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HomeMy WebLinkAbout2015 03-23 CCP Regular SessionPublic Copy AGENDA CITY COUNCIL STUDY SESSION March 23, 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. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center March 23, 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. March 9, 2015 — Study Session 2. March 9, 2015 — Regular Session 3. March 9, 2015 — Work Session b. Licenses C. An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to the Sale of Tobacco Related Products — Approve first reading and' set second reading and Public Hearing for April 27, 2015. d. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2015 -05, 06, 07, and 08, 63rd Avenue Street, Storm Drainage, and Utility Improvements e. Resolution Accepting Bid and Authorizing Award of Contract, Improvement No. 2015 -12, Contract 15 -F, 2015 Street Seal Coating CITY COUNCIL AGENDA -2- March 23, 2015 f. Resolution Authorizing the Execution of an Agreement for a Public Space Recycling Grant between Hennepin County and the City of Brooklyn Center g. Resolution Authorizing Execution of a Professional Services Agreement for Design and In- Construction Services, Project No. 2014 -11, 2014 Capital Maintenance Building Project h. An Ordinance Relating to a Permit for Land Disturbing Activities; Amending City Code Section 35 -235 and Removing City Code Section 35 -2230 Approve first reading and set second reading and Public Hearing for April 13, 2015. Resolution in Support of Legislation Establishing an Early Voting Process for Voters in Minnesota j. Resolution Supporting Dedicated State Funding for City Streets k. Resolution in Support of Legislation Increasing the Appropriation of LGA to the 2002 Funding Level 1. Resolution Authorizing the Early Purchase of a Fire Truck to Replace Rescue 5 7. Presentations/ Proclamations /Recognitions/Donations a. The Brooklyn Bridge Alliance for Youth Requested Council Action: None; presentation only. b. 2014 Annual Crime Data Report Requested Council Action: None; presentation only. C. Proclamation Declaring March 23, 2015, as "Youth in Government Day" in the City of Brooklyn Center, Minnesota Requested Council Action: — Motion to adopt proclamation. 8. Public Hearings a. An Ordinance Amending Chapters 2, 4, 5, 6, and 9 of the Brooklyn Center City Charter; Sections 2.05A, 2.05B Paragraph b, 4.06, 5.01, 6.02 Subdivision 3 Paragraphs (b) and (c), and 9.04 -This item was first read on February 23, 2015; published in the official newspaper on March 5, 2015; and is offered this evening for second reading and Public Hearing. Requested Council Action: — Motion to open Public Hearing. —Take public input. Motion to close Public Hearing. — Motion to adopt ordinance. CITY COUNCIL AGENDA -3- March 23, 2015 9. Planning Commission Items None. 10. Council Consideration Items a. Consideration of Type IV 6 -Month Provisional Rental Licenses 1. 4216 Lakebreeze Avenue 2. 5842 Washburn Avenue North 3. Resolution Approving a Type IV Rental License for 7033 Unity Avenue North Requested Council Action: —Mayor poll 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. 11. Council Report 12. Adjournment City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 9, 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 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence - Anderson, and Lin Myszkowski. Councilmember Dan Ryan was absent and excused. 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, and Brittney Berndt, TimeSaver Off Site Secretarial, Inc. -None CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS MISCELLANEOUS City Manager Curt Boganey stated that City Attorney Troy Gilchrist is not able to attend tonight so Attorney Doug Shaftel will be filling in. Mr. Boganey stated that at the League of Minnesota Cities most recent meeting, members were asked to approach their City Councils about some important legislation. The League of Minnesota Cities encouraged the cities to adopt resolutions in support of early voting, LGA funding being brought back to 2002 rates, and funding towards City streets. He and the staff support this recommendation of drafting resolutions in support of these three topics. The majority consensus of the City Council was to ask staff to draft resolutions in support of LGA funding, funding for City streets, and early voting. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS TH 252 CORRIDOR STUDY UPDATE Public Works Director /City Engineer Steve Lillehaug provided an overview of the 252 Corridor Study and why the corridor should change, addressing that the current roadway is over capacity, safety concerns, as well as quality of life issues for the residents surrounding the corridor. He 03/09/15 -1- DRAFT \ explained that conducting the Study was a way that the City could participate in future planning of what will happen to the corridor and how citizens will be affected. He stated that most of the properties surrounding the corridor are zoned R1 (residential), City owned lots, along with various commercial prope1iies including a church, theater, and parks. He explained that if the City were to purchase the commercial properties that could be affected by access issues and the future improvements of the corridor project, these prope1ties currently have a 2014 market value of approximately. $13 million. Mr. Lillehaug said that depending on the option selected, the City may not need to purchase all of the propeliies. He stated that he would not know the amount of property that would be needed until a bigger and more in-depth study could be completed by Mn!DOT. Mr. Lillehaug proceeded to provide an overview and explain details of all three options, three alternatives, and additional suggestions that were made for the corridor project. Mayor Willson questioned why an interchange was being proposed on Brookdale Drive in Option 1. Mr. Lillehaug explained that it was due to spacing requirements and that it was equal distance from the proposed interchanges on 85th and 66th Avenues for that option. Mayor Willson agreed. Mr. Lillehaug explained that the main difference in all three options was where the interchanges were located and if there were three full interchanges or if patiial interchanges would be involved. Mayor Willson questioned if there were going to be any pedestrian bridges over TH 252 and if so, how would they look. Mr. Lillehaug explained that there could be but that would be decided later on after the MnJDOT study was complete and the City had more data. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to close the Study Session at 6:47p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to reconvene the Study Session at 6:48p.m. Motion passed unanimously. TH 252 CORRIDOR STUDY UPDATE (continued) The discussion continued on the TH 252 Corridor Study Update. Mayor Willson explored the option of digging 66th A venue under the current grade of TH 252 and if that might work instead of a bridge in Alterative 2. Mr. Lillehaug explained that was the 03/09115 -2-DRAFT working group's thought as well and it could possibly be the best solution for 66th Avenue because of sound and visual concerns from the residents. Discussion of this item continued and reached conclusion at the March 9, 2015, Work Session. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:59p.m. 03/09115 -3-DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 9, 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. ROLLCALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, and Lin Myszkowski. Councilmember Dan Ryan was absent and excused. 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, Fire Chief Lee Gatlin, City Attorney Doug Shaftel, and Brittney Berndt, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmerriber Myszkowski moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:47p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson requested a moment of silence and personal reflection as the Invocation reflecting on the past of Selma and how that has shaped today' s world. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:02p.m. 03/09/15 -1-DRAFT 4. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, I<ris Lawrence-Anderson, and Lin Myszkowski. Councilmember Dan Ryan was absent and excused. Also present were City Manager Cmi 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, Fire Chief Lee Gatlin, City Attorney Doug Shaftel, and Brittney Berndt, TimeS aver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Myszkowski moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. February 23, 2015-Study Session 2. February 23, 2015-Regular Session 3. February 23, 2015-Work Session 6b. LICENSES MECHANICAL Absolute Mechanical, LLC Crown Mechanical MMH Plumbing Inc. Wilson HV AC Co. RENTAL 7338 Ohms Lane, Edina 1670 South Robe1i Street, West St. Paul 3060 62nd Street Southwest, Waverly 15284 11 ih Street, Becker INITIAL (TYPE III-one-year license) 3224 6211d A venue Nmih Michael Mills 5 31 7 Camden A venue North Jeff Brawley INITIAL (TYPE II-two-year license) 3000 64th Avenue Nmih Passed w/ Weather Deferral Infinite Property LLC 2107 70th Avenue North Infinite Property LLC 1619 73rdAvenue North Nancy Yang 7007 James Avenue North Passed w/ Weather Deferral Infinite Property LLC 5 907 York A venue North Passed w/ Weather Deferral Infinite Property LLC 03/09/15 -2-DRAFT RENEWAL (TYPE III-one-year license) 2301 Ericon Drive Dan Mattison RENEWAL (TYPE II-two-year license) 5401 Brooklyn Boulevard Northport Properties 6316 Quail A venue Nmih Passed w/ Weather Deferral 6913 Quail Avenue North 3206 Thurber Road 5201 Winchester Lane Tim Xiong Miles Mehaffey Mains'l Properties Yolanda Jackson RENEWAL (TYPE I-three-year license) 3819 France Place Robert Lindahl 7218 Grimes A venue Nmih 6424 June Avenue North 6018 Kyle Avenue North 5820 Logan Avenue North 7013 Unity Avenue North 6500 Willow Lane Nmih Shawn and Djuana Banks Faisale Boukari Danny Yo Farnaz Toussi Scott Lauderdale Dragon Prope1iy Management 6c. APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS CHURCH, 7025 HALIFAX A VENUE NORTH, FOR A SOCIAL EVENT TO BE HELD APRIL 25, 2015. 6d. RESOLUTION NO. 2015-42 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2015-01, 02, 03 AND 04, FREEWAY PARK AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS 6e. RESOLUTION NO. 2015-43 ESTABLISHING PARKING RESTRICTIONS FOR SEGMENTS ON 63R 0 A VENUE FROM ORCHARD A VENUE TO BROOKLYN BOULEVARD Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2015-44 EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER AMERICAN LEGION POST 630 IN SUPPORT OF THE 2015 CSI SAFETY ACADEMY Mayor Willson read in full a Resolution Expressing Appreciation for the Donation of the Brooklyn Center American Legion Post 630 in Support of the 2015 CSI Safety Academy. He 03/09115 -3-DRAFT and the City Council thanked the Brooklyn Center American Legion for their support to make the community safer. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2015-44 Expressing Appreciation for the Donation of the Brooklyn Center American Legion Post 630 in Support of the 2015 CSI Safety Academy. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS AND WEED REMOVAL COSTS Assistant City Manager/Director of Building and Community Standards Vickie Schleuning introduced the item, discussed the history, and stated the purpose of the proposed special assessments. Councilmember Graves expressed concern on why the amounts varied for residents regarding the weed removal assessments. Ms. Schleuning explained that it depended on the individual circumstances, but it could vary based upon the scope of the abatement and the number of offenses. Councilmember Graves questioned what the requirements are for residents who have wildflower gardens. Ms. Schleuning explained that weeds needed to be over 8 inches and if the individual argued that they have a "wild flower" garden, then the City might require them to identify the plants and clean up any weeds. Councilmember Graves asked what happens to residents who have trees that might be growing around power lines or creating other such hazards and if those are included in these assessments. Ms. Schleuning expressed that at times dead trees could turn into diseased trees and vice versa but explained that the City does have a forester on staff. She stated that any concerned citizen could call the City and request that the forester go out and look at the trees before a determination is made. She also explained that there are occasions when people buying homes are left with the special assessments for a tree or weed issue that might have been there prior to their owning the property. Those times, she advises the citizens to call their title company or the seller of the prope1iy for a remedy. Councilmember Myszkowski moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. No one appeared to speak. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Public Hearing. 03/09/15 -4-DRAFT Motion passed unanimously. 1. RESOLUTION NO. 2015-45 CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-45 Certifying Special Assessments for Diseased Tree Removal Cost to the Hennepin County Tax Rolls. Motion passed unanimously. 2. RESOLUTION NO. 2015-46 CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-46 Certifying Special Assessments for Weed Removal Cost to the Hennepin County Tax Rolls. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2015-001, SUBMITTED BY SCP DISTRIBUTORS AND CAPITAL PARTNERS LLP FOR SPECIAL USE PERMIT TO ALLOW AN OUTDOOR STORAGE AND SALES DISPLAY AREA IN THE 1-1 (INDUSTRIAL PARK) DISTRICT, LOCATED AT 6840 SHINGLE CREEK PARKWAY Director of Business and Development Gary Eitel provided an overview of Planning Commission Application No. 2015-001 and advised that the Planning Commission had recommended approval of the application at its February 26, 2015, meeting. Mr. Eitel answered questions of the City Council regarding the request for Application No. 2015- 001, submitted by SCP Distributors and Capital Partners LLP for Special Use Permit to allow an Outdoor Storage and Sales Display Area in the I -1 (Industrial Park) District, located at 6840 Shingle Creek Parkway. He explained that this sales display in question would be done very well and includes pavers, fences, and fireplaces. Councilmember Lawrence-Anderson questioned what type of fencing would be in place around the displays. Mr. Eitel explained that around a portion of the display would be a decorative aluminum fence, but the public view will be a high-grade vinyl privacy fence. Councilmember Lawrence-Anderson asked if this display portion would be open to the public for purchasing products. Mr. Eitel stated that this location would be for wholesale products only and wouldn't be open to the public but rather only contractors. 03/09/15 -5-DRAFT Mayor Willson pointed out that this prope1iy was vacant in recent history and expressed his excitement that it now has a tenant who is adding so much value to Brooklyn Center. The City Council concuned. 1. RESOLUTION NO. 2015-47 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-001, SUBMITTED BY SCP DISTRIBUTORS AND CAPITAL PARTNERS LLP FOR SPECIAL USE PERMIT TO ALLOW AN OUTDOOR STORAGE AND SALES DISPLAY AREA IN THE I-1 (INDUSTRIAL PARK) DISTRICT, LOCATED AT 6840 SHINGLE CREEK PARKWAY Councilmember Graves moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-47 Regarding the Disposition of Planning Commission Application No. 2015-001, Submitted by SCP Distributors and Capital Pminers LLP for Special Use Permit to Allow an Outdoor Storage and Outdoor Sales Display Area in the I-1 (Industrial Park) District, Located at 6840 Shingle Creek Parkway. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 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 1 Oa1 through 1 Oa6. 10al. 4811 LAKEVIEW A VENUE 10a2. 3613 54th AVENUE NORTH 10a3. 5814 EWING AVENUE NORTH 10a4. 5649 NORTHPORT DRIVE· 10a5. RESOLUTION NO. 2015-48 APPROVING A TYPE IV RENTAL LICENSE FOR 3912 61 st A VENUE NORTH 10a6. RESOLUTION NO. 2015-49 APPROVING A TYPE IV RENTAL LICENSE FOR 6724 FRANCE A VENUE NORTH Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 4811 Lakeview Avenue, 3613 54th Avenue North, 5814 Ewing Avenue North, 5649 Northport Drive and to adopt RESOLUTION NO. 2015-48, Approving a Type IV Rental License for 3912 61st Avenue Nmih and to adopt RESOLUTION NO. 2015-49, Approving a Type IV Rental 6724 France Avenue Nmih with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. 03/09115 -6-DRAFT Motion passed unanimously. lOb. RESOLUTION NO. 2015-50 AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN PARK BABE RUTH TO CONDUCT LAWFUL GAMBLING AT JAMMIN WINGS, 2590 FREEWAY BOULEVARD, BROOKLYN CENTER. Mr. Boganey introduced the item and reviewed the proposed permit application submitted by Brooklyn Park Babe Ruth to sell pull tabs at the establishment of Jammin Wings. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-50 authorizing approval of the issuance of a premises permit for Brooklyn Park Babe Ruth to conduct Lawful Gambling at Jammin Wings, 2590 Freeway Boulevard, Brooklyn Center. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • March 1, 2015: Gave two presentations on Food Share for the CEAP organization • March 2, 2015: Pmiicipated in Read Across America Day at Evergreen Park Elementary • March 9, 2015: Attended the Brooklyns Youth Council meeting Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • Pmiicipated in Brooklyn Center High School's mock interviews • March 2, 2015: Attended BCBA executive meeting • March 3, 2015: Attended a town hall meeting with State Representatives • March 4, 2015: Pmiicipated in Brooklyn Center University • March 5, 2015: Odyssey Academy meeting with Minnesota School Board Association Councilmember Graves reported on her attendance at the following and provided information on . the following upcoming events: • February 25, 2015: Attended the Multi-Cultural Advisory Committee meeting • February 27, 2015: Attended Brooklyn Center High School conferences • March 3, 2015: Attended History Presentations for "History Day" • March 4, 2015: Attended Osseo American Indian Drum Rehearsal • · March 4, 2015: Participated in Brooklyn Center University • March 5, 2015: Attended Brooklyn Center's Town Hall Meeting for the Head Start Bus Mayor Willson repmied on his attendance at the following and provided information on the following upcoming events: • February 26, 2015: Attended the Brooklyns Youth Alliance board meeting 03/09/15 -7-DRAFT • February 27, 2015: Read to classes at Garden City School • February 27, 2015: Attended a meeting with Brooklyns Youth Alliance Director and Pro USA • March 2, 2015: Read to classes at Evergreen School 12. ADJOURNMENT Councilmember Myszkowski moved and Councilmember Graves seconded adjournment of the City Council meeting at 7:50p.m. Motion passed unanimously. 03/09115 -8-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 MARCH 9, 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 8:18 p.m. ROLLCALL Mayor/President Tim Willson and Councilmembers/Commissioners April Graves, Kris Lawrence-Anderson, and Lin Myszkowski. Councilmember/Commissioner Dan Ryan was absent and excused. 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 & Community Standards Vickie Schleuning, City Attorney Doug Shaftel, and Brittney Berndt, TimeSaver Off Site Secretarial, Inc. THE 252 CORRIDOR STUDY UPDATE CONTINUED FROM STUDY SESSION Public Works Director/City Engineer Steve Lillehaug pointed out to the City Council/Economic Development Authority that the options contained input fi·om residents that attended the open house. The technical advisory committee looked at each option and evaluated each using the same criteria used for original options. He added that he will present all options as he did for the City Council/Economic Development Authority in order to show the residents that all options were looked at thoroughly. He explained the importance of having a plan that the City Council/Economic Development Authority could possibly go forward with to position the project better for funding. He explained that if the City Council/Economic Development Authority went with the staff recommended option, there were partners lined up to start taking the next steps in collecting some in depth data and preparing a more in depth concept plan including Mn/DOT. Mayor/President Willson expressed that he is in support of the staff recommendation and would be excited to look at the Mn/DOT data if a bridge should be included at the intersection at 70th A venue and if that bridge goes over or under TH 252. Councilmember/Commissioner Myszkowski concurred with Mayor/President Willson in supporting staffs recommendation and acknowledged that this plan cannot make every resident happy but a change does need to occur. 03/09115 -1-DRAFT Councilmember/Commissioner Lawrence-Anderson questioned how impactful the project will be to the citizens living in that area. Mr. Lillehaug explained that it would require full purchases of a few of the commercial properties and possibly a couple of the residential properties. He explained he would know the full effect after an in-depth study was conducted looking at the project and what space was actually needed. Councilmember/Commissioner Graves expressed he1: dislike for the cul-de-sacs in the project and would rather have bridges linking the two sides, if possible. Mr. Lillehaug explained that once Mn/DOT did the study, they would have much more data to make those informed decisions. The majority consensus of the City Council/Economic Development Authority was that Altemative 1/0ption 1 should be shown as the prefened option to the public in the form of a public meeting. DISCUSSION ON POTENTIAL SALES AND DEVELOPMENT OF ECONOMIC DEVELOPMENT AUTHORITY (EDA) PROPERTIES WITHIN THE BROOKLYN BOULEVARD CORRIDOR (6101, 6107, AND 6121 BROOKLYN BOULEVARD) Director of Business and Development Gary Eitel introduced the item, discussed the history, and stated staff is looking for direction. He explained that the project he is proposing would be very similar to one done in Edina recently. He explained that this project would be the best use of the land that the City has already acquired and will give something back to the community by allowing seniors to stay in the community. He did acknowledge that if the City Council/ Economic Development Authority was on board with this project, a developer is willing to provide a letter of intent on the prope1iy by the next City Council meeting. Councilmember/Commissioner Lawrence-Anderson expressed a desire for the walking paths from the senior community to lead into the park so the seniors could also enjoy what the park has to offer. Mayor/President Willson stated that he has spoken to seniors who desire a community like this project in order to stay within Brooklyn Center. He said that other communities have similar projects and he has heard ·wonderful things about what they can do for the commtmity. Councilmembers/Commissioners Myszkowski, Graves, and Lawrence-Anderson concuned. The majority consensus of the City Council/Economic Development Authority was to ask Mr. Eitel to move forward with the planning of this project and talk to the developer about providing a letter of intent. 03/09/15 -2-DRAFT ADJOURNMENT Councilmember/Commissioner Lawrence-Anderson moved and Councilmember/Commissioner Graves seconded adjournment of the City Council/Economic Development Authority Work Session at 9:06p.m. Motion passed unanimously. 03/09115 -3-DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: March 17, 2015 TO: Curt Boganey, City Manager FROM: SUBJECT: Maria Rosenbaum, Deputy City C~ f Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on March 23,2015. 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. MECHANICAL Assured Comfort Heating & AIC LLC Gannon Heating and Air LLC MidAmerica, Inc. RENTAL See attached report. SIGN HANGER Twin Cities Sign Installations 1067 80th A venue N, Roberts, WI 346 Cleveland Avenue SW, St. Paul 6989 North 55th Street, Oakdale 14333 Ural Street NE, Ham Lake Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quali(v t~{ life .fiJr all people aud preserves the public tmst COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy-Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per. (Based on Property Inspected Unit Code Only) Type I-3 Year 1-2 units 0-1 3+units 0-0.75 Type II-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III -1 Year 1-2 units Greater than 4 but not more than 8 3+units Greater than 1. 5 but not more than 3 Type IV -6 Months 1-2 units Greater than 8 3+units Greater than 3 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units o.:o.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4units . Greaterthan 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. Mission: Emu ring an attractive, clean, safe, inclusive comlmmity that enhauces the quali(l' of life .filr all people am! presen•es the public trust Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** 5305 67th Ave N Passed w/Weather Deferral Single Family Initial Sai Yang 1 II N/A II 6101 Beard Ave N 1 Bldg 24 Units Initial Jason Quilling 13 .54/Unit II N/A II 6700 Ewing Ave N Single Family Initial Steven Douglas 7 III N/A III 4207 Lakeside Ave #329 Single Family Initial Sherry Hill 0 II N/A II 5541 Logan Ave N Passed w/Weather Deferral Single Family Initial Peter Milinkovich 6 III N/A III 7207 Willow La Single Family Initial Arl Woods 7 III N/A III 4100 Lakebreeze Ave 1 Bldg 4 Units Renewal Bruce Waage 6 1.5/Unit II 0 II I 6813 Noble Ave N Passed w/Weather Deferral Two Family (1)Renewal David Zemke 4 II 0 II I 6821 Noble Ave N Two Family (1)Renewal Reuben & Diane Ristrom 1 I 0 I I 5400-02 Russell Ave N Two Family (2)Renewal Tai Pham 6 3.0/Unit II 0 II IV 3807 61st Ave N Single Family Renewal Invitation Homes 3 II 0 II III 5439 Camden Ave N Single Family Renewal Noell McPheeters 2 II 0 II IV 6613 Camden Dr Single Family Renewal Mark One Resources, LLC 0 I 0 I I 5548 Dupont Ave N Single Family Renewal John Lindahl 2 II 0 II II 5214 Ewing Ave N Single Family Renewal J & M Homes II, LLC 4 II 0 II II 5330 Girard Ave N Single Family Renewal Charles Bright 0 I 0 I II 5719 Halifax Ave N Passed w/Weather Deferral Single Family Renewal Yang Yang Zheng 2 II 0 II II 5548 Lilac Dr N Passed w/Weather Deferral Single Family Renewal Prosperous Property LLC 3 II 0 II II 6343 Orchard Ave N Single Family Renewal Thomas/Dawn Mould Missing ARM Meetings 7 III 0 III III 5814 Pearson Dr Single Family Renewal Invitation Homes 0 I 0 I III 6900 Quail Ave N Single Family Renewal Michael Johnson 2 II 0 II IV * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.) ** License Type Being Issued Type I = 3 Year Type II = 2 Year Type III = 1 Year *** Initial licenses will not show a previous license type All properties are current on City utilities and property taxes Rental Licenses for Council Approval on March 23, 2015 City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM DATE: March 11, 2015 TO: Curt Boganey, City Manag~ FROM: Sharon Knutson, City Clerk SUBJECT: An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to the Sale of Tobacco Related Products Recommendation: It is recommended that the City Council consider An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to the Sale of Tobacco Related Products and approve first reading and set second reading and Public Hearing for April27, 2015. Background: At its January 12, 2015, Work Session, the City Council discussed concerns related to the interpretation of Section 23-104 of the City Code of Ordinances related to restrictions for tobacco related products license applicants (see attached excerpt of minutes). Following City Council discussion, City Staff agreed to prepare an amendment to the Code to clarify the language. · Attached is a draft Ordinance amendment prepared by the City Attorney's office that differentiates between the things that absolutely disqualify an applicant and those that can be used as a basis for denial or nonrenewal if the Council decides that it is appropriate. The factors listed in Section 23-104, paragraph 2, automatically disqualify an applicant and the Council doesn't have discretion to grant a license; the applicant is simply not eligible for a license. · However, the factors in Section 23-104, paragraph 1, do not necessarily make an applicant ineligible. Rather, it is grounds for denial, or is a legal basis for denial; but that does not compel the Council to deny. The Council can consider all the sunounding circumstances in deciding whether to use the stated grounds to deny the license. Budget Issues: There are no budget issues to consider. Mission: Ensuring au attractive, clean, safe, inclusi!