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Home My WebLink About2014 04-28 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION April 28, 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 April 28, 2014 AGENDA I. Informal Open Forum with City Council — 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2.Invocation — 7 p.m. 3.Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4.Roll Call 5.Pledge of Allegiance 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1.April 9, 2014— Joint Session with Commissions 2.April 14, 2014 — Study Session 3.April 14, 2014 — Regular Session 4.April 14, 2014 — Work Session 5. April 21, 2014— Board of Appeal and Equalization b. Licenses c. Approval of Amended City Council Meeting Schedule to Set Date and Time for Joint Work Session with Financial Commission for Wednesday, August 6, 2014, at 6:30 p.m. CITY COUNCIL AGENDA -2- April 28, 2014 7.Presentations/Proclamations/Recognitions/Donations a. Proclamation Declaring May 18-24, 2014, Public Works Week in Brooklyn Center Requested Council Action: —Motion to adopt proclamation. 8.Public Hearings a. Ordinance Relating to the Sale of Tobacco Related Products 1. An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to the Sale of Tobacco Related Products —This item was first read on March 24, 2014; published in the official newspaper on April 3, 2014; 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. 2. Resolution Amending the City Fee Schedule to Add Investigation Fees for Tobacco Related Products Licenses Requested Council Action:—Motion to adopt resolution. 9.Planning Commission Items —None. 10.Council Consideration Items —None. 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 RECEPTION AND JOINT WORK SESSION WITH CITY COMMISSIONS APRIL 9, 2014 COMMUNITY CENTER — CONSTITUTION HALL RECEPTION A reception and general conversation period was held in Constitution Hall from 6:00 p.m. until 6:13 p.m. CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Charter, Housing, Financial, Park and Recreation, and Planning Commissions and was called to order by Mayor Tim Willson at 6:13 p.m. INTRODUCTIONS Mayor Willson welcomed the commissioners and stated appreciation for staff and commissioners. City Manager Curt Boganey welcomed all those in attendance. IN ATTENDANCE Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. City Staff present were City Manager Curt Boganey, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, Community Activities, Recreation and Services Director Jim Glasoe, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, and Finance Director Nate Reinhardt. Commissioners present were Charter Commissioners Myrna Kragness Kauth, Jody Brandvold, Judy Thorbus, Robert Marvin, Zachary Marko; Housing Commissioners Judy Thorbus, Zachary Marko, Dave Johnson, Kathie Amdahl, and Peggy Lynn; Planning Commissioners Ben Freedman, Randall Christensen, Steve Schonning, Scott Burfeind; Financial Commissioners Steve Landis, Dean Van Der Werf, Dan Schueller, Teneshia Kragness; and Park and Recreation Commissioners Jill Dalton, Jerry Witalka, Travis Bonovsky, Tom Shinnick. PRESENTATIONS BY CITY COMMISSIONS Financial Commission: Finance Director Nate Reinhardt provided an overview of the Commission activities. The primary goal is to work on the budget and work on the request for audit proposals. The Commission's number one priority is to help the City with the budget. 04/09/14 DRAFT Housing Commission: Housing Commission Chair Zackary Marko provided a PowerPoint overview of the Housing Commission activities. The New Neighbor Welcome Program continues to be very positive. The Commission also worked with the Park and Recreation Commission to assess Community Garden feasibility. They also toured the CEAP facilities. Several projects are planned for 2014. Park and Recreation Commission: Tom Schinnick provided a PowerPoint overview of Park and Recreation Commission activities. The Commission participated in several activities including reviewing capital improvements, park issues, and attended neighborhood area meetings. Several projects are planned for 2014. Planning Commission: Planning Commission Chair Scott Burfeind provided a PowerPoint overview of the Commission. The Commission is looking for two more members. Several projects were reviewed in 2013 including 23 land use applications and 2 general planning items. The regulations regarding dynamic signs were reviewed and the ordinance amended. Active Living principles by Hennepin County was also discussed. Charter Commission: Charter Commissioner Robert Marvin stated that the Commission is looking at ways to improve the Charter language and clarity. While some of the issues have been controversial, the Charter Commission is not proposing any major changes at this time. After the Commission reports, the floor was opened for comments. The Mayor stated it was good to have extra eyes in the community and thanked the Commissioners for all their work. The City Manager explained some of the City projects. He mentioned the Voinjama trip and delegation members. They are looking for volunteers to build upon the Sister City relationship and the strong multicultural presence in the city. Another project includes the water treatment plant, an $18 Million venture to address the manganese issue. The construction of the water treatment plant will begin in the fall. The City Council found solutions to the CIP hole and finances to provide funding for the CIP and high priority projects. We are also looking at Inclusion & Diversity and how our organization can better reflect the community. Another venture is to implement BC University and Citizens Academy. The amphitheater project is under review. We received high cost estimates and are working with the architect to reduce the costs. It is anticipated that the amphitheater can be built in 2014 or 2015. The Council is also considering a two-year agreement with Hennepin County for Assessing services. The City Manager also thanked the department heads. Discussion involved the image of the city which is getting better as indicated by the city survey. Several apartment owners have invested significantly in the city. New businesses love Brooklyn Center and the Council has been on the forefront of eCigarettes. The City has also been a leader on foreclosure issues and housing issues. The Brooklyn Boulevard Corridor Plan is important where the City is buying properties. Image is who you are. Mayor Willson recognized the accomplishments of former Mayor Phil Cohen and laying the foundation for many initiatives, such as acquiring the land for the future water treatment plant. Some members mentioned they would like to see greater crime safety initiatives and neighborhood code enforcement. 04/09/14 DRAFT City Manager mentioned that there are vacancies on the Commissions and we should refer openings to people of a different country or perspective. Mayor Willson thanked everyone for their dedication and attendance. ADJOURNMENT The meeting was adjourned by Mayor Willson at 7:21 p.m. 04/09/14 3 DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION APRIL 14, 2014 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Commander Tim Garmon, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Also present were Youth in Government Day participants Mayor Molubah Seley, Brooklyn Center High School; and Councilmembers Craig Kaizer, Park Center High School; Thien Le, Park Center High School; Ernest Luckett, Park Center High School; and Mahad Olad, Brooklyn Center High School. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Luckett, on behalf of Councilmember Kleven, requested the following correction to the March 24, 2014, Study Session minutes: Page 4, second paragraph, second line: Replace "at 5:30 p.m." with "from 4-5:30 p.m." Councilmember Myszkowski requested the following correction to the March 24, 2014, Study Session minutes: Page 3, third paragraph from the bottom: Replace "Trey" with "Treigh" It was the consensus of the City Council to accept the correction the March 24, 2014 Study Session minutes. Councilmember Luckett, on behalf of Councilmember Kleven, stated the Staff memo included in the City Council packet pertaining to Regular Session Agenda Item 6c refers to a General Fund 04/14/14 -1- DRAFT meeting on August 4, 2014. He added that is also the date of the National Night Out Kick Off event. City Manager Curt Boganey stated the budget meeting in question would be removed from the schedule and City staff would provide a replacement date at the City Council's next meeting. Councilmember Olad, on behalf of Councilmember Myszkowski, stated the Staff memo included in the City Council packet pertaining to Work Session Agenda Item 1, E-Cigarettes Discussion, second page, first paragraph, the word "two" should be changed to "to." Mr. Boganey stated a revised resolution has been added to the City Council packet pertaining to Regular Session Agenda Item 10g, Review of Assessing Department Transitional Plan. He added the following correction in the Resolution Authorizing Transitional Plan for Assessing Department should be noted by the City Council: page 1, fourth paragraph, replace "September 30, 2014" with "October 1, 2014." Councilmember Luckett asked, on behalf of Councilmember Kleven, with regard to Regular Session Agenda Item 10e pertaining to contract bids for storm damage repairs to City buildings, how the bid process works, and whether the City always awards the lowest bidder. He asked whether other factors, such as performance and quality of service, are taken into consideration. Mr. Boganey stated the City is legally required to accept the lowest bid from any qualified bidder. Mayor Willson stated the City could determine to take the higher bidder if the low bidder has done work for the City in the past that was not acceptable. Mr. Boganey stated the low bidder would have to be deemed unqualified. Councilmember Luckett stated, on behalf of Councilmember Kleven, with regard to Regular Session Agenda Item 10b, Tree City USA designation, that this recognition is a pleasant surprise. He asked whether other cities are recognized, where the designation comes from, and what the City of Brooklyn Center did to earn this recognition. Mr. Boganey stated these questions would be addressed in a staff presentation on this agenda item during the Regular Session meeting. MISCELLANEOUS Turf Damage due to Snow Removal Councilmember Ryan stated he forwarded an email to City staff from a resident on France Place regarding damage to turf that was incurred by City snowplows. He added he noticed that this issue was included in Friday's City Council update. Mr. Boganey stated the resident was contacted by City staff. Councilmember Ryan thanked Mr. Boganey for his attention to this issue. Councilmember Myszkowski stated that the City Council had toured the City garage earlier that day in conjunction with Youth in Government Day, and she and Councilmember Olad overheard Deputy Director of Public Works John Harlow say that City staff intends to embark on repairs to turf damage right away. Mr. Boganey agreed, adding this issue has caused City staff to review the snow removal process and consider possible changes that might mitigate turf damage in the future. 04/14/14 -2- DRAFT July 21, 2014, General Fund Meeting Councilmember Lawrence-Anderson stated she might be unavailable for a General Fund meeting on July 21, 2014, as she is participating in the FBI Citizens Academy and a trip to Quantico may be planned for that time period. She added she would keep the City Council updated. Councilmember Kaizer asked whether the FBI building is open to the public. Mayor Willson confirmed this, adding there are requirements such as a background check and sponsorship. He added Councilmember Lawrence-Anderson is participating in the FBI Citizen's Academy, which is a training opportunity for citizens who are interested in learning more about the FBI. Councilmember Lawrence-Anderson stated a trip to FBI headquarters at Quantico in Virginia may be planned as part of the Citizen's Academy graduation events. She added a tour of the White House is also planned. Community Prayer Breakfast on May 3, 2014 — City Council Attendance Mayor Willson stated a Community Prayer Breakfast is planned for May 3, 2014, at the Earle Brown Heritage Center. He added he has a table reserved, and if any City Councilmembers are interested in attending, they should see him after the meeting. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS E-CIGARETTES DISCUSSION Mr. Boganey presented this item, adding this discussion was requested by the City Council due to the presence of Youth in Government participants, who might provide valuable feedback on the issue of e-cigarettes. Mr. Boganey reviewed an article in the StarTribune, "Congressional report outlines e-cig concerns, urges regulation," (April 14, 2014). He stated the article indicates that regulatory efforts at the State level are required. He added potential regulation is being considered, as there are many unknown factors with regard to e-cigarettes and their potential health effects. He noted that e-cigarette marketing is directed at youth, as discussed previously by the City Council. He expressed his interest in the opinions and comments of the Youth in Government Day City Councilmembers. He introduced Police Commander Tim Gannon and invited him to address the City Council. Police Commander Tim Gannon stated he has gathered information from other cities who are also addressing this important issue, and also from the Association for Non-Smokers Minnesota. He added he has not obtained extensive input from community youth who may be exposed to e- cigarettes, and hopes to get their feedback on potential ways to prevent young people from becoming addicted to nicotine through the use of e-cigarettes. Mr. Boganey stated, for the benefit of the Youth in Government participants, that the City Council has already taken steps to address this issue through the modification of licensing regulations, which gives the City greater regulatory authority over the sale of e-cigarettes. He added the City has not addressed use in public places nor limited the sale of e-cigarettes. He 04/14/14 -3- DRAFT noted the City is waiting to see whether the State legislature takes action with regard to regulating the use and sale of e-cigarettes. Mr. Boganey asked the Youth in Government participants whether they have any thoughts or concerns with regard to the growing demand for e-cigarettes and whether they feel the City should take action on this issue. Councilmember Olad stated he has heard from high school friends that e-cigarettes are not harmful, and they come in lots of different flavors. He added he believes that is why they are attractive to young people. Councilmember Kaizer stated he knows it is illegal to use e-cigarettes if you are under 18 years of age, but he sees a lot of under-age kids using them. He added he thinks the City Council should be most concerned about trying to stop the growing use by young people. Councilmember Luckett stated the use of e-cigarettes is growing and the problem should be addressed. He added he has friends in high school and middle school who are using e-cigarettes, and their parents do not know or do not do anything to stop it. He noted there should be a law or ordinance to restrict the age at which kids can use e-cigarettes. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adjourn the Study Session to Informal Open Forum at 6:47 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Mayor Willson reconvened the Study Session at 6:54 p.m. It was the majority consensus of the City Council to adjourn for the Regular Session meeting. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:55 p.m. 04/14/14 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 14, 2014 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, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Mary Tietjen, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Also present were Youth in Government Day participants Mayor Molubah Seley, Brooklyn Center High School; and Councilmembers Craig Kaizer, Park Center High School; Thien Le, Park Center High School; Ernest Luckett, Park Center High School; and Mahad Olad, Brooklyn Center High School. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. The members of Boy Scout Troop 299, from Brooklyn United Methodist Church in Brooklyn Center, invited all residents to attend the 5 th Annual Brooklyn Center EarthFest. EarthFest will be held on April 26, 2014, from 1:00 to 4:00 p.m. at the Brooklyn Center Community Center. Representing Troop 229 were: Tenderfoot Scout Jon Christianson, 10025 Oakwood Court N, Brooklyn Park, from Woodland School; Second Class Scout ChaLee Yang, 7224 Major Avenue N, Brooklyn Center, from Brooklyn Junior School; and Life Scout Jake Yanta, 10015 Trenton Lane N, Maple Grove, from Osseo Junior High School. The Boy Scouts gave a presentation on EarthFest, a community event at which residents can find out about ways to help the environment. This year's EarthFest will include a discussion on "Maintaining Minnesota's Water Quality," as well as displays from over 60 exhibitors. Troop Leader Diane Sannes, 7006 Willow Lane, stated informational flyers will be sent to every home in Brooklyn Center, and Panda Express is giving away a free meal item to the first 10,000 04/14/14 -1- DRAFT customers on Earth Day. She thanked the City Council on behalf of the Boy Scouts for the opportunity to give their Earth Day presentation. Mayor Willson closed the Informal Open Forum at 6:54 p.m. 2.INVOCATION Councilmember Lawrence-Anderson read two inspirational pieces in recognition of Youth in Government Day and the Youth Councilmembers in attendance: "What is Success?" by Ralph Waldo Emerson, and "Your Life is a Sacred Journey" by an anonymous author. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Mary Tietjen, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Also present were Youth in Government Day participants Mayor Molubah Seley, Brooklyn Center High School; and Councilmembers Craig Kaizer, Park Center High School; Thien Le, Park Center High School; Ernest Luckett, Park Center High School; and Mahad Olad, Brooklyn Center High School. