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Home My WebLink About2015 04-27 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION April 27, 2015 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center April 27, 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.April 8, 2015 - - Joint Session with Commissions 2.April l3,2015 - Study Session 3.April 13, 2015 - Regular Session 4.April l3,2015 - Work Session 5. April 20, 2015 - Board of Appeal and Equalization b. Licenses C. Resolution Accepting Quotation and Awarding a Contract for 2015 Diseased Tree Removal and Tree Maintenance Program d.Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2015-01, 02, 03 and 04, Freeway Park Area Street and Utility Improvements e.Resolution Amending the Joint Powers Agreements for the Creation of the Shingle Creek and West Mississippi Watershed Management Commissions and Ratifying the Acts Thereof CITY COUNCIL AGENDA -2- April 27, 2015 7. Presentations/lProclamations/RecognitionslDonatioñs a.Brooklyn Center University Leadership Academy Graduation Requested Council Action: —Mayor present certificates of graduation. b.Proclamation Declaring May 17-23, 2015, Public Works Week in the City of Brooklyn Center Requested Council Action: —Motion to adopt proclamation. 8. Public Hearings a. An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to the Sale of Tobacco Related Products —This item was first read on March 23, 2015; published in the official newspaper on April 2, 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. 9.Planning Commission Items —None. 10.Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.5200 63rd Avenue North 2.6319 Brooklyn Boulevard 3. Resolution Approving a Type IV Rental License for 5245-47 Drew 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. b. Resolution Adopting the 2016 Strategic Priorities and the 2016-2018 Strategic Plan Requested Council Action: —Motion to adopt resolution. 11.Council Report 12.Adjournment City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA RECEPTION AND JOINT WORK SESSION WITH CITY COMMISSIONS APRIL 8, 2015 COMMUNITY CENTER - CONSTITUTION HALL RECEPTION A reception and general conversation period was held in Constitution Hall from 6:00 p.m. until 6:10 p.m. CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Charter, Housing, Financial, Park and Recreation, and Planning Commissions and was called to order by Mayor Tim Willson at 6:10 p.m. INTRODUCTIONS Mayor Willson welcomed the commissioners and stated appreciation for staff and commissioners. City Manager Curt Boganey welcomed all those in attendance. He stated he appreciated all their work and guidance. He explained he needed to be excused from the meeting early so Assistant City Manager Vickie Schleuning would assist with the meeting. IN ATTENDANCE Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. City Staff present were City Manager Curt Boganey, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, Fire Chief Lee Gatlin, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, and Finance Director Nate Reinhardt. Commissioners present were Charter Commissioner Mark Goodell (also Housing); Housing Commissioners Dave Johnson and Kathie Amdahl; Planning Commissioners Randall Christensen and Rochelle Sweeney; Financial Commissioners Dean Van Der Werf, Steve Landis, Rex Newman, Jim Schulz, Teneshia Kragness, Dan Schueller, and Anna Burke; and Park and Recreation Commissioners Jerry Witalka, John Russell, Jill Dalton, Tom Shinnick, and Bud Sorenson. 04/08/15 -1- DRAFT PRESENTATIONS BY CITY COMMISSIONS Charter Commission; Charter Commission Chair Mark Goodell explained the Home Rule City and Charter requirements. He also provided an overview of the Commission. In 2014, the Commission recommended some changes to the election guidelines to be consistent with State Law. They also made changes to the charter for hiring of the Fire Chief. These changes go into effect July 1, 2015. The Commission will be considering changes to Write-In requirements for elections this year. Financial Commission: Finance Commission Chair Rex Newman provided an overview of the Commission activities. The primary goal is to work on the budget. The Commission worked with Nate Reinhardt, the new staff liasian. The Commission reviewed the Golf Course's financial condition and will review the condition again this year to determine if any changes are needed. A few comments were made about the NW Suburbs Cable Commission. Time Warner and Comcast are looking at merging. A ten-year renewal agreement was signed with Comcast. Century Link is looking to join the market. Housing Commission: Housing Commission Chair Dave Johnson provided a PowerPoint overview of the Housing Commission activities. He recognized the members, liaisons, and passing of long-time commissioner Peggy Lynn. Updates were provided about the New Neighbor Welcome Program, review of porch setback regulations, and rental recognition program. Future activities include review of community cleanup, senior housing, rental recognition, and continued neighbor welcome program. In addition to enforcement activities, it is important to recognize those rental properties that make a positive contribution. Park and Recreation Commission: Park and Recreation Commission Chair Bud Sorenson provided a PowerPoint overview of Park and Recreation Commission activities. The Commission participated in several activities including reviewing capital improvements, park tours in conjunction with neighborhood meetings, and continued community garden promotion. The Commission worked with Public Works for new recycling containers in some of the parks, with more planned in 2015. Signs are being changed out in the parks to instruct no tobacco use when youth are present, and use of fields are under review to determine best use, such as conversion of softball to soccer. Construction of a new amphitheater will begin soon, with the groundbreaking ceremony held April 7, 2105. Planning Commission: Planning Commission Chair Randy Christensen provided a PowerPoint overview of the Commission activities. The Commission is looking for additional members in order to make sure there is a quorum for meetings. Several projects were reviewed in 2014 including 16 land use applications. Shingle Creek Crossing development is well under construction, along with additional Luther Auto dealerships and construction of a new water treatment plant. A map with past, current, and potential development and projects was distributed. After the Commission reports, the floor was opened for comments. Some commissioners stated they would like updates about other commissions throughout the year. Several expressed they liked receiving the email notifications for business grand opening/ribbon cutting events. 04/08/15 -2- DRAFT Comments were suggested to have all the commission minutes available for public viewing. It was indicated that only approved minutes are posted to the website to avoid miscommunications. All commission minutes can be found under the Laserfiche system linked through the website. Commissioners may also sign up for meeting notifications through Be Notified on the website. Meeting notification and agendas are typically sent out three days prior to the meetings by text or email. Councilmember Ryan referenced a positive article about the Amphitheater in the Star Tribune. Chief Benner mentioned the Police Awards Ceremony on April 21, 2015 at 7 pm. Chief Gatlin stated the Fire Department Open House is September 13, 2015, and the Pancake Breakfast is Sunday at 6 am at the East Fire Station and it is free. Assistant City Manager Vickie Schleuning asked for any additional feedback about how staff or policies could be more helpful to the commissions. The Housing Commission asked if anyone was interested in helping deliver bags for the New Neighbor Program. Vickie stated a survey would be sent to Commissioners to obtain additional feedback about the meeting. She expressed thanks for all the work of the Commissions, Council, and staff. The Mayor presented Certificates of Perfect Attendance to commissioners who attended all their Commission meetings in 2014. Recipients included Charter - Mark Goodell, Myrna Kragness Kauth, Robert Marvin; Park and Recreation - Travis Bonovsky, Jerry Witalka; and Planning - Stephen Schonning, Rochelle Sweeney. For those commissioners who were not able to attend, the certificates were given to the Commission Chairs for distribution. Mayor Willson thanked everyone for their dedication and attendance. ADJOURNMENT The meeting was adjourned by Mayor Willson at 7:15 p.m. 04/08/15 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION APRIL 13, 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 Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember April Graves was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Brittney Berndt, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested discussion on Item 7c, Resolution Expressing Appreciation for the Donation of the Minneapolis Northwest Convention and Visitors Bureau in Support of the 2015 Earle Brown Days Celebration, inquiring in particular if there was any need for an alternate member for that committee. Mayor Willson, who serves as the primary Council Member on the committee, declined to have an alternate placed at this time. MISCELLANEOUS —None DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS STRATEGIC PLAN REVIEW City Manager Curt Boganey explained that Facilitator Craig Rapp provided a report which serves as an overview of the goals and targets that the Council made while at the retreat. Mr. Boganey stated that if the Council did not request any changes of the target, goals or next steps, then Staff will draft a formal recommendation to bring before the Council for formalized adoption. Mr. Boganey explained that most of the goals were established at the Council's retreat, the fine-tuning of some of those broad concepts took place in a meeting between key Staff. One of the major sections that was finalized within the meeting were targets around Economic Stability. The City plans to collaboratively work with business and education to help residents improve their knowledge and skills. 04/13/15 4- DRAFT He stated that the City's goals are to increase the start-up companies within the City, which would also provide the residents with more employment opportunities. The City's goals are to match or exceed Hennepin County's wage and business percentages. Mr. Boganey went on to explain that these are going to be the City's goals for the next three years and that Staff tried to match the spirit of the Council when it came finalizing the plan. Councilmember Myszkowski expressed her appreciation to the Staff for their time and efforts spent on finalizing the plan but inquired on how some of the specific goals were developed. Mr. Boganey stated that much of the research to develop the benchmarks has not been completed for this project but in the upcoming months, he is hoping to have the benchmarks fully developed. Once the benchmarks are developed, it will be easier to track the change made within the three years. Councilmember Ryan concurred with Councilmember Myszkowski regarding the Staff's efforts within this project and added that he thought the timing of presenting this project to the Council was perfect because of what was included in the agenda. Councilmember Lawrence-Anderson also concurred with both Councilmembers Ryan and Myszkowski and added that she felt the spirit of the retreat was seen within the project. Mayor Willson questioned why the number of new jobs created was a whole number rather than a percentage like most of the other targets. Mr. Boganey explained that the Staff felt a whole number would be easier to calculate. He went on to add that there could be a possibility after the research was completed that the percentage might better capture what the City is looking for and if that is the case, it would be a change in the report. Mayor Willson inquired what resources would the data be collected. Mr. Boganey explained that a number of resources would be used including information from colleges, employers and general data collected from the State and Federal Government. Mr. Boganey also explained that most of the targets will not be broken down into sub-groups. He also went on to add that for the post-secondary graduation rates Brooklyn Center's residents average is lower than the State's and Hennepin County's averages. Mayor Willson also expressed his interest in seeing the final results on the target involving the realtors, explaining he is unsure how the City can make this happen. Within that same target he also expressed the concern he has of a target of two applicants per Commission position. He cited that it is hard in some instances to receive one qualified individual that wants to serve the public and he wanted to make it clear that these were targets not rules. Mr. Boganey concurred that the goals set for the City were not in any way limiting how the Council appoints Commissioners rather setting a target goal to get more residents involved within the community. Both Mr. Boganey and Mayor Willson expressed the need to have fluid targets rather than rules and if changes need to happen once the research has been completed, then the Staff has a right to request an amendment. 04/13/15 -2- DRAFT Mayor Willson requested information regarding the livable wage within Brooklyn Center and inquired what guidelines were used when making that determination. Mr. Boganey stated he will gather that information and send it to the Councilmembers and Mayor. It was the majority consensus of the City Council to bring the three-year plan back to the City Council for final approval and adoption. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Study Session at 6:35 p.m. Motion passed unanimously. 04/13/15 -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 APRIL 13, 2015 CITY HALL - COUNCIL CHAMBERS 1.INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember April Graves 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, Police Chief Kevin Benner, City Attorney Troy Gilchrist and. Brittney Berndt, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Stephen Cooper, 6632 West River Road, Brooklyn Center, expressed his concerns regarding the new plan for Highway 252 and pointed out that he felt there was enough space to add more safety features such as a stop light in order to prevent accidents. Steve Schendel, 7242 Willow Lane North, Brooklyn Center, expressed his concerns regarding vehicles traveling over the posted speed limits and how easily accidents happen on Highway 252. He pointed out the two fatal accidents that have taken place over the last year because of speed and the lack of safety features. He suggested a flashing light to warn drivers of the stop light ahead in order to help some of the issues. Allan Olson, 7124 Willow Lane North, Brooklyn Center, concurred with the residents who spoke before him regarding his concerns for safety. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:56 Motion passed unanimously. 2.INVOCATION 04/13/15 -1- DRAFT Councilmember Lawrence-Anderson requested a moment of silence and personal reflection as the Invocation reflecting on the memory of Barway Collins, as she hoped he has found peace. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:01 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember April Graves 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, Police Chief Kevin Benner, City Attorney Troy Gilchrist and Brittney Berndt, TimeSaver 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 Ryan seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.March 23, 2015 - Study Session 2. March 23, 2015 - Regular Session 6b. LICENSES MECHANICAL Affordable Comfort Mechanical All Appliance Installation Plus Assured Heating A/C Ref Inc B & D Plumbing, Ht & A/C Blue Ox Heating & Air LLC Bonfe's Plumbing Heating & Air Center Point Energy Corporate Mechanical Crosstown Mechanical Inc. Dean's Professional Plumbing Inc. Do Pham Inc. Fireside Hearth & Home Flare Heating and Air Cond. 6510 Highway 36 Boulevard North, Oakdale P.O Box 166, Cambridge 13571 Balsam Lane North, Dayton 4145 MacKenzie Court, St. Michael 5720 International Parkway, New Hope 505 Randolph Avenue, St. Paul 9320 Evergreen Boulevard, Coon Rapids 5114 Hillsboro Avenue North, New Hope 3115 Long Lake Road, Roseville 7400 Kirkwood Court North, Maple Grove 124 th Circle Northeast, Blame 2700 Fairview Avenue North, Roseville 9303 Plymouth Avenue N., Golden Valley 04/13/15 -2- DRAFT Gannon Heating and Air LLC Golden Valley Heating Go Fetsch Mechanical LLC Harris Companies Home Energy Center Horwitz Inc Kraft Mechanical LLC J-Bred Mechanical Maj or Mechanical Inc McDowall Company Metro Air, Inc Metropolitan Mechanical Contractors Inc Minnesota Petroleum Service Modern Heating & A/C Northern Heating & A/C Inc Pronto Heating & A/C Quality Refrigeration Ridler Heating & Cooling Dba Uptown Heating Riccar Heating & A/C Ron's Mechanical Sabre Plumbing, Heating & A/C St. Cloud Refrigeration Dba SCR, Inc Schadegg Mechanical, Inc Sedgwick Htg & A/C Solid Refrigeration LLC Standard Heating & A/C The Fireplace Guys Wenxel Heating & A/C Yale Mechanical RENTAL INITIAL (TYPE III— one-year license) 6116 Aldrich Avenue North Passed w/ Weather Deferral 346 Cleveland Avenue SW, New Brighton 5182 West Broadway, Crystal 9111 Davenport Street Northeast, Blame 909 Montreal Circle, St. Paul 2415 Annapolis Lane North, Plymouth 4401 Quebec Avenue North, New Hope 2441 Ventura Drive, Woodbury 3308 Southway Drive, St. Cloud 11201 86th Avenue North, Maple Grove P.O Box 606, Waite Park 16980 Welcome Avenue SE, Prior Lake 7450 Flying Cloud Drive, Eden Prairie 682 39th Avenue Northeast, Minneapolis 2318 First Street Northeast, Minneapolis 9431 Alpine Drive Northwest, Ramsey 7588 Washington Avenue S., Eden Prairie 6237 Penn Avenue South, Richfield 3110 Washington Avenue, Minneapolis 2387 Station Parkway Northwest, Andover 2026 Colburn Drive, Shakopee 15535 Medina Road, Plymouth 604 Lincoln Avenue Northeast, St. Cloud 225 Bridgepoint Drive, South St. Paul 1408 Northland Drive, Mendota Heights 1125 American Boulevard E., Bloomington 130 Plymouth Avenue North, Minneapolis 680 Hale Avenue, Oakdale 4145 Old Sibley Memorial Highway, Eagan 220 West 818t Street, Bloomington Marc Silverstein INITIAL (TYPE II— two-year license) 445058 th Avenue North, Basswood Apts Greg Ertz 200655 th Avenue North Mathias Bingaman 5540 Morgan Avenue North Passed w/ Weather Deferral 5506 Oliver Avenue North 5400 Sailor Lane RENEWAL (TYPE III— one-year license) James Arkins John Hennen Infinite Property, LLC 04/13/15 -3- DRAFT 6740 Grimes Place, Victoria Townhomes 6000 Beard Avenue North Passed w/ Weather Deferral 6234 Brooklyn Boulevard 5419 Humboldt Avenue North Passed w/ Weather Deferral 3000 Quarles Road Passed w/ Weather Deferral RENEWAL (TYPE II— two-year license) 1706 71St Avenue North 4119 71st Avenue North 5825 Colfax Avenue North 7216 Fremont Avenue North 6307 Scott Avenue North RENEWAL (TYPE I— three-year license) 2802 Northway Drive, Gateway Commons Passed w/ Weather Deferral 201855 th Avenue North 2801 66th Avenue North 1807 701h Avenue North 5207 Boulder Lane 6761 Humboldt Avenue North 6406 Indiana Avenue North 7124 Indiana Avenue North 5308 Lilac Drive North 3813 Urban Avenue North SIGNHIANGER A-Sign & Screen Printing Co Indigo Signworks, Inc Landmark Architectural Signs Signcrafters Outdoor Signart Company Signation Sign Group Topline Advertising Walker Sign Holdings The Gaughan Properties Victor Lindblom Thomas Johnson Cecilia Pineda Mary Ann Preble Patricia Sandeen Nazir Moghul Brahana Tsegaye Adrian Jimenez Kin Chew Gary Brummer Chen Zhou Prosperous Property, LLC Rebecca Thomley Ross Herman Li-Chwen Su William Coleman Weyu Bekuto Paul Baird Michael Hogenson 708 Lowy Avenue North, Minneapolis 1622 Main Avenue, Fargo, ND 17576 Hemlock Avenue, Lakeview 2405 Annapolis Lane North, Plymouth 2170 Dodd Road, Mendota Heights 6840 Shingle Creek Parkway 11775 Justen Circle, Maple Grove 945 Pierce Butler Route, St. Paul 6c.RESOLUTION NO. 2015-60 DESIGNATING 2015 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES 6d.RESOLUTION NO. 2015-61 RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE TWENTY- THIRD CONSECUTIVE YEAR 04/13/15 -4- DRAFT 6e.RESOLUTION NO. 2015-62 OF SUPPORT FOR THE THREE RIVERS PARK DISTRICT APPLICATION TO THE HENNEPIN COUNTY 2015 BIKEWAY PARTICIPATION PROGRAM FOR THE TWIN LAKES REGIONAL TRAIL 6f.APPROVE MEETING SCHEDULE FOR 2016-2017 BUDGET Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a.RESOLUTION NO. 2015-63 EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF OFFICER GARY COLEMAN Mayor Willson read in full a Resolution expressing the recognition and appreciation for the dedicated public service of Officer Gary Coleman. Mayor Willson shared a brief personal story regarding his children's education and how Officer Coleman was involved. City Manager Curt Boganey explained that Officer Gary Coleman was retiring after 26 years but sadly couldn't be here tonight so Police Chief Kevin Benner would receive the resolution on his behalf. Councilmember Ryan expressed his gratefulness for Officer Gary Coleman for his service and shared a personal story about the neighborhood and Officer Coleman. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 20 15-63 expressing recognition and appreciation for the dedicated public service of Officer Gary Coleman. Motion passed unanimously. 7b.THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH City Manager Curt Boganey introduced Brooklyn Bridge Alliance Executive Director Rebecca Gilgen. Ms. Gilgen shared a brief overview of the Brooklyn Bridge Alliance including its creation story, strategies for the future, and current activities within the community. Ms. Gilgen shared the podium with Ivan who described how the Alliance is using data collected from youth to shape their new initiatives. The creator of the survey, BK a member of the Youth Council, spoke briefly about how the survey was now shaping what the Alliance will be doing in the future. Luis spoke next regarding the unemployment solutions for youth and how community funding will be leveraged in order to put youth internships in place. Councilmember Myszkowski inquired how the Alliance was going to engage with parents of the children to plan new strategies. Ms. Gilgen stated that the Alliance just completed a survey for parents and are in the process of figuring out how to best use that data. The main point of the 04/13/15 -5- DRAFT survey was to find out where parents get their information from and how the Alliance could then become a trusted source. Councilmember Ryan expressed his appreciation for the detailed reports and overview of the activities that have occurred within the year. He questioned the 200 youth trained and 20 internships and how the Alliance planned to handle next year's goals. Ms. Gilgen confirmed that those were the initial year's goals and within the year of 2016 they were hoping to double those numbers. Councilmember Ryan inquired about the different graduation rates from the area high schools and pointed out that there were a lot of different situations that affect these rates and most of them have to do with the stability of the family units. Ms. Gilgen concurred. Councilmember Myszkowski stated she appreciated the program that is in place "Get Ready" but was wondering why four-year schools were not listed within the Post Secondary section. Ms. Gilgen explained that a lot of four-year schools help students get in but then leave them so those same students have a hard time remaining at those schools and often end up coming home. Mayor Willson shared a personal story regarding his past employment before high school graduation and how gratifying it is to be a part of a program that gives the youth such opportunities. 7c.RESOLUTION NO. 2015-64 EXPRESSING APPRECIATION FOR THE DONATION OF THE MINNEAPOLIS NORTHWEST CONVENTION AND VISITORS BUREAU IN SUPPORT OF THE 2015 EARLE BROWN DAYS CELEBRATION Mayor Willson read in full a Resolution expressing appreciation for the donation of the Minneapolis Northwest Convention and Visitors Bureau in Support of the 2015 Earle Brown Days Celebration. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-64 Expressing Appreciation for the Donation of the Minneapolis Northwest Convention and Visitors Bureau in Support of the 2015 Earle Brown Days Celebration. Motion passed unanimously. 7d.RESOLUTION NO. 2015-65 EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER AMERICAN LEGION POST 630 IN SUPPORT OF THE 2015 EARLE BROWN DAYS CELEBRATION 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 Earle Brown Days Celebration. 04/13/15 -6- DRAFT Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-65 Expressing Appreciation for the Donation of the Brooklyn Center American Legion Post 630 in Support of the 2015 Earle Brown Days Celebration. Motion passed unanimously. 7e.PROCLAMATION DECLARING APRIL 24, 2015, AS ARBOR DAY AND MAY 2015 AS ARBOR MONTH IN BROOKLYN CENTER City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed proclamation. Mayor Willson read in full a Proclamation Declaring April 24, 2015, as Arbor Day and May 2015 as Arbor Month in Brooklyn Center. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt PROCLAMATION Declaring April 24, 2015, as Arbor Day and May 2015 as Arbor Month in Brooklyn Center. Motion passed unanimously. 7f.PROCLAMATION DECLARING APRIL 18-24, 2015, AS THE GREAT SHINGLE CREEK WATERSHED CLEANUP WEEK Public Works Director/City Engineer Steve Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed proclamation. Mayor Willson read in full a Proclamation Declaring April 18-24, 2015, as the Great Shingle Creek Watershed Cleanup Week. Councilmember Ryan stated that he appreciates the efforts of the volunteers in this event and is looking forward to seeing everyone out this year. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt PROCLAMATION Declaring April 18-24, 2015, as the Great Shingle Creek Watershed Cleanup Week. Motion passed unanimously. 7g. PROCLAMATION DECLARING APRIL 22, 2015, AS EARTH DAY IN BROOKLYN CENTER Mr. Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed proclamation. 04/13/15 -7- DRAFT Mayor Willson read in full a Proclamation Declaring April 22, 2015, as Earth Day in Brooklyn Center. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to adopt PROCLAMATION Declaring 22, 2015, as Earth Day in Brooklyn Center. Motion passed unanimously. Mayor Willson asked Mr. Lillehaug to remain standing so he could publically recognize him for his wonderful service and described a recent meeting in which Mr. Lillehaug remained professional in adverse conditions. 8. PUBLIC HEARINGS 8a. RESOLUTION NO. 2015-66 AMENDING LEVY NO. 19058 AND CERTIFYING THE AMENDED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2015-01, FREEWAY PARK AREA STREET IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Mr. Lillehaug introduced the item, discussed the history, and stated the purpose of the Public Hearing and proposed resolution. He explained that two public hearings were held and the Council has already adopted the resolutions, but that there was an objection to the assessment for one property in particular. The objection arose because the property is a church and it was claimed that it was the second assessment in recent history. He explained that the assessment is for a different road and would benefit the property, so the City recommended that the assessment be assessed as proposed. He stated that if the property owners still object then a motion would need to be filed in district court. Councilmember Ryan moved and Councilmember Myszkowski seconded to re-open the Public Hearing. Motion passed unanimously. Kiril Totev, Spiritual Life Church, explained that the church was funded on charitable contributions and has a non-profit status. He cited Minnesota Court Case 1 9HA-CV- 11-5754 on why the church felt that the City should accept a lower offer to cover the assessment in full. Mr. Boganey inquired the Church's perspective on how the 'City would distinguish the church's circumstances against others who might come and ask for the same deal. Mr. Totev explained the difference was that commercial properties are assessed differently than residential properties and other commercial properties are those for profit rather than non-profit. He added that he felt that the church provided the residents other benefits that other commercial or residents couldn't offer. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to close the Public Hearing. 04/13/15 -8- DRAFT Motion passed unanimously. Councilmember Ryan asked City Attorney Troy Gilchrist if churches are exempted from paying property taxes. Mr. Gilchrist confirmed that churches do not pay property taxes because they are exempt under Minnesota Statutes. Councilmember Ryan stated his concerns about accepting this lower assessment and how this might affect how the City handles other objections. Mayor Willson inquired about the zoning of the church. Mr. Boganey stated that he would need to research and get that information to the Council at a later date. Mr. Gilchrist pointed out that the Council does have powers to accept a lower offer but warned against doing that in the fear it would create a never-ending cycle of objections and negotiations. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2015-66 Amending Levy No. 19058 and Certifying the Amended Special Assessments for Improvement Project No. 2015-01, Freeway Park Area Street Improvements to the Hennepin County Tax Rolls. Motion passed unanimously. 8b. ORDINANCE NO. 2015-04 RELATING TO A PERMIT FOR LAND DISTURBING ACTIVITIES, AMENDING CITY CODE SECTION 35-235 AND REMOVING CITY CODE SECTION 35-2230 Mr. Lillehaug introduced the item, discussed the history, and stated thepurpose of the proposed ordinance. He explained that the City needed to renew its permits, which includes a step of creating an annual report. The MPCA has accepted the permit application and annual report but now the City needs to put the changes in to effect. The MPCA only allows the City a certain timeframe in order to complete these changes and the deadline is fast approaching. The City has been following the new guidelines for some time but needs to formally adopt them into the City Code. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. 04/13/15 -9- DRAFT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt ORDINANCE NO. 2015-04 Relating to a Permit for Land Disturbing Activities; Amending City Cody Section 35-235 and Removing City Code Section 35-2230. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS —None. 10.COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process that will now be used to consider Type IV 6- Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items 1 Oal through 100. lOal. 6220 FRANCE AVENUE NORTH, EWING SQUARE 10a2. 421363RD AVENUE NORTH 100. 5607 LYNDALE AVENUE NORTH 10a4. 6324 SCOTT AVENUE NORTH 10a5. RESOLUTION NO. 2015-67 APPROVING A TYPE IV RENTAL LICENSE FOR 3901 BURQUEST LANE 10a6. RESOLUTION NO. 2015-68 APPROVING A TYPE IV RENTAL LICENSE FOR 5001 EWING AVENUE NORTH 10a7. RESOLUTION NO. 2015-69 APPROVING A TYPE IV RENTAL LICENSE FOR 7169 UNITY AVENUE 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: 6220 France Avenue North, Ewing Square; 4213 63 Avenue North; 5607 Lyndale Avenue North; 6324 Scott Avenue North; and to adopt RESOLUTION NO. 2015-67 Approving a Type IV Rental License for 3901 Burquest Lane; RESOLUTION NO. 2015-68 Approving a Type IV Rental License for 5001 Ewing Avenue North; and RESOLUTION NO. 2015-69 Approving a Type IV Rental License for 7169 Unity Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 11. COUNCIL REPORT 04/13/15 -10- DRAFT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • April 2, 2015: Attended the Public Works Open House • April 7, 2015: Attended the ground breaking at the Centennial Civic Amphitheater • April 8, 2015: Attended the Joint Commissions Meeting • April 10, 2015: Attended the Brooklyn Center Fire Fighter Relief Dinner • April 11, 2015: Attended the Brooklyn Center Lions 60th Anniversary Dinner • April 12, 2015: Attended the Brooklyn Center Fire Fighter Pancake Breakfast • April 25, 2015: Will be attending the Watershed Cleanup at 9 a.m. Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • March 28, 2015: Attended CEAP's event at Brooklyn Center Cub Foods • April 7, 2015: Attended the ground breaking at the Centennial Civic Amphitheater • April 8, 2015: Attended the Joint Commissions Meeting • April 10, 2015: Attended the Brooklyn Center Fire Fighter Relief Dinner Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • March 24, 2015: Attended the Brooklyn Center High School Choir Concert • April 6, 2015: Attended the Brooklyn Center Business Association Executive Board Meeting • April 7, 2015: Attended the ground breaking at the Centennial Civic Amphitheater • April 8, 2015: Attended the Joint Commissions Meeting • April 10, 2015: Attended the Brooklyn Center Fire Fighter Relief Dinner • April 11, 2015: Attended the Brooklyn Center Lions 60th Anniversary Dinner Councilmember Lawrence-Anderson stated she will not be attending April 21, 2015, Housing Commission meeting but rather will be attending the Police Award Ceremony Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • April 2, 2015: Attended the Public Works Open House • April 7, 2015: Attended the ground breaking at the Centennial Civic Amphitheater • April 10, 2015: Attended the Brooklyn Center Fire Fighter Relief Dinner • April 11, 2015: Attended the Brooklyn Center Lions 60th Anniversary Dinner • April 12, 2015: Attended the Brooklyn Center Fire Fighter Pancake Breakfast Mayor Willson brought attention to the April 20, 2015 Board of Appeal and Equalization meeting at City Hall and also the upcoming Brooklyn Center University held April 22, 2015. 04/13/15 -11- DRAFT 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 8:40 p.m. Motion passed unanimously. 