Apartments 2-9 Summary 2-12 III CONTEMPORARY APARTMENT COMMUNITIES 3-1 Minneapolis 3-1 St. Louis Park 3-5 Summary 3-8 IV RESIDENTIAL DRAW AREA 4-1 Population and Households 4-2 Household Income 4-4Demographic Characteristics 4-6Housing Tenure 4-11 Employment 4-11 V BROOKLYN CENTER RESIDENTIAL GROWTH TRENDS 5-1 Population and Households 5-1 Residential Building Permit Trends 5-4 Multi-Family Trends 5-6 Minneapolis Building Permits 5-7 Household Formation 5-8 Stabilized Residential Demand 5-9 Brooklyn Center Residential Demand 5-10 VI FINDINGS AND RECOMMENDATIONS 6-1 Rental Market Segments 6-2 General Occupancy Apartments 6-4 Senior Housing Demand 6-7 Recommendations 6-9 APPENDIX A — Demographic Characteristics INTRODUCTION McComb Group, Ltd. was engaged by the City of Brooklyn Center to conduct market research and development consulting for the Opportunity Area. The objective of this engagement was to identify residential market demand that capitalizes on the Opportunity Area's inherent attributes, encourages redevelopment, and restores its economic vitality. Work tasks conducted as part of this engagement are summarized below. •Land uses within the Opportunity Area were identified and evaluated. This evaluation identified and quantified the current amount of office, retail, and other uses located within the study area and square feet of space contained in existing buildings. Information that was collected included: land and building area, assessor's land and building value, and property taxes. •Business establishments within the Opportunity Area were identified and categorized by type. The Opportunity Area evaluation included: access, visibility, and relationship to nearby activity centers and assets. Traffic counts in and around the study area were collected and analyzed. This task established baseline data on each property for future use. •Competitive housing developments in Brooldyn Center were identified including number of units, unit mix and size, rental rate, occupancy, unit features, building amenities, year built, and recent renovations. •Building managers and/or leasing agents were interviewed to determine tenant characteristics, who is looking for apartments, and other information pertaining to the study. •McComb Group maintains a proprietary database of historic residential growth trends in eight metropolitan area growth corridors for 1970 through 2011. Brooklyn Center is located in the 1-94 growth corridor, which extends from Minneapolis to Clearwater along 1-94. This model demonstrates that annual households increase in each corridor, as a percent of overall Metropolitan Area growth (market share), and tends to be relatively consistent over time, even though the absolute number of households will vary from year to year. This model was used to demonstrate how Brooklyn Center can accommodate I- 94 growth corridor housing potential in the Opportunity Area when land is available for development. •Historic residential building permits in Brooklyn Center and the 1-94 and North Metropolitan Area submarkets were analyzed to determine trends in number and types of permits issued. •The draw area for housing in the Opportunity Area was delineated based on growth corridor analysis and McComb Group experience. Draw area growth trends in population, households, employment, and household income were analyzed. Demographic trends and characteristics were compared for Brooklyn Center, the draw area, and the Seven-County Metropolitan Area. Other characteristics that were evaluated include age distribution, household income by householder, and tenure by age and household income. •Future housing demand in the Opportunity Area was identified. Detailed short-term estimates were prepared for the period 2015 to 2025 and include number of units and type, size, market orientation, market rental rates, sales prices, unit features, and building amenities. Market demand was allocated to the Opportunity Area by type of product. Less detailed longer term estimates were prepared for the period 2025 to 2035. The types of housing addressed include market rate general occupancy, affordable, and