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session minutes of March 24, 2014, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.March 24, 2014 — Study Session 2.March 24, 2014 — Regular Session 6b. LICENSES 04/14/14 -2- DRAFT MECHANICAL Assured Heating A/C Refrigeration Bonfe's Plumbing Heating & Air Comfort Makers Mechanical, LLC Comfort Matters Heating & Cooling Inc. Infinity Heating & Air Conditioning McChesney Heating & A/C St. Cloud Refrigeration Superior Heating, A/C & Electrical UHL Company Inc. MOTOR VEHICLE DEALERSHIP Luther Brookdale Buick GMC Luther Brookdale Chevrolet Luther Brookdale Honda Luther Brookdale Mitsubishi RENTAL INITIAL (TYPE — one-year license) 5801 Irving Avenue N Passed w/Weather Deferral 5814 Pearson Drive INITIAL (TYPE II — two-year license) 2833 67 t1 Lane N 5043 Brooklyn Boulevard 1900 Brookview Drive Passed w/Weather Deferral 5448 Camden Avenue N 5826 Ewing Avenue N 5410 Girard Avenue N 6331 Indiana Avenue N 7141 Newton Avenue N 7049 Regent Avenue N 7243 Riverdale Road 6718 Scott Avenue N 4200 Woodbine Lane RENEWAL (TYPE III— one-year license) 5321 71 st Circle 5825 Colfax Avenue N 5325 Knox Avenue N 4113 Lakebreeze Avenue 4201 Winchester Lane 13571 Balsam Lane N, Dayton 505 Randolph Avenue, St. Paul 7018 Knox Avenue N, Brooklyn Center 11238 River Road NE, Hanover 1017 Meadowwood Drive, Brooklyn Park 8231 175 th Avenue SE, Becker 604 Lincoln Avenue NE, St. Cloud 3731 Thurston Avenue, Anoka 9065 Zachary Lane, Maple Grove 4301 68 th Avenue N 6701 Brooklyn Boulevard 6800 Brooklyn Boulevard 7235 Brooklyn Boulevard Invitation Homes Invitation Homes Konrad Wagner Invitation Homes Invitation Homes James Matthias Robert Greeley Doug Wahl Invitation Homes Invitation Homes Invitation Homes Invitation Homes Invitation Homes Brent Berg Pramod Khakural — No CFHC Brahana Tsegaye Donovan Gilbert — No CFHC Pamela Grover Theresa Bums/Eric Poehler RENEWAL (TYPE — two-year license) 04/14/14 -3- DRAFT 5301 Dupont Avenue N 3006 63"1 Avenue N 5113 Ewing Avenue N 5248 France Avenue N 2741 Freeway Boulevard 7131 Halifax Avenue N 4714 Lakeview Avenue N Passed w/ Weather Deferral 6573 Riverwood Lane 4714 Wingard Lane RENEWAL (TYPE I— three-year license) 407 70 th Avenue N River Glen Apartments 4200 Lakebreeze Avenue 5637-39 Girard Avenue N Passed w/Weather Deferral 5325 70 th Circle 5857 Colfax Avenue N 5207 Drew Avenue N 5856 Dupont Avenue N 6343 Dupont Avenue N 5901 Ewing Avenue N 5420 Fremont Avenue N Passed w/Weather Deferral Braj Prakash Agrawal John and Anita Landry Angela Baumann Gary Scherber Motel 6, 1460 Open Hands Inc. Gary Scherber Betty Gunderson-Hargan Heeyo on Kim Gary Brummer Michael Lattery Earl and Evalyn Krueth Doug Wahl Doug Wahl Sarah Vogt Jack Froelke Daniel Yesnes Cher Xiong Ross Herman 6c. APPROVAL OF JOINT WORK SESSION MEETINGS WITH THE FINANCIAL COMMISSION AND SPECIAL MEETING 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2014-47 EXPRESSING RECOGNITION AND APPRECIATION OF RICK NELSON FOR OVER 33 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Willson read in full a Resolution expressing recognition and appreciation of Rick Nelson for over 33 years of dedicated service to the City of Brooklyn Center. Mayor Willson noted that Mr. Nelson was not present. Councilmember Kleven moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2014-47 expressing recognition and appreciation of Rick Nelson for over 33 years of dedicated service to the City of Brooklyn Center. Motion passed unanimously. 04/14/14 -4- DRAFT 7b.PROCLAMATION CONGRATULATING THE PARK CENTER HIGH SCHOOL GIRLS BASKETBALL TEAM ON THE 2013-2014 CLASS AAA CHAMPIONSHIP Mayor Willson read in full a Proclamation congratulating the Park Center High School Girls Basketball Team for winning the 2013-2014 Class III Girls Basketball Tournament Championship game. Mayor Willson requested that copies of the proclamation be distributed to the members of the Park Center High School girls' basketball team. He added he hopes the plaque will be hung in a place of distinction within the school to recognize this championship season. Councilmember Myszkowski donned a Park Center High School baseball cap. Councilmember Kleven expressed her congratulations and added she hopes they can do it again next year. Councilmember Kaiser stated he is a student at Park Center High School, and he is very proud of the girls' basketball team. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt a Proclamation congratulating the Park Center High School Girls Basketball Team on the 2013-2014 Class AAA Championship. Motion passed unanimously. 7c.PROCLAMATION DECLARING APRIL 14, 2014, AS "YOUTH IN GOVERNMENT" DAY IN THE CITY OF BROOKLYN CENTER, MINNESOTA Mayor Willson read in full a Proclamation declaring April 14, 2014 as "Youth in Government" Day in Brooklyn Center. Mayor Willson thanked the Youth Councilmembers for their attendance, and welcomed them to the City Council. Councilmember Kleven congratulated the young people who were chosen to be a part of the City Council. She added she hopes this experience will encourage them to be involved in City government, and become future Councilmembers. Councilmember Lawrence-Anderson expressed her excitement at the opportunity to have the Youth Councilmembers provide a fresh perspective on the issues facing the City. She thanked them for their participation. Councilmember Myszkowski stated the City Council has enjoyed spending time with the Youth Councilmembers on their tour of the City garage, Police Department, and West Fire Station that day. She added the youth participants are future leaders, and thanked them for a fun afternoon. 04/14/14 -5- DRAFT Councilmember Kaiser thanked the City Council for the opportunity to join them on Youth in Government Day. He added he had fun and learned a lot. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt a Proclamation declaring April 14, 2014, as "Youth in Government" Day in the City of Brooklyn Center, Minnesota. Motion passed unanimously. 7d.PROCLAMATION DECLARING APRIL 25, 2014, AS ARBOR DAY AND MAY 2014 AS ARBOR MONTH IN BROOKLYN CENTER Mayor Willson read in full a Proclamation declaring April 25, 2014, as Arbor Day, and May 2014 as Arbor Month in Brooklyn Center. Councilmember Kleven moved and Councilmember Myszkowski seconded to adopt a Proclamation declaring April 25, 2014 as Arbor Day and May 2014 as Arbor Month in Brooklyn Center. Motion passed unanimously. 7e.PROCLAMATION DECLARING APRIL 19-26, 2014, AS THE GREAT SHINGLE CREEK WATERSHED CLEANUP WEEK Mayor Willson read in full a Proclamation declaring April 19-26, 2014, as the 13 th Annual Great Shingle Creek Watershed Cleanup Week. Councilmember Lawrence-Anderson moved and Councilmember Kleven seconded to adopt a Proclamation declaring April 19-26, 2014, as the Great Shingle Creek Watershed Cleanup Week. Motion passed unanimously. 7f. PROCLAMATION DECLARING APRIL 22, 2014, AS EARTH DAY IN BROOKLYN CENTER Mayor Willson read in full a Proclamation declaring April 22, 2014, to be Earth Day in Brooklyn Center. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt a Proclamation declaring April 22, 2014, as Earth Day in Brooklyn Center. Motion passed unanimously. 04/14/14 -6- DRAFT 7g. BROOKLYN BRIDGE ALLIANCE FOR YOUTH UPDATE Mr. Boganey introduced this item and presented background information on the Alliance, of which the City of Brooklyn Center is a member. He noted that staff representatives from the Alliance were present to provide an update and to answer the City Council's questions. Jan Ficken, 9155 Woodhall Crossing, Brooklyn Park, stated she is currently filling in as Acting Director of the Alliance in the absence of Rebecca Gilgen, Executive Director, who is on maternity leave. She introduced Kelsey Schuster, Project Coordinator, and Ariana Wilson, a member of the Brooklyns Youth Council. Mayor Willson welcomed the representatives of the Alliance. Ms. Ficken stated the Brooklyn Bridge Alliance was created in 2009 in response to a spike in juvenile crime rates within the community, and a lack of after-school programming. She added Mayor Willson and then-Mayor Steve Lampi of Brooklyn Park brought together representatives of the four school districts that serve the two cities, as well as representatives of Hennepin County, to search for possible solutions to these problems as well as other issues that are faced by the youth of the community. She noted a Joint Powers Agreement was created and implemented in 2011, and the Brooklyns Youth Council, which was already formed, was merged into the Alliance, providing youth perspective and input. Ms. Ficken stated the Alliances' mission statement stresses the importance of a coordinated system of after-school opportunities, and identifies three focus areas: higher graduation rates; increasing pathways to college; and the reduction of violence affecting young people in the community. Ms. Ficken stated the Alliance has been extremely effective because it works collaboratively through member organizations to achieve its mission across boundaries. She added issues that are addressed are complex and multi-faceted, and no one organization can address them single- handedly. Ms. Ficken stated the Alliance's Afterschool Summit on February 27, 2014, brought together over 160 stakeholders to address the four strategic areas of focus: coordination, resources, quality, and access. She added the Alliance intends to conduct an athletic facility inventory to determine places within the community where young people can go to get involved and be active. She noted the Alliance seeks to examine and reduce the barriers that prevent young people from participating in these programs. Ms. Ficken stated the Alliance staff has been working on the creation of an online program locator website, brooklynsconnect.org , which will allow people to find programs that interest them by doing an online search based on a key word or description. Kelsey Schuster, Alliance Program Coordinator, stated the website currently has about 160 programs in its database. She added an outreach coordination effort included one door-knocking day in each city, during which volunteers provided information to families regarding the website and how to use it. She added the door-knocking effort focused on multi-unit apartment 04/14/14 -7- DRAFT complexes, and the volunteers received positive feedback from families who were thankful for their efforts and support. Ariana Wilson, a member of the Brooklyns Youth Council, stated she joined the Council to get involved and help others. She added the Council works with similar youth groups in other communities to share information and discover new ways to provide assistance to schools and young people. She noted one effort in which the Brooklyns Youth Council is cunently involved is the "Tell Your Story" video project, which showcases local people, and will hopefully be broadcast on Brooklyn Center's cable TV channel. Councilmember Seley asked whether the program locator website allows people to find all programs at a specific location, such as their high school. Ms. Schuster stated the website does not cunently have the capacity to search by a specific location only. She added they are working on adding that since location is an important factor. Councilmember Kaiser asked whether there is contact information on the website so that someone can call or email if they are confused or have difficulty understanding how to use the website. Ms. Schuster stated the website is not multi-lingual, but there is contact information on the website and promotional materials. Mayor Willson thanked Ms. Ficken for her time and hard work at the Alliance in her role as Interim Executive Director. He added Ms. Ficken has been involved in this effort for years, and Mayor Lampi, along with Ms. Ficken, was visionary in forming the Alliance. He expressed his appreciation for her commitment to the community over the years. Ms. Ficken thanked Mayor Willson for his kind words. She added she is also the Recreation Services Manager for the City of Brooklyn Park. Councilmember Myszkowski expressed her excitement at the way the Alliance has grown over the years, and how its reputation has really taken off She added a fotiner Alliance staff member has recently accepted a position with the National League of Cities, due in part to the valuable experience she gained while working at the Alliance. She apologized for her absence from the door-knocking initiative, in which she had really hoped to take part. Mayor Willson stated he is proud that the National League of Cities is using the Alliance as a model for cooperation between cities. He thanked Ms. Ficken, Ms. Schuster. and Ms. Wilson for their presentation. Ms. Ficken commended all the community leaders who have supported this organization. She stated the Alliance's most important role is to be a voice for the young people of Brooklyn Center and Brooklyn Park. Councilmember Kaiser asked whether the Youth Council has any specific goals, and if they are being met. Ms. Wilson stated the Youth Council has made progress on many of its goals, including changes to its recruitment methods and application process. She added another major goal is completion of the "Tell Your Story" video project and making it available to the public. 04/14/14 -8- DRAFT Councilmember Luckett asked whether the Youth Council has visited historic sites and other places that the young people in the community would not normally have the opportunity to see. Ms. Wilson stated the Youth Council recently went to the State Capital to meet with a panel of lawmakers regarding current issues in the legislature. 8.PUBLIC HEARINGS -None. 9.PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2014-48 DESIGNATING 2014 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES Mr. Boganey introduced this item and reviewed the City Forestry Program's 2014 list of allowable trees, which is updated yearly. He introduced Public Works Director/City Engineer Steve Lillehaug and invited him to address the City Council. Mr. Lillehaug stated the City's Forestry Program was established by City ordinance in 1990 to adopt an annual list of acceptable boulevard tree species. He stated the Program's goal is to emphasize the importance of maintaining a variety of species to reduce the impact of future disease and infestation, such as the threat of the emerald ash borer. He added City staff obtains information regarding different species of trees from the Department of Agriculture, the DNR's Forestry Division, and University of Minnesota's Extension Forestry team. He noted there are no changes to the 2014 planting list. Mayor Willson asked whether this past winter's extreme cold might reduce the threat of the emerald ash borer. Mr. Lillehaug stated the emerald ash borer is not a problem in Brooklyn Center, but the City of Minneapolis has experienced an infiltration. He added it will eventually come to Brooklyn Center, but City staff are closely observing the City's ash trees and will be proactive in addressing the problem when it occurs. Mayor Willson asked how disease or infiltration is taken care of when it occurs, such as Dutch elm disease transmission. Mr. Lillehaug stated the City has guidelines for disposal of trees affected by Dutch elm disease. He added City staff maintains close contact with the DNR, and would be ready to act quickly with their assistance and guidance. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-48 designating 2014 Planting List of Allowable Boulevard Tree Species. Motion passed unanimously. 04/14/14 -9- DRAFT 10b.RESOLUTION NO. 2014-49 RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE TWENTY-SECOND CONSECUTIVE YEAR Mr. Lillehaug stated the City of Brooklyn Center has been designated as a Tree City USA for the 22 nd consecutive year. He added this designation is awarded by the National Arbor Day Foundation in recognition of the City's community forestry program. Mayor Willson stated he is proud of the City for obtaining the Tree City USA designation for the 22 nd consecutive year. Councilmember Myszkowski moved and Councilmember Kleven seconded to adopt RESOLUTION NO. 2014-49 recognizing the designation of Brooklyn Center as a Tree City USA for the Twenty-Second Consecutive Year. Motion passed unanimously. 10c.RESOLUTION NO. 2014-50 AUTHORIZING THE EXECUTION OF A LIMITED USE PERMIT AGREEMENT FOR THE THREE RIVERS PARK DISTRICT REGIONAL TRAIL (SEGMENT SC-6B) BETWEEN THE CITY OF BROOKLYN CENTER AND THREE RIVERS PARK DISTRICT, HENNEPIN COUNTY, MINNESOTA Mr. Lillehaug reviewed this item and presented a Limited Use Permit Agreement that would transfer ownership of the Shingle Creek and Twin Lakes Regional Trails to the Three Rivers Park District. He stated this partnership has brought new bridges and trails to Brooklyn Center, as well as the reconfiguration and extension of existing trails. Mr. Lillehaug stated the City has obtained a permanent trail easement, and a Limited Use Permit is required for maintenance and operation of the realigned segment (SC-6B) of the Shingle Creek Regional Trail. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-50 authorizing the Execution of a Limited Use Permit Agreement for the Three Rivers Park District Regional Trail (Segment SC-6b) between the City Of Brooklyn Center and Three Rivers Park District, Hennepin County, Minnesota. Motion passed unanimously. 10d. RESOLUTION NO. 2014-51 AUTHORIZING TERMINATION OF TRAIL AGREEMENTS BETWEEN THE CITY OF BROOKLYN CENTER AND THREE RIVERS PARK DISTRICT, HENNEPIN COUNTY, MINNESOTA Mr. Lillehaug reviewed this item and recommended that the City Council approve the termination of the trail agreements pertaining to the Three Rivers Park District Shingle Creek Regional Trail. 04/14/14 -10- DRAFT Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2014-51 authorizing termination of Trail Agreements between the City of Brooklyn Center and Three Rivers Park District, Hennepin County, Minnesota. Motion passed unanimously. 10e. RESOLUTION NO. 2014-52 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2013-14, STORM DAMAGE REPAIRS-PUBLIC BUILDING ROOFS Mr. Lillehaug stated the roofs of public buildings sustained hail damage in November 2012 and repairs are necessary. He added public bids were taken to complete the repairs and only one bid was received. He noted City staff recommends that the City Council consider approval of the bid and award the contract to John A. Dalsin & Son, Inc. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-52 accepting bid and awarding a contract, Improvement Project No. 2013-14, Storm Damage Repairs-Public Building Roofs. Motion passed unanimously. 