•e COF/1/Jlllni~l' that enhances the quafi(l• of l(le for all people and preserves the public tmst CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 27th day of April2015 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to the Sale of Tobacco Related Products. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. ------- AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES RELATING TO THE SALE OF TOBACCO RELATED PRODUCTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code, Section 23-006 is amended as follows: Section 23-006. SUSPENSION: REVOCATION. The Council may suspend or revoke any license issued pursuant to the ordinances if the Council finds that any of the following ever occur; provided, however, that the licensee shall be given notice of the proposed revocation or suspension and be provided an opportunity to appear before the Council and be heard: 1. That the licensee has knowingly made false statements in or regarding his application. 2. That the licensee or his agents have violated or failed to comply with ordinance provisions, statutes, or legal directives pertaining to the regulation of activities authorized by the license. 3. That the licensee has failed to coiTect or remove, within a reasonable period, ordinance violations after receipt of notice to do so. 4. That the continued effectiveness of the license constitutes a substantial threat to the public peace, health, safety or welfare. 5. That the license was mistakenly issued or renewed to a person or for a premises that is ineligible for the license. ORDINANCE NO. ------- Section 2. Brooklyn Center City Code, Section 23-104 is amended as follows: Section 23-104. RESTRICTIONS. 1. The following shall be grounds for denying the issuance of or renewal of a license under Sections 23-101 through 23-108; if a license is mistakenly issued or rene',ved to a person, it shall be revoked upon the discovery that the person vras ineligible for the license under this Section. 1. The applicant is under the age of 18 years of age; -r:-2:---. --a. The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco products, or tobacco-related devices, or has had a license to sell tobacco products or tobacco-related products revoked or suspended with the past five years. ~ The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices re>1oked vlithin the preceding 12 months ofthe date of application. 4-;4.--b. The applicant fails to provide any information required on the application, or provides false or misleading information. 5. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation, from holding such a license. 6. Nonpayment by the property ovmer and/or applicant of any fees or charges mved to the City and/or county, including, but not limited to, utilities and property tffire&.- 7. If a license is mistakenly issued or rene'tved to a person, it shall be revoked upon the discovery that the person '.Vas ineligible for the license under Sections 23 101 through 23 108. 2. No license may be issued or renewed: a. To any applicant who is under 18 years of age. b. To any applicant who is prohibited by federal, state or other local law, ordinance or regulation from holding such a license. c. To any applicant who has fees or charges to the City or the County that are due and unpaid. d. For any premises for which property taxes or city utility charges are due and unpaid. ORDINANCE NO. ------- Section 3. Brooklyn Center City Code, Section 23-108 is amended as follows: Section 23-108. VIOLATION AND PENALTY. 1. Misdemeanor prosecution. Nothing in this Section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of Sections 23- 101 through23-108. 2. Administrative penalties. a) Licensees. Administrative Penalties: Licensees. If a licensee or employee of a licensee sells tobacco to a person under the age of 18 years, or violates any other provision of Sections 23-101 through 23-109, the licensee shall be charged an administrative penalty of $100. An administrative penalty of $200 shall be imposed for a second violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of $250 shall be imposed, and the licensee's authority to sell tobacco at that location shall be suspended for not less than seven days. b) Other individuals. Other individuals, other than minors regulated by Sections 23-101 through 23-108, found to be in violation of Sections 23- 101 through 23-108 shall be charged an administrative fine of$50.00. c) Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, tobacco- related devices, or nicotine or lobelia delivery devices, shall be subject to an administrative fine, or may be subject to tobacco-related education classes, diversion programs, community services, or another penalty that the City believes will be appropriate and effective. The administrative fine or other penalty shall be established by City Council ordinance upon the City Council's consultation with interested parties of the courts, educators, parents and children to determine an appropriate penalty for minors in the city. This administrative fine or other penalty may also be established from time to time by the ordinance or resolution establishing fees and charges, as it may be amended from time to time. d) Statutory penalties. If the administrative penalties authorized to be imposed by Minnesota Statutes, Section 461.12, as it may be amended from time to time, differ from those established in this Section, then the more severe penalty shall prevail. 3. License revocation. suspension or non-renewal. In addition to misdemeanor prosecution and administrative penalties. violations of Section 23-101 through 23- 108 is grounds for revocation or suspension under Section 23-006 or non-renewal under Section 23-104. ORDINANCE NO. ------ Section 4. Brooklyn Center City Code, Section 23-110 is repealed. Section 5. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this ___ day of _______ , 2015. Mayor ATTEST: ---------------------- City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) 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. ROLLCALL 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 Attomey Charlie LeFevere, and Carla Wirth, TimeS aver 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 Cmi 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 Attomey 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- 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 6:02p.m. ROLLCALL 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 lOe, 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- 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 Attomey 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 refened to a past consideration where an applicant had been found in violation but it had occuned at a different site. Attomey LeFevere explained that in the case ofliquor, 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 disqualifier for new applications and/or renewals. Mayor Willson stated the City retained that right with liquor licenses but in his inind, it is slightly different when considering tobacco licenses. He suggested that issue be discussed in addition to dete1mining clarification. 01/12/15 -2- 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 staffs 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- 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 LeF evere 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 cunent. 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- 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 hedoes 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 (' e~~b;\--.. C.vv r~uJ+- 6 .r~r, "'~ t4 u._ TOBACCO RELATED PRODUCTS Section 23-101. LICENSE REQUlRED. No person shall directly or indirectly or by means of any device keep for retail sale, sell at retail, or otherwise dispense any tobacco related product at any place in the city of Brooklyn Center unless a license therefor shall first have been obtaineci as provided in Sections 23-101 through 23-108. Section 23-102. DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of Sections 23-101 through 23-108, the following definitions shall apply unless the context clearly indicates or requires a different meaning: 1. ((Cigar" means any roll of tobacco that is ·wrapped in tobacco leaf or in any substance containing tobacco, \vith or without a tip or mouthpiece, that is not a cigarette as defined in Minnesota Statutes, Section 297F.01, Subdivision 3, as amended from time to time. 2. "Compliance checks" means the system the City uses to investigate and · ensure that those authorized to sell tobacco, tobacco products, tobacco-related devices,.and nicotine or lobelia delivery devices are following and complying with the requirements of Sections 23-101 through 23-108. Compliance checks shall involve the use of. minors as authorized by Sections 23-101 through 23-108. Compliance checks shall also mean the use of minors who attempt to purcha<;e tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices :for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of govermnent :for the pmpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products, tobacco-related devices, and nicotine· or lobelia delivery devices. · 3. "Electronic delivery device" shall mean a product containing or ddivering nicotine, lobelia, or any other substance intended for h11man consumption that can be used by a person to simulate smoking in the delivery of nicotine ·or any other substance through inhalation of the vapor from the product. Electronic delivery devices shall include any component part of such a product whether or not sold separately. Electronic delivery devices shall not include any product that had been approved or otherwise ce1tified by the United States Food and Drug Administration for legal sales :for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose. City of Brooklyn Center 23-6 06/07/14 4. "Individually packaged" means the practice of selling.any tobacco or tobacco product wrapped individually for sale. Individually-\vrapped tobacco and tobacco· products shall include, but not be limited to, single cigarette packs, single cigars, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be ·considered individually packaged. 5. "Indoor area" means all space between a :floor and a ceiling that is bolmded by walls, doorways, or windows, whether open or closed, ·covering more than 50 percent ofthe combined surface area of the vertical planes constituting the perimeter ofthe area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. 6. "Loosies" means the common term used to referto a single or individually- ·packaged cigarette or any other tobacco product that has been removed from its packaging and soid individually. The term loosies does not include an individual premium cigar, as defined in Minnesota Statutes, Section297F.Ol, Subdivision 13a, and as amended from time to time, that can be sold by a ·licensed retailer as a single cigar to the extent permitted by all applicable state and federal laws. 7. "Minor" means any natural person who has not yet reached the age of 18 years. 8. "Jvfoveable place of business" means any fonn of business operated out of a tmck, van, automobile or other type of vehicle or transportable shelter and not a fixed-address storefront or other pennanent type of st:mctme authorized for sales transactions. 9. "Retail establishment" means any place of business where tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices are available for sale to the general public. The phrase shall include, hut not be limited to, grocery stores, convenience stores, restaurants, and drug stores. 10. "Sale" means any transfer of goods for money, trade, bmter or other consideration. CitY of Brooklyn Center 23-7 06/07114 11. · "Se[Fservice merchandising" means open displays of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, without the assistance or intervention· of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine oi·lobelia delivery device between the customer and the licensee or employee. Self-service sales are interpreted as being any sale where there is not an actual physical exchange of the product between the clerk and the customer. 12. "Smokinrf' shall mean the inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or tobacco product, or inhaling or exhaling vapor from any electronic deli very device. · Smoking shall include canying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plarit product intended for inhalation. 13. "Tobacco or tobacco products" means and includes cigarettes and any product containing~ made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready mbbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings .of tobacco; and other ldnds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Dmg Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. 14. "Tobacco-related devices" means and includes any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a mrumer that enables the chewing, sniffing or smoking of tobacco or tobacco products including electronic delivery d~vices. 15. "Vending machine" means any mechanical, electTic or electronic, or other type of device that dispenses tobacco, tobacco products or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco," tobacco product or tobacco-related device. City of Brooklyn Center 23-8 06/07/14 Section 23-103. LICENSE REQUIRED. 1. Generally. No person may directly or indirectly or by means of any device keep for retail sale, sell at retail, offer to sell or otherwise dispose of any tobacco, tobacco products,· tobacco-related devices, or electronic delivery device at any place in the city unless a license has first been iss·ued by the City as provided in this Section. 2. Application. An application for a license to sell tobacco, tobacco products, tobacco-related devices, and electronic delivery devices shall be made on a form provided by the City, The application shall contain the fttll name of the applicant, the applicant's residential and .business addresses, and telephone numbers, the name of the business for which the license is so-ught, and ruw additional information the City deems necessary. 3. Action. Upon receipt of a completed application, the City Clerk shall forward the application to the police depart~nent for. investigation. The police department shall conduct an investigation. of the applicant and application regarding the fitness of the applicant to hold a license pursuant to the standards set forth in Sections 23-101 through 23-108, and report the results of its investigation to the City Clerk witl1in 30 days of receipt of the application. The City Clerk shall forward the application fqr consideration by the City Council. 4. Fees. · No application for a license under Sections 23-101 through 23-108 shall be accepted until the appropriate license or investigation fee is paid in full. The fee(s) shall be established by the City Council by resolution from time to time. 5. Sanctions for violation. Shall be set by the City Council at penalty phase not to be less than state mcmdated guidelines. 6. Transfers. All licenses issued under Sections 23-101 through 23-108 shall be valid only on tl1e premises for which the license was issued and only for the · person to whom the license was issued. 7. Moveable place ofbusiness. No license shall be issued to a moveable place of business. Only fixed-location businesses shall be eligible to be licensed tmder Sections 23-101 through 23-108. 8. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. City of Brooklyn Center 23-9 06/07/14 9. Rene·wals. Every such license shall expire on December 31 next after its· issuance. A fee for the renewal of any license issued under Sections 23-101 through 23-108 shall be paid to the City Clerk with the renewal application. Applications for renewal must be submitted by November 30 of the year prior to tl1e license year. Section 23-104. RESTRICTIONS. The following shall be grounds for denying the issuance of or renewal of a license under Sections 23-101 through 23-108; if a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section: 1. The applicant is under tl1e age of 18 years of age; 2. The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco products, or tobacco-related devices. 3. The applicant has had a license to sell tobacco, tobacco products, or tobacco- related devices revoked within the preceding 12 months of the date of application. - 4. The applicant fails to provide any information required on tl1e application, or provides false or misleading infonnation. 5. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation, from holding such a license. 6. Nonpayment by the property owner and/or applicant of any fees or charges owed to the City and/or county, including, but not limited to, utilities and property taxes. 7. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under Sections 23.,101 through 23-108. City of Brooklyn Center 23-10 06/07/14 Section23-105. PROHIBITED SALES. 1. It shall be a violation of Sections 23-101 through 23-108 for any person to sell or offer to sell any tobacco, tobacco product, or tobacco-related device: a. To a minor; b. By a vending machine; c. By self-service; d. As loosies; e. If the tobacco or tobacco products contain opium, morphine, jimsonweed, bellad01ma, strychnos, cocaine, marijuana, or other delirious, hallucinogenic, toxic, or controlled substances except nicotine and other substances fow1d naturally in tobacco or added as part of an·otheiwise lawful manufacturing process;· or · f. To any otherperson, in m1y other manner or form prohibited by federal or state law or regulation, or by local ordinance. 2. It shall be a violation of Sections.23-101 through 23-108 for any retail establislmlent to sell, offer for sale, or distribute a single cigar unless the cigar is sold in an original package of at least five cigars, provided that: a. This restriction shall not apply to any sale, offer to sell, or distribution of a single cigar that has a retail sales price of no less than $2.10 before sales tax. b. Cigars to which price promotions or discounts. apply shall not be excluded from this restriction. Section 23-106. SMOKING PROHIBITED. Smoking shall not be pennitted in, and no person shall smoke in, any licensed premises. . City of Brooklyn Center 23-11 06/07/14 Section 23-107. COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises shall be open to inspection by the City police or other authorized City official during regular business hours. Fron'l time to time, but at least once per year, the City shall conduct cm~pliance checks by engaging \Vith the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years to . enter the licensed premise to attempt to purchase tobacco, tobacco products or tobacco-related devices. Minors used for the pmpose of compliance checks shall be supervised by City designated law enforcement officers or other designated City personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products or tobacco-related devices when those items are obtained as a part of the cQmpliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Section 23-108. VIOLATION AND PENALTY. 1. Misdemeanor prosecution. Nothing in this Section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of Sections 23-101 through 23-108. 2. Administrative penalties. a) Licensees. Administrative Penalties: Licensees. If a licensee or employee of a licensee sells tobacco to a person under the age of 18 years, or violates any other provision of Sections 23-101 through 23- 109, the licensee shall be charged an administrative penalty of $100. An administrative penalty of $200 shall be imposed for a second violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of $250 shall be imposed, and the licensee's authority to sell tobacco at that location shall be suspended for not less than seven days. b) Other individuals .. Other individuals, other than minors regulated by Sections 23-101 through 23-108, found to be in violation ofSections 23-101 through 23-108 shall be charged an administrative fine of $50.00. City of Brooklyn Center 23-12 06/07/14 c) Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco _products, tobacco- related devices, or nicotine or lobelia delivery devices, shall be subject to an administrative fine, or may be subject to tobacco-related education classes, diversion programs, community services, or another penalty that the City believes will be appropriate and effective. The administrative fine or other penalty shall be established by City Council ordinance upon the City Council's consultationwith interested parties of the courts, educators, parents and children to determine an appropriate penalty for minors in the city. This administrative fine or other penalty may also be established from time to time by the ordinance or resolution establishing fees and charges, as it may be amended from time to time. d) Statutory penalties, If the administrative penalties authorized to be imposed by Minnesota Statutes, Section 461.12, as it may be amended from time to time, differ from those established in this Section, then the more severe penalty shall prevail. City of Brooklyn Center 23-13 06/07114 City Council Agenda Item No. 6d C01UNCTIL TI'fEM MEMORANDlJM DATE: March 17, 2015 To: Cmt Bo ganey, Ci ty Manager FROM: Mike Al bers, Project M anager THRO U GH : Steve Lille ha u g, Director of P ubl ic Works/City Engineer S-i-i- SUBJECT: Resolution Appr oving P lans an d Specifications and Authorizing Adve1t ise ment for B id s, Imp rovement Project Nos. 20 15-05, 06 , 07 and 0 8, 63rd Avenue Street , Storm D rainage and U tility Imp rovements Recommendation: It is recommended that th e City Cou nci l cons ide r approval of the attach ed resolution approving p lans and spec ifi cations and aut horiz ing adve1tisement for bids, Improvement Project Nos. 2015 - 05 , 06, 07 and 08, 63 rd Avenue St ree t , Storm Drainage a nd U tili ty Improvement s. Backg round: On Janua ry 12, 20 15, City Co un c il conducted a serie s of two publ ic hearings on the proposed 63rd A ve nu e Street, Sto rm Drainage and Util ity Improvements. At that meeting, C ity Council or de re d the improvement s and dire cted st aff to prepare ·plans an d sp ec ifi ca tion s fo r the project. Construction p lan s, speci fi cations and co nt rac t documents have been prepared for the project. The overall scope of the project remains consistent w ith the im provements outlined in the feas ibi lity study. Staff is prepa red to begin the p roje ct bidding process upon autho r ization fr om t he City Co unci l. Th e biddin g process wo uld involve advertisement of the project in t he C ity 's offic ia l newspaper and in Finance a nd Commerce . Sealed bids wo ul d be co llecte d , opened on a scheduled b id opening date, and ta bulated by the C ity C lerk and City Engineer. St aff anticipates that the b id results will be presente d to the City Council for cons id era tion at the May 11 , 2015 , City Council meet ing . Budget Is sues: The total project cos t is estimated to be $4,545,000. F unding sourc es fo r the project are budgeted from so urces as des crib ed in the project feas ibility report previou sly accepted by the City Co un cil on D ecember 8, 2014, ai1d presented to th e Co uncil at the January 12, 201 5, meeting. Subsequen tly, the p lanned scop e for the stonn sewer util ity has bee n revised and expande d to in clude r epl ace ment of the m aj ority of the sewer pipe. The se necessar y revis ions we re di scovered durin g the final design stages of the proj ect a nd are necessa ry to m ee t the re quire d design standards. It is ex p ected that the p lann ed co ntinge ncy amounts will cover the add iti on al project costs but w ill be reevaluated once ach1al bid amounts are received. Strategic Priorities: o Vibrant Neighborhoods JYiission: E n surin g an attra ctive, clean, safe, inclusive C0/111111/IIi(J' tltat eulu m ces tfte quali(v of life for all p eople and preserves tlt e public tmst Member moved its adoption: RESOLUTION NO. introduced the following resolution and ------- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2015-05, 06, 07 AND 08, 63RD AVENUE STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council, by Resolution No. 2015-16, ordered Improvement Project Nos. 2015-05, 06, 07 and 08 and authorized the preparation of plans and specifications for the 63rd A venue Street, Storm Drainage and Utility Improvements; and WHEREAS, said plans and specifications have been prepared under the direction of the City Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The plans and specifications for Improvement Project No. 2015-05, 06, 07 and 08 are hereby approved and ordered filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official newspaper and in Finance and Commerce an advertisement for bids for the making of such improvements. in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an oppmiunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or ce1iified check payable to the City of Brooklyn Center for 5 percent of the amount of such bid. March 23 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. c .g "' <D "' / § n. / "' "l 0 j / ~ .,;; PLAN SYMBOLS STATE LINE COUNTY LL'-'E. TOWNSHIP OR RAtlCE UNE SECTJmJ LitlE_ OU-iRTER lii<E PROPERTY l~'-:E (Except Land Unes) ----- VACATED PLATTED PROPERTY. PLANS FOR: CITY OF JBROOKL YN CENTER AVENUE JRECON§TJR UCTION PROJECT CITY PROJECT NO. 2015-05, 06, 07, 08 GRAD I NG.? ... B..I.TVM...I..N..O.~.? .... P..AY..LN..G.~ .. TRAILS/WALKS 9 SAN. IT A.RY S~WER & .... ~ATERMA IN 9 .. .O..~.AJN.A.G.E..1 . ~.QN.~RITE. ... 9~.R.~ .... ~ .. G.~TT.E.R,_ SIGNING & STRIPING CORPORATE OR CITY UVlTS STATE AID PROJ.N0.109-101-005 LOCATED ON 63RD AVENUE NORTH FROM VERA CRUZ LANE NORTH TO BROOKLYN BOULEVARD TRUNK HIGl-ffiAY CEilTER LINE CONC, RETAINING l'iALL RAILROAD. RAILROAD RIGHT-OF-WAY LINE RIVER OR CREEK DRY RUN. DRAINAGE DITCH ORAl!< TILE .. CULVERT .. DROP l'llET. GUARD RAIL BARBED WIRE FD>CE . ViOVEtl I'IIRE FENCE CHAIN Ltlfll. FEfiCE RAILROAD SNOi'l FENCE STONE VIALL OR FENCE HEDGE RAILROAD CROSSf'lG S!Gtl RAILROAD CROSS~'<G BELL ELECTRIC ilAR!IltlG SIGN CROSSI:.'.'C GATE. M[AilOER CORNER MAIL SOX SPR!IIGS MARSH TIMBER } ORCHARD BRUSH NURSERY CATCH BA511J FIRE HYDRAIH. CATTLE GUARD OVERPASS !Highway Ovet:"! U1WERPASS !Highway Under! BRIDGE BUILDING tone Story From~) F-FRAME C-CONCRETE 5-STOUE T-TILE B-BRICK ST-STUCCO IRON PIPE OR ROD ~ ~ SIZE ->--)-~- 0====== -XC--XC- / / ---+ M311 ' S.A.P. 109-101-005 c.s~ BEGIN CONSTRUCTION fd ~ 63RD AVE N [&[ STA. 101+68.59 =if= ~ MONUMENT !STONE, CONCRETE. OR IJETAU WOODEN HUB GRAVEL PIT., SAUD PIT .. BORROr/ PIT . ROCK QUARRY UTILITY SYMBOLS POWER POLE LINE TELEPHONE OR TELEGRAPH POLE Llll£ JOINT TELEPHONE Atm POWER ON POWER POLES ON TELEPHONE POLES ANCHOR STEEL TOWER STREET LICHT PEOESTAL !TELEPHOiiE CABLE TER~11NAL.l GAS MAIN WATER MI\IN COI.'OUIT TELEPHONE CABLE IN CONDUIT ELECTRIC CABLE IN COtiOUIT TELEPHONE MANHOLE ELECTRIC MANHOLE BURIED TELEPHONE CABLE BURIED ELECTRIC CABLE AERIAL TELEPHOt-.'E CABLE SEWER. ISAI\:ITAR'O SETIER. !STORM> SEI'IER MANHOLE HANOHOLE © ® ® @ -G--G- -1--1- -T=r= ____..,_,_ = = --T-BUR-- --P-BUR-- ->-->- -»--»- r:tiH DESIGN DESIGNATION FOR: R-VALUE ADT (Current Year) 2015 = ADT lFuture Yearl 2035 = PAVEMENT DESIGN FUNCTIONAL CLASSIFICATION NO. OF TRAFFIC LANES NO. OF PARKING LANES ESALS (20) Design Speed Based on Sight Distance Height of eye I Height of Object Design Speed not achieved at: 63RD AVE N 6}. 6,170 9,170 ... 10 .TO.N .. COLLE(;TOR. 2 2 .. 680,000. .3.0 .. MPH . S!OPPING ... ~.5' / 2,0' N/A. GROSS LENGTH. . ?E382 • .Q7 FEET 1,0!3. MILES BRIDGES-LENGTH.. 0 FEET . 0 . MILES EXCEPTIONS-LENGTH.. 0 FEEL 0 MILES NET LENGTH.. . 5682.07 FEET. 1,08 . MILES REF. POINT N/1\ .TO REF. POINT N/A LENGTH AND DESCRIPTION BASED UPON ~ 63RD AVE N T1 19N R21 W E~~ 4 3 TI!BN R21rl 60th 59th AVE. DATE PLAN REVISIONS SHEET NO. APPRoVED BY S.A.P. 109-101-005 END CONSTRUCTION ~ 63RD AVE N STA. 158+50.66 SCALES INDEX MAP GENERAL LAYOUT PLAN PROFILE 50' HOR[l. X-SECTION 10' HORIZ. 