workforce housing, and the potential for future for-sale housing. Senior housing was addressed including affordable and market rate independent household, congregate, assisted living, and memory care. •Based on the results of the above market research tasks, recommendations for the next steps were formulated. This report contains the primary information needed to support the principal conclusions. However, in a report of this nature, it is not possible to include all of the information that was developed and evaluated. Any additional information will be furnished upon request. Report Purpose This report was prepared in accordance with our proposal dated December 14, 2012. This report was prepared with the understanding that the results of our work will be used by the client to identify market demand for housing in the Opportunity Area. Our report was prepared for that purpose and is subject to the following qualifications: •Our analysis did not ascertain the legal and regulatory requirements applicable to this project including zoning, other state, and local government regulations, permits, and licenses. NO effort was made to determine the possible effect on the proposed project of present or future federal, state, or local legislation, or any environmental or ecological matters. •Our report and analysis was based on estimates, assumptions and other information developed from research of the market, knowledge of the industry and discussions with the client. Some assumptions inevitably will not materialize and unanticipated events and circumstances may occur; therefore, actual results achieved will vary from the analysis. •Our analysis did not evaluate management's effectiveness nor are we responsible for future marketing efforts and other management actions upon which actual results are dependent. Our report is intended solely for the purpose described above and should not be used for any other purpose without our prior written permission. Permission for other use of the report will be•granted only upon meeting company standards for the proposed use. vi Chapter VI FINDINGS AND RECOMMENDATIONS The Opportunity Area is located in the northwest metro area with convenient access to employment centers in downtown Minneapolis, and the western and northern suburbs, making it an ideal location for households that wish to reduce commuting costs. Housing demand during the short-term period 2015 to 2025 is estimated at 2,076 to 2,737 units, as shown in Table 6-1. Initial market demand is estimated at about 200 to 260 units annually. Longer term demand (2026 to 2035) is estimated at 1,630 to 2,150 units. Table 6-1 STABILIZED RESIDENTIAL UNIT DEMAND; 2015 TO 2035 OPPORTUNITY AREA -- LOW AND HIGH Short-Term Long-Term Year Units Year Units Low High Low High Short-Term Long-Term 2015 195 257 2026 165 218 2016 196 258 2027 167 220 2017 198 261 2028 168 222 2018 200 264 2029 170 224 2019 202 267 2030 171 226 2020 205 270 2031 156 205 2021 173 228 2032 157 207 2022 174 230 2033 158 208 2023 176 232 2034 159 210 2024 178 234 2035 160 212 2025 179 237 Total 1,631 2,151 Total 2,076 2,737 Source: McComb Group, Ltd. The housing market is cyclical in terms of product types--single family, townhomes, and traditional multi-family, as well as rental and for-sale products. Single family is predominately for-sale products; however, many of the foreclosed homes have been purchased and are being offered as rental homes. Single family for-sale housing demand is recovering and is likely to be about 50 percent of annual housing production in the future. Townhomes, twin homes, and the multiplex units have been offered as both rental and for-sale products. Production of townhome and similar unit types has declined dramatically, only building permits for 14 units were issued in 2012. One factor currently influencing the for-sale townhome market is the narrow cost disparity with single family homes. Another factor is the potential for homeowner association litigation over perceived construction defects, which has caused some developers to avoid for-sale townhomes. Most townhomes and similar products