101. RESOLUTION NO. 2014-53 ACCEPTING QUOTATION AND AWARDING A CONTRACT FOR 2014 DISEASED TREE REMOVAL AND TREE MAINTENANCE PROGRAM Assistant City Manager/Director of Building and Community Standards Vickie Schleuning introduced this item, and reviewed the City's diseased tree removal and tree maintenance program. She stated the City inspects trees on a proactive and complaint basis to identify old, diseased or dead trees that need to be removed to reduce disease transmission. She added the City awards the contract each year through a request for bids process to ensure competitive pricing and standards for performance. She noted residents can visit the MN-DNR website to learn more about current infestations. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-53 accepting quotation and awarding a contract for 2014 Diseased Tree Removal and Tree Maintenance Program. Motion passed unanimously. 10g. REVIEW OF ASSESSING DEPARTMENT TRANSITIONAL PLAN Mr. Boganey presented this issue and introduced Director of Business and Development Gary Eitel. Mr. Eitel gave an overview of the proposed transitional plan for the Assessing Department and its employees, after which the City would enter into a two-year contract with Hennepin County for provision of assessing services. 04/14/14 -11- DRAFT Mr. Eitel stated the City Assessor resigned in 2013 after accepting a position with the Hennepin County Assessor's office. He added the City entered into an interim contract with Hennepin County, with the provision of City Assessor duties, including residential evaluations. He noted the costs associated with this contract would not exceed the existing Assessing Department budget. Mr. Eitel stated the City would continue to have office personnel as a first point of contact and to provide information on the City's Assessing process. He added the City has included the condition that one assessor be retained on staff through the end of 2014. He noted this arrangement would create an annual savings of approximately $148,000. Mr. Eitel stated City staff has negotiated the inter-jurisdictional transfer of one employee, with the assistance of Hennepin County Assessor Jim Atchison, who will fill a position that the County has held open in the Assessing Division. He added the remaining City employee would be trained by County staff on their systems to complete this year's assessment. Mr. Eitel stated the proposed resolution has been amended by City staff to extend employment of the Appraiser II position through October 1, 2014. He added this change was noted by Mr. Boganey during the City Council Study Session. Mr. Eitel stated the County intends to review the workload that will result from the proposed contract, and potential employment opportunities will be posted during the first quarter of 2015. He added the proposed contract would result in significant savings to the City of Brooklyn Center. He noted that other comparable municipalities utilize County assessing services, and City staff recommends the implementation of the proposed contract. Councilmember Ryan thanked Mr. Eitel for his report. He noted the presence of Hennepin County Assessor Jim Atchison in the audience, and thanked him for his attendance. He expressed his strong support of the proposed contract, which will result in yearly cost savings and provide the same level of service for the City's residents. Mayor Willson expressed some trepidation at the transitional plan and proposed contract. He added, however, he will support its implementation. 1. RESOLUTION NO. 2014-54 AUTHORIZING THE EXECUTION OF A TWO-YEAR CONTRACT WITH HENNEPIN COUNTY FOR ASSESSING SERVICES Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-54 authorizing the execution of a two-year contract with Hennepin County for Assessing Services. Motion passed unanimously. 04/14/14 -12- DRAFT 2. RESOLUTION NO. 2014-55 AUTHORIZING TRANSITIONAL PLAN FOR ASSESSING DEPARTMENT Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-55 authorizing Transitional Plan for Assessing Department. Motion passed unanimously. 10h.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7013 FREMONT 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 7013 Fremont 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 5540 KNOX 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 Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5540 Knox 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 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. 2014-56 APPROVING A TYPE IV RENTAL LICENSE FOR 6012 YORK AVENUE NORTH 04/14/14 -13- DRAFT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-56 approving the issuance of a Type IV six-month provisional rental license and mitigation plan 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. 10k. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON FINANCIAL COMMISSION Mr. Boganey presented the Mayoral appointment of James Schulz, 5913 Colfax Avenue North, to the Financial Commission with term to expire December 31, 2016. He added Mr. Schulz was not present at the meeting. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to ratify the Mayoral Appointment of James Schulz, 5913 Colfax Avenue North, to serve on the Financial Commission. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: •March 27, 2014, Brooklyn Center Business Association luncheon featuring guest speaker City Manager Curt Boganey •March 29, 2014, CEAP Food Drive at Cub Foods •April 5, 2014, Immigration Clinic at Hennepin County Service Center, hosted by Brooklyn Center Police Department •April 6, 2014, Lions Pancake Breakfast at Brooklyn Center High School •April 9, 2014, Annual Joint City Council Advisory Commission Appreciation Event •April 11, 2014, Annual Firefighters Appreciation Dinner •April 11, 2014, Pancake Breakfast at Fire Station •April 16, 2014, 24 th Annual Police Citizen Award Ceremony •April 26, 2014, Annual EarthFest at Brooklyn Center Community Center Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: •March 25, 2014, Crime Prevention book sale meeting •March 27, 2014, Planning Commission meeting •March 29, 2014, Women's Club Scholarships Fundraiser •April 1, 2014, CEAP luncheon honoring Meals on Wheels volunteers •April 5, 2014, volunteered at Immigration Clinic at Hennepin County Service Center •April 5, 2014, Northwest Cities Remodeling Fair in Crystal 04/14/14 -14- DRAFT •April 8, 2014, Crime Prevention book sale meeting •April 9, 2014, volunteered to help with afterschool activities at Earle Brown School •April 9, 2014, Annual Joint City Council Advisory Commission Appreciation Event •April 12, 2014, Brooklyn Center Lioness Luncheon and Style Show fundraiser Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: •March 29, 2014, CEAP Food Drive - CEAP trucks collected donations of food and money in recognition of Food Share Month. CEAP set donation goals of 125,000 pounds of food and $175,000; actual donations reached 201,000 pounds of food and $179,000. •April 5, 2014, Immigration Clinic at Hennepin County Service Center •April 6, 2014, Lions Pancake Breakfast o April 7, 2014, Brooklyns Youth Council •April 8, 2014, Liberia trip debrief meeting •April 9, 2014, Annual Joint City Council Advisory Commission Appreciation Event •April 11, 2014, Annual Firefighters Appreciation Dinner •April 13, 2014, installation of Reverend Alexander Collins, new Executive Director of Liberian Ministers Association •April 14, 2014, tour of City Garage with Youth Councilmembers in connection with Youth in Government Day Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: •March 26, 2014, Odyssey Academy Board Meeting •March 27, 2014, Brooklyn Center Business Association luncheon featuring guest speaker City Manager Curt Boganey •April 6, 2014, Lions Pancake Breakfast •April 9, 2014, Annual Joint City Council Advisory Commission Appreciation Event •April 11, 2014, Annual Firefighters Appreciation Dinner •April 16, 2014, 24 th Annual Police Citizen Award Ceremony •April 17, 2014, Emergency Town Hall Meeting: "Keeping Heroin Out", North Hennepin Community College Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: •March 29, 2014, Women's Club Scholarships Fundraiser •March 31, 2014, CEAP Meals on Wheels Mayor's Day event •April 6, 2014, Lions Pancake Breakfast o April 8, 2014, Liberia trip debrief meeting •April 9, 2014, Annual Joint City Council Advisory Commission Appreciation Event •April 11, 2014, Annual Firefighters Appreciation Dinner •April 13, 2014, Firefighters Relief Association Pancake Breakfast at East Fire Station •April 13, 2014, installation of Reverend Alexander Collins, new Executive Director of Liberian Ministers Association 04/14/14 -15- DRAFT Mr. Boganey invited the Youth Councilmembers to make closing remarks on their experiences during Youth in Government Day. Councilmember Luckett stated he enjoyed the tour of the Police and Fire Departments and spending time with the Councilmembers. He thanked the Councilmembers for the opportunity to take part in Youth in Government Day. He added it was a good experience for him Mayor Seley thanked the City Councilmembers for a great experience. He stated he felt it was a great way to learn about different services and places within the community, and about opportunities to become involved. He added his favorite part of the day was the Police Department tour, and he enjoyed the stories he heard while there. Mayor Seley stated that taking part in the City Council meeting taught him a lot about local government, how issues are presented, and how to manage a meeting. He added he did not really understand the way things worked at the beginning, but the process became clearer as the meeting progressed. He noted he feels that he will be able to use this experience in his own life as he is the secretary of his school's Student Council, and he has learned a lot about how to manage and lead a group. He thanked the City Councilmembers for the honor of participating in Youth in Government Day. Councilmember Olad thanked the City Council for inviting him to participate in these events. He stated he has learned a lot, and really enjoyed the tour of City buildings. He added he has only lived in Brooklyn Center for 2 years, having moved to the area from St Paul. He noted he looks forward to living in Brooklyn Center. Councilmember Le expressed his thanks to the City Councilmembers for giving him and his Youth in Goverment peers the opportunity to be involved in City goverment. He added he enjoyed seeing the inside of the Police and Fire stations. Councilmember Kaiser thanked the City Council for the opportunity to see how local government works and how meetings are conducted. He added it has been a good way to find out more about Brooklyn Center, especially seeing where City services are located and meeting the City Councilmembers. He noted it has been great motivation for him. Mayor Willson thanked the Youth Councilmembers for their input and attendance. He added he enjoyed the evening, and he felt it was an honor to provide information and counsel to the potential future lawmakers. Councilmember Ryan expressed the City Council's appreciation of the Youth Councilmember's participation in Youth in Government Day. 12. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Kleven seconded adjournment of the City Council meeting at 9:05 p.m. 04/14/14 -16- DRAFT Motion passed unanimously. 04/14/14 -17- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/EDA/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION APRIL 14, 2014 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/EDA/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President/President Tim Willson at 9:15 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, Police Commander Tim Gannon, City Attorney Mary Tietjen, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Also present were Youth in Government Day participants Mayor/President Molubah Seley, Brooklyn Center High School; and Councilmember/Commissioners Craig Kaizer, Park Center High School; Thien Le, Park Center High School; Ernest Luckett, Park Center High School; and Mahad Olad, Brooklyn Center High School. E-CIGARETTES DISCUSSION (CONTINUED) Mr. Boganey requested feedback and comments from the Youth in Government Day participants regarding e-cigarettes. Councilmember Seley asked whether there are any negative health side effects associated with the use of e-cigarettes. Police Commander Gannon stated there is no data or research on this subject and there are a number of different variables. He added e-cigarettes are not approved by the FDA, and health effects have not been determined. Councilmember/Commissioner Ryan stated an extremely serious health effect of long-term exposure to nicotine is a tracheotomy, or surgery to deliver oxygen to the lungs. He added e- cigarettes contain nicotine in a liquid form, and therefore will probably have the same long-term negative health effects as smoking. Councilmember/Commissioner Kleven stated there have been numerous hospital reports of small children being exposed to the liquid nicotine in e-cigarettes when parents or caregivers have left the devices lying around. She added the e-cigarettes have a chamber for the liquid nicotine that is easy to open if not tightened properly. 04/14/14 -1- DRAFT Councilmember Kaiser stated he was hanging out at the park recently with his friends, and they saw another kid smoking e-cigarettes by himself for over an hour. He added he believes that other young people do not see e-cigarettes as dangerous to your health, and they will continue to use them. He noted he believes this is a serious issue and young people need to be better educated. Commander Gannon stated e-cigarettes are marketed with fun flavors that appeal to young people. He added the tobacco companies are specifically targeting youth with a product that has not been approved by the FDA and of which very little is known in terms of health effects. Councilmember Kaiser asked whether e-cigarettes could be restricted to stop them from being available to the young people. Commander Gannon stated the City is currently looking at ways to regulate how e-cigarettes are being sold and used in Brooklyn Center. Mayor/President Willson stated that the State legislature is considering legislation that will provide momentum for the City to take some action on this issue. He added the City would look seriously at what can be done to prohibit the use of e-cigarettes if the State legislature is not proactive in enacting acceptable legislation. Councilmember Olad stated he has seen students inside his high school smoking e-cigarettes because they know there are no rules regarding e-cigarettes and they will not get in trouble. He added all the different flavors are enticing to kids. He believes that kids do not think there is nicotine in e-cigarettes, and they will not become addicted to them. Councilmember Seley agreed that people use e-cigarettes because they believe they do not contain nicotine, and yet they become addicted to them. Councilmember Luckett stressed the importance of pointing young people in other directions and recommending better choices. He stated he believes it is important to take action to address possible negative outcomes and change people's opinions. He added he, and other young people, should be out there telling their friends that e-cigarettes contain nicotine, and that they are addictive and unsafe. He noted there should be repercussions for young people who use tobacco products because it is against the law. Mayor/President Willson stated he hopes the youth Councilmembers will help to change other young people's perceptions about nicotine addiction and e-cigarettes. He added e-cigarettes are a drug delivery system. Councilmember Seley asked what, if any, consequences are in place for young people who get caught smoking e-cigarettes. Commander Gannon stated Brooklyn Center has a strong diversion program, and also the City is trying to focus on restricting e-cigarette retailers to put most of the responsibility on their shoulders. Councilmember Kaiser asked for clarification on the City Council's recent vote to stop on the issue of e-cigarettes. Councilmember/Commissioner Myszkowski stated the City Council voted to prohibit the establishment of hookah lounges in the City for 90 days. She added this has 04/14/14 -2- DRAFT allowed the City to research this issue further. Mayor/President Willson stated the law that was enacted is a moratorium, or a formal agreement that prohibits a certain activity for a specified amount of time. Councilmember Lawrence-Anderson reviewed a StarTribune article provided by Councilmember Myszkowski, which asserts that $59 million is currently being spent annually by big tobacco companies to market and promote e-cigarettes. She added big tobacco companies want to create a huge profit by addicting another entire generation to inhaling a substance. She noted the health hazards of e-cigarettes are not known, and may not be known for years, but the City must be proactive even if the State legislature is not. Councilmember Kaiser asked when the State legislature would be voting on e-cigarettes. Mayor/President Willson stated they have a deadline of May 15. He added the City would begin the legislative process of restricting the use of e-cigarettes if the State legislature has not made any progress by then. The Youth Councilmembers left the meeting at 9:35 p.m. Mayor/President Willson requested that the remaining Work Session Agenda Items be tabled due to the late hour. Mr. Lillehaug stated he would like to give a quick video presentation on the progress of the Water Treatment Plant plans, as the design is currently under way. It was the majority consensus of the City Council/EDA to review the Water Treatment Plan video presentation. WATER TREATMENT PLANT VIDEO PRESENTATION Mr. Lillehaug presented the site plan design, including building layout, panoramic views of the building interior, and proposed building materials. He played a panoramic video depiction of the proposed Water Treatment Plant's interior spaces. Mayor/President Willson thanked Mr. Lillehaug for playing the video, which was very impressive. He added he has questions regarding funding and rate increases, especially pertaining to scenarios 1 and 2. Councilmember/Commissioner Ryan thanked Mr. Lillehaug for arranging the Andover plant tour and also for presenting the virtual video tour. He asked whether the City Council/EDA could review the City's overall debt position at an upcoming Work Session. He added residents may have questions, and the City Council/EDA should be prepared to answer them. Finance Director Nate Reinhardt stated the City has a good low debt position. He agreed to present more information at the City Council/EDA's next Work Session. WATER TREATMENT PLANT — FUNDING AND RATE STUDY Due to the late hour, this item was not addressed. 