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HomeMy WebLinkAbout2015 01-26 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION January 26, 2015 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 January 26, 2015 AGENDA 1.Informal Open Forum with City Council - 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2.Invocation - 7 p.m. 3.Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4.Roll Call 5.Pledge of Allegiance 6.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1.January 12, 2015 - Study Session 2.January 12, 2015 - Regular Session 3. January 12, 2015 - Work Session b. Licenses C. Resolution Changing Polling Locations for Precincts 4, 6, and 7 d.Resolution Authorizing the City of Brooklyn Center to Participate in the Minnesota GreenStep Cities Program e.Set Date and Time of Facilitated Strategic Planning and Team Building Retreat Requested Council Action: —Motion to set date and time of facilitated retreat for Friday, February 6, at 5:30 p.m. and Saturday, February 7, at 8:00 a.m. CITY COUNCIL AGENDA -2- January 26, 2015 7.Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Marc Booth for Over 35 Years of Dedicated Service to the City of Brooklyn Center 8.Public Hearings —None. 9.Planning Commission Items —None. 10.Council Consideration Items a.Mayoral Appointment of Commissioner and Alternate Commissioner to Serve on Shingle Creek/West Mississippi Watershed Management Commissions Requested Council Action: —Motion to ratify Mayoral nominations. b.Tobacco Related Products License for Value Foods, 6820 Humboldt Avenue North Requested Council Action: —Motion to remove the item from the table. —Motion to approve issuance of license. C. Consideration of Type IV 6-Month Provisional Rental Licenses 1. 2018 55th Avenue North Requested Council Action: —Mayor poli audience for applicants to address Council. —Receive staff report. —Motion to open hearing. —Receive testimony from applicants in order. —Motion to close hearing. —Take action on rental license applications and mitigation plans. d. CenterPoint Energy Gas Franchise Ordinance Requested Council Action: —Motion to approve first reading of ordinance and set second reading and Public Hearing for February 23, 2015. 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 STUDY SESSION JANUARY 12, 2015 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:02 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Police Chief Kevin Benner, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested discussion on Item 10e, Consideration of Type IV 6-Month Provisional Rental Licenses, in particular the meeting procedure to poll the audience for rental owners who are present and then setting aside those licenses for consideration as a whole. Mayor Willson reviewed the meeting process that would be followed to hold a hearing when requested by the rental property owner. Councilmember Lawrence-Anderson stated she was noted as being absent and unexcused in the December 1, 2014, Budget Hearing and Special Session minutes. She explained she was unable to attend due to a family emergency. City Manager Curt Boganey explained this absence was not known before of the meeting. MISCELLANEOUS Councilmember Myszkowski asked for an update on the Work Session with the Parks and Recreation Commission and Brooklyns Youth Council. Mr. Boganey stated staff is following up on that matter and the issue of e-cigarettes in public places is scheduled for February 23, 2015. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS CONSIDERATION OF HEARING FOR TOBACCO RELATED PRODUCTS LICENSE FOR'ABDOU JAITEH 01/12/15 -1- DRAFT Mr. Boganey introduced the topic and presented the staff report and January 8, 2015, memorandum from City Attorney Charlie LeFevere describing the issue and concerns related to the interpretation of Section 23-104 of the City Code that provides that an applicant convicted of any tobacco products violation within five years may not be eligible for a new or renewed license. Mr. Boganey stated an applicant has submitted an application but had pending charges for sales to a minor at another Brooklyn Center location, so the City Council tabled action on that application until that issue was resolved in the court. Subsequent to that action, there was adjudication on the issue and the applicant was found in violation through a plea agreement. Mr. Boganey explained that in preparation for action, staff reviewed the newly adopted Tobacco Ordinance and found Section 23-104 specifically addresses grounds for which renewal/approval of an application may be denied as well as a list of seven elements for which a license may be revoked. Mr. Boganey stated this raises a question as to the intent of this section of the ordinance and whether or not the intent is that any applicant, whether renewal or a new licensee, who has been found to have violated any of the seven elements of this Section are to be automatically denied a license or if these seven items are simply elements for potential grounds for which a license may be approved or not approved. Mr. Boganey read the last paragraph of Mr. LeFevere' s January 8, 2015, memorandum and asked for City Council direction relating to how Section 23-104 should be interpreted and what interpretation best serves the interests of the City of Brooklyn Center. He noted Attorney LeFevere has also indicated the City Council cannot deny an application without first holding a hearing. Mayor Willson stated it is not so much the applicant as the site the applicant owns, noting Attorney LeFevere has indicated an applicant may have an application in one location but a violation has occurred in another location. He felt the City Council's consideration related to the violation by site, not by applicant. City Attorney Charlie LeFevere advised that he found the language in this section to be a bit ambiguous and felt clarification may be needed depending on the City Council's interpretation. He stated direction from the City Council will help staff proceed with other ordinance amendments to add clarity to the language. Mayor Willson referred to a past consideration where an applicant had been found in violation but it had occurred at a different site. Attorney LeFevere explained that in the case of liquor, the applicant's past criminal history considered the location in which the liquor violation occurred. In this case, the language addresses the applicant and a conviction within five years is an automatic disquálifier for new applications and/or renewals. Mayor Willson stated the City retained that right with liquor licenses but in his mind, it is slightly different when considering tobacco licenses. He suggested that issue be discussed in addition to determining clarification. 01/12/15 -2- DRAFT Mr. Boganey stated the first fundamental question in need of clarification is whether it is the intention of the City Council to take all of the seven elements listed under Section 23-104 as restrictions. He asked whether it is the intent that any applicant who has violated any of the seven elements is or is not eligible to receive a tobacco license at all. One interpretation is that if you meet any of the seven elements, you may not have a new license or renewal license. That is the first clarification needed. If that is not the intent, then staff presumes the intent is that some or all of the seven elements are simply items to consider by the City Council when forming its decision as to whether or not to approve the license. Mayor Willson clarified that this consideration only relates to the sale of tobacco, not liquor. Mr. Boganey confirmed that is the case. Mr. Boganey reviewed the considerations taken during the time this ordinance was drafted and that some staff felt the issue of a conviction was to apply to a new tobacco license applicant. He stated it was not staff s thought that it applied to an existing business with a violation that could result in shutting down that business. Mayor Willson asked if the location of violation by the applicant is considered. Attorney LeFevere stated it seems that at some level, it should be 'anywhere in the world' and should an applicant have a bad record, the City should not be compelled to grant a license simply because they have not yet violated the law in Brooklyn Center. He explained if the intent is that the seven elements are grounds for denying the license but does not automatically disqualify the applicant, the City Council could consider the extenuating circumstances such as when the violation occurred and the type of violation. Mayor Willson stated he is willing to consider an application, depending on the circumstances, even if they have a violation that occurred at some location. He felt it was grounds for denial but was the City Council's choice to consider the facts in determining whether to issue or deny the application. Attorney LeFevere noted that some of the elements are grounds for automatic disqualification, such as being under 18 years of age, but there are other categories that are considered grounds for denial/revocation but not an automatic disqualifier. Mayor Willson stated in any event, if an application is made, the process should come before the City Council even if there has been a federal violation. Attorney LeFevere explained the two- step process for the City Council to initially consider the application and if determined to deny, then the applicant has the right to a hearing. In this case, if the seven elements are not automatic disqualifiers, then the elements would be used as grounds for consideration. Mayor Willson asked if the site of the violation is a consideration. Attorney LeFevere stated if an automatic disqualifier, then they could not have a license at either site. He noted there is nothing in the ordinance that indicates it is specific to the site so if considered as grounds, then the application can be considered. 01/12/15 -3- DRAFT The City Council discussed a scenario in which SuperAmerica makes an application, the City Council finds there has been a violation, but the corporation does not operate the site as it is operated by a manager. The question was raised whether the manager would be penalized by not receiving the license, or if it would be considered as a higher-level management issue. Attorney LeFevere stated the corporate owner (SuperAmerica in this scenario) is generally held responsible and if the elements are disqualifiers, then the license would not be granted. If the elements are considered as qualifiers, then the City Council could consider the circumstances. Mayor Willson stated he thinks the intent is to look at each site individually as a business on its own merits and then look at grounds for denial. Attorney LeFevere stated that is a question for the City Council to determine. He stated if a corporation franchises businesses and each location has its own owner, the applicant may not be held responsible but that is subjective based on the suitability of the applicant. In another case where local managers change all the time, that may be a different consideration as the level of decisions and training occurs at a higher level and it may be the case where the corporation has a management problem and should not receive a license or renewal. Mayor Willson stated he does not want to penalize a site if that site does not have any violations. Attorney LeFevere stated a new site would not have any violations but the applicant may have a history of violations in other locations. Mayor Willson agreed that should be considered as grounds but he believed it should not be an automatic denial. Councilmember Ryan stated Attorney LeFevere mentioned there are a number of factors listed as restrictions. He suggested the ordinance list things that are obvious considerations for revocation/nonrenewal. Then the remaining factors could be subject to consideration and discretion of the City Council when determining whether or not to grant the license. Mayor Willson stated if there is a federal violation, or something on that level, staff would recommend the license not be approved and present a resolution with findings for denial that would come before the City Council for consideration. Attorney LeFevere stated in the case that someone under the age of 18 applied for a license, staff would recommend the City Council consider denial for that reason. Then notice would be given to the applicant and they would have the right to a hearing to prove they are not under the age of 18. He noted that would be a consideration of automatic denial. Mr. Boganey stated virtually all of the City's licenses have a criteria that in order for the application to be complete for submission to the City Council, all taxes and utilities must be current. That is the one case where the City Council will probably not see an application unless the taxes and outstanding obligations to the City have been paid and made current. That is not a denial, but a determination the application is not complete. Mayor Willson stated that would only be a consideration for a renewal of an existing license. Mr. Boganey explained there are criteria for submission of an application before it is presented to the City Council. Mayor Willson stated that may be a consideration for liquor licenses as well in the case of unpaid taxes/utilities. Mr. Boganey stated the City Council determined that unless 01/12/15 -4- DRAFT the taxes and utilities are paid in full, a rental license application is not complete and will not be presented to the City Council. Mayor Willson recalled a past license for an eating establishment that did come before the City Council for a liquor license renewal but staff recommended it not be approved because the taxes had not been paid. Attorney LeFevere stated the consensus of the City Council appears to be that conviction within five years is not a disqualifier but may be grounds for consideration. He asked if there is a conviction of an employee and the owner within the last two years and criminal and civil sanctions imposed, is that sufficient grounds to not grant the licenses or if that level of violation would not cause sufficient concern and the City Council would like to hold a hearing. Mayor Willson stated he does not want a tobacco violation at one of the City's stores to be an automatic denial. He felt the grounds should be determined at a public hearing. Attorney LeFevere explained it does not have to go to a public hearing if the violation is large enough or there are multiple violations. Discussion of this item continued and reached conclusion at the January 12, 2015, Work Session. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:45 p.m. 01/12/15 -5- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPfN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 12, 2015 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 April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Wayne and Kristy Brown, 2590 Freeway Boulevard, representing Jammin Wings Sports Bar & Grill, presented a request for special consideration of a liquor license application even though their financial burden has not been met for payment of taxes and utilities. Diane Sannes, 7006 Willow Lane, invited Boy Scouts who were working on their merit badge to introduce themselves. Following introductions, Ms. Sannes invited all to attend the Scout's Pancake Breakfast on Sunday, February 8, 2015. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:55 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Myszkowski read a quote from Martin Luther King, Jr. as the Invocation. ADMINISTER CEREMONIAL OATH OF OFFICE 01/12/15 -1- DRAFT City Clerk Sharon Knutson administered the ceremonial Oath of Office to Mayor Tim Willson and Councilmembers Dan Ryan and April Graves. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5.FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited as led by the Boy Scout Troop 299. 6.APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Myszkowski 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.December 1, 2014-2015 Budget Hearing 2.December 1, 2014 -Special Session 3.December 8, 2014 -Study Session 4.December 8, 2014 -Regular Session 5.December 8, 2014 - Work Session 6b. LICENSES GASOLINE SERVICE STATION Royalty and Sons, Inc. Two Rivers Investment, Inc. MECHANICAL Forrest Heating, Inc. KVA Engineering, Inc. Lakes Plumbing & Heating Inc. MacDonald Heating and Air Cond. Inc. Northland Mech. Contractors, Inc. Rickert Heating & Air 6044 Brooklyn Boulevard 6840 Humboldt Avenue N 995 Burns Avenue, St. Paul 6504 Valley View Road, Corcoran 17503 Lever Street NE, Ham Lake 11848305 1h Avenue, Princeton 9001 Science Center Dr., New Hope 10355 Quaker Lane N, Maple Grove 01/12/15 -2- DRAFT Ridler Heating & Cooling Inc. 3110 Washington Ave., Minneapolis RENTAL INITIAL (TYPE III— one-year license) 6425 Fremont Avenue N. INITIAL (TYPE II— two-year license) 2119 70th Avenue N. 350172 d Avenue N. 351272 d Avenue N. 6131 Bryant Avenue N. 2406 Ericon Drive 7018 France Avenue N. 5350 Irving Avenue N. 5819 Knox Avenue N. 5900 Washburn Avenue N. RENEWAL (TYPE III— one-year license) 4204 Lakebreeze Avenue 4220 Lakeside Avenue 7111 Riverdale Road Did not complete CPTED 5439 Colfax Avenue N. 6844 Fremont Place N. 5550 Girard Avenue N. Missing ARM meetings RENEWAL (TYPE II— two-year license) 5341-43 Penn Avenue N. 4212 61St Avenue N. 5031 Drew Avenue N. 5049 Ewing Avenue N. 5517 Knox Avenue N. 4746 Lakeview Avenue 5024 Lilac Drive N. RENEWAL (TYPE I— three-year license) 4903 Brooklyn Boulevard Passed w/weather deferral 5105 Brooklyn Boulevard 6626 Camden Drive 5449 Lyndale Avenue N. 7018 Regent Avenue N. 4734 Twin Lake Avenue 5925 Washburn Avenue N. Troy Jones Ronen Shayari Chen Zhou Chen Zhou Jun Wang Crystal Brummer Crystal Brummer John Hennen Crystal Brummer Lance Nordin Andrew Hardacre Richard Arntson Allan and Vicki Olson Roger Kadlec Abideen Ajibola Restart, Inc. Margery Schwab John Hostetler Adrian Jimenez Raymond Glasser Roger Harris Brian Meltzer Carlos Balibrera Raymond Glasser George Lucht Jeremy Sutton Living Well Disability Services Danny Vo Elizabeth Becht Cheng Lor 01/12/15 -3- DRAFT SECONDHAND GOODS DEALER GameStop #535 SIGNHANGER Serigraphics Sign Systems TOBACCO RELATED PRODUCT Royal Tobacco Royalty and Sons, Inc. 6068 Shingle Creek Parkway 2401 Nevada Ave. N., Minneapolis 5625 Xerxes Avenue N 6044 Brooklyn Boulevard 6c.RESOLUTION NO. 2015-01 DESIGNATING OFFICIAL NEWSPAPER 6d.RESOLUTION NO. 2015-02 DESIGNATING DEPOSITORIES OF CITY FUNDS 6e.RESOLUTION NO. 2015-03 APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND! OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION, PETS UNDER POLICE SECURITY, PROJECT PEACE, TWIN LAKES JOINT POWERS ORGANIZATION, AND MINNEAPOLIS NORTHWEST CONVENTION & VISITORS BUREAU 6f.RESOLUTION NO. 2015-04 APPOINTING MUNICIPAL TRUSTEES TO THE BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION BOARD OF TRUSTEES 6g.RESOLUTION NO. 2015-05 RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS 6h.RESOLUTION NO. 2015-06 GRANTING CORPORATE AUTHORITY FOR SIGNING OF CHECKS AND TRANSACTION OF FINANCIAL BUSINESS MATTERS 6i.RESOLUTION NO. 2015-07 CALLING FOR A PUBLIC HEARING REGARDING PROPOSED USE OF 2015 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 6j.AN ORDINANCE AMENDING CHAPTER 35— ZONING OF THE CITY CODE OF ORDINANCES REGARDING THE REGULATION OF OUTDOOR STORAGE AND OUTDOOR SALES DISPLAY AREAS IN THE I-i INDUSTRIAL PARK DISTRICT -- MOTION TO APPROVE 01/12/15 -4- DRAFT FIRST READING AND SET SECOND READING AND PUBLIC HEARING FOR FEBRUARY 9,2015 6k. RESOLUTION NO. 2015-08 AMENDING THE HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT 61. APPLICATIONS AND PERMITS FOR TEMPORARY ON-SALE LIQUOR LICENSES SUBMITTED BY ST. ALPHONSUS CHURCH, 7025 HALIFAX AVENUE NORTH, FOR SPECIAL EVENTS TO BE HELD FEBRUARY 14, AND MARCH 14, 2015 6m.CONSIDERATION OF CITY COUNCIL RETREAT DATES This item was reconsidered prior to Item 11, Council Reports. 6n.RESOLUTION NO. 2015-09 ACCEPTING THE OFFER OF THE MINNESOTA PUBLIC FACILITIES AUTHORITY TO PURCHASE A $19,662,352 TAXABLE GENERAL OBLIGATION WATER REVENUE NOTE, SERIES 2015, PROVIDING FOR ITS ISSUANCE AND AUTHORIZING EXECUTION OF A BOND PURCHASE AND PROJECT LOAN AGREEMENT FOR THE NOTE Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a.RESOLUTION NO. 2015-10 EXPRESSING RECOGNITION AND APPRECIATION OF CAROL KLEVEN FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER Mayor Willson read in full a Resolution expressing recognition and appreciation of Carol Kieven for her dedicated public service as Council Member. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 20 15-10 Expressing Recognition and Appreciation of Carol Kieven for her Dedicated Public Service as Council Member. Motion passed unanimously. 7b.RESOLUTION NO. 2015-11 EXPRESSING RECOGNITION AND APPRECIATION OF KATY HARSTAD FOR HER DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION Mayor Willson read in full a Resolution expressing recognition and appreciation of Katy Harstad for her dedicated public service on the Planning Commission. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt 01/12/15 -5- DRAFT RESOLUTION NO. 2015-11 Expressing Recognition and Appreciation of Katy Harstad for her Dedicated Public Service on the Planning Commission. Motion passed unanimously. 7c.RESOLUTION NO. 2015-12 EXPRESSING RECOGNITION AND APPRECIATION OF EPHRAIM OLANI FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION Mayor Willson read in full and presented a Resolution expressing recognition and appreciation to Ephraim Olani for his dedicated public served on the Housing Commission. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2015-12 Expressing Recognition and Appreciation of Ephraim Olani for his Dedicated Public Service on the Housing Commission. Motion passed unanimously. 7d.RESOLUTION NO. 2015-13 EXPRESSION RECOGNITION AND APPRECIATION OF MANDORA YOUNG FOR HER DEDICATED PUBLIC SERVICE ON THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Willson read in full and presented a Resolution expressing recognition and appreciation to Mandora Young for her dedicated public service on the Northwest Hennepin Human Services Council Advisory Commission. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2015-13 Expressing Recognition and Appreciation of Mandora Young for her Dedicated Public Service on the Northwest Hennepin Human Services Council Advisory Commission. Motion passed unanimously. 7e. PRESENTATION OF RESOLUTION BY MINNESOTA COMMUNITY POLICING SERVICES - RECOGNITION OF COUNCILMEMBER APRIL GRAVES Representatives of Minnesota Community Policing read in full and presented a resolution of the Minnesota Community Policing Services recognizing Councilmember Graves for her historical and esteem accomplishment of being duly elected as the first woman of color in the City of Brooklyn Center. Councilmember Ryan moved and Councilmember Myszkowski seconded to accept the resolution of the Minnesota Community Policing Services Board of Commissioners expressing recognition of Councilmember April Graves and to enter it into public record. 01/12/15 -6- DRAFT Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AREA IMPROVEMENTS City Manager Curt Boganey introduced the item and indicated these items were published in the official newspaper on December 18 and 25, 2014, and are offered this evening for Public Hearing. 1. RESOLUTION NO. 2015-14 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2015-01, 02, 03, AND 04, FREEWAY PARK AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS City Engineer Steve Lillehaug described the process for consideration of improvement projects and special assessments. He then presented Improvement Project Nos. 20 15-01, 02, 03, and 04 for the reconstruction of roadway, storm drainage, and utility improvements for the residential neighborhood area commonly referred to as the Freeway Park Area. Mayor Willson asked whether water lines subject to freezing will be replaced or addressed during this reconstruction project. Mr. Lillehaug advised that any water service lines that have frozen in the past or have potential to freeze will be insulated as part of this project. Following presentation of the improvement project, Mr. Lillehaug stated special assessments are proposed as one of several funding sources for the full street reconstruction and drainage improvements located within the Freeway Park area. It was noted that the feasibility report includes a preliminary assessment roll identifying approximately 204 residential properties that are zoned R-1, six multi-family properties with 101 units that are zoned R-3, and two commercial properties that are zoned C-i. Mr. Lillehaug presented special assessment rates for each type of property and described payment options. It was noted that partial prepayments cannot be accepted and bills are not sent to the property owner. Based on the preliminary estimated amounts, it is estimated the approximate monthly payment will range from $46 to $66. Mr. Lillehaug presented the anticipated project schedule and recommended proceeding to hold the Public Hearings. Councilmember Ryan asked about the installation and maintenance responsibilities for rain gardens installed as part of this project. Mr. Lillehaug explained there will be private maintenance agreements with the property owner for maintenance of rain gardens. With regard to tree preservation, Mr. Lillehaug stated the City Forster has inspected the large mature oak trees on the south edge of this project and the City will do its best to preserve those trees. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the Public Hearing. 01/12/15 -7- DRAFT Motion passed unanimously. Lance Reep, 6700 France Avenue N., stated his concern relating to the width of the street at 22 feet and how far into the property it will go. He also asked about driveway and sidewalk/step repair and if the City will assure the grade is properly addressed. Mr. Lillehaug explained that the right-of-way extends about 15 feet behind the back of the curb, any area disturbed will be restored, and staff will address driveway and sidewalk/step issues on a one-on-one basis with each property. Mary Kaluza-Riviere, 3119 Thurber Road, asked if her property taxes will increase with this improvement beyond payment of the assessment. Mayor Willson indicated it is difficult to say what will happen with property values but the City is seeing values increase so there is a possibility that property values will increase beyond payment of the assessment. Annette Plante, Earle Brown Estates, 6641 Xerxes Place N., stated her access is off Freeway Boulevard and asked if it will be maintained. Mr. Lillehaug indicated there will be only minor repairs to the storm sewer in that area so it will be less impactful and access will be provided at all times with restrictions coordinated with the townhome association. Property owner at 6800 Abbott Avenue N. asked where the ground water will end up once storm drains are installed. Mr. Lillehaug displayed a map and described the pattern of surface drainage to the north, to the stormwater pond, and eventually to the Mississippi River. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-14 Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2015-01, 02, 03, and 04, Freeway Park Area Street, Storm Drainage, and Utility Improvements. Motion passed unanimously. 2. RESOLUTION NO. 2015-15 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2015-01 AND 2015-02, FREEWAY PARK AREA STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. 01/12/15 -8- DRAFT A representative of Spiritual Life Church, 6865 Shingle Creek Parkway, noted that only two commercial properties, zoned C-1, are being assessed. He stated Spiritual Life Church is a non- profit recognized by the City and had been granted an exemption from ad valorem taxes in 1999. In 2008, improvements were made to Xerxes Avenue and the Church paid those assessments of $9,800 in good will. This time they object to the assessment and had submitted that objection in writing on December 18, 2014. He stated Spiritual Life Church has no objection to the project but is asking to be exempted from the $37,000 assessment, noting in other cases churches have argued successfully to not be assessed and recently courts have ruled the assessment needs to bring specific value to the assessed property. He stated the Spiritual Life Church is here for the benefit of residents, has worked cooperatively with the City in the past, and asked the City Council to consider removing this assessment. Mayor Willson stated he was on the City Council when Spiritual Life Church wanted to build in Brooklyn Center. He explained that if the Church does not pay its portion, that cost needs to be spread to other properties in the project. Mayor Willson stated if the Church contests the assessment, the matter will be referred to staff and then considered by the City Council at its next meeting. Attorney LeFevere stated the Spiritual Life Church has raised an objection whether they can be assessed and whether there is special benefit to the property. Mayor Willson stated the City has found it will bring benefit to the property. Attorney LeFevere stated the City Council typically brings an objection to staff who will then make a presentation at the next meeting. He advised that if the Church is not happy with the City's finding, it can appeal to District Court; however, the Church must file a written objection at tonight's hearing and give it to the Mayor in order to preserve its right to appeal to District Court. Spiritual Life representative stated the Church will file that written objection tonight. Aaron Crouch, 3307 67th Avenue N., asked if the assessment is tax deductible with the State. Attorney LeFevere recommended Mr. Crouch consult with his tax advisor whether it can be properly deducted as a real estate tax. Sam stated he is speaking on behalf of his sister Marilyn who lives at 68th and Zenith Avenues N. He stated his sister is not opposed to the assessment but they do object to the interest being charged. He suggested property owners be allowed to pay the assessment without interest. Mayor Willson explained this is a standard interest rate that all have paid so this is not a unique consideration. In addition, the City is borrowing $5 million to fund the project so in order for the City to pay back those funds, it needs to receive an interest amount on the assessment. Jeremiah Sandahi, 6819 Drew Avenue N., referenced the handout provided to residents in November indicating the cost was estimated at $1.1 million but tonight $1.3 million was quoted. Mayor Willson explained it is an estimate, as the bids have not yet been awarded. Mr. Sandahl asked why removing a France Avenue sidewalk did not lower the project cost. Mr. Lillehaug stated the assessments were estimated and when the feasibility study is completed, properties will be inventoried to determine if any have been previously assessed. When those numbers are fine-tuned, the number will be precise. Pertaining to the project cost estimates, he 01/12/15 -9- DRAFT explained the original improvement plan did not include dollars for sidewalks or trails along France or 67th Avenues N. Mr. Sandahi stated his objection to being forced to pay for sidewalks through some manner and urged the City Council to use fiscal responsibility. Mr. Lillehaug explained how sidewalks are funded through franchise fees and that whether or not sidewalks are installed, it will not change the assessment on this project. Daniel Malm, 6800 block of Beard Avenue N., asked whether the materials (concrete) will be inflated in cost because of the many other projects occurring in the metro area. Mayor Willson stated the bids have not yet been received but the costs will be as the market bears. Mr. Lillehaug stated the City has an annual program to make improvements to certain neighborhoods and the first cycle will be completed in 2021. Mr. Ulm suggested delaying the projects until after the Viking's stadium and other large projects are completed. Mayor Willson explained that doing so would hold up the entire program and the City Council has been adamant to complete the 30-year program to address the City's infrastructure and then, at that point, determine whether another cycle of improvements is warranted, Mr. Lillehaug stated staff will look at each bid item and if the costs are exorbitant, it will be brought before the City Council for final approval. Spiritual Life Church, 6865 Shingle Creek Parkway, submitted a written objection to the special assessment to Mayor Willson. Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-15 Certifying Special Assessments for Improvement Project Nos. 2015-01 and 2015-02, Freeway Park Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls, excluding Spiritual Life Church, 6865 Shingle Creek Parkway, for consideration at the January 26, 2015, Council meeting. Motion passed unanimously. 3. RESOLUTION NO. 2015-16 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2015-05, 06, 07, AND 08, 63RD AVENUE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. Lillehaug presented Improvement Project Nos. 2015-05, 06, 07, and 08 for the reconstruction of roadway, storm drainage, and utility improvements for the residential neighborhood area commonly referred to as the 63' Avenue (west of Brooklyn Boulevard) area. 01/12/15 -10- DRAFT Following presentation of the improvement project, Mr. Lillehaug stated special assessments are proposed as one of several funding sources for full street reconstruction and drainage improvements located within the 63' Avenue project area. It was noted the feasibility report includes a preliminary assessment roll identifying approximately 59 residential properties that are zoned R-1, one school property that is zoned R-1, one church property that is zoned R-1, and one commercial property that is zoned C-2. Mr. Lillehaug presented special assessment rates for each type of property and described payment options. It was noted that partial prepayments cannot be accepted and bills are not sent to the property owner. Based on the preliminary estimated amounts, it is estimated the approximate monthly payment will range from $46 to $66. Mr. Lillehaug presented the anticipated project schedule and recommended proceeding to hold the public hearings. Councilmember Lawrence-Anderson asked about the areas of asphalt placed at the corners as part of the 2014 project. Mr. Lillehaug explained that is not the standard going forward and the bituminous curb and ramps were placed temporarily in anticipation of the 2015 project. Mr. Lillehaug explained what components of the improvement will be assessed and how the assessment rates for improvement projects are kept relatively constant from year to year. Councilmember Graves asked why the commercial space is being assessed for only one side. Mr. Lillehaug explained that Odyssey will be assessed on its frontage prorated at the same rate that residential properties pay. He described the City's Assessment Policy for commercial and industrial properties and how those assessments are calculated. Councilmember Ryan moved and Councilmember Myszkowski seconded to open Public Hearing. Motion passed unanimously. Steve Olson, on behalf of his mother, Delores Olson, 6301 Halifax Drive, stated their concern with the ten-foot asphalt trail proposed to be installed on the north side, noting it was changed from a five-foot sidewalk. Mr. Olson offered an alternative to move the ten-foot trail, if constructed, to the edge of the road without a five-foot boulevard between the trail and the curb, which would minimize impact to the front yard. Mr. Olson stated their concerns relate to safety as the trail would be interrupted by 12 intersections and stop signs and streetlights would be located within the trail. He asked the City Council to think about having a trail in their front yard that would be plowed by a pick-up truck. The City Council and Mr. Olson discussed the trail alignment, placement, designated bicycle lanes, calming measures within the intersection, and potential safety issues. Mr. Olson stated he is only representing himself and asked if the community survey provided input on whether residents were for or against the proposed trail. He asked the City Council to conduct further study whether this trail is necessary and if it is supported by residents. Mayor Willson explained the benefit of sidewalks and trails to create Livable Communities. 01/12/15 -11- DRAFT Jack Kemp, 4901 63r1 Avenue N., stated many of his questions have been answered but he would like to know more about how to manage access and parking during the time the road is torn up. He stated he would like his car, which has expensive equipment attached, to be parked in his garage every night to assure it is not vandalized. Mayor Willson stated there will be a detour with signage but local residents will be able to use the road and have access to their property. Mr. Lillehaug stated it is expected residents will have access to their driveway and garages each morning and evening. He stated the City will work with residents to address their needs but there may be an exception of several days when concrete driveway aprons are poured. Mr. Lillehaug stated the City will be coordinating with residents on a daily basis. Dave Hreha, corner of Perry and 63rd Avenues N., stated he thinks the bike trail is not safe due to the 12 intersections and a bike trail in this location is not needed. Linda Leach, 492163 rd Avenue N., stated she is totally opposed to the bike path, noting there is a bike trail on 65 "' She felt all in the area should pay for the improvements, not just those living directly on 63rd Avenue as it is a corridor that all use... Ms. Leach supported increased police patrol to address speeding vehicles and stated she thinks residents should be able to vote on this improvement project. Mayor Willson agreed 63' Avenue N. is being used as a main street and explained that calming measures have been used successfully on other roads. Ms. Leach stated she has lived in Brooklyn Center for 19 years and is disappointed residents did not receive this information several years ago. She stated she went door-to-door to visit neighbors and most were adamantly opposed to the trail. Mayor Willson encouraged Ms. Leach to provide that information to Mr. Boganey. Ms. Leach stated her additional objections to the assessments as all utilize 63 Id Avenue N. and inconvenience that will be experienced by residents. Mr. Lillehaug clarified that narrowing the lanes to 11 feet is not considered to be a 'narrow lane' for a low speed 30 mph roadway and will accommodate all modes of transportation. Esther Hester, 6301 Indiana Avenue N., asked if there are plans for bus shelters along this bus route, Mr. Lillehaug described the location of two bus stops with benches that will be installed. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 20 15-16 Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2015-05, 06, 07, and 08, 63' Avenue Street, Storm Drainage, and Utility Improvements. Motion passed unanimously. 01/12/15 -12- DRAFT 4. RESOLUTION NO. 2015-17 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2015-05 AND 2015-06, 63RD AVENUE STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Myszkowski seconded to open Public Hearing. Motion passed unanimously. Linda Leach, 4921 63 d Avenue N., asked why an itemized bill cannot be sent. Mayor Willson asked if she was contesting the assessment, Mr. Leach answered in the affirmative. Mayor Willson asked her to submit that objection in writing tonight so her property can be pulled from consideration and addressed by staff at a future meeting. Mr. Boganey stated if a person chooses to not pay the full amount in advance and the assessment goes against the taxes, the property owner will receive a statement each year from the County along with their tax statement. Upon inquiry by Mayor Willson, Ms. Leach indicated she had reconsidered and will not submit a written objection to the assessment. Councilmember Ryan moved and Councilmember Myszkowski seconded to close Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Mayor Willson seconded to adopt RESOLUTION NO. 2015- 17 Certifying Special Assessments for Improvement Project Nos. 2015-05 and 2015-06, 63rd Avenue Street And Storm Drainage Improvements to the Hennepin County Tax Rolls. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS —None. 10.COUNCIL CONSIDERATION ITEMS lOa. SELECTING PRESIDING OFFICERS - PRESIDENT PRO TEM AND ACTING PRESIDENT PRO TEM Mayor Willson recommended ratification of Dan Ryan as President Pro Tem and Lin Myszkowski as Acting President Pro Tern. 01/12/15 -13- DRAFT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to ratify the following 2015 Mayoral Appointments: President Pro Tern Dan Ryan Acting President Pro Tern Lin Myszkowski Motion passed unanimously. lOb. RESOLUTION NO. 2015-18 DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER Mayor Willson introduced the item and read in full a Resolution expressing the City Council's commitment to the Brooklyn Center City Charter. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-18 Declaring Commitment to the Brooklyn Center City Charter. Motion passed unanimously. lOc. MAYORAL APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY REPRESENTATIVE! VOTING DELEGATES FOR OTHER ORGANIZATIONS FOR 2015 Mayor Willson recommended ratification of a slate of 2015 appointments to serve as liaisons to City advisory commissions and as City representatives and voting delegates for other organizations. Councilmember Ryan moved and Councilmember Graves seconded to ratify the following 2015 Mayoral Appointments: Commission/Organization Council Member Financial Commission Lin Myszkowski Housing Commission Kris Lawrence-Anderson Park and Recreation Commission April Graves Ad Hoc Youth Advisory Commission Lin Myszkowski Crime Prevention Program April Graves Earle Brown Days Committee Kris Lawrence-Anderson; Tim Willson - Alternate League of Minnesota Cities Dan Ryan; Tim Willson - Alternate Metro Cities Dan Ryan; Tim Willson - Alternate North Hennepin Area Chamber of Commerce Tim Willson Motion passed unanimously. lOd. AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY CODE OF 01/12/15 -14- DRAFT ORDINANCES RELATING TO POTENTIALLY DANGEROUS DOGS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance to address the process and charge a fee for contesting and appealing sterilization of dogs declared potentially dangerous by the Animal Control Officer. If granted first reading tonight, second reading and public hearing would be set for February 9, 2015. Mayor Willson explained who serves on the Dangerous Dog Committee and described their recent consideration of a case where sterilization of a dangerous dog was contested. He stated his support for the ordinance. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the first reading of an Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Potentially Dangerous Dogs and set second reading and Public Hearing for February 9, 2015. Motion passed unanimously. lOe. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process that will now be used to consider Type IV 6- Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items lOel through 1Oe13. lOel.4200 LAKEBREEZE AVENUE 10e2.7106 HALIFAX AVENUE NORTH 10e3.132068 1h LANE 10e4.5700 CAMDEN AVENUE NORTH 10e5.5930 CAMDEN AVENUE NORTH 10e6.6349 HALIFAX DRIVE 10e7.7240 WEST RIVER ROAD 1. RESOLUTION NO. 2015-19 APPROVING A TYPE IV RENTAL LICENSE FOR 7240 WEST RIVER ROAD 10e8.170671ST AVENUE NORTH 1. RESOLUTION NO. 2015-20 APPROVING A TYPE IV RENTAL LICENSE FOR 1706 718T AVENUE NORTH 10e9.6601 CAMDEN DRIVE 1. RESOLUTION NO. 2015-21 APPROVING A TYPE IV RENTAL LICENSE FOR 6601 CAMDEN DRIVE lOelO.5755 HUMBOLDT AVENUE NORTH 1. RESOLUTION NO. 2015-22 APPROVING A TYPE IV RENTAL LICENSE FOR 5755 HUMBOLDT AVENUE NORTH Well.7000 JAMES AVENUE NORTH 01/12/15 -15- DRAFT 1. RESOLUTION NO. 2015-23 APPROVING A TYPE IV RENTAL LICENSE FOR 7000 JAMES AVENUE NORTH 10e12. 5820 LOGAN AVENUE NORTH 1. RESOLUTION NO. 2015-24 APPROVING A TYPE IV RENTAL LICENSE FOR 5820 LOGAN AVENUE NORTH 10e13. 7212 WILLOW LANE 1. RESOLUTION NO. 2015-25 APPROVING A TYPE IV RENTAL LICENSE FOR 7212 WILLOW LANE Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 4200 Lakebreeze Avenue, 7106 Halifax Avenue North, 1320 68th Lane, 5700 Camden Avenue North, 5930 Camden Avenue North, 6349 Halifax Drive, to adopt RESOLUTION NO. 2015-19, Approving a Type IV Rental License for 7240 West River Road, to adopt RESOLUTION NO. 2015-20, Approving a Type IV Rental License for 1706 71st Avenue North, to adopt RESOLUTION NO. 2015-21, Approving a Type IV Rental License for 6601 Camden Drive, to adopt RESOLUTION NO. 2015-22, Approving a Type IV Rental License for 5755 Humboldt Avenue North, to adopt RESOLUTION NO. 2015-23, Approving a Type IV Rental License for 7000 James Avenue North, to adopt RESOLUTION NO. 2015-24, Approving a Type IV Rental License for 5820 Logan Avenue North, and to adopt RESOLUTION NO. 2015-25, Approving a Type IV Rental License for 7212 Willow Lane, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 6m. RECONSIDERATION OF CITY COUNCIL RETREAT DATES The City Council agreed with the suggestion of Mr. Boganey to reconsider Consent Agenda Item 6m to select dates for the City Council Retreat. Mr. Boganey indicated the suggested dates are February 6 and 7 or 20 and 21, 2015. The City Council reviewed their schedules and discussed availability. Mr. Boganey stated he will advise of the venue once scheduled. The City Council discussed whether a third session should be considered. Mayor Willson moved and Councilmember Myszkowski seconded to schedule the City Council Retreat on February 6 and 7, 2015, at a location to be determined. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: January 8, 2015, Regretted not being able to attend the Mayor's State of the City Address 01/12/15 46- DRAFT • January 19, 2015, Martin Luther King Civil Rights Forum • January 21, 2015, City Stormwater Protection Plan Presentation • January 22, 2015, Brooklyn Center Business Association Luncheon • February 1, 2015, Lions Waffle Breakfast Councilmember Ryan stated tonight is the first meeting of his third term. He extended his appreciation for the opportunity to serve the City, to his wife, his team of campaign volunteers, and the City's voters. Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • December 10, 2014, 63rd Avenue Traffic Calming Workshop • January 5, 2015, Brooklyns Youth Council • January 6, 2015, Meeting with Amber Smith of Partnership for Change Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • December 10, 2015, 63rd Avenue Traffic Calming Workshop • January 5, 2015, Brooklyn Center Business Association Board Meeting • January 7, 2015, Odyssey Board Meeting Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • January 7, 2015, Staff Orientation • Meeting with Kelsey to facilitate a Workshop at the February 13, 2015, Minneapolis Partners for Youth Conference • January 13, 2015, Osseo District Drum and Dance Rehearsal for Native American Parents • January 14, 2015, High School Parent Support Group Meeting • January 19, 2015, Martin Luther King Day Annual March in St. Paul Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: January 8, 2015, State of the City Address with the Local Chamber Mayor Willson thanked staff for their assistance with the State of the City Address, which was well received. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City Council meeting at 10:13 p.m. Motion passed unanimously. 01/12/15 -17- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JANUARY 12, 2015 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 10:28 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Police Chief Kevin Benner, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CONSIDERATION OF HEARING FOR TOBACCO RELATED PRODUCTS LICENSE FOR ABDOU JAITEH - continued Councilmember/Commissioner Myszkowski referenced the last paragraph of Attorney LeFevere's memorandum and stated, support for the second option as follows: "The second option is for the City Council/EDA to conclude that it is not interested in pursuing consideration of a denial solely on the basis of a conviction of the owner and a conviction of an employee over the past two years. This would be consistent with past practices in the case of both liquor and tobacco violations of law by sale to minors where the City Council/EDA has considered or imposed other sanctions such as criminal prosecution and civil penalties without revoking an existing license, or denying a renewal or new application." The consensus of the City Council/EDA supported the second option as reflected above. City Manager Curt Boganey stated staff will then not interpret the ordinance to read that an individual that meets one of the seven elements is automatically denied. Thus, staff will draft amendments to clarify the language and the two current applications will be placed on a future agenda for consideration of license approval. City Attorney Charlie LeFevere stated the criminal process is over and the ordinance calls for civil sanctions, which will be pursued. POLICE - COMMUNITY RELATIONS Mr. Boganey introduced the topic and requested City Council/EDA direction regarding the 01/12/15 -1- DRAFT outcomes expected from a process to engage the public about police-community relationships. He stated it would be helpful for staff and Police Chief Benner to receive City Council/FDA direction as to the outcome desired because once determined, staff can develop an action plan and alternatives to achieve the City Council's desired outcomes. Councilmember/Commissioner Myszkowski stated her appreciation to staff for the information provided and offered the following: to inform; to listen, and ultimately to gain understanding. She stated the intent is mostly to 'open the door' to dialogue. Councilmember/Commissioner Myszkowski stated she thinks the Brooklyns Youth Council is also having difficulty discussing these issues amongst themselves and while no one has called her with concerns, she is aware of conversations among African American men who feel they do not have a voice. Councilmember/Commissioner Myszkowski suggested crafting something with give and take, such as a candidate forum to open that dialogue. Councilmember/Commissioner Ryan stated he appreciates those thoughts. He stated he has also not received a request for such a dialogue but when he attends the Martin Luther King Forum, anticipates receiving a lot of questions. He stated if the City Council/FDA determines to pursue this, he is leaning toward an educational presentation forum to explain the great work of the City's Police Department, engage in a dialogue, and meet members from the City's diverse communities who have engaged with the City's Police Department. In that way, residents can hear of the Police Department's efforts from those in their communities. Councilmember/ Commissioner Ryan felt it was absolutely essential for the City's Police Officers to embody the City Council' s/FDA' s values and be committed to serve those they are paid to serve. Mayor/President Willson stated he would not oppose an information piece, noting the target group would have to be identified. He stated he believes the City's Police Department is doing well; however, the perception by individuals of color is that they are being discriminated against. He described his need to defend against the erroneous impression that they are being treated differently only because of their race, color, and/or creed because he does not see that in practice in Brooklyn Center. Mayor/President Willson stated if there is something positive the City can do, he would support it, but is unsure of the population segment to which they would provide that information. He asked if a series of different informational pieces should be considered for different ethnic groups within Brooklyn Center. He stated the information on inclusion and diversity could also be brought forward as well as soliciting those who are interested in serving in that capacity. Councilmember/Commissioner Graves stated when Police Chief Benner spoke at the orientation, she found him to be honest and sincere. She suggested providing information to the community about the Brooklyn Center Police Department to build trust. Councilmember/Commissioner Graves noted it is also good to have people who 'look like you' to be the ones giving that information, resulting in word of mouth more than an invitation from City Hall. She suggested an informational session to give out statistics, stopping rates and what those people look like, types of violations, and to use a community café-style format that gives an opportunity to complain to one another and build affirming relationships. Councilmember/Commissioner Graves felt that would be a good place to start as well as a tour of the Police Department, and to address the ratio of color on the Brooklyn Center Police Department. 