in the future are likely to be rental products. The condominium market peaked in 2007 and has been replaced by an apartment boom. Condominium values are recovering; one building is under construction in downtown Minneapolis. Many developers are not interested in developing condominiums due to the potential for homeowner association litigation discussed above. These factors indicate that the likely housing products in the Opportunity Area will be rental products until such time the above concerns are resolved. Rental Market Segments There are six general rental market segments ranging from entry level households to seniors, as shown in Figure 6-1. All of these market segments are suitable for the Opportunity Area with unit features and building amenities that appeal to the prospective tenants. Figure 6-1 RENTAL RESIDENTIAL MARKET SEGMENT riliffigs,iag;a 1 [1_00:w_k_o_w., ° Frequently prefer to rent u Single, couple, or roommates, without children, in early 20s ° Young professionals seek features and amenities they grew up with iii\fictx,;&-(1011-.bActs_-, •Rent more upscale apartments •Married or cohabitating couples, mid-20s to 30s, most without children IDkOhickcsx■ ilgiciffi e,4\-;-o-ce-Ec.,, •Lost home to foreclosure in great recession •Lost interest in homeownership and prefer to rent ° Can afford upscale apartments with features and amenities ih-firy-w RWikdigileffeo-y Ricos'ligRi ° Generally couples in 50s and 60s ° Some seek lower maintenance housing products ° Some will consider renting •Watiow-Log-. HriAlc_qp-ofOitil Do -Pthr_i5 ° Will consider renting •Generally late 60s or 70s •May have a second home ° Often seek lower maintenance housing types Whiff `-'`6)-14-01:igi ° Generally single female (widows) in mid-70s or older •May move from single family home due to physical/health issues To enhance unit absorption over the long-term, Opportunity Area developments should appeal to as many market segments as possible. Short- and long-term housing demand is allocated in Table 6-2 between multi-family (90 percent) and townhomes (10 percent). Townhomes may or may not be included in the unit mix depending on developer preferences. Allocations between market rate and income restricted units is also suggested. Income restricted units are allocated at 30 percent of the total. Table 6-2 OPPORTUNITYAREA SHORT- AND LONG-TERM HOUSrNGDEMAND; 2015 TO 2035 MULTI-FAMILY AND TOWNHOMES Year Units Multi-Family Townhomes Market Rate Income Restricted Market Rate Income Restricted Short-Term 2015 195 - 257 123 - 162 53 - 69 14 - 18 6 - 8 2016 196 - 258 123 - 162 53 - 70 14 - 18 6 - 8 2017 198 - 261 125 - 164 53 - 70 14 - 18 6 - 8 2018 200 - 264 126 - 166 54 - 71 14 - 18 6 - 8 2019 202 - 267 127 - 168 55 - 72 14 - 19 6 - 8 2020 205 - 270 129 - 170 55 - 73 14 - 19 6 - 8 2021 173 - 228 109 - 144 47 - 62 12 - 16 5 - 7 2022 174 - 230 110 - 145 47 - 62 12 - 16 5 - 7 2023 176 - 232 111 - 146 48 - 63 12 - 16 5 - 7 2024 178 - 234 112 - 148 48 - 63 12 - 16 5 - 7 2025 179 - 237 113 - 149 48 - 64 13 - 17 5 -7 Subtotal 2,076 - 2,737 1,308 - 1,724 560 - 739 145 - 192 62 - 82 Long-Term 2026 165 - 218 104 - 137 45 - 59 12 - 15 5 - 7 2027 167 - 220 105 - 139 45 - 59 1-2 - 15 5 - 7 2028 168 - 222 106 - 140 45 - 60 12 - 16 5 - 7 2029 170 - 224 107 - 141 46 - 60 12 - 16 5 - 7 2030 171 - 226 108 - 142 46 - 61 12 - 16 5 - 7 2031 156 - 205 98 - 129 42 - 55 11 - 14 5 - 6 2032 157 - 207 99 - 130 42 - 56 11 - 14 5 - 6 2033 158 - 208 100 - 131 43 - 56 11 - 15 5 - 6 2034 159 - 210 100 - 132 43 - 57 11 - 15 5 - 6 2035 160 - 212 101 - 133 43 - 57 11 - 15 5 - 6 Subtotal 1,631 - 2,151 1,028 - 1,355 440 - 581 114 - 151 49 - 65 Total 3,707 - 4,888 2,335 - 3,080 1,001 - 1,320 259 - 342 111 - 147 Source: McComb Group, Ltd. Hous ing Type 2 Person 4 Person Figure 6-2 MULTI-FAMILY PR DUCT TYPES Tc,-61 mid (QA-ctfolai aria-of ((tAci. Ilabatc040 CI Market Rate - Rental a Workforce - Rental n Affordable - Rental 0 Subsidized - Rental n Townhouse u Active Adults - Rental 0 Congregate 0 Assisted Living 0 Memoiy Care The Opportunity Area is suitable for all of the general occupancy product types with for-sale units dependent