04/13/15 -12- 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 APRIL 13, 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 8:41 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember/Commissioner April Graves 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 Troy Gilchrist, and Brittney Berndt, TimeSaver Off Site Secretarial, Inc. UPDATE BY HENNEPIN COUNTY ON THE 2015 ASSESSED VALUATIONS FOR PROPERTY TAXES PAYABLE IN 2016 Mr. Jim Atchison, a representative of Hennepin County, spoke on Brooklyn Center's yearly assessment regarding the valuations of properties. He explained that the property values have increased around 7%, which was based off the gross tax base. If new construction wasn't included, the percentage would drop to 6.5%. He shared that new construction makes up for $9,491,100 of property valuations, which updates the MCAP to 92%. He stated that all types of properties in Brooklyn Center have increased in value over the last year, the largest jump was in condos, which increased by 28.6%. After the study was completed, the residential properties are still the main type of property increasing in Brooklyn Center. Mr. Atchison explained there have been very few calls from people who are not agreeing with the valuations and reminded everyone that in order to appeal you need to attend the local meeting before going to the County. City Manager Curt Boganey inquired what time period were the valuations taken from. Mr. Atchison explained that the valuations are taken on January 2 d over ever' year, but those values are then looked at from October 13 th of the prior year to September 14 of the current year to discover the ranges. Mr. Boganey inquired if there were any trends appearing concerning growth. Mr. Atchison explained it is too early for trends, those will typically show in May or June. Mayor/President Willson pointed out that the increase is showing re-development of the City is working. 04/13/15 -1- DRAFT ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Myszkowski seconded adjournment of the City Council/Economic Development Authority Work Session at 8:54 p.m. Motion passed unanimously. 04/13/15 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA BOARD OF APPEAL AND EQUALIZATION APRIL 20, 2015 CITY HALL - COUNCIL CHAMBERS 1.CALL TO ORDER The Brooklyn Center City Council met as the Board of Appeal of Equalization and the meeting was called to order by Mayor Tim Willson at 7:00 p.m. 2.ROLL CALL Mayor Tim Willson and Councilmembers Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember April • Graves was absent and unexcused. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, and Deputy City Clerk Maria Rosenbaum. Others present from Hennepin County were Principal Residential Appraiser Rob Winge, Residential Appraiser Jill Brenna, Senior Appraiser Janene Herbert, and Junior Appraiser Kelly Ebert. 3.LOCAL BOARD OF APPEAL AND EQUALIZATION (LBAE) CERTIFICATION FORM The Local Board of Appeal and Equalization Certification form was signed by the Board Members present. 4.QUESTIONS REGARDING THE LOCAL BOARD OF APPEAL AND EQUALIZATION DUTIES There were no questions regarding the Local Board of Appeal and Equalization duties. 5. APPEARANCES BY TAXPAYERS WITH APPOINTMENTS Stephanie Nyhus - 4810 Lilac Drive North (Allied Products) had requested an appointment to appear before the Local Board of Appeal and Equalization regarding this property. The Assessor's Office received an e-mail that Allied Products had decided to drop their appeal. 04/20/15 4- DRAFT 6. APPEARANCES BY TAXPAYERS WITHOUT AN APPOINTMENT Director of Business and Development Gary Eitel informed that there were several properties the Assessor's Office had been working with and recommendations were prepared for Board approval this evening; however, there were also some taxpayers present this evening. Matthew Yackel, 5912 Camden Avenue N, addressed the Board to appeal his 2016 property value notice and questioned why over the past two years his value has increased approximately $52,000. Sally Rubenstein, 5915 John Martin Drive, addressed the Board to appeal the 2016 property value notice and informed that a structure on this property had been torn down last year. Tech Ung, 5333 Brooklyn Boulevard, addressed the Board to appeal his 2016 property value notice and questioned the $18,000 increase on his property. Mr. Ung also questioned if the bus stop in front of his property could be removed. Mayor Willson informed that he believed this would be an issue for the Met Council; however, would ask staff look into his concern regarding any law enforcement issues. Mayor Willson informed that the process for this evening would be for the Board to hear and accept appeals from taxpayers and then have those present set up appointments to have their properties reviewed by the Assessor's Office. The Board will then reconvene on May 4, 2015, to review the recommendations from the Assessor's Office and take action at that time. Before making a motion however; the Board would hear from the Assessor's Office regarding the properties that had been previously reviewed and the recommendations for the Board. Residential Appraiser Jill Brenna discussed the annual review process and format and provided a summary of the following properties being presented this evening with a recommendation after a physical review of the property and review of market comparables. The taxpayers have agreed to the following recommendations: David Evanson for Diana O'Connor, his sister Propertr Identification Number (PIN) 36119 21 21 0119 711 69t Avenue North Recommendation: Reduce 2015 Estimated Market Value (EMV) from $308,000 to $257,000 Penny Lane PIN 28 119 21420079 72 d Circle Recommendation: Increase 2015 EMV from $70,200 to $70,500 Richard Braun PIN 02 118 2143 0056 5338 Morgan Avenue North Recommendation: Reduce 2015 EMV from $122,000 to $117,000 04/20/15 -2- DRAFT James Justesen PIN 36 11921 110012 6800 Willow Lane Recommendation: Reduce 2015 EMV from $472,600 to $432,600 Darrin Pavlich PIN 03 118 21240067 5830 Pearson Drive Recommendation: Reduce 2015 EMV from $147,700 to $142,200 Uzoma Abanonu PIN 26 119 21440092 1821 Irving Lane North Recommendation: Reduce 2015 EMV from $172,400 to $162,400 Paul Ruscher PIN 33 11921 130083 5119 Howe Lane Recommendation: Reduce 2015 EMV from $170,600 to $160,000 Chris Gordon PIN 03 118 2123 0022 5715 Major Avenue Recommendation: Reduce 2015 EMV from $221,500 to $207,300 A motion by Councilmember Ryan, seconded by Councilmember Myszkowski to refer the appeals to the Assessor's Office for a property interior review and preparation of an Assessor's report for consideration at the Local Board of Appeal and Equalization Reconvene Meeting on May 4, 2015, at 6:00 p.m.; and to accept the recommendations provided this evening from the Assessor's Office. Motion passed unanimously. 7.CONSIDERATION OF WRITTEN APPEALS Bob Tivnan, 6100 Summit Drive - Earle Brown Terrace, Independent Living/Apartment Homes. This property is being recommended to continue on to the Hennepin County, Board of Review and Equalization. 8.SET DATE OF LOCAL BOARD OF APPEAL AND EQUALIZATION RECONVENE MEETING There was a motion by Councilmember Myszkowski, seconded by Councilmember Lawrence- Anderson to accept no more appeals and set May 4, 2015, 6:00 p.m. for the Local Board of Appeal and Equalization Reconvene Meeting. Motion passed unanimously. 04/20/15 -3- DRAFT 9. RECESS OR ADJOUNRMENT A motion by Councilmember Ryan, seconded by Councilmember Lawrence-Anderson to recess the Local Board of Appeal and Equalization at 7:20 p.m. to May 4, 2015, 6:00 p.m. Motion passed unanimously. 04/20/15 -4- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: April 21, 2015 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk49 SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on April 27, 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. FIREWORKS - PERMANENT STRUCTURE Target 6100 Shingle Creek Parkway MECHANICAL 2196 285 1h Avenue NE, Isanti 6108 Olson Memorial Hwy, Golden Valley 1017 Meadowwood Drive, Brooklyn Park 6420 Redruth Street, Duluth 1633 Eustis Street, St. Paul 525 Diffley Road, Eagan 3307 N 2 rid Street, Minneapolis 7450 Flying Cloud Drive, Eden Prairie 9065 Zachary Lane N, Maple Grove Craig Heating and Air LLC Ductworks Heating & Cooling Infinity Heating & Air Conditioning LLC Phoenix Asset Holdings Inc. (dlb/a Bluewater Services) Corval Constructors Inc. Five Star Heating and Air Conditioning Inc. Jayhawk Mechanical Inc. Metropolitan Mechanical Contractors Inc. UHL Company Inc. MOTOR VEHICLE DEALERSHIP Luther Brookdale Buick GMC Luther Brookdale Chevrolet Luther Brookdale Honda Luther Brookdale Mazda Mitsubishi Luther Brookdale Toyota Scion RENTAL See attached report. 4301 68 th Avenue N 6701 Brooklyn Boulevard 6800 Brooklyn Boulevard 7235 Brooklyn Boulevard 6700 Brooklyn Boulevard Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lie for ailpeople and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4__units -0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0 25 but not more than 'l 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. 11ission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of fife fir all people and preserves the pit hi/c trust V) 0 a)=^—^^—E a) Q_'- u * —CaEE==E ECo a). .JE-U- _3 rj —Lfl N Lfl t '1-(fl (.0 H C)IH If)C)00 N (fl N-0a)C) 0-2.2 U cLu>_------- O a) U 2 >a)C C)-C C 2 -E-C a)E -0 a CL M =5 LA-0bC a)=CL=C --Co (9 C U)C 2 -JuZEO5CCCCoUO UC_Co -C NZ a)(0 0 o Co -a)a)I CoI >__a)C C Co C I (0 LI) CoO)}- C a)Co.C a)s._0 -oE0 C flo--------=(0(0 Co Co Co (0 Co Co Co (0 Co Co (0 a) (0(0 Co Co (0 Co -F. a)a)a)a)a)a)a)a)0) ---- a)0.)uCCCCCCCCCCCfla)a) a)a)a)0)0)a)a)a)a)- X C a)+ ^^-- EEEEEEE EEE EEE EE E 0 ai CL Co CO Co (0 Co (0(0 Co (0(0 Co Co (0 Co (0(0 II M Y -4-'C LL U..LL U U..LL U UI U..1I l.I I1 aC=a)a)a)a)a)a)b0b a)a) a)a)a)0)a)a)a)- Co —'a0)a (1) .QCLCCCCCCC)C C C C C C C C C V).Ln V) ------;—_—_—U LI)I...C 0 LOen 0 9- II 0 4-'U)41 en en I a) . C a)Z CL a)a) U)ZZZC >Z Z W W .,<-j Z 0 CO a)4-I 4-I <<-a) a)Ln (_a)>>>a)a)C C>CCo a)a)_J > >' a) VI -c ><<<.,.C>^"-oo-c-c -<<2°-><00 .0 .0 a).0 .0 a)>.>.u a)EEa)cCa)0CoEEa)WE+4 a)U'.a) -(.0 CO U W I -.i >(.0 U)CO (9 I I I c _i _i o..)C). 00 -I (fl LI)C)C)00 LI)(.0 LI)C)-)N (fl LI)U)I_fl . 2 0 0 Cl -(N 1-C)N C) 0 'C)U)(.0 U)0 0 -f 00 t -'- -J *Ui..N LI)C)C)N N C)(fl i_.C)N 00r N N Co N N -1N C)N -)N * * =* * *N (.0 (.0 LI)(.0 "zt 00 rl CO N N LI)(.0 0..t 't City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM DATE: April 27, 2015 TO: Curt Boganey, City Manager FROM: Vickie Schleuning,ásistant City Manager/Director of Building and Community Standards SUBJECT: Resolution Accepting Quotation and Awarding a Contract for 2015 Diseased Tree Removal & Tree Maintenance Program Recommendation: It is recommended that the City Council consider approval of the Resolution Accepting Quotation and Awarding a Contract for 2015 Diseased Tree Removal & Tree Maintenance Program to Arbor Tree Service. Background: The City of Brooklyn Center has administered a Diseased Tree Removal program since 1974 and annually establishes a program to expedite the removal of diseased and other nuisance trees as defined in City Ordinance Chapter N. When a diseased tree is marked on the boulevard, the City shares in half the cost of the removal provided the removal is conducted under the City's annual Diseased Tree Removal & Tree Maintenance Program contract. The property owner is invoiced for approximately half the cost of the removal. When a diseased tree is marked on private property, the owner is responsible for the removal and disposal of the tree. City staff informs property owners of the importance of removing diseased trees to minimize the propagation of tree disease to adjacent properties. If a property owner fails to remove a diseased tree, the City acquires a quotation from the contractor for the cost of removal. The quotation is presented to the property owner prior to proceeding with removal of the diseased tree. Unpaid charges for tree removal are levied as a special assessment against the respective parcels of land. Special assessments are levied over a period of five years. The five year payment program assists many property owners with financing tree removal costs. City staff continues to monitor the transmission of various tree diseases, including Emerald Ash Borer, throughout Minnesota to determine if additional response measures will be necessary in the future. The City received bids for tree removal based on the estimated cost of individual tree removal for 12 different tree diameters. If there is compelling reasons for denial, such as a bid that is not responsible, the City is not obligated to choose the contractor with the lowest bid. In this case, Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM staff is recommending the tree contractor that submitted the lowest bid. The contractor has a satisfactory record with the Better Business Bureau and reference checks. Budget Issues: The City's share for the cost of removal of diseased trees within the public right-of-way and City property is $16,350, which is included in the 2015 Budget under the Public Works-Forestry operating budget. Property owners may pay their share of costs to the City directly, or the costs are specially assessed to the property in accordance with Minnesota State Law. Council Goals: • Financial Stability • Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust RESOLUTION NO. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTATION AND AWARDING A CONTRACT FOR 2015 DISEASED TREE REMOVAL & TREE MAINTENANCE PROGRAM WHEREAS, staff solicited quotations from tree removal contractors and the following three quotations were received and opened on March 27, 2015 for 2015 Diseased Tree Removal & Tree Maintenance Program. Bidder Bid Amount Arbor Tree Service $ 9,355.00 Arbor Barber $ 12,880.00 WHEREAS, it appears that Arbor Tree Service is the most responsible bidder for 2015 Diseased Tree Removal & Tree Maintenance Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Manager is hereby authorized to enter into a contract with Arbor Tree Service in the name of the City of Brooklyn Center for 2015 Diseased Tree Removal & Tree Maintenance Program according to the plans and specifications on file in the office of the Director of Building and Community Standards. April 27, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6d ii[I1SJ[iJ I N I I ak'A U'A I ak'A [I] 1WI IISJh'A I DATE: April 21, 2015 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Engineer THROUGH: Steve Lillehaug, Director of Public Works/City Engineer op SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2015-01 5 02,03 and 04, Freeway Park Area Street and Utility Improvements Recommendation: It is recommended that the City Council consider approval of the lowest responsible bid and award a contract to Northwest Asphalt, Inc., for Improvement Project Nos. 2015-01, 02, 03 and 04, Freeway Park Area Street and Utility Improvements. Background: Bids for the Freeway Park Area Street and Utility Improvements, Project Nos. 2015-01, 02, 03 and 04, contract were received and opened on April 16, 2015. The project bid included the standard base bid items and an alternative bid relative to the methodology to replace 30 sewer services that connect into an existing sanitary sewer trunk line that was previously lined with a cured-in-place liner. Both methodologies are acceptable equivalent forms of construction relative to product and performance. The bidding results are tabulated below: BIDDER TOTAL BASE BID TOTAL ALTERNATE BID Northwest Asphalt, Inc. $6,843,409.20 $6,748,849.20 Ryan Contracting Co. $7,058,939.29 $7,020,389.29 Of the two (2) bids received, the lowest bid of $6,748,849.20 was submitted by Northwest Asphalt, Inc., of Shakopee, Minnesota. Northwest Asphalt, Inc. has the experience, equipment and capacity to qualify as the lowest responsible bidder for the project. Budget Issues: Staff is recommending that the contract be awarded using the alternate bid due to the cost savings of $94,560. The bid amount of $6,748,849.20 was higher than the estimated construction amount of $6,204,370.40. The total estimated budget including contingencies, administration, engineering and legal was $7,260,000 and is amended to $ $7,645,486.20 (see attached Resolution - Costs and Revenues tables). The overall project cost reflects a 5.3 percent increase to the originally budgeted amount. The 5.3 percent increase was a result of miscellaneous bid items escalating in price more than expected from previous construction years. These increased items specifically increase the budgets and needed funding from the Sanitary Sewer, Water Utility and Street Reconstruction Funds (see attached Resolution-Costs and Revenues table). Additionally, $47,373.50 of work was added to the project for the removal of the old CenterPoint Energy gas main, which will be directly reimbursed by CenterPoint Energy. Mission: Ensuring an attractive, clean, safe, inclusive connnunitp that enhances the quality of life for all people and preserves the public trust i1i1IJ[i1 I fl I I Ik'A UhYA I Ih'A (I] 1'Ih1 lIlh"A I Strategic Priorities: e Vibrant Neighborhoods Mission : Ensuring an attractive, clean, safe, inclusive community that enhances the qua/it p of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2015-01,02,03 AND 04, FREEWAY PARK AREA STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 2015-01, 02, 03 and 04, bids were received, opened, and tabulated by the City Clerk and Engineer on the 16th day of April, 2015. Said bids were as follows: Bidder Total Base Bid Total Alternate Bid Northwest Asphalt, Inc. $6,843,409.20 $6,748,849.20 Ryan Contracting Co. $7,058,939.29 $7,020,389.29 WHEREAS, the City Engineer recommends that the contract be awarded based on the alternate bid. WHEREAS, it appears that Northwest Asphalt, Inc., of Shakopee, Minnesota is the lowest responsible bidder. 