04/14/14 -3- DRAFT WATER TREATMENT PLANT TOUR FEEDBACK Due to the late hour, this item was not addressed. ADJOURNMENT The City Council/EDA/Economic Development Authority Work Session was adjourned at 9:47 P.m. 04/14/14 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA BOARD OF APPEAL AND EQUALIZATION APRIL 21, 2014 CITY HALL — COUNCIL CHAMBERS 1.CALL TO ORDER The Brooklyn Center City Council met as the Board of Appeal of Equalization and the meeting was called to order by Mayor Tim Willson at 7:00 p.m. 2.ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were Director of Business and Development Gary Eitel, Appraiser Jill Brenna, Appraiser Technician Jason Vaith, and Deputy City Clerk Maria Rosenbaum. Others present from Hennepin County were Nancy Wojcik and Josh .Hoogland. 3.LOCAL BOARD OF APPEAL AND EQUALIZATION (LBAE) CERTIFICATION FORM The Local Board of Appeal and Equalization Certification form was signed by all Board Members. 4.QUESTIONS REGARDING THE LOCAL BOARD OF APPEAL AND EQUALIZATION DUTIES There were no questions regarding the Local Board of Appeal and Equalization duties. 5. APPEARANCES BY TAXPAYERS WITH APPOINTMENTS Joe Noonan — TMC Property Management, had requested an appointment to appear before the Local Board of Appeal and Equalization regarding the properties at 5338 Irving Avenue N, 5223 Xerxes Avenue N, and 6312 France Avenue N; however, did not appear. The Board discussed the three properties and had the following recommendations: A motion by Councilmember Kleven, seconded by Councilmember Ryan to reduce the 2014 estimated market value for the property at 5338 Irving Avenue N from $120,500 to $115,300 for taxes payable in 2015. Motion passed unanimously. 04/21/14 -1- DRAFT A motion by Councilmember Ryan, seconded by Councilmember Lawrence-Anderson to sustain the 2014 estimated market value for the property at 5223 Xerxes Avenue N at $135,500 for taxes payable in 2015. Motion passed unanimously. A motion by Councilmember Lawrence-Anderson, seconded by Councilmember Myszkowski to sustain the 2014 estimated market value for the property at 6312 France Avenue N at $124,800 for taxes payable in 2015. Motion passed unanimously. 6.APPEARANCES BY TAXPAYERS WITHOUT AN APPOINTMENT Kurt Graham, 6913 Oliver Avenue N, addressed the Board so that he could have his property entered into the record for the reconvene meeting in May due to the fact that he was waiting on an upcoming judgment. It was noted that Mr. Graham should get documents to staff for review before the May reconvene meeting. 7.CONSIDERATION OF WRITTEN APPEALS The following provided written appeals and were not present. Appraiser Jill Brenna and Appraiser Technician Jason Vaith discussed each appeal and had the following recommendations: Randy Snodgrass, 4747 Twin Lake Avenue. A motion by Councilmember Myszkowski, seconded by Councilmember Ryan to reduce the 2014 estimated market value for the property at 4747 Twin Lake Avenue $6,100 to $322,800 for taxes payable in 2015. Motion passed unanimously. Invitation Homes IH3 Properties, 1900 Brookview Drive. A motion by Councilmember Ryan, seconded by Councilmember Myszkowski to sustain the 2014 estimated market value for the property at 1900 Brookview Drive at $153,100. Motion passed unanimously. Invitation Homes THR Properties, 5043 Brooklyn Boulevard. A motion by Councilmember Myszkowski, seconded by Councilmember Lawrence-Anderson to reduce the 2014 estimated market value for the property at 5043 Brooklyn Boulevard to $166,200. Motion passed unanimously. Randy Fox, Atwater Group, 6160 Summit Drive. Josh Hoogland from the Hennepin County Assessor's Office presented information regarding this appeal and larger reduction in the estimated market value. It was noted with this building being unique in layout and having smaller tenant spaces this is considered to be a reasonable reduction. A motion by Councilmember Ryan, seconded by Councilmember Kleven to reduce the 2014 estimated market value for the property at 6160 Summit Drive to $4,500,000. 04/21/14 -2- DRAFT Earle Brown Terrace, Independent Living/Apartment Homes, 6100 Summit Drive. The owner of this property had just appealed this morning and at this time there is no recommendation. There was consensus of the Board to continue this property to the May 5, 2014, Continued Board of Appeal and Equalization meeting. 8.SET DATE OF LOCAL BOARD OF APPEAL AND EQUALIZATION RECONVENE MEETING Michael Johnson, 5343 Sailor Lane, addressed the Board to inform that he would like to submit an appeal to be heard at the May 5, 2014, Continued Board of Appeal and Equalization meeting. Mr. Johnson was informed that he would need to get the appeal to the City Assessor's Office before May 5, 2014. There was a motion by Councilmember Myszkowski, seconded by Councilmember Ryan to accept no more appeals and to set May 5, 2014, 6:00 p.m. for the Local Board of Appeal and Equalization Reconvene Meeting. 9.RECESS OR ADJOUNRMENT A motion by Councilmember Ryan, seconded by Councilmember Myszkowski to recess the Local Board of Appeal and Equalization at 7:54 p.m. to May 5, 2014, 6:00 p.m. Motion passed unanimously. 04/21/14 -3- DRAFT City Council Agenda Item No. 6b MECHANCIAL Air & Furnace Care, Inc. Corval Constructors, Inc. LBP Mechanical North Suburban Heat Air Team Mechanical, Inc. Owens Companies, Inc. 4101 93 1d Avenue N, Brooklyn Park 1633 Eustis Street, St. Paul 315 Royalston Avenue N, Minneapolis 19066 Jasper NW, Anoka 3508 Snelling Avenue, Minneapolis 930 E 80 th Street, Bloomington RENTAL See attached report. SIGN HANGER Indigo Signworks, Inc. Signation Sign Group VEO Sign LLC 1622 Main Avenue, Fargo 6840 Shingle Creek Pkwy, Brooklyn Center 6353 Martin Avenue NE, Otsego COUNCIL ITEM MEMORANDUM DATE: April 22, 2014 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City C1erk,0 SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on April 28, 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. FIREWORKS — TEMPORARY STAND TNT Fireworks 3245 County Road 10 _ . lfission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit 0-1Type I — 3 Year 1-2 units 3+ units 0-0.75 Type II — 2 Year 1-2 units 3 units Greater than 1 but not more than 4 Greater than 0.75 but not more than 1.5 Type III — 1 Year 1-2 units 3+ units Greater than 4 but not more than 8 Greater than 1.5 but not more than 3 Type IV —6 Months 1-2 units 3+ units Greater than 8 Greater than 3 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, sa e, inclusive community that enhances the t uality of life for all people and preserves the public trust '_Ti CL s- 2T CL) CO I- eL CL co '0 C > CO0 0 v)CC -0 -C a)n 4--,VIif) a)0 0 •:-:..-a)0 a 0= >.E ttOC.CU e.) v) UV) rn- co , 8 a) 0 0cI. a)>- c0 1._ .0 (v‘....ra a) s._U 0 CU 0C 'n,- 011 cu .c w(/) 0 1.._u_ :3 CuU ** ** * * ..i o=r-ar 0 *0 0) *0 0 *'5 c ww e) o_.._ o >..CL :3 I- -===-= CUV)— c aj C (...) >_..11- In I- ====--—== a)(..) * o LL0- 0 <----.Z <---...Z 0 o 0 cp 0 o a)v)c aio) o.>---I I- =-==--_=_= O CL- 0>. C4-, 0s_ o. (1) a3s_ oa (...) 5 s--i 0 N cn 0 c)co (JD ,...a, 0 C .4-, u)a)E = o:47-;n3 > 0 EL). =I.1-,.4-■ CD1-CO3t/IV)0 13I-C0-C'Cu'cc1- 0 •-c,aa)> CU 0 -C coa)_0 CL0 s_ai (.)0 v)a)‘,--, --°s--.' V)CU-.0-a)CO...0u a),v, E CD0 c (D Tti_CI-4- --, NIa)Ca)E''')CCa•-1-'a (...) 4. c./1 W. CO 0 ..47,a) EC—C) s....C0 co...0 -C co.475c CO cllC0)CC CO (1)C01CC CD a/C0)CC CO CUCa/CC Cu OJC0)CC -C-0 a)C0/CC CL C -U. C CC)a,CL 0!- *E- cou_ ClltoC .&"1 .E- cou_ O.)baC .(7) = EcoLLo I-- Ecou_ CUCoC .(7) Ecou_ a.)CoC i7) Ecau_ 0) CIAC .05 >- ECuu_ a) 7.1 b 17)CC >-._ECuu_ cll Co 1.71 COt_a) 00 L.-asZ ..04-'a) coCI-)c-L. 1:: ----..o 3ULc) -a(1)0 v,cr, 0x-I CuLO 0- 0> Zw>, ....•0 C.),-.a)x 1"--001ln Z CU>....r-..1-,0 17-1) co71 Nc-.10CA z0..)>< -0,...cc)Lo 00,-1NCO ZC__I -C,1---to 0C)01C \ I ,_•U -Cia(-4N. NNcl-Lrl To iii CU ZO a) 'a--.)> _C< +,c ru 0 a)n0L.a) -----,E >W-oa)r-- 00 0en Cu1.11 o- Z CD><4-,C E11.2LL LOriNN ou'(1),.._ -0 <>.4-,a)0_0%...0.- City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM DATE: April 28, 2014 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director W. SUBJECT: Meeting Schedule for 2015-2016 Budget Recommendation: It is recommended that the City Council consider a motion approving the addition of a joint work session with the Financial Commission on Wednesday, August 6 t to the official calendar of Council meetings. Background: Meetings will be held to discuss the development of the budget document for the 2015 fiscal year with projections for the 2016 fiscal year. Date Topic August 6, 2014 (Wednesday) General Fund Attached is a complete listing of the dates and topics for City Council on the 2015/16 budget. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust City Council and Financial Commission Budget Schedule for 2015-2016 June 3, 2014 Tuesday July 7, 2014 Monday July 21, 2014 Monday *August 6, 2014 Wednesday August 18, 2014 Monday September 8, 2014 Monday October 6, 2014 Monday December 1, 2014 Monday December 8, 2014 Monday Work Session CAFR Presentation and Auditors Report Work Session Capital Improvement Plan and Capital Project Funds Work Session General Fund — Revenue/Department Requests Work Session General Fund — Department Requests Work Session General Fund — Department Requests Regular City Council Meeting Proposed adoption of preliminary levy and preliminary governmental funds budgets Work Session Special Revenue Funds, Debt Service Funds Internal Service Funds Work Session Utility Funds Work Session Enterprise Funds Regular City Council Meeting Proposed adoption of the 2015 pay plan, 2015 cafeteria contribution and 2015 utility rates Special City Council Meeting Public hearing on the recommended budget and levy followed by proposed adoption of final tax levies and budgets Regular City Council Meeting Continuation, if needed, of recommended budget and levy discussion/approval October 20, 2014 Monday November 3, 2014 Monday November 24, 2014 Monday *Revised from original schedule draft City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM DATE: April 22, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer 98f-- SUBJECT: Proclamation Declaring May 18-24, 2014 Public Works Week in the City of Brooklyn Center Recommendation: It is recommended that the City Council consider adoption of a proclamation declaring May 18 through May 24, 2014 as Public Works Week in Brooklyn Center. Background: National Public Works Week is a celebration of the tens of thousands of men and women in North America who provide and maintain the infrastructure and services collectively known as public works. Instituted as a public education campaign by the American Public Works Association in 1960, the weeklong celebration calls attention to the importance of public works in community life. The week seeks to enhance the prestige of the professionals who serve the public good every day with quiet dedication. In 2014, we celebrate the contributions of public works professionals as well as the communities they serve. The motto for 2014 is "Building for Today, Planning for Tomorrow." The Public Works Department employees 37 full time and 19 seasonal employees in the six divisions of the Department—Engineering, Street Maintenance, Parks Maintenance, Public Utilities, Capital Building Maintenance and the Central Garage. All divisions work together as a team to provide high-quality service for people who live, work, and visit Brooklyn Center. Many of the tasks like plowing streets, mowing parks, putting up signs, pumping water, maintaining large equipment and designing improvement projects are high profile. Many more tasks are completed almost unnoticeable except in their absence. Many people do not realize that significant efforts of the department take place while everyone else is sleeping. It is not unusual for street or park employees to get called out in the middle of the night after a storm to clear fallen trees from the road, or to plow or provide ice control during a winter storm, or utility employees to be called out to respond to a sewer backup or water main break. Our Public Works employees take great pride in their work. Budget Issues: There are no budget issues to consider. Strategic Priorities: e Civic Engagement Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lift • for all people and preserves the public trust PROCLAMATION DECLARING MAY 18-24, 2014 PUBLIC WORKS WEEK IN THE CITY OF BROOKLYN CENTER WHEREAS, WHEREAS, WHEREAS, WHEREAS, Public works services provided in our community are an integral part of our citizens' everyday lives; and The support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as engineering, water, wastewater, storm drainage, streets and highways, parks, capital building maintenance and central vehicle fleet maintenance; and The health, safety, and comfort of this community greatly depend on these facilities and services; and The quality and effectiveness of these facilities including their planning, design, construction, operation and maintenance is vitally dependent upon the efforts and skill of public works personnel. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim May 18-24, 2014 as "National Public Works Week" in the City of Brooklyn Center, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works personnel make every day to our health, safety, comfort, and quality of life. April 28, 2014 Date Mayor Council Members ATTEST: City Clerk City Council Agenda item No. 8a COUNCIL ITEM MEMORANDUM DATE: TO: FROM: SUBJECT: April 22, 2014 Curt Boganey, City Manager Sharon Knutson, City Clerk tSVAAM, grnAktatbk Tobacco Related Products Licenses 1.An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to the Sale of Tobacco Related Products 2.Resolution Amending the City Fee Schedule to Add Investigation Fees for Tobacco Related Products Licenses Recommendation: 1.It is recommended that the City Council open the Public Hearing, take public input, close the Public Hearing, and consider adoption of An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to the Sale of Tobacco Related Products. 2.It is recommended that following the Public Hearing and adoption of ordinance, the Council consider adoption of a Resolution Amending the City Fee Schedule to Add Investigation Fees for Tobacco Related Products Licenses. Background: At its March 24, 2014, meeting, the City Council approved first reading of An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to the Sale of Tobacco Related Products. Attached are the materials provided at the March 24, 2014, meeting. Attached is the ordinance amendment and a Resolution Amending the City Fee Schedule to Add Investigation Fees for Tobacco Related Products Licenses. The second reading and Public Hearing are scheduled for April 28, 2014. Notice of Public Hearing was published in the Brooklyn Center Sun-Post newspaper on April 3, 2014. Notice was also mailed to all tobacco related products license holders. If adopted, effective date will be June 7, 2014. Budget Issues: The investigation fee will cover the cost of conducting the background check. Strategic Priorities: • Community Image Mission: Ensuring an attractive, clean, safe, inclusive conununhy that enhances the quality of life for all people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 28th day of April, 2014, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Related to the Sale of Tobacco Related Products in the City. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES RELATING TO THE SALE OF TOBACCO RELATED PRODUCTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Sections 23-101 through 23-109, are repealed. Article II. Brooklyn Center City Code is amended by adding new Sections 23-101 through 23- 108 as follows: Section 23-101. LICENSE REQUIRED. No person shall directly or indirectly or by means of any device keep for retail sale, sell at retail, or otherwise dispense any tobacco related product at any place in the city of Brooldyn Center unless a license therefor shall first have been obtained as provided in Sections 23-101 through 23-108. Section 23-102. DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of Sections 23-101 through 23-108, the following definitions shall apply unless the context clearly indicates or requires a different meaning: 1."Cigar" means any roll of tobacco that is wrapped in tobacco leaf or in any substance containing tobacco, with or without a tip or mouthpiece, that is not a cigarette as defined in Minnesota Statutes, Section 297F.01, Subdivision 3, as amended from time to time. 2."Compliance checks" means the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices are following and complying with the requirements of Sections 23-101 through 23-108. Compliance checks shall involve the use of minors as authorized by Sections 23-101 through 23-108. Compliance checks shall also mean the use of ORDINANCE NO. minors who attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices. 3."Electronic delivery device" shall mean a product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of the vapor from the product. Electronic delivery devices shall include any component part of such a product whether or not sold separately. Electronic delivery devices shall not include any product that had been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose. 4."Individually packaged" means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually-wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single cigars, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered individually packaged. 5."Indoor area" means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. 6."Loosies" means the common term used to refer to a single or individually-packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. The term loosies does not include an individual premium cigar, as defined in Minnesota Statutes, Section 297F.01, Subdivision 13a, and as amended from time to time, that can be sold by a licensed retailer as a single cigar to the extent permitted by all applicable state and federal laws. 7."Minor" means any natural person who has not yet reached the age of 18 years. 