on future market conditions. Workforce and affordable units should be included in the unit mix to increase absorption. Area Median Income (AMI) limits for two and four person households in the Metropolitan Area for 2013 are shown in Table 6-3. There are no income limits for market rate buildings. Workforce housing, for this example, are households with incomes over $51,550 and $64,400 for two and four person households, respectively. By way of comparison, Brooklyn Center's 2011 median income was estimated at $49,327 and the Metropolitan Area was $62,465. About half of the Metropolitan Area households are eligible for income limited housing at the 80 percent AMI limit or below. Since Brooklyn Center has a large supply of moderate income housing, it is recommended that income restricted units be for households with incomes above 60 percent of AMI. Table 6-3 AREA MFDIAN INCOME (AMI) LIMITS; 2013 Income Limit Market Rate None None Workforce (> 80%) > $ 51,550 > $ 64,400 Low Income (80%) 51,550 64,400 Very Low Income (50%) 32,950 41,150 Subsidized (30%) 19,800 24,700 Source: HUD. General Occupancy Apartments Market demand for multi-family units ranges from about 195 to 260 units per year over the next five years. Initial development may be less than estimated based on the developer's desires. The potential unit mix could be similar to the unit mix contained in table 6-4. The unit mix is primarily one and two bedroom units with a few studios and two bedroom/den units. Unit size ranges are similar to apartment communities in St. Louis Park and Minneapolis. Suggested rental rates in 2013 dollars are comparable to St. Louis Park. Brooklyn Center is an untested market and it is suggested that introductory rents are slightly lower in the initial development phase. Market rents can be increased in later phases. 6-4 Figure 6-2 MULTI-FAMILY PRODUCT TYPES ,Cocoioglalui 0 t utiMiliM i;•cs-.1_1u-st4-_i (V.E.,i:, ik:(4:14 -_FiAAKM) ° Market Rate - Rental ° Workforce - Rental ti Affordable - Rental ° Subsidized - Rental la Townhouse 0 Active Adults - Rental 0 Congregate 0 Assisted Living El Memoiy Care The Opportunity Area is suitable for all of the general occupancy product types with for-sale units dependent on future market conditions. Workforce and affordable units should be included in the unit mix to increase absorption. Area Median Income (AMI) limits for two and four person households in the Metropolitan Area for 2013 are shown in Table 6-3. There are no income limits for market rate buildings. Workforce housing, for this example, are households with incomes over $51,550 and $64,400 for two and four person households, respectively. By way of comparison, Brooklyn Center's 2011 median income was estimated at $49,327 and the Metropolitan Area was $62,465. About half of the Metropolitan Area households are eligible for income limited housing at the 80 percent AMI limit or below. Since Brooklyn Center has a large supply of moderate income housing, it is recommended that income restricted units be for households with incomes above 60 percent of Table 6-3 AREA MEDIAN EN-COME (AMI) LEVITT S; 2013 Income Limit Housing Type 2 Pers on 4 Person Market Rate None None Workforce (> 80%) > $ 51,550 > $ 64,400 Low Income (80%) 51,550 64,400 Very Low Income (50%) 32,950 41,150 Subsidized (30%) 19,800 24,700 Source: HUD. General Occupancy Apartments Market demand for multi-family units ranges from about 195 to 260 units per year over the next five years. Initial development may be less than estimated based on the developer's desires. The potential unit mix could be similar to the unit mix contained in table 6-4. The unit mix is primarily one and two bedroom units with a few studios and two bedroorn/den units. Unit size ranges are similar to apartment communities in St. Louis Park and Minneapolis. Suggested rental rates in 2013 dollars are comparable to St. Louis Park. Brooklyn Center is an untested •narket and it is suggested that introductory rents are slightly lower in the initial development _,hase. Market rents can be increased in later phases. Table 6-4 OPPORTUNITYAREA MARKET RATE, APARTMENT