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HomeMy WebLinkAbout2014 11-10 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION November 10, 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. 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 November 10, 2014 AGENDA 1.Informal Open Forum with City Council - 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2.Invocation - 7 p.m. 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.October 20, 2014 - Joint Work Session with Financial Commission 2.October 27, 2014 - Study/Work Session 3. October 27, 2014 - Regular Session b. Licenses C. Proposed Public Utility Rates for 2015 —Motion to set public hearing for November 24, 2014. d.Resolution Establishing the Interest Rate for 2015 Special Assessments e.Resolution Establishing 2015 Street and Storm Drainage Special Assessment Rates f. Resolution Accepting Work Performed and Authorizing Final Payment, Project Nos. 2013-01, 02, 03 and 04, Kylawn Park Area Street and Utility Improvements CITY COUNCIL AGENDA -2- November 10, 2014 g. Resolution in Support of the Metro Transit C-Line Arterial Bus Rapid Transit Project 7.Presentations/Proclamations/Recognitions/Donations —None. 8.Public Hearings —None. 9.Planning Commission Items —None. 10.Council Consideration Items a.Consideration of Type IV 6-Month Provisional Rental License for 5508 Fremont Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. b.Transmitting Charter Commission Recommendations to Discuss Provision of City Charter Requested Council Action: —None. 11.Council Report 12.Adjournment Agenda Items Tabled Tobacco Related Products License for Value Foods, 6820 Humboldt Avenue North —This item was tabled at the September 8, 2014, meeting, until the applicant has resolved the court case. 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 JOINT WORK SESSION WITH FINANCIAL COMMISSION OCTOBER 20, 2014 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kris Lawrence-Anderson, and Dan Ryan. Councilmember Carol Kleven and Lin Myszkowski was absent and excused. Also present: City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Work Director/City Engineer Steve Lillehaug, Community Activities, Recreation and Services Director Jim Glasoe, and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commissioners Anna Burke, Steve Landis, Rex Newman, Dan Schueller, and Dean Van Der Werf. City Manager Curt Boganey asked that an additional memo with regards to the Amphitheater Additional Funding be added to the agenda under the Update on Previous Discussion Items. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve this evening's agenda with the above mentioned additional item added. Motion passed unanimously. ENTERPRISE FUNDS Community Activities, Recreation and Services Director Jim Glasoe outlined a PowerPoint providing an overview of the Earle Brown Heritage Center's division mission, staffing levels, key initiatives, annual goals, annual operating goal performance measures, capital improvement fund, and requested budget adjustments. The Earle Brown Heritage Center will be celebrating its 25th Year in 2015 and they will continually highlight this milestone anniversary through 2015 marketing efforts. Community Activities, Recreation and Services Director Glasoe outlined a PowerPoint providing an overview of the Centerbrook Golf Course division mission, department/division description, staffing levels, strategic functions, key initiatives, annual operating goal and performance measures, capital outlay, and budget highlights. The three pieces of equipment to be replaced questioned at an earlier meeting were discussed and it was noted that staff had looked at leasing and purchasing options; however, it was determined that it was more fiscally responsible to purchase than lease the equipment. 10/20/14 -1- DRAFT There was discussion regarding the possibility of renaming this enterprise fund to a special revenue fund and what alternatives the land use could be used for along with what the costs might be associated with converting to another use. Finance Director Nate Reinhardt outlined a PowerPoint providing an overview of the Liquor Operations mission, division description, staffing, budget requests, key initiatives, and performance objectives. There was discussion regarding safety issues at store number one and the staffing levels due to the new Health Care Reform Act. UTILITY FUNDS Public Works Director/City Engineer Steve Lillehaug outlined a PowerPoint providing an overview of the public utilities department mission, strategic functions, staffing, annual goals and strategies, and key initiatives. Finance Director Reinhardt discussed the proposed Public Authorities Loan (PFA) for the new water treatment plant and the cash flow/rate projections along with rate comparisons for the water utility, sanitary sewer utility, storm sewer utility, street light, and recycling funds. It was noted that the increased water rates would not start until the second quarter and materials are being prepared to notify residents of the new rates. The following 2015 proposed rates are as follows: Water Base Charge $8.20 $10.00 $1.80 /quarter (Per Quarter) Consumption le (Per $1.70 $2.07 $0.37 /1,000 gallons gallons) Sanitary Sewer $74.70 $78.45 $3.75 /quarter (Per Quarter) Storm Sewer $14.48 $14.48 No change (Per Quarter) Street Light $655 $6.55 No change (Per Quarter) Recycling Basee $8.94 $9.21 -1$0.27 /quarter (Per Quarte) There was discussion regarding composting and the City of Minneapolis having a pilot program. It was suggested that maybe staff could look into their pilot program. UPDATE ON PREVIOUS DISCUSSION ITEMS City Manager Boganey outlined the responses provided from questions that were raised at the October 6, 2014, Budget Work Session and also informed that staff is recommending additional funding for the Amphitheater. Mr. Boganey also discussed a memorandum from staff outlining possible sources of additional funding for the proposed Amphitheater project. 10/20/14 -2- DRAFT FUTURE BUDGET DISCUSSIONS/CITY COUNCIL MEETINGS Listed with the agenda packet were future budget meetings which included November 3, 2014, November 10, 2014, and December 1, 2014. November 3, 2014, would be the continuation of Enterprise/Utilities Funds if necessary and November 10, 2014, would be the regular City Council meeting where the Utility Rates would be considered and December 1, 2014, is the Public Hearing and Budget adoption. There was discussion about the November 3, 2014, meeting and consensus was that a continuation meeting would not be needed so that meeting will be canceled. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adjourn the Work Session at 8:31 p.m. Motion passed unanimously, 10/20/14 -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/WORK SESSION OCTOBER 27, 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 Kieven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan stated, with regard to Regular Agenda Item 9a, Special Use Permit for proposed fill in Centennial Park, repeated flooding on the softball fields has caused many difficulties, including the relocation of the 2014 Dudley Tournament to Evergreen Park. He added he would like the City Council to discuss the possibility of the permanent relocation of the Tournament to Evergreen Park, and to instruct City staff to review this issue. He noted there would be increased costs involved, but this may be an advantageous solution. Mr. Boganey stated he had reviewed this issue with Community Activities, Recreation and Services Director Jim Glasoe. He agreed to forward Mr. Glasoe's response to the City Council. Councilmember Ryan stated he supports the construction of a berm along the creek in Centennial Park. He added it will be necessary to determine whether the elevation of the softball fields is adequate. Councilmember Lawrence-Anderson asked, with regard to the Centennial Civic & Veterans Memorial Amphitheater Project, how long the bidding process will take. Mr. Boganey stated the bidding process will take 30-45 days depending upon requirements for plans and specifications. Councilmember Lawrence-Anderson requested clarification with regard to Regular Agenda Item 6d, authorizing a grant application for community vehicles, at a total cost of $140,000. Mayor Willson stated the total amount includes sports equipment that will be available for use by members of the community. 10/27/14 -1- DRAFT Councilmember Lawrence-Anderson requested clarification with regard to Regular Session Agenda Item 6e, approving a Union contract for Public Works Maintenance employees. Mr. Boganey stated the contract section relates specifically to health insurance benefits. MISCELLANEOUS Flyers on Parked Cars Councilmember Myszkowski asked whether advertisers are allowed to place flyers on cars in private driveways or parking lots. Mr. Boganey confirmed this. Liberia Trip Expenses Councilmember Myszkowski stated a report on Minnesota Public Radio regarding the Brooklyn Center Mayoral race implied that the recent Liberia trip was paid for with City funds. She stressed that the participants raised the money to travel to Liberia themselves, and no City funds were used. Mayoral Candidate Councilmember Myszkowski stated a report on Minnesota Public Radio referred to a third mayoral candidate. She added she notified MPR that that the third candidate did not make it through the primary election, and request that they change their information. Mayor Willson stated that the false information regarding the third candidate is still in circulation. Soil Contamination Mitigation Councilmember Ryan stated he met recently with a Brooklyn Center resident who lives near the 5800 block of Logan Avenue who is concerned about soil contamination at the former Pilgrim Dry Cleaners site. He stated he believed there was a grant program for homeowners to install a mitigation system if chemical traces are found in the soil on their property. He asked whether it is the homeowner's legal responsibility to have this