01/12/15 -2- DRAFT Mayor/President Willson indicated he does not support hiring by a set ratio but supports hiring the best officers making application and to better reflect the diversity of the City. He commented on the cadet program that has attracted others but his trepidation is that an informational forum could devolve into a complaint session. Councilmember/Commissioner Graves stated she understands that situation but if you grew up in North Minneapolis, you would find arrests and stops are different, and that location is only ten minutes from Brooklyn Center. She stated she has family members and others who are not comfortable coming to Brooklyn Center/Brooklyn Park and even though she has never been arrested, she is not comfortable with having a Police car pull up into her driveway to drop off City Council packets. Mayor/President Willson stated the City has put a high priority on inclusion and bringing in people of color. The City has a good relationship with the Liberian community and faith-based community and the City Council/EDA has worked very hard to change the City's image. He indicated he also had trepidation if the press is at the forum and the event becomes something it is really not. Councilmember/Commissioner Graves stated as long as someone is not telling them how they should feel about it, it will be appreciated. She suggested the forum be led by someone from the community who represents the audience. Mr. Boganey asked who the audience is that the City Council/FDA wants to reach. Councilmember/Commissioner Myszkowski stated it would be anyone who wants to come. Mr. Boganey asked what the issue is to be addressed. Councilmember/Commissioner Myszkowski stated Police Chief Benner could talk about how 'Ferguson' could not happen in Brooklyn Center. Mr. Boganey stated the issue may be why Brooklyn Center is not and will not become Ferguson. Councilmember/Commissioner Graves stated Minnesota is considered to be the worst place to raise African American males, perhaps because of 'Minnesota Nice.' She felt it was not an aversion to' deal with the issues but rather that no one wants to get enmeshed in the issues or be challenged to meet the issues. Councilmember/Commissioner Lawrence-Anderson stated she supports inclusion and open government and thinks education is important to work with the Police Department. She supported inviting those participants who are already active in the community, such as the Youth Council, but worries that the City could lose control of the situation and the forum could turn out more negative than the intent because currently tension is high. Councilmember/Commissioner Lawrence-Anderson felt that an open forum is not the right way to go at this time. The City Council/EDA acknowledged there is currently not a consensus relating to this item. 01/12/15 -3- DRAFT Police Chief Kevin Benner described his work and that of the Police Department to improve public relations and the opportunity to work with the Area Minister Association, which represents a 'wide net' of 26 churches, as well as the Joint Community Police Department that was created for this purpose. Police Chief Benner stated he will do a better job of informing the City Council/EDA of those activities in upcoming reports. The consensus of the City Council/EDA was to continue this conversation at a future date. ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Lawrence- Anderson seconded adjournment of the City Council/Economic Development Authority Work Session at 11:10 p.m. Motion passed unanimously. 01/12/15 -4- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: January 20, 2015 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on January 26, 2015. 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. LIOUOR - CLASS B ON-SALE INTOXICATING. SUNDAY. AND 2 AM Jammin Wings LLC dba Jammin Wings 2590 Freeway Boulevard Subject to submittal of proof of payment of 2nd half 2014 property taxes, City utilities, and license fee paid by cash, certified check, or cashier's check. MECHANICAL Stern Heating/Cooling Inc. Total Refrigeration RENTAL See attached report. TOBACCO RELATED PRODUCT Regal Foods Corp 34181 180th Avenue, Red Wing 949 South Concord Street, South St. Paul 615 66 t" Mission: Ensuring an attractive, clean, safe, inclusive conznwnitj' that enhances the quality of life for al/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 I 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 111—I 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 or more units 0-0.35 Decrease 1 1-2 -- -Greater than 1 but not more than 3 Category3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. 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(UII)C11) 0 0 - '- a) U)0 4-'9- U) 0 C O ai a) C 2 . a) U)I) U)0 CU- a) CH a) U). —IL ** * * * * City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM DATE: January 20, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk >4\WA-4 4^t^ SUBJECT: Resolution Changing Polling Locations for Precincts 4 6, and 7 Recommendation: It is recommended that the City Council consider adoption of Resolution Changing Polling Locations for Precincts 4, 6, and 7. Background: PRECINCT 4 In June 2014 I received notification from The Church of Saint Aiphonsus, 7025 Halifax Avenue North, that it wished to cease serving as a polling location for Precinct 4 following the 2014 elections. Fortunately, Pastor Judy Fornara of Spiritual Life Church, 6865 Shingle Creek Parkway, had previously inquired about the church serving as a polling location. I contacted Pastor Judy and she is excited to work with the City and have the church as a polling location. The voting will take place in Fellowship Hall, which is a very large room that accommodates up to 400 people and meets the accessibility requirements of Minn. Stat. §204B.16, subd. 5. The parking lot is very large, provides several handicapped parking spaces, and is readily accessible to the entrance to Fellowship Hall. PRECINCT 6 For several years Northport Elementary School, 5421 Brooklyn Boulevard, served as the polling location for Precinct 6; however, in 2012 and 2014 Brookdale Covenant Church, 5139 Brooklyn Boulevard, served as the polling location for Precinct 6 due to the extensive renovations and reconstruction at Northport Elementary School. The renovations at Northport Elementary School are complete, and Principal Leona Derden welcomes the City to use the school as the polling location for future elections. The voting will take place in the gym, which is sufficient in size to meet the accessibility requirements of Minn. Stat. §204B.16, subd. 5. PRECINCT 7 In 2012 and 2014 Odyssey Academy, 6201 Noble Avenue North, served as the polling location for Precinct 7. During the 2014 General Election, the City was notified that the gym would not be available for use as a voting room. Unfortunately with such short notice, voters were redirected to a small classroom and hallway. The area did not provide ample space or accessibility for voters and would not be adequate in future elections, especially Presidential election years. Cross of Glory Lutheran Church served as a polling location for Precinct 7 for a number of years; however, the area became insufficient in size to accommodate voters. I toured Unity Temple to assess its accessibility, and the lower level room is sufficient in size, but it is not accessible for persons with disabilities. There are no other locations within the boundaries of Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Precinct 7 that would meet the requirements of serving as a polling location. Therefore, I've selected the West Fire Station, 6250 Brooklyn Boulevard, which lies within Precinct 5 on the east boundary of Precinct 7. The voting will take place in the training room, which is sufficient in size to meet the accessibility requirements of Minn. Stat. §204B.16, subd. 5. The requirements to change a polling location are that the governing body of the City shall adopt a resolution designating the polling place for the precinct. A notice must be sent to every affected household with at least one registered voter in the precinct stating the location of the new polling place and must be sent at least 25 days before the next election. If the change is approved, an article informing affected voters will appear in City Watch and the Brooklyn Center Sun-Post. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public (must Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CHANGING POLLING LOCATIONS FOR PRECINCTS 4,6, AND WHEREAS, Minn. Stat. §204B.16, subd. 1 requires the governing body of a municipality to designate polling places for each election precinct; and WHEREAS, the current polling place for Precinct 4 located at The Church of Saint Alphonsus, 7025 Halifax Avenue North, has requested to cease serving as a polling place for elections; and WHEREAS, the City Council is desirous to change the location of the polling place to Spiritual Life Church, 6865 Shingle Creek Parkway, which meets all legal requirements; and WHEREAS, the current polling place for Precinct 6 located at Brookdale Covenant Church, 5139 Brooklyn Boulevard, served as an interim polling place during the renovation of the previous polling place; and WHEREAS, the City Council is desirous to change the location of the polling place to Northport Elementary School, 5421 Brooklyn Boulevard, which meets all legal requirements; and WHEREAS, the current polling place for Precinct 7 located at Odyssey Academy, 6201 Noble Avenue North, is unable to provide a voting room with sufficient space to accommodate voters and meet accessibility requirements; and WHEREAS, the City Council is desirous to change the location of the polling place to Brooklyn Center West Fire Station, 6250 Brooklyn Boulevard, which meets all legal requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the polling locations for Precincts 4, 6, and 7 be changed and are hereby designated as follows: Precinct 4 Spiritual Life Church, 6865 Shingle Creek Parkway Precinct 6 Northport Elementary School, 5421 Brooklyn Boulevard Precinct 7 Brooklyn Center West Fire Station, 6250 Brooklyn Boulevard RESOLUTION NO. January 26, 2015 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. 6d COUNCIL ]ITEM MEMORANDUM DATE: January 20, 2015 TO: Curt Boganey, City Manager FROM: Andrew Hogg, Assistant City Engineer THROUGH: Steve Lillehaug, Public Works Director/City Engineer SUBJECT: Resolution Authorizing the City of Brooklyn Center to Participate in the Minnesota GreenStep Cities Program Recommendation: It is recommended that the City Council consider approval of a resolution authorizing the City of Brooklyn Center to participate in the Minnesota GreenStep Cities program. Background: Several months ago, the City Council inquired about environmental sustainability initiatives of the City and possible additional opportunities. A memorandum and list of sustainability practices was generated which provided a background on the stewardship and approach Brooklyn Center has taken towards the environment and the issue of sustainability. In an effort to continue to improve and promote the steps the City of Brooklyn Center is taking towards the goal of environmental sustainability, it is recommend that the City of Brooklyn Center become a Minnesota GreenStep City. Minnesota GreenStep Cities is a voluntary challenge, assistance and recognition program to help cities achieve their sustainability and quality-of-life goals. GreenStep is a free, continuous improvement program managed by a public-private partnership and is based upon 28 best practices. Each best practice can be implemented by completing one or more actions at a 1, 2 or 3-star level from a list of 4 to 8 actions. These actions are tailored to all Minnesota cities, focusing on cost savings and energy use reduction, and encouraging civic innovation. Minnesota GreenStep Cities is a program which allows the City to receive recognition for the many activities the City has already participated in and provides a way to further implement structured and focused environmental best practices at our own pace in the future. Budget Issues: There are no budget issues to consider. Strategic Priorities: Community Image I).Jisswn: LIJSFITWg an attractive, CIL(!1I, safe, inclusive coin/niunty (lint enhances the quality of li/c or all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO PARTICIPATE IN THE MINNESOTA GREENSTEP CITIES PROGRAM WHEREAS, Minnesota GreenStep Cities is a voluntary challenge, assistance and recognition program to help cities achieve their sustainability and quality-of-life goals. Minnesota GreenStep Cities is a free, continuous improvement program managed by a public- private partnership based upon 28 best practices. Each best practice can be implemented by completing one or more actions at a 1, 2 or 3-star level, from a list of 4 to 8 actions. These actions are tailored to all Minnesota cities, focus on cost savings and energy use reduction, and encourage civic innovation; and WHEREAS, the City of Brooklyn Center has taken steps toward sustainable solutions aiming to improve community quality of life, building community capital and increasing government efficiency, accountability and transparency; and WHEREAS, the Minnesota GreenStep Cities program assists in facilitating technical assistance for the implementation