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 and directed to enter into a contract with Northwest Asphalt, Inc., of Shakopee, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 2015-01, 02, 03 and 04, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. The estimated project costs and revenues are is follows: Amended COSTS Estimated per Low Bid Contract $6,204,370.40 $6,748,849.20 Lighting $ 118,000.00 $ 33,137.00 Contingency $ 277,129.60 $ 203,000.00 Subtotal Construction Cost $6,599,500.00 $6,984,986.20 AdminlLegal/Engr. $ 660,500.00 $ 660,500.00 Total Estimated Project Cost $7,260,000.00 $7,645,486.20 RESOLUTION NO. REVENUES Street Assessment Storm Drainage Assessment Sanitary Sewer Utility Water Utility Fund Storm Drainage Utility Fund Street Light Utility Street Reconstruction Fund CenterPoint Energy Total Estimated Revenue Estimated $1,004,000.00 $ 273,000.00 $1,160,000.00 $1,420,000.00 $1,257,000.00 $ 130,000.00 $2,016,000.00 $ -0- $7,260,000.00 Amended per Low Bid $1,004,200.10 $ 273,260.64 $1,273,567.00 $1,559,969.00 $1,246,725.76 $ 33,137.00 $2,206,889.20 $ 47,737.50 $7,645,486.20 April 27, 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. 6e [i[I1UIJ I R I Dk'A L'A I thYA [I] t&II PIUhYA I DATE: April 21, 2015 TO: Curt Boganey, City Manager FROM: Andrew Hogg, Assistant City Engineer Engineer THROUGH: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Amending the Joint Powers Agreements for the Creation of the Shingle Creek and West Mississippi Watershed Management Commissions and Ratifying the Acts Thereof Recommendation: It is recommended that the City Council consider approval of a resolution to an amendment to the Joint Powers Agreements between the City of Brooklyn Center and the Shingle Creek and West Mississippi Watershed Management Commissions. Background: In 1982 the Minnesota Legislature adopted the Metropolitan Surface Water Management Act mandating that all watersheds within the seven county area be governed by a watershed management organization (WMO): The nine cities with land in the Shingle Creek watershed (Brooklyn Center, Brooklyn Park, Crystal, Maple Grove, Minneapolis, New Hope, Osseo, Plymouth and Robbinsdale) and the five cities with land in the West Mississippi watershed (Brooklyn Center, Brooklyn Park, Champlin, Maple Grove, and Osseo), entered into Joint Powers Agreements (JPA) to form watershed management organizations charged with certain surface and groundwater management functions. The surface and groundwater management functions include: • Alleviating damage from flood waters by requiring construction of facilities to drain or pond stormwater • Improving creek channels for drainage • Assisting in planning for land use • Assisting in water conservation, abatement of water pollution, and improvement of water quality • Promoting groundwater recharge; and • Protecting and enhancing fish and wildlife habitat and water recreational facilities Although the Commissions were formally established as WMOs under the basis of Joint Powers Agreements in 1984, the roots of these organizations go back to the early 1970's when seven communities organized to jointly sponsor and fund the development of the 1974 Shingle Creek Basin Management Plan. The City of Brooklyn Center has operated under these Joint Powers Agreements since the commissions' inception. The current Joint Powers Agreements for both the Shingle Creek Watershed Management Commission and West Mississippi Watershed Management Commission expired on Jan 1, 2015. Mission: Ensuring an attractive, clean, safe, inclusive conununitp that enhances the quality of life for all people and preserves the public trust II[I1IJ[i1 I R V Jk'A L!A I 3k'A 0) 1WIi1Uh'A I The proposed amendments extend the term of the existing JPAs to January 1, 2025 for both watershed Commissions. No other changes to the WAs are being proposed as part of the amendment. Budget Issues: There are no budget issues. Strategic Priorities: • Focused Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE JOINT POWERS AGREEMENTS FOR THE CREATION OF THE SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSIONS AND RATIFYING THE ACTS THEREOF WHEREAS, the City of Brooklyn Center (the "City") is party to two joint powers agreements, both effective April 27, 2015, entitled AMENDED JOINT AND COOPERATIVE AGREEMENT ESTABLISHING THE SHINGLE CREEK MANAGEMENT COMMISSION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT OF THE SHINGLE CREEK WATERSHED and AMENDED JOINT AND COOPERATIVE AGREEMENT FOR ESTABLISHMENT OF A WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT OF THE SHINGLE CREEK WATERSHED (the "Joint Powers Agreements"); and WHEREAS, the Joint Powers Agreements provided for the establishment of the Shingle Creek and West Mississippi Watershed Management Commissions (the "Commissions"), watershed management organizations pursuant to and in accordance with the Metropolitan Surface Water Management Act, Minn. Stat. § 10313.201 et seq., and Minn. Stat. § 471.59; and WHEREAS, on January 1, 2015, the terms of the Joint Powers Agreements expired; and WHEREAS, the Commissions have continued to act and exercise their powers and duties, notwithstanding the expiration of the Joint Powers Agreements; and WHEREAS, it has been and is the intent of the City that the Commissions continue to act as watershed management organizations for the Shingle Creek and West Mississippi watersheds and will continue to do so in the future; and WHEREAS, the City has been presented with proposed amendments to the Joint Powers Agreements, extending the term thereof to January 1, 2025 (the "Amendments"); and WHEREAS, the City Council has determined that extending the term of the Joint Powers Agreements and the ratification of all acts of the Commissions from January 1, 2015 to the effective date of the Amendments are reasonable, prudent, and in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: RESOLUTION NO. The Amendments to the Joint Powers Agreements are approved and the Mayor is authorized and directed to execute and deliver a copy of the Amendments to the Chair of the Commissions. The Clerk is directed to forward a certified copy of this resolution to the Chair of the Commissions. 2. All acts of the Commissions from January 1, 2015 to the effective date of the Amendments to the Joint Powers Agreements are approved, confirmed and ratified in all respects. April _27,_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. AMENDED JOINT AND COOPERATIVE AGREEMENT ESTABLISHING THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT OF THE SHINGLECREEK WATERSHED PREFACE The Shingle Creek Watershed contains approximately 14 square miles and encompasses parts of the following cities: Brooklyn Center, Brooklyn Park, Crystal, Maple Grove, Minneapolis, New Hope, Osseo, Plymouth, Robbinsdale. The Shingle Creek Watershed contains four creeks and thirteen lakes. Up to 1984, decisions regarding the water resources within the watershed were made on an individual municipality basis. In 1974, a Water Resources Management Plan was prepared through a joint effort of the cities but that plan was never officially adopted and no contractual relationship has existed between all the cities. Minnesota Laws of 1982, Chapter 509, mandated that au watersheds within the seven county Metropolitan area must be governed by a watershed management organization and said law has been amended and is now codified as Minnesota Statutes, Sections 103B.201 through 103B.251. The watershed is authorized to organize under a joint powers agreement pursuant to Minnesota Statutes, Sections 103B.211 and 471.59 or if such an organization is not created, Hennepin County shall petition for the establishment of a watershed district under Minnesota Statutes, G:\Administration\Coiincil\_Upcoming Council items\SCWM JPA Resolution 150427\Additional information\Amended Shingle Creek JPA - SH220-1 - 240689v3March 20 15.doc Chapter 103D. All the cities in the Shingle Creek Watershed have expressed a desire to proceed with a joint powers organization, and a joint Power Agreement establishing the watershed management organization was adopted by all nine Cities in 1984. The Commission created in 1984 has managed the watershed since 1984. The Shingle Creek Watershed is in some ways unique :n that one portion has an abundance of surface water and requires storage and flood control measures to protect residents and property. In seeking solutions to the overall surface water problems whether they be too much water or too little water, the law mandates and the cities within the watershed recognize that joint planning, joint cooperation, financial sharing and a contractual agreement are necessary. It has been determined by the nine cities involved in the Shingle Creek watershed that they desire to proceed under a Joint Powers Agreement rather than under Chapter 103D as a watershed district. Each party to this agreement has been fully advised that the Watershed Management Organization being created shall have the powers and responsibilities set forth in the Metropolitan Surface Water Management Act, Minnesota Statutes further understood and agreed that it is the intent of this Agreement to assign to the watershed management organization, which has operated since 1984, the additional powers and 2 G:\Adiiinistration\Cotincil\_Upconiing Council items\SCWM JPA Resolution 150427\Additional information\Amended Shingle Creek JPA - SH220-1 - 2406890 March 2015.doc duties assigned by the Minnesota legislature to water management organizations. The management of water resources is a rapidly changing field,, and new laws and regulations are being adopted and amended frequently, and it should not be necessary to amend this Agreement every time the legislature mandates changes. Each member further recognizes that this is a binding contract and failure to cooperate or to carry out a member's responsibilities will result in a breach of this contract. The purpose of this organization shall be to assist the nine member Shingle Creek Watershed cities to preserve and use natural water storage and retention systems to: 1.Protect, preserve, and use natural surface and groundwater storage and retention systems; 2.Minimize public capital expenditures needed to correct flooding and water quality problems; 3.Identify and plan for means to effectively protect and improve surface water and groundwater quality; 4.Establish more uniform local policies and official controls for surface water and groundwater management; 5.Prevent erosion of soil into surface water systems; 6.Promote groundwater recharge; 7. Protect and enhance fish and wildlife habitat and water recreational facilities; 3 G:\Administration\Council\_Upcoming Council items\SCWM SPA Resolution 150427\Additional infonnation\Amended Shingle Creek JPA - SH220-1 - 240689v3 March 2015.doc 8. Secure other benefits associated with the proper management of surface and groundwater; 9. To promote and encourage cooperation among member cities in coordinating local surface water and groundwater plans and to be aware of their neighbor's problems and to protect the public health, safety, and general welfare. It is the intent of this Agreement to subject all nine cities in the Shingle Creek Watershed to a common set of policies and to comply in all respects with the provisions of the Metropolitan Surface Water Management Act. The purpose of this Preface is to clarify and establish for any court of review or any arbitrator or for the elected successors to the purpose for this joint and cooperative venture. The parties to this Agreement realize that the success or failure of the Shingle Creek Watershed Organization created by this Agreement is dependent upon the sincere desire of each member City to cooperate in the exercise of a joint power to solve joint problems. Each party hereby agrees to be bound by this agreement and pledges its cooperation. 4 G:\Administration\Council\ Upcoming Council items\SCWM JPA Resolution 150427\Additional infonnation\Amended Shingle Creek WA - SH220-1 - 240689v3 March 2015.doc JOINT AND COOPERATIVE AGREEMENT The parties to this Agreement are governmental units of the State of Minnesota, all of which have lands which drain surface water within the Shingle Creek Watershed and all of which have power and responsibility to construct, reconstruct, extend and maintain storm water management facilities to improve water quality, to promote groundwater recharge, and to protect, promote and preserve water resources within the Watersheds. This agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes 1992, Sections 103B.201 to and including Section 103B.251. NAME I. The parties hereto create and establish the Shingle Creek Watershed Management Commission. GENERAL PURPOSE II. The general purpose of this agreement is to provide an organization which can investigate, study, plan and control the construction of facilities to drain or pond storm waters, to alleviate damage by flood waters; to improve the creek channels for drainage; to assist in planning for land use; to repair, improve, relocate, modify, consolidate or abandon, in whole or in part, drainage systems within the watershed area; to do whatever is 5 G:\Administration\Council\_Upcoming Council items'SCWM JPA Resolution 150427\Additional information\Arnended Shingle Creek JPA - SH220-1 - 2406890 March 2015.doc necessary to assist in water conservation and the abatement of surface water and groundwater contamination and water pollution and the improvement of water quality; to promote ground water recharge; and to protect and enhance fish and wildlife habitat and water recreational facilities. In addition to the aforestated purposes, the organization hereby created shall serve as the Watershed Management organization for the Shingle Creek Watershed and shall carry out all of the duties and responsibilities outlined in Minnesota Statutes, Section 103B.201 through 103B.251, both inclusive. DEFINITIONS III. For the purposes of this Agreement, the terms used herein shall have the meanings as defined in this article. Subdivision 1. "Commission" means the organization created by this agreement, the full name of which is "Shingle Creek Watershed Management Commission." It shall be a public agency of its members and a watershed management organization as defined in Minnesota Statutes, Section 103B.211. Subdivision 2. "Board" me ns the Board of commissioners of the Commission, consisting of one commissioner or one alternate commissioner from each of the governmental units which 6 G:\Adrninistration\Council\_Upcoming Council items\SCW1vI JPA Resolution 150427\Additional infonnation\Amended Shingle Creek WA - SH220-1 - 2406890 March 2015.doc is a party to this agreement and which shall be the governing body of the Commission. Subdivision 3. "Council" means the governing body of a governmental unit which is a member of this Commission. Subdivision 4. "Governmental Unit" means any city, county, or town. Subdivision 5. "Member" means a governmental unit which enters into this agreement. Subdivision 6. "Shingle Creek Watershed" means the area generally contained within a line drawn around the extremities of all terrain whose surface drainage is tributary to Shingle Creek and within the mapped areas delineated on the map filed with the Board of Soil and Water Resources originally filed pursuant to Minnesota Statutes, 473.877, Subd. 2 and as now amended by Minnesota Statutes, Chapter 103B. MEMBERSHIP Iv. The membership of the Commission shall consist of all of the following governmental units: City of Brooklyn Center City of Brooklyn Park City of Crystal City of Maple Grove 7 G:\Administiation\Council\_Upcoming Council items\SCWM JPA Resolution 150427\Additional informationtAmended Shingle Creek WA - SH220-1 - 2406890 March 2015.doc City of Minneapolis City of New Hope City of Osseo City of Plymouth City of Robbinsdale (The foregoing list is intended to include all governmental units which are presently partially or entirely within the Shingle Creek Watershed to be controlled by this Agreement.) No change in governmental boundaries, structure or organizational status shall affect the eligibility of any governmental unit listed above to be represented on the Commission, so long as such governmental unit continues to exist as a separate political subdivision. BOARD OF COMMISSIONERS V. Subdivision 1. The governing body of the Commission shall be its Board. Each member shall be entitled to appoint one representative on the Board, and one alternate who may sit when the representative is not in attendance and said representative or alternate representative shall be called a "Commissioner". Subdivision 2. The council of each member shall determine the eligibility or qualification of its representative on the Commission but the terms of each Commissioner shall be as 8 G:\Administration\Council\_Upcorning Council items\SCWM JPA Resolution 150427\Additional information\Ansended Shingle Creek JPA - SH220-1 - 2406890 March 2015.doc established by this agreement. Subdivision 3. The term of each Commissioner and Alternate Commissioner appointed by each member shall be three years and until their succesors are selected and qualify and shall commence on February 1, except that the terms of the Commissioners first appointed shall commence from the date of their appointment and shall terminate as follows: a.The Commissioners appointed by the Cities of Brooklyn Center, Brooklyn Park, and Crystal shall terminate On February 1, 1994. b.The Commissioners appointed by the Cities of Maple Grove, Minneapolis, and New Hope shall terminate on February 1, 1995. C. The Commissioners appointed by the Cities of Osseo, Plymouth, and Robbinsdale shall terminate on February 1, 1996. Any vacancy shall be filled for the unexpired term of any Commissioner by the council of the governmental unit of the member who appointed said Commissioner. The Commission shall notify the Board of Water and Soil Resources of member appointments and vacancies within 30 days after the Commission is notified by a member. Each member agrees to publish a notice of vacancies resulting from the expiration of Commissioner's or Alternate Commissioner's term or where a 9 G:\Administration\Council\_Upcoming Council items\SCWM JPA Resolution 150427\Additional information'Amended Shingle Creek JPA- SH220-1 - 240689v3 March 2015.doc vacancy exists for any reason. Publication and notice shall be in accordance with Minnesota Statutes,Section 1035.227, Subds. 