testing done if they intend to sell their property. City Manager Curt Boganey stated a letter was sent to area property owners from the Minnesota Pollution Control Agency regarding this issue. Mayor Willson stated property owners would need to disclose the soil conditions in the event of a sale. Damaged Sod Replacement on Kyle Avenue North Mayor Willson stated the resident at 6154 Kyle Avenue North said sod was laid by the City's Public Works Department in front of his home after recent road construction on his street. He added the sod was not laid properly and the resident wants to have it replaced. Mr. Boganey agreed to follow up with the resident and the Public Works Department. Northport Park Shelter Councilmember Kleven requested clarification regarding proposed changes to the planned park shelter at Northport Park, and whether this will mean an increase in funding for the Centennial Park Amphitheater project. Mayor Willson stated the Financial Commission discussed this issue when the City Council met with them recently, and recommended that the Park and Recreation Commission review it and provide its recommendation as well. 10/27/14 -2- DRAFT Diseased Tree Removal in Right-Of-Way Councilmember Lawrence-Anderson asked if residents are responsible for removal of diseased trees that are located in the City right-of-way in front of their home. Mr. Boganey stated it is his understanding that the City pays 50%. Ebola Crisis and Action Mayor Willson stated he met recently with Pastor Arthur Cooper, Pilgrim Christian Center, 6030 Xerxes Avenue North, representing the Liberian Ministers Association (LMA), to discuss issues related to local residents who have travelled from West Africa. He added the possibility of a quarantine location was discussed. He noted it will be necessary to determine whether any City Ordinance or other regulatory issues would relate to this situation. Mr. Boganey stated the LMA was not requesting consideration of a specific location as this inquiry is in its early exploratory stages. He added the group is in the process of reviewing possible regulatory issues. Mayor Willson stated he met with members of the Hmong community recently, who are considering a similar request. Mr. Boganey stated they have indicated that they would require more than one location. Surly Brewing Darkness Day - October 25, 2014 Mr. Boganey stated Surly Brewing Company's Darkness Day was held October 25, 2014. He added all indications are that the event went smoothly and there were no problems. He noted the change in location does not appear to have had a negative impact. Public Nuisance - Rental Properties Councilmember Ryan stated many rental properties in Brooklyn Center are single-family homes that are not owner-occupied, and often the source of public nuisance and criminal activity. He asked what the City can do to encourage rental property owners to terminate the lease of a disruptive tenant. He referred to a specific rental home whose neighbors have reported numerous instances of public disturbance. Mayor Willson stated it is necessary to establish an effective enforcement policy. Councilmember Ryan asked whether legal action can be taken when single-family owner occupied property tenants engage in unlawful behavior. Mr. Boganey reviewed a rarely-used statute that pertains to public nuisance declaration for repeated and egregious criminal activity at rental properties. He added this statute is not used frequently, it is a difficult process, and a substantial amount of staff resources is required. He noted it would only be considered as a last resort solution. Mr. Boganey agreed to have City staff review the Police activity records for that particular address. Councilmember Ryan stated the property's current owner purchased it in November 2011. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS There were no items to discuss. 10/27/14 -3- DRAFT ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Mayor Willson adjourned the Study Session to Informal Open Forum at 6:45 p.m. RECONVENE STUDY SESSION Mayor Willson reconvened the Study Session at 6:47 p.m. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:49 p.m. 10/27/14 -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 OCTOBER 27, 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, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2.INVOCATION Mayor Willson stated that Brooklyn Center's sister city of Voinjama, Liberia, has been greatly affected by the deadly Ebola outbreak in West Africa. He requested a moment of silence and reflection in memory of people in Liberia who have passed away as a result of the Ebola outbreak. 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. He welcomed back Councilmember Kleven, who had an accident at home in August and has been absent for several months. 4.ROLL CALL 10/27/14 -1- DRAFT Mayor Tim Willson and Councilmembers Carol Kieven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Clerk Sharon Knutson, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6.APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.October 13, 2014— Study/Work Session 2.October 13, 2014 - Regular Session 6b. LICENSES MECHANICAL Barnes Plumbing Co. Bell Mechanical G-HVAC Professional Mechanical Services Soderlin Plumbing, Heating & Air Steinkraus Plumbing, Inc. RENTAL INITIAL (TYPE II— two-year license) 430766 1h Avenue N 5901 Aldrich Avenue N 5900 Beard Avenue N 3900 Eckberg Drive 819 Woodbine Lane RENEWAL (TYPE III - one-year license) 6435 Bryant Avenue N 6107 Emerson Avenue N 5601 Halifax Avenue N 6700 Toledo Avenue N 6012 York Avenue N 3923 Washington Avenue N, Minneapolis 855 Village Center Drive, North Oaks 16036 Mallard Way SE, Prior Lake 8851 Research Center Road, New Hope 3612 Cedar Avenue 5, Minneapolis 112 East 5th Street, Chaska Gavin Kleinknecht Gavin Kleinknecht Stephanie Trogen-Keeler Amy Evenson Gavin Kleinknecht Thomas Kaiser Lydia Yeboah - Missing CPTED/ 1 ARM Mtg Gene Kohler Trenton Potter Presley and Korpo Hanson 10/27/14 -2- DRAFT RENEWAL (TYPE II - two-year license) 4006 61st Avenue N Chue Thaow 5807 Drew Avenue N Drew Kabanuk 7235 Fremont Avenue N Deepak Nath RENEWAL (TYPE I— three-year license) 4748-52 Twin Lake Avenue Grant Osgood 4306 66th Avenue N Sarah Vogt 5338 Irving Avenue N TMC Mgmt Corp 6413 Regent Avenue N Tim Xiong SIGN HANGERS Sign Maintenance Lighting & Electrical, Inc. 700 Tower Drive, Medina 6c.RESOLUTION NO. 2014-145 REJECTING BIDS, CENTENNIAL CIVIC AND VETERANS MEMORIAL AMPHITHEATER 6d.RESOLUTION NO. 2014-146 AUTHORIZING THE COMMUNITY ACTIVITIES, RECREATION AND SERVICES DEPARTMENT TO APPLY FOR GRANT FUNDING THROUGH THE HENNEPIN YOUTH SPORTS PROGRAM 6e. RESOLUTION NO. 2014-147 APPROVING THE CONTRACT FOR INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2015-2016 Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a.PROCLAMATION DECLARING OCTOBER 27, 2014, TO BE DESIGNATED AS RANDOM ACTS OF KINDNESS DAY Mayor Willson introduced this item and called for a motion. Councilmember Myszkowski moved and Councilmember Kieven seconded to approve PROCLAMATION Declaring October 27, 2014 to be designated as Random Acts of Kindness Day. Motion passed unanimously. 7b.RANDOM ACTS OF KINDNESS PRESENTATION OF RECOGNITION AND CERTIFICATE CEREMONY 10/27/14 -3- DRAFT Councilmembers read nominations and Mayor Willson presented certificates to the following recipients in recognition of their Random Acts of Kindness: Bill Miller; Walter Horstman and Jane Oliver; Bee Yang Family; Pat Swanson, Brooklyn United Methodist Church; Phil and Carole Nelson, AGAPE Food Distribution; Principal Todd Tischer, Garden City Elementary School and Superintendent Kate McGuire, Osseo ISD No. 279; Dana Anderson, Cub Foods; Steve DeWenter and DeAnna Rodriguez, Restaurant Depot; Vino Ambrose, The UPS Store; Maria Isabel Ambriz-Espinoza; Perpetua Jones; Kate Hauer, Mobile Loaves & Fishes and Craig Housworth, New Life Church of Woodbury; and Diane Sannes. Mayor Willson congratulated the recipients of the Random Acts of Kindness Recognition, and thanked them for their contributions to the community of Brooklyn Center. S. PUBLIC HEARINGS -None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2014-015, SUBMITTED BY THE CITY OF BROOKLYN CENTER FOR SPECIAL USE PERMIT TO ALLOW THE GRADING AND PLACEMENT OF FILL MATERIAL IN THE FLOODWAY DISTRICT, LOCATED IN CENTENNIAL PARK (6301 SHINGLE CREEK PARKWAY). Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2014-015, Special Use Permit for proposed fill material in Centennial Park. He added City Engineers have determined that a berm would be a cost-effective and suitable solution. He advised the Planning Commission recommended approval of the application at its October 16, 2014, meeting. Councilmember Myszkowski asked whether the weight of a berm would result in more sinking over time. Mr. Benetti stated the berm would be shallow and the weight would be distributed. He added the berm would be the first step in a long-term solution, which could be analyzed over a period of years. Councilmember Ryan stated he reviewed the Planning Commission minutes regarding this issue, and a property homeowner commented during the Public Hearing that he is concerned that the berm would push water onto his property. Mr. Benetti stated the berm will be designed so that there will not be any impact on the residential properties that border the park. Councilmember Ryan requested clarification regarding the possibility of pumping in the event of a flood. Mr. Benetti stated temporary pumps might be used in such a case, but there would be minimal flooding as a result of the berm. He added alternative methods of flood mitigation can be pursued if the berm is not effective. 10/27/14 -4- DRAFT Councilmember Lawrence-Anderson stated the resident had asked whether he should purchase flood insurance. Mr. Benetti stated the structure on the property is not located in the flood plain and therefore would not require flood insurance. 