UNIT MD( Percent of Units .Type Baths Unit Size Sq. Ft. Range Rent Range Market Introductory Studio 1 500 - 600 $1,050 - $1,260 $965 - $1,160 25%One Bedroom 1 700 - 800 $1,365 - $1,640 $1,225 - $1,510 20%One Bedroom 1.5 800 - 850 $1,520 - $1,575 $1,395 - $1,445 10%One Bedroom/Den 1.5 900 - 1,000 $1,620 - $1,850 $1,490 - $1,700 38%Two Bedroom 2 1,000 - 1,200 $1,860 - $2,232 $1,710 - $2,053 2%Two Bedroom/Den 2 1,190 - 1,300 $2,140 - $2,340 $1,970 - $2,153 Source: McComb Group, Ltd. Proposed rents for the Opportunity Area are compared to existing rental rates in Brooklyn Center in Table 6-5. Existing rents range from 45 to 70 percent of AMI, reinforcing the point that Brooklyn Center has a significant inventory of affordable housing. Proposed rents range from 75 to 150 percent of AMI. Table 6-5 EXISTING RENTS AND PROPOSED RENTS AS A PERCENT OF AREA MEDIAN INCOME; 2013 Annual Required Percent Rent/Mo Rent Income of AMI Brooklyn Center $750 $ 9,000 $ 30,000 45.4 % $900 10,800 36,000 54.6 $1,150 13,800 46,000 69.7 Opportunity Area $1,250 $ 15,000 $ 50,000 75.7 % $1,500 18,000 60,000 90.9 $1,750 21,000 70,000 106.1 $2,000 24,000 80,000 121.2 $2,250 27,000 90,000 136.4 $2,500 30,000 100,000 151.5 Source: HUD and McComb Group, Ltd. Recommended unit features, contained in Table 6-6, are similar to comparable buildings in St. Louis Park and Minneapolis. 1 Income Restricted Market Feature Rate. Dishwasher .MicrowayO •. .... .Stainless Appliances Giamte Count eft Upgrade Cabinets T(ItchOnl§land F:f Townhomes Market Rate Income Restricted X His/Her Sinks Tile -ShoWer : Walk-in CInset Ovcrsi c Windows High Cciling4-Patio/Balcony FireplaCe Wood Floor men Closet Washer I )1 N X X X - -- X Table 6-6 SUGGESTED APARTMENT UNIT FEATURES Air Conditionir - L1 X X X X High Speed_ Internetvvi-Ei X X X Cable X X X- X: Recommended. 0: Optional. Source: McColl-11) Group, Ltd. Recommended building amenities, contained in Table 6-7, include items that are comparable to those being offered in Minneapolis and St. Louis Park. As with the unit features, building amenities are designed to position the Opportunity Area as a strong competitor in future years. Market Rate X Income Restricted Party Room iretilabe Lounge 'COffe6-13:0 - Theater Amenity B u sines s center_e . _ _Fitness Center Poo _ Table 6-7 SUGGESTED APARTMENT BUILDING AMENITIES Sauna itistsTi.th Guest Suite Storage Lockers Controlled Acecss Under Building C-"-1211111111=11111111.1.111W'On-Site Staff X oncierger . • tnutt&rea Terrace/Courtyard Grilling StatiOn------- Sports Area 0 Pet Friendly F Pet Area Pet Services LEED X: Recommended. 0: OPtio nal. So urce: McComb Group, Ltd. Senior Housing Demand Senior housing in Brooklyn Center is expected to be weak during the short-term period due to demographic trends in the over 55 population. Senior housing is typically referred to as units designed for persons age 55 and above. Experience has shown, however, that seniors typically move to a "senior" housing development, on average, at about age 72 or 73. Senior housing options include independent living, congregate care, assisted living, and memory care. Which option senior households choose depends on the health and mobility of one or both household members. Population trends for senior households in Brooklyn Center, the Opportunity Area Draw Area, and Tier One Communities are contained in Table 68. Two different population trends are shown for all three areas. In the younger age cohorts (55 to 64 and 65 to 74), population increased between 2000 and 2011 and is expected to increase during the next five-year period. In the older age cohorts (75 to 84 and 85 plus), a different trend is evident—population is either growing modestly or declining. In Brooklyn Center, population in the older age cohorts is 6-7 estimated to decrease between 2011 and 2016 suggesting a flat to declining demand for senior housing. In the 75 to 84 age cohort, population is estimated at 1,045 in 2011 and is expected to be 1,007 in 2016, a decline of 38. In the 85 plus age cohort, population is estimated to drop from 573 in 2011 to 540 in 2016, a decline of 33 adults. In