8."Moveable place of business" means any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed-address storefront or other permanent type of structure authorized for sales transactions. 9. "Retail establishment" means any place of business where tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices are available for sale to ORDINANCE NO. the general public. The phrase shall include, but not be limited to, grocery stores, convenience stores, restaurants, and drug stores. 10."Sale" means any transfer of goods for money, trade, barter or other consideration. 11."Self-service merchandising" means open displays of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the customer and the licensee or employee. Self-service sales are interpreted as being any sale where there is not an actual physical exchange of the product between the clerk and the customer. 12."Smoking" shall mean the inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or tobacco product, or inhaling or exhaling vapor from any electronic delivery device. Smoking shall include carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation. 13."Tobacco or tobacco products" means and includes cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. 14."Tobacco-related devices" means and includes any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner that enables the chewing, sniffing or smoking of tobacco or tobacco products including electronic delivery devices. 15."Vending machine" means any mechanical, electric or electronic, or other type of device that dispenses tobacco, tobacco products or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco-related device. Section 23-103. LICENSE REQUIRED. ORDINANCE NO. 1.Generally. No person may directly or indirectly or by means of any device keep for retail sale, sell at retail, offer to sell or otherwise dispose of any tobacco, tobacco products, tobacco-related devices, or electronic delivery device at any place in the city unless a license has first been issued by the City as provided in this Section. 2.Application. An application for a license to sell tobacco, tobacco products, tobacco- related devices, and electronic delivery devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses, and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. 3.Action. Upon receipt of a completed application, the City Clerk shall forward the application to the police department for investigation. The police department shall conduct an investigation of the applicant and application regarding the fitness of the applicant to hold a license pursuant to the standards set forth in Sections 23-101 through 23-108, and report the results of its investigation to the City Clerk within 30 days of receipt of the application. The City Clerk shall forward the application for consideration by the City Council. 4.Fees. No application for a license under Sections 23-101 through 23-108 shall be accepted until the appropriate license or investigation fee is paid in full. The fee(s) shall be established by the City Council by resolution from time to time. 5.Sanctions for violation. Shall be set by the City Council at penalty phase not to be less than state mandated guidelines. 6.Transfers. All licenses issued under Sections 23-101 through 23-108 shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. 7.Moveable place of business. No license shall be issued to a moveable place of business. Only fixed-location businesses shall be eligible to be licensed under Sections 23-101 through 23-108. 8.Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. 9. Renewals. Every such license shall expire on December 31 next after its issuance. A fee for the renewal of any license issued under Sections 23-101 through 23-108 shall be paid to the City Clerk with the renewal application. Applications for renewal must be submitted by November 30 of the year prior to the license year. Section 23-104. RESTRICTIONS. The following shall be grounds for denying the issuance of or renewal of a license under Sections 23-101 through 23-108; if a license is mistakenly issued or renewed to a person, it shall ORDNANCE NO. be revoked upon the discovery that the person was ineligible for the license under this Section: 1.The applicant is under the age of 18 years of age; 2.The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco products, or tobacco-related devices. 3.The applicant has had a license to sell tobacco, tobacco products, or tobacco-related devices revoked within the preceding 12 months of the date of application. 4.The applicant fails to provide any information required on the application, or provides false or misleading information. 5.The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation, from holding such a license. 6.Nonpayment by the property owner and/or applicant of any fees or charges owed to the City and/or county, including, but not limited to, utilities and property taxes. 7. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under Sections 23-101 through 23- 108. Section 23-105. PROHIBITED SALES. 1. It shall be a violation of Sections 23-101 through 23-108 for any person to sell or offer to sell any tobacco, tobacco product, or tobacco-related device: a.To a minor; b.By a vending machine; c.By self-service; d.As loosies; e. If the tobacco or tobacco products contain opium, morphine, jimsonweed, belladonna, strychnos, cocaine, marijuana, or other delirious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process; or f. To any other person, in any other manner or form prohibited by federal or state law or regulation, or by local ordinance. ORDINANCE NO. 2. It shall be a violation of Sections 23-101 through 23-108 for any retail establishment to sell, offer for sale, or distribute a single cigar unless the cigar is sold in an original package of at least five cigars, provided that: a.This restriction shall not apply to any sale, offer to sell, or distribution of a single cigar that has a retail sales price of no less than $2.10 before sales tax. b.Cigars to which price promotions or discounts apply shall not be excluded from this restriction. SECTION 23-106. SMOKING PROHIBITED. Smoking shall not be permitted in, and no person shall smoke in, any licensed premises. Section 23-107. COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises shall be open to inspection by the City police or other authorized City official during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years to enter the licensed premise to attempt to purchase tobacco, tobacco products or tobacco-related devices. Minors used for the purpose of compliance checks shall be supervised by City designated law enforcement officers or other designated City personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products or tobacco-related devices when those items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Section 23-108. VIOLATION AND PENALTY. 1.Misdemeanor prosecution. Nothing in this Section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of Sections 23-101 through 23- 108. 2.Administrative penalties. a) Licensees. Administrative Penalties: Licensees. If a licensee or employee of a licensee sells tobacco to a person under the age of 18 years, or violates any other provision of Sections 23-101 through 23-109, the licensee shall be charged an administrative penalty of $100. An administrative penalty of $200 shall be imposed for a second violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of $250 shall be imposed, and the ORDINANCE NO. licensee's authority to sell tobacco at that location shall be suspended for not less than seven days. b)Other individuals. Other individuals, other than minors regulated by Sections 23- 101 through 23-108, found to be in violation of Sections 23-101 through 23-108 shall be charged an administrative fine of $50.00. c)Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, shall be subject to an administrative fine, or may be subject to tobacco-related education classes, diversion programs, community services, or another penalty that the City believes will be appropriate and effective. The administrative fine or other penalty shall be established by City Council ordinance upon the City Council's consultation with interested parties of the courts, educators, parents and children to determine an appropriate penalty for minors in the city. This administrative fine or other penalty may also be established from time to time by the ordinance or resolution establishing fees and charges, as it may be amended from time to time. d) Statutory penalties. If the administrative penalties authorized to be imposed by Minnesota Statutes, Section 461.12, as it may be amended from time to time, differ from those established in this Section, then the more severe penalty shall prevail. Article III. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 28th day of April, 2014. Mayor ATTEST: City Clerk Date of Publication: May 8, 2014 Effective Date: June 7, 2014 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE CITY FEE SCHEDULE TO ADD INVESTIGATION FEES FOR TOBACCO RELATED PRODUCTS LICENSES WHEREAS, on April 28, 2014, the City Council adopted Ordinance No. 2014- 04 amending Chapter 23 of the City Code of Ordinances Relating to the Sale of Tobacco Related Products; and WHEREAS, Section 23-103 (4) of Chapter 23 of the City Code of Ordinances provides that the City Council shall establish by resolution investigation fees for tobacco related products licenses; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following tobacco related products investigation fees are hereby established: Tobacco Related Products License Investigation Fee $150 BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that this resolution shall be effective June 7, 2014. April 28, 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. Materials that were included in the March 24, 2014, City Council agenda packet. COUNCIL ITEM MEMORANDUM DATE: March 19, 2014 TO: Curt Boganey, City Manager FROM: Kevin Benner, Chief of Police .—vg-e--<" SUBJECT: An Ordinance Amending Chapter 23 of the City Code of Ordinance Relating to Tobacco Related Product Recommendation: It is recommended that the City Council consider approving the first reading of an Ordinance Amending Chapter 23 of the-City Code of Ordinance Relating to Licensing of Tobacco Related Products. Background: In January 2014, the City Council had directed staff to review the possible health concerns related to the use of electronic cigarette and related vapor inhalation devices. Staff conducted extensive research on the current trends related to the use of these vapor producing devices and the rules that other cities have adopted to address them and presented their findings to Council on February 10, 2014. At the direction of the City Council on Marchl 0, 2014, the existing ordinance relating to the sale of tobacco related product was reviewed by the City's Attorney and an amended ordinance was prepared that includes language to address electronic cigarettes and related devices, Upon review of the current ordinance, there are several changes and the amended ordinance has been completely redone. The amended ordinance is a reflection of the tobacco ordinance supported by the League of Minnesota Cities and multiple cities in Minnesota. The main change in this amended ordinance is that vapor producing devices will be considered the same as smoking devices. This will allow for the same licensing requirements of electronic cigarettes as for tobacco filled cigarettes. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Charles L. LeFevere 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337-9215 telephone (612) 337-9310 fax clefevere@kennedy-graven.com http://www.kennedy-graven.com CHARTERED MEMORANDUM Date: March 18, 2014 To: Brooklyn Center City Council From: Charles LeFevere Re: Tobacco Ordinance The proposed tobacco ordinance is not presented in the usual format of lining out deleted text and underlining new text. Rather, because the existing code and the new proposed code based on the League of Cities model are so different. The proposed ordinance simply repeals the old ordinance and substitutes a new one. However, it may be helpful to highlight some of the changes made by the new ordinance. Section 23-102 amends existing definitions and adds new definitions as follows: •Defines "electronic delivery devices" •Defines "indoor area" •Defines "loosies" •Defines "minor" •Defines "movable place of business" •Defines "retail establishment" •Defines "sale" •Amplifies the definition of "self-service merchandising" •Defines "smoking" •Substitutes a definition of "tobacco or tobacco-related products" for a definition of "tobacco-related product" •Adds a definition of "tobacco-related devices" Section 23-103 requires a license to sell electronic delivery devices as well as tobacco, tobacco products and tobacco-related devices. 441174v1 BR291-20 City Council Memo re: Tobacco Ordinance March 18, 2014 Page 2 Section 23-104 establishes new standards for licensee eligibility. Section 23-105 prohibits the sales of loosies. Section 23-107 provides additional description of the City's compliance checks. Section 23-105 adds a provision relating to penalties or treatment of minors who unlawfully purchase or attempt to purchase tobacco. Additionally, language has been added at the suggestion of the Association for Non-Smokers relating to cigars. These have not previously been submitted to the Council but have been added to the draft in the Council packet. These changes include definition of the term "cigar", a clarification that the term "loosies" does not include individual premium cigars and in Section 23-105 prohibits the sale of cigars in a package with fewer than five cigars unless they have a retail value of at least $2.10 plus sales tax. CLL:peb 441174v1 BR291-20 Sharon Knutson From: Sent: To: Subject: Attachments: LeFevere, Charlie L. <clefevere@Kennedy-Graven.com > Monday, March 24, 2014 4:41. PM Curt Boganey; Sharon Knutson; Tim Gannon tobacco ordinance Revised Tobacco Ordinance; BR291-20 - 439156v4.docx Curt, Sharon, and Tim Attached is a corrected version of the tobacco ordinance. It deletes a sentence from an earlier draft that defines "loosies" as cigars with a retail price, before taxes, of $2.00 per cigar. When I added the sentence after that sentence (the one dealing with "premium" cigars), at the suggestion of the Tobacco-Free Group, I should have deleted this sentence. The number $2.00 is correct, but it comes from the statutory definition of premium cigar, which is a cigar with a wholesale price of $2.00. Curt, if you get this before the meeting tonight, this should probably come off of the consent agenda so I can explain the change. Charlie Charles L. LeFevere Kennedy and Graven, Chartered 470 U. S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Telephone: (612) 337-9215 Fax: (612) 337-9310 clefeverekennedy-oraven.com 1 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2014, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to the sale of tobacco related products in the City. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 763-569-3303 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATED TO THE SALE OF TOBACCO RELATED PRODUCTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Sections 23-101 through 23-109 are repealed. Article II. Brooklyn Center City Code is amended by adding new sections 23-101 through 23-108 as follows: Section 23-101. LICENSE REQUIRED No person shall directly or indirectly or by means of any device keep for retail sale, sell at retail, or otherwise dispense any tobacco related product at any place in the City of Brooklyn Center unless a license therefor shall first have been obtained as provided in Sections 23-101 through 23-108. Section 23-102. DEFINITIONS Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of Sections 23-101 through 23-108, the following definitions shall apply unless the context clearly indicates or requires a different meaning: 1.- "Cigar" means any roll of tobacco that is wrapped in tobacco leaf or in any substance containing tobacco, with or without a tip or mouthpiece, that is not a cigarette as defined in Minnesota Statutes, section 297F.01, subdivision 3, as amended from time to time. 2."Compliance checks" means the system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices are following and complying with the requirements of Sections 23-101 through 23- 108. Compliance checks shall involve the use of minors as authorized by Sections 23-101 through 23-108. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices. 3. "Electronic delivery device" shall mean a product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of the vapor from the product. Electronic delivery devices shall include any component part of such a product whether or not sold separately. Electronic delivery devices shall not include any product that had been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in 439156v4 BR291-20 tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose. 4."Individually packaged" means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually-wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single cigars, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered individually packaged. 5."Indoor area" means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider , garage door, or other physical barrier, whether temporary or permanent.wh eIntros • ven d Joit Se"6."Loosies" means the common term used to refer to a single or individually-packaged cigar te or any V" e)L. other tobacco product that has been removed from its packaging and sold individually. The term P-erf°4 loosies does not include an individual premium cigar, as defined in Minnesota Statutes, section 297F.01, subdivision 13a, and as amended from time to time, that can be sold by a licensed retailer as a single cigar to the extent permitted by all applicable state and federal laws. 7."Minor" means any natural person who has not yet reached the age of 18 years. 8."Moveable place of business" means any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed-address storefront or other permanent type of structure authorized for sales transactions. 