1. RESOLUTION NO. 2014-148 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-015, SUBMITTED BY THE CITY OF BROOKLYN CENTER FOR SPECIAL USE PERMIT TO ALLOW THE GRADING AND PLACEMENT OF FILL MATERIAL IN THE FLOODWAY DISTRICT, LOCATED IN CENTENNIAL PARK (6301 SHINGLE CREEK PARKWAY) Councilmember Ryan moved and Councilmember Kleven seconded to approve RESOLUTION NO. 2014-148 Regarding the Disposition of Planning Commission Application No. 2014-015, Submitted by the City of Brooklyn Center for Special Use Permit to Allow the Grading and Placement of Fill Material in the Floodway District, Located in Centennial Park (6301 Shingle Creek Parkway). Motion passed unanimously. 10.COUNCIL CONSIDERATION ITEMS -None. 11.COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • October 14, 2014, met with Brooklyn Center homeowner regarding concerns related to MPCA ground water contamination clean-up east of Logan Avenue; awaiting results of MPCA testing • October 14, 2014, Emergency Special EDA meeting • October 19, 2014, memorial service for victims of Ebola in West Africa • October 20, 2014, City Council Budget Work Session with Financial Commission • October 15, 2014, Feed the Need food drive sponsored by CEAP, local stores including Cub Foods and Wal-Mart • October 25, 2014, Odyssey Academy Pancake Breakfast Councilmember Kieven reported on her attendance at the following and provided information on the following upcoming events: August 21, 2014, Councilmember Kieven suffered an accident at home and has been unable to attend recent City Council meetings. She extended her thanks to everyone who sent their best wishes and offered prayers of support. Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • October 14, 2014, Emergency Special EDA meeting 10/27/14 -5- DRAFT • October 20, 2014, CEAP Board Meeting • October 21, 2014, Park and Recreation Commission meeting • October 21, 2014, visited the Luther Dealership and saw the newly installed fence along Brooklyn Boulevard • October 27, 2014, Brooklyns Youth Council meeting Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • October 14, 2014, Emergency Special EDA meeting • October 14, 2014, Open House at The Crest • October 20, 2014, City Council Budget Work Session with Financial Commission • October 22, 2014, Odyssey Board Meeting • October 23, 2014, Brooklyn Center Business Association Luncheon, featuring Special Olympics presentation by Police Department representatives • October 25, 2014, Odyssey Academy for Pancake Breakfast and Health & Wellness Fair Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • Mayor Willson welcomed Councilmember Kleven back to the City Council after an extended absence following an injury sustained at home • October 14, 2014, visited Jodi \Tallencourt's 4th grade class at Earle Brown Elementary School along with two School Board members • October 14, 2014, Emergency Special EDA meeting • October 14, 2014, Open House at The Crest • October 20, 2014, City Council Budget Work Session with Financial Commission • October 23, 2014, Hennepin County Sherriffs Office - Tribute to Extraordinary Citizens, including Senator Chris Eaton • October 25, 2014, Odyssey Academy Pancake Breakfast • October 25, 2014, Hmong Halloween Celebration in Brooklyn Park 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 7:51 p.m. Motion passed unanimously. 10/27/14 -6- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: November 4, 2014 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Cler SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on November 4, 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. MECHANICAL Aerotek Heating, Cooling & Duct Cleaning AM Plumbing Inc. First Choice Plumbing & Heating LLC 7 Metro Heating and A/C RENTAL See attached report. 34345 Quinton Avenue, Center City 27479 109th Street, Zimmerman 29948 Hwy 47 NW, Isanti 609 1501h Avenue NE, Ham Lake iIission: Ensuring an attractive, clean, soft, inclusive co/n?nunhtj' that enhances the qiUII!1V of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type 1 - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 - Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 , 5 o more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25'' but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 12 Greater than 3 Categories 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, safe, inclusive community that enhances the ijunllly of life for all people and preserves the public trust Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** 6734 France Ave N Single Family Initial Alexander Lang 2 II N/A II 7037 Humboldt Ave N Single Family Initial Gao Liu 0 II N/A II 6400 Xerxes Ave N Single Family Initial David Wilson 3 II N/A II 3513 47th Ave N 1 Bldg 11 Units Renewal Richard Grommes 12 1.09/Unit II 1 .09/Unit II I 3801 53rd Ave N Single Family Renewal David Michael 0 I 0 I II 4842 71st Ave N Single Family Renewal Erick Dinh 7 III 0 III II 6125 Dupont Ave N Single Family Renewal Prosperous Property LLC 4 II 0 II II 1507 Humboldt Pl N Single Family Renewal Kyan (Jimmy) Hui 3 II 0 II III 5836 James Ave N Single Family Renewal Mai Vang 4 II 0 II I 5532 Morgan Ave N Single Family Renewal Der Lee and Chayeeling Xiong 5 III 0 III II 4906 Zenith Ave N Single Family Renewal Philip Scaia No CPTED Follow UP 7 III 0 III III 6006 Zenith Ave N Single Family Renewal Keith McConnell 1 I 0 I I * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.) ** License Type Being Issued Type I = 3 Year Type II = 2 Year Type III = 1 Year *** Initial licenses will not show a previous license type Rental Licenses for Council Approval on November 10, 2014 All are current on City utilities and property taxes City Council Agenda Item No 6c COUNCIL ITEM MEMORANDUM DATE: November 10, 2014 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Director of Finance V(. SUBJECT: Setting a Public Hearing on Proposed Utility Rates for 2015 Recommendation: It is recommended that the City Council consider setting a public hearing for Monday, November 24, 2014 on proposed utility rates for 2015. Background: At the October 20, 2014 joint work session of the City Council and Financial Commission, staff presented the expected expenditures for operation of the City's utility services for 2015. The expenditures include total direct and indirect costs including depreciation of capital assets and administrative costs. Along with those costs are projections of the revenues needed for 2015 and for the next fifteen years to keep operations running smoothly and fund the infrastructure improvements needed in each of the utility systems. The cash flow analysis for each of the five utilities indicate anticipated rate changes necessary to maintain targeted cash balances during the construction of the utility improvements associated with the City's 15-year Capital Improvement Plan (CIP). Rate increases are projected for the Water Utility, Sanitary Sewer Utility and Recycling Utility in order to maintain cash reserves, fund normal operations and finance infrastructure improvements. Rate for the various utilities are recommended to change as follows for 2015: Water Base Charge - Residential $8.20 $10.00 $1.80 /quarter(Per Quarter) Consumption Charge - Tier 1(0 - 30 gallons)$1.36 $1.66 $0.30 /1,000 gallons Residential Meters Tier 11(31 - 60 gallons)1.70 2.07 0.37 /1,000 gallons Tier III (61 and greater)2.54 3.10 0.56 /1,000 gallons Consumption Charge - Non-residential (Per 1,000 gallons)$1.70 $2.07 $0.37 /1,000 gallons Sanitary Sewer Base Char ge (Per Quarter)$74.70 $78.45 $3.75 /quarter Storm Sewer Base Charge (Per Quarter)$14.48 $14.48 No change Street Light Base Charge (Per Quarter)$6.55 $6.55 No change Recycling Base Charge (Per Quarter)$8.94 $9.21 $0.27 /quarter Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM The utility bill for a household using 18,000 gallons of water (considered the typical residential user) is shown in comparison to 2014 rates as follows: Water $32.68 $39.88 $7.20 Sanitary Sewer $74.70 $78.45 $3.75 Storm Sewer $14.48 $14.48 - Street Light $6.55 $6.55 - Recycling $8.94 $9.21 $0.27 Total $137.35 $148.57 $11.22 The proposed rates would become effective on January 1, 2015 for the Sanitary Sewer and Recycling Utilities. The proposed Water Utility rates would be effective beginning April 1, 2015. The delayed implementation of the water rates would allow the City additional time to communicate the increase to consumers and time for those consumers to budget for the additional increase or modify their water consumption. City Code sections 11.02 and 11.06 require a notice and hearing prior to the City Council setting new utility rates. The Public Hearing Notice will be published in the Brooklyn Center Post on November 13, 2014. A copy of the notice has been attached. Strategic Priorities: • Financial Stability Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING ON PROPOSED UTILITY RATES Notice is hereby given that the City Council of the City of Brooklyn Center, Minnesota, will meet in the Council Chambers of Brooklyn Center City Hall at 6301 Shingle Creek Parkway, on Monday, November 24, 2014 at 7 p.m. regarding proposed utility rate increases. These proposed rates are now on file at City Hall and open to public inspection. Written or oral comments to the proposed rates will be considered at this meeting. Auxiliary aids for persons with disabilities are available upon request at least 96 hours (4 days) in advance of the hearing. Please contact the City Clerk at 763-569-3300 to make arrangements. Sharon Knutson, City Clerk By order of the City Council Published in the Brooklyn Center Post on November 13, 2014. City Council Agenda Item No. 6d [i1i1BJ[IU ti UTIIkT[O]111I IlIJhYA I DATE: November 4, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Establishing the Interest Rate for 2015 Special Assessments Recommendation: It is recommended that the City Council consider approval of the resolution establishing the interest rate for 2015 special assessments at 4.0 percent. Background: Each year the City Council sets an interest rate for special