the draw area and Tier One Cities, population is increasing modestly in the 75 to 84 age cohort and declining in the 85 and older age cohort. Table 6-8 CHANGE IN SENIOR POPULATION AND HOUSING DEMAND Area/Age Cohort 2000 2011 2016 2011-16 Change Households Brooklyn Center 55-64 2,373 3,270 3,715 445 327 65-74 2,428 1,675 2,139 464 341 75-84 1,569 1,045 1,007 (38)(28) 85 plus 510 573 540 (33)(24) Draw Area 55-64 18,405 24,932 29,634 4,702 3,457 65-74 14,258 12,734 16,767 4,033 2,965 75-84 9,302 7,792 8,027 235 173 85 plus 3,316 3,944 3,912 (32)(24) Tier One Cities 55-64 16,679 27,795 32,729 4,934 3,628 65-74 11,239 14,929 19,736 4,807 3,535 75-84 7,207 9,434 9,454 20 15 85 plus 2,617 4,975 4,847 (128)(94) Source: U.S. Census and Scan/US, Inc. Household growth in the 55 to 64 and 65 to 74 age cohorts indicates there may be demand for maintenance free living options that appeal to older adults. These households could be accommodated in the Opportunity Area. Brooklyn Center had 2,369 households over the age of 65 in 2011, as shown in Table 6-9: 1,693 owner-occupied and renter-occupied. At the present time, Brooklyn Center has 440 units of senior rental housing indicating that about 65 percent of the renters are living in senior buildings. In Brooldyn Center, renter-occupied households increase with age from 27.8 percent in the 65 to 74 age cohort to 50.9 percent of the 85 and over, age cohort. The trend is the same in the draw area and Tier One Cities. There are a wide variety of social services available to senior households that enable them to remain in their homes. The expansion of these services has reduced the demand for senior housing. As indicated earlier, there is an opportunity for senior housing that provides maintenance free living to empty nesters that can be satisfied in the Opportunity Area. The existing senior housing options in Brooklyn Center face the challenge of adapting their buildings and services to a changing senior demographic with far different needs and expectations. Table 6-9 TENURE BY AGE OF HOUSEHOLDER; 2011 ESTIMATED BROOKLYN CENTER, OPPORTUNITYI AREA DRAW AREA, AND TIER ONE COMMUNITIES (Number of Households ) 65 to 74 75 to 84 85 and over Own Rent Own Rent Own Rent Brooklyn Center 770 297 677 124 246 255 Percent 72.2 %27.8 %84.5 %15.5 %49.1 %50.9 % Opportunity Area Draw Area 7,882 1,421 4,681 1,933 860 1,268 Percent 84.7 %15.3 %70.8 %29.2 %40.4 %59.6 % Tier One Cities 6,685 1,201 4,063 1,289 1,207 1,413 Percent 84.7 %15.3 %75.9 %24.1 %46.1 %53.9 % Source: U.S. Census. Recommendations The Opportunity Area consists of three areas: South, East, and North as described in Chapter I. These areas contain 83.8 acres, not all of which are recommended for redevelopment. The areas recommended for redevelopment are summarized in Table 6-10. Redevelopable area totals 63.1 acres. The South parcel is the largest (39.38 acres) including 8.6 acres owned by the City. The proposed redevelopment area excludes the Minnesota School of Business building. The East parcel, excluding Davanni's which can remain, totals 11.9 acres. The recommended redevelopment area on the North parcel, excluding Target and Shingle Creek Center, is about 11.8 acres. These parcels can be developed in three phases. Table 6-10 OPPORTUNITY AREA REDEVELOPABT E AREA Area Acres Square Feet Assessed Value South 39.38 1,715,393 $ 14,244,800 East 11.89 517,928 2,400,000 North 11.84 515,750 4,900,000 Total 63.11 2,749,071.00 $ 21,544,800 Source: Brooklyn Center Assessor and McComb Group, Ltd. These three parcels, developed at an average density of 50 dwelling units per acre, could accommodate over 3,100 units. At 200 units per year, thiS represents a 15-year build out. The South parcel, developed at a similar density, would accommodate almost 2,000 units. The assessed value of the three parcels is about $21.5 million including the land owned by the City. The fact that many of the buildings are vacant or have large vacancies indicates the assessed value may be higher than the cost of a negotiated acquisition. The redevelopment opportunity is to create a development large enough that it creates its