1 and 2, as they now exist or as subsequently amended. Subdivision 4. The council of each member agrees that its representative commissioner will not be removed from the Board prior to the expiration of the Commissioner's term, unless said Commissioner consents in writing or unless said council has presented the Commissioner with charges in writing and has held a public hearing after reasonable notice to the Commissioner. A member may remove a Commissioner or an Alternate Commissioner for just cause or for violation of a Code of Ethics established by the Commission or by the Member City or for malfeasance, nonfeasance, Or misfeasance. Said hearing shall be held by the Member City Council who appointed the Commissioner. A Commissioner or Alternate Commissioner who is an elected officer of a Member City who is not reelected may be removed by the appointing Member City at the appointing Member's discretion. Any decision by a Member to remove a Commissioner or Alternate Commissioner may ce appealed to the Board of Water and Soil Resources. A certified copy of the Council's Resolution removing said Commissioner shall be filed with the Secretary of the Board of Commissioners and shall show compliance with the terms of this section. Subdivision 5. Each member shall within 30 days of 10 G:\Mministration\Council\_Upcoming Council items\SCWM JPA Resolution 150427\Additional information\Amended Shingle Creek SPA - S11220-1 - 2406893 March 2015.doc appointment file with the Secretary of the Board of Commissioners a record of the appointment of its Commissioner and its Alternate Commissioner. The Commission shall notify the Board of Water and Soil Resources of Member appointments and vacancies within 30 days after receiving notice from the Member. Members shall fill all vacancies within 90 days after the vacancy occurs. Subdivision 6. Commissioners shall serve without compensation from the Commission, but this shall not prevent a governmental unit from providing compensation for its Commissioner for serving on the Board, if such compensation is authorized by such governmental unit and by law. Commission funds may be used to reimburse a Commissioner or Alternate Commissioner for expenses incurred in performing Commission business and if authorized by the Board. Subdivision 7. At the first meeting of the Board and in February of each year thereafter, the Board shall elect from its Commissioners a Chair, a Vice Chair, a Secretary, a Treasurer, and such other officers as it deems necessay to conduct its meetings and affairs. At the organizational meeting or a soon thereafter as it may be reasonably done, the Commission shall adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Commission provided that a ten day 11 G:Adrninistration\Counci1\_Upcorning Council itemsSCWM JPA Resolution 150427\Additional infonnation\Arnended Shingle Creek JPA - SH220-1 - 2406890 March 2015.doc prior notice of the proposed amendment has been furnished to each person to whom notice of the Board meetings is required to be sent; a majority vote of all eligible votes of the then existing members of the Commission shall be sufficient to adopt any proposed amendment to such rules and regulations. The Board shall notify each Member City of the location and time of regular and special meetings called by the Board. I\ meeting shall be held at least annually, and all meetings shall be called and open to the public pursuant to Minnesota Statutes, Section 471.705, or as amended. POWERS AND DUTIES OF THE BOARD VI. Subdivision 1. The Commission, acting by its duly appointed Board of Commissioners, shall as it relates to flood control, water cuality, ground water recharge and water conservation or in its construction of facilities and other duties as set forth in Chapter 103B, Minnesota Laws of 1992 and in Rules and Regulations of the Board of Water and Soil Resources, have the powers and duties set out in this article or as prescribed by law. Subdivision 2. It may employ such persons as it deems necessary to accomplish its duties and powers. Any employee may be on a full time, part time or consulting basis as the Board determines and shall be considered Commission staff. 12 G:\Adniiristration\Cotuicil\_Upconiing Council items\SCWM JPA Resolution 150427\Additional information\Amended Shingle Creek JPA - SH220-1 - 2406890 March 201 5.doc Subdivision 3. It may contract for space and for material and supplies to carry on its activities either with a member or elsewhere. Subdivision 4. It may acquire necessary personal property to carry out its powers and its duties. Subdivision 5. It shall develop an overall plan containing a capital improvement program within a reasonable time after qualifying, and said plan shall meet all of the requirements as established in Minnesota Statutes, Chapter 103B. Said overall plan shall establish a comprehensive goal for the development of Shingle Creek and shall establish a proposed procedure for accomplishing the purposes of the organization as set forth in Article II. In preparing the overall plan, the Board may consult with the engineering and planning staff of each member governmental unit. It may consult with the Metropolitan Council and other public and private bodies to obtain and consider projections of land use, population growth, and other factors which are relevant to the improvement and development of Shingle Creek Watershed. Said overall plan shall include the location and adequacy of the outlet or outfall of said Shingle Creek. The plan shall include the quantity of storage facilities and the sizing of an adequate outlet for all subtrunk, subdistrict and branch lateral storm sewers. The plan shall comply with state statutes and regulations promulgated and adopted by the Board of Water and 13 G:\Administration\Council\_Upcoining Council items\SCWM JPA Resolution 150427\Additional infonnation\Arnended Shingle Creek JPA - SH220-I - 2406890 March 2015.doc Soil Resources. Upon completion of the overall plan, or amendment thereto, each member shall be supplied with a copy of the proposed plan and the plan shall be submitted for review and comment as required by state laws and regulations. All governmental units which expect that substantial amendment of its local comprehensive plan will be necessary in order to bring their local water management into conformance with the Commission's watershed plan shall describe as specifically as possible, the amendments to the local plan which it expects will be necessary. The Commission shall hold a public hearing after 60 days mailed notice to the clerk of each member governmental unit. The mailed notice of the hearing shall be sent at the same time the plan is submitted to the members and to other governmental agencies. After, such public hearing, the Board shall prescribe the overall plan which shall be the outline • for future action by the Commission. The Commission shall then submit the plan, any comments received and any appropriate amendments to the plan to the Board of Commissioners of Hennepin County. The County shall approve or disapprove projects in the capital improvement programs which may require the provision of county funds pursuant to Minnesota Statutes Sections 103B.251 or 103D.901. The County shall have 60 days to complete its review. If the County fails to complete its 14 G:\Adininistration\Council\_IJpcorning Council iterns\SCWM JPA Resolution 150427\Additional information\Amended Shingle Creek JPA - SH220-1 - 2406890 March 2015.doc review within 60 days the plan and capital improvement programs shall be deemed approved. After completion of the review by Hennepin County, the plan and capital improvement programs shall be submitted to the Metropolitan Council for its review. After completion of the review by the Metropolitan Council pursuant to Minnesota Statutes, Section 103B.231, Subd. 8, the Commission shall submit the plan to the Minnesota Commissioner of Natural Resources and the Minnesota Pollution Control Agency for review and comment on the consistency of the plan with state laws and rules relating to water and related land resources and to the Board of Water and Soil Resources for review as provided in Minnesota Statutes, Section 103B.231, Subd. 9. After return of the plan, a copy of the plan shall be submitted to each of the members together with all comments of the reviewing authorities. The Commission shall wait for at least 30 days for comments from its members. The Commission shall adopt the overall plan within 120 days after approval of the plan by the Board of Water and Soil Resources. The Commission shall then implement the approved plan and approved capital improvement program by resolution of the Commission as hereinafter set forth. The adoption of said overall plan shall be only upon a favorable vote of a majority of all eligible votes of the then existing members of the Commission 15 G:\Adrninistration\Council\_Upcoming Council items\SCWM WA Resolution 150427\Additional information\Arnended Shingle Creek JPA - SJ-1220-1 - 240689v3_March 2015.doc for Shingle Creek. A copy of the adopted plan shall be filed with the Clerk of each member governmental unit. Upon notice and hearing, as provided for in adopting the overall plan, said plan may be amended by the Board on its own initiative or on the petition of any member governmental unit. The review provisions set forth in this section are those required by Minnesota Statutes, Section 103B.231. If the law is amended, approvals shall be as required by law and the provisions contained in this section shall be amended accordingly. Subdivision 6. It shall make necessary surveys or utilize other reliable surveys and data and develop projects to accomplish the purposes for which the Commission is organized. Subdivision 7. It may cooperate or contract with the State of Minnesota or any subdivision thereof or federal agency or private or public organization to accomplish the purposes for which it is organized. Subdivision 8. It may order any member governmental unit or units to construct, clean, repair,, alter, abandon, consolidate, reclaim or change the course or terminus of any ditch, drain, storm sewer, or water course, natural or artifical, within the Shingle Creek Watershed. Subdivision 9. It may order any member governmental unit or units to acquire, operate, construct or maintain dams, dikes, reservoirs and appurtenant works or other improvements necessary 16 G:\Administration\Council\ Upcoming Council items\SCWM JPA Resolution 150427\Additional information\Amended Shingle Creek JPA - SH220-1 - 240689v3 March 2015.doc to implement the overall plan. Subdivision 10. It shall regulate, conserve and control the use of storm and surface water and groundwater within the Watershed. Subdivision 11. It may contract for or purchase such insurance as the Board deems necessary for the protection of the Commission. Subdivision 12. It may establish and maintain devices acquiring and recording hydrological and water quality data within the Watershed. Subdivision 13. It may enter upon lands within or without the watershed to make surveys and investigations to accomplish the purposes of the Commission. The Commission shall be liable for actual damages resulting therefrom but every person who claims damages shall serve the Chair or Secretary of the Board of Commissioners with a Notice of Claim as required by Chapter 466.05 of the Minnesota Statutes. Subdivision 14. It shall provide any member governmental unit with technical data or any other information of which the Commission has knowledge which will assist the governmental unit in preparing land use classifications or local water management plans within the watershed. Subdivision 15. It may provide legal and technical assistance in connection with litigation or other proceedings between one or more 17 G:\Administration\Coundil\_Upcoming Council items\SCWM JPA Resolution 150427\Mditional information\Ainended Shingle Creek JPA - SH220-1 - 2406890 March 2015.doc of its members and any other political subdivision, commission, Board or agency relating to the planning or construction of facilities to drain or pond storm waters or relating to water quality within the Watershed. The use of commission funds for litigation shall be only upon a favorable vote of a majority of the eligible votes of the then existing members of the Commission. Subdivision 16. It may accumulate reserve funds for the purposes herein mentioned and may invest funds of the Commission not currently needed for its operations, in the manner and subject to the laws of Minnesota applicable to statutory cities. Subdivision 17. It may collect monies, subject to the provisions .of this agreement, from its members, Hennepin County and from any other source approved by a majority of its Board. Subdivision 18. It may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of these purposes and powers and may disburse therefor in the manner hereinafter provided. Subdivision 19. It shall cause to be made an annual audit of the books and accounts of the Commission by a certified public accountant or the State Auditor and shall make and file a report to its members at least once each year including the following information: a. the approved budget; 18 G:\Adiiinistrafion\Council\_Upcoming Council items'SCWM WA Resolution 150427\Additional infonnation\Ansended Shingle Creek JPA - SH220-1 2406890 March20 15.doc b. a reporting of revenues; C. a reporting of expenditures; d.a financial audit report or section that includes a balance sheet, a classification of revenues and expenditures, an analysis of changes in final balances, and any additional statements considered necessary for full financial disclosure; and e.the status of all Commission projects and work within the watershed. Copies of said report shall be transmitted to the.Clerk of each member governmental unit. Subdivision 20. Its books, reports and records shall be available for and open to inspection by its members at all reasonable times. Subdivision 21. It may recommend changes in this agreement to. its members. Subdivision 22. It may exercise all other powers necessary and incidental to the implementation of the purposes and powers yet forth herein and as outlined and authorized by Minnesota Statutes, Sections 103B.201 through 103B.251. Subdivision 23. it shall cooperate with the State of Minnesota, the Commssioner of Natural Resources and the Director of the Division of Waters, Soils and Minerals of the Department of Natural Resources in complying with the requirements of Chapter 19 G:\Adniiiiistration\Council\_Upcoming Council items\SCWM JPA Resolution 150427\Additional infonnation'Ainended Shingle Creek JPA - SF1220-1 - 240689'v3 March 2015.doc 103G of the Minnesota Statutes. Subdivision 24. Each member reserves the right to conduct separate or concurrent studies on any matter under study by the Commission. Subdivision 25. It may define and designate subtrunk and subdistricts within the watershed and shall have authority to separate the watershed into different subtrunks and subdistricts and to allocate capital improvement costs to a subtrunk or subdistrict area if that district is the only area that benefits from the capital improvement. Subdivision 26. It shall establish a procedure for establishing citizen or technical advisory committees and to provide other means for public participation. METHOD OF PROCEEDING VII. Subdivision 1. The procedures to be followed by the Board carrying out the powers and duties set forth in Article VI, Subdivisions 5, 6, 7, 8, 9, and 10, shall be as set forth in this article. Subdivision 2. The Board shall immediately proceed to prepare the overall plan as set forth in Article VI, Subdivision 5. Upon adoption of said overall plan, the Board shall proceed to implement said plan, and this implementation may be ordered by stages. 