assessments levied against properties based on the City's Special Assessment and Internal Loan Interest Rate Policy. The objective of this policy is to establish an equitable interest rate that will not unfairly burden the property owner but also recover the cost of borrowing from outside sources, recover the cost of administering the special assessments and protect the City from the possibility that special assessment prepayments might impair the City's ability to service the bonds. City Council policy has been to establish the special assessment interest rate by calculating the sum of the interest rate for the most recent general obligation bond, adding two (2) percent to cover the overhead costs described above, and rounding to the nearest one-half percent in accordance with the Interest Rate Policy. The most recent improvement bond sale by the City of Brooklyn Center was 2013 General Obligation Improvement Bonds at 1.80 percent, resulting in a special assessment interest rate of 4.0 percent for 2015. The 2015 rate is less than the 2014 rate, which was 6.0 percent Budget Issues: There are no budget issues to consider. Strategic Priorities: o Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive communitil that enhances the quality of life for all people and preserves tile public (rust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING THE INTEREST RATE FOR 2015 SPECIAL ASSESSMENTS WHEREAS, the City Council levies special assessments for certain neighborhood street and utility projects, delinquent utility bills and other services provided to property owners that go unpaid; and WHEREAS, amounts outstanding are certified to Hennepin County for collection with property taxes; and WHEREAS, by City Policy, interest is to be charged on outstanding amounts certified to Hennepin County for collection with property taxes; and WHEREAS, the interest rate to be charged is two percent over the net interest rate for the most recent City General Obligation bond sale rounded up to the next one-half percent; and WHEREAS, the most recent General Obligation bond sale resulted in a net interest rate of 1.80 percent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the interest rate charged on outstanding special assessments for the year 2015 is hereby established at 4.0 percent. November 10, 2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6e COUNCIL ITEM MEMORANDUM DATE: I November 4, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Establishing 2015 Street and Storm Drainage Special Assessment Rates Recommendation: It is recommended that the City Council consider approval of the resolution establishing the 2015 street and storm drainage special assessment rates for City street and utility improvement projects. Background: Each year the City Council establishes assessment rates for RI, R2, and R3 residential zoned properties based on the City's Special Assessment Policy. Within these zoning districts, the assessment rate for street and storm drainage improvements is based on a unit amount that applies to all single family residential properties. The unit amount represents a specific portion of the average cost for reconstructing a typical residential street and storm drainage system. Street assessments for non-residential and R4 to R7 residential properties are computed separately for each project. Special assessment rates are typically adjusted each year to reflect normal inflationary increases in construction costs. The City's Special Assessment Policy indicates that, "the unit assessment shall be adjusted annually to reflect cost of living increases as measured by the Construction Index" (see Section II - 2.10.2.B.1.a.2). The ENR Construction Cost Index has experienced an average annual percent change for 2014 of 6.1 percent (see Table 1). Table 1 - PNR Construction Cost Index - 12-Month Average Annual Percent Change Year 2007 2008 2009 I 2010 I 2011 I 2012 2013 I 2014* I 12-mo avg. annual % change I 1.5 5.3 0.3 3.6 1.3 3.7 I 2.7 6.1 Source: Engineering News Record website, November 10, 2014, edition Note: * 11 month average As a comparison, the Consumer Price Index has experienced an average annual percent change for 2014 of 1.6 percent (see Table 2). Table 2. Consumer Price Index - 12-Month Average Annual Percent Change Year 2007 2008 2009 2010 2011 2012 2013 2014* 12-mo avg. annual % change 2.7 3.7 -0.6 2.0 3.2 2.0 1.4 1.6 Source: US Department of Labor, Bureau of Labor Statistics website, October 30, 2014 Note: * 9 month average jl'Iission: Ensuring on nftractn-'e, clean, safe, inclusive community that enhancesances the quality qf life for all people andpreservev the public trust COUNCIL ITEM MEMORANDUM Based on the 2014 information above, staff recommends adjusting the special assessment rates by an increase of 6.1 percent for 2015, which will be an increase of $304 from the 2014 total assessment amount. This should continue to maintain the portion of street and storm drainage costs that are assessed at approximately 40 percent of the total cost for street and storm drainage improvements. The City Council has historically targeted 40 percent as the portion of street and storm drainage improvements that are assessed to adjoining Ri, R2, and R3 residential properties. Budget Issues: Increasing the 2014 special assessment rates for 2015 would result in an assessment amount of $4,066 for street improvements and $1,220 for storm drainage improvements. The total assessment amount would be $5,286 per Rl single family residential lot in 2015 compared to $4,982 in 2014. The attached resolution provides the corresponding adjustments for R2 and R3 zoned properties based on the proposed unit assessment rate. Strategic Priorities: . Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community Mat enhances the qualityf life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING 2015 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES WHEREAS, the residential assessment rates for street and storm drainage improvements are annually reviewed and approved by the City Council; and WHEREAS, the residential assessment rates should be adjusted annually to be effective January 1; and WHEREAS, the 2015 street and storm drainage assessment rates for RI, R2, and R3 zoned districts are based on a specific proportion of approximately 40 percent of the average cost for street and storm drainage improvements; and WHEREAS, the R4, R5, R6, and R7 zoned districts will continue to be assessed based on an evaluation of project cost and project benefit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The residential street and storm drainage special assessment rates for street reconstruction shall apply to properties in RI, R2 or R3 zoned districts. These rates shall also be applied to parcels of property in other land use zones when such parcels (a) are being used as one-family or two-family residential sites at the time the assessment roll is levied; and (b) could not be subdivided under the then-existing Subdivision Ordinance. 2. The residential assessment rates for street and storm drainage reconstruction effective January 1, 2015, shall be as follows: Land Use 2015 Assessment Rates R1 zoned, used as one-family $4066.00 per lot (street) site that cannot be subdivided $1220.00 per lot (storm drainage) Land Use 2015 Assessment Rates R2 zoned, or used as a two-family $54.2133 per front foot with a site that cannot be subdivided $4066.00 per lot minimum (street) $ 16.2667 per front foot with a $1220.00 per lot minimum (storm drainage) RESOLUTION NO. R3 zoned-(per unit) Assessable frontage x $54.2133 (street) Number of residential units Assessable frontage x $ 16.2667 (storm) Number of residential units The residential assessment rates for street and storm drainage reconstruction shall not apply to R4, R5, R6 or R7 zoned districts. The assessment rates for street reconstruction for R4, R5, R6 or R7 zoned property shall be based on an evaluation of the project cost and the project benefit for each project. November 10, 2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6f [i1IJ[* I I V WA L'A I M'A (I] 1WI ISWA I DATE: November 4, 2014 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Engineer THROUGH: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Project Nos. 2013-01, 02, 03 and 04, Kylawn Park Area Street and Utility Improvements Recommendation: It is recommended that the City Council approve the Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 2013-01, 02, 03 and 04, Kylawn Park Area Street and Utility Improvements. Background: On May 13, 2013, the City Council awarded Contract 2013-A to Ryan Contracting Company of Elko, Minnesota for the construction of the Kylawn Park Area Street and Utility Improvements. Ryan Contracting Company has successfully completed the construction work and is requesting final payment for the project. Budget Issues: The original contract amount with Ryan Contracting Company for the project improvements was $5,623,236.92. The total value of work certified for final payment is $5,337,553.83. The total project cost including contingencies/administration/engineering/legal is $6,081,334.75 and was completed 4.2% under budget in the amount of $269,665.25. The attached resolution provides a summary of the final amended costs and funding sources for the project. Strategic Priorities: Vibrant Neighborhoods il'Iiss!on: Ensuring an attractive, clean, safe, inclusive connnujiitp that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, PROJECT NOS. 2013-01, 02, 03 AND 04, KYLAWN PARK AREA STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Ryan Contracting Company, of Elko, Minnesota has completed the following improvements in accordance with said contract: Improvement Project Nos. 2013-01, 02, 03 and 04, Contract 2013-A, Kylawn Park Area Street and Utility Improvements NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: Final payment shall be made on Improvement Project Nos. 2013-01, 02, 03 and 04, Contract 2013-A, Kylawn Park Area Street and Utility Improvements, taking the contractor's receipt in full. The total amount to be paid for said improvements under said contract shall be $5,337,553.83. 