own environment. To initiate a development of this magnitude, a prospective developer would like to 6-9 have the assurance of being able to control the redevelopment area so that land prices do not inhibit the overall development plan. Even taking into consideration the City's ownership of the Brookdale Ford site valued at $4.1 million, the land acquisition is likely to require an investment of between $15 and $18 million to acquire land control of the redevelopment area. This will require a financially strong, well funded developer that has the capability to hold the land through the development period. Major developers operating in the Twin Cities that may have the financial capacity and an interest in a development of this magnitude are listed below. Legacy Management & Development Corporation partnered with McCormack Baron Salazar Inc., a national developer, to develop Heritage Park in Minneapolis. —M.A. Mortenson Co. —Ryan Cos. US Inc. —Hines —Doran Cos. —Kraus-Anderson Realty Co. —United Properties —Legacy Management & Development Corporation There are additional national developers that may be interested in the Opportunity Area redevelopment. Implementing a redevelopment plan, with a financially capable developer is likely to require the use of redevelopment tools including tax increment and land acquisition powers. 6-10 , o dtiA -kew ReMolentilll R.dg,hbor airman! fat';.- 're, •.- '. e"' '/". '. ••-/ 4,. /- e 4:s. ‘40.1 „. „6, - , , -, • ..- /,...,/, ,,,,\..;:et .:.. ' \ - t;.• "ip eP.- , ' X 41(44. iif , o ' MIN Minnesota School of Business I II III WI 11111 111113 4 Retail , Bass Lake RoadROAD 1 1 1 BROOKLYN CENTER Mani A GREAT PLACE TO START. A GREAT PLACE TO STAY grook Cener.b) Noxort -J,Tikv Mte 6, 2014 .„-- I 1 1 11 1 -;:01-41,07 1,622,760 GSF 2,063,002 SF TOTAL Building Area TOTAL Land Area 47.36 Acres 1,622,760/2,063,002 .787FLOOR AREA RATIO .,..Y. HO' architects jI) , City a BROOKLYNAbg ) (17ENTER , SITE METRICS Block A Office 144,000 GSF Retail 57,000 GSF Block B Retail 26,000 GSF 277,000 Commercial Residential 170 DU 179,600 GSF Block C Residential 232 DU 244,440 GSF Block D Residential 206 DU 216,840 GSF Block E Mid-rise Flats 135 DU 141,900 GSF Townhomes 80 DU 84,280 GSF Block F Mid-rise Flats 162 DU 171,300 GSF Townhomes 73 DU 77,000 GSF Townhomes 1,800 RSF Each 128 DU 230,400 RSF 1,345,760 Residential 0 o., VSC0 0.. 0 s.:>-If-)I a)>--Ln ' c Eo CO"coa)s_0a) co +-,coa)_cHa) ooa) co 5:4-,'0 I V-i 0 a C 0 0- as ... 0 0 (.0x-I %-1....,0 ...., (NI =s-_c "0s- E""'".7t -cs CUCU(I) 12,.t.d-0- cr..'c-•:t. 0uCOs_ tf)s-IoCNIN....,..,1--.. ,--1.., ..,o ,i,-.1 %-I 4-, r1oCV a)E84- .-I ..."-',1m...,r-I CO -4-,--CU .4-t-.o =, ,vs r-I**-''‘.-1m......„.7t* .-I'''',--1m....,r•-• vt N-I'71'cylN v) NIi-r)is)CNI r-I *----0m--,01 G.)E,...sl-..,_,-',.--% c-4',-1m-..,%-1 .--..--. 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Co 4-,Ca)E 4-,a) =COccoa)U0 0+,=<o>.•0ca a)a- Qu 4-JcCO co> 4-,aCOuco> 4-'cCDuco> 0+-+ .47, =2 4-,a,a)0 a)..cH S... 0-=in COuCO fa. 4-.a)....,co2 0.0ti) a),...)CO fa. 4-'a).."co2 4-,cCUuco> 4 .,aCOuco> ..17,U M"02a1-co-,4-,v)a j Ea -,4-,cco0co> 0.) 0CLE1.11 a) S-.7.3 a)CU 4-,s- c.- a)2 u 111 1 1111111 1 1 1 1 1 11 1 11111 1 11111q. 111111111111111111111I111111) 11111111111111111119 Country Road 10/ Basslake Road Brookdale Square 5900 Shingle Creek Parkway, Brooklyn Center, MN - 55430-2300 (45.061157, -93.310836)GU: 185,883 Major Tenants: Pep Boys, Brookdale 8 Theater Ds' A Unit Retailer Sq. Ft. 5810 Ocean Buffet 8,1005910 Pep Boys 23,0006'900 Available)1;2070070 AVailithie?30,3915980 The Great Multitude 25,7825990 Marketplace Supply 9,3650000 Available 2,9100010 Available 2,341002.0 Available0030 Available 30,395 8040 Brookdale 8 Theater 24,5346050 Miracle Empowerment Center 19,300N.A.P Shingle Creek Office Matthew Johnson (612) 798-7964 matthew.johnson@brixmor.com Central Regional Office (847) 272-9800 Brixmor.com Nolo: This site plan Indicates the general layout of the shopping center and Is not a warranty, representation or agreement on the part of the landlord that the shopping center will be exactly as depicted herein,4191 - 12/03/2012