9."Retail establishment" means any place of business where tobacco, tobacco products, tobacco- related devices, or nicotine or lobelia delivery devices are available for sale to the general public. The phrase shall include, but not be limited to, grocery stores, convenience stores, restaurants, and drug stores. 10."Sale" means any transfer of goods for money, trade, barter or other consideration. 11."Self-service merchandising" means open displays of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco- related device, or nicotine or lobelia delivery device between the customer and the licensee or employee. Self-service sales are interpreted as being any sale where there is not an actual physical exchange of the product between the clerk and the customer. 12."Smoking" shall mean the inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or tobacco product, or inhaling or exhaling vapor from any electronic delivery device. Smoking shall include carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation. 13."Tobacco or tobacco products" means and includes cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings; cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation 439156v4 BR291-20 product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. 14."Tobacco-related devices" means and includes any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner that enables the chewing, sniffing or smoking of tobacco or tobacco products including electronic delivery devices. 15."Vending machine" means any mechanical, electric or electronic, or other type of device that dispenses tobacco, tobacco products or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco-related device. Section 23-103. LICENSE REQUIRED 1.Generally. No person may directly or indirectly or by means of any device keep for retail sale, sell at retail, offer to sell or otherwise dispose of any tobacco, tobacco products, tobacco-related devices, or electronic delivery device at any place in the city unless a license has first been issued by the city as provided in this section. 2.Application. An application for a license to sell tobacco, tobacco products, tobacco-related devices, and electronic delivery devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses, and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. 3.Action. Upon receipt of a completed application, the city clerk shall forward the application to the police department for investigation. The police department shall conduct an investigation of the applicant and application regarding the fitness of the applicant to hold a license pursuant to the standards set forth in sections 23-101 through 23-108, and report the results of its investigation to the city clerk within 30 days of receipt of the application. The city clerk shall forward the application for consideration by the city council. 4.Fees. No application for a license under sections 23-101 through 23-108 shall be accepted until the appropriate license or investigation fee is paid in full. The fee(s) shall be established by the city council by resolution from time to time. 5.Sanctions for violation. Shall be set by the city council at penalty phase not to be less than state mandated guidelines. 6.Transfers. All licenses issued under sections 23-101 through 23-108 shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. 7.Moveable place of business. No license shall be issued to a moveable place of business. Only fixed-location businesses shall be eligible to be licensed under sections 23-101 through 23-108. 8.Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. 9. Renewals. Every such license shall expire on December 31 next after its issuance. A fee for the renewal of any license issued under sections 23-101 through 23-108 shall be paid to the City Clerk with the renewal application. Applications for renewal must be submitted by November 30 of the year prior to the license year. 439156v4 BR291-20 Section 23-104. RESTRICTIONS The following shall be grounds for denying the issuance of or renewal of a license under sections 23-101 through 23-108; if a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section: 1.The applicant is under the age of 18 years of age; 2.The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco products, or tobacco-related devices. 3.The applicant has had a license to sell tobacco, tobacco products, or tobacco-related devices revoked within the preceding 12 months of the date of application. 4.The applicant fails to provide any information required on the application, or provides false or misleading information. 5.The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation, from holding such a license. 6.Nonpayment by the property owner and/or applicant of any fees or charges owed to the city and/or county, including, but not limited to, utilities and property taxes. 7. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under sections 23-101 through 23-108. Section 23-105. PROHIBITED SALES 1. It shall be a violation of sections 23-101 through 23-108 for any person to sell or offer to sell any tobacco, tobacco product, or tobacco-related device: a.To a minor; b.By a vending machine; c. By self-service; d.As loosies; e.If the tobacco or tobacco products contain opium, morphine, jimsonweed, belladonna, strychnos, cocaine, marijuana, or other delirious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process; or f.To any other person, in any other manner or form prohibited by federal or state law or regulation, or by local ordinance. 2. It shall be a violation of Sections 23-101 through 23-108 for any retail establishment to sell, offer for sale, or distribute a single cigar unless the cigar is sold in an original package of at least five cigars, provided that: a. T his restriction shall not apply to any sale, offer to sell, or distribution of a single cigar that has a retail sales price of no less than $2.10 before sales tax. 439156v4 BR291-20 b. igars to which price promotions or discounts apply shall not be excluded from this restriction. SECTION 23-106. SMOKING PROHIBITED Smoking shall not be permitted in, and no person shall smoke in, any licensed premises. Section 23-107. COMPLIANCE CHECKS AND INSPECTIONS All licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years to enter the licensed premise to attempt to purchase tobacco, tobacco products or tobacco-related devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products or tobacco- related devices when those items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Section 23-108. VIOLATION AND PENALTY 1.Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of Sections 23-101 through 23-108. 2.Administrative penalties. a)Licensees. Administrative Penalties: Licensees. If a licensee or employee of a licensee sells tobacco to a person under the age of 18 years, or violates any other provision of Sections 23-101 through 23-109, the licensee shall be charged an administrative penalty of $100. An administrative penalty of $200 shall be imposed for a second violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of $250 shall be imposed, and the licensee's authority to sell tobacco at that location shall be suspended for not less than seven days. b)Other individuals. Other individuals, other than minors regulated by sections 23-101 through 23- 108, found to be in violation of sections 23-101 through 23-108 shall be charged an administrative fine of $50.00. c)Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, shall be subject to an administrative fine, or may be subject to tobacco-related education classes, diversion programs, community services, or another penalty that the city believes will be appropriate and effective. The administrative fine or other penalty shall be established by city council ordinance upon the city council's consultation with interested parties of the courts, educators, parents and children to determine an appropriate penalty for minors in the city. This administrative fine or other penalty may also be established from time to time by the ordinance or resolution establishing fees and charges, as it may be amended from time to time. d)Statutory penalties. If the administrative penalties authorized to be imposed by Minn. Stats. § 461.12, as it may be amended from time to time, differ from those established in this section, then the more severe penalty shall prevail. 439156v4 BR291-20 Article Ill. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2014. Mayor ATTEST: City Clerk Date of Publication: Effective Date: 439156v4 BR291-20 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ) SS Charlene Vold being duly sworn on an oath, states or affirms that they are the Authorized Agent of the newspaper(s) known as: SP Brooklyn Ctr/Brooklyn Park and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B)This Public Notice was printed and pub- lished in said newspaper(s) for 1 succes- sive issues; the first insertion being on 04/03/2014 and the last insertion being on 04/03/2014. na4/4N-t-- (A Notary Public ife "tAh nOyeuAAAAAAAAANVOAAAMAAMINAMADARLENE MARIE MACPHERSON Notary Public-Minnesota My Commission Expires Jan 31, 2019 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 196242 City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 28th day of April, 2014, at 7:00 p.m. or as soon thereafter as the mat- ter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Related to the Sale of Tobacco Related Products in the City. • Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569- 3300 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATED TO THE SALE OF TOBACCO RELATED PRODUCTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Sections 23-101 through 23- 109, are repealed. Article II. Brooklyn Center City Code is amended by adding new sections 23-101 through 23-108 as follows: Section 23-101. LICENSE RE- QUIRED No person shall directly or indi- rectly or by means of any device keep for retail sale, sell at retail, or otherwise dispense any tobacco related product at any place in the city of Brooklyn Center unless a li- cense therefor shall first have been obtained as provided in Sections 23-101 through 23-108. Section 23-102. DEFINITIONS Except as may otherwise be pro- vided or clearly implied by context, all terrns shall be given their com- monly accepted definitions. For the purpose of Sections 23-101 through 23-108, the following definitions shall apply unless the context clear- ly indicates or requires a different meaning: 1."Cigar" means any roll of to- bacco that is wrapped in tobacco leaf or in any substance containing tobacco, with or without a tip or mouthpiece, that is not a cigarette as defined in Minnesota Statutes, section 297F.01, subdivision 3, as amended from time to time. 2."Compliance checks" means the system the City uses to inves- tigate and ensure that those au- thorized to sell tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery de- vices are following and complying with the requirements of Sections 23-101 through 23-108. Compli- ance checks shall involve the use of minors as authorized by Sections 23-101 through 23-108. Compli- ance checks shall also mean the use of minors who attempt to pur- chase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices for edu- cational, research and training pur- poses as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco prod- ucts, tobacco-related devices, and nicotine or lobelia delivery devices. 3. "Electronic delivery device" shall mean a product containing or delivering nicotine, lobelia, or any other substance intended for hu- man consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of the vapor from the product. Electronic delivery devices shall include any component part of such a prod- uct whether or not sold separately. Electronic delivery devices shall not include any product that had been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose. 4."Individually packaged" means the practice of selling any tobacco or tobacco product wrapped individu- ally for sale. Individually-wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single cigars, single bags or cans of loose tobacco in any form, and single cans or other pack- aging of snuff or chewing tobacco. Cartons or other packaging contain- ing more than a single pack or other container as described in this defi- nition shall not be considered indi- vidually packaged. 5."Indoor area" means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the pe- rimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. 6."Loosies" means the com- mon term used to refer to a single or individually-packaged cigarette or any other tobacco product that has been removed from its pack- aging and sold individually. The term loosies does not include an individual premium cigar, as de- fined in Minnesota Statutes, sec- tion 297F.01, subdivision 13a, and as amended from time to time, that can be sold by a licensed retailer as a single cigar to the extent permit- ted by all applicable state and fed- eral laws. 7."Minor" means any natural person who has not yet reached the age of 18 years. 8."Moveable place of business" means any form of business oper- ated out of a truck, van, automobile or other type of vehicle or transport- able shelter and not a fixed-address storefront or other permanent type of structure authorized for sales transactions. 9."Retail establishment" means any place of business where to- bacco, tobacco products, tobacco- related devices, or nicotine or lo- belia delivery devices are available for sale to the general public. The phrase shall include, but not be lim- ited to, grocery stores, convenience stores, restaurants, and drug stores. 10."Sale" means any transfer of goods for money, trade, barter or other consideration. 11."Self-service merchandising" means open displays of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia de- livery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the customer and the licensee or employee. Self-service sales are interpreted as being any sale where there is not an actual physical ex- change of the product between the clerk and the customer. 12."Smoking" shall mean the in- haling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or tobacco product, or in- haling or exhaling vapor from any electronic delivery device. Smoking shall include carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhala- tion. 13."Tobacco or tobacco prod- ucts" means and includes ciga- rettes and any product containing, made, or derived from tobacco that is intended for human consump- tion, whether chewed, smoked, ab- sorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; caven- dish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of to- bacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been ap- proved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. 14.'Tobacco-related devices" means and includes any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner that enables the chewing, sniffing or smoking of tobacco or to- bacco products including electronic delivery devices. 15."Vending machine" means any mechanical, electric or electron- ic, or other type of device that dis- penses tobacco, tobacco products or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco-related device. Section 23-103. LICENSE RE- QUIRED 1.Generally. No person may di- rectly or indirectly or by means of any device keep for retail sale, sell at retail, offer to sell or otherwise dispose of any tobacco, tobacco products, tobacco-related devices, or electronic delivery device at any place in the city unless a license has first been issued by the City as pro- vided in this section. 2.Application. An application for By: CIA-R Xtbk-LVO Authorized Agent Subscribed and sworn to or affirmed before me on 04/03/2014. a license to sell tobacco, tobacco products, tobacco-related devices, and electronic delivery devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses, and telephone numbers, the name of the business for which the license is sought, and any ad- ditional information the City deems necessary. 3.Action. Upon receipt of a com- pleted application, the City Clerk shall forward the application to the police department for investiga- tion. The police department shall conduct an investigation of the ap- plicant and application regarding the fitness of the applicant to hold a license pursuant to the standards set forth in sections 23-101 through 23-108, and report the results of its investigation to the City Clerk within 30 days of receipt of the applica- tion. The City Clerk shall forward the application for consideration by the City Council. 4.Fees. No application for a license under sections 23-101 through 23-108 shall be accepted until the appropriate license or in- vestigation fee is paid in full. The fee(s) shall be established by the City Council by resolution from time to time. 5.Sanctions for violation. Shall be set by the City Council at pen- alty phase not to be less than state mandated guidelines. 6.Transfers. All licenses issued under sections 23-101 through 23-108 shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. 7.Moveable place of business. No license shall be issued to a moveable place of business. Only fixed-location businesses shall be eligible to be licensed under sec- tions 23-101 through 23-108. 8.Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. 9. Renewals. Every such license shall expire on December 31 next after its issuance. A fee for the re- newal of any license issued under sections 23-101 through 23-108 shall be paid to the City Clerk with the renewal application. Applica- tions for renewal must be submitted by November 30 of the year prior to the license year. Section 23-104. RESTRICTIONS The following shall be grounds for denying the issuance of or re- newal of a license under sections 23-101 through 23-108; if a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section: 1.The applicant is under the age of 18 years of age; 2.The applicant has been con- victed within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco products, or tobacco-related de- vices. 3. The applicant has had a li- cense to sell tobacco, tobacco products, or tobacco-related devic- es revoked within the preceding 12. _ months of the date of application. 4.The applicant fails to provide any information required on the ap- plication, or provides false or mis- leading information. 5.The applicant is prohibited by federal, state, or other local law, or- dinance, or other regulation, from holding such a license. 