2. The estimated project costs and revenues are hereby amended as follows: COSTS As Original Award As Final Contract $5,623,236.92 $ 5,337,553.83 Lighting $ 102,952.20 $ 102,952.20 Contingency $ 46810.88 $ 9,392.29 Subtotal Construction Cost $5,773,000.00 $ 5,449,898.32 AdrninlLegal!Engr. $ 578,000.00 $ 631,436.43 Total Estimated Project Cost $6,351,000.00 $ 6,081,334.75 RESOLUTION NO. REVENUES Street Assessment Storm Drainage Assessment Sanitary Sewer Utility Water Utility Fund Storm Drainage Utility Fund Street Light Utility Municipal Sate Aid (MSA) Street Reconstruction Fund CenterPo mt Energy Miscellaneous Total Estimated Revenue As Oiininal Award As Final $1,086,651.29 $1,086,651.29 $ 326,199.22 $ 326,199.22 $1,241,473.50 $1,224,127.99 $ 845,194.56 $ 921,952.30 $ 942,195.08 $ 837,451.03 $ 112,952.20 $ 102,952.20 $ 360,000.00 $ 360,000.00 $1,423,805.15 $1,208,759.22 $ 12,529.00 $ 12,529.00 $ 712.50 $6,351,000.00 $6,081,334.75 November 10, 2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6g COUNCW TEM MEMORANDUM DATE: November 4, 2014 TO: Curt Boganey, City Manager FROM: Andrew Hogg, Assistant City Engineer TI-TROUGH: Steve Lillehaug, Public Works Director/City Engineer SUBJECT: Resolution in Support of the Metro Transit C-Line Arterial Bus Rapid Transit Project Recommendation: It is recommended that the City Council consider approval of a resolution in Support of Metro Transit's C-Line Arterial Bus Rapid Transit (BRT) project. Background: Metro Transit completed a study to improve speed and customer experience on 12 of its highest ridership bus routes. These are lines where transit demand is high, but streets are not wide enough to accommodate light rail or a dedicated lane for buses. Transit speeds on these routes are slowed down by frequent stops and red lights, and customer waiting facilities are limited. Arterial bus rapid transit (BRT) is a package of transit enhancements that add up to a faster trip and an improved experience on Metro Transit's busiest bus routes. The BRT C-Line route would be 25 percent faster than local bus service without making major changes to the street (see attached informational brochure). The C-Line is planned to use the same existing Metro Transit Route 19 and will bring these enhancements to this corridor. Four BRT bus stops within the city limits are planned and will receive new transit enhancements: Brooklyn Center Transit Center, Xerxes Avenue at 56th Avenue, Brooklyn Boulevard at Highway 100 and Brooklyn Boulevard at 5 1st Avenue. Route 19 will continue to exist, but slight route changes are expected to avoid duplication with the new BRT C-Line. It is expected that the BRT C-Line will be in operation by 2016. Budget Issues: There are no budget issues to consider. Strategic Priorities: Community Image Mission: Ensuring an attractive, clean, safe, inclusive cojnnuinilv that enhances the quohty of life for oil people ondpreseri'es the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION IN SUPPORT OF THE METRO TRANSIT C-LINE ARTERIAL BUS RAPID TRANSIT PROJECT WHEREAS, Metro Transit intends to implement the CLine Arterial Bus Rapid Transit (BRT) Project to improve transit service and facilities in Minneapolis and Brooklyn Center; and WHEREAS, Metro Transit intends to build enhanced transit stations as part of the Project, serving Brooklyn Boulevard, the Brooklyn Center Transit Center, and intermediate points; and WHEREAS, the Project will be of mutual benefit to Metro Transit and the City of Brooklyn Center; and WHEREAS, Metro Transit is requesting financial participation through a number of funding sources to implement the Project; and WHEREAS, Metro Transit and the City of Brooklyn Center are mutually committed to collaboratively developing the Project within the city limits; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City of Brooklyn Center hereby supports the Project and Metro Transit's funding requests for the timely implementation of the Project. November 10, 2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Osseo & 47th Penn & 43rd Penn & Dowling Penn & 36th Penn & Lowry IN LINE -- 1 S4, oo-. 1 0 9,'çc , PENN AVENUE CORRIDOR Arterial bus rapid transit, or BRT, is a package of transit enhancements that adds up to a faster trip and an improved experience on Metro Transit's busiest bus routes. How many people will use the C Line? Route 19 carries 1 out of every 4 people traveling on Penn Avenue north of Olson Highway today, but makes up less than 3% of the vehicle traffic. 7,000+ weekday riders travel today on Route 19 compared to 9,000+ weekday riders in 2030 with the C Line. People want more buses with more frequent service that are less crowded. How will this change what's out there today? .rvice will run more frequently than it does today—every 10 minutes, like light rail and longer buses will have additional seats and space. See all the amenities BRT will bring on the next page. What will this mean for traffic? Detailed modeling shows these changes will not significantly affect traffic flow along Penn Ave. BRT will be up to 24 percent faster than local bus service - without making major changes to the street. BRT vehicles will stop in travel lanes at curb extension "bump outs". Thanks to pre-pay boarding, taller platforms, and additional doors, passengers will board BRT quickly. Improved transit will also take hundreds of cars off the road. is boarding different? BRT platforms will have a raised (9-inch) curb, different from today's (6-inch) sidewalk curbs, making it easier to step onto the bus. Fares will 'e collected at the station, not on the bus. See e images on the next page for further information. Complete snow removal will improve winter boarding as well. ) Brooklyn Center Transit Center XerKes & 56th Osseo & Hwy 100 Osseo & 51st Penn & West Broadway Penn & Golden Valley Penn & Plymouth \ .AQ\vs çc 0\01 0\01 çQ MCw Ga pw1ococt PRWMINAF/Y Cancept Plan Ve,sian 1.3 Updated August 27, 201.1 SCHEDULE e C) p° C Line (Penn Avenue) C Line (Penn Avenue) C Line (Penn Avenue) PLANNING PLANNING & DESIGN CONSTRUCTION & OPEN FOR MORE INFORMATION Katie Roth, Project Manager Metro Transit BRT/SmaII Starts Project Office BRTProjects@metrotransit.org rnetrotransit.org/arterial-stucly 10 3(1. The C Line would be the primary service in the corridor, with increased service on nights & weekends. Local bus would continue to run at a reduced frequency to serve local trips & off-corridor branches. Service every 10 minutesC Line 0 0 112 mile between stations LOCAL BUS CCQ-) Service every 30 minutes 1/8 mile between stops During rush hours today, local buses spend about 25% of their scheduled time stopped at red lights. With transit signal priority buses can "task" traffic signals for early or extended green lights to keep moving. Traffic lights will determine whether to give BRT the extra green time. What makes Bus Rapid Transit different? The C Line won't have a dedicated lane for buses. Everything else about the lines will be designed for faster travel speeds & enhanced customer comfort. For speedier boarding through all bus doors, the C Line won't have on-board fareboxes. Customers will either purchase a ticket at the station or tap a Go-To card. Roving police officers—not bus operators—will ensure customers have paid. [ Go-To card holders can tap their cards before boarding. ?Y Each station will have a ticket machine, where customers can buy tickets with cash or credit. The C Line will run in general traffic and won't widen the roadway. Instead, the project will add curb extensions at stations.Today, buses stop in the right-turn lane - with littlespucefor - - -- custornerwnenities c:j EJ Li Merging hoc/c into traffic ______ 0 causes dc/op Buses stop before crossing intersection oad are more likely to be delayed by red lights BRT stops farside BRT Curb - of intersection, progressing through signal before stopping to board passengers E EJ EJEEJ extension providesdes spacor a B RTIstation and eliminates side-to-side weaving I Stations will be equipped with more amenities for a safe and comfortable customer experience, similar to light rail. Standard features include heat, lighting, security cameras and phone, real- time bus arrival information, trash receptacles, and printed maps. - Roof-Mounted Destination Sign I-leaters&Llghts N security Size "Small" showEnh•camerasI J to ineet passenger demand at eacht station Foundation iI ----------r- Walt - Ticketmachines & •, Fare card validator -- L_-- - - r fear E -. Station Furnishings;1 I SeatingZOflo - _- Trash Receptacle Detectable _8ll(CRachs(notsho%Jn) 9 ng City Council Agenda Item No. lOa COUNCIL ITEM MEMORANDUM DATE: November 10, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk A14& 4AAt1V(._ SUBJECT: Type IV 6-Month Provisional Rental License for 5508 Fremont Ave North Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5508 Fremont Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type I rental license. This property qualifies for a Type IV provisional rental license based on 14 property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06-10-2014 The Owner, Charles Jing Bright, applied for renewal of the rental dwelling license for 5508 Fremont Ave N, a single family dwelling. 07-03-2014 An initial rental inspection was conducted. 14 property code violations were cited, see attached rental criteria. 08-06-2014 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 08-25-2014 A second reinspection was completed and 1 violation remained. No reinspection fee was charged for an additional follow up because the item was a special size and it was on back order. Mission: Ensuring (11$ attractive, clean, saf, inclusive comlnunht3' that enhances the quality of left' for all people and preserves the public (rust COUNCIL ITEM MEMORANDUM 09-02-2014 The $100 reinspection fee was paid. 09-10-2014 A follow up reinspection was conducted and passed. 