of these sustainable development best practices; and WHEREAS, the Minnesota GreenStep Cities program provides cost-effective sustainable development best practices in the following five categories: (1) Buildings and Lighting; (2) Transportation; (3) Land Use; (4) Environmental Management; and (5) Economic and Community Development; NOW, THEREFORE, be it resolved by the City Council of the City of Brooklyn Center, Minnesota, that the City of Brooklyn Center (City) is hereby authorized to participate in the Minnesota GreenStep Cities program that offers a free, voluntary continuous improvement framework. Passage of this participation resolution allows the City to be recognized as a Step One GreenStep City. Be it further resolved that the City: 1.Appoints the Assistant City Engineer to serve as the City's GreenStep coordinator for best practice documentation/implementation; and 2.Will facilitate the involvement of community members and other units of government as appropriate in the planning, promoting and/or implementing of Minnesota GreenStep Cities best practices; and 3. Grants the Minnesota GreenStep Cities program's buildings advisor read- only access to the City's B3 Benchmarking Database so as to facilitate analysis and cost-savings advice to the City regarding its buildings' energy use; and RESOLUTION NO. 4. Will claim credit for having implemented and will work at its own pace toward implementing any eight (8) Minnesota GreenStep best practices that will result in energy use reduction, economic savings, quality of life improvement, reduction in the City's greenhouse gas footprint, and recognition by the League of Minnesota Cities as a Step Two GreenStep City. An ongoing summary of the City's implementation of best practices will be posted by the City on the Minnesota GreenStep Cities' web site. January 26, 2015 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. Wnnesota 6reerStep Cities Orr Rrn: GreevStep Ctes is a free and vokmbry [ovogram that provides a simpfle pathway to hep cities achieve ther sustainability goals through impliernentation of best practices focused or cost savings, energy use reduction, and innovation. What are the benefit? • Resilient communities o Efficient use of resources o Healthier environments o Active community members What are the best practices? A full set of 28 best practices, or- ganized into the following cate- gories, is available on the program website at www.mnGreenStep.org . • Buildings & Lighting: Focuses on energy- and cost-saving strategies addressing public and private buildings, and other city facilities such as street lighting and traffic signals. • Transportation: Encourages efficient city vehicle fleets and infrastructure that enhances connectivity, mobility options, and active living. • Land Use: Provides best practices to promote green infrastructure, natural resource preservation, efficient city growth, and walkable and bikeable neighborhoods. • Environmental Management: Tackles actions ranging from environmentally-preferable purchasing and urban forests to water quality and solid waste. • Economic & Community Development: Targets best practices that promote sustainable economic development and engage local community members to improve quality of life. W n nesoia Ci r eenStep Cities A simp l e an d flexible program The best practices are straightforward and draw on actions that other cities have already taken. Best practices are constructed to allow cities the flexibility to meet sustainability goals in a variety of ways, recognizing that cities of different sizes and locales I have differing access to both staff support and resources. Recognition criteria for a small city in e Greater Minnesota, for example, are different than criteria for a larger city near a major metro area. inici assiste io take actio Each best practice lists a GreenStep Advisor—with . •specific contact information—who can help guide a city through implementing that best practice. Additional technical assistance options include workshops, agency staff, Clean Energy Resource Teams, nonprofit groups, Americorps, utilities, businesses, retired engineers, and student interns. 25% of Minnesotans live in a GreenStep City Recitk for past actions Cities will be recognized for sustainability actions that they have already completed. Every year cities are recognized for their progress at the League of Minnesota Cities Annual Conference. Step One recognizes cities for formally joining the program through a city resolution. Cities that accomplish an initial set of best practices will be recognized as a Step Two Minnesota GreenStep City, and those that continue to take action can achieve Step Three and beyond. earn more ,side - W- rg! Program Partners: E IVIU,Control Agency GREAT PLAINS LOTA tOMMERCE .CLT" - Z—t^lmmemil '4= CO U L = Dt 0 OL = > :9 0=0 Ocufti co u (0 r C) 0) co E m COco =0 'LI cu rnJcu 0-0 = !' 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C/ E U)3E00Ql' OCoWOu.0 -D co to c cu 01 IL co CD Cci co CD >,- cii IL CD CD 0 0 - i;• • UU -op C)cu Cl)Cl)--cci ZM co !o C J ca )..co com LD 0) 7 -•.•5w0)w0,wccicr: L —I D -'-- YJ I 5lUf!(iw7[I.Rfm W tu W 2'03 Z W J 03 * U JL ( C- City Council Agenda Item No. 6e City of Brooklyn Center Council-Staff Leadership Retreat February 6-7, 2015 Agenda Friday, Feb. 6 1.Light Dinner- Group gathering 5:30PM 2.Call to Order - Mayor 6:00 3.Overview of Retreat - Craig Rapp 4.Effective Governance- Roles and Responsibilities for High Performance 5.Who We Are- Organizational Culture & Value Proposition (presentation/results/discussion) 6.Wrap-Up, Preview Saturday 7. Adjourn 9:00 Saturday, Feb. 7 i. Light breakfast 8:oo/TBD 2.Call to Order - Mayor 8:30AM 3.Brief Review- Friday 4.Where We Are- SWOT Analysis (presentation/results/group work/decisions) 5.Identifying Organizational & Community Challenges 6.Break 10:30 7.Where We're Going- Establishing Strategic Priorities 8. What We Want- Identify Desired Outcomes 9.Lunch 12:15 10.What We Want- Identify Desired Outcomes & Indicators ii. Break 2:30 12.Finalize Key Outcome Indicators 13.Summing Up- Review and Reflect on Retreat 14. Adjourn 4:30 City Council Agenda Item No. 7a [i1SJ[Si P fl N I ah"4 Uh"AI Dk'A (II 1I IiIJh'A I DATE: January 20, 2015 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer S' SUBJECT: Resolution Expressing Recognition and Appreciation of Marc Booth for Over 35 Years of Dedicated Service to the City of Brooklyn Center Recommendation: It is recommended that the City Council consider approval of the attached resolution expressing recognition and appreciation of Marc Booth for his dedicated service to the City of Brooklyn Center. Background: Marc began his employment with the Brooklyn Center Public Works Department on June 25, 1979. He is retiring on January 30, 2015, after more than 35 years of dedicated service to the City of Brooklyn Center. Marc has been an integral employee within in the Public Works Department and has been a consistent thread that has made the department so successful. The attached resolution is in appreciation of the high degree of professionalism and proficiency that Marc provided to the City. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safr, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MARC BOOTH FOR OVER 35 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Marc Booth has been an employee of the City of Brooklyn Center since June 25, 1979, and will retire January 30, 2015, after more than 35 years of dedicated public service to the City of Brooklyn Center and its citizens; and WHEREAS, Marc Booth has consistently provided the City of Brooklyn Center and its residents with dedicated public service during his tenure working in the capacities of Seasonal Summer Employee throughout his college years followed by over 35 years as a Maintenance Worker within the Public Works Department; and WHEREAS, Marc Booth served as the Crew Leader in the Traffic Control Division being responsible for overseeing all aspects of the Sign Shop and was instrumental in the development and refinement of the traffic sign inventory system and development of a pavement marking inventory system. Marc Booth has been recognized for promoting a cooperative working relationship between labor and management through his involvement in the Public Works Labor Management Committee, which he served both as Co-Chair and labor representative. WHEREAS, Marc Booth is a model and mentor for new and upcoming Public Works employees; encouraging education, training and promoting a culture of teamwork in the department. WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the professionalism with which Marc Booth has discharged his duties and made a positive impact on the community of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon the recommendation of the City Manager, that the dedicated public service of Marc Booth is hereby recognized and appreciated by the City of Brooklyn Center. January 26, 2015 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. 10 COUNCIL ITEM MEMORANDUM DATE: January 20, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk )Ur^w _Kw^ SUBJECT: Mayoral Appointment of Members to Serve on Shingle Creek / West Mississippi Watershed Management Commissions Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of David Mulla, 6732 Willow Lane, to serve 'as Commissioner and David Vlasin, 5712 Colfax Avenue North, to serve as Alternate Commissioner on the Shingle Creek I West Mississippi Watershed Management Commissions with term to expire January 31, 2018. Background: Brooklyn Center is a member of both the Shingle Creek Watershed Management Commission and the West Mississippi Watershed Management Commission. Each member city appoints one Commissioner and one Alternate Commissioner. Notice was posted at City Hall and Community Center and on the City's website and aired on Cable Channel 16 beginning December 9, 2014. Official publication was made in the December 18, 2014, edition of Brooklyn Center Sun-Post. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. Copies of the applications received were forwarded to City Council Members in the January 16, 2015, update. Attached for City Council Members only are copies of the applications received: David Mulla 6732 Willow Lane David Vlasin 5712 Colfax Avenue North The applicants were notified that their application for appointment would be considered at the January 26, 2015, City Council meeting. Mayor Willson recommends appointment of David Mulla as Commissioner and David Vlasin as Alternate Commissioner. As previously requested by the City Council, the City Advisory Commission Bylaws are not included in the materials but can be found on the City's website at www.cityofbrooklyncenter.org . The membership roster is also available at this site and in the City Council Reference Book. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust City Council Agenda Item No. lOb COUNCIL ITEM MEMORANDUM DATE: January 20, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk J"4^m^ SUBJECT: Tobacco Related Products License for Abdou Jaiteh, Value Foods, 6820 Humboldt Avenue North Recommendation: It is recommended that the City Council remove this item from the table and consider approval of the tobacco related products license for Abdou Jaiteh, Value Foods, 6820 Humboldt Avenue North. Background: The following information was provided to the City Council at its September 8, 2014, Regular Session: On July 312014, Abdou Jaiteh submitted an application, investigation fee, and pro-rated license fee for a NEW tobacco related products license for Value Foods, 6820 Humboldt Avenue North. A background was conducted, and in a memorandum dated September 2, 2014, Police Chief Kevin Benner outlined his review of the background conducted. Chief Benner' s recommendation, based on Section 23-104 of the City Code, was that the City Council deny the application until the resolution of the criminal case against Mr. Jaiteh for sale of tobacco to a minor at another location in Brooklyn Center (Regal Foods) was resolved. The City Council tabled consideration of the license until the court case was resolved. The City Council was presented with the following information at its January 12, 2015, Work Session: Abdou Jaiteh applied for two tobacco related products licenses: • Value Foods, NEW license application • Regal Foods, RENEWAL license application On December 2, 2014, Mr. Jaiteh plead guilty and was convicted of sale of tobacco to a person under the age of 18. City Code Section 23-104 paragraph 2 states that if the applicant has been éonvicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco products, or tobacco-related devices it shall be grounds for denying the issuance or renewal of a license. The City Council discussed its intent of Section 23-104 of the City Code as it relates to the restrictions and the grounds for denying the issuance or renewal of a tobacco related products license. The Council directed staff to place Mr. Jaiteh' s tobacco related products licenses on the next agenda for approval as well as prepare an amendment to the Tobacco Ordinance clarifying restrictions and qualifications for a license. The renewal tobacco related products license for Regal Foods is on the City Council Consent Agenda. The City Attorney is working on an amendment to the Tobacco Ordinance to be considered at a future Council meeting. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Community Image Mission: Eizsiiring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust City Council Agenda Item No. lOc COUNCIL ITEM MEMORANDUM DATE: January 26, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk if OJUL SUBJECT: Type IV 6-Month Provisional Rental License for 2018 55th Avenue 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 2018 55th Avenue North. 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 II Rental License. This property qualifies for a Type IV Provisional Rental License based on eighteen (18) property code violations found during the initial rental license inspection and zero (0) 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 Rental 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: 08-31-2014 The previous rental license expired. 09-19-2014 The Owner, Chen Xuan Zhou, applied for renewal of the rental dwelling license for 2018 55th Avenue North, a single family dwelling. 10-09-2014 An initial rental license inspection was conducted. 18 property code violations were cited, see attached rental criteria. 11-18-2014 A second rental inspection was conducted and passed with weather deferral. 12-04-2014 City records indicated zero (0) validated police nuisance incidents occurred in the • past twelve months. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for alipeople and preserves the public trust COUNCIL ITEM MEMORANDUM 12-04-2014 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. 12-18-2014 A Mitigation Plan was submitted. 01-07-2015 The Mitigation Plan was finalized. 01-09-2015 $300 Administrative Citation issued for operating without a rental license. 01-12-2015 A letter was sent to the owner notifying that the hearing before the Council will beheld January 26, 2015. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and Mission: Ensuring an attractive, clean, safe, inclusive Community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onl Type I - 3 Year 1 1-2 units 0-1 Type 11-2 Year 1-2 units I Greater than 1 but not more than 4 Type III - 1 Year I 1-2 units Greater than 4 but not more than 8 Type IV - 6 Months 1 1-2 units I Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Mission: Ensuring an attractive, clean, safe, inclusive conwwnity that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 34units - -Greater than 1 - 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: e Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (rust Opill '5, City of Brooklyn Center Phoc: 7635G9S39O )rY 711 6301 Shingle Creek Parkway Fox 7635593350 Brooklyn Center, MN 55430-2109 wwwciryofIyncrer.og Rental License Miti g ation Plan--Type IV Rental License !-Ientht'rittt'u plaits will not be accc'ptrd. Please jse or urrJilfribleforii: on City i,'r'h.vzre. Section A— PzopertInfolmatIon Property Address:2018 55th Ave N Owner Nalne lancelotplopel.ties LLC Local Agent:0,,, Enteip6ses cJo John Stiles & Candau Cbo Owner Address: Aunt Address: 4$42 Nicotet Ave. Mnne3po'is, MN 55419 4942 Nicotet Ave. Minneapots, MN 55419 Owner Phon 763-516-8884 Agent Phone:612554,,7794 Owner Email:realtorchen@hotmail.com Aç'flI F-i)lail:john@urbanrent.com Rental Licui' Nr - Renennl Current License Oak - 4 Pendin Type IV License Exp. (Shy months from,, current Jke,,ss' nvpu-a(1n) Pised on property conditions anWnr validated police nuisance inddents, the above referenced property qualifies for a Type IV Rental License Before your license application can be eoimtdered by the City Council, a Mitigation Plan must be completed and rc k'wcd by City stuff, A ftlly completed Mitigation Plan must be submitted immediately to ensure timely entllpkttOtt of tine licenc application process. The Mitigation Plan should indicate the steps being twit to correct identified violations and the measures that will be taken to ensurc ongoing compliance with City Ordinances and applicable Codes. The Mitiucuon Plan provides an oppoctunity to review property concerns and identify possible solutions to improve the overall conditmns anti management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitiastion Plan requirements within this pending license period and avoid legal actions. Section B— Require d Documents Submit the following documents with the .Mitigation Plan for approval:rn I. Crime Free Housing Program Training Certificate (if completed. if not cotnplcted, please include scheduled date in Section C. 2.Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3.Submit written report by ID" of each month taller license approval). LSe ction (2— Crime Free Housing Pro ram Requirements Phi el V 1 1. Use written lease including Crime Free Housing Lease Addendum, 2.Conduct criminal backgrouttd check for all prospective tenants. Provide documentation to City if requested. 3.Pttrsue the eviction ofwnanIs who violate the tennis of the lease ornmnyddendums Page 1 Type IV Mitigetion Plan Bev 11-16-I1 11 4 d Cit) appiovcd eight hour Crime Free JJousing course. Date Course Completed: or Date Course Scheduled: May16.200_ Phase III v Complete Security A scmein and implentent all security improvernents recommended by the I3fflol'lvn Center Police Dcpu IniCut, —) Date Scheduled: Friday 119 @ 11 AM _ Improvements to be completed by: Phase 111 V will attend i Illininium of 50% of the ARM meetings (two). I will anend tile ARM meetine chedu]ed far: 2015 & \i,rth 12 20I Do these two meeting dates occur before the dTeadh;g lvpe .1VLic',,se expiration dare? Yes No (Sec' SeciioirA) It no, you ill only be able to qualify for a Type IV Rental License upon renewal. V I will have no repeat code violations previously documented within the past year. For properties with four or more imiis I 11 1 will conduct resident training annually that include, crime preenrion techniqu ,1/,/ 11 I wilL hold recular resident meetings. Section D Long Terni C a pi t al Improvements Plan Based on condition ;md age, estimated replacement dates are prided for common capital items.Funding should he considered accordingly, However. items broken, worn or othertvise in violation prior to the estimmed icement dale will recuire earlier corrections. Estimated Date rst Replaced 2035 Water 1-leamer-2012 2022 Kitchen Appliances- -2012 2018 Latmdrvppthmces - ?Jr2 2018 Exterior -Palm/Siding, fascia, trim .---'. 1Before purchas,_ -Windows .2012 2032 -Roof ______Batcci purchase -2020 Betoe purchase 2025 _Slied L1IiIITIiiiTIiI - opermorin 2012 2024 -Driveway -Sxlcwalks_before purchase 2030 Smoke Alarmn & Carbon Monoxide i\lanmt .2013 I 2017 Section E—Sps to Improve Mgetnnt and Conditions of Property Implementing the following best practices may assist in the management of your property. By checking the boxes he/ow, you agree Jo: V I . Drive by praperty tcheck for violadou twice a month. Page 2 Type IV Mitigation Plan Rev 2136-11 f21. 1fl JR1 4. IR5 7. S. LLi±. hvhi tenants in violation of the lease and all tihims. Provide lass uiiow service. Provide garbage serviec, Install security system. Provide nlnhlflenance seivice plan fm appliances. Name of service CO.: I am and voll remain current on payment of utility lees. taxes, smem.c. tines. penalties and otherfinancial claims due to the City. Other(s). Please read thoo11gl1Iv: lithe Type IV Rental License is approved by the City Council, the Licensee must comply with the approvedMitigation Plan and nfl tipplicahle city codes. No later than the 10th of each calendar month. the licnee mustsubmit to the Ruikline and Connuunitv Standards Department a written report describing all steps taken to comply with the Mitigation l'lan. I verify that all intrmation provided above is 1ue and accurate. I tmdttaud that if I do not comply with on approved Mitiatiou 11311. eoiph' with all applicable ordinances within the license period, or operate beyondthe license expiration date: enforcement actions such as citations, formal complaint or license review mayres tilt. John Sti le s _______ I Acem Name and 1 We (Pkrsse I'rinlj 01/05/2015 Yncr oi• Agent SiwiittIre Date Additional Owner or Agent Name and 'J'iilc 1if'?pJ'/ieth/'J (I'/ra.e Print) Additional Owner or Aeem Signature (ifujiplkvi b/ri Dae Police I)cpanmnt i'itic J%n13tE^'o, niunny Standards t)epartmeni / Title t)att Dj Page 3 Type IV Mitigation Nan Rev 11-1612 City Council Agenda Item No. lOd COUNCIL ITEM MEMORANDUM DATE: January 21, 2015 TO: City Council FROM: Curt Boganey, City Manag SUBJECT: Center Point Energy Gas Franchise Agreement Recommendation: We recommend adoption of the ordinance on first reading and to schedule a public hearing for February 23rd at 7:00 p.m. for final consideration. Background: The Franchise Agreement with CenterPoint Energy has expired. We have continued to operate under the existing ordinance since June of 2013. The City Attorney has negotiated the attached ordinance initially proposed as a model ordinance by CenterPoint Energy. The ordinance provides that the City may impose a franchise fee pursuant to State law subject to review by the Public Utility Commission. The ordinance itself does not result in a franchise fee, but rather creates the ability to adopt a franchise fee ordinance. The current franchise fee ordinance with CenterPoint Energy generates approximately $250,000 annually. The current franchise fee ordinance will remain in effect until amended. It has been Council policy to use the funds collected to help pay for the annual street reconstruction program. Budget Issues: The Franchise Agreement with Center Point Energy generates approximately $250,000 annually to support the street construction program. These revenues are included in to 2015 capital projects fund budget. Strategic Priorities: • Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive colninunhty that enhances the quality of fife for all people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23rd day of February, 2015, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance granting a franchise to CenterPoint Energy in the City. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. CenterPoint Energy Gas Franchise Ordinance ORDINANCE NO. AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., d[bla CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT ENERGY"), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF BROOKLYN CENTER, HIENNEPIN COUNTY, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA, DOES ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Brooklyn Center, County of Hennepin, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government that preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPoint Energy Resources Corp., dlb/a CenterPoint Energy Minnesota Gas ("CenterPoint Energy") its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this Franchise. ORDINANCE NO. Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or mixed gas. Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing Gas Energy for retail or wholesale use. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 800 LaSalle Avenue, Minneapolis, Minnesota 55402. Notice to the City shall be mailed to City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, MN. 55340. Any party may change its respective address for the purpose of this Ordinance by written Notice to the other parties. Ordinance. This gas franchise ordinance, also referred to as the Franchise. Public Way. Any highway, street, alley or other public right-of-way within the City. Public Ground. Land owned or otherwise controlled by the City for utility easements, park, trail, walkway, open space or other public property that is held for use in common by the public or for public benefit. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute and sell Gas Energy for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future and also the right to transport Gas Energy through the limits of the City for use outside of the city limits. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to, a public right-of-way ordinance or permit requirements adopted consistent with state law. 2.2 Effective Date; Written Acceptance. This Franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 60 days after the date the City Council adopts this Ordinance, or otherwise inform the City, at any time, that the Company does not accept this Franchise, the City Council by resolution, may either revoke this Franchise or seek its enforcement in a court of competent jurisdiction. 2.3. Service and Gas Rates. The terms and conditions of service and the rates to be charged by Company for Gas Energy in City are subject to the exclusive jurisdiction of the Commission. ORDINANCE NO. 2.4. Publication Expense. Company shall pay the expense of publication of this Ordinance. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, or if Company invokes this paragraph in a challenge to a proposed franchise fee, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this Franchise or for such other relief as may be permitted by law or equity. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this Franchise expires, this Franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow Franchise to expire. However, in no event shall this Franchise continue for more than one year after expiration of the 20-year term set forth in Section 2.1. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds in a location selected by the City. The location and relocation of Gas Facilities shall be subject to reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this Franchise. 3.2. Street Opening s . Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee, unless the City is receiving a franchise fee pursuant to this Ordinance, in which case all permit fees will be waived. Permit conditions imposed on Company shall not be more burdensome than those imposed on other public-right-of-way users for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar Notice to the City before commencement of the emergency repair, if reasonably possible. Within two business days after commencing the repair, Company shall apply for any required permits and pay any required fees. 3.3. Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, the Company shall restore the Public Ways in accordance with Minnesota Rules, Part 7819.1100. Company shall restore the Public Ground to as good a condition as formerly ORDINANCE NO. existed, and shall maintain the surface in good condition for six months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration of the Public Grounds at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. The Company shall not be required to post a construction performance bond. 3.4. Avoid Damage to Gas Facilities. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas Facilities by persons, property, or the elements. The City will comply with requirements of Minnesota Statutes, Section 216D. 05. 3.5. Notice of Improvements to Streets. The City will give Company reasonable written Notice of plans for improvements to Public Ways and Public Grounds where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice will contain: (i) the nature and character of the improvements, (ii) the Public Ways or Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Grounds is involved, the order in which the work is to proceed. The Notice will be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual coniiiiencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities the Company deems necessary. 3.6 Mapping Information. If requested by City, the Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules, Parts 7819.4000 and 7819.4100. 3.7. Emergency Response. As emergency first-responders, when a public safety concern exists both the City and the Company shall respond to gas emergencies within the City without additional direct fee or expense to either City or Company. SECTION 4. RELOCATIONS. 4.1. Relocation in Public Ways. The Company and City shall comply with the provisions of Minnesota Rules, Part 7819.3100, with respect to requests for the Company to relocate Gas Facilities located in Public Ways. 4.2. Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes, Sections 161.45 and 161.46. ORDINANCE NO. SECTION 5. INDEMNIFICATION. 5.1. Indemnity of City. Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence or otherwise wrongful act or omission except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. 5.2. Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written Notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such Notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf This Franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 6. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks' prior written Notice of a proposed vacation of a Public Way. The City and the Company shall comply with Minnesota Rules, Part 7819.3100 and Minnesota Rules, Part 7819.3200 with respect to any request for vacation. SECTION 7. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 8. FRANCHISE FEE. 8.1. Form. During the term of the franchise hereby granted, the City may charge the Company a franchise fee as approved by the Commission. The Company will administer the collection and payment of franchise fees to City in lieu of permit fees, or other fees that may otherwise be imposed on the Company in relation to its operations as a public utility in the City. The franchise fee will be collected on a flat per meter basis, or by some other method that is mutually acceptable to both City and Company for each retail customer within the corporate limits of the City. The amount of the fee collected may differ for each customer class. The City will use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. If the Company claims that the City required ORDINANCE NO. fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company will suggest one or more formulas that will produce a substantially similar gross fee amount to the City. If the Company and the City disagree on whether a fee imposed by the City is discriminatory or places the Company at a competitive disadvantage, the Company may initiate the dispute resolution provisions of this ordinance. Where Company has timely disputed the franchise fee pursuant to section 8.2, the existing franchise fee will remain in effect until the dispute is finally resolved. 8.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council. The effective date of the franchise fee ordinance shall be no less than ninety (90) days after written Notice enclosing a copy of the duly adopted and approved ordinance has been served upon the Company by Certified mail. The Company is not required to collect a franchise fee if the fee is inconsistent with this franchise or state law, or is challenged pursuant to section 8.1, provided the Company provides the City Council written notice of its objection to the fee within the ninety (90) day period. 8.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of energy within the City by any other energy supplier, provided that, as to such supplier, the City has the authority or contractual right to require a franchise fee or similar fee through an agreed-upon franchise. 8.4. Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same Notice and acceptance requirements set forth in sections 8.1 and 8.2, and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company shall not be responsible to pay City fees that Company is unable to collect under Commission rules or order. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. 8.5. Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. However, the franchise fee will not remain in effect for more than one year after the franchise expires as stated in Section 2.6 of this Franchise. If for any reason the franchise terminates, the franchise fee will terminate at the same time. SECTION 9. ABANDONED FACILITIES. The Company shall comply with Minnesota Statutes, Section 216D.01 et seq., as it may be amended from time to time, with respect to abandoned facilities located in Public Ways and Public Grounds and with Minnesota Rules, Part 7819.3300, as it may be amended from time to time, with respect to abandoned facilities in Public Ways. The Company shall maintain records ORDINANCE NO. describing the exact location of all abandoned and retired Gas Facilities within the Public Ways and Public Grounds, produce such records at the City's request and comply with the location requirements of Minnesota Statutes, Section 216D.04 with respect to all Gas Facilities located in Public Ways and Public Grounds. SECTION 10. PROVISIONS OF ORDINANCE. 10.1. Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall -not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties. No provisions herein shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of this Ordinance or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT-PROCEDURE. Either party may propose at any time that this Franchise Ordinance be amended. Franchise Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 60 days after the effective date of the amendatory ordinance. If the Company does not consent to the amendment, the ordinance containing the amendment shall be revoked by City. SECTION 12. EFFECTIVE DATE. This ordinance shall be effective after adoption and upon ninety (90) days following its legal publication unless earlier revoked pursuant to Section 2.2 hereof. Adopted this day of 2015. Mayor ATTEST: City Clerk Date of Publication: Effective Date: AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION January 26, 2015 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 Holly Sunday PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Consideration of Modifying Setback Requirements of Front Porches - February 9 2.Highway 252 Update - February 23 3.E-Cigarettes in Public Places - February 23 4.Sister City Voinjama Visit Update 5. Paperless Packets Report Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: January 15, 2015 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Staff Report- 2014 Holly Sunday Event Recommendation: It is recommended the City Council accept the staff report regarding the 2014 Holly Sunday Event and provide direction to staff on how to proceed. Background: At their December 8th Study Session, the City Council discussed the December 7th Holly Sunday event and requested that staff put together a report regarding the event, along with recommendations for 2015. Accordingly, the report is attached along with some considerations for moving forward. Recreation Supervisor Sue LaCrosse and I will be in attendance to review the report, provide staff recommendations and answer any questions the City Council might have. Policy Issues: How does the City Council wish to proceed? Strategic Priorities: 1. . Community Image Mission: Ensuring an attractive, clean, safe, inclusive coininunitp that enhances the quality of life for all people and preserves the public trust HOLLY SUNDAY REPORT Sunday, December 7, 2014 Purpose To provide the residents of Brooklyn Center a free, holiday themed event featuring a variety of activities, including hayrides, face painting, entertainment, refreshments, games, and photos of children with Santa. History The Holly Sunday event began in 1990. In 2014 Holly Sunday celebrated its 25th year. The event is planned and executed by the recreation department. In 2012 hayrides were increased from 2 hours to 2 hours, 45 minutes and a pianist and a second magic show were added. In 2013 the event was enhanced by offering children an opportunity to make a holiday craft. In the history of Holly Sunday, we have never run out of refreshments or craft projects. For example in 2013, we had cookies and craft projects leftover. In 2014 more cookies and craft projects were purchased than in 2013. 2014 Experience The 2014 Holly Sunday event was a great success. However, it was almost too successful in some aspects. With an estimated total attendance of 750+, the increased turnout caused some logistical problems. Approximately 25 - 50 kids were unable to have their pictures taken with Santa, as time ran out. Additionally, we ran out of supplies for crafts and some refreshments, and had long lines for face painting. We did experience some interior "bottlenecks", primarily as a result of the staging of the line for hayrides. However, we have already identified ways to eliminate this moving forward. As the turnout for this year's event was somewhat unexpected, we are not certain what 2015 will look like? Will the attendance reach 2014 levels, increase, or was 2014 somewhat of an anomaly? 2014 Expenses Activity Cost Hayrides —2 hours, 45 min.$750.00 Magic Show —2 Performances 500.00 2 Face Painters —2 hours 275.00 Santa Claus 175.00 Pianist 75.00 Cookies/Pop/Coffee 250.00 Photo Paper/Photo Printers 284.00 Ornament Craft 295.00 Supplies & prizes for Goodie Bags 558.00 Staff 750.00 Total Expenses $3,912.00 Budget Notes The Brooklyn Center Lions Club supports Holly Sunday by annually donating $1,500 and by providing volunteers to take pictures of children with Santa and assisting participants on and off the hayride rig. 2014 Estimated Attendance • Hayrides - over 650 • Cookies - 624 • Children door prize slips - 442 • Ornaments & Disk Crafts - 336 • Magic Shows - 2 performances; both well attended • Candy Cane Walk Game - 400 • Santa-313 • Holly Sunday Bingo - 400 2015 Holly Sunday Options Considered • Create a two day event • Have two Santa's • Consider charging for Santa pictures and/or refreshments • Eliminate the Santa Pictures. Children would only see Santa and get a Goodie Bag • Identify other options for pictures with Santa (mass picture) • Add additional staff • Expand the time to the event • Move activities around to prevent bottlenecks • Order additional supplies and refreshments 2015 Final Recommendations • Order additional cookies • Order more kids' crafts • Add a third face painter • Limit age to 10 & under to see Santa. More than 25 children were older than 10 and really didn't want to see Santa. This would open more spots for younger children to see Santa • Add a staff member in Santa room to facilitate a more efficient flow for children to see Santa • Make 400+ Goodie Bags. If we run out of Santa numbers toward the end of the day (current limit is 300), we would still be able to give children a Goodie Bag • Increase hours from 2-5:00 p.m. to 1:00 or 1:30-5:00 p.m. • Move staging area for hayride line Holly Sunday - 2014 Door Prize Drawing Entries Age of Child Age 9 weeks - 10 months 9 Age 20 Age 22 Age 3 28 Age 28 Age 54 Age 50 Age 51 Age 52 Age 39 Age 10 34 Age 11 29 Age 12 16 Age 13 4 Age 14 2 Total 442