6.Nonpayment by the property owner and/or applicant of any fees or charges owed to the City and/or county, including, but not limited to, utilities and property taxes. 7.If a license is mistakenly is- sued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under sections 23-101 through 23-108. Section 23-105. PROHIBITED SALES 1. It shall be a violation of sec- tions 23-101 through 23-108 for any person to sell or offer to sell any tobacco, tobacco product, or tobacco-related device: a.To a minor; b.By a vending machine; c.By self-service; d.As loosies; e.If the tobacco or tobacco products contain opium, morphine, jimsonweed, belladonna, strychnos, cocaine, marijuana, or other de- lirious, hallucinogenic, toxic, or con- trolled substances except nicotine and other substances found natu- rally in tobacco or added as part of an otherwise lawful manufacturing process; or f.To any other person, in any other manner or form prohibited by federal or state law or regulation, or by local ordinance. 2. It shall be a violation of Sec- tions 23-101 through 23-108 for any retail establishment to sell, offer for sale, or distribute a single cigar un- less the cigar is sold In an original package of at least five cigars, pro- vided that: a.This restriction shall not apply to any sale, offer to sell, or distribu- tion of a single cigar that has a retail sales price of no less than $2.10 be- fore sales tax. b.Cigars to which price promo- tions or discounts apply shall not be excluded from this restriction. SECTION 23-106. SMOKING PROHIBITED Smoking shall not be permitted in, and no person shall smoke in, any licensed premises. Section 23-107. COMPLIANCE CHECKS AND INSPECTIONS All licensed premises shall be open to inspection by the City po- lice or other authorized City official during regular business hours. From time to time, but at least once per year, the City shall conduct compli- ance checks by engaging with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years to enter the licensed premise to at- tempt to purchase tobacco, to- bacco products or tobacco-related devices. Minors used for the pur- pose of compliance checks shall be supervised by City designated law enforcement officers or other designated City personnel. Minors used for compliance checks shall not be guilty of unlawful posses- sion of tobacco, tobacco products or tobacco-related devices when those items are obtained as a part of the compliance check. No minor Mayor used in compliance checks shall at- ATTEST: tempt to use a false identification misrepresenting the minor's age, City Clerk and all minors lawfully engaged in Date of Publication: a compliance check shall answer Effective Date: all questions about the minor's age asked by the licensee or his or her 4/3/14, 3SP1, Tobacco employee and shall produce any Sales PHN, 196242 identification, if any exists, for which he or she is asked. Section 23-108. VIOLATION AND PENALTY 1.Misdemeanor prosecution. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of Sections 23-101 through 23-108. 2.Administrative penalties. a)Licensees. Administrative Penalties: Licensees. If a licensee or employee of a licensee sells to- bacco to a person under the age of 18 years, or violates any other provi- sion of Sections 23-101 through 23- 109, the licensee shall be charged an administrative penalty of $100. An administrative penalty of $200 shall be imposed for a second viola- tion at the same location within 24 months after the initial violation. For a third violation at the same loca- tion within 24 months after the initial violation, an administrative penalty of $250 shall be imposed, and the licensee's authority to sell tobacco at that location shall be suspended for not less than seven days. b)Other individuals. Other indi- viduals, other than minors regulated by sections 23-101 through 23-108, found to be in violation of sections 23-101 through 23-108 shall be charged an administrative fine of $50.00. c)Minors. Minors found in unlaw- ful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, tobac- co-related devices, or nicotine or lo- belia delivery devices, shall be sub- ject to an administrative fine, or may be subject to tobacco-related edu- cation classes, diversion programs, community services, or another penalty that the City believes will be appropriate and effective. The administrative fine or other penalty shall be established by City Council ordinance upon the City Council's consultation with interested parties of the courts, educators, parents and children to determine an ap- propriate penalty for minors in the city. This administrative fine or other penalty may also be established from time to time by the ordinance or resolution establishing fees and charges, as it may be amended from time to time. d)Statutory penalties. If the ad- ministrative penalties authorized to be imposed by Minn. Stats. § 461.12, as it may be amended from time to time, differ from those es- tablished in this section, then the more severe penalty shall prevail. Article III. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 2014. AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION April 28, 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.Water Treatment Plant — Funding and Rate Study 2.Water Treatment Plant Tour Feedback 3. Opportunity to Acquire the "Blind Installation and Repair, Inc." Property Located at 902 — 53 rd Avenue N 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 Parking Lot Issues 1. Joint Meeting with Charter Commission Work Sesskall Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: April 23, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer .54 SUBJECT: Water Treatment Plant — Funding and Rate Study Recommendation: It is recommended that the City Council consider providing direction to staff regarding the funding of the water treatment plant project and possible Water Utility Fund rate adjustments. Background: On September 23, 2013, the Brooklyn Center City Council approved a resolution establishing the improvement project, accepting the feasibility report, ordering the improvement project and authorizing preparation of plans and specifications for the Water Treatment Plant Improvements Project No. 2014-05. On January 27, 2014, the Council approved a resolution authorizing a loan application to the Minnesota Public Facilities Authority (PFA) for the project in the amount of $18,254,000. The loan application was submitted on March 27, 2014, to the PFA. While the City is not definitively committed to this loan, preparing and submitting this application was necessary if the City decides to go this route due to certain loan deadlines, understanding that the City would subsequently evaluate and determine the specific funding for the project. In January 2014, the City hired Springsted Incorporated to perfotm a rate study pertaining to the City's Water Utility Fund, taking the 15-yr Capital Improvement Plan into consideration including the new water treatment plant project. Additionally, Springsted was tasked with evaluating funding options for the water treatment plant including the PFA loan option. Springsted worked extensively with City staff in evaluating and preparing the Water Rate Study dated April 4, 2014 (report previously provided at April 14, 2014 City Council meeting). Also included is a memo dated April 17, 2014, from the City's Finance Director providing information pertaining to the City's debt levels and impacts of potential new debt issues. A presentation will be provided to summarize the details and findings of the report. As outlined in the report, Springsted and City staff recommend for your consideration the follow key findings: 1.Pursue the loan from the Minnesota Public Facilities Authority for the water treatment plant project in the amount of $18,254,000. The PFA loan provides below market interest rates, which results in lower costs than other loan/bonding options. 2.Issue debt for some of the larger water utility CIP projects. There are other water utility CIP funding shortfalls that exist in the estimated amount of $10,605,000 beyond the PFA loan funding needed for the water treatment plant. General Obligation Water Revenue Bonds are recommended to be used for this funding. 3. Increase Water Utility Fund rates. Four scenarios of rate increases to generate revenues are presented in the report. The recommended option is Scenario 3, which consists of an annual rate increase of 22% the first two years, 20% the third year, and 2.5% years four Mission: Ensuring an attractive, clean, safe, inclusive conimunity that enhances the quality of left' .for all people and preserves the public Min' MEMO NDUM - COUNCIL WO SESSION through ten. Under this scenario of user rate increases, expected revenues balance the needed annual cash flows while minimizing the user rate increase. Beyond the funding and loan determination and approval, the next steps of the project include: approve plans and specifications, authorize/award bid and begin construction. Construction is expected to commence by mid-summer 2014. Policy Issues: Does the City Council desire to use the Minnesota Public Facilities Authority Loan for financing of the water treatment plant project? Does the City Council support issuing debt for certain water utility CIP projects using General Obligation Water Revenue Bonds? Does the City Council support adopting Water Utility Fund rate increases as outlined under Scenario 3 to generate revenue to pay for the 15 year CIP water system improvement projects? Strategic Priorities: 0 Financial Stability _ Mission: Ensuring an attractive, clean, .safe, inclusive community that enhances the quality of life for people and preserves the public tmst Cily of Brooklyn Center Memorandum TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Ditector DATE: April 17, 2014 SUBJECT: City Debt Information In response to City Council Member Ryan's request am providing more information regarding the City's debt levels and impacts of potential new debt issues to fund the water treatment plant and future water utility capital projects. In a recent water utility rate .study, prepared by Springsted Incorporated, a recommendation was provided to fund construction of the $18.2 million water treatment plant and an additional $10.6 million in capital projects with debt financing. According to the study, debt issues along with rate increases would provide sufficient funding for the water utility through 2028. Credit Rating Standard & Poors reviewed the City's credit rating on November 22, 2013 and reaffinned the City's "AA" Credit Rating. The rating reflected their assessment of the following factors of the City (I have attached the credit rating report and encourage you to review their analysis): •Weak economy, that benefits from participation in the broad and diverse economy of the Minneapolis-St Patil-Bloomington metropolitan statistical area; •Very strong budgetary flexibility, with 2012 audited reserves at 74% of general fund expenditures; •Strong budgetary performance, including projections of better-than-break-even general fund operations in fiscal 2013 and brealc-even or slight use of reserves fir fiscal 2014; •Very strong liquidity providing very strong cash levels to cover both debt service and expenditures; •Very strong management with strong financial practices; and •Adequate debt and contingent liabilities position, with rapid amortization. Statutory Debt Limit State- statutes limit the amount of :general obligation debt a Minnesota city may issue to 3% of total Estimated Market Value. The current debt- limitation for the City is $40,452,162.- All of the City's debt issues have pledged revenue 'sources other than property tax revenue .; therefore none of the City's net outstanding . debt is counted against the statutory limitation. Ratio Analysis The following captures debt ratios from the City that give some additional information for trend peer group analysis. We have compiled a peer group average derived from information available from the Office of the State Auditor for cities of the 2"d class (population 20,000 to 100,000). Debt-to-Assets Leverage Ratio (Solvency Rallo) The debt-to-assets leverage ratio is a comparison of a city's total liabilities to its total assets or the percentage oftotal assets that are provided by creditors. It indicates the degree to which the City's assets are financed through borrowings and other long-term obligations (i.e. a ratio of 0.50 would indicate half of the assets are financed with outstanding debt), 2007 2008 2009 2010 2011 L2012li'1 2013 - 22,24°7 20,50V:18195%-1-6.5-1%1 -1 -5-.04%21.41%LliiPP.151-3;-6nter7—22.17% Peer Group 23%23%22%23%19%22%n/a Debt Service Coverage Ratio The. debt °Overage tali() is a COMpariseni of Cash generated by operations to -total debt service. payments (principal and interest) of enterprise funds. This ratio indicates if thereare sufficient cash flows from operations to meet debt service obligations. Except in cases•whore other non- operating revenues, (i.e. taxes, assessments, transfers from other funds, etc.) are used to fund debt serVice payments, an acceptable ratio would be above 100N. Broblil n Center 2007 * 2008 2009 ' 2,010 2011 2012 2013 i **'592,11%957.49%888.07% Peer Group 247%218%320%136%138%172%n/a, *The City did not have enterprise debt in these years Bonded Debt per - Capita (Funding Ratio) This dollar ameutit is 'arrived at by dividing the total bonded debt by thepopulation of the city and represents the amount of bonded debt obligation for each citizen of the. city at the end of the year. The higher the amount, the more resources are needed in the 'future to retire these .obligations through taxes, assessments, or user fees. 2007 [ 2008 rio-0-9.----20102011 2012—12013]-----_ _Brooklyn Center $911 .$973_ [_$852 _$777 [ $681 $594 $861 Peer Group $1,485 $1,464 $1,426$1,378 $1,181 $1,362lila _I Forecasted Outstanding Debt Based on the information provided in the Springsted water rate study, current and anticipated debt of City .i8:isurafitatind..4 follows BEGINNING DEBT ISSUED PAID ENDING DEBT DEBT PER CAPITA 2614 'S 26,330000 $'- $ (2,045,000)-$ 24,285,000 794. • 2015 .24;285,000..... . .. ..*185254,000 (3,165,600)39,374,000 1,280 2016 39,374,000 '2,599;021 (3;777,700)38:195,321 .1;249- 2017 38,195,321 3,330,414 (3,312,700)37,763,035.1,235 2013 37,763,035 . - • (4,082,602)33,680,433 1,102 2019 33,680433 .2,075,575 (4,400,644)31,355,364 1,026 2020 •31,355,364 -- (4,340,644)27,014,721 834 . 2021 . 27,014,121 - (4,553,201).2240 ;520 73 2022 '22,461,520 - (4,623.,201)17,838,319 5.84 2023 17,833,319 - (2,113,201)15,725,116 514 2024 .. 2025 15,725,118 13,60.6,917 - (2,118,201) 2,550,0.12 (1,008,201) 13,606017 14,248;728 445 .466 •2026 14,248,728 (1,718,201)12,530,527 410 2027 •12,530,527 (1,073,202)10,557,-325 345 2028 10,557,325 (1,713,300)8,844,025 289 2029 0,844,025 (1,375,259)7,468,766 244 - 2030 7,468,766 (1,375,259)6,093,507 199 2031 6,093,507 (1,167,70.1)4,925;806 161 2032 4,925,806 (1,167,701)3,758,105 123 2033 .. : .3,758,105 (1067,701)2,590;404 85 2034 2,590,404 (1,167,701)1,422,702 47 * 2035 1,422,702 (1,167,701)255,001 8 2036 255,001 (255,001)(0)(0) The City's highest level of debt outstanding (approximately $39.4 million) will occur following the issuance of debt for th0 wafer treatment plant, Using Brooklyn Center's cuirent population estimate the City's debt per capita woad be $1,288 whichwould continue to be below the pea group average of $1,362, Debt Service Payments (Combined Principal and Interest) On the following two pages I have included schedules of the combined debt service payments (principal and interest) for the City's current debt and anticipated new debt issues. The City's existing &lit will be fully retired by 2025.. Debt service payments are funded from revenue sources that included special assessments, property taxes, tax incrementS and utility revenues. +- CO CO CD CO 'cr 00 LC) CO 0 LOCO'cr ,cr'COOCOO(.0(00'tCO •e- N co -st .0 co co_•10- L.6 CO co a) c..1 co 10(0 00 szt•N .•ct CO '1 0 0) 1(01)• CD CO CO 74' CO .o) "4.—to cO* co .c0 co. co N LO 010 .0 CO03 co CO LC) tn.a) a) 0 .0 CO N N-4. co 'co. co -co. co Co co N .: "4- ca uo c.6 0- aio a) a)N ▪ NNNC\INNNNNv - V"' lft ' CY) 0 CO 0 0 '1,0 1(3•10 - CO 010 N NCO tO CO 'cr CO_ 00 02- a; N. aTis (O.o N CO CO co "t'CC) CO. CO CO CO CO CO CO •1cf CO CO CO00 1"c11 (.0 CON- co to 0) CO CO N• ODLO "cr 'cr CO N CO tco co co co co co co CO a)"ct co CO (0 (0(0CO CO co coto d- to o co "cr LO 'cr CO 0)- 16 LO- C‘i 0-N CO CO N IN• -cr. Cr)N N c\I CO -**;:q1612-'-•1*,;V..1.-c z-MgreMR67,;,1 co to io 0 o 10 010 10 1(3NNNocoLnt'--ONNNOtt) N cv CO CO 03 0) 0) (C) :N - C5 CC 1.:1: C6 N .