09-18-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime - Free Housing Program, etc. 09-24-2014 A Mitigation Plan was submitted. 09-30-2014 The Mitigation Plan was finalized. 09-30-2014 The previous rental license expired. 11-3-2014 A letter was sent to the owner notifying that the hearing before the Council will be held November 10, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will ilJlssioii Eiisiirii:g all (ztt,'udlls'e, clean, sale, inclusive community that enhances the quality oJl?te for (s/I people and preserves the public (rust COUNCIL ITEM MEMORANDUM consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences, and/or property Code issues and the- expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy -Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 • and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, 'Vs'sion: Ensuring all att,acth'a clean, stile, inclusive comma flhty that e,zl,uiices the qualify of//fe for al/people anti preserves the public trust COUNCIL ITEM MEMORANDUM perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I —3 Year 1-2 units 0-1 3+ units 0-0.75 Type II— 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year - 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 o more units 0-0.35 Mission: Ensuring an attractive, clean, saf', inclusive community that enhances the quality lif for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categoiies 3-4 units Greater than 1 5 or more unitsGreater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: ' Vibrant Neighborhoods Attachment - Mitigation Plan !Jisswn: Ensuring an a/t,'act/i'e, clean, safr. inclusive conmwnitv that enhances the quality of life for all people and preserves the public trust r City of Brooklyn Center Th TT( 1/1 6301 Shhtte Cheek Parkway SEP i Orooklyn Center, M 55430-2199 9 2Of4a f! Iynconcr; orq Rental License Mitigation Plan--Type TV Rental License liii otherillen plans will aol he aecepled Please type or ace illuble form on Cily website, Section Property Adleso 5508 Fremont Ave N, Brooklyn Center, MN 55430 ovater Name: Charles Jinci Briciht LOCL1I A g""New Concepts Management Group, Inc (ivner Aclress: 74 fi5rith Dr. ti.ii<hm Ort L3R .Wi& Uwnr :-6 1 2-5 99-209 8 Owner 1:niail: charles,briQhtyahoo.ca Rental l.,icense: I I New IOU Renewal Agent Address: 5107 Excolsior t3td, St Lees Paik,MN 55110 Agent Phone: 952-922-2500 Agent Email: amvncrnai.corn Current License Expiration Date: 913012014 Pending Type IV License Pxp. Date: 31311201 iSis Jm/ffJLS from enrico! linse &I)iralkfll) Based on property conditions and/or validated police nuisance incidents, the above relrenced property qualities l'or a Type IV Rental License. Before your license application can be considered by the City Council. a Mitigation Plan must lie completed and reviewed by City siilIAfullv completed Mitigation Plan most be suhnutted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified YAM and the measures that will be taken to ensure ojJjigpnmliance with City Ordinances and applicable Codes, The Mitignion Plan provides an opportunity to review property concerns and idcntif'y possible solutions to improve the overall conditions and management ol the l)t opeity. NOTICE: Time is Running Out--You must IAKH ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this joemiNg license period and avoid legal actions. Section 13— Required i)ocuntents Submit the follmving dncuinents with the Mitigaliun Plan for Opprovul _______ I. Crime Free I lousing Program Training Certificate (ilcompleted, ii' not completed, please include scheduled date in Section C.I V 1 Copy oil case including Minnesota Crime Prce lIousing I ,ease Addendum td' 3_ Submit written report by 10 0 of each month (after license approval). Section (AM Ane Free Housing Pro( ramReffuiremdnts Phase / 1. 1 'se written lease including Crime Free I lousing Lease Addendum. LJ 2. Conduct criminal background check fhr all PrOSPeCtie tenants. Provide documentation to City if requested.1 T Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 1 -1, Attend City apprased ci lVill hour Crimu Free r lousing coutse, Dale (ure (oi1, ed: or Date (oure Schedued: Vhas I [ j Complete Security Assessment and implement all security i , 111)ovenlentS reconunended b the H iuob Iv n tn Pu iceDepartment. s - I c7 - i5 Date Scheduled: ImpIo\ ements to he completed by: Plitse IIIL1J I will attend a minimum oF 50% of the AR NI meetings (two). I will ;tend the ARM meetings scheduled fur: - & 0I S Du these two meeting dates occur befie the Peni/ing Rpe IlL/tense espirotion date? Yes H No (See 2stcnon A) If no, you will only be able to qualify for a Type IV Rental License ii pon renesrnl, LJ I will have no repeat code violations pieviou1y docuntened within the past year For properties it-it/i four 01 more units: will coliductrid trainine annuall that includes crime prevention techniques. I II bolt! regular resident ineetittes. ci ? T g±!i! Capital Till provon etits Plan - fluscd on condition and ac estimated replacement dates are provided for common capital items. Funding Should be considered accurdinejy. I loweer, items broken, worn or otherwise in violation pri,)v to th estimated replacement date vlrcqulrecadicrcorrcctions.I ]sntnatcdI )nte I ItSt Rcpinet'(l____ Iacemeutt)atc !LunaccIAC _.[\Vater Heater- I eos Kitchen Appliart-ces-23 Lot diAppliances- 020i20011 0 l.terior Pitint/Siding,facia, trim .- - Root l:e nc e -Shed -Driveway -Sidewalks Smoke Alarms & Carbon Ivionoxide Alarms I mE —Steps to hit prove 1\lnnagementand Conditions oIPropert l Implementing, the following best practices may assist in the management of your property. BY c/lee fcii,g the boxes below, toe agree 10: I. (heck in with tenants every 30 (lays.fi I I 2. 1 )rive 1)v Propeiiv to clicc lam \iUlZItiC)flS lwicca Page 2 Type IV MIIIROUOO Plan Rev 11-16-01 i-I/A 20011 2004 fl/a u/s 20(10 2020 2005 21124 2020 r2i 2040 20S0 2/0 1 1 . L id tenants m vtolation ni the lease and all addenditms, 4. Provide lawn,xnow service, L _ 5. Provide garbage service. ô. insioi security system. Centcrpont Home Service Plus 7. P rovi de nianitut ntc set-vice pLan for ippli loct Name of serv ice co tLZJI g , ant and will remain current on payment of utility fees, taxes, assessments, lines, penalties and niheT financial claims due to the City Other(s): Please read tltorouglilv II' the Type IV Rental License is appro'ed by the City Council, (he Licensee mu.t comply with the approved Mit catmu Plan and all appl kablo city codes. No later than the I of each calendar month, the I icensce must snhni it to the Building and Community Standards Department a written report describing all steps (A -ell 10 comply with the Mitiiuuian Plait. I verifT that all information provided above is true and accurate. I understand that it' I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. Amy C Jones, Property Manager Owner or Acent xaiae and Title Plvro. PrInO ncr or Agentognriturc Date \lfiiiowii Owner or Agent N turd rod Ink nj j;pti'vth/çJ (Ph au 1)411d Additional Owner or Agent Sicn'Ourt (efappIiihIt) D ate I )rn nrieitt /Ti de \t.cintutunit Standrrcl I )cprrtincrtt / 'I tie Ditto Page 3 Type IV Mitigation Plan Rev 1i-16fl City Council Agenda Item No. lOb Ii COUNCIL ITEM MEMORANDUM DATE: November 6, 2014 TO: City Council FROM: Curt Boganey, City Manag SUBJECT: Charter Commission proposed Charter Changes Recommendation: It is recommended that the City Council receive the Charter Commission recommended changes to the City Charter related to Sections, 9.04, 5.01 and Section 6.02. Background: On October 23, 2014 I received an email from the Chair of the Charter Commission requesting that the City Council adopt an ordinance amending the City Charter. At the request of the Commission staff prepared and the City Council approved certain proposed charter amendments in January of 2013 (enclosure). The Charter Commission recommendations are largely in response to our suggested changes. State Law requires the Council to act within 30 days of receiving the Charter Commission recommendation. Once the Commission recommendations are received the 30 day clock begins. M.S.410.12 AMENDMENTS Subd. 7. reads as follows: Subd. 7.Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The city council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the city council must vote on the proposed charter amendment ordinance. The ordinance is enacted if it receives an affirmative vote of all members of the city council and is approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. The petition must be signed by registered voters equal in number to at least five percent of the registered voters in the city or 2,000, whichever is less. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of iil/ssion: Ensuring an attractive, clean, safe, inclusive conunitnity that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters. I have sent an email to Chairman Leino asking that he clarify the intent of the Charter Commission regarding Section 2.05, 2.05a. and 2.05b. In some cases the proposed language appears inconsistent with the approved minutes and in other cases the language seems to have inadvertently excluded approved language. For this reason, I am recommending that the City Council only accept receipt of the recommendations for Section 9.04, Section 5.01, and Section 6.02 at this time. As soon as we receive clarification from the Commission the remaining proposed amendment will be transmitted to you for your consideration. Budget Issues: There are no budget issues to consider. charter commission recommendations 1106 14 (revision 1) Mission: Ensuring an attractive, clean, saft, inclusive community that enhances the quality of life for al/people and preserves the public trust Curt Boganey rom: Curt Boganey Sent: Thursday, November 06, 2014 2:15 PM To: Stan Leino; Sharon Knutson Cc: 'Gail Ebert'; 'Mary O'Connor'; Mark Yelich; MYRNAKAUTH @ USFAMILY.N ET; 'Robert Marvin'; Zachary Marko; mgoodell@gmail.com ; 'gary-julie-brown@comcast.net '; tthorbu@yahoo.com ; jobrandvold@gmail.com Subject: RE: Changes approved by Charter Commission. Attachments: City Manager Curt Boganey.vcf Hello Stan, I have reviewed the proposed changes to the City Charter and the Commissions minutes. There are a few proposals that I believe require some further clarification. #1 Section 2.05, VACANCIES IN THE COUNCIL. I don't find in the Charter Commission minutes where this amendment has been discussed or recommended. #2 Section 2.05a, PROCEDURE TO FILL COUNCIL VACANCIES BY SPECIAL ELECTION. The Charter Commission minutes do not reflect that the following wording was removed called by the Council or by the City Clerk if the Council foils to act within thirty (30) days of the occurrence of the vacancy yet it is included with the proposal. The proposed wording in the July 18, 2013, Charter Commission minutes read Except as provided in this Section and Section 4.03 of the City Charter, all of the provisions of the Minnesota election law are applicable to the election as far as practicable. This is the same wording for Section 2.05b - which is not addressed in the proposed amendments. Section 4.06 is amended in July 18, 2013, Charter minutes as follows: Section 4.06. CANVASS OF ELECTION. The Council shall meet and canvass the election returns within five (5) days between the third (3rd) and tenth (10th) day after any regular, primary or special election... This change is not included in the proposal. Is it the intent of the Commission to include the amendment. At this point it is my intent to transmit the Charter Commission proposed changes to Section 9.04, CITY MAY DISMISS PROCEEDINGS and proposed changes to Section 5.01. POWER RESERVED BY THE PEOPLE and proposed changes Section 6.02. POWERS AND DUTIES OF THE CITY MANAGER to the City Council for their consideration. After you have had a chance to clarify the questions above, I will gladly submit the Charter Commissions proposed changes to these additional sections. I just want to be sure that I am transmitting the true intent of the .ommission. Please let me know if you have questions. CoKvetIL,r L. City Manager Curt Bogncy City of Brooklyn Center City Manager Administration (763) 569-3300 Work cb o g an ey©d brooklyn-center. ma • us 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 From: Stan Leino [mailto:sleino©prosourcetech.com ] Sent: Thursday, October 23, 2014 11:04 AM To: Sharon Knutson; Curt Boganey Cc: 'Gail Ebert'; 'Mary O'Connor'; Mark Yelich; MYRNAKAUTH@USFAMILY.NET ; 'Robert Marvin'; Zachary Marko; mgoodefl@gmail.com ; 'gary-julie-brown©comcast.net'; fthorbu@yahoo.com ; jobrandvold@gmail.com Subject: FW: Changes approved by Charter Commission. City Manager Boganey, Greetings Secretary O'Connor and Vice Chairman Brown put together the attached document, which I believe more clearly delineates the changes that the Charter Commission is recommending. At the request of the Commission, they have used strikethroughs and underlines to indicate deletions and additions, respectively. They also used some italics for indicators or instructions. Hopefully, the attached document is sufficiently precise to communicate the recommendations of the Charter Commission. If you require further clarification, please feel free to contact mel Thank you! Stan Leino, J.D. j Senior Title Specialist/Team Supervisor ProSource Technologies, LLC I sleino©prosourcetech.com 763.233.5496 1 fax 763.786.1030 Cell 763.234.6137 From: gary-julie-brown@comcast.net [rnailto:gary-iulie-brown@corncast.net ] Sent: Thursday, October 16, 2014 10:48 PM To: Stan Leino; Mary O'Connor Cc: iobrandvold@gmail.com; tthorbu@yahoo.com ; Gail Ebert; Middleton, Harold; Zachary Marko; mgoodell@gmail.com ; Robert Marvin Subject: Re: Changes approved by Charter Commission Here are the proposed changes to the Brooklyn Center City Charter. 2 From: "Stan Leino" <sleinoprosourcetech.com > To: "Knutson, Sharon" <sknutsonci.brookIyncenter.mn .uS> Cc: jobrandvoldqmaiLcom, tthorbu@yahoo.com , "Gail Ebert" <ebesfamilymsn.com >, "Middleton, larold" <hjannifercomcast. net >, "qary-juliebrownccomcast. net" <gary-julie- brownVcomcast.net >, "Mary O'Connor" <mary oconnor08(hotmaiLcom>, "Zachary Marko" <mark0426umn.edu >, mqoodell(g mail. com , "Robert Marvin" <RobertRJMarvin.com > Sent: Wednesday, October 15, 2014 3:25:24 PM Subject: FW: Changes approved by Charter Commission Sharon, Would you mind printing the text of Secretary O'Connor's e-mail below and leaving copies on the Commission's Meeting table for tomorrow night? Thank you! Stan Leino, J.D. I Senior Title Specialist/Team Supervisor ProSource Technologies, LLC I sleino@prosourcetech.com 763.233.5496 I fax 763.786.1030 Cell 763.234.6137 From: Mary O'Connor [rnailto:mary oconnoro8@hotmail.com ] Sent: Wednesday, October 15, 2014 1:25 PM To: Mary O'Connor; Stan Leino Subject: Changes approved by Charter Commission charter changes made on July 18, 2013 Chapter 2.05a Council Vacancies After discussion and a friendly amendment by Brown, Yelich made a motion and O'Connor seconded it to change wording to "The special election shall be held not sooner than sixty (60) days and not later than two hundred (200) days following the occurrence of the vacancy. " The motion also added the following sentence: "Except as provided in this Section and Section 4.03 of the City Charter, all of the provisions of the Minnesota election law are applicable to the election as far as practicable." The motion passed with Oslund abstaining. O'Connor made a motion and Brown seconded it to delete the final sentence of Chapter 2.05a. It reads "If more than two candidates file for the unexpired term, a primary election shall be held." The motion passed with Goodell abstaining. Chapter 2.05b5 Council Vacancies Brown made a motion and Brandvold seconded it to change "will" to "shall" and to change "one hundred thirty-five (135)" to "two hundred (200)" and to add the sentence "Except as provided in this Section and Section 4.03 of the City Charter, all of the provisions of the Minnesota election law are applicable to the election as far as practicable." The motion also deletes the following sentence: "If more than two candidates file for the unexpired term, a primary election shall be held." The motion passed unanimously. Chapter 4.06 Canvass of Election Yelich made a motion and O'Connor seconded it to delete "within five (5) days" and insert "between the third (3rd) and the tenth (10th) day". The motion passed unanimously. Chapter 9.04 Eminent Domain Brown made a motion and Middleton seconded it to accept city staff's suggestion to delete "s so long as the dismissal is filed with the proper court prior to the expiration of the time for an appeal or before entry of judgment if an appeal has been taken". Motion passed with O'Connor voting no. Charter changes made October 17, 2013 Chapter 5.01 Initiative and Referendum On line 5 change "passed" to "submitted". Chapter 6.02 Powers and Duties of the City Manager Delete Subdivision 3.b Charter changes made July 16, 2014 Chapter 6.02 Powers and Duties of the City Manager Delete Subdivision 3.c Submitted by Mary O'Connor, Secretary October 16, 2014 Proposed Charter Changes by Brooklyn Center Charter Commission October 16, 2014 Charter changes approved by the Charter Commission July 18, 2013. Section 2.05. VACANCIES IN THE COUNCIL. When for any reason, a vacancy should occur in the City Council or the office of the Mayor, the City Council must publicly declare such a vacancy and specify the date of occurrence of the vacancy within ten (10) days between the third (3 d ) and the tenth (10th) day of its occurrence. The remainder of the paragraph to remain unchanged. Section 2.05a. PROCEDURE TO FILL COUNCIL VACANCIES BY SPECIAL ELECTION. If the unexpired term of the Council vacancy is one year or longer, or if the unexpired term of the Council vacancy is less than one year and the Council chooses not to fill the vacancy through the appointment process, a special election shall be called by the Council or by the City Clerk if the Council fails to act within thirty (30) days of the occurrence of the vacancy held not sooner than sixty (60) days and not more than two hundred (200) days The election will be held not soo-n-e-r than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. i-f-mare than two candidates file for the unexpired term, a primary election shall be held. Section 2.05b. PROCEDURES TO FILL COUNCIL VACANCIES BY COUNCIL APPOINTMENT No changes to opening paragraph or paragraphs 1-4. 5. If the Council pursues the appointment process but then fails to fill a vacancy within forty-five (45) days from the occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy. The special election wi-I-I shall be held not sooner than one hundred five (105) days and not later than one hundred thirty five (135) two hundred (200) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections, and all of the applicable provisions of Minnesota election law, as far as practicable. If two or more candidates file for the unexpired term, a primary election shall be held. Section 9.04. CITY MAY DISMISS PROCEEDINGS. The City may dismiss all or part of the property being acquired in a condemnation proceedings so long as the dismissal is filed with the proper court prior to the expiration of the time for an appeal or before entry of judgment if an appeal has been taken. When the proceeding is dismissed, the City shall pay all reasonable costs and expenses incurred by the condemnee including attorney's fees. Charter changes approved by the Charter Commission October 17, 2013. Section 5.01. POWERS RESERVED BY THE PEOPLE. The people of Brooklyn Center reserve to themselves the power, in accordance with the provisions of this charter, to initiate and adopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes, to require such an ordinance when passed submitted by the Council to be referred to the registered voters for approval or disapproval. These powers shall be called the initiative and referendum. Section 6.02. POWERS AND DUTIES OF THE CITY MANAGER. No changes to subdivisions 1 & 2 and subdivision 3 (a) Subdivision 3. .fl&Sfl•tflflflflfl •.