1000' 200' 50' 5' VERT. 10' VERT. PROJECT LOCATION COUNTY : .HENNEP.IN DISTRICT . ~ElJlQ ' GOVERNING SPECIFICATIONS THE 2014 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION 'STANDARD SPEC!F!CA TIONS FOR CONSTRUCTION' AND THE 2014 EDITION OF THE 'MATERIALS LAB SUPPLEMENTAL SPECIFICATIONS FOR CONSTRUCTION' SHALL GOVERN. ALL TRAFFIC CONTROL DEVICES SHALL CONFORM AND BE INSTALLED IN ACCORDANCE TO THE 'MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES' (MN MUTCD) AND PART VI, 'FIELD MANUAL FOR TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS" • SHEET NO. 1 2 3-5 6 7-9 10 11-15 16-19 20-35 36 37-42 43 44-46 47-49 50-54 55-62 63-67 68-70 71-72 73 74-78 79-83 84-86 87-97 98-100 101-123 INDEX TITLE SHEET GENERAL LAYOUT SHEET DESCRIPTION STATEMENT OF ESTIMATED QUANTITIES EARTHWORK SUMMARY, BALANCE, AND MNDOT STANDARD PLATES CITY OF BROOKLYN CENTER STANDARD PLATES CONSTRUCTION/SOILS NOTES TABU LATIONS TYPICAL SECTIONS STANDARD PLAN SHEETS DETOUR PLAN STAGING AND TRAFFIC CONTROL PLAN ALIGNMENT PLAN AND TABULATION TOPOGRAPHY AND UTILITY PLAN REMOVAL PLAN CONSTRUCTION PLAN AND PROFILE INTERSECTION DETAILS DRAINAGE PLAN AND PROFILE MISCELLANEOUS DRAINAGE PROFILES DRAINAGE TABU LATIONS RAIN GARDEN DETAILS STORM WATER POLLUTION PREVENTION PLAN (SVIPPPl SANITARY SEWER AND VIA TERMAIN PLAN AND PROFILE SIGNING AND STRIPING PLAN TRAFFIC SIGNAL PLANS LANDSCAPING PLAN AND DETAILS CROSS SECTIONS THIS PLAN CONTAINS . ..1.2.3. .. SHEETS Consulting Group, Inc. I HEREBY CERTIFY THAT THIS PLAN VIAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAVIS OF THE STATE OF MINNESOTA. SIGNATURE DATE XX/XX/XX LJC. NO. __illiT__ PRINT NAME APPROVED: ................................................ . CITY ENGINEER, CITY OF BROOKLYN CENTER STEVEN J. MILLER .... 20 .... APPROVED: ....................................................................................... 20 .. . HENNEPIN COUNTY: DIRECTOR, TRANSPORTATION DEPARTMENT & COUNTY ENGINEER APPROVED: ..................................................... . ............... 20 .......... HENNEPIN COUNTY: DESIGN DIVISION ENGINEER APPROVED: ....................................................................................... 20 ......... . DISTRICT STATE AID ENGINEER: REVIEYIED FOR COMPLIANCE YIITH STATE AID RULES/POLICY . iipr>fioii(o. FoR· ·si'ii"E'. iii<i. FUfi<iiiiGi STATE. 'i>.io. ENGiNEER .............. 20 · ......... . ~ +~----~~~~~~~~~~~~~~~~~~~~~~~~~~~~--~--------------------------~~------------------------------------~--------------------~--~----------r---------------------------------~------------------------------------------------------------------i ~~~ THIS PLAN AND/OR SPECIFICATION VIAS PREPARED SPECIFICALLY FOR THIS PROJECT, AND ANY RE-USE oF DETAILS THE SUBSURFACE UTILITY !NFORMAT!Oil IN THIS PLAN IS UTILITY QUALITY LEVEL D. ';?~/: OR SPECIF!CAT!OilS ON OTHER PROJECTS IS NOT INTENDED OR AUTHORIZED BY THE DESIGNER. LIABILITY FOR THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO GUIDELINES OF C!IASCE 38-02. ~~~~----~-~_:_N_R_~~-U-~-~-E_gN_IF-~-~-~~-~-o-~_R_g;_~_;_T_~_Ro_I~~1 -~~~E~1 s~R~~~~~6~~~~~~~~~-IL-I-T-Y-O-F--T-H-E-P-E-R-S-ON-, __ A_GE-N-C-Y-,_o_R __ c_o_RP-0-R-A-T-IO-N--u_s_IN-G-----------L----~~~~~~~~U~T~~~~~~c~~S~~~~~~~~~~~~~~g~~~iA~o~~·~~~-N_E_s_F_O_R __ TH-E--C-OL_L_E_c_T-IO_N __ A_No __ D_E_P_Ic_T_I_O_N_O_F __ E_x_Is_T_!_N_G ________ L-s __ ._A_._P __ • __ .. _ .. _ .. _._ .. _ .. _ .. _. ______ .. _ .. _l_0_ .. _~_-~_.1_ .. _0_.1_.-_ .. _.o_ .. _O_O_ .. ________________ s __ H __ E_E __ T ___ N __ O_. __ .. _ .. __ .J_ .. _ .. __ .. _.O __ F __ .. _ .. _l_2_.3_ .. _._ .. _S __ H_E __ E_T __ S~ ~ "' :<j CITY OF BROOKLYN PARK BEGIN S.A.P. 109-101-005 63RD AVE N STA. 101+68.59 63RD AVE CITY OF BROOKLYN z w > <( _j H <( ::::> CJ CENTER o::J z w > <( >-0:: 0:: w a.. HENNEPIN COUTY z w > <( 0 0:: <( :c u 0:: 0 z w > <( w _j ID 0 z CITY OF BROOKLYN CENTER 0:: 0 w z H 0:: :c 1- <( ~ z w > <( 0:: 0 J <( ~ z w > <( w w _j 0 0 0 0 + "' "' .--< w z H -' :c u 1- <( :::; END S.A.P. 109-101-005 63RD AVE N STA. 158+50. 66 @) <S> I XXX I @ 0 200 400 r-;;-.. I scale In feet LEGEND TOPOGRAPHY AND UTILITY PLAN SHEET NO. REMOVAL PLAN SHEET NO. CONSTRUCTION PLAN SHEET NO. DRAINAGE PLAN SHEET NO. INPLACE ROADWAY PROPOSED CONSTRUCTION 0 200 400 ,__ __ I scale In feat STATE AID PROJECT NO. DRAWN BY 109-101-005 ~~~~ ~~-~-----.--r--r--r-------------------------------------------------TTt~~~~haT~~~~~~~~~ITAl~illPmM~~r-~DRim4~--,---------------------------r---~--~~~~~~~~~~~~~~-------r~~~ .... 1-I hereby cer+Jty that thls p!an.speclflcatlon.ar report CITY OF BROOKLYN CENTER SHEET ~ 1--+--+-1-+-+------------------------~ ~~~tp~~~orae~~~ Ct~e~~e~n~~~f:~sl~i~~~c~n~i~~vi~~od~rand 1----_.;..;:..,;...;__;._,....;..;,..;..._.;;;;..;_ __ ..;._ _____ -i I J. VAN BECK ENGINEERS STATE PROJECT NO. DESIGNED BY PLANNERS X A. EMERSON COUNTY PROJECT NO. CHECKED BY DESIGNERS X S. MILLER Consulting Group, Inc. CITY PROJECT NO. 2015-05 COMM. NO. 0148651 / the laws of the State af Minnesota. GENERAL LAYOUT 2 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~M~M' srrvEN J. MILLrn 63RD AVENUE RECONSTRUCTION PROJECT OF ~~~~NO~~D~AT~E~B~Y~C~KD~A~PP~RL_ __________ ~R~E~VI~S~IO~N------------i -Do-te--------------------4~1~3~27~ 123 V~:I: •.• \CAD-BIM\Pian\865l_gf01.dgn License= City Council Agenda Item No. 6e COUNCIL JI'FJEM MEMORANDUM DATE : March 17,2015 T O: Cmi B og aney , City Manager FROM: Steve L ill ehau g, D irect or of P ubli c Works/City Engineer Sf~ SUBJECT: R esolut ion Accepting Bi d and A uthor izing Award of Contract, Imp rovement No. 2015 -12, Contract 15 -F, 201 5 Street Seal Coat ing Recommendation: It is recommended th a t the City Cou nci l cons ider approval of the lowest bi d and awa rd a contrac t for the 20 15 st reet seal coati ng ac ti vi ties . A ma p d epicti ng t he extent of th e propose d work is a lso attached t o thi s me mora ndum. Background: Construc t ion b ids for the 2015 Street Sea l Coating Project were so lic ited as pa rt of a Jo in t P owe rs A greement (JPA) for street m ai ntenan ce activities with the citi es of Coon Rap id s, Andover, Anoka, F r idley, Ham Lake , Co lumbi a H eights, Mahtomedi, E ast B eth el an d Circle Pin es. The intent of this joint powers agreemen t is to provide an opportunity for patti ci p atin g citi es to obtai n lower un it bi d prices by combining annual maintenance wo rk for several commun it ies into one proj ec t bid in order to promote a m ore competitive bidd in g environment. The Jo int Powers arrange ment appears to be producing highly competiti ve b ids for thi s work. Con struct ion contract bids were co ll ected and open ed by the C ity of Coon Rap ids on March 13, 2015 . T he biddin g res ult s are ta b ulated as foll ows: Biddet All ied Blacktop Pe arso n Bros . As tech Corp . Bud get Iss ues : JP A Bid Amount $1,409,831 $1,457,438 $1,526 ,232 Of the t hree (3) bids r eceived, t he lowes t Joint Powers bi d was su bmitted by All ied Blacktop of Maple Gr ove, M inn esota, in the am ount of$1,409,831.00. Brooklyn Center's pmtion of the b id is $127,171 and is w ithin the d es ignated 2015 operat ing bud get. Strategic Priorities : o Financial Stab ili ty ~fission : Ensurin g an att ractive, clean, safe, inclusive co mmuni(p tlwt en h ances tile qrwli(l' of life fur all p eople and preserl'es tile public trust Member moved its adoption: introduced the following resolution and RESOLUTION NO. _____ _ RESOLUTION ACCEPTING BID AND AUTHORIZING AWARD OF CONTRACT, IMPROVEMENT PROJECT NO. 2015-12, CONTRACT 15-F, 2015 STREET SEAL COATING WHEREAS, bids for the 2015 Street Seal Coating activities were solicited under the Joint Powers Agreement (JP A) for street maintenance activities as authorized by City Council Resolution No. 2006-21; and WHEREAS, pursuant to an advertisement for bids, bids were received, opened, and tabulated by the City of Coon Rapids on the 13 111 day of March, 2015, under the JPA. Said bids are as follows: Bidder Allied Blacktop Pearson Bros. Astech Corp JPA Bid Amount $1,409,831 $1,457,438 $1,526,232 WHEREAS, the overall lowest responsible bidder in accordance with the Joint Powers Agreement Contract is Allied Blacktop, and Brooklyn Center's portion amounts to $127,171. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Director ofPublic Works is hereby authorized to order 2015 seal coating activities, pursuant to the Joint Powers Agreement for Street Maintenance Activities, for Improvement Project No. 2015-12, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. Project costs shall be allocated as follows: Public Works Street Maintenance ( 43220-6404) Municipal State Aid Fund (40200-6404) March 23 2015 $89,020 $38,151 Date Mayor ATTEST: __________________ _ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I -y\ / Legend .,_.CRS-2P-75,594 S Y ' \ 2015 Sea l Coating Area Earle Brown Fa rm A rea Public Works Department Ja nuary 9, 201 5 City Council Agenda Item No. 6f CCOUNC :fi"L JI 1L EM MEMORANDUM DATE: March 17,20 15 TO: Curt Boganey, City M an ager FROM: St eve Li ll ehaug, D irec tor of P ublic Works/C ity Engineer )J f SUB JECT: Reso lu tion Authorizing t he Exec ution of an Agreement for a P ubl ic Sp ace Recycl ing Grant bet ween Hennepin County and the C ity of Brooklyn Center Reco mmendation: It is r ecommended tha t the City Co un c il consider approval of th e resolut ion a uth or iz ing t he execution of a n agree m e nt for a pub lic sp ace recycl ing grant. Backg round: In A u gust 20 14, Hen nep in County iss ue d a so li citation f or grant app licat ions for th e P ub li c Space Recycl ing Gran t Program . The in ten t ion of the Cou nty program is to im prove pub lic access to recycl ing w hile away fro m home and to exp a nd recyc ling effo rts and programs a t parks, sp01ts venues, special events and along comm ercial di stricts . T he City su bmitted a n app lica ti on on August 25, 2014, a nd on Janu ary 27, 20 15, t he Hennep in County B oard approved th e City's project and awarded the City $1 0,000. The City's p rop osed eff01t s un de r t he gra nt inc lu de purch as ing and install in g 2 0 r ecycl ing conta ine r s in parks and along t ra ils and h igh -traffic bus corridors . T his proj ect w ill serve as a pi lot for fur ther exp ansi on of recycl ing opp 01tun ities in pu blic sp aces in Brooklyn Center. Bud get I ss ue s : The cos t to install t he receptacles is estimated to be ap proximately $100 per receptacl e ($2,000 total) and wi ll be ta ken out of t he 2 0 15 Streets Operating bud get. Additi ona l soft costs that wi ll be abso rb ed by existing budgets and City staff include the necessary work to coordinate the proj ect and foll ow-up report ing as req uired. S tr a teg ic Priorities : • Commun ity Image lvfission : Ensuring an attractive, clean, safe, inclusive commtll ti~l' that en hances t!t e qua!i~l' of life for all people an d pres er ves tlte public tmst Member moved its adoption: introduced the following resolution and RESOLUTION NO. _____ _ RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR A PUBLIC SPACE RECYCLING GRANT BETWEEN HENNEPIN COUNTY AND THE CITY OF BROOKLYN CENTER WHEREAS, the Hennepin County Department of Environment and Energy (County) solicited applications for a public space recycling grant program; and WHEREAS, the City of Brooklyn Center (City) submitted said grant to purchase and install 20 recycling receptacles to be placed alongside existing litter receptacles located at key points in the City's parks, at certain bus stop locations in the City's downtown commercial district and along certain trails; and WHEREAS, the City was selected by the County to implement its program and awarded the City $10,000 in incentive grant funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor and City Council suppmi the City's pmiicipation in the Public Space Recycling program and accept the $10,000 in incentive grant funds to implement the City's recycling project. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that City Manager is hereby authorized and directed to execute said Public Space Recycling Grant Agreement. March 23 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. Contract No: A142803 PUBLIC SPACE RECYCLING GRANT AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 (''COUNTY"), on behalf of the Hennepin County Department of Environment and Energy, 701 South Fomih Street, Suite 700, Minneapolis, Minnesota 55415 ("DEPARTMENT") and the City ofBrooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 ("GRANTEE"). WHEREAS, the Hennepin County Board has established a Public Space Recycling Grant Program to provide funding ("Incentive Funds") to selected eligible waste abatement projects; and WHEREAS, the GRANTEE has made an application for a waste abatement project and has been selected for funding of said described project in accordance with the terms of this Agreement (application copy attached as Exhibit A); NOW, THEREFORE, the pmiies agree as follows: 1. TERM AND COST OF THE AGREEMENT This Agreement shall commence upon execution and terminate July 31,2016, unless terminated earlier in accordance with the Default and Cancellation provisions of this Agreement. The total cost of this Agreement, including all reimbursable expenses, shall not exceed Ten Thousand Dollars ($10,000.00). 2. SERVICES TO BE PROVIDED a. The GRANTEE will operate its waste abatement project (hereinafter the "Project"), including the proposed Project budget, as described in the application submitted by the GRANTEE and kept on file with the COUNTY (See Exhibit A). b. In addition to the services referred to above, the GRANTEE agrees: 1. The GRANTEE shall submit to the DEPARTMENT an interim report by October 30,2015, and a final repmi by June 15,2016. The repmis should include at a minimum: 11 Project summary; 11 Results achieved; 11 Amount of material collected, recycled, and disposed; 11 Obstacles/challenges encountered; (Public Space Recycling Grant-1/2015) 1 • Recommendations; 11 Detailed budget expenditures; and • Cost/benefit analysis of the Project. The COUNTY shall have full ownership and control of all reports, which includes the right of the COUNTY to use any data and information contained in such project rep01i in any manner the COUNTY determines, including but not limited to case studies or public presentations. 2. All containers funded by COUNTY Incentive Funds shall prominently display, on all accessible sides, weather-resistant labels that designate the container for recycling. The labels shall include at a minimum; • The preferred COUNTY symbol for recycling; 11 Photo images of recyclable materials; and • The preferred COUNTY terms for recyclable materials. All labels shall be approved by the DEPARTMENT prior to production. The GRANTEE may request customized recycling container labels from the DEPARTMENT at no additional expense to the GRANTEE. 3. All recycling containers funded by COUNTY Incentive Funds shall be co- located with trash containers. 4. All Incentive Funds accepted from the COUNTY over the term of the Agreement shall be used solely for Project expenses relating to waste reduction and recycling, as described in the Project. The GRANTEE shall not retain any Incentive Funds in excess of actual Project expenses and shall return any such excess Incentive Funds to the COUNTY upon completion of the Project. 5. The GRANTEE may not charge its residents through propetiy tax, utility fees, special fees or any other method for that portion of the costs of the Project that is funded by COUNTY Incentive Funds. 6. The GRANTEE shall establish a separate accounting mechanism, such as a Project number, activity number, cost center, or fund that wiii separate Incentive Fund revenues and expenditures from aU other GRANTEE activities. 7. Incentive Fund Project activities, revenues, and expenditures are subject to audit by the COUNTY to ensure compliance with the purpose of this grant. Any Incentive Fund expenditures not approved shall be returned to the COUNTY. c. All right, title and interest in all copyrightable material which the GRANTEE may conceive or originate either individually or jointly with others, and which arises out of · (Public Space Recycling Grant-1/20 15) 2 the performance of this Agreement, are the propetiy of the COUNTY. The GRANTEE shall assign to the COUNTY all right, title, interest and copyrights of the copyrightable material. The GRANTEE also agrees, upon request of the COUNTY, to execute all papers and perform all other acts necessary to assist the COUNTY to obtain and register copyrights on those materials. Where applicable, works for authorship created by the GRANTEE for the COUNTY in performance of this Agreement shall be considered "works made for hire" as defined in the U.S. Copyright Act. d. The GRANTEE hereby warrants that, when legally required, the GRANTEE shall obtain the written consent of both the owner and licensor to reproduce, publish, and/or use any material supplied to the COUNTY including but not limited to software, hardware, documentation, and/or any other item. The GRANTEE further warrants that any material or item delivered by the GRANTEE will not violate the United States Copyright Law or any property right of another and agrees that the GRANTEE shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers, and employees, at the GRANTEE's own expense against any alleged infringement of any copyright or propetiy right. 3. PAYMENTFORSERVICES The COUNTY shall pay Incentive Funds to the GRANTEE in an amount not-to-exceed Ten thousand dollars ($10,000.00). The first Incentive Fund payment of Five thousand dollars ($5,000.00), 50% of the total grant amount, shall be disbursed upon execution of the Agreement. The second Incentive Fund payment of Three thousand dollars ($3,000.00), 30% of the total grant amount, shall be disbursed upon approval of the interim Project report. The final Incentive Fund payment of Two thousand dollars ($2,000.00), 20% of total grant amount, or remaining funds, shall be disbursed upon approval of the final Project report. 4. INDEPENDENT CONTRACTOR GRANTEE shall select the means, method, and manner of performing the services. Nothing is intended or should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting GRANTEE as the agent, representative, or employee of the COUNTY for any purpose. GRANTEE is and shall remain an independent contractor for all services performed under this Agreement. GRANTEE shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel of GRANTEE or other persons while engaged in the performance of any work or services required by GRANTEE will have no contractual relationship with the COUNTY and will not be considered employees of the COUNTY. The COUNTY shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law or the Workers' Compensation Act of the State of Minnesota on behalf of any personnel, including, without limitation, claims of discrimination against GRANTEE, its officers, agents, (Public Space Recycling Grant-1/2015) 3 contractors, or employees. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation, unemployment compensation, disability, severance pay, and retirement benefits. 5. INDEMNIFICATION GRANTEE agrees to defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of GRANTEE, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of GRANTEE to perform .any obligation under this Agreement. 6. INSURANCE A. GRANTEE agrees at all times during the term of this Agreement to have and keep in force the following insurance coverages: 1. Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate Products-Completed Operations Aggregate Personal and Advertising Injury Each Occurrence-Combined Bodily Injury and Property Damage 2. Workers' Compensation and Employer's Liability: Workers' Compensation Employer's Liability. Bodily injury by: Accident-Each Accident Disease-Policy Limit Disease-Each Employee $2,000,000 2,000,000 1,500,000 1,500,000 Statutory 500,000 500,000 500,000 B. An umbrella or excess policy over primary liability insurance coverages is an acceptable method to provide the required insurance limits. (Public Space Recycling Grant-1/2015) 4 The above establishes minimum insurance requirements. It is the sole responsibility of GRANTEE to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Upon written request, GRANTEE shall promptly submit copies of insurance policies to the COUNTY. GRANTEE shall not commence work until it has obtained required insurance and filed with the COUNTY a properly executed Certificate oflnsurance establishing compliance. C. Duty to Notify. GRANTEE shall promptly notify the COUNTY of any claim, action, cause of action or litigation brought against GRANTEE, its employees, officers, agents or subcontractors, which arises out of the provisions contained in this Agreement. 7. DATA PRACTICES GRANTEE, its officers, agents, owners, partners, employees, volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality. If GRANTEE creates, collects, receives, stores, uses, maintains or disseminates data because it performs functions of the COUNTY pursuant to this Agreement, then GRANTEE must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. GRANTEE agrees to defend, indemnify and hold harmless the COUNTY, its officials, officers, agents, employees, and volunteers from any claims resulting from GRANTEE's officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of such protected data, or other noncompliance with the requirements of this section. GRANTEE agrees to promptly notify the COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. The terms of this section shall survive the cancellation or termination of this Agreement. 8. RECORDS-AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, GRANTEE agrees that the COUNTY, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of GRANTEE and involve transactions relating to this Agreement. GRANTEE shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its termination or cancellation. (Public Space Recycling Grant-112015) 5 9. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. GRANTEE binds itself, its partners, successors, assigns and legal representatives to the COUNTY for all covenants, agreements and obligations contained in the contract documents. B. GRANTEE shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the COUNTY. A consent to assign shall be subject to such conditions and provisions as the COUNTY may deem necessary, accomplished by execution of a form prepared by the COUNTY and signed by GRANTEE, the assignee and the COUNTY. Permission to assign, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. C. GRANTEE shall not subcontract this Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of the COUNTY. Permission to subcontract, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. Further, GRANTEE shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between GRANTEE and each subcontractor shall require that the subcontractor's services be performed in accordance with the terms and conditions specified. GRANTEE shall make contracts between GRANTEE and subcontractors available upon request. 10. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. (Public Space Recycling Grant -l/20 15) 6 II. DEFAULT AND CANCELLATION A. If GRANTEE fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless GRANTEE's default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY to delay payment until GRANTEE's compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to GRANTEE. B. Upon cancellation or termination of this Agreement, the GRANTEE shall itemize any and all Incentive Fund expenditures up to the date of cancellation or termination and return any Incentive Funds not yet expended. C. Notwithstanding any provision of this Agreement to the contrary, GRANTEE shall remain liable to the COUNTY for damages sustained by the COUNTY by virtue of any breach of this Agreement by GRANTEE. Upon notice to GRANTEE of the claimed breach and the amount of the claimed damage, the COUNTY may withhold any payments to GRANTEE for the purpose of set-off until such time as the exact amount of damages due the COUNTY from GRANTEE is determined. Following notice from the COUNTY of the claimed breach and damage, GRANTEE and the COUNTY shall attempt to resolve the dispute in good faith. D. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this Agreement, law, statute, rule, and/or equity. E. The COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. F. This Agreement may be canceled with or without cause by either pmiy upon thirty (30) day written notice. G. . COUNTY may upon written notice immediately cancel or terminate this Agreement in the event funding for this Project is withdrawn, frozen or otherwise made unavailable, in the sole discretion of the COUNTY. COUNTY is not obligated to further fund the Project after notice and effective date of termination. 12. SURVIVAL OF PROVISIONS (Public Space Recycling Grant-112015) 7 Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: SERVICES TO BE PROVIDED (as to ownership ofpropetiy); INDEPENDENT CONTRACTOR; INDEMNIFICATION; INSURANCE; DATA PRACTICES; RECORDS- AVAILABILITY I ACCESS; DEFAULT AND CANCELLATION; PROMOTIONAL LITERATURE; and MINNESOTALA W GOVERNS. 13. CONTRACT ADMINISTRATION In order to coordinate the services of GRANTEE with the activities of the Hennepin County Depmiment of Environmental Services soas to accomplish the purposes of this Agreement, Dave McNary, Solid Waste Division Manager or successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and GRANTEE. Steven Lillehaug, Director ofPublic Works/City Engineer, who can be contacted at 763-569-3340 and publicworks@ci.brooklyn-center.mn.us, shall manage this Agreement on behalf of the GRANTEE. GRANTEE may replace such person but shall immediately give written notice to the COUNTY of the name, phone number and email address of such substitute person and of any other subsequent substitute person. 14. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. GRANTEE shall comply with all applicable federal, state and local statutes, regulations·, rules and ordinances currently in force or later enacted. B. GRANTEE shall comply with all applicable conditions of the specific referenced grant. C. GRANTEE certifies that it is not prohibited from doing business with either the federal government or the State of Minnesota as a result of debarment or suspension proceedings. 15. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating Department at the address given in the opening paragraph of the Agreement. Notice to GRANTEE shall be sent to the address stated in the opening paragraph of the Agreement. (Public Space Recycling Grant-1/2015) 8 16. PROMOTIONAL LITERATURE GRANTEE agrees, to the extent applicable, to abide by the current He1mepin County Communications Policy (available upon request). This obligation includes, but is not limited to, GRANTEE not using the term "Hennepin County" or any derivative in any promotional literature, advertisements of any type or form or client lists without the express prior written consent of a COUNTY Department Director or equivalent. 