-- CO- CO- q. 050) 'c:r CO N 00) 03 (.0 to N 0) (0 (r) 10 tO tr) N N CO 0) LO LO LO CO 0CO ''cr 1d1 N- 0If Lo cp co ▪ -0)03NNNNN CO co cc) 010co 0 -4- COa) 0? N •:"*"47-co -a- co co CO co' coN03(0 a) a) CO 'ca- Lo N-03 CI) CD N CO "s1' (9 N CO 0) 0 '17 N co .cr 10 (0 N-7 N N NNN'N N N CO N CO (0 co Co co co co00000000000000000000000NNNNNNC\INC\INNNNNNNNNNNNNN 0 X P tklo L.6st • cD CO N 0 0co - • N0N-cf) CITY OF BROOKLYN CENTER DEBT SERVICE SCHEDULE PROJECTED COMBINED PRINCIPAL 8, INTEREST PAYMENTS - BASED ON WATER UTILITY RATE STUDY Payment Year Current Anticipated Debt Issues Utility Reyehuet TOTALTOTAL 60100 60100 $18,254,000 $2,599,021 PFA Note 0.0, Rev 20xx 2016 60100 $3,386,414 0.0, Rev 2017 60100 $2975,575 G.O. Rev .2019 60100 $2,550,012 0,C). IRO 2025 2014 $ 2,925,381 $ - $$$$$ 2,925,381 2015 4065,146 186,905 4,202,051 2016 3949,548 1,175,695 4,826,212 2017 3563,280 / 1,165,974 51,980 -4,781,235 2018 3,449403 1,152,284 358,665 67,608 5,027959 2019 3;302,834 1,108,593 348,269466,497 5,256,193 2020 3,118,70Q 1,124,903 337,873 452,975 41,512 5,073,902 2021 3,015,160 1,111,212 327,477439,454286,429 5,179,732 2022 2,993,465 1,097,522 311,081 425,932 278,127 5,112,127 2023 428,003 1083,831 306684 412,411 2.69,825 2500,753 2024 417,540 1,070,141 256,288 398,889 261,622 2,444,380 2025 194,845 1,056,450 285,892 385,367 253,220 -2,175,775 2026 1,042,700 275,496 071,846 244,918 51,000 1986,020 2027 1,029,069 265,100 358,024 236,619 351902 2,241,010 2028 1,015,379 344,802 228,313341,702 1,930,196 2029 1,001,688 220,011 331,502 1,553,201 2030 987 998 211,709321,302 1,521,008 2031 974,307 311,101 1,285,409 2032 960,617 300,901 1,261,519 2033 946,926 290,701 1,237,628 2034 930,236 290,501 1,213,737 2035 919,545 270,301 1,189,847 2036 260,101 290,101 $ 31,118,304 $ 21,129,005 $ 3,170,806 •$4,124,105 $ 2,532,202 $ 3,111,015 $ 65,185,435 TANDARD POO R'SRATINOS SERVICESmcGRAVJ HILL FINANCIAL Smamary: Brooklyn Center, Minnesota; General Obligation Primary Credit Analyst: :Steffanie A Dyer, Chicago (1) 312-233a7007; steffanie.dyet@standardandpoors.com Secondary Contact: .Jennifer Boyd, Chicago (1) 312-23377040; jennifer,hoydd§tandardandpbors.com Table Of Contents Rationale. Outlook Related Criteria Arid Research WWW.STANDARDANDPOORS.COIVURATINGSDIRECT NOVEMBER 22, 2013 i 1220797 I 300102162 Summary: Brooklyn Center, Minnesota; General Obligation • - U.S$0'.09 mil taxable GC) tax Mere binds -ser 2013A due 02101/2022 Long Term Rating US$4.92 mil GO imp bnds ser 2013B due 02/01/2024 Long Tenn Rating Brooklyn Ctr GO Long Term Rating AA/Stable AA/Stable AA/Stable New New Affirmed Rationale Standard & Poor's Ratings Services assigned its 'AA' long-term rating to Brooklyn Center, Minn.'s series 2013A taxable general obligation (GO) tax-increment bonds arid series 2013B GO improvement bonds. At the same time we affirmed our 'AA' long-term rating on the city's 'series 2010A GO utility revenue bonds based on ant - recently released kcal GO criteria. The outlook is stable. Brooklyn Center's unlimited-tax GO pledge secures both series of bonds. However, the city intends to pay debt service •on the series 2013A bonds with tax-increment revenues and on the series 2013B bonds partially with special assessment revenues. The series 2013A bond proceeds will provide the funds to purchase land for redevelopment while the series 201313 bond proceeds will fund street projects. The ratings reflect our asseSSmerit of the following factors for the City:' •Weak economy, that benefits from participation in the -broad and diverse economy of the Minneapolis.St. Paul-Bloomington metropolitan statistical area (MSA); •Very :Strong budgetary flexibility, With 2012 audited available reserves at 74% of general fund expenditures; •Strong budgetary performance, including projections of better-than-break-even general fund operations in fiscal 2013 and break-eVen or a Slight use of re:serves in fiscal 2614; •Very -strong liquidity providing very strong cash levels to cover both debt service and expenditures; •Very strong management With Strong financial practices; and •Adequate debt and contingent liabilities position, with rapid amortization. Weak economy We .consider Brooklyn Center's economy weak, althoUgh it benefits from access to the broad and diverse economy of' the 'Minneapolis-St. Paul-Bloomington MSA, Brooklyn Center is just north of Minneapolis. The cityhaS projected per-capita effective buying income of 78% of the U.S. Per-capita market value (based on economic market value) for the oity was $49,826 for pay 2013. The city's local economy continues to experience redevelopment. Its net 'tax capacity decreased by 7% in .2013 compared to the previous year, but management projects thatthe values are leveling off. WWW.STANDAADANDPOORS.COIVI/RATINGSDIRECT 116VEIVIBER.22, 2013 2 1220707 I 3001021 62 Summary: Brooklyn Center, Minnesota; General Obligation Very strong budgetary flexibility In our opinion, Brooklyn Center's budgetary flexibility remains very strong, with reserves above 30% of expenditures that are also projected to remain well above that level. For audited fiscal 2012, available reserves (general fund. ancl liquor fund-cash and cash equivalents) Were $12.6 Million, or 74% of adjusted expenditures. The general fund expenditures were adjusted to include routine transfers from the general fund. BroOldyn Center iS projecting an increase in reserves in fiscal 2013 and balanced operations in fiscal 2014 before spending on capital projects, Strong budgetary performance The city's budgetary performance has been strong overall, in our view, with a surplus Of 5,4% for the general fund and 0.4% in its total governmental funds in fiscal 2012. The city is projecting general fund operations in fiscal 2013 exceeding fiscal 2012 results and a balanced budget for fiscal 2014 before capital spending. Our calculations for fiscal 2012 performance include tranSfers between the enterprise funds and total governmental funds. Very strong liqUidity Supporting Brooklyn Center's finances is liquidity we consider very strong, with total government . available cash at 134% of total governmental funds adjusted expenditures and 1,028% of debt service. Available cash exCludes investments maturing greater than One year, We believe the city has strong access to external liquidity. The city has issued GO debt .a number of times over the past 20 years. Very strong management conditions We view the city's management conditions as very strong, with strong financial practices. Key practices include regular reporting to the city council on budget performance and investments. The city performs multiyear capital planning. The fund balance policy calls for an unassigned general fund balance of between 50%-52% of the next year's operating budget; The city alSo has a formal debt mariagernent policy. It produces a two year budget, although the council only formally adopts-the upcoming budget year. Adequate debt and contingent liability profile In our opinion, Brooklyn Center's debt and contingent liability profile is adequate, with total governmental funds debt service at 13% of total governmental funds adjusted expenditures, and with net direct debt at 99% of total governmental funds adjusted revenue, The city's direct debt amortization is rapid, with 98% retired over 10 year8. We understand the city might isstie around $20 million in GO debt in the next two years for street projects and a new water treatment plan. Utility revenues are the anticipated source of payment for approximately $18 million of the $20 million anticipated GO debt, The defined-benefit plans administered by the Mirinesota Public Employees' Retirement Association (PERA) coverall full-time and certain part-time-city -employees: PERA administers the General Employees' Retirement Fund (GERF) and the Public Einployees' Police- 8z Fire Fund (PEPFF), cost-sharing, multiple-employer retirement plariS. Infiscal 2012, city contributions to.GERF and 'PEPFF totaled $1 million, equal to the required 'contributions as set by state statutes. Volunteer firefighters are covered by the Brooklyn Center Fire Department Relief Association, The city -contributed $55-,521 in fiscal 2012. that, when added to the state's contribution, brought the funded ratio to 101.5%. The city pays for health care premiums of certain retirees where other retirees can participate in its health insurance plan by paying the entire premium gest themselves. The city funds its other postemployrnent benefit (OPEB) obligation a pay-as-you-go basis, contributing $159,375 in fiscal 2012 or 67,6% of its anntial OPEB cost, The City, however, set WWW,STANDARDANDPOORS,COM/RATINGSDIFtECT NOVEMBER 22, 2013 3 1220797 I 300192162 Summary:13rooklyn.Cetiter,,Minnesota; General Obligation aside funds for its .OPEB payments in a separate fund that held $1 million of cash and cash equivalents.in fiscal 2012. The combined,penSiOn and OPEB payrrients in fiscal 2012 were $1.3 million or 43% of total governmental funds adjusted expenditures, Strong Institutional framework We consider tho institutional framework score fOrMinnesota cities with populations greater than 2,500 as Strong, (See the Institutional Framework score for Minnesota.) Outlook The stable outlook reflects Standard & Poor's expectation that Brooldyn Center will maintain its very strong budgetary flexibility, liquidity, and management, As such, we do not anticipate changing the rating during the two-year time frame of the outlook. The outlook also incorporates the city's participation in the broad and diverse Minneapolis-St. Paul metropolitan area economy, Related Criteria And Research Related Criteria •LISPF Criteria: Local Government GO Ratings Methodology 'Paid Assumption& Sept, 12 2013 Related Res e era). e S&P Publid Finance Local GO Criteria: How We Adjust Data For Analytic Consistency, Sept. 12, 2013 •InstitutiOnal Framework Overview: Minnesota Lem] Governments Complete ratings information is available to subscribers of RatirigsDirect awww.globalcreditpotta1.corfl. All ratings affected by this rating action can be found on Standard & Poor's public Web site at www.standardandpoors:com. Use the Ratings. search box located in the left column. WWW.STANDARDANDPOORS;COVI/RATINGSDIRECT NOVEJVTBER.22, 2013 4 120797 I 300192162 Copyright () 2013 by Standard & Poor's FinanCial Services LLC. All rights reserved. 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Additional information abotit our ratings fees is available at www.standarciandpoors.comivaratingsfees. WWW,STANDATIDANDPOORS;CPWRATING-SDIRECT NOVEMBER 22, 2043 5 1220797 1.300192102 Work Sessi©n Agenda Item No. 2 MEMO NDUM - COUNCIL WO SESSION DATE: April 23, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer cgy SUBJECT: Water Treatment Plant Tour Feedback Recommendation: It is recommended that the City Council provide feedback to staff regarding the City of Andover's water treatment plant tour. Background: On March 12, 2014, the Brooklyn Center City Council toured the City of Andover's water treatment plant as part of a component of the preliminary design of Brooklyn Center's water treatment plant. Andover's plant was chosen as it is similar in concept layout and treatment processes that are planned to be used in Brooklyn Center's plant. The tour focused on introducing the key components of the water treatment plant and demonstrating the different elements in the plant that are used to control, filter and treat the water. During the tour, it was demonstrated how the raw water enters into the plant, flows through the different plant components, then eventually is pumped into the distribution system and to the water towers that provide drinking water to the community. The goal of the tour was to help the Council understand the basics of a water treatment plant that will be used to help establish and determine certain design criteria for Brooklyn Center's plant. The technical components of the plant have been established and are currently being designed by the engineers. However, other elements (e.g. building architecture, rooms, layout of the rooms, interior design, garage, etc.) can vary greatly. Attached are a preliminary draft of the site plan and building layout including several architectural building elevation renderings. Based on observations from the Andover plant and the attached exhibits, staff desires to gauge the Council's support pertaining to direction of these "other elements" for Brooklyn Center's water treatment plant design. Policy Issues: Does the City Council support the general design elements of the water treatment plant as depicted in the attached exhibits? 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 LEGEND B612 CONCRETE CURB & GUTTER - B612 CONCRETE CURB & GUTTER (GUTTER OUT) = BITUMINOUS PAVEMENT = CONCRETE WALK/PAVEMENT THICKENED EDGE CONCRETE WALK = TRUNCATED DOMES = RETAINING WALL = 6 CHAIN LINK FENCE = 6' METAL RAIL FENCE WITH PILLARS = DECORATIVE FENCE PILLAR LOCATION = 6' WIDE GATE =FILTRATION/RAIN GARDEN AREA CD =RAIN GARDEN APPROXIMATE BOTTOM FOOTPRINT-* 0 = TREES '0 no , 0 + 0.1 STORAC eiARAGE •MECH. ROOM FILTER 6 FILTER PIPE GALLERY FILTER BACKWASH TANKS (TOP ELEV -3' ABOVE GRADE) I UREA._R OOM FILTER S FILTER 2=TREE PRESERVATION AREAV ,••••■■■111. FILTERFILTER so so 0 co o ATRIUM AIR COMP. HO DOD O 000000 PUMP ROOM o ° 1.51YIG REIERVCIIR ° (TOP ELEV -I' ABOVE GRADE) D O 000000 0 O OD 0000000 06-1;o-I— — I it (Dolton a Menk, Inn. 2014, All Rights Reserved \ °RCN \ N21107570 \ C3A107570_202_Councildwg 4/13/14 327 prn E3 L.1- CD NJ fSt '1N4k, IN1. Consulting Engineers & Surveyors l444KATO, 1111 FAMOHT, 1511 SLEEP( EYE, IIN B)RNS-MLLE. NIS KUM, 1,111 CISeSIA. 544 PAVSE(, 5111 WALMIXO, 141 PASTD1, 1514 R001MTM. 514 AVM, IA S=ENCMn, 54 Fr= BROOKLYN CENTER, MINNESOTA WATER TREATMENT FACILMES SITE LAYOUT FIGURE 1 -_---11191eiressim ' -1--------1VMS . ---- ' -L__L,,- _.- __' _I -L-7-2 • ----1-'---",_-r i:--- 1-- ---r -1 ,------------.17 --,-- ---i"-- -1 - --a'--:------- '..---1._____L,M-5---17 ■ -------T ----F--- -; —7 _, -1 - --;-1 ----j ---1- -1 -i - ' -1 - ( Wor i Session Agenda Item No. 3 ( MEMORAND M - COUNCIL WORK SESSION DATE: April 28, 2014 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development Tim Benetti, Planning and Zoning Specialist SUBJECT: Discuss Opportunity to Acquire the "Blind Installation and Repair, Inc." Property Located at 902 - 53 rd Avenue North Recommendation: It is recommended that the City Council consider providing direction to planning staff regarding the opportunity to acquire the "Blind Installation and Repair, Inc." property, located at 902 — 53"d Avenue North. Background: The property is owned by JAMD Properties, LLC. This property is generally located at the northwest corner of 53 rd Avenue North and Bryant Avenue, and is dimensioned at 60' x 126' (7,560-sf.). The 30' x 50' (1,500 sf.) single floor commercial-style building was constructed in 1930, with a basement of equal size. The property contains a small 12' x 20' detached garage to the rear, and a small parking/loading area in the rear and side yards. The site supports 6 to 8 off- street parking spaces. The property is situated in the R2 (Two Family Residence) zoning district; and is guided for "Office/Service" under the city's 2030 Comprehensive Plan. The property was more than likely built as a neighborhood grocer or retail store, very typical of the early urban development patterns in the 1930's and 40's. Throughout the course of its history, and despite the R2 Zoning, the property has been used or remains to be used as a small-scale business operation. In the past three years, the owner has approached city staff on a number of occasions inquiring on the possibility of rezoning the property from R2 to Cl (Service/Office) or C2 (Commerce); expanding the business site into the adjacent residential properties; or permit the expansion of the detached garage, parking area and other. Staff has also fielded a number of inquiries from the general public in buying this site and and converting it to another use; usually one that would be considered higher intensity in use than the blind installation business. Due to the non-conforming status of this property, staff informed the owner (and general public) that the rezoning or expansion would not be supported by city staff, and would likely fail at the Planning Commission and/or City Council levels. No action to rezone or expand this site has ever been taken or pursued by the property owner. The Hennepin County assessor valuation indicates the property valued at $187,000, with real estate taxes (2014) at $7,282.42 per annum. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION City staff was recently informed by means of a real estate listing notice of the subject property's offering for sale to the general public, which is listed for $145,000 (see attached listing). County records show the property was sold in August 2002 for $150,000; and for $172,500 in April 2003. Staff anticipates that if this site sells to another party, we may experience a continued and similar requests to either rezone this site in order to make it more available to other uses, especially ones that may be considered higher intensity than what is seen today; or a continued requests to modify, expand or develop the site within itself or into the neighboring residential properties. If the city were to purchase this property, we would recommend removal of the structures, and offer the land for sale to the general public as a single family residential lot. Even though this property is situated in the R2 zone, pursuant to City Zoning Code Sect. 35-500 — Substandard Lots and Parcels; any lot in the R2 District that does not meet the minimum lot standards (8,750 sf. for single family dwelling and 12,400 sf. for two-family dwelling); and which lot was of record prior to January 1, 1976, can only be developed as a single-family dwelling. We may also consider keeping the lot of another public use or sell to one or both of the abutting single family neighbors. The purchase of this property would be through Tax Increment funds. Policy Issues: Does the EDA support the use of Housing Funds from Tax Increment District No. 3 funds for the potential acquisition of this non-conforming commercial property site? Does the EDA wish to submit an offer of $145,000 to Premier Commercial Properties, Inc. (the listing agent)? The offer would be contingent upon the authorization to use T,I.F. Housing funds to complete the purchase. 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 EMO UN- COUNC L WORK S -1 SS -ON 8 t 11,, 1,Y7 tazt.,:n ;l eo, 14, • r , •- --• -■■•-- ■ Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public bust PHA MilMCOMIVIERLIALPROPERTIES FOR SALE 902 53 rd Ave N Brooklyn Center, MN 1 j INSTALL AT1CM - ATIPAIR,V1 PROPERTY FEATURES o Owner has out-grown their building o Corner of 53n 1 Ave N & Bryant Ave N oApprox 1,581 sq ft (31' x 51') - Lower level basement is unfinished o Lot size — 126' x 60', building was built in 1930 o Maintenance free exterior o 100 amp electrical service, rear lot storage shed o Approximately six parking stalls o Perfect insurance office, accounting/tax office, small salon/barber shop or redevelopment to single family residential SALE PRICE: $145,000 Taxes: $7174.42 (2013) .1r. For More Information Contact: MARTY FISHER PREMIER COMMERCIAL PROPERTIES, INC. 6897 139th Lane NW Ramsey, MN 55303 763.862.2005 www. remiercommercial ro erties.com MIND1,TALLATION AND P !IA itiC! FOR SALE 902 53 rd Ave N Brooklyn Center, MN For More Information Contact: MARTY FISHER PREMIER COMMERCIAL PROPERTIES, INC. 6897 139th Lane NW Ramsey, MN 55303 763.862.2005 v\VA remiercommercial erties.com NEMER COMMERCIAL PROPERTIES :T4.11:17,1-4Nr.; .."-rzir;rtor4•1 1 FOR SALE 902 53 rd Ave N Brooklyn Center, MN DEMOGRAPHICS (2013)1 mile 3 milesS miles Total Population 11,241 112,308 324,972 Total Households 3,978 42,994 129,617 Total Families 2,475 25,669 75,137 Average Household Income $59,227 $58,374 $63,084 For More Information Contact: MARTY FISHER PREMIER COMMERCIAL PROPERTIES, INC. 6897 139th Lane NW Ramsey, MN 55303 763.862.2005 www.premiercommercialproperties.com PREMIER UOMMERCIAL PROPERTIES