•.pgt..pS.fl..__p_rp__n.pp..•_.. Charter changes approved by the Charter Commission July 16, 2014. •- No changes to Subdivisions 4-9 Charter changes made on July 18, 2013 Chapter 2.05a Council Vacancies After discussion and a friendly amendment by Brown, Yelich made a motion and O'Connor seconded it to change wording to "The special election shall be held not sooner than sixty (60) days and not later than two hundred (200) days following the occurrence of the vacancy. "The motion also added the following sentence: "Except as provided in this Section and Section 4.03 of the City Charter, all of the provisions of the Minnesota election law are applicable to the election as far as practicable." The motion passed with Oslund abstaining. O'Connor made a motion and Brown seconded it to delete the final sentence of Chapter 2.05a. It reads "If more than two candidates file for the unexpired term, a primary election shall be held." The motion passed with Goodell abstaining. Chapter 2.05b5 Council Vacancies Brown made a motion and Brandvold seconded it to change "will" to "shall" and to change "one hundred thirty-five (135)" to "two hundred (200)" and to add the sentence "Except as provided in this Section and Section 4.03 of the City Charter, all of the provisions of the Minnesota election law are applicable to the election as far as practicable." The motion also deletes the following sentence: "If more than two candidates file for the unexpired term, a primary election shall be held." The motion passed unanimously. Chapter 4.06 Canvass of Election Yelich made a motion and O'Connor seconded it to delete "within five (5) days" and insert "between the third (3rd) and the tenth (10th) day". The motion passed unanimously. Chapter 9.04 Eminent Domain Brown made a motion and Middleton seconded it to accept city staff's suggestion to delete so long as the dismissal is filed with the proper court prior to the expiration of the time for an appeal or before entry of judgment if an appeal has been taken". Motion passed with O'Connor voting no. Charter changes made October 17, 2013 Chapter 5.01 Initiative and Referendum On line 5 change "passed" to "submitted". Chapter 6.02 Powers and Duties of the City Manager Delete Subdivision 3.b Charter changes made July 16, 2014 Chapter 6.02 Powers and Duties of the City Manager Delete Subdivision 3.c Submitted by Mary O'Connor, Secretary October 16, 2014 MEMORANDUM - COUNCIL WORK SESSION DATE: January 24, 2013 TO: City Council FROM: Curt Boganey, City Man SUBJECT: Charter Review Recommendation: It is recommended that the City Council consider providing direction to staff regarding City Charter Changes. Background: At the last City Council meeting work session the City Council directed staff to review the City Charter and provide further comments/recommendations about parts of the City Charter that may require change consideration. The staff has reviewed the City Charter in its entirety. Based on this review I have listed sections that we believe enhancements to the Charter should be considered. • Chapter 2 Form of Government o Section 2.05a Procedures to fill Council Vacancies by Special Election The Charter requires the Council to hold an election within a time frame of 90- 120 days following the vacancy. Comment: State Law governing elections makes it impossible to hold an election within the 90-120 day time frame. The minimum number of days is about 168 days. We suggest a time frame of perhaps 200 days or general language that relates to State Law, i.e. as soon as practicable consistent with State Statute. o Section 2.05b.5 - Council Vacancies - Council Appointment The Charter requires the special election to be held between 105-135 days following the vacancy. Comment: Remove time frame requiring the City Clerk to schedule a special election "not sooner than 105 days and not later than 135 days. This is the same issue as above and we recommend a similar solution. 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 • Chapter 4 Nominations and Elections o Section 4.06 Canvass of Elections The Charter requires the Council to canvas election results within five days after any election. Comment: Remove the 5-day requirement to canvass the election results. The current language is inconsistent with State Law which requires canvassing for a sp e cial primary election on the 2nd or 3rd day following the election and canvassing special election results between the 3rd and lOi day after the election. A change would allow the Council to meet on Monday for all special and general elections. Alternative language to consider; "between the third and the 10th day after any regular, primary or special election" (Brooklyn Park) • Chapter 5 Initiative and Referendum o 5.06 Actions of Council on Petition The Charter requires the Council to call a special election within 30 to 45 days of final action on a petition. Comment: Current State Law requires a minimum time frame that exceeds 45 days. We Recommend at time frame beginning with no less than 60 days and or language that reference the State Statue instead of a set time frame. Chapter 6 Administration of City Affairs The Charter limits the City Manager to selecting a Fire Chief only from existing members of the Fire Department o Section 602 Powers and Duties of the City Manager Subdivision 3.b Comment: Delete this section from the City Charter. It establishes discriminatory treatment of a single Department Head appointee with no valid basis. Subdivision 3.c The language establishes an additional requirement governing the management of fire personnel. Comment: Delete this section from the Charter. It is establishes discriminatory treatment of one class of employees with no valid basis. iIfLsiou: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION • Chapter 9 Eminent Domain a Section 9.04 City May Dismiss Proceedings The Charter allows the City to dismiss a proceeding so long as the dismissal is filed prior to the expiration of the time for an appeal or before entry of a judgment. Comment: Current state law and case law is not totally compatible with this Charter language. Consideration should be given to deleting this Charter Section. Results of review by City Attorney; I have attached emails from the City Attorney regarding provisions of the Charter that may require further review by the City Council. Policy Questions: Are there provisions in the City Charter that the City Council would to see changed? Does the Council wish to refer any items to the Charter Commission for review and recommendation? Does Council want staff to draft charter amendment language for potential submittal to the Charter Commission for consideration? Council Goals: 1. We will provide streamlined, cost effective, quality services with limited resources mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION November 10, 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 63'd Avenue Street and Utility Improvements - Complete Streets Update PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Consideration of Modifying Setback Requirements for Front Porches 2.Sister City Voinjama Visit Update 3.Highway 252 Open House 4.Paperless Packets Report 5. Planning for Annual Retreat Parking Lot Issues Joint Meeting with Charter Commission Work Session Agenda Item No. 1 MEMORANDUM COUNCIL WORK SESS]ION DATE: November 4, 2014 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Engineer THROUGH: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: 63rd Avenue Street and Utility Improvements - Complete Streets Update Recommendation: It is recommended that the City Council consider providing direction to staff regarding complete street design options foi 63'd Avenue. Background: The City's Capital Improvement Program identifies 63rd Avenue from the westerly city limit to Brooklyn Boulevard for reconstruction in 2015. 63rd Avenue exists as a two-lane, collector roadway that functions for both local access and regional mobility. It is designated as a Municipal State Aid (MSA) route. The roadway along 63rd Avenue exists with concrete curb and gutter and is 44-feet wide with on-street parking on both sides. 6311 Avenue also has 5-foot concrete sidewalks existing on both sides of the roadway with generally a 5-foot boulevard. In accordance with the new Complete Streets Policy adopted by the City in 2013, all streets and trail projects, including design, planning, reconstruction, rehabilitation, maintenance, or operations by the City of Brooklyn Center shall be designed and executed in a responsible, equitable and financially reasonable way to accommodate and encourage travel by bicyclists, pedestrians, public transportation, emergency and commercial vehicles in a balanced manner. Implementation of the City's Complete Streets policy ensures that the needs and safety of pedestrians, bicyclists, motorists, and transit riders of all ages and abilities are taken into account in the design and operation of roads. The utilities along 631 Avenue have been reviewed by staff and recommendations for replacements are being established. However, other design elements such as street width, sidewalks, and trails can vary depending on the pedestrian and vehicle usage of the 63rd Avenue corridor. Attached are two preliminary design options for the corridor. Option 1 maintains the existing street width and sidewalks on both sides of the roadway. Option 2 proposes a narrower street width and converts the north sidewalk into a trail while maintaining a sidewalk on the south side. A presentation will be provided at the meeting that provides a more detailed overview of these options for consideration. Policy Issues: Does the City Council support keeping the sidewalks along both sides of 63'' Avenue? Does the City Council support converting the sidewalk on the north side of 63 Avenue to a trail? 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