20 G:\Admiristration\Cotincil\_Upcoining Council iteins\SCWM JPA Resolution 150427\Additional infonnation\Amended Shingle Creek JPA - SH220-1 - 2406890 March 2015doc Subdivision 3. The location and adequacy of the outlet for Shingle Creek shall be determined and the Commission shall then prepare plans which will provide capacity to outlet the surface waters which will be collected within the Shingle Creek watershed. In determining the necessary capacity for said outlet, the Commission shall take into consideration the quantity of land within the watershed which each member governmental unit has to pond or act as a reservoir for surface waters. It shall consider only lands which are under public ownership or under public control and that will be perpetually dedicated to acting as a reservoir for surface waters. The commission may require from each member governmental unit a commitment in writing of the lands which shall be so dedicated, including a legal description of the gross area and the capacity in acre feet of water storage. No project which will channel or divert additional waters to Shingle Creek shall be commenced by any member governmental unit prior to approval of the Board of the design of an adequate outlet or of adequate storage facilities. The adequacy of said outlet shall be determined by the Board after consultations with its professional engineers. Subdivision 4. All construction, reconstruction, extension or maintenance of Shingle Creek, including outlets, lift stations, dams, reservoirs, or other appurtenances of a surface water or storm sewer system which involve construction by or assessment against any member governmental unit or against 21 G:\Administration\Council\_Upcorning Council items\SCWM JPA Resolution 150427\Additional inforrnation\Arnended Shingle Creek JPA - SH220-I - 2406890 March 201 5.doc privately or publicly owned land within the watershed shall follow the statutory procedures outlined in Chapter 429 of the Minnesota Statutes except as herein modified. The Board shall secure from its engineers or some other competent person a report advising it in a preliminary way as to whether the proposed improvement is feasible and as to whether it shall best be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended and the proposed allocation of costs between members. The Commission shall have authority to separate the watershed into subtrunks or subdistricts if the capital improvement project and costs only benefit a subtrunk or subdistrict area. If the Commission determines that a capital improvement and capital cost benefits only a subtrunk or subdistrict area it may so designate that said area shall be responsible for said costs and may allocate the costs to said area or areas rather than to the entire watershed. The Board shall then hold a public hearing on the proposed improvement after mailed notice to the clerk of each member governmental unit within the Watershed. The Commission shall not be required to mail or publish notice except by said notice to the clerk. Said notice shall be mailed not less than 45 days before the hearing, shall state the time and place of the hearing, the general nature of the improvement, the estimated total cost and the estimated cost to each member governmental unit. The Board may adjourn said hearing to obtain further information, may continue 22 G:\AdministTation\Council\Upcomi1g Council iterns\SCWM JPA Resolution 150427\Additional information\Asnended Shingle Creek WA - SH220-I - 240689v3 March 2015.doc said hearing pending action of the member governmental units or may take such other action as it deems necessary to carry out the purposes of this Commission. To order the improvement, in accordance with the powers and duties established in Article VI, Subdivisions 7, 8 and 9, a resolution setting forth the order for a capital improvement project shall require a favorable vote by two-thirds of all eligible votes of the then existing Board of the Commission. In all cases other than for capital improvement projects, a majority vote of all eligible members of the Board shall be sufficient to order the work. The order shall describe the improvement, shall allocate in percentages the cost allocation between the member governmental units, shall designate the engineers to prepare plans and specifications, and shall designate the member who will contract for the improvement in accordance with Subdivision 7 of this Article. After the Board has ordered an improvement it shall forward to all member governmental units an estimated time schedule for the construction of said improvement. The Board shall allow an adequate amount of time, and in no event less than 45 days, for each member governmental unit to conduct hearings, in accordance with the provisions of the aforestated Chapter 429, or the charter requirements of any city, or to ascertain the method of financing, which said member governmental unit utilize to 23 G:\Adninistration\Council\_Upconiing Council items\SCWM JPA Resolution 150427\Mditional information\Amended Shingle Creek JPA - SH220-1 - 2406890 March 2015.doc pay its proportionate share of. the costs of the improvement. Each member governmental unit shall ascertain within a period of 90 days the method it shall use to pay its proportionate share of the costs. If the Commission proposes to utilize Hennepin County's bonding authority as set forth in Minnesota Statutes, Section 103B.251, or if the Commission proposes to certify all or any part of a capital improvement to Hennepin County for payment, then and in that event all proceedings shall be carried out in accordance with the provisions set forth in said Section 103B.251. Subdivision 5. The Board shall not order and no engineer shall be authorized by. the Board to prepare plans and specifications before the Board has adopted a resolution ordering the improvement. The Board may order the advertising for bids upon receipt of notice from each member governmental unit who will be assessed that it has completed its hearing or determined its method of payment or upon expiration of 90 days after the mailing of the preliminary report to the members. Subdivision 6. Any member governmental unit being aggrieved by the determination of the Board as to the allocation of the costs of said improvement shall have 30 days after the commission resolution ordering the improvement to appeal said determination. Said appeal shall be in writing and shall be addressed to the Board asking for arbitration. The 24 G:\Adiniristration\Council\_Upcoinin.- Council items'CWM WA Resolution 150427\Additional infomsation\Amended Shingle Creek JPA - SH220-1 - 2406890 March 2015.doc determination of the member's appeal shall be referred to a Board of Arbitration. The Board of Arbitration shall consist of three.persons; one to be appointed by the Board of Commissioners, one to be appointed by the appealing member governmental unit, and the third to be appointed by the two so selected. In the event the two persons so selected do not appoint the third person within 15 days after their appointment, then the Chief Judge of the District Court of Hennepin County shall have jurisdiction to appoint, upon application of either or both of the two earlier selected, the third person to the Board. The third person selected shall not be a resident of any member governmental unit and if appointed by the Chief Judge said person shall be a registered professional engineer. The arbitrators' expenses and fees, together with the other expenses, not including counsel fees, incurred in the conduct of the arbitration shall be divided equally between the Commission and the appealing member. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Chapter 572 of the Minnesota Statutes. Subdivision 7. Contracts for Improvements. All contracts which are to be let as a result of the Board's order to construct, repair, alter, reclaim or change the course or terminus of any ditch, drain, storm sewer, or watercourse, or to acquire, operate, construct or maintain dams, dikes, reservoirs or their appurtenances or to carry out any of the other provisions of 25 G:\Administration\Cotmcil\_Upcoming Council iterns\SCWM JPA Resolution 150427\Additional information\Amended Shingle Creek JPA - SH220-1 - 240689v3 March 2015.doc the plan as authorized by Minnesota Statutes and for which two or more member governmental units shall be responsible for the costs, shall be let in accordance with the provisions of Section 429.041 of the Minnesota Statutes. The bidding and contracting of said work shall be let by any one of the member governmental units, as ordered by the Board of Commissioners, after compliance with the statutes. All contracts and bidding procedures shall comply with all the requirements of law applicable to contracts let by a statutory city in the State of Minnesota. The Commission shall not have the authority to contract in its own name for any improvement work for which a special assessment will be levied against any private or public property under the provisions of Chapter 429 or under the provisions of any City charter. This section shall not preclude the Commission from proceeding under Minnesota Statutes, Section 103B.251. Subdivision 8. Contracts with Other Governmental Bodies. The Commission may exercise the powers set forth in Article VI, Subdivision 7, but said contracts for a capital improvement shall require a favorable vote of two-thirds majority of the eligible votes of the then existing members of the Commission. Subdivision 9. Supervision. All improvement contracts awarded under the provisions of Subdivision 7 of this Article shall be supervised by the member governmental unit awarding said contract or said member governmental unit may contract or 26 G:\Adrninistration\Counci1\_Upcoiniig Council items\SCWM JPA Resolution 150427\Additional information\Amended Shingle Creek JPA - SH220-1 - 240689v3 March 2015.doc appoint any qualified staff member or members of the Commission to carry out said supervision, but each member agrees that the staff of this Commission shall be authorized to observe and review the work in progress and the members agree to cooperate with the Commission staff in accomplishing the purposes of this Commission. Representatives of the Commission shall have the right to enter upon the place or places where the improvement work is in progress for the purpose of making reasonable tests and inspections. The staff of this Commission shall report, advise and recommend to the Board on the progress of said work. Subdivision 10. Land Acquisition. The Commission shall not have the power of eminent domain. The member governmental units agree that any and all easements or interest in land which are necessary will be negotiated or condemned in accordance with Chapter 117 of the Minnesota Statutes by the unit wherein said lands are located, and each member agrees to acquire the necessary easements or right of way or partial or complete interest in land upon order of the Board of Commissioners to accomplish the purposes of this agreement. All reasonable costs of said acquisition shall be considered as a cost of the improvement. If a member governmental unit determines it is in the best interests of that member to acquire additional lands, in conjunction with the taking of lands for storm and surface drainage or storage, for some other purposes, the costs of said acquisition will not be included in the improvement 27 G:\Adrninistration\Council\_Upcoming Council items\SCWM JPA Resolution 150427\Additional information\Amended Shingle Creek JPA - SI-1220-1 - 2406890 March 2015.doc costs of the ordered project. The Board in determining the amount of the improvement costs to be assessed to each member governmental unit may take into consideration the land use for which said additional lands are being acquired and may credit the acquiring municipality for said land acquisition to the extent that it benefits the other members of this agreement. Any credits may be applied to the cost allocation of the improvement project under construction or the Board if feasible and necessary may defer said credits to a future project. If any member unit refuses to negotiate or condemn lands as ordered by the Board, any other member may negotiate or condemn outside its corporate limits in accordance with the aforesaid Chapter 117.All members agree that they will not condemn or negotiate for land acquisition to pond or drain storm and surface waters within the corporate boundaries of another member within the Shingle Creek Watershed except upon order of the Board of this Commission. The Commission shall have authority to establish land acquisition policies as a part of the overall plan. The policies shall be designed to equalize costs of land throughout the Watershed. Subdivision 11. Pollution Control and Water Quality. The Commission shall have the authority and responsibility to protect and improve water quality in the watershed as this is one of 28 G:\Administration\Council\Upcomhig Council iterns'SCWM JPA Resolution 150427\Additional information\Ansended Shingle Creek WA - SH220-1 - 240689v3 March 2015.doc the main purposes set forth in the Surface Water Management Act. All member governmental units agree that they will refuse to allow the drainage of sanitary sewage or industrial wastes onto any lands or into any watercourse or storm sewer draining into Shingle Creek. The Board may investigate on its own initiative and shall investigate upon petition of any member all complaints relating to pollution of surface water or groundwater draining to or affecting Shingle Creek or its tributaries. Upon a finding that the creek or surface waters or groundwaters are being polluted, the Board shall order the member governmental unit to abate this nuisance and each member agrees that it will take all reasonable action available to it under the law to alleviate the pollution and to assist in protecting and improving the water quality of surface water and groundwater in the watershed. Subdivision 12. Local Water Management Plans. The Commission shall have power and authority to review the members' local water management plans, capital improvement programs and official controls required by Minnesota Statutes Section 103B.235 and/or by rules promulgated and adopted by the Board of Water and Soil Resources. The members also understand that the overall plan and capital improvement program required for the entire watershed must consist of the local parts in the plan and therefore every effort shall be made by the Commission to coordinate the local plans with the watershed's overall plan. The 29 G:\Administration\Council\_Upcoming Council items\SCWM JPA Resolution 150427\Additional information\Arnended Shingle Creek JPA - SH220-1 - 240689v3 March 2015.doc members further understand and agree that upon completion and approval of the overall plan required by Minnesota Statutes 103B.231, each member will be required to present their local management plan to the Commission as required by Minnesota Statutes, Section 103B.235. It is therefore important that each member provide the Commission with their best effort to coordinate and plan for the individual member's local plan at the same time the watershed overall plan is being assembled. FINANCES VIII. Subdivision 1. The Commission funds may be expended by the Board in accordance with this agreement and in accordance with the procedures as established by law and in the manner as may be determined by the Board. The Board shall designate one or more national or state bank or trust companies, authorized by Chapters 118 and 427 of the Minnesota Statutes to receive deposits of public moneys and to act as depositories for the Commission funds. In no event shall there be a disbursement of Commission funds without the signature of at least two Board members, one of whom shall be the Treasurer or the Treasurer's Authorized Deputy Treasurer. The Treasurer shall be required to file with the Secretary of the Board a bond in the sum of at least $10,000 or such higher amount as shall be determined by 30 G:\Adininistration\Coundil\_lJpcorningCouncil items\SCWM JPA Resolution 150427\Additional information\Ansended Shingle Creek JPA - SH220-1 - 2406890 March 2015.doc the Board. The Commission shall pay the premium on said bond. Subdivision 2. Each member agrees to contribute each year to a general fund, said fund to be used for general administration purposes including, but not limited to: salaries, rent, supplies, development of an overall plan, engineering and legal expenses, insurance, and bonds, and to puchase and maintain devices to measure hydrological and water quality data. Said funds may also be used for normal maintenance of the facilities, but any extraordinary maintenance or repair expense shall be treated as an improvement cost and processed in accordance with Subdivision 5 of this Article. The annual contribution by each member shall be based fifty percent (50%) on the net tax capacity of all property within the Watershed and fifty percent (50%) on the basis of the total