17. MINNESOTA LAWS GOVERN The Laws ofthe State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the pmiies and their performance. The appropriate venue and jurisdiction for any litigation will be those comis located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal comis involving the pmiies will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK (Public Space Recycling Grant-1/2015) 9 Contract No: A142803 COUNTY ADMINISTRATOR APPROVAL Reviewed by the County Attorney's Office By: __________ _ Assistant County Attorney Date: ------------------------ COUNTY OF HENNEPIN STATE OF MINNESOTA By:. ______________ _ David Hough, County Administrator Date: ----------------------------------- By: ______________ _ Assistant County Administrator -Public W arks Date: __________________________________ _ Recommended for Approval By: ______________ _ . Department Director of Environmental Services Date: __________________________________ _ GRANTEE, (City of Brooklyn Center) GRANTEE warrants that the person who executed this Agreement is authorized to do so on behalf of GRANTEE as required by applicable atiicles, bylaws, resolutions or ordinances*. By: ________________ ___ Printed Name: __________________________ _ Printed Title: __________________________ _ Date: ----------------------------------- * GRANTEE shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. This documentation shall be submitted at the time GRANTEE returns the Agreement to the COUNTY. (Public Space Recycling Grant-1/2015) 10 Exhibit A 2014 Public Place Recycling Grant Program Application Form 20i 4 Public Place Recycling Grant P~rogram Application Form Application Due -5:00PM, Monday, August 25, 2014 (Grant applications must be submitted on this form-All sections must be comp leted) E-mail Copy to: caro lyn.collopy@hennep in.us Mail Signed Copy to: Carolyn Collopy Hennepin County Dept. of Environmental Services 417 N. 5th St., Suite 200 M inneapolis, MN 5540 1-1309 (6 12) 596-0993 Applicant Information: Public Entity: City of Brooklyn Center Contact Person : Steven L. Lillehaug Add ress: 6301 Shingle Creek Parkway City , State, Zip: Brooklyn Center, MN 55430 Phone : 763.569 .3340 Title: Director of Public Works/City Engineer E-Ma il : slillehaug@ci.brooklyn -center.mn. us Project Title: Brooklvn Center Recycling Receptacle Initiative Grant Request:$10,0000 Matching Funds: $2,000 in-kind staff time Total Project Cost:$12,000 Authorizing Signature: The signature of a pe rson who has the autho rity to enter into a contract w ith Hennepin Coun ty on behal f of your organ izat ion (e.g ., City Manager, Superintendent , etc.) Steven L. Lillehaug Name (Ty ped or Printed) 1 Signature: ,c;'t:v""" f ('-U..tA'<-LJ Title: City Engin ee r/Director of Public Works 1. Project Description: Provide a b rief, one page or less, proje ct description . The p roject description should address : o project scope a nd design; o expecte d o utcomes; o c urrent re le van t practices and what practices will be cha nged during the project; o key ind ividuals pa rticip a ting in proj ect activit ies , incl uding a ny project collaborators; o overall proj ect timeline ; and o why proj ect is compelling a nd worthy of fund in g . i i 2014 Public Place Recycling Grant Program Application Form 2 The project scope for the Brooklyn Center Recycling Receptacle Initiative includes the purchase and installation of recycling receptacles with recycling lids that will be placed alongside 20 existing litter receptacles located at key points in the City's parks, along certain trails and at certain locations of high traffic bus stop locations in the City's downtown commercial district. The expected outcome is to increase recycling/reducing trash by providing a new opportunity for users that currently does not exist in these locations. While the City Public Works Department manages the overall trash collection, the recycling program would be a partnership with the community, Metro Transit and the adopt-a-bus shelter participants at those locations. Once funding is made available, the City would implement the purchase, install and use of this program immediately, expecting a couple months (non-winter) to fully implement the project, understanding that the project is expected to be a sustainable project that will be incorporated into everyday operations and maintenance. The project is worth funding as opportunities for recycling in many of these areas currently does not exist. 2. Innovation and Early Adoption: Describe how your project is new, unique, a new twist on a current practice, or an adoption of a new practice that is not yet widespread. This project is new to Brooklyn Center, and as indicated, will provide a substantial opportunity to capitalize on recycling waste that currently is mixed in with and thrown away with the trash. While such a project seems simple, it will be a significant undertaking of coordination and extra expense to implement to help ensure this project is maintained as a sustainable practice due to the expense of dual trash/recycling pickups, dual containers, possible educational needs, etc. 3. Proposed Project Tasks, Work Plan, and Timeline: List/describe the main tasks that your organization will undertake and the estimated timeline for each task in the following areas: (1) project planning and design, (2) project implementation, (3) evaluation of project outcomes for environmental benefits and waste abatement, and (4) project reporting. Research/Planning/Design: The City would designate the high volume recycling areas by determining where the most recycling materials is currently being thrown and mixed in the trash. We would then map the locations and incorporate these locations into the City's asset management inventory. This task is currently being performed by City staff, hoping a successful grant award. Implementation: The purchase and install of the recycling receptacles would be initiated and completed once award of the grant, estimating that this would take approximately 6 weeks (non-winter months) and dependent on product availability. Evaluation: The evaluation would be implemented immediately upon receptacle install. City staff would keep records of comparative volumes of trash vs. recycling at the determined locations. Mid-Project and Final Reporting Project reporting would be provided annually and at other iterations as desired. Reported statistics and data would include a summary of the final project, methodology of collection, volumes, costs, challenges/issues/successes, etc. 2014 Public Place Recycling Grant Program Application Form 4. Project Budget: Provide a detailed budget--including expenses for staff, printing, copying, mailing, equipment, materials, etc. If the project cost is more than $25,000, you must identify the nature and source of matching funds. (See Guidelines for more information on eligible and ineligible expenses). 3 Tasks/Items Costs Purchase of 20 recycling receptacles with lids $10,000 ($500/each) Total Grant$ $10,000 Match Tasks/Items Costs Installation of receptacles (estimated $2,000 $100/each) Ongoing maintenance, additional collection Undetermined, perpetual costs costs, etc. Total Match $ $2,000 Total Project $ $12,000 5. Environmental Benefits: Describe the environmental benefits of this project. Provide as many quantitative measures as possible (examples: project will prevent disposal of 400 lbs of styrofoam a year, 25 tons of organic material will be composted). Clarify which objective is met by the proposed project. If your project meets multiple objectives, be sure to emphasize all the objectives that will be met. 1. Recycling opportunities at parks and business districts 2. Zero-waste events and event venues Additional environmental benefits (energy conservation, water conservation, etc.) should also be included; these benefits will be considered in the evaluation, if the project meets one of the aforementioned outcomes. · Our estimated quantitative measure of reducing the amount of trash and increasing recycling is as follows: Currently, trash cans are emptied approximately once per week and are approximately half full, One trash can generates approximately 2.5 cubic feet of trash per week. Once implemented and the recycling receptacles are installed, it is estimated that about 30% of the trash would be reduced via recycling. On an annual basis for the 20 locations, the current estimated generation is 2600 cubic feet of trash (96 cubic yards). Once the recycling receptacles are implemented 2014 Public Place Recycling Grant Program Application Form based on the 30% assumption, the proportions would be approximately 67 cubic yards of trash generated annually and 29 cubic yards of recycling would be collected annually. 4 This recycling program will focus on permanent locations at parks, trails and within the business district, but will be used as a template program for further implementation of the City's recycling initiatives Citywide. 6. Measuring and Evaluating Results Describe how you will measure and evaluate the success of your project. Please provide a measurement strategy for each major project goal and outcome listed in Sections 1 and 3. Records will be kept recording the project costs, ongoing program costs of collection and volumes of trash and recycling collected. 7. Sharing the Project Describe how you will share the results of your project externally with other relevant entities, as well as internally. Once the program has been up and running for a full year, a memo will be generated that will provide an evaluation of success indicators. 8. Sustaining the Project Describe how your organization will sustain the project after it is completed without additional funding from Hennepin County. It is expected that the proposed recycling program will remain in place and continue to be sustainable through ongoing City funding, incorporating the costs into the annual budget and everyday operations within the City. City Council Agenda Item No. 6g CCOUNCClL !TEM MEMORANDUM DATE : March 17, 2015 T O: Curt Boganey, City Manager FROM: Steve L illehaug , Director of Public Works/City Eng ineer S:.f-K_ SUBJECT: Resolution Authorizing Execution of a Professional Services Agreement for Design and In-Constructio n Services, Project No. 2014 -1 1, 20 14 Capital Maintenance Building Project Recommendation: It is recommended that the City Council consider approval of the resolutio n authoriz ing execution of a Professional Services Agreement for the 20 14 Capital Maintenance Building Project (CMBP). Background: In 2007, the City developed an 18 -year Cap it al Building Maintenance Plan that included short - and long-term building and facility improvements for City fac ili ties. In the 2014 Capital Improvement Plan, funding was approved for City Hall, Community Center, Public Works Maintenance Facility and West Fire Station improvements that were identified in the plan. Some ofthe minor work and improvements have been completed but the major improvements remain. The work that remains inclu des improvements to facilities at the City Hall and Community Center campus including building envelope . seal ing, boiler upgrades, pool HV AC upgrades, exterior and interior li ghting upgrades, Commun ity Center roof re placement, west poo l wall improvements, system controls upgrade, pool p ump and filter upgrades, window replacements, Community Center HV AC upgrades and other miscellaneous improvements. In 2014, the City pursued implementing these impro vements though a Guaranteed Energy Savings Contract in accordance with State statutes. Through the stages of the proj ec t development , it was determined that the "energy savings" payback was not eno u gh to fully fund the project within the State's gu ide line s and that direct funding would need to be included to supplement this project. In consultation with the City Attorney, it was determined in July 20 14 that the City would need to follow the Municipal Contracting Laws t hat were contrary to the Gua ran teed Energy Saving Laws because of this nee ded supplemental funding. The project was then postp oned to 2015 due to seasonal constraint s. Currently, City staff has received proposals from two consultants that would be able to provide the professional design and construction services necessary for the City Hall and Community Center campus improvements. Based on project understanding, work plan, ex perience, team and fees, staff is recommend ing Stantec Consulting Services, Inc. to provide the needed profession al services for this project in the amount of $235,544. Budget Issues: In the 20 14 Capital Improvement Program, Capital Proj ect Funds were approved in the amount of $4,106,000 for the afo re mentioned building improvements. To date, $56,683 has been Mission: Ensuring an attmctive, clean, safe, inclusive commu nity that enhances tlte quality of l(fe for all people and preserves the public tmst COUNCIL ITEM MEMORANDUM expended for work completed. The professional design and construction services needed to complete the project amount to $235,544 and are within the budgeted amount. It should also be noted that many of the improvements remain consistent with the facility improvement measures that were part of the energy savings study for the Community Center and City Hall. The expected energy and operation savings as a result of the proposed improvements remain to be expected at approximately $53,000 annually and potential one-time rebates could amount to approximately $28,000, dependent on availability of grants and rebates at the time of construction. Strategic Priorities: • Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive cmmmmity tit at enhances tlte quality of life for all people and preserves the public tmst Member moved its adoption: introduced the following resolution and RESOLUTION NO. _____ _ RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN AND IN-CONSTRUCTION SERVICES, PROJECT NO. 2014-11, 2014 CAPITAL MAINTENANCE BUILDING PROJECT. WHEREAS, the 2014 Capital Improvement Program for the City of Brooklyn Center identified Community Center and City Hall building and facility improvements; and WHEREAS, the improvements are consistent with the 2007 Capital Maintenance Building Plan and are consistent with the environmental sustainability priorities and initiatives of the City; and WHEREAS, the project was not completed in 2014 but the planned improvements remain to be needed and desired by the City; and WHEREAS, the allocated funds designated for this project in 2014 in the amount of$4,106,000 remain set aside for this project; and WHEREAS, the City is now prepared to proceed with this project and has negotiated a Professional Services Agreement with Stantec Consulting Services, Inc. to provide for the design and in-construction services for said project; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor and City Manager are hereby authorized to execute an agreement with Stantec Consulting Services, Inc. in the amount of $235,544 to provide professional services for the 2014 Capital Maintenance Building Project. March 23 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. PROFESSIONAL SERVICES AGREEMENT This Agreement is made on the 23rd day of March, 2015, between the CITY OF BROOKLYN CENTER, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 ("City") and STANTEC CONSULTING SERVICES INC., 2335 Highway 36 West, St. Paul, MN 55113-3819 ("Consultant"). Preliminary Statement The purpose of this Agreement is to set forth terms and conditions for the provision of professional engineering services by the Consultant for the City. The City and Consultant agree as follows: 1. Consultant's Services. The Consultant agrees to provide professional services as described in Exhibit A, Scope of Work. Consultant agrees to use the City's standard specifications in any bidding documents prepared under this · Agreement. The requirements of this section may be waived by the City if the City Engineer determines that they are not necessary for the successful completion of the project. Consultants requesting a requirement to be waived must have written authorization from the City Engineer. 2. Time for Performance of Services. The Consultant will endeavor to perform the services outlined in the work program within the mutually agreed upon schedule from the date of the contract award. Any changes in this schedule must be approved in writing by the City. 3. Compensation for Services. City agrees to pay the Consultant for services as described in Exhibit A, attached and made a part of this Agreement and may be amended from time to time by mutual agreement by City and Consultant. 4. Method of Payment. The Consultant must submit itemized bills for services provided to the City on a monthly basis. Bills submitted will be paid in the same manner as other claims made to the City. For work reimbursed on an hourly basis, the Consultant must indicate for each employee, his or her classification, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, the total amount due, the original contracted amount, the current requested amount, and the total amount. Consultant must verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, the Consultant must provide such documentation as reasonably required by the City. 5. Audit Disclosure. The Consultant must allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Professional Services Agreement Page2 Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential must not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant will become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided and may reuse standard portions of such documents in the normal course of its business. 6. Term. The term of this Agreement will be from March 23, 2015, through December 31, 2015, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 7. Termination. This Agreement may be terminated by City by seven day's written notice to Consultant delivered to the address written above. Upon termination under this provision, the Consultant will be paid for services rendered and reimbursable expenses until the effective date of termination. 8. Subcontractor. The Consultant must not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of the City. 9. Independent Contractor. At all times and for all purposes hereunder, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 10. Assignment. Neither party will assign this Agreement, nor any interest arising herein, without the written consent of the other party. · 11. Services not Provided for. No claim for services furnished by the Consultant not specifically provided for herein will be honored by the City. 12. Severability. The provisions of this Agreement are severable. If ahy portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision will not affect the remaining provisions of the Agreement. 13. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Professional Services Agreement Page 3 Agreement will be valid only when expressed in writing and duly signed by the parties unless otherwise provided herein. 14. Compliance with Laws and Regulations. In providing services hereunder, the Consultant must abide by all applicable statutes, ordinances, rules and regulations pertaining to the provision of services to be provided. Any violation will constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 15. Equal Opportunity. During the performance of this contract, the Consultant must not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Consultant must post in places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant must incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 16. Waiver. Any waiver by either party of a breach of any provisions of this Agreement will not affect, in any respect, the validity of the remainder of this Agreement. 17. Indemnification. The Consultant must indemnify and hold harmless the City and its employees, for all claims, damages, losses, and expenses, including, but not limited to, attorney's fees, which they may suffer or for which they may be held liable, as a result of, and to the extent of, the negligent or wrongful acts of the Consultant, his employees, or anyone else for whom he is legally responsible in the performance of this Agreement. 18. Insurance. During the term of this Agreement, Consultant must maintain a general liability insurance policy with limits of $1,500,000 for each occurrence and aggregate, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide, as between the City and the Consultant, that the Consultant's coverage shall be the primary coverage in the event of a loss. If the Consultant is providing either architectural or engineering services, the Consultant must also maintain during the term of this Agreement a professional liability insurance policy with the same limits as for general liability. A certificate of insurance on the City's approved form which verifies the existence of these insurance coverages must be provided to the City before work under this Agreement is begun. Page 4 'i 9. Governing Lavv. Th is /\g reement will be controlled by the laws of the State of Minnesota . 20. Whole Ag reement Th is A~Jreement embodies the e ntire agreement between the parties includ in g all prior und erstanding a nd ag reemen t s, and may not be modifi ed except in writi ng s ign ed by all pa rti es . Executed as of th e day and year fi rst written above. CITY OF BROOKL Yf\! CE f·JTER STANTEC CONSULTING SERVICES H\!C. By: ____________ _ Tim Wi ll son, Mayor Date: ____________ _ By: ____________ _ Cornelius Boga ney, C ity Manager Date: ------------------- Michael Rautmann, Prin cipal Its: --Goo t~acts -Off~cer -- Date: ?,/ll/t5 By: ----=..>..L..fbwvP~· . -'----+""~=u..=..-fy--_ Bruce P. Paulson, Associate Date: ____,__t\----lfVl'"-b-'4¥-=AJh---"'ljj]-=---1c...:::c._V __ I I I j Sion!ec Consulting Services Inc. 2335 Highway 36 West St. Paul Ml'~ 55 11 3-3819 February 26. 2015 Attention: fvlr . Joh n Harlow, Depu i y Director of Public Works City of Brooklyn Center 6844 Shingle Creek Parkway Bro o klyn Center, Ml\l 5531 1 Reference: Capital Bu ilding Maintenance Program -2014 Pro fessional Design and Construction Phase Services Proposal -Revised Dear John, Th a nk you for t he opportunity to subrnit this revised letter proposal. based on o u r telephone conversat ion of February 20, 2015 at 2:30 p.m., to p rovide p rofessional services for architectural. engineering, design. planning. implementation a nd const ruction administration of improvements to the Brooklyn Center Community Center and City Hall Build ings. In addition to the RFP. we acknowledge receipt of the following documents: " Larson Engineering, Inc. Structural Eva luations Report dated May 8. 2014 c Hor izon Commercial Poo! Supply proposal doted June 9. 2014 o Jo hn A Dalsin & Sons. Inc. Reroofing of Cily Cen ter Commun ity Center and Poo l Roof proposal dated June 18. 20 14 " Legend Technical Services. In c. Limi t ed Sco p e Asbestos Survey dated July 17. 2014 c Legend Technical Serv ices. Inc. Lead in Pa int Sample/ Analysis Report dated July 17.201.4 " Replace existing communit y cen ter air handling un its tagged AC-1 & 2 scope of work (Undated ) o Seresco Advanced Dehumidifiers 1\J P-050 cut sheet dated 7 /25/20 13 o West Elevation of Community Center sh owing EIFS with multiple colors-colored - undated " Xcel Energy Acceptance Notificat ion f or the Energy Efficient Building (EEB) program signed by l<r is Koh ls -undated Fe bruary 26,20 15 Mr. Joh n Harlow, Depu1y Director of Public Worl<s Page 2 of 6 Re fere nce: Capital Building Maintenance Program ·-201 4 Professio nal Des ign a nd Construciion Phase Serv ices Proposal • Revised Based on the RFP, we understand the Planned Fac ility Im provement Meosures include : Facil ity lmprov emenl· FIM Description Measur es (Flll/l ) Building Envelope Seal leakage occu rring on exterior walls to minimize heat loss in the w inter and heat gain in the su m mer Boi le r Upg rade Ins t all new condensing boilers for space and pool heating to increase effici ency and reduce nat ural gas usage Poo l HVAC Upgrade Insta ll a dedicated pool unit to p roperly condition t he pool space f·o moini"Oin adequate temperature and h umidity Ex t erio r Li ghting (LED) Retrofit ex t erior areas w ith LED li g hti ng Interior Ugi1t ing (Hyb rid) Util ize LED technology in hard-to-access a reas and fl uorescent in the rema ining areas Power Factor Correction Install capacitor bani< to correct power f actor issues and elimina t e p enalty charge s Replace exi st ing roof on Community Center with hew high- Roof Rep lacement efficient system w ith prop er moisture barriers . Repair City Hall and Comm un ity Center addition roofs where b listers and o t her issues have arose . Pool Wall Improvements Insta ll EIFS o ver brick face of west pool w all Cont ro ls Upgra de Upgrade existing p neumatic a nd digit al controls to new Direct Digital Controls system Insta ll new pool pump and fil t er assembly designed t o Pool Pump /Filter Upgrad e handle increased flow necess ar y to meet curr ent St ate of M innesota code requirements Roof Hat ch and Ships Locat e in corne r o f Fitness Roo m Ladder Rep lace Sto rm Drai ns I Re p lace failed /rust ed st orm drains $1 OOK Window /Door S l 00,000 maintenance allowance for w in dows and doors Al lowance AC -1 and AC-2 M ul tizo ne Rep lace AC-1 and AC-2 with mu lt izo ne unit on roof Rep lacement Per d isc ussio ns with staff during a walk-t hrough of t he Community Center on Janua ry 9t h. t here a re some ii·e m s t hat, depend ing upon how regula tory age ncies in t erpret, could have a n impact on potent ial construction costs an d in turn the level of professional serv ices work required. Fo llowing is a summary of ou r d iscussions a nd understa ndi ng in prepari ng our proposal of se rv ices: (_,} S"l:antec February 26, 2015 !Vir. Jolln Harlow, Depuiy Director of Public Works PCige 3 of 6 Reference: Capital Building Maintenance Program-2014 Professional Design and Construction Phase SeNices Proposal • Revised We understand tl1e City's inient is to use the existing DE tonk as a surge tonk with the design revisions that will be used i'o draw water from for the new 50iv1 pool recirculation pump. The tank appears that i1· would provide less than the required volume capacity tor surge per the current M innesota Department of Health pool code. The existing pool stain less steel gutter has a few (staff indicated 6) short openings in the gutter that were once port of in pool surge weir system. We ore making the assumption that the State will accept this as providing sufficient pool sys t em surge capacity. < We understand from tall<ing to staff that a dewatering pump located in the pool equipmenJ· room is used to pump water, spent Diatomaceous Earth (DE) and removed materials from the filtering process to a storm sewer pipe that extends into this room. The City's proposed fil t er replacement-would use a d ifferent type of fi lter (a regenerative media filte r -f'l!eptune Benson Defender or similar) that conceptually would be similar in that spent water, filter media and removed materials from the pool water is directed to sewer. Generally t he usua l media of c hoice for this type of filter is Perlite w hich is considered more environmentally frie ndly than the currently used DE but like DE is usually directed to sanitary sewer rather than storm sewer. To do so for this project appears that it would be botil more difficult and more expensive to do because of the lack of large sanitary sewer near t he filter. We ore making the assumption that reg ulatory officials will allow discharge to storm sewer similar to as it is now. We are also assum ing that the existing dewatering pump can be reused for draining of the su rge tank (former DE tank) and a newly constructed fi lter media p it to be constructed for the new filter . If during the design process regulatory agencies take a different interpretation and requi re changes and/or a different approach is se lected by the City, we will review wi t f1 City and propose a modified scope of serv ices and fee that is appropriate. Based on the RFP and the items noted above, we are proposing the following scope of services for this project: Taste 1: Pre l imin ary Desi g n Ph ase l . Evaluate current equipment and operation 2. Prepare preliminary set of d rawings for all engineering d isciplines 3. Prepare prelim inary list of specifications 4. Prepare preliminary estimate of probable construction cost 5. Prepare preliminary schedule of construction and facility shut down 6. Review p reliminary d rawings, specifications, and probable cost v.;it h city staff Items 1 th rough 6 above will requi re approximalely 217 hours a nd will be performed for an hour lv not-to-exceed fee of $28,185.00. Reimbursable expenses will include mileage a nd printing/reproduction costs and ore estima t ed to be no more than $600.00. Note that the Larson Engineering report ind icated t hat the existing building str ucture does n ot have adequat e capacity, as-is, to accommodate new mechanical equipment, visual screening and/or the associated snow drift loads. The fee shown above for Prelim inary Desig n includes structural engineering services necessary to eval uate the existing building load capacit y and the feasibi li ty of placing new mechanical equipment in viable locations. We have included time for confirming that AHU -1 and AH U-2 will be replaced with corresponding Q S.i:antec February 26, 20 15 Mr . John Harlow, Deputy Director of Public Works Page L1 ot6 Ref"e rence: Cc..1pii'c1l Building Maintena nce Prog ra m-2014 Professional Design and Cons!ruclion Ph ase Services Pro p osal -Revised RTU's w ith zoning to rnotcl1 t he existihg des ig n a nd reus ing the e)(istin g distribution ductwork. Decisio ns mode duri ng th is p hose vvill affect the scope o f work necessary in the Final Design Phose. Depending on the outcome of the structural investigations for t he roof framing systems, we reserve the opportunity to review ou r work scope and fees for the final design phase t o ens ure we are providing t hose services appropriate to the approved p relim inary design. Per the email doted February 26, 20 15, we are to include o n allowance f or t he pool disc harge desig n modifications in the event the IV1DH d eterm in es the curre ni· d ra in age system is u naccep table. \A/e expect this work effort may requir e up to 40 hours and \Nil! be performed for an hourly not-to-exceed fee of $5 ,800.00 . Reimbursab le ex p E;mses w ill include mil eage and p rint ing /rep roduction costs and are est imated to be no more t han $250.00. Task 2: Find! Design Phase l. Prepare fin al set of const ruction drawings for all engineering d iscipli n es 2. Prepare fin al construction specifications 3. Review f inal construction d ra w ings and specifica ti ons with city staff 4. Upda te prelimi na ry estima te of cost i'o refl ect specified equipme nt, struc tura l com ponents, and any modifications mode during fin a l design 5. Review final opinion of p robable cost w ith city staff Items i through 5 above will req uire approximately 505 hours and w ill be performed for on hourly not-to-exceed fee of $6 1,044 .00. Reimbursable expenses will inclu de mileage a nd pri nti ng /reprod uction costs and are estimated to be no m ore t han $800.00. The fee shown above f or Final Des ign includes structura l e ngineer ing services necessary to desig n minor /sec ondary structu ral m ember (roof beams /joists) framing modifications, but excludes design of m ajor/primary strudural member (g irders/columns /foun datio ns) m odifications or re info rcem ents. The actual sco p e of work required cannot be known unti l the Pre liminary Design Phas e has been complet ed, but we expect this work effort may require approxi mate ly 40 hours of t ime t o p e rf orm onsite fi e ld verification of the primary structural members a nd then prepare design calculations to d ete rmine m axirnum d es ign capacities. Th is w ill b e p erformed for an hour ly not-to-exceed fee of $5,8 00.00. Rei m bursabl e expens es will in clude mileage a nd printing /reproductio n costs and ore es timated to be no more t han $200 .0 0. Task 3: Bidding Phase 1. Print drawings and specifications (bidding docum ents) -provi de PDF copy of each 2. Advertise p ro ject per bidding requ irements 3. Dist ribute bidding documents to pot entia l bidd ers 4 . Maintain b idders list 5. Respo nd to b idders questions February 26, 2015 M r. Jolln Ha rlow, Deputy Director of Public Works Page5 of 6 Re fe rence: Ca pilal Build ing Maintenctnce Pro gram-2014 Professiona l Design and Constructi on Phase Services Proposal -l<ev ised 6. Issu e addenda to bidd ing documents. if required 7. Organize, coordinate. and lead p re-bi d conference 8. Attend bid opening and prepare b id t abulation 9. Evaluate bids ancl recommend award i 0. Assist in M innesotc1 Department of Health pool submittals and review process Items 1 t hrough 10 above will require approximately 73 hours and will be performed for on hourly not-to-exceed f ee of $9.689 .00 . Reimbursable expenses wi ll include mileage ond printing/reproduction costs and o re estimated to be no more than $1.500.00. Tas k 4: Construction Pha se 1. Prov ide doily construction cont ract admin istration and correspondence \vith C ity 2. Organize. coordinate. and leocl p re-construction conference 3. Review contractor submittals and shop drawings for compliance with construction documents Ll. Coordinate and administer subconsultonts. subcontroctors o nd site visits 5. Conduct project meetings 6. Process requests for informotion. issue contract clarifications, p rocess change orders 7. Review and provide status of contractor submitted progress schedules 8. Process contractor pay requests 9, Pr ovide periodic const ruction observation during construction 10. Provide review of start-up reports, be on site ot start-ups during construction 11 . Provide subs tantial completion inspection ond punch list fo r contractor and issue certificate of substantia l completion 12 . Prov ide f inal inspection and p unch li st for contractor 13 . Review f inal submittal from contrac'tor with respect to conformance with contract documents 14, Provide and verify record drawings (os -builts) based upon cont ractor's mork-up and field observation ; verify receipt of all owner's manuals/documentation 15. Process final pay requests a nd project closeout We hove include d t ime associated vvith interaction w ith the Commissioning Au thority and HVAC start-up work indicated in it em 10 obove. We have not included t ime performi ng other work t hor is customari ly included in t he HV AC Commissio ning scope of work. It e m s 1 through 15 above wil l require approximate ly 770 hours and will be performed f or an hourly not-to-exceed fee of $108,086 .00. Reimb ursable expenses wi ll include m ileage a n d pr int ing/reproduction costs and are est imated t o be no more than $2,000.00 . The Constructio n Phase fee shown above d oes not include th e following: 1. Performing Special Inspections of t he structura l construction. We expect tl1is work effort may require up to 24 hours and will be performed for an hourly n ot-to -e xceed f ee of Februory 26, 2015 iV!r. John Harlow. Deputy Director of Pub lic Works Page 6 of 6 Refere n ce: Capital Build ing Maintenance Program-201 4 Professional Desi g n and Construction Phase Services Proposal -Revi sed $3 .500.00. Reimbursable expenses will in clude mi leage and prin ting/reproduct ion costs and ore estimated to be no more than $350.0 0. Task 5: Posr-Con shudion Phase 1. Re search, organize a nd app ly fo r any rebotes or g ro nts applicable to project 2. Coordinate warranty start dates and turn over 3. Supervise commissioning of equipment Ll . Coordinate staff t raini ng on systems 5. Conduct final project walk through 6 . Conduct in specl'io n prior to end of project warranty. Items i t hr o ugh 15 above wil! requi re approxim a i"el y 52 hours and w ill be performed for on hourly not-to-exceed fee of $7.2Ll 0 .00. Reimbursable expenses will include mileage and printing/reproduction costs and a re es t imated to be no more than $500.00. Compensal'ion Summary Task 1: Preliminary Des ig n Phase Pool discharge desig n Task 2: Fin a l Design Ph ose Pr imary st ru ctural members design coles Ta sk 3: Bi ddin g Phose Task 4: Const ru c t ion Phose Special Structural Insp ection s Task 5: Post-Con st ru ction Ph ase Totals Hourl y Not-to-Exceed Fee $28,185 .08 $5.800.0J $61 ,04L1.0J $5.800.00 $9,689 .00 s l 08.086.00 $3.500 .00 $7.240.00 $229.344.00 Reimbursabl es $600.00 $250.00 $800.00 $200.00 $1.500.00 $2,000.00 $350.00 $500 .0 0 $6,200.00 Sh o uld you w ish to d isc uss a ny of the information above in furth er d etaiL please do not hesit ate to call m e at 651-604-4849. Respectfully yours, STAf,JTEC CONSULTING SERVICES I NC. Bru ce P. Pa ulso n, AlA Senior Project M anager Ph o n e : (651) 604-48~9 Cell : (6 51) 492-9089 Bru ce.paulson@stantec .com Michael T. Routmon n, PE Pri ncipal Ph one: (65 1) 604 -4764 Fox: (651) 636-1311 Michael.rautmann@stantec .com c. Phil Caswe ll. Dove Lindahl. Chuck Oehrlein. Jeff Eh leringer, Mike Rautmon n Classification Senior Principal Principal Specialist* Project Manager 2015 RATE SCHEDUlE Senior Engineer I Scientist I Architect I Landscape Architect I Planner Architect I Landscape Architect Land Surveyor Engineer I Planner I Scientist I Geologist I Hygienist Designer 1 GIS I Landscape Designer I Graphics I Senior Technician Engineering Technician Project Technician Field Supervisor Crew Chief Inspector Survey Technician GPS Survey Equipment Total Station Equipment GIS Workstation Equipment GPS Sub meter Unit (per use) Flow Meter (per week) Air Detection Equipment (per half day) 2015 $ 169.00 -$ $ 145.00 -$ $ 145.00 -$ $ 118.00 -$ $ 125.00 -$ $ 103.00 -$ $ 96.00 -$ $ 83.00 -$ $ 90.00 -$ $ 90.00 -$ $ 83.00 -$ $ 103.00 -$ $ 96.00 -$ $ 69.00 -$ $ 55.00 -$ $ $ $ $ $ $ * Specialist: Experts in highly technical disciplines including Principal Planners, Market Analyst and Certified Industrial Hygienist . These rates are adjusted annually in accordance with the normal review procedures of Stantec. 241.00 198.00 241.00 169.00 145.00 145.00 125.00 139.00 132.00 132.00 96.00 169.00 139.00 125.00 83.00 38.00 28.00 22.00 80.00 200.00 25.00 City Council Agenda Item No. 6h COUNCKL K'fEM MEM«JRANDUM DATE: Marc h 17,2015 TO: Curt Boganey, City Manage r FROM: And rew Hogg, Assistan t City Enginee r THROUGH: Steve Lillehaug, Director of Publ ic Wor ks /C ity Eng in eer )'// SUBJECT : An Ordin ance Re lati ng to a P erm it for L and Disturb ing Activities; Amending City Code Sectio n 35-235 and Remov in g Cit y Code Sec ti on 35-2 23 0 R ec ommendation: It is recommende d that the City Co uncil conside r approval of an ord ina nce re la t in g to a Permi t for Lan d Di sturb ing Ac tiviti es; amendi ng City Code Section 35-235 and removing C ity Code Sectio n 35-2230 . Backgr ound: At th e February 23,2015, City Counc il Work Sess ion, an overview ofthe City's Sur face Wate r Ma na ge me nt P lan upda te was provided. As part of t his pl an update, it wa s discussed tha t the Cit y mus t update certa in rul es, guidelin es and ordi nances per taining to storm water control and desig n as part of Shingle Creek and We st Mississ ipp i Watershed Man agemen t Comm issio n and Mi nnesota Pollut io n con tr ol Agency (MPCA) com p liancy requi reme nt s. The at tac hed or dina nce amend in g Secti on 35-2 35 of the Cit y Ordina nces reg ardin g a P erm it for La nd Distur bing Activities has been updated and pre pared to mee t all re gulatory requir emen ts and guide lines. Some of these proposed changes are req uir ed hol isticall y by the MPCA for a ll com mu nit ies across the sta te and so me are changes required by th e Wa te rshed, ma inta ining co nsis tency across th e wate rshed . It sho ul d be not ed that many of the changes re q uired by the Watershed are reflective of new standard s req uired by the MPCA th at have bee n impleme nt ed by mos t wate rshe ds ac ross the metro area in one form or another, maint aining genera l consistency across th e reg ion to ensure compet it ive ne ss while not imposing an un fa ir dis adva ntage relat ive to redeve lopme nt from one community to t he next. Addit iona ll y, durin g the re-au thor izat ion of the City 's Muni cip al Separate Sto rm Sewe r System (MS4) permit, the l\1PCA provided guidanc e to the C ity rega rding it ems nee din g clarificat io n. These ordina nc e rev isi ons are requi red by the MPCA for MS4 perm it comp lia nce. The propose d ame ndment adds refe rences to both the Shingle Cree k and West M ississ ippi Wate rshed Mana gement Com m issio ns' Ru les and the MPCA 's Cons tructi on Stormwate r Permit req uir in g pla ns to co mpl y w ith those references . Th e ame nd ment clar ifi es agreeme nts required of owne rs for th e ma in te na nce of pr iva te stor mwa ter manageme nt faculties and es ta blishe s enforce ment act ions to ensure compliance. T o elimina te redund ant code, Section 35 -223 0 wi ll be removed from the City's ordinance. The Plan nin g Co mm ission will review the ordina nce cha nges and pr ov ide a reco mm endation pri o r to the Ap ril 13, 2015, Co un ci l meet in g. Cons iste nt with the City Cha rter, a fir st rea din g t o Missio n : h'n.suring 1111 atlmctive. dean . safe, inc!11 sit·e cmmmm ity thai mfumces the quality ofliji~ for a/f people and preYerves the public tmst COUNCIL ITEM MEMORANDUM establish a date for a second reading and public hearing to consider the proposed ordinance is requested for Aprill3, 2015. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Focused Redevelopment Mission: Ensuring an attractil'e, clean, safe, inclusive community thai enhances the quali~F l!t/i.fe ji1r all people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 13 1h day of April, 2015, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to a permit for land disturbing activities; amending City Code Section 35-235 and Removing City Code Section 35-2230. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. ------------------ AN ORDINANCE RELATING TO A PERMIT FOR LAND DISTURBING ACTIVITIES; AMENDING CITY CODE SECTION 35-235 AND REMOVING CITY CODE SECTION 35-2230 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 35-235 PERMIT FOR LAND DISTURBING ACTIVITES of the City Code of Ordinances of the City of Brooklyn Center is hereby amended to read: 1. No construction, reconstruction, development, redevelopment, grading, excavation, or other activity shall occur without first securing a permit from the City Engineer if such activity causes a land disturbance of one-h a I f ( 1 I 2 ) a c r e one acre or more of land~ or a land disturbance of less than one acre if it is a part of a common plan of development of one acre or more. 2 The applicant shall submit construction plans and supporting calculations. The submittals shall comply with the following requirements. g, The plans shall meet the requirements of the Shingle Creek and West Mississippi Watershed Management Commission;s Rules and Standards. and the Minnesota Pollution Control Agency Construction Permit. Alternative treatment best management practices must be considered where any ofthe following apply: 1 Where industrial facilities are not authorized to infiltrate industrial stormwater under a National Pollutant Discharge Elimination System/State Disposal System Permit: ii. When receiving runoff from fueling and vehicle maintenance areas. unless the infiltration practices is designed to allow for spill control;· iii. The infiltration practice shall be 10 feet away from all buildings, or: iv. The infiltration practice shall not be used within fifty-feet (50') of a municipal or private well. unless specifically allowed by an aporoved wellhead protection plan. 3. The applicant shall submit an erosion and sediment control plan. The plan shall meet the follov,ring requirements: &.-The plan shall be consistent with the Minnesota Pollution Control Agency's Best Management Practices Handbook. &.. The plan shall describe steps to be taken to control construction impacts on water quality such as discarded building materials, concrete truck vmshout, chemicals, litter and sanitary \Vaste. b. The plan shall provide 2-foot contour lines with spot elevations of proposed grades in relation to existing grades on the subject prope1iy and adjacent land. The location and type of erosion contra I devices shall be clearly labeled. &.-The plan shall include every eff01i to mm1m1ze disturbances of existing . ground cover and shall provide that ground cover shall be provided within five (5) days after completion of the grading operation. Erosion control devices shall not be removed until ground cover is established. g. The plan shall address the management of post development runoff and means of assuring the long-term maintenance and operation of best management practices and storm water management structures, devices and methods. e. If the land disturbing activity involves construction, the plan shall include procedures to be follov,red to control waste, such as discarded building materials, concrete truck •.vashout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality, all in accordance '>Vith applicable la';s,rs, ordinances, regulations and City policies for such activities. 3. The City Engineer may require such additions or modifications to the plan and may impose such conditions and restrictions on the permit as the Engineer deems necessmy to provide water quality protection. Such conqitions may include, but are not limited to: limiting the size, kind or character of the proposed development; requiring the construction of structures, drainage facilities, storage basins and other facilities; requiring the replacement of vegetation; establishing required monitoring procedures; requiring that the work be staged over time; requiring the execution and filing of such declarations or agreements as the Engineer deems necessa1y to assure the continuing monitoring and maintenance of all facilities and systems; and requiring a performance bond, or other acceptable security, to assure that all facilities and systems are constructed as required. 4. Every effmt shall be made during the permit application process to determine the full extent of erosion control required. However, the City Engineer may require additional controls to correct specific site related problems as inspections are performed during construction. 5. All erosion control noted on the approved plan shall be installed prior to the initiation of any site grading or construction. 6. All activities requiring g a permit under this section shall confmm to all requirements of federal, state and local laws, rules and regulations. 7. The City Engineer shall inspect and enforce all control measures and shall receive and consider repmts of non-compliance or other information on construction issues related to water quality submitted by members of the public. Non-compliance with the requirements of this section, the approved plan, any conditions or restrictions imposed by the City Engineer, or any orders issued by the City Engineer under paragraph 4 of this Section is a violation of this Section. 8. Maintenance of Private Stormwater Management Facilities. & No private Stormwater Management Facilities may be approved unless a maintenance plan is provided and is consistent with City Code. and the Shingle Creek and West Mississippi Watershed Management Commissions' Rules & Standards. All such facilities shall be inspected annually. with repmts submitted to the City. and maintained in proper condition consistent with the performance standards for which they were originally designed. b. Owners of private Stormwater Management Facilities shall enter into an agreement with the City setting out how the owners shall provide for the long-term operations and maintenance of the facilities. 9. Easements. The applicant shall establish. in a form acceptable to the City. temporary and perpetual easements for ponding. flowage. and drainage purposes over hydrologic features such as water bodies and stormwater basins. The easements shall include the right of reasonable access for inspection. monitoring. maintenance. and enforcement purposes. 10. Enforcement Actions to Ensure Compliance. a. Orders. The City may issue an order to modify the approved plan and stipulate a time frame for compliance. The applicant must comply with said order. b. Permit Suspension. The City shall suspend the Permit and issue a stop work order if the City determines the applicant supplied incorrect information. or the applicant is in violation of any provtston of the approved plans. the Permit. or this Section. The City shall reinstate a suspended Permit upon the applicant's correction of the cause of the suspenston. c. Construction Stop Work Order. The City Building Official may issue a stop work order for a related building Permit if requested by the City. d. Permit Revocation. If the applicant fails or refuses to cease work as required. the City shall revoke the Permit and the applicant shall be subject to enforcement. penalties. and loss of its financial security. The City shall not reinstate a revoked Permit. but an owner may apply for a new permit. e. Remedial Corrective Action. The City or a private contractor. under contract with the City may conduct remedial or corrective action on the project Site or adjacent Sites affected by project failure or to implement actions specified in an order to modify plans. The City may charge applicant for all costs associated with correcting failures or remediating damage from the failures according to the order including but not limited to. materials. equipment. staff time and attorney's fees. If payment is not made within thirty (30) days. payment will be made from the applicant's financial security or. in the case where no Permit was issued. payment will be assessed against the property. i Action Against Financial Security. In any of the following circumstances. the City shall use funds fi·om the financial security to finance remedial work undertaken later by the City or a private contractor under contract to the City. and to reimburse the City for all direct costs including. but not limited to. staff time and attorney's fees: k The Applicant ceases Land-Disturbing Activities and/or filling activities prior to completion of the Stormw::~ter Management Plan: ii. The Applicant fails to conform to the Stormwater Management Plan as approved or as modified under this Code. and has had his/her Permit revoked under this Code: iii. The techniques utilized under the Stormwater Management Plan fail within one (1) year of installation. or before Final Stabilization is implemented for the Site or pmiions of the Site. whichever is later. or; tv. The City determines that action by the City is necessary to prevent excessive erosion from occurring on the Site. g. Misdemeanor Violation. Any violation of the provisions of this Section or failure to comply with any of its requirements shall constitute a misdemeanor. h. Cumulative Enforcement. The procedures for enforcement of a Permit, as set fmth in this Section. are cumulative and not exclusive. 11. Financial Security. The City shall collect a surety for erosion and sediment control before any building permit is issued. The surety is returned to the person who posted the security when the permanent erosion and sediment control has been established and has been approved by the City. The surety will be used to either remedy erosion or sediment control violations or to complete the establishment of permanent erosion and sediment control. as necessary. &ffion 35 2230. GRt\f+l-NG AND EROSION GCMI'ROL PLAN. 1. A satisfactory erosion control and grading plan consistent •v,rith the Minnesota Pollution Control Agency's Best Management Practices Handbook must be approved by the City Engineer before a grading or building permit is issued for construction, if the construction '.vill result in disturbing the soil. :&.-The grading and erosion control plan must provide 2 foot contour lines v>ith spot elevationG of proposed grades in relation to existing grades on the subject property and adjacent land. Also, location and type of erosion control devices shall be clearly labe-1-e&.- ~ Every effoti shall be made to minimize disturbance of existing ground cover. To minimize the erosion potential of eiposed areas, restoration of ground cover shall be provided within five (5) days after completion of the grading operation; in no e'.'ent shall erosion control devices be removed until ground cover is established. 4:-Every effort shall be made during the building permit application process to determine the full extent of erosion control required. Hmvever. the Citv . ' " Engineer may require additional controls to correct specific site related problems afj normal inspections are performed. 3.,. All erosion control noted on the approved plan shall be installed prior to the initiation of any site grading or construction. Noncompliance •.vith the grading and erosion control plan shall constitute grounds for an order from the City to halt all construction. 6-: i\ll grading and comtmction activity that results in disturbance of the ground publication. shall comply 'Nith Minnesota Pollution Control Agency's Best Management Pfaetiw&.- This ordinance shall, be effective after adoption and thirty days following its legal Adopted this ___ day of _____ , 2015. Mayor ATTEST: City Clerk Date ofPublication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) City Council Agenda Item No. 6i Member moved its adoption: RESOLUTION NO. introduced the following resolution and ------- RESOLUTION IN SUPPORT OF LEGISLATION ESTABLISHING AN EARLY VOTING PROCESS FOR VOTERS IN MINNESOTA WHEREAS, Minnesota law currently provides for no-excuse absentee voting by mail and in-person; and WHEREAS, with in-person absentee voting, the voter must place his or her voted ballot in a series of envelopes that is processed at a later date by election officials; and WHEREAS, early voting would allow a voter to place his or her voted ballot directly into the ballot tabulator, thereby reducing the risk of voter errors and reducing the administrative costs involved with in-person absentee voting; and WHEREAS, a process will still be provided for voters to request and submit an absentee ballot by mail. . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center, Minnesota, hereby supports legislation establishing an early voting process for voters in the State of Minnesota. BE IT FURTHER RESOLVED that by establishing an early voting process, taxpayer dollars will be saved and a better service will be provided to Minnesota voters. March 23 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. 6j Member moved its adoption: introduced the following resolution and RESOLUTION NO. _____ _ RESOLUTION SUPPORTING DEDICATED STATE FUNDING FOR CITY STREETS WHEREAS, Minnesota contains over 141,000 miles of roadway, and over 22,500 miles-or 16 percent-are owned and maintained by Minnesota's 852 cities; and WHEREAS, almost 85 percent of municipal streets are ineligible for dedicated Highway User Tax Distribution Fund dollars; and WHEREAS, the more than 700 Minnesota cities with populations below 5,000 are ineligible for dedicated Highway User Tax Distribution Fund dollars; and WHEREAS, city streets are a separate but integral piece ofthe network of roads suppmiing movement of people and goods; and WHEREAS, existing funding mechanisms, such as Municipal State Aid (MSA), property taxes and special assessments, have limited applications, leaving cities under-equipped to address growing needs; and WHEREAS, city cost participation in state and county highway projects diverts resources from city-owned streets; and · WHEREAS, maintenance costs increase as road systems age, and no city-large or small-is spending enough on roadway capital improvements to maintain a 50-year lifecycle; and WHEREAS, for every one dollar spent on maintenance, a road authority-and therefore taxpayers-save seven dollars in repairs; and WHEREAS, cities need greater resources,. including an additional dedicated state funding source for transportation, and flexible policies in order to meet growing demands for street improvements and maintenance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center, Minnesota, supports an omnibus transportation funding bill that provides additional dedicated state funding for city streets including funding that can be used for non- MSA city street maintenance, construction and reconstruction. RESOLUTION NO. _____ _ March 23 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. 6k Member moved its adoption: introduced the following resolution and RESOLUTION NO. ____ _ RESOLUTION IN SUPPORT· OF LEGISLATION INCREASINIG THE APPROPRIATION OF LGA TO THE 2002 FUNDING LEVEL WHEREAS, Local Government Aid (LGA) is a revenue sharing program that provides significant assistance to more than 85% percent of the cities in Minnesota; and WHEREAS, LGA has helped cities to maintain basic services and make infrastructure investments with less burden on property taxpayers; and WHEREAS, the current LGA formula improves the distribution of LGA by recognizing the needs of aging communities with relatively low tax capacity; and WHEREAS, the current State appropriation for this critical revenue source provides $516.9 million; and WHEREAS $516.9 million is less the State appropriation of $565 million provided by the legislature in 2002. . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center, Minnesota, supports those legislative bills which maintain the cunent LGA formula and increases the appropriations to the 2002 funding level of $565 million. July 25, 2009 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. 61 COUNCIL ITEM MEMORANDUM DATE: March 4, 2015 TO: Curt Boganey, City Manager FROM: Lee Gatlin, Fire Chief# SUBJECT: Early Replacement of Fire Department Vehicle (Recuse 5) Recommendation: It is recommended that the City Council approve the early purchase of a fire truck to replace Rescue 5. Background: Rescue 5 is a medium duty 1997 Freightliner fire apparatus that has the full capability of a fire response vehicle. Rescue 5 is primarily used for responding to medicals, freeway and other responses. Eight-five percent of the fire department responses are medicals making Rescue 5 the most used vehicle in the fleet. On 7/13/2014 Rescue 5 responded to a vehicle on EB94 at 5ih where an 8 yr. old child was having trouble breathing. Rescue 5 was parked in a manner that provided protection to the public safety responders on scene. A vehicle plowed into rear passenger side of Rescue 5 causing considerable damage to the vehicle. Although no one was seriously hurt, the driver of the vehicle was transported to North Memorial for evaluation. Deputy Director John Harlow and I met to discuss options for Rescue 5 and we have determined that it would not be in the best interest to of the fire department and the central garage to make the repairs to Rescue 5. To make this determination we looked at the cost to repair Rescue 5, history of the maintenance cost, and the current/future funding in the replacement program for Rescue 5. As part of its rysearch to select a suitable vehicle, the fire department vehicle committee sought the service of the HGACBuy Cooperative Purchasing. This cooperative provided access to contracts they have with many manufactures of fire apparatus. The committee felt this was an effective way for the department to find a vehicle at a competitive price that could be ready for delivery in a short period of time. Also, 114 Minnesota cities have used the cooperative service ofHGACBuy. Using this process the committee selected a suitable vehicle to replace old Rescue 5, a 2014 Pierce Enforcer Pumper at a total estimated cost of $342,000.00. The first attached chart shows that Rescue 5 is due for replacement in 2017, with an estimated replacement cost of$303,379. Current funding in the program is about $244,970. The City received insurance proceeds from LMCIT for damages resulting from the accident in the net amount of$38,069.70 ($40,569.70 -$2,500 deductible= net payment of $38,069.70). This remaining $58,960.30 would be paid from existing fund balance from the Equipment Replacement Fund. The Equipment Replacement Fund at the end of2014 has an estimated fund balance of$4.7 million. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM BROOKLYN CENTER VEHICLE REPLACEMENT PLAN Year Replacement Replacement Vehicle Purchased Cost Current Year Fund Engine 2 2002 $478,949.00 $273,000.00 2022 Engine 3 1992 $553.273.00 $485,750.00 2017 Rescue 5 1997 $303,379.00 $244,970.00 2017 Engine 6 2007 $551,352.00 $184,400.00 2027 Ladder 4 2007 $975,952.00 $259,560.00 2032 Salvage 1 1999 $309,833.00 $220,725.00 2019 Utility 8 2002 $61,967.00 $28,272.00 2027 Montauk Boat/motor 1984 $54,220.00 $51,500.10 2014 Chevrolet Suburban 2000 $56,802.00 $50,400.00 2015 Zodiac Boat/motor 1995 $28,401.00 $25,650.00 2015 Chevrolet Blazer 2002 $24,319.00 $21,428.52 2016 Ford Escape 2009 $22,746.00 $25,000.00 2014 Mission: Ensuring an attractive, clean, safe conmzu11ity that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM The committee is also requesting City Council consideration of an additional $40,000 to cover the cost of replacing the 20 year old hydraulic extrication tools and air bags with improved, lighter and more efficient rescue tools. These tools were part of the equipment compliment on Rescue 5. The costs and funding for the new vehicle and equipment is illustrated below: Description Cost Replacement Cost: 2014 Pierce Saber Pumper $342,000 Replacement Hydraulic Extrication Tools 40,000 Total Replacement Cost $382,000 Funding Sources: Accumulated Replacement Funds $244,970 Insurance Proceeds (net of deductible) 38,070 Equipment Replacement Fund Balance 98,960 Total Funding $382,000 The Central Garage Equipment Funding Analysis has estimated a salvage value of $10,000 for Rescue 5; prior to the vehicle sustaining damage. Upon final determination on replacement of the vehicle, the damaged unit will be listed for auction on multiple e-auction sites with the capability to sell fire apparatus. Budget Issues: The replacement of Rescue 5 was scheduled for 2017, if approved the vehicle and hydraulic extrication equipment would be purchased in 2015. Total replacement cost would be $3 82,000 and would be funded from accumulated replacement funds, insurance proceeds and existing Equipment Replacement fund balance. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member moved its adoption: introduced the following resolution and RESOLUTION NO. _____ _ RESOLUTION AMENDING THE FIRE DEPARTMENT VEHICLE REPLACEMENT PROGRAM TO PROVIDE FOR THE EARLY PURCHASE OF A 2014 PIERCE SABER FIRE TRUCK AND THE REPLACEMENT OF EXTRICATION TOOLS WHEREAS, the Brooklyn Center Fire Department vehicle replacement schedule for 2017 included the replacement of a 1997 Freightliner flre truck (Rescue S);and WHEREAS, damages sustained from an accident as well as the history of costly maintenance makes the early purchase preferable to making repairs, and WHEREAS, it is possible for the City of Brooklyn Center to participate in the HGACBuy cooperative purchasing venture for the replacement of said vehicle, and WHEREAS, a 2014 Pierce Saber Pumper is available through the HGACBUY Purchasing Contract No.15-4418 at a total estimated cost of$342,000.00, and WHEREAS, the Fire Department also seeks to replace 20 year old hydraulic extrication tools and air bags at a total estimated cost of $40,000.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the early purchase of one fire truck under the HGACBuy Cooperative Purchasing Venture along with the purchase of extrication tools and airbags at a total . cost of $382,000.00 is hereby approved. Date Mayor ATTEST: ________ ~---- City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I t" i C w D. i r t� Le- _ 4. `'S3�VAtl35 BMW r Wow Sri i �y M l � I Y Vii► � _ -'�� i k- t f 0 FOIN meijer _THANK YOU sPONSaRS SEE YOU NEXT YEAR ., APRIL 20 -25, 2015 vq I �f, IN Fill, a It p 1j, tit i1•i••••k •• - y •) •• , r I r ll •. a �y Y+ i •• • •I • ; i 'yyy ,iy •••I•y •iyryr'•r Ir r • • • r. .. • • • • • • • • • • • _ . i ♦ • • _ —+ Il � � � ^'• � -4r t ` r ■. ca I. ti r, j" ., J i M I ■ r4579 L; � -.� 6A A 4 � IE All mN _ WIN. .. _ ti FIN RY y � J INFIN.. III ..III . �. 1 L; � -.� 6A A 4 � IE All mN PROPOSAL FOR FURNISIDNG FIRE APPARATUS City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 March 23, 2015 The undersigned is prepared to manufacture for you, upon an order being placed by you, for fmal acceptance by Pierce Manufacturing, Inc., at its home office in Appleton, Wisconsin, the apparatus and equipment herein named and for the following prices: ( 1) Pierce Enforcer cab pumper demonstrator with modifications_i $ 342,000.00 Total $ 342,000.00 Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached, delays due to strikes, war, or intentional conflict, failuresto obtain chassis, materials, or other causes beyond our control not preventing, within about 90 calendar days after receipt of this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at West Fire Station. The specifications herein contained shall form a part of the fmal contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer specifications. Any increased costs incurred by first party because of future changes in or additions to said DOT or NFP A standards will be passed along to the customers as an addition to the price set forth above. Unless accepted within 30 days from date, the right is reserved to withdraw this proposition. SD1397 PERFORM, LIKE No OTHER:' Revised: 09/28/2011 · Alex Air Apparatus, Inc. 11897 Co. Rd. 87 SE Alexandria, MN 56308 Phone: 320~763-7803; 800-264~2320 Fax: 320-763~9077; 800-204~8682 _P_I'{IGE QUOTATION Lid~£::: c.Y . .f.. t C- DATE SALES REP. . ·;. , .. '! .· . • •• : ·'. .. ' 'QU01'ENO. PAGE 26-Jan-15 MARK SKINDELIEN (_320) 905-0208 1 1 Customer Narrie . : · .... , .. -· .. .• ATTENTION: ' .. Brooklyn Center Fire Department G1·egJones ADDRESS ·: .. : .. .. · !?!:lONE 6645 Humboldt Ave N. ClTY;STATJ<;,ZIPCODE · . · ..... Ji'AX -- Brooklyn Center, MN 55430 EXTENDED I'fEM QTY DESCRIPTION UNIT PRICE PRICE 1 1 Hurst 2.0 eDraulic S700E2 Boron Cutter & 2 Batteries $10,800.00 2 1 Hurst 2.0 eDraulic SP310E2 28" Spreader & 2 Batteries $11,900.00 3 1 Hurst 2.0 eDraulic R411E Ram & 2 Batteries $8,000.00 4 1 Hurst R411E Ram Extension $320.00 5 1 Hurst eDraulic DC Bank Charger. $1,750.00 6 1 Hm·st 110 Volt Adpter Power Supply $695.00 PLUS SHIPPING TAX: PLUS SHIPPING TOTAL: ~33,465.00 Shipping: P1·e-paid and Charged Back Signed: TERMS: NET 30 Days Upon Credit App1·oval OFFER VALID FOR 30 DAYS FROM DATE OF QUOTE Mark Skindeiien Alex. Air Apparatus, Inc. 11897 Co. Rd. 87 SE Alexandria, MN 56308 Phone: 320-763-7803; 800-264-2320 Fax: 320-763-9077; 800-204-8682 Pf-{Jt;E _QUOTATION ff \1 f\ ~~ ,Jj v L I (;.. DATE SALES REP. ,, ' '', ....... 1. ' Ql)OTENO. PAGE 26-Jan-15 MARK SKINDELIEN (320). 905-0208 1 1 Customer Name -: ' A,'lul'ENTION: Bt·ooklyn Center' Fire Department Greg Jones ADDRESS ::·. '·, .. . .. ·.PHONE 6645 Humboldt Ave N. CITY, STA'J'E, ZIP CODE .. FAX Brooklyn Center, MN 55430 EX'l'ENDED ITEM QTY DESCRIPTION UNIT PRICE PRICE 1 1 Hurst High Pressure S700 Boron Cuttet· 1~6,350.00 2 1 Hurst High Pressure SP310 Spreader 28" .~7,995.00 3 1 Hmst High Pressure R430 Three Stage Ram ·~5,495.00 4 1 Hurst High Pressm·e P650 SG Simo Pump $8,195.00 5 2 Hurst High Pressure 98ft Streamline Hose $1,800.00 $3,600.00 6 2 Adapters to switch from low pressure to high pressure $20.00 $40.00 7 2 5' HP Pigtails from pum() to reels $135.00 $270.00 8 2 Swivels to reels $75.00 $150.00 Installation $200.00 PLUS SHIPPING TAX.: PLUS SHIPPING TOTAL: $32,295.00 Shipping: Pre-paid and Charged Back Signed: TERMS: NET 30 Days Upon Credit Approval OFFER VALID FOR 30 DAYS FROM DATE OF QUOTE Mark Sldndelien City Council Agenda Item No. 7a There are no materials for this item. ' City Council Agenda Item No. 7b DATE: TO: FROM: SUBJECT: COUNCIL ITEM MEMORANDUM March 17, 2015 Cmi Boganey, City Manager Kevin Benner, Chief of Police\{) 2014 Annual Crime Data Repmi Recommendation: This is an informational item. Background: The Chief of Police will provide an overview of the attached 2014 crime data report. Budget Issues: There are no budget issues to consider. Strategic Priorities: u Community Image Mission: Ensuring au nttmctive, clean, safe, inclusive COI/IIIIlllllty tfwt enfu111ces t!te quality of life for a!/ people and presen•es the public trust CITY OF BROOIILYN ,. •• i)>' •. r~···· "'. A ... ::E· : .•.. · . ..,•.·· .. ···',:'·,":.:.,a·., ... ··":· .. : ·,· ·'.· ,.,,1.,:·,.,,: ' ,' ·' A GREAT PLACE TO START, A GREAT PLACE TO STAY 2014 ANNUAL REPORT POLICE DEPARTMENT ~-·'-------- PART 1 CRIME STATISTICS VIOLENT CRIMES 2010 2014 %CHANGE 2011 2014 Homicide 1 0 -100% 1 0 Forcible Rape 27 9 -67% 21 9 Robbery 57 45 -21% 64 45 Aggravated. Ass au It 56 -43 -23% 49 43 TOTAL VIOLENT CRIME 141 97 -31% 135 97 PROPERTY CRIMES 2010 2014 %CHANGE 2011 2014 Burglary 184 154 -16% 255 154 Theft 1,051 972 -8% 1,180 972 Auto Theft 120 68 -43% 87 68 Arson 4 '1 -75% 7 1 TOTAL PROPERTY CRIME 1,359 1,195 -12% 1,529 1195 TOTAL PART 1 CRIME 1,500 1,292 -14% 1,664 1,292 CITY. OF BROOI,LYN CEN.TER,~·,~:":r· , ........ ,;·:··· A GREAT PLACE 1'o STARi. ,l ciR£Ar'nAC£J0 if._y, ' ·%CHANGE 2012 2014 %CHANGE -100% 1 0 -100% -57% 13 9 -31% -30%' 52 45 -13% -12% 47 43 -9% -28% 113 97 -14% %CHANGE 2012 2014 %CHANGE -40% 248 154 -38% -18% 1,187 972 -18% -22% 121 68 -44% -86% 5 1 -80% -22% 1,561 1,195 -23% -22% 1,674 1,292 -23% 2013 2014 %CHANGE ·2 0 -100% 14 9 -36% 66 45 -32% 46 43 -7% 128 97 -24% 2013 '2014 %CHANGE 206 154 -25% 1A37 972 -32% 72 68 -6% 8 1 -88% 1,723 1,195 -31% 1,851 1,292 -30% 2014 ANNUAL REPORT POLICE DEPARTMENT PART 1 CRIME STATISTICS • Lowest violent crime total since 1999 {90). • Violent crime rate for 2014 is 322 crimes per 100,000 people, the lowest since 1999 {319). • Lowest number of robberies since 1992 {41). • Lowest property crime total since at least 1985 (year data is/becomes available to us for comparisons). • Property crime rate for 2014 is 3970 crimes per 100,000 the lowest since at least 1985. • Lowest number of burglaries since at least 1985. CITY OF BROOII:LYN .CEN.TER·~~':":';'"; AOREATPU.CETOST.lRT,AaREATPU.CETO~AY 2014 ANNUAL REPORT POLICE DEPARTMENT PART 2 CRIME STATISTICS 2010 Other Assault 361 Forgery 93 Fraud 132 Embezzlement 0 Stolen PropE;!rty 23 Criminal Damage 303 to Property Weapon 28 Prostitution 3 Sex Offenses 49 Controlled 199 Substance Gambling 1 Family Offense 153 Crime Vehicular 170 Liquor 46 Disturbance 92 All Other Offenses 1~099 TOTALPART2 2,752 TOTAL PART 1 & 2 4,252 CITY OF BROOICLYN CENTER:·.~······· ····• ·uuiEATPI.ACETOST.urr,l.aRE.\r~UcE~DSTAY 2014 166 53 144 1 11 212 29 10 32 151 0 15 83 12 41 781 1,741 3,033 %CHANGE 2011 2014 -54% 338 166 -43%. 77 53 9% 107 144 n/a 0 1 -52% 15 11 -30% 279 212 4% 24 29 233% 27 10 -35% so 32 -24% 224 151 -100% 0 0 -90% 49 15 -51% 177 83 -74% 73 12 -55% 52 41 -29% . 1,257 781 -37% 2,749 1,741 -29% 4,413 3,033 %CHANGE 2012 2014 -51% 238 166 -31% 86 53 35% 122 144 n/a 0 1 -27% 26 11 -24% 300 212 21% 48 29 -63% 43 10 -36% 62 32 -33% 194 151 n/a 0 0 -69% 30 15 -53% 152 83 -84% 35 12 ·-21% 66 41 -38% 962 781 -37% 2,364 1,741 -31% 4,038 3,033 %CHANGE -30% -38% . 18% n/a -58% -29% -40% -77% -48% -22% n/a -50% -45% -66% -38% -19% -26% -25% 2013 2014 %CHANGE 181 166 -8% 66 53 -20% 139 144 4% 0 1 n/a 29 11 -62% 281 212 -25% 29 29 0% 16 10 -38% 53 32 -40% 168 151 -10% 0 0 n/a 20 15 -25% 172 83 -52% 14 12 -14% 52 41 -21% 930 781 -16% 2,150 1,741 -19% 4,001 3,033 -24% 2014 ANNUAL REPORT POLICE DEPARTMENT VIOLENT CRIME LAST 10 YEARS 250~------------------------------------------------------- 200 +-------------~~------~~~------------------------------------------------ 150 +---------------------------------------~~------------------------------------- 100 / 50 I ~---=~~ A-= .~ 0 +-----~~----~------~------~----~------~------~------~----~------~ 2005 2006 CITY OF BROOII:LYN CEN,TER ~·.''' A.GREAlPUCETOsfART,AQJU!Afn.AatOSTlY 2007 2008 2009 2010 2011 2012 2013 2014 -+-Forcible Rape -Ill-Robbery ~Agg Assault ~Total Violent Crime 2014 ANNUAL REPORT POLICE DEPARTMENT PROPERTY CRIME LAST 10 YEARS 2,500 2,000 -~--~~~~~~~~~---------------- 1500 I IIIII -I • . ~ "' "' ~ K" ~ \. ~ ~000 - 500 +----------------------------------------------------------- 0 +-----.----,,----.-----.-----.----.-----.-----.-----.---~ 2005 2006 2007 2008 2009 CITY. OF BROOIILYN CENTER,.',·~ ': A GREAT PUCE TO START, A QREAJ FU.CETO STAY 2010 2011 2012 2013 2014 ....,_Burglary ...,_Theft ~Auto Theft ~Total Property Crime 2014 ANNUAL REPORT POLICE DEPARTMENT VIOLENT CRIME Homicide Forcible Rape Robbery Aggravated Assault TOTAL VIOLENT CRIME PROPERTY CRIME Burglary Theft Auto Theft Arson TOTAL PROPERTY CRIME CITY OF BROOII:LYN CEN.TER:.>·\·:'··· A.GR£J.TPt.Ae£TOSTAII1',AilR£Af~UCEToSTAY ·I··· CLEARANCE RATE CASES CLEARED BY ARREST OR % CLEARED BY ARREST TOTAL CASES OR EXCEPTIONAL MEANS OR EXCEPTIONAL MEANS 2014 2013 2014 2013 2014 2013 0 2 0 2 n/a 100.0% 9 14 3 3 33.3% 21.4% 45 66 18 23 40.0% 34.8% 43 46. 32 34 74.4% 73.9% 97 128 53 62 54.6% 48.4% CASES CLEARED BY ARREST OR % CLEARED BY ARREST TOTAL CASES OR EXCEPTIONAL MEANS OR EXCEPTIONAL MEANS 2014 2013 2014 2013 2014 2013 154 206 13 23 8.4% 11.2% 972 1426 491 835 50.5% 58.6% 68 72 14 10 20.6% 13.9% 1 8 1 2 100.0% 25.0% 1,195 1,712 519 870 43.4% 50.8% NATIONAL CLEARANCE RATE 64.1% 40.0% - 29.4% 57.7% 48.1% NATIONAL CLEARANCE RATE 13.1% 22.4% 14.2% 20.7% 19.7% 2014 ANNUAL REPORT POLICE DEPARTMENT CALLS FOR SERVICE 50,000 1. Walmart-1,103 1200 Shingle Creek Crossing 45,000 2. Super 8-448 6445 James Circle North 40,000 3. Twin Lake North Apartments -436 35,000 39,070 4. BCTC -418 2900 County Road 10 30,000 5. Motel6 -414 2741 Freeway Boulevard 25,000 6. Cub Foods -386 20,000 3245 County Road 10 7. Unity Place Town homes-340 15,000 8. Lakepointe Apartments-323 10,000 9. Gateway Commons-306 5,000 10. River Glen Apartments-277 0 2008 CITY OF 2009 2010 2011 BROOII:LYN CENTER::.,"':,. "·· ~ .... .A.GREAT PuCe To START, A an£AT 'ru.C£fQ' Sf,..( 2012 35,914 2013 2014 2014 ANNUAL REPORT POLICE DEPARTMENT ROBBERY 2014 2013 %CHANGE Street 26 38 -31.6% Acquaintance 9 19 -52.6% (Drug/Prostitution/Set-up) Business or Bank 10 6 66.7% Other/Unknown 0 3 -100.0% 2014 ROBBERIES BY MONTH 10 8 6 4 2 0 c ..0 !.... !.... > c > tl.O -1-' -1-' ro CJ) ro 0.. ro :::s -:::s 0.. u ..., u.. ~ <( ~ ..., :::s <( CJ) 0 ..., l/) CITVOF BROOJ(LYN CENTER'••~:-" · .,, ········ A.GREATPLACI!.TO sfARf,A.GRU.tPlJ.~totofA'f 2014 26 9 10 0 > u 0 CJ) z 0 2012 %CHANGE 2014 2011 %CHANGE 31 -16.1% 26 29 -10.3% 14 -35.7% 9 18 -50.0% 5 100.0% 10 9 11.1% 2 -100.0% 0 8 -100.0% 2014 ROBBERIES BY TYPE Business or ___ _ Bank, 22% Acquaintance (Drug/ Prostitution/ Set-up), 20% Street, 58% 2014 ANNUAL REPORT POLICE DEPARTMENT AGGRAVATED ASSAULT 2014 2013 %CHANGE 2014 2012 %CHANGE 2014 2011 %CHANGE Domestic Aggravated Assault 17 22 Non-Domestic Aggravated Assault 26 24 6 4 2 0 2014 NON-DOMESTIC AGGRAVATED ASSAULT BY MONTH -22.73% 8.33% Jan Feb May Jun Jul Sep Oct Nov CITY OF BROOilLYN CEN,TER.'.1.T;:'· A GREAT PLACI!. TO STAAT, .lQR£AlPU.C£TO stAY 17 30 -43.33% 17 29 -41.38% 26 17 52.94% 26 20 30.00% 2014 DOMESTIC VS. NON-DOMESTIC .AGGRAVATED ASSAULT Non-Domestic Aggravated Assault 60% Domestic Aggravated Assault 40% 2014 ANNUAL REPORT POLICE DEPARTMENT BURGLARY 2014 2013 %CHANGE 2014 2012 %CHANGE 2014 2011 %CHANGE Apartment 22 42 -47.62% 22 53 -58.49% 22 58 -62.07% Business 24 23 4.35% 24 22 9.09% 24 38 -36.84% Copper 15 24 -37.50% 15 31 -51.61% 15 43 -65.12% Garage 25 47 -46.81% 25 54 -53.70% 25 20 25.00% Residential 68 70 -2.86% 68 88 -22.73% 68 96 -29.17% TOTAL 154 206 -25.24% 154 248 -37.90% 154 255 -39.61% 2014 BURGLARIES BY TYPE 2014 BURGLARIES BY MONTH Residential 44% 30 20 10 0 c ..a rn (]) --, u.. CITY OF BROOII:LYN CENTER\' ,,, ' AOREA.TPUCI!TOSTIJIT,AQREATPUCETDSTl't !... !... > rn 0.. rn ~ <( ~ c -tl.O 0.. ::J ::J ::J (]) --, --, <( V') ......, > u 0 0 z u (]) 0 Copper 10% 2014 ANNUAL REPORT POLICE DEPARTMENT ~~B~i~~~::~: "[.· Other Theft 'B: ·~··c'::y· 'c: 'l··.e:', '::'ih···e··.,.:.f···.t··'· ': ·····, :: ' ' ' ,, ' ' ' ' ' ' i: I\:, ' 'II "I" 'I ,,;:: .. 1::. I ':':':!·\~ ' ', " ·I 400 200 0 THEFT ·:/\.' ,·.· ''',;i•:,·i ·.i ,'· ;•:o' ,::! !\ .49 .. , ,,cc4;4·~~P,%: ~; TOP 5 REPORTED SHOPLIFTING INCIDENTS BY LOCATION 2014 :·:Zo:l.o.J% cHANGE 439 I 3.42% Walmart Cub Sears Target BC Liquor #1 CITY OF B.ROOIILYN ··cEN:rER'·':<' ··~:······· A CII:EAT PU.CETO $T,lRT, A QAU.f PUCE TO STAY 2014 ANNUAL REPORT POLICE DEPARTMENT CITATIONS & JUV.ENILE ARRESTS DATA Truancy ).Y~~~il.~.~·,~~r~sf·~·j'; :·· ,' '',, I''' i~i~Y,~~iJ.~';:.Qi~~·~~•i§n.:~r:B~ra.•;n .,·. ;(su'cce'sst'ul••.co·rr;pletion)'•·········......... ··. ··:··, .. · , ' ',,. ,',' ' ' ,' ,,, ' .·.·:: ,',,•:.·. CITY OF BROOII:LYN CENTER' >:·.· ~· AGREATPUC£TOST.un',AQRI!ATPUCETDSTA't -61.8% ,, .' 4'6'0%' •.:':" • '.0 14.3% 2014 ANNUAL REPORT POLICE DEPARTMENT TOP 10 HOME CITIES OF 600 500 400 300 200 100 0 V'l 0 0.. rn Q) c c ~ CITY OF !..... Q) +-' c Q) u ~ ~ rn rn 0.. 0.. c ~ > (./') c -> ~ -0 ~ 0 0. !..... 0 co !..... co BROOKLYN CENTER":'·.·>··'·"" AGREATP1.At£TOSTART,AGR£ATPU.Cii.TO,STA.Y .. ARRESTED PARTIES Minneapolis Brooklyn Center Brooklyn Park St. Paul Fridley Plymouth Robbinsdale Crystal New Hope Coon Raoids > ..c Q) - Q) +-' -rn rn +-' -~ V'l· -c 0 ""0 > !..... E V'l !..... u... c u > ·-..c 0.. ..c 0 0:::: 535 450 213 69 25 25 25 24 23 20 Q) V'l 0.. -c 0 0.. I rn $ 0:::: Q) c z 0 0 u • Data was obtained by using primary address key in IIQ • Includes all arrests: juvenile and adult • Top arresting charges: Shoplifting (less than $500}-449 5th Degree Assault -141 Controlled Substance-129 2014 ANNUAL REPORT POLICE DEPARTMENT INVESTIGATIONS DIVISION MAJOR CASE ASSIGNMENTS IN 2014 Five Brooklyn Center Detectives were assigned 954 major crimes cases in 2014. • 333 Solved-number of cases were cleared as solved. • 44 Unfounded-number of cases were classified as unfounded. • 177 Exceptionally cleared-no crime can be identified from the information that was gathered. In 2014, 45% of the assigned cases were solved. CITY OF BROOII:LYN CENTER'"'·:' ,, , -" ·«,, .... AGREATPUCETO sf..tRT,AGJifiJpt.J.c£to'sf~y 2014 ANNUAL REPORT POLICE DEPARTMENT INVESTIGATIONS DIVISION VIOLENT OFFENDER TASK FORCE IN 2014 The Brooklyn Center Police Department has one officer assigned to the Hennepin County Violent Offender Task Force ("VOTF"). • The VOTF conducted 220 search warrants, made 281 arrests, and removed 139 firearms in 2014. • The VOTF conducted an intense 9-month federal conspiracy investigation of a notorious local street gang that led to 11 Federal Indictments. • Our VOTF officer was the primary lead when conducting 42 of the search warrants, arresting . 28 suspects, and recovering 12 firearms. CITY OF BROOII:LYN CENTER'··~ ····"··--·-·· AoREArvu.etrosr.urr.AaREAT,~cET0STAY,., 2014 ANNUAL REPORT POLICE DEPARTMENT INVESTIGATIONS DIVISION NORTHWEST METRO DRUG TASK FORCE IN 2014 The Brooklyn Center Police Department joined the Northwest Metro Drug Task Force {"NWMDTF") in June 2012 with one officer. • The NWMDTF recovered 339 pounds of marijuana, 2lbs of meth, 4 pounds of heroin and 62 guns. • Our DTF officer was assigned 111 drug cases, submitted 62 cases for charging, and executed over 100 search warrants. CITY OF BROOI,LYN CENTER'•'~··· ·---···· · AGREA.TPLJ.C!T0STAAT,A0Rf.I.TPI.J.CETDSTAY 2014 ANNUAL REPORT POLICE DEPARTMENT N -oo 01-' r-.1'> ~~ oz me "'0)> )>r ~;:u $~ mo Z;:u -l-l m Cl 0 ..... )> 20 ., ..... c: -1 :a )> -z -z C) :- 1:4111 r 3 Ar: M Q a r' �,, r y''• r gap 3 * 4 N� r y''• r Thank you for your support CITY OF BROOII:LYN · CEN.TER"''~· "" .······ ··• ., · lGRE.ATPUCE!TOSl'ART,.t QR£A1 PUCE. TO ltA.Y Chief Kevin Benner 2014 ANNUAL REPORT POLICE DEPARTMENT City Council Agenda Item No. 7c Jf}rotlnmntion DECLARING MARCH 23, 2015, AS "YOUTH IN GOVERNMENT DAY" IN THE CITY OF BROOKLYN CENTER, MINNESOTA WHEREAS, youth represent a significant portion of the population in the City of Brooklyn Center and their voices, opinions and participation are instrumental and valuable to the governmental process; and WHEREAS, The City of Brooklyn Center recognizes that public policies and decisions impact the lives of youth every day and that there is a continued and evolving need to identijj; strategies that meet the needs of youth and families in our community; and WHEREAS, by allowing students a fun and educational opportunity to actively participate in the governmental process and by providing them with an experiential understanding of how the process works and how decisions are made, the City of Brooklyn Center hopes to cultivate and equip youth with the knowledge and tools to become engaged, active and informed residents andfuture leaders of the community; and WHEREAS, Mahad Olad, Brooklyn Center High School Andrew Osagiede, Brooklyn Center High School Feyisayo Ayobamidele, Park Center High School Sade Berrouet, Northview Junior High Zachary Buck, Park Center High School; have actively participated in the 2015 Youth in Government Day Program. NOW, THEREFORE, L TIM WILLSON AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: Monday, March 23, 2015 as "Youth in Government Day" in the City of Brooklyn Center and do hereby acknowledge the 2015 participants. March 23 2015 Date Mayor Council Members ATTEST: __________ _ City Clerk City Council Agenda Item No. Sa COUNCIL ITEM MEMORANDUM DATE: March 16, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ~ ~~ SUBJECT: An ·ordinance Amending Chapters 2, 4, 5, 6, and 9 of the Brooklyn Center City Charter; Sections 2.05A, 2.05B Paragraph b, 4.06, 5.01, 6.02 Subdivision 3 Paragraphs (b) and (c), and 9.04 Recommendation: It is recommended that the City Council open the Public Hearing, take public input, close the Public Hearing, and consider adoption of An Ordinance Amending Chapters 2, 4, 5, 6, and 9 of the Brooklyn Center City Charter; Sections 2.05A, 2.05B Paragraph b, 4.06, 5.01, 6.02 Subdivision 3 Paragraphs (b) and (c), and 9.04. Background: At its February 9, 2015, meeting, the City Council accepted the Charter Commission recommendations to amend the City Charter. City staff was directed to prepare an ordinance amendment for consideration within 30 days of receiving the Charter Commission recommendations. At its February 23, 2015, meeting, the City Council approved first reading of an Ordinance Amending the City Charter and set second reading and Public Hearing for March 23, 2015. Adoption of said ordinance requires unanimous approval of all Council Members to become effective. If adopted, the City Chmier mnendments become effective July 1, 2015 (90 days after publication). Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people aiUI preserves the public tmst CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23rd day of March 2015 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending Chapters 2, 4, 5, 6, and 9 of the Brooklyn Center City Charter; Sections 2.05a, 2.05b paragraph b, 4.06, 5.01, 6.02 Subdivision 3 paragraphs (b) and (c), and 9.04. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. _____ _ AN ORDINANCE AMENDING CHAPTERS 2, 4, 5, 6, AND 9 OF THE BROOKLYN CENTER CITY CHARTER; SECTIONS 2.05A, 2.05B PARAGRAPH b, 4.06, 5.01, 6.02 SUBDIVISION 3 PARAGRAPHS (b) AND (c), AND 9.04 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 2, Section 2.05a of the City Charter of the City of Brooklyn Center is hereby amended as follows: Section 2.05a. PROCEDURES TO FILL COUNCIL VACANCIES BY SPECIAL ELECTION. If the unexpired term of the council vacancy is one year or longer, or ifthe unexpired term of the Council vacancy is less than one year and the Council chooses not to fill the vacancy through the appointment process, a special election shall be called by the Council or by the City Clerk if the Council fails to act within thirty (30) days ofthe occun·ence of the vacancy. The special election will shall be held not sooner than ninety (90) sixtv (60) days and not later than ene two hundred tv,renty (120) (200) days following the occurrence of the vacancy. Except as provided in this Section and to be othen:vise governed by the provisions of Section4.03, Special Elections of the City Charter. all of the provisions of the Minnesota election law are applicable to the election as far as practicable. If more than two candidates file for the unexpired tetm, a primary election shall be held. Section 2. Chapter 2, Section 2.05b, paragraph 5 of the City Charter of the City of Brooklyn Center is hereby amended as follows: 5. If the Council pursues the appointment process but then fails to fill a vacancy within forty- five (45) days from the occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy. The special election will shall be held not sooner than one hundred five (105) days and not later than ene two hundred thirty five (135) (200) days following the occunence of the vacancy. Except as provided in this Section and to be othenvise governed by the provisions of Section4.03, Special Elections of the City Charter. all of the provisions ORDINANCE NO. ------- of the Minnesota election law are applicable to the election as far as practicable. If more than two candidates file for the uneKpired term, a primary election shall be held. Section 3. Chapter 4, Section 4.06 ofthe City Charter ofthe City of Brooklyn Center is hereby amended as follows: Section 4.06. CANVASS OF ELECTION. The Council shall meet and canvass the election returns within five (5) days between the third (3rd) and the tenth ooth) day after any regular, primary or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the true vote for each candidate, with an indication of those who were elected or nominated; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and f) such other infonnation as may seem pertinent. The City Clerk shall fmthwith notify all persons elected or nominated of their election or nomination. In case of a tie vote, the Council shall determine the result by lot. The City Clerk shall be the final custodian of the ballots. Section 4. Chapter 5, Section 5.01 ofthe City Charter ofthe City ofBrooklyn Center is hereby amended as follows: Section 5.01. POWERS RESERVED BY THE PEOPLE. The people of Brooklyn Center reserve to themselves the power~, in a_ccordance with the provisions of this chatter, to initiate and adopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes, and to require -stlefl an ordinance when passed adopted by the Council to be referred to the registered voters for approval or disapproval. These powers shall be called the initiative and referendum. Section 5. Chapter 6, Section 6~02, Subdivision 3, paragraph (b) of the City Charter of the City of Brooklyn Center is hereby amended as follows: (b) The Fire Chief shall be appointed from the members of the Fire Department. Procedures for the appointment, suspension and removal of the Fire Chief shall be set forth in paragraph (a) ofthis Subdivision. Section 6. Chapter 6, Section 6.02, Subdivision 3, paragraph (c) of the City Chatter of the City of Brooklyn Center is hereby amended as follows: (c) 1\:ppointments and promotions of all other members of the Fire Department shall be by the Fire Chief but shall be made final only upon approval ofthe City Manager. Suspension and removal of all other members ofthe Fire Depmiment shall be by the Fire Chiefvlith the prior approval of the City Manager. All appointments, promotions, suspensions and removals of Fire Department .members shall be on the basis of merit and fitness and upon the provisions of all applicable ordinances. ORDINANCE NO. _____ _ Section 7. Chapter 9, Section 9.04 of the City Charter ofthe City of Brooklyn Center is hereby amended as follows: . Section 9.04. CITY MAY DISMISS PROCEEDINGS. The City may dismiss all or part of the property being acquired in a condemnation proceedings so long as the dismissal is filed 'Nith the proper court prior to the expiration of the time for an appeal or before entry ofjudgment if an appeal has been taken. When the proceeding is dismissed, the City shall pay all reasonable costs and expenses incurred by the condemnee including attomey's fees. Section 8. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. Adopted this ___ day of ______ 2015. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, double underline indicates new matter.) DATE: TO: FROM: SUBJECT: februt:t~ 2.312ols, 0oon~:;t Ajendtt. COUNCIL ITEM MEMORANDUM February 17, 2015 Curt Boganey, City Manager Sharon Knutson, City Clerk ~ ~ An Ordinance Amending Chapters 2, 4, 5, 6, and 9 of the Brooklyn Center City Charter; Sections 2.05A, 2.05B Paragraph b, 4.06, 5.01, 6.02 Subdivision 3 Paragraphs (b) and (c), and 9.04 Recommendation: It is recommended that the City Council consider approving first reading of An Ordinance Amending Chapters 2, 4, 5, 6, and 9 of the Brooklyn Center City Charter; Sections 2.05A, 2.05B Paragraph b, 4.06, 5.01, 6.02 Subdivision 3 Paragraphs (b) and (c), and 9.04 and setting second reading and Public Hearing for March 23,2015. Background: At its February 9, 2015, meeting, the City Council accepted the Charter Commission recommendations to amend the City Charter. City staff was directed to prepare an ordinance amendment for consideration within 30 days of receiving the Charter Commission recommendations. Attached is an ordinance amending the City Charter. Budget Issues: There are no budget issues to consider. Prlission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people mul preserves. the public tmst ~brM'( q ~\5 Cwntt \ ft:rd 4{.. COUNCIL ITEM MEMORANDUM 1 • DATE: TO: FROM: SUBJECT: February 5, 2015 City Council Curt Boganey, City Manag~ City Charter Amendments Recommendation: It is recommended that the City Council receive the revised Charter Commission amendment recommendations and , consider directing staff to prepare a suitable ordinance for your consideration. Background: On November 10th 2014 the City Council received a set of recommended amendments to the City Charter. Most of these amendments were developed by staff and approved by the City Council in January of 2013 in response to a request for suggestions from the Charter Commission. Following a rather lengthy discussion (minute transcripts enclosed) the City Council voted to receive the recommended changes from the Commission. At the direction of the Council following the meeting, staff and attorney communicated with the Charter Commission Chair, requesting clarification based on concerns that were discussed at the Council meeting. The City attorney drafted a charter amendment submittal format, suggesting that this new format would clarify the intent of the Commission and would be consistent with the Rules of Procedure adopted by the Commission. The Charter Commission met and adopted for approval the attached seven amendments to the City Charter. They have prepared them in accordance with the method suggested by the City Attorney. They have been transmitted in a clear and cogent manner that satisfies the Chmier Commission Rules of Procedure. Staff has reviewed the seven amendments and does not anticipate any administrative difficulties that would flow from their adoption. In fact staff supports the proposed City Charter changes. Under Minnesota Statutes 2014, Section 410.12, Subdivision 7, the City Council may enact a charter amendment by ordinance. If it is the direction of the Council we will prepare an ordinance for consideration with 30 days of Council receiving these recommendations. Adoption of said ordinance requires a unanimous approval of all Council members to become effective. Budget Issues: There are no budget issues to consider. Mission: Ensuring llll attmctive, clean, safe, inclush•e community that enhances the quali(v of life for all people ami presen•es tlte public trmt BROOKLYN CENTER HOME RULE CHARTER COMMISSION January 18 1\ 2015 Cmt Boganey City Manager City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 Re: Transmittal of Recommended Amendments to the City Charter Dear Mr. Boganey: The purpose of this letter is to transmit to the Brooklyn Center City Council proposed amendments to the Brooklyn Center City Chmter. The enclosed recommended amendments are being forwarded for consideration for adoption by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7 and Section VIII(B)(3)(a) ofthe Charter Commission's Rules of Procedures ("Rules"). Each of the recoinmended amendments was accepted by a 2/3 affirmative vote ofthe actual membership (with never less than eight affirmative votes) of the Charter Commission as required by Section VIII(B)( 1) of the Rules and are being transmitted as separate recommendations the City Council may act on individually or jointly. The Charter Commission understands the City will draft one or more ordinances as needed to address the recommended amendments and will act on them within the time lines established in Minnesota Statutes, section 410.12, subdivision 7. Please feel free to contact me if there are any questions or if you would like me to provide additional information regarding the Charter Commission's reasons behind the recommended amendments. Sincerely, Mark Goodell Chairperson Enclosure-Recommended Amendments # 1 through #7 BROOKLYN CENTER HOME RULE CHARTER COMMISSION RECOMMENDED CHARTER AMENDMENTS The Brooklyn Center Home Rule Chmter Commission hereby transmits the following recommended amendments to the City Charter for consideration and action by the City Council by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7. The following are presented as separate recommendations that the City Council may act on individually or jointly as it determines. is appropriate. Recommended Amendment #1 Chapter 2, Section 2.05a of the City Chatter of the City of Brooklyn Center is hereby amended by deleting the stricken material and adding the double underlined material as follows: Section 2.05a. PROCEDURES TO FILL COUNCIL VACANCIES BY SPECIAL ELECTION. Ifthe unexpired term of the council vacancy is one year or longer, or if the unexpired term of the Council vacancy is less than one year and the Council chooses not to fill the vacancy through the appointment process, a special election shall be called by the Council or by the City Clerk if the Council fails to act within thirty (30) days of the occurrence of the vacancy. The special election will shall be held not sooner than ninety (90) sixty (60) days and not later than ene two hundred twenty (120) (200) days following the occurrence of the vacancy. Except as provided in this Section and to be othenvise governed by the provisions ofSection4.03, Special Elections of the City Charter. all of the provisions of the Minnesota election law are applicable to the election as far as practicable. If more than two candidates file for the unexpired term, a primary election shall be held. Recommended Amendment #2 Chapter 2, Section 2.05b, paragraph 5 of the City Charter of the City of Brooklyn Center is hereby amended by deleting the stricken material and adding the double underlined material as follows: 5. If the Council pursues the appointment process but then fails to fill a vacancy within fatty- five ( 45) days from the occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy. The special election will shall be held not sooner than one hundred five (1 05) days and not later than ene two hundred thirty five (135) (200) days following the occurrence of the vacancy. Except as provided in this Section and to be othenvise governed by the provisions of Section4.03, Special Elections of the City Charter. all of the provisions of the Minnesota election law are applicable to the election as far as practicable. Ifmore than t\vo candidates file for the unexpired term, a primary election shall be held. Recommended Amendment #3 Chapter 4, Section 4.06 of the City Charter of the City ofBrooklyn Center is hereby amended by deleting the stricken material and adding the double underlined material as follows: Section 4.06. CANVASS OF ELECTION. The Council shall meet and canvass the election returns within five (5) days between the third (3rd) and the tenth Cl0 1h) day after any regular, primary or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the true vote for each candidate, with an indication of those who were elected or nominated; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected or nominated of their election or nomination. In case of a tie vote, the Council shall determine the result by lot. The City Clerk shall be the final custodian of the ballots. Recommended Amendment #4 Chapter 5, Section 5.01 of the City Charter ofthe City ofBrooklyn Center is hereby amended by deleting the stricken material and adding the double underlined material as follows: Section 5.01. POWERS RESERVED BY THE PEOPLE. The people ofBrooklyn Center reserve to themselves the power~, in accordance with the provisions of this charter, to initiate and adopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes, and to require Stlffi an ordinance when passed adopted by the Council to be referred to the registered voters for approval or disapproval. These powers shall be called the initiative and referendum. Recommended Amendment #5 Chapter 6, Section 6.02, Subdivision 3, paragraph (b) ofthe City Chatter ofthe City ofBrooklyn Center is hereby amended by deleting the stricken material as follows: (b) The Fire Chief shall be appointed from the members ofthe Fire Department. Procedures for the appointment, saspension and removal ofthe Fire Chief shall be set forth in paragraph (a) ofthis Subdivision. Recommended Amendment #6 Chapter 6, Section 6.02, Subdivision 3, paragraph (c) of the City Charter of the City of Brooklyn Center is hereby amended by deleting the stricken material as follows: (e) Appointments and promotions of all other members of the Fire Department shall be by the Fire Chief but shall be made final only upon approval of the City Manager. Suspension and removal of all other members of the Fire Department shall be by the Fire Chief \'lith the prior approval of the City Manager. All appointments, promotions, suspensions and removals of Fire Department members shall be on the basis of merit and fitness and upon the provisions of all applicable ordinances. Recommended Amendment #7 Chapter 9, Section 9.04 of the City Charter of the City of Brooklyn Center is hereby amended by deleting the stricken material as follows: Section 9.04. CITY MAY DISMISS PROCEEDINGS. The City may dismiss all or part of the property being acquired in a condemnation proceedings so long as the dismissal is filed with the proper court prior to the eJ<piration of the time for an appeal or before entry ofj:1dgment if an appeal has been taken. When the proceeding is dismissed, the City shall pay all reasonable costs and expenses incurred by the condemnee including attorney's fees. Each of these recommended amendments was accepted by a 2/3rds affirmative vote of the actual membership (with never less than eight affirmative votes) of the Charter Commission as required by Section VIII(B)(l) of the Chmier Commission's Rules of Procedures. The recommended amendments contained herein replace the recommended amendments on the same subjects previously communicated to the City, which are hereby withdrawn. Submitted to the City this 18th day of January 2015. BY THE CHARTER COMMISSION Mark Goodell, Chairperson Mary O'Connor, Secretary Secti on 5 .09. INITIATION OF C H ARTER AMENDMENTS . Noth ing in this char ter shall b e construed as in any way affecting the right of the regis tere d voters, under the co n st ituti on and statutes of M innesota, to propose amendments to this charter. MINNESOTA STATUTES ANNOTATED Sect ion 41 0 .12 Sub division 7 Charier Amendment by Ordinance Subd. 7. Amendment by ordinance . Upon rec ommend ation of the charte r commission the city council may enact a ch arter amendment b y ordinance. Such an ordinance, if enacted, shall be adopted by the council by an afftrmative vo te of all its members after a public hearing upon two weeks pub lish ed not ice containing the text ofthe proposed amendment and shall be a p proved by the mayor and published as in the case of other ordinances. An ordinan ce amending a city charter shall not become ef fective until 90 days after p assage and publication or at such later d ate as is fixed in the ord in ance. W ith in 60 days after passage a nd p ublicati on of such an ordin ance, a petition reque sting a re ferendum on the ordinance may be fi led with the city clerk. Such petition shall be signed by qualified voters equal in numb er to two per cent of the t otal numb er of votes cast in the city at the las t st at e general e lection or 2,000 wh ichever is less. If the c it y has a system of p ermanent registration of voter s, only registered voters a re el ig ib le to sign the p e ti tion. If the requisite p etition is fi le d wi thin the prescr ib ed p eriod , the or d inance shall n ot become effective until it is approved by the voters as in the case of charter amendments subm itte d by the charter commission, the council, or by p etition of the voters, except that the council may submi t t h e ordi nance at any general or special election h el d at leas t 60 clays after submission o f the pet ition, o r it may reco n sider its action in adopting the ordinance. As far as practicable th e requirements of (Minnesota Statutes 41 0.12) subdivisions 1 to 3 apply t o petitions sub mitted under th is section, to an ordinance amending a charter, and to fi ling of such ordinance when approved by the voters. Sect ion 5.10. T HE REFE RENDUM. If prior to th e d ate when an ordinance takes effect a p etition si gned b y qual ified re gi ster e d voters o f the Ci t y e qual in number t o ten (1 0) per cent of th e t otal number of registered voters at th e time o f t he las t regular municipal election is filed w ith t h e City Clerk reques ting that any such ord inance be repealed or s ubmitted to a vote of the registered voters, th e ordinance shall thereby be p revented from going into operation. T h e Council sh all thereup on reconsider the ordinance at it s next regul ar meeting, and by a m ajority vo te ei ther r epeal or affir m th e ordinan ce as passed. I f th e ordinance is a ffirm ed, the Council shall immediately order a special el ection t o be held thereon, or submit the ordinance at the next re g ular mun icipal e lection, p ending which th e ordinance shall remain susp end ed. I f a majority of the vot ers votin g on the ordin ance is opposed to the ordinance, it shall not become effe ctive ; but if a majority of the voters favor the ord inance, it shall go into eff ect immediately or on the date therein specified. City of Brooklyn Center -13 -City Charte r Last revis ed 12/04/2008 MINNESOTA STATUTES 2014 410.12 410.12 AMENDMENTS. Subdivision 1. Proposals. The charter commission may propose amendments to such chmier and shall do so upon the pet-ition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least 17 weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a chmier amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 3 00 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary, together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it, return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set fmih. Subd. 1 a. Alternative methods of charter amendment. A home rule chatier may be amended only by following one of the alternative methods of amendment provided in subdivisions 1 to 7. Subd. 2. Petitions. The signatures to such petition need not all be appended to one paper, but to each separate petition there shall be attached an affidavit of the circulator thereof as provided by this section. A petition must contain each petitioner's signature in ink or indelible pencil and must indicate after the signature the place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and addresses of five electors of the city, and on each paper the names and addresses ofthe same five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. The affidavit attached to each petition shall be as follows: State of ......................................................... ) ) ss. County of ..................................................... ) ............................... being duly sworn, deposes and says that the affiant, and the affiant only, personally circulated the foregoing paper, that all the signatures appended thereto were made in the affiant's presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purpmi to be. Signed ........................... . (Signature of Circulator) Subscribed and sworn to before me this ....... day of ............ . Notary Public (or other officer) authorized to adniinister oaths Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 410.12 MINNESOTA STATUTES 2014 2 The foregoing affidavit shall be strictly construed and any affiant convicted of swearing falsely as regards any particular thereof shall be punishable in accordance with existing law. Subd. 3. May be assembled as one petition. All petition papers for a proposed amendment shall be assembled and filed with the charter commission as one instrument. Within ten days after such petition is transmitted to the city council, the city clerk shall determine whether each paper of the petition is properly attested and whether the petition is signed by a sufficient number of voters. The city clerk shall declare any petition paper entirely invalid which is not attested by the circulator thereof as required in this section. Upon completing an examination of the petition, the city clerk shall certify the result of the examination to the council. If the city clerk shall ce1iify that the petition is insufficient the city clerk shall set f01ih in a certificate the pa1iiculars in which it is defective and shall at once notify the committee of the petitioners of the findings. A petition may be amended at any time within ten days after the making of a ce1iificate of insufficiency by the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall within five days after such amendment is filed, make examination of the amended petition, and if the ce1iificate shall show the petition still to be insufficient, the city clerk shall file it in the city clerk's office and notify the committee of the petitioners of the findings and no fmiher action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Sub d. 4. Election. Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original charter. The form of the ballot shall be fixed by the governing body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of its adoption, copies of the amendment and cmiificates shall be filed, as in the case of the original charter and the amendment shall take effect in 30 days from the date of the election or at such other time as is fixed in the amendment. Subd. 5. Amendments proposed by council. The council of any city having a home rule charter may propose chmier amendments to the voters by ordinance. Any ordinance proposing such an amendment shall be submitted to the charter commission. Within 60 days thereafter, the chmier commission shall review the proposed amendment but before the expiration of such period the commission may extend the time for review for an additional 90 days by filing with the city clerk its resolution determining that an additional time for review is needed. After reviewing the proposed amendment, the chmier commission shall approve or reject the proposed amendment or suggest a substitute amendment. The commission shall promptly notify the council ofthe action taken. On notification of the charter commission's action, the council may submit to the people, in the same manner as provided in subdivision 4, the amendment originally proposed by it or the substitute amendment proposed by the chmier commission. The amendment shall become effective only when approved by the voters as provided in subdivision 4. If so approved it shall be filed in the same manner as other amendments. Nothing in this subdivision precludes the chmier commission from proposing charter amendments in the manner provided by subdivision 1. Subd. 6. Amendments, cities of the fourth class. The council of a city of the fourth class having a home rule charter may propose chmier amendments by ordinance without submission to the chmier commission. Such ordinance, if enacted, shall be adopted by at least a four-fifths vote of all its members after a public hearing upon two. weeks' published notice containing the text of the proposed amendment and shall be approved by the J:nayor and published as in the case of other ordinances. The council shall submit the proposed amendment to the people in the manner provided in subdivision 4, but not sooner than three months after the passage of the ordinance. The amendment becomes effective only when approved by the voters as provided in subdivision 4. If so approved, it shall be filed in the same manner as other amendments. Copyright© 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 3 MINNESOTA STATUTES 2014 410.12 · Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must contain the text ofthe proposed amendment. The city council must hold the public hearing on the proposed chatier amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the city council must vote on the proposed chatier amendment ordinance. The ordinance is enacted if it receives an affirmative vote of all members of the city council and is approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. The petition must be signed by registered voters equal in number to at least five percent of the registered voters in the city or 2,000, whichever is less. Ifthe requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a chatier, and to the filing of such ordinance when approved by the voters. History: (1286) RL s 756; I907 c I99 s I; I911 c 343 s I; I939 c 292 s I; I943 c 227 s I; I949 c I22 s I; I959 c 305 s 3,4: I96I c 608 s 5,6; I969 c I027 s 3; I973 c 503 s I-4; I986 c 444; I998 c 254 art I s I07; 1999 c 132 s 42; 2005 c 93 s I; 2008 c 33I s 7; 20IO c I84 s 43 Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5508 FREMONT A VENUE NORTH Mayor Willson po ll ed th e aud ien ce and as ked whether anyo ne was in attendance to provide testim ony on th is rental licen se. Seeing no one coming forward , Mayor Willson called fo r a motion . Councilmember Myszkowski moved and Counci lmember L awrence -Anderso n seconded t o approve the issuance of a Type IV si x-month provisional rental license and mitigation plan for 5508 Fre mont A venue North, w ith the requirement that the mitigation plan and all appl icable ordinance s must be strictly adhered to be fo re a renewal rental licen se would be considered. Motion p assed unanimously. lOb. TRANSMITTING CHARTER COMMISSION RECOMMENDATIONS TO DISCUSS PROVISION OF CITY CHARTER City Manager Curt Boganey introduced the it em and stated that proposed City Charter amendments were prepared by the Charter Commiss ion for the City Council 's review and consideration. Cou nci lmember Ryan thanked Mr. Boganey an d City st aff for continuing to communicate the Charter Commission's recommendations to the City Council. He expressed h is support of the recommendations. Mayor Willson stated t he Charter Commi ss ion made previou s recommendations that confl ic t with the current proposed recommended changes. H e added the City Council h as a 30-d ay win dow in which to request clarification from the Chatter Commis sion and take action on its recommendations. Mr. Boganey agreed. Counci lm ember Ryan stat ed the City Council may approve new Charter language by unanimous vote . l-Ie added Co uncilme mber Klev en suffere d a se rio us injury in August, and is still in recovery . He as ked, in the absence of Counci lm ember Kleven, whether a vote could be considered unanimous if a City Councilmember is absent due to injury. City Attorney Troy Gilclu·i st s ta ted language in statute typically refers to a un an imous vote of the City Council, and a majority of quo rum is re quired . Mayor Willson stated the newly elected City Councilmember shou ld be involved in the discussion and su bsequent action in 2015. He re quested that Cit y staff contact the Charter Commission and request additional information and cl arificatio n . Mr. Boganey stated the City Council shou ld only consider the Charter amendments referenced in the Council p acket for this evening's meeting. He added City staff is reviewing some of the proposed amendments to determine whether they are comprehensive, and also whether they can be addressed as separate actions. Mayor Willson stated the City Council should determ ine 11110114 -4- whether they will consider any or all amendments to the City Charter. Mr. Gilchrist stated he believes the amendments should be considered as one action, but he agreed to research precedents for other possible interpretations. Mr. Boganey stated City staff will consider the options available to the City Council with regard to the amendments if they adopt the recommendations at tonight's meeting. Mayor Willson requested that Mr. Gilchrist provide additional legal information for the City Council's review. Mr. Gilchrist agreed. Councilmember Ryan moved and Councilmember Myszkowski seconded to receive the Chmier Commission recommended changes to the City Charter related to Sections 9.04, 5.01, and Section 6.02. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • November 2, 2014, Lions Club Waffle Breakfast • November 6, 2014, Lions Club Monthly Dinner, held at Boulevard Hotel • November 8, 2014, West African Ebola Task Force Meeting held at Community Center • November 13, 2014, will attend Neighborhood Watch Captain's Appreciation Dinner held at Community Center Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • October 29, 2014, visited Open Houses at 5401 Queen Avenue Nmih and 5651 Dupont Avenue Nmih, homes remodeled through the Federal Neighborhood Stabilization Program • November 4, 2014, voted at her community polling place -expressed the importance of Election Night as a special and exciting community event, especially since voter turn-out was low • November 5, 2014, helped build raised garden beds in Evergreen Park Community Gardens as pmi of a community grant program • November 7, 2014, CEAP Board meeting • Councilmember Myszkowski expressed Councilmember Kleven's disappointment at not being able to attend this evening's meeting. Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • November 2, 2014, Lions Club Waffle Breakfast • November 3, 2014, Brooklyn Center Business Association Board Meeting • November 4, 2014, Election Day events with her husband and daughter who turned 18 that day and voted for the first time • November 9, 2014, events at Cross of Glory Church • November 11, 2014, will visit Odyssey Academy fifth grade classes 11/10/14 -5- City Council Agenda Item No. lOa City Council Agenda Item No. lOa #1 COUNCIL ITEM MEMORANDUM DATE: March 23, 2015 TO: FROM: Curt Boganey, City Manager Sharon Knutson, City Clerk ~ ~ SUBJECT: Type IV 6-Month Provisional Rental License for 4216 Lakebreeze Ave 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 4216 Lakebreeze Ave. 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 1 building, 4-unit multifamily property. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Rental License based on sixteen (4/unit) property code violations found during the initial rental license inspection and one (1) validated police nuisance incidents 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 ofthe Mitigation Plan for more information. The following is a brief history of the license process actions: 11-21-2014 12-16-2014 01-20-2015 01-31-2015 02-04-2015 The Owner, Paul Sustman, applied for renewal of the rental dwelling license for 4216 Lakebreeze Ave, a 1 building, 4-unit multifamily. An initial rental license inspection was conducted. 16 ( 4/unit) property code violations were cited, see attached rental criteria. A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. The previous rental license expired. A third inspection was conducted and passed. A $1 00 reinspection fee still owed. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances tlte quality of life for all people and preserves tlte public tmst 02-05-2015 02-13-2015 02-18-2015 02-27-2015 03-03-2015 03-16-2015 COUNCIL ITEM MEMORANDUM The $100 reinspection fee was paid. City records indicate one validated police nuisance incidents occurred in the past twelve months. Incident was 05-10-2014, theft from auto A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held March 23, 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 tetms 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 oppmiunity 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 JI;Jission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public tmst 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 ofthe 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 prope1iy 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 occuning 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. Propetiy code violation rates will be based on the average number of propetiy code violations per unit identified during the licensing inspection or category verification inspection. Propetiy 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, Mission: Ensuri11g mz attractive, clean, safe, inclusive community tlwt enhances tile quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 1 00% 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 Only) Type I-3 Year 1-2 units 0-1 3+units c ~ ~~ : c~' c 'cc c ~~ 0-:0;75 ~~~ ---' Type II-2 Year 1-2 units Greater than 1 but not more than 4 3-f1lnits > ~ ~ Greaterthan0.75 butnc)tmore thai1J,5 _ • Type III -1 Year 1-2 units Greater than 4 but not more than 8 3+units ~ ~ ~ ~ ~ ~~~ Gtea:ter than 1.5 but notinorethan 3 ~' ~ ~~ Type IV -6 Months 1-2 units Greater than 8 3+CUiuis Greater than 3 < ~ --~' ~ ~ c,-~ 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 Repmiing System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining liGensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a repmi of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.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 3 4 ... ~ -lillltS ~~ ~ ~ 0-0.25 ' '-~ " ~ ~ 5 or more units 0-0.35 Mission: Ensuring an attractive, clean, safe, inclusive community tlwt enhances tlze quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-k:turits > .. _-Greaterthan0.25 :buf not more than .I· 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories .. :-c;_ ~ Qreater•th~uid\; · -•; L .. 3'"4 umts ·•--> -. 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment -Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive COJJmumity that enhances tlze quality of life for all people and preserves the public trust .· .· .. ~· - ~ City of Brooklyn Center 6?.01 Shingle Creek Parl<wav Brooklyn Center, MN S5430·2199 Phone: 763-569-3300 TTY711 Fax: 763-559·3360 WlVW.,ityojbrookfyncMter.org • • K&li14V.4Hi:'Y;,.;·'''··· Rental License Mitigation Plan-Type IV Rental License Handwrilten plaJIS will not be accepted. Please type or usejillableftmn on City wehsitt- Section A-Property Information Pioperty Address:4216 Lakebreeze Ave Brooklyn Center OwnerName:Restored Bungalows Local Agent: Brenda Benson Owner Address: Agent Address: WO Elro~en Arrow Rd Q\anhassen M14 55317 W6 Dodge Ave suite C Elk Rlver Mt-.1 55330 Owner Phone: 952·457 ·1149 Agent Phone: 763-486-7 428 Owner Email:paul@sustman.com Agent Email:jbhan@izoom.net .... ,. ~ental License: U New IJIJ Renewal: Current License Expiration Date: 1131/15 *Pending Type IV License Exp. Date: 7/31115 (Si;r mo11ths /rom current b'censc expiraliOII) Based on propert)' conditions and/or validated pollee nuis:mce incidents, the above referenced properly quali nes for a Type IV Rental License. Before your license application can be C<Jnsidered by ihe City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan ~hould indicate the steps being taken to correct identified violations and ihe mcasl!res th;~t will be taken to Si1&ure ongoing compliarn:.e with City Ordinances and applicable Codes. The Mitigation Plan providl's an opportunity to review property conc.ems and identify po~siblc wlutions to improve tho ovcrnll conditions and maMgement of the property. NOTICE: Time is Running Out--You must TAKE. ACTION NOW in order to meetall the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Section B-Required Documents Submit tbe following documen1s wilb the Mitigation Plan for approval: LLJ]. Crime Free Housing Program Training Ccrtlfkate (if complct~d, if not completed, please include [l]l2. scheduled date .in Section C. Copy ofJ...ease including Minnesota Crime Frco Housing uase Addendum 03. Submit written rejJQrt by lO'h of each month (after li~ense upproval). Section C-Crime Free Housing Program Re.quirements 6tlel 1. Usc written lease including Crime free Housing 4lase Addendum. [Lj2. Conduct crimina I background check for all prospective tenants. Provide d01:umentation to City if CZJ3. requested. Pursue the eviction of tenants who violate the tcnns of the lease or ;my addendums. Pagel Type IV Mitigation Plan Rev 11·16·11 (2]4. Attend City approved eight hour Crime Free Housing course. Date Course Complete<!: CW18.'2014 or Date Course Scheduled: .Pila~n [ZJ Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: ~Hl P'Q!Y-e Improvements to be completed by; 05/11/2012 Pllllseill c:zJ I will attend a minimum of SO% ofthe ARlvl meetings (two). I willaUend the ARM meetings scheduled for: Oli1Z & !1114 Do these two meeting dates o'ccur before the "'Pending Type IV License expiration date? 1.1] Yes 0 No (•See Section A) If no, you will only be abletc(jUlllity for a Type IV lle11tal Uccnse upon renewal. ~ I will have no repeat code violations previously documented within the past year. For properties wfth four or more units: ClJ l will conduct resident training annually that includes crimo prevention te~!Jniques. m I will hold regular resident meetings. $ootimi :D .:.;.,.t;o~Term Capital lmp'rovcmenfs Plan· ... · ·. · .. ....... ..... . .. ·. ··.' ' ': ••• ~ • .:.: >': . · .• .': ·.; •. :·~-; ... 1.' ~· :: Based on oondition and age, estimak.d !<!placement dates aro provided for common capital items. Funding sbould be C(lnsidered accordingly. However, items brokeiJ, worn or otherwise in violation prior to tho es:!irnated replacement dale will require l)arlier corrections. Date Last Replaced Estimated Replacement Date Fumace/AC-Boiler t>;>ll!lflastservlcM2014 :2024 Water Heater-!IPJlfQ~1~ 2il20 Kitcben Appliances-V<lnous new 2014 as nead~d but b~ 2024 Laundzy Appliances-leased re5:laced as ~ed Exterior stucco~ repolr a$ t>ee<lod but ff b l>!lnnailOnl -Paint/Siding, fascia, trim parllal painfed 2014 ras.:ia2019 -Windows 2014 20~ -Roof 2012 2022 -Fence n'a no!ante -Shed ~H ••lltpa0',\2015 -Garage noger~ge' nogareg~ -Driveway lilpalrad 2014 20~4 -Sidewalks repalred 2()14 202~ Smoke Alarms & Carbon Monoxide Alarms 2013 2023 other(&) will make mpalrs •• needed .Section:E·""' Steps to Improv~ Mana2:ement and Conditioruro.fProperty., ·:: .:· :.;): : ~·.::: ·/' ,':-··.· .. ; :_; Implementing the following best practices may assist in the management of your property. ry hrking the boxes btlaw, yOil agree to: 1. Check in with tenants evelj' 30 days . . [ZJ2. Drive by property to .check for viollltions twice a month. P~;~ge2 Type IV Mitigation Plan Rev 11·16-ll Evict tenants in violation of the lease and alladdendums. Provide lawn/snow service. Provide garbage Service, Install security system. u::h 04. Ws. lbd6. 07. Provide maintenance service plan for appliances. Name of service co.:. _________ _ [ZJ]s. I am and will remuin current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 109. Other(s}: P!easc read thoroughly: If the Type IV Rental License is approved by the City Councjl,. the License~ must comply with the approved Mitigation Plan and all applicable city codes. No later than the l 01h of e.ach calendar month, the licensee must submit to the Building and Community Standards Department a written report.describing all sttlps taken to comply with the Mitigation Plan. I yerlzy that all information provided above is true and accurate. I understand that ifl do not comply with an approved Mitig~tion Plan, comply with all applicable ordirumc.es within the license period, or operate beyond the lkense expiration da1c; enforcement actions such as citations, formal complaint or license review may result. Additional Owner or Agent Name and Tide (l/ applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date For ~ity IJSA:-:O.Iitigalioll Pltm Appro\'cd fly: ~itlfotQ e_p Type IV Mitigation Plan Rev 11·16-11 City Council Agenda Item No. lOa #2 COUNCIL ITEM MEMORANDUM DATE: March 23,2015 TO: Curt Boganey, City Manager Sharon Knutson, City Clerk ~ ~ FROM: SUBJECT: Type IV 6-Month Provisional Rental License for 5842 Washburn Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5842 Washburn Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on twenty one (21) propetiy code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents 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 ofthe 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: 12-19-2014 01-02-2015 02-10-2015 02-18-2015 The Owner, Daniel Pryde, applied for renewal of the rental dwelling license for 5842 Washbum Ave N, a single family dwelling. An initial rental license inspection was conducted. 21 property code violations were cited, see attached rental criteria. A second rental inspection was conducted and passed. City records indicate zero validated police nuisance incidents occuned in the past twelve months. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 02-18-2015 03-05-2015 03-10-2015 03-16-2015 COUNCIL ITEM MEMORANDUM A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held March 23,2015. If approved, after six months, a new rental license is required. The license process will begin within four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental prope1iies 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 Phm. 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 prope1iy Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or prope1iy 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public tmst COUNCIL ITEM MEMORANDUM 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 occuning over a year. License categories are perfmmance based and more accurately depict the condition of the propetiy 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 propetiy 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 peliod 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. Propetiy 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. Propetiy code violations for purposes of determining licensing categories shall include violations ofpropetiy code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 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 Only) Type I-3 Year 1-2 units 0-1 3+units Q.;0.75 Type II-2 Year 1-2 units Greater than 1 but not more than 4 3+ units .. ·. Greater than 0.75 butnotniore than 1.5 Type III -1 Year 1-2 units Greater than 4 but not more than 8 3+1lnits·•. Greater than ·1. 5 out not more than 3 Type IV -6 Months 1-2 units Greater than 8 3+units Greater than 3 ' . b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglmy, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota-Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0;25 ·' . ... 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category JAunits Greater than 0.25 but n:ot more than 1 Mission: Ensuring mz attractive, clean, safe, inclusive commzmity that enhances the quality of life for all people and preserves tlze 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 3-Aimits . ·. /0 . . Greater .than [L: . f·· . :· . - 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment . -Mitigation Plan Mission: Ensuring an attmctive, clean, safe, inclusive community that enhances the quality of life for all people aml preserves the public trust c .•... . ·c..: :c City of Brooklyn Center ~301 Shlngl~ Cl'eel< Parkway Brooklyn C:onter, MN 5.5430-1199 Phone: 71;>3-559-33:00 TTY 711 Fa><: '163-569-3360 WIVW.<icycfbrooklvn<enrcr.org Rental License 1\>fitigatton Plan-Type IV Rental License Hattdwtlttelt pklti51 will not be accepted. Please type or usc fll/J.rble fontt 011 ozy websltt!. Based on property conditions and!onlllidsU:d poll co nuisance incidents, tho ~bove referenced property qua Ufics for a Typ~ IV Rental License. Bcforo your liceru;e application ctlfl be: co-nsidered by tho City Council, 11 MitijiAtion Plan must be CQmpletcd and reviewed by City steff. A fully completed Mitigation Plan znu~ be submitted inlmtdiately to CllJ!uro lim ely completion of tbc liccns;o application process. The Mitigation Plan should indicate the steps being Ulken 10 cottect identified vio!atio!l!.l and lhe m~s that will be taken to en!alre on!!oing r:oruptlancG with City Ordinances and applicable Cod=. The Mitigation Plan provides an opportunity to r~view property concerns lltld identify possible solution~ to improve the overall tlonditlons nod man~gement of the property. NOTICE: Time Is Run.n!ng Out·· You must T A'KE ActiON NOW in order to meet aU the city ordinance and Mitigation l>lan ttqulrement9 within thu "'Pending license period and avoid legal actions. Section · B-ReqUired,Doco.ment~J · Snbmlt the following docu1nents with tbe Mitl~aHon Plan tor approvlll: LLJt. Crime Free Hou.sing Program Tmtning Certificate (if compl~tW. if not complcttd, pl~ include sch~dulcd date in Section C. ~2. Copy ofL;:aso including Minnesota Crime llrco Housing Lcaaet Addmdum 3 • Submtt written Jepon by 1 ot~o of each month (after license approval), . Seition C~ Crt.be Free Jlous.lnj.l'iro~an·lteqlif.reinonts ., ~el l. U$C written lease Including Crime Free HoU&ing Le-ase Addendum. l2J2. Conduct erimlru~l bMkground oheck for all prospective tenants. Provide documentation to City If II13. requested. l>unrue the eviction of tenants whn violate the terms ofthe I~ or lillY a.ddendun1s. Pagel Type IV Mitigation Plan Rev 11·16·11 CZJ4· Attend City approved eight hour Crime F~ting course, Date Courne Complete-d: 1:J {21f13 y4t Qr Dat.c Course Sctu;duled: Phuell CZJ Compl~iC ~curlty AsGt~iment Ill)<;! itnpletnent all E«urity hnprovcments rc.c<lmmended by tho Brooklyn <Miter Police Department, @: Datil Scheduled: Ma~h.17, 2015 lmprovem¢111$ to be completed by: 60 De\. "j_ S EZ:Jll l will attend 11 minimum of 50% of the ARM meetings (two). l win attend the ARM mcctingB r;chcdutod for: Marcn•2. :QO•~ & ~{~,201!i Do these two meeting datc8 occur before the • Pe~~ditlg T)'pC IV license c:xpiration date? !jjycs 0 No (•See&u;lionA) Itno,y(}u w1ll only beablo tnquaUtyfor a Type JV Rental u~eose npoa renewal ezd I will hav¢ no repeat ()Ode vlo Jatlon~ previolli:lly documer:~tJ:d within the past year. For properlla H•tlhfouf' or~nore l'tllfts: c:J 1 will conduct resident training annually that includes crime prevention te(:imiques, CJ I willl>old n:!;!tllar teddent m""'ohgs. 'Section D .... Lbn~ Tum C~pitallmpm\remenm Plan . .• ~Mtd (lrt conditi!)n ~d age, <!&time.ted replacement dates ar¢ provided ror common capl\lll ltem!J.. funding should b¢ wnsidcted accotdlngly. ·However, items broken, worn or otherwise in violation prior to the estlmated replaeetnenr date will reQuire earlier eorrectlons. Date Last Replaced II EsdniMed rv Rep!acetnCllt Dare Furoae¢1AC-_, J .h"'t \L\ t'\::.. 2020 Wa,ltt Heater-2012 2il.:Ji) Kitchen APnti:mces-'IIJrhl.lVf.' 202() Laun_liry Apptiilnc..-s-~ UI"L\tfYt:, 202~ Eltterlor -PaintJSidlng, faseia, lrlm 2GU 2011 ~Wind oWl: 20\2 Zll3o -Roof 2()13 ,, :2035 -Fence ~ lH'\ c.urt nra -Shed ? 1 lh\L.Wf? . hiU ·OBrllgc ? lU'I\flrt "'" ·Driv..m-ay: ? _iAf\.\ IJJt -2020 ·Sid¢'1'o'alks 1 \AJ'l\IA:Vi ~ 2030 Smoke Almm & Carbon Mono:dd¢ Alatms 2012,_:ro15 2022 Oth._e.r:{s) S~ectlon ·E .... :stens. to lint> rove Miinag:ement •nd Conditions of Prooem· . · . Jlnplemonr.I:Jlg the rollowing best practices m!ly B.nist in the II1IIIIRSmicilt of )'OUr property. i::ZIC.llllg t~ bo~es bdow, you ugret: to: 1. Cbe¢k in wiib.tenanl.!! every 30 days. . m 2. Drlvo by property lu cb~;~;k for viol~tions twice a month. Type JV Mitigation Plan R!:V 11-16-11 I:ZJ3, §4. S. 6. [ZJ7. [Z]s. lM~;t b;nants in violation ofth¢ (ea.s¢ and ell addendums. Pwvide la......W~now llerviee.. Provide garbage setvi~e. Instslt&ecuritysystem. S · • PJ l'rovidc maint¢nanre service plB.n f'L)T applian~. NI!Ille of serVice co.: ervlce us 1 tm1 nnd wiO remain ctll"mlt Oll p11yment of utility f~e!l. tu:es, a.&$essments, fines, pen allies and o!her financmt clai!lliJ due to the City. · lc::J 9. Othefis): Ple:~~se read t!loroughly: lftha Type fV Rental Lic~e is approved by tll¢ City Council, the Li=ee must comply with the approved Mitigation Plm11nd aU applicable city codes. No later thm tM 1 oo~~ of ~cb cal~ montll, the Ucenstt must submit to the Building: and Community Standardli Dcpllrtnlent a written report describing 1111 St¢1iS mkcn to comply with the MitigBtion Plan. I verifY mat ill infottnatlon provided above is true and ~~;~;I,J.rlllc, I undcrstand that ifl do not comply with an approved Mitigation PJan, cotnp!y with all applicable ordillJllle<:S. within the Iillcnsc period, or npc:ruto beyond the license e~t~irotion dAte; enforcement actioiU such as citations, fonnal complaint or license rcvlew may result. Daniel Pryde, Owner 2-26-2015 Additional Owllel' or Agent Name and Title (if applicabJ~) {Please Print) JM$tJL>·-- oJite' ~fr!s= Page3 Typ~ tv Mitigation Plan !tow ll•l.li·ll City Council Agenda Item No. lOa #3 COUNCIL ITEM MEMORANDUM DATE: March 23, 2015 TO: Curt Boganey, City Manager Sharon Knutson, City Clerk ~ ~ FROM: SUBJECT: Type IV 6-Month Provisional Rental License for 7033 Unity Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 7033 Unity Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on July 30, 2014, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type III Rental License based on eight (8) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings, tum in monthly updates, and failed to complete security improvements. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Propetiy to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staffto meet the license requirements and the property is cum:;ntly in compliance with the ordinance. This rental license, if approved, will have expired. Therefore, the subsequent rental license application process is already underway. Mission: Ensuring m1 attractive, clean, safe, inclusive community that enhances the quality of life for all people aml preserves tlte public trust COUNCIL ITEM MEMORANDUM The following is a brief history of the license process actions. Current rental license approval activities: 08-18-2014 The owner, Matthew Vetter, applied for renewal of the rental dwelling license for 7033 Unity Ave N, a single family dwelling. 08-31-2014 The previous Type IV Rental License expired. 09-05-2014 An initial rental license inspection was conducted._Eight property code violations were cited, see attached rental criteria. 09-05-2014 The property was posted as unlicensed. 1 0-06-2014 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 10-07-2014 A third inspection was conducted and passed. The posting was removed. 10-20-2014 A $300 Administrative Citation was issued for renting without a license. A $100 reinspection fee still owed. 10-28-2014 A $600 Administrative Citation was issued for renting without a license. A $100 reinspection fee still owed. 11-20-2014 A $1,200 Administrative Citation was issued for renting without a license. A $1 00 reinspection fee still owed. 12-04-2014 A $2,000 Administrative Citation was issued for renting without a license. A 12-08-2014 12-22-2014 01-07-2015 $1 00 reinspection fee still owed. The $1 00 reinspection fee was paid. The $2,000 Citation was dismissed. City records indicate zero validated police nuisance incidents occuned in the past twelve months. 01-07-2015 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. 02-18-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and IIr"of 02-27-2015 03-03-2015 03-16-2015 Crime Free Housing Program, etc. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held March 23, 2015. Prior Type IV Rental License approval activities: 11-12-2013 The Owner, Matthew John Vetter, applied for renewal of the rental dwelling license for 7033 Unity Ave N, a single family dwelling. 12-05-2013 An initial rental inspection was not conducted. No one present for inspection. 12-19-2013 A second rental inspection was conducted and failed. 16 prope1iy code violations were cited, see attached rental criteria. 02-10-2014 A third inspection was conducted and passed. A $1 00 reinspection fee was charged 02-24-2014 A Fourth rental inspection was conducted and passed. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people am/ preserves the public trust 02-26-2014 02-28-2014 03-03-2014 06-04-2014 06-16-2014 07-01-2014 07-17-2014 COUNCIL ITEM MEMORANDUM Reinspection fee was paid. The previous rental license expired. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. subm:it mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held July 28, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the prope1iy 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 prope1iies 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 prope1iy 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 Mission: Ensuring an attractive, clean, safe, inclusive community tltat enhances tlte quality of life for all people and preserves tlte public trust COUNCIL ITEM MEMORANDUM approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. 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 occmTing 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. Prope1iy code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 Mission: Ensuring mt attractive, clean, safe, inclusive comJmmity that enhances the quality of life for all people and preserves the public tmst COUNCIL ITEM MEMORANDUM and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I-3 Year 1-2 units 0-1 3+ units 0~0.75 c: .·· Type II-2 Year 1-2 units Greater than 1 but not more than 4 3+'1mits·.··· Greatel'thari 0.75 but not more than1.5 Type III -1 Year 1-2 units Greater than 4 but not more than 8 J+::l:mits ..• i._ .. Greater. than L5 but not.morethan3 . Type IV -6 Months 1-2 units Greater than 8 · .. · ·.· . Greater thart3 < · · ..··•···· 3+umts •..•.•.. ·· ... · ·. •.: .. · b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B. 01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.Ol, Subd. 2 (a). Mission: Ensuring mt attractive, clean, safe, inclusive commu11ity that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-Aunits ·. . c.c 0.;0;25 ·. . ... ' . ····~· ·. ·. ·. 5 or more units 0-0.3.5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units · ••· .~ .. Greaterthall. 0.25 ··but notmore thanJ·· 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Categories ·3-4 milts 5 or more units Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment -Mitigation Plan Greater than 3 Greater than 1-. · .. ·.·· ... · Greater than 0.50 -Resolution Approving a Type IV Rental License for 7033 Unity Ave N Mission: Ensuring m1 attractive, clean, safe, inclusive community that enhances the quality of life for all people all{/ preserves tlze public tmst . ,-,~·< •. _···· . - Member moved its adoption: RESOLUTION NO. introduced the following resolution and ------- RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 7033 UNITYAVEN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 7033 Unity Ave N, was issued a Type IV Rental License on July 30, 2014; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 7033 Unity Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings, complete security improvements, tum in monthly updates, and/or other requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 7033 Unity Ave N, Brooklyn Center, MN. March 23 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 of Brooklyn Center 6301 Shin~le Creek Parkway Brooklyn Center, MN 55430·2199 Phone: 763-569·3300 flY 711 Fox: 763·51S9-3360 www.citycjbrooklyncetlter.org Rental License Mitigation Plnn-Type IV Rental License llan!lwrifiell pkms wll111ot be accepted. Please type. or use fill able form 011 City websiti!.. Unsed on pro perf)' conditions and/or vo~tidated police nuisance incident;, tbe above referenc~d property qualifie~ for a Typ~ IV Rental License. Before your license ~pplicaticin can be considered by the Ci!y Council, a Mitigation Plnn mu~t be completed and reviewed by City staff. A fully completed Mitigation !'lan must be subrnltted immediately to ensure timely compMion of the: license application process. Tile Mitigation Plall should indicate the steps being taken t\l corr~ct identHicd violations and the measures that will be wken to ensure ongoing compliance with City Ordiminces and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns t111d identifY possible solutions to improve th~ overall conditions and manage1i1ent oft he property. NOTICE: Time is Running Out·~ You must TAI<,E AC1'ION NOW in order to meet all tho citY ordimince · and Mltigation Plan requirements within this *p.::tlding licknse period and avoid legal actions. CLlt. W2. 03. 03. P~gel Crime F.rc~ Housing Progmm Training Certificate {if compl~ted, if not completed, plea.~e inchtdo scheduled date in Section C, · · C\lpy of Llase including Minnesota Crime Free Housil)g Lease Addendum Submit written report by l 01h of cacl1 month (artcr llce.use approval). Usc written lease including Crime Free Holl$ilig Lease Addendum, Conduct criminal backgrQund cheek for all prospective teriants. Provide doci.lmentatiotl to City if requested. l'ursue the eviction of tenants wl10 violate the terms of the lease or any addendum$. iyp~ lV Mitigatir>n Plan Rev 11·16-11 course. or Date Course Scheduled: ------ II Complete s~utity Assessment and ~mp!ement all security improvements recomrl\ended by the Brooklyn Center Polic6 De~~&rtment.r,;r Jlld'-"jl'l. 'l-01'-f~ YY\~\.,\t[;j~"l'3, Oak Scheduled:~ f:ll'-~ Improvements to becomplcre<l by; _x ______ _ I will attend a minimum 6f50% of the ARJ..f meetings (two). I wi11 attend the ARNl rne<Jtings scheduled for; lli.roh 122n1s & ..:"'.::P:.:ct1c;,CI;;;;2J):.:c16=-------.--+--P~' Do th~c two meeting dates ~cur befor~> the" Pending Type IV License expiration date'! 0 Yes (*See Sectio11A) If no, you will only be able to qualify for a 'l)'J)t-IV Rental Lkense upon cz:J I will have 110 re:pe.at code violations previously dOcumente~ within lhe past year, For properiles with four or mqre unils: c:J I will conduct resident traini11g anmu!lly that includes crime prevention techniques. U I wlll!lOld regul!U' resident rne<Jtings. -Paint/Siding, fascia, trim·--~~------Wmdows. _________________________ __ ~Roof. ____________________________ __ -Fence, _______________ _ ·Shed, ____ ~--~----- ·Garn~---------------------------Driveway _____________________ __ -Sidewalks may f' cl rki~g the boxes he/ow, you agrelito: I. Check in with tenants evezy 30 days. W 2. Drive by property to check for violations twice a month. Page2 Type IV Mitigation Pian Rev 11·16-ll ClJ3. 8 4. Evict tenants in violation of the lease and all addcndunis. Provide lawn/snow servlco. Provide garbage service. InstaU security system. 5. lb:J 6. 07. Provide maintenanco service plan for appliances. Name of seiVice c-o,: ________ _ 0s. I am and will remain current on payment of utility fee-s, ta.~:es, assessments, fines, penalties and other fmancial claims due to the City, lD 9, Othet{s): Please read thoroughly: If the Type lV Rental License is approved by the City Counci~ the Licenoee must comply with tho approved Mitigation Plan and all applicable city codos, No Jatar than the t Oili of e<~ch calendar month, the licensee must submltto the Building and Community Standards Department a v.Titten report dCS<;ribing all steps taken to comply with the Mitigation Plan. I vorify that all information provide<! above is true and il.CCUtate. I understand that ifi do not comply with an approved Mitigation Plan, comply wilh all applicable ordinances within th\lliOellSi) period, or operate beyond the license expiration date; enforcemrmt actions such as citations, formal complaint or license review may result. Own~ Qf Agent Name and Title (Pleas~ l'rint) '------. ) ~------------" - 2-25~15 Date M AND N PROPERTIES -Nrc..tc:.. YAAI}ry Additional Owner or Agent Name and Title (if npplicable) (Plerue Prirtt) Additionu.l Owner or Agent S1gnature (if applicable) Pate Police Department I Title _:;:; /3/c;;?J;..s ~ Date' ' !'or City lisc-·M~tigulion rtoo Approved Oy; x"~ et:s a-/a-c)/s- Dato' Page3 lype IV Miti~lion Pfan Rev 11-16-11 EDAAgenda Work Session Agenda AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION March 23, 2015 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00P.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 PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. E-Cigarettes in Public Places 2. Sister City Voinjama Visit Update 3. Paperless Packets Report 4. Strategic Plan Review