area of each member within the boundaries of the watershed each year to the total area in the Shingle Creek Watershed. Subdivision 3. (a) An improvement fund shall be established for each improvement project instituted under Article VII, Subdivision 3. Each member agrees to contribute to said fund its proportionate share of the engineering, legal and administrative costs as determined by the Commission as the amount to be assessed against each member as a cost of the improvement. The Board shall submit in writing a statement to each member, setting 31 G:\Adiniiiistration\Council\_Upcoming Council iterns'SCWM JPA Resolution 150427\Additional information\Amended Shingle Creek JPA - SI-1220-1 - 240689v3 March 2015doc forth in detail the expenses incurred by the Commission for each project. Each member further agrees to pay to or contract with the member governmental unit awarding said contract for the improvement, its proportionate share of the cost of the improvement in accordance with the determination of the Board under Article VII, Subdivision 4. The member awarding the contract shall submit in writing copies of the engineer's certificate authorizing payment during construction and the member being billed agrees to pay its proportionate share of said improvement costs within 30 days after receipt of the statement. The member awarding the contract shall advise other contributing members of the tentative time schedule of the work and the estimated times when the contributions shall be necessary. (b) Notwithstanding the provisions of paragraph (a) of this subdivision, the Commission may by a vote of 2/3rds of all eligible votes of the then existing members of the Commission decide to proceed to fund all or any part of the cost of a capital improvement contained in the capital improvement program of the plan pursuant to the authority and subject to the provisions set forth in Minnesota Statutes, Section 103B.251. It is expressed as a goal of this Agreement that cost sharing of capital improvement costs be assigned and agreed to by members 32 G:\Adininistration\Couneil\Upcomiisg Council items\SCWM JPA Resolution 150427\Additional infornsation\Amended Shingle Creek WA - SH220-1 - 2406890 March 2015.doc pursuant to Article VIII, Subdivision 7, Subsections 1 and 2 of this Agreement. Without such agreement, all improvements will be constructed pursuant to Minnesota Statutes, Section 103B.251. The Commission and Hennepin County may establish a maintenance fund to be used for normal and routine maintenance of an improvement constructed in whole or in part with money provided by Hennepin County pursuant to Minnesota Statutes, Section 103B.251. The levy and collection of an ad valorem tax levy for maintenance shall be by Hennepin County based upon a tax levy resolution adopted by a majority vote of all eligible members of the Commission and remitted to the County on or before the date prescribed by law each year. If it is determined to levy for maintenance, the Commission shall be required to follow the hearing process established by Minnesota Statutes, Sections 103D.915 and 103D.921 and acts amendatory thereof and in addition thereto. Mailed notice shall be sent to the Clerk of each member municipality at least 30 days prior to the hearing. Subdivision 4. on or before July 1 of each year, the Board shall adopt a detailed budget for the ensuing year and decide upon the total amount necessary for the general fund. Budget approval shall require a favorable vote by a majority of all eligible votes of the then existing members of the Board. The secretary of the Board shall certify the budget on or before July 1 to the clerk of each member governmental unit 33 G:\Adininistration\Council\_Upcoiiiing Council items\SCWM WA Resolution 150427\Additional infonnation'Amended Shingle Creek WA - SH220-1 - 240689v3 March 2015doc together with a statement of the proportion of the budget to be provided by each member. The Council of each member agrees to review the budget, and the Board shall upon written notice from any member received prior to August 1, hear objections to the budget, and may, upon notice to all members and after a hearing, modify or amend the budget, and then give notice to the members of any and all modifications or amendments. Subject to the limitations of Subdivision 5 below, each member agrees to provide the funds required by the budget. If no objections are submitted to the Board, each member agrees to provide the funds approved by the Board, after the Board has conducted the aforementioned hearing. Modifications or amendments to the original budget require a favorable vote by a majority of all eligible voters of then existing members of the Board. The schedule of payments by the members shall be determined by the Board in such a manner as to provide for an orderly collection of the funds needed. Subject to the limitations of Subdivision 6 below, upon notice and hearing, the Board by a favorable vote of a majority of all eligible votes of then existing members may adopt a supplemental budget requiring additional payments by the members within 60 days of its adoption but in no event shall the budget 34 G:\Administration\Coundil\_Upcoming Council iteins\SCWM JPA Resolution 150427\Additional information\Amencled Shingle Creek JPA - SH220-1 - 240689v3_March 2015.doc require any member to contribute in excess of one-half of one percent of the net tax capacity of all taxable property within the watershed or within any member's corporate boundaries in any one calendar year. Members' attention is drawn to Minnesota Statutes, Section 103B.245, which authorizes a Watershed Management Tax District to be created within each member City to pay the costs of planning and for the purpose of paying capital costs and/or normal and routine maintenance of facilities. Subdivision 5. Assessments levied against Member Cities for general fund purposes are subject to all of the following limitations: 1. Assessment Cap. A. Definition. For purposes of this subdivision, the term "Assessment Cap" means the total amount that the Commission may levy against Member Cities for general fund purposes in any year without the consent of a majority of Member Cities. The Assessment Cap for 2004 is $262,750. Thereafter, the Assessment Cap will increase or decrease each year based, pro rata, on the annual change in the consumer price index (U.S. City Average, All Items, All Urban Consumer) to the end of the second quarter of the preceding year. (For example, the Assessment Cap for 2005 will be adjusted on the basis of the change in the CPI from the end of the second quarter of 2003 to 35 G:\Administration\Council\_Upcoining Council items\SCWM JPA Resolution 150427\Additional infonnation\Aniended Shingle Creek JPA - 55220-1 - 240689v3 March 2015doc the end of the second quarter of 2004.) B. Limitation and City Consent. The Commission may levy an amount for general fund purposes in excess of the Assessment Cap only with the consent of a majority of Member Cities expressed by resolutions duly adopted by the city councils before September 1st of the preceding year. The Commission may request authority to exceed the Assessment Cap for one or more years. If a majority of Member Cities do not consent to the levy of an assessment in excess of the Assessment Cap, the Commission may levy an amount up to the Assessment Cap and the Commission will make necessary changes to the budget. 2.Limitation on Increase of Assessment. The Commission may not assess a total levy against Member Cities for general fund purposes in any year in an amount that exceeds 120% of the previous years' assessment without the consent of a majority of the Member Cities given in the same manner as described in paragraph lB above. 3.Limitation Based on Tax Capacity. The Commission may not assess a levy or combination of levy and supplemental levies against the Member Cities for general fund purposes in any one year that requires any member to contribute an amount in excess of one-half of one percent of the net tax capacity of that portion of the city lying within the Watershed. 36 G:\Administration\Council\_Upcoming Council items\SCWM JPA Resolution I50427\Additional information\Aniended Shingle Creek JPA - SI-l220-1 - 240689v3 March 2015.doc Subdivision 6. Supplemental Budget and Limit on Assessment. The Board may adopt a supplemental budget in accordance with Subdivision 4. However, the amount assessed against the Member Cities for general fund purposes, when added together with other assessments for general fund purposes for the same year, may not exceed the limitations on assessments set forth in Subdivision 5 without the consent of the Member Cities. The consent of the Member Cities shall be secured in the same manner as is provided in Subdivision 5, except that the September 1 deadline for Member City approval does not apply. Subdivision 7. Cost Allocation for Capital Projects. The Commission shall apportion to the respective members on either (1), (2) or (3) of the following bases: (1)A negotiated amount to be arrived at by the members who have lands in the subdistrict responsible for the capital improvement. (2)(a) Fifty percent of all capital costs or the financing thereof shall be apportioned to each member on the basis of the net tax capacity of each member within the boundaries of the watershed to the total net tax capacity in the Shingle Creek Watershed area governed by this Agreement. 37 G:\Administration\Council\ Upcoming Council items\SCWM JPA Resolution 150427\Additional information\Amended Shingle Creek JPA - SH220-1 2406890Marc1s 201 5.doc (b)Fifty percent of all capital costs or the financing thereof shall be apportioned to each member on the basis of the total area of each member within the boundaries of the watershed each year to the total area in the Shingle Creek Watershed governed by this Agreement. (c)Capital costs allocated under the. 50% area/50% net tax capacity formula herein set forth may be varied by the Commission by a 2/3rds vote if: (1)any member community receives a direct benefit from the capital improvement which benefit can be defined as a lateral as well as a trunk benefit, or (2)the capital improvement provides a direct benefit to one or more members which benefit is so disproportionate as to require in a sense of fairness a modification in the 50/50 formula. (d) Credits to any member for lands acquired by said member to pond or store storm and surface water shall be allowed against costs set forth in Subsections (a), (b) and (c) of this Section. (3) If agreement is not reached to proceed as set forth in Subsection 1 or 2 of this Subdivision and if the 38 Q:\Administration\Council\_Upcoming Council items\SCWM JPA Resolution 150427\Additional information\Amended Shingle Creek JPA - SH220-1 - 240689v3 March 2015.doc project is constructed and financed pursuant to Minnesota Statutes, Section 103B.251, the members understand and agree that said costs will be levied on all taxable property in the watershed as set forth in the statute. MISCELLANEOUS PROVISIONS Ix. Subdivision 1. The Commission shall not have the power to issue certificates, warrants or bonds. Subdivision 2. The Commission shall not have the power of eminent domain and shall not own any interest in real property. All Interests in lands shall be held in the name of the corporate member wherein said lands are located. Subdivision 3. The Commission shall not have the power to levy a special assessment upon any privately or publicly owned land. All such assessments shall be levied by the member wherein said lands are located. It shall have the power to require any member to contribute the costs allocated or assessed according to the other provisions of this agreement. Subdivision 4. Each member agrees that it will not directly or indirectly collect or divert any additional surface water to Shingle Creek or its tributaries without a permit from the Board of Commissioners. Permits may be granted by the Board for a 39 G:\Adiniriistration\Cotincil\_Upconiing Council items\SCWM JPA Resolution 150427\Additional information\Amended Shingle Creek JPA - SH220-1 - 240689v3 March 2015.doc member to proceed with the construction or reconstruction of improvements within the individual corporate members! boundaries and at its sole cost upon a finding: (1)that there is an adequate outlet; and (2)that said construction is in conformance with the overall plan; and (3) that the construction will not adversely affect other members of this agreement. Subdivision 5. Any member who is more than 60 days in default in contributing its share to the general fund shall have the vote of its Board - member suspended pending the payment of its proportionate share. Any member who is more than 60 days in default in contributing its proportionate share of the cost of any improvement to the contracting member shall upon application of the contracting member have the vote of its Board member suspended, pending the payment of its proportionate share. Any Board member whose vote is under suspension shall not re considered as an eligible member as such membership affects the number of votes required to proceed on any matter under consideration by the Board. Subdivision 6. Enforcement. Members agree to be bound by the determination of the Commission and to agree to use their best efforts to carry out directives from the Commission; failure to respond 40 G:\Adrninistration\Council\_Upcoming Council items'SCWM JPA Resolution 150427\Additional inforrnation\Ansended Shingle Creek JPA - SH220-1 - 240689v3 March 2015.doc may result in a legal action by the Commission to require the member to act under a court order. DURATION X. Subdivision 1. Each member agrees to be bound by the terms of this agreement until January 1, 2025, and it may be continued thereafter at the option of the parties. Subdivision 2. This agreement may be terminated prior to January 1, 2025, by the unanimous consent of the members. If the agreement is to be terminated, a notice of the intent to dissolve the Commission shall be sent to the Board of Water and Soil Resources and to Hennepin County at least 90 days prior to the date of dissolution. Subdivision 3. In addition to the manner provided in Subdivision 2 for termination, any member may petition the Board to dissolve the Agreement. Upon 90 days notice in writing to the clerk of each member governmental unit and to the Board of Water and Soil Resources and to Hennepin County, the Board shall hold a hearing and upon a favorable vote by a majority of all eligible votes of then existing Board members, the Board may by Resolution recommend that the Commission be dissolved. Said Resolution shall be submitted to each member governmental unit and if ratified by three-fourths of the councils of all eligible members within 60 days, 41 G:\Administration\Council\_Upcoming Council iteths\SCWM JPA Resolution 150427\Additional information\Ainended Shingle Creek JPA - SH220-1 - 2406890 March 2015.doc said Board shall dissolve the Commission allowing a reasonable time to complete work in progress and to dispose of personal property owned by the Commission. DISSOLUTION XI. Upon dissolution of the Commission, all property of the Commission shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the eligible members of the Commission. Such distribution of Commission assets shall be made in proportion to the total contribution to the Commission as required by the last annual budget. EFFECTIVE DATE XII. This agreement shall be in full force and effect upon the filing of a certified copy of the resolution approving said agreement by all nine members for the Shingle Creek Watershed. Said resolution shall be filed with the Chairperson of the existing Shingle Creek Watershed Management Commission, who shall notify all members in writing of its effective date. The effective date of the new amended Joint Powers Agreement shall be when approved by all the Cities and when the Mayor and other authorized City representatives have executed the amended Agreement. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this agreement to be executed in accordance with the authority of Minnesota Statutes, 42 G:\Adrninistration\Couneil\_Upcoming Council items\SCWM JPA Resolution 150427\Additional information\Amended Shingle Creek JPA - SH220-1 - 240689v3 March 2015.doc Sections 103B.211 and 471.59. Seal: Dated: Seal: Dated: Seal: Dated: City of Brooklyn Center By: Mayor ATTEST: City Clerk City of Brooklyn Park By: Mayor ATTEST: City Clerk City of Crystal By: Mayor ATTEST: City Clerk By: City Manager 43 G:\Adininistration\Council\_Upcoinin.g Council items\SCWM JPA Resolution 150427'Additional infonoation\Amended Shingle Creek JPA SH220-1 - 2406890 March 2015.doc Seal: Dated: Seal: Dated: Seal: Dated: City of Maple Grove By: Mayor ATTEST: City Clerk City of Minneapolis By: Mayor ATTEST: City Clerk City of New Hope By: Mayor ATTEST: City Clerk 44 G:\Administration\Council\_Upcoining Council items\SCWM JPA Resolution 150427\Additional inforsnation\Arnended Shingle Creek WA - SF1220-1 - 2406890 March 2015.doc Seal: Dated: Seal: Dated: Seal: Dated: City of Osseo By: Mayor ATTEST: City Clerk City of Plymouth By: Mayor ATTEST: City Clerk City of Robbinsdale By: Mayor ATTEST: City Clerk 45 G:\Adniinistration\Council\_Upconiing Council items\SCWM JPA Resolution 150427\Additional information\Amended Shingle Creek WA - SH220-1 - 240689v3 March 2015.doc AMENDED JOINT AND COOPERATIVE AGREEMENT FOR THE ESTABLISHMENT OF A WEST MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT OF THE WEST MISSISSIPPI WATERSHED PREFACE The Upper Mississippi River Watershed lying West of the Mississippi River is a small isolated minor watershed that is basically a direct tributary to the Mississippi River. It encompasses parts of the following cities: Champlin, Brooklyn Center, Brooklyn Park, Maple Grove, Minneapolis, Osseo. A very small section of the Upper Mississippi Watershed as defined by the Metropolitan Council is in the City of Dayton but it is not proposed that said area be annexed to or governed by this Agreement. The southerly boundary of the West Mississippi River Watershed can reasonably be established on the Brooklyn Center/Minneapolis corporate line (i.e. - the centerline of 53rd Avenue North) and the small area of the Upper Mississippi Watershed in Minneapolis can be joined to the Middle Mississippi River Watershed and be planned and controlled by the Watershed Management Organization being established for the Middle Mississippi area. Minnesota Laws of 1982, Chapter 509, mandated that all watersheds within the seven county Metropolitan area must be governed by a watershed management organization and said law has been G:\Adrninistration\Council\_Upcoming Council items\SCWM JPA Resolution 150427\Additional information\Amended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc amended and is now codified as Minnesota Statutes 1992, Sections 103B.201 through 103B.251. The Watershed is authorized to organize under a joint powers agreement pursuant to Minnesota Statutes, Section 471.59 and Section 103B.211 or if such an organization is not created, Hennepin County shall petition for the establishment of a watershed district under Minnesota Statutes, Chapter 103D. All the cities in the West Mississippi Watershed have expressed a desire to proceed with a joint powers organization to establish a Watershed Management Organization which will comply with the law for management of this isolated minor watershed with drainage directly to the Mississippi River, excluding the small area in Minneapolis. It is the belief of these five cities that it will provide more efficient planning and administration if the West Mississippi River Watershed is planned and administered under a joint powers agreement. It has been determined by the five cities involved in the watershed that they desire to proceed under a Joint Powers Agreement rather than under Chapter 103D as a watershed district. Each party to this agreement has been fully advised that the Watershed Management Organization being created shall have the powers and responsibilities set forth in the Metropolitan Surface Water Management Act, Minnesota Statutes Sections 473.875 to 473.883, 103B.201 through 103B.251 and as amended by this Agreement. It is further understood and 2 G:\Administration\Council\lJpcorning Council items\SCWM JPA Resolution 150427\Additional ixsfonnation\Asnended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc agreed that it is the intent of this agreement to assign to the watershed management organization, which has operated since 1984, the additional powers and duties assigned by the Minnesota legislature. The management of water resources is a rapidly changing field and new laws and regulations are being adopted and amended frequently and it should not be necessary to amend this agreement every time the legislature enacts a new law. Each member further recognizes that this is a binding contract and failure to cooperate or to carry out a member's responsibilities will result in a breach of this contract. The purpose of this organization shall be to assist the five member West Mississippi Watershed cities to preserve and use natural water storage and retention systems to: 1.Protect, preserve, and use natural surface and groundwater storage and retention systems; 2.Minimize public capital expenditures needed to correct flooding and water quality problems; 3.Identify and plan for means to effectively protect and improve surface water and groundwater quality; 4.Establish more uniform local policies and official controls for surface water and groundwater management; 5. Prevent erosion of soil into surface water 3 G:\Adniinistration\Council\_Upcoming Council iteins\SCWM JPA Resolution 150427\Additional infornsation\Amended West Miss Joint Cooperative Apt WE405-1 - 240647v3 March 2015.doc systems; 6.Promote groundwater recharge; 7.Protect and enhance fish and wildlife habitat and water recreational facilities; and 8.Secure other benefits associated with the proper management of surface and ground water. 9.To promote and encourage cooperation among member cities in coordinating local surface water and groundwater plans and to be aware of their neighbor's problems and to protect the public health, safety, and general welfare. The West Mississippi Watershed waters flow through many subwatersheds directly to the Mississippi River. It is not anticipated that the West Mississippi Watershed will have many capital improvement projects; if they do, it is hereby expressed that the intent of this Agreement is to encourage that the solutions should be handled by agreements between the Cities involved. It is the intent of this Agreement to subject all five cities in the West Mississippi Watershed to a common set of policies and to comply in all respects with the provisions of the Metropolitan Surface Water Management Act. The purpose of this Preface is to clarify and establish for any court of review or any arbitrator or for the elected successors 4 G:\Administration\Council\_Upcoming Council items\SCWM JPA Resolution 150427\Additional infonnation'Amended Vest Miss Joint Cooperative Agt WE405-1 - 2406470 March 2015.doc to the representatives who have entered into this agreement the reasons and purpose for this joint and cooperative venture. The parties to this Agreement realize that the success or failure of the West Mississippi Watershed Organization created by this Agreement is dependent upon the sincere desire of each member City to cooperate in the exercise of a joint power to solve joint problems. Each party hereby agrees to be bound by this agreement and pledges its cooperation. 5 G:\Administration\Council\_Upconsing Council items\SCWM JPA Resolution 150427\Additisnal informstion\Ansended West Miss Joint Cooperative Agt WE405-1 - 2406470 March 2015.doc JOINT AND COOPERATIVE AGREEMENT The parties to this Agreement are governmental units of the State of Minnesota, all of which have lands which drain surface water within the West Mississippi Watershed and all of which have power and responsibility to construct, reconstruct, extend and maintain storm water management facilities to improve water quality, to promote ground water recharge, and to protect, promote and preserve water resources within the Watersheds. This agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes 1992, Section 103B.201 to and including Section 103B. 251. NAME Le The parties hereto create and establish the West Mississippi Watershed Management Commission. GENERAL PURPOSE II. The general purpose of this agreement is to provide an organization which can investigate, study, plan and control the construction of facilities to drain or pond storm waters, to alleviate damage by flood waters; to improve the creek channels for drainage; to assist in planning for land use; to repair, improve, relocate, modify, consolidate or abandon, in whole or in part, 6 G:\Administration\Council\_Upcorning Council iteins\SCWM JPA Resolution 150427\-Additional infonnation\Ainended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March20 15.doc drainage systems within the watershed area; to do whatever is necessary to assist in water conservation and the abatement of surface water and groundwater contamination and water pollution and the improvement of water quality; to promote ground water recharge; and to protect and enhance fish and wildlife habitat and water recreational facilities. In addition to the aforestated purposes, the organization hereby created shall serve as the Watershed Management Organization for the West Mississippi Watershed and shall carry out all of the duties and responsibilities outlined in Minnesota Statutes, Section 103B.201 through 103B.251, both inclusive. DEFINITIONS III. For the purposes of this Agreement, the terms used herein shall have the meanings as defined in this article. Subdivision 1. Commission" means the organization created by this agreement, the full name of which is "West Mississippi Watershed Management Commission." It shall be a public agency of its members and a watershed management organization as defined in Minnesota Statutes, Section 103B.211. Subdivision 2. "Board" means the board of commissioners of the Commission, consisting of one commissioner or one alternate commissioner from each of the governmental units which is a party to this agreement and which shall be the governing body of the 7 G:\Administration\Cosrndll\_Upcorning Council itenss\SCWM JPA Resolution 150427\Additional infonnation\Ansended West Miss Joint Cooperative Agt WE405-1 - 240647v3_March 2015.doc Commission. Subdivision 3. "Council" means the governing body of a governmental unit which is a member of this Commission. Subdivision 4. "Governmental Unit" means any city, county, or town. Subdivision 5. "Member" means a governmental unit which enters into this agreement. Subdivision 6. "West Mississippi Watershed" means the area generally contained within a line drawn around the extremities of all terrain whose surface drainage is tributary to the Mississippi River and within the mapped areas delineated on the map filed with the Board of Water and Soil Resources originally filed pursuant to Minnesota Statutes, 473.877, Subd. 2 and as now amended by Minnesota Statutes, Chapter 103B. MEMBERSHIP Iv. The membership of the Commission shall consist of all of the following governmental units: City of Brooklyn Center City of Brooklyn Park City of Champlin City of Maple Grove City of Osseo G:\Adininistration\Council\_Upcoming Council iterns\SCWM JPA Resolution 150427\Additional information\Ameuded West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc (The foregoing list is intended to include all governmental units which are presently partially or entirely within the West Mississippi Watershed to be controlled by this Agreement.) No change in governmental boundaries, structure or organizational status shall affect the eligibility of any governmental unit listed above to be represented on the Commission, so long as such governmental unit continues to exist as a separate political subdivision. BOARD OF COMMISSIONERS V. Subdivision 1. The governing body of the Commission shall be its Board. Each member shall be entitled to appoint one representative on the board, and one alternate who may sit when the representative is not in attendance and said representative or alternate representative shall be called a "Commissioner". Subdivision 2. The council of each member shall determine the eligibility or qualification of its representative on the Commission but the terms of each Commissioner shall be as established by this agreement. Subdivision 3. The term of each Commissioner and Alternate Commissioner appointed by each member shall be three years and until their successors are selected and qualify and shall commence on February 1, except that the terms of the Commissioners first appointed shall commence from the date of their appointment and shall 9 G:'Adininistration\Council\_Upcorning Council items'SCWM JPA Resolution 150427\Additional infornsation\Amended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015,doc terminate as follows: a.The Commissioners appointed by the Cities of Brooklyn Center and Brooklyn Park shall terminate on February 1, 1994. b.The Commissioners appointed by the Cities of Champlin and Maple Grove shall terminate on February 1, 1995. C. The Commissioner appointed by the City of Osseo shall terminate on February 1, 1996. Any vacancy shall be filled for the unexpired term of any Commissioner by the council of the governmental unit of the member who appointed said Commissioner. The Commission shall notify the Board of Water and Soil Resources of member appointments and vacancies within 30 days after the Commission is notified by a member. Each member agrees to publish a notice of vacancies resulting from the expiration of a Commissioner or Alternate Commissioner's term or where a vacancy exists for any reason. Publication and notice should be in accordance with Minnesota Statutes, Section 103B.227, Subds. 1 and 2, as they now exist or as subsequently amended. Subdivision 4. The council of each member agrees that its representative commissioner will not be removed from the Board prior to the expiration of the Commissioner's term, unless said Commissioner consents in writing or unless said council has presented the Commissioner with charges in writing and has held a 10 G:\Adrninistration\Council\_Upcoming Council iteins\SCWM JPA Resolution 150427\Additional information\Amended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc public hearing after reasonable notice to the Commissioner. A member may remove a Commissioner of an Alternate Commissioner for just cause or for violation of a Code of Ethics of the Commission or a member City, or for malfeasance, nonfeasance, or misfeasance. Said hearing shall be held by the Member City Council who appointed the Commissioner. A Commissioner who is an elected official of a Member City who is not reelected may be removed by the appointing Member City at the Member's discretion. Any decision by a Member to remove a Commissioner may be appealed to the Board of Water and Soil Resources. A certified copy of the Council's Resolution removing said Commissioner shall be filed with the Secretary of the Board of Commissioners and shall show compliance with the terms of this section. Subdivision 5. Each member shall within 30 days of appointment file with the Secretary of the Board of Commissioners a record of the appointment of its Commissioner and its Alternate Commissioner. The Commission shall notify -the Board of Water and Soil Resources of member appointments and vacancies within 30 days after receiving notice from the member. Members shall fill all vacancies within 90 days after the vacancy occurs. Subdivision 6. Commissioners shall serve without compensation from the Commission, but this shall not prevent a governmental unit from providing compensation for its Commissioner for serving on the board, if such compensation is 11 G:\Adniinistration\CounciI\Upcomiig Council ilems\SCWM JPA Resolution 150427\Additional information\Amended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc authorized by such governmental unit and by law. Commission funds may be used to reimburse a Commissioner or Alternate Commissioner for expenses incurred in performing Commission business and if authorized by the Board. Subdivision 7. At the first meeting of the Board and in February of each year thereafter, the Board shall elect from its Commissioners a Chair, a Vice Chair, a Secretary, a Treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. At the organizational meeting or a soon thereafter as it may be reasonably done, the Commission shall adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Commission provided that a ten day prior notice of the proposed amendment has been furnished to each person to whom notice of the Board meetings is required to be sent; a majority vote of all eligible votes of the then existing members of the Commission shall be sufficient to adopt any proposed amendment to such rules and regulations. The Board shall notify each member City of the location and time of regular and special meetings called or established by the Board. A meeting shall be held at least annually, and all meetings shall be called and open to the public pursuant to Minnesota Statutes, Section 471.705 or as amended. 12 G:\Administration\Coimcil\_Upcorning Council items\SCWM JPA Resolution 150427\Additional information\Amended West Miss Joint Cooperative Agt WE405-1 - 2406470 March 2015.doc POWERS AND DUTIES OF THE BOARD ktpa Subdivision 1. The Commission, acting by its duly appointed Board of Commissioners, shall as it relates to flood control, water quality, ground water recharge and water conservation or in the construction of facilities and other duties as set forth in Chapter 103B, Minnesota Laws of 1992, and in Rules and Regulations of the Board of Water and Soil Resources, have the powers and duties set out in this article and as prescribed by law. Subdivision 2. It may employ such persons as it deems necessary to accomplish its duties and powers. Any employee may be on a full time, part-time or consulting basis as the Board determines and shall be considered Commission staff. Subdivision 3. It may contract for space and for material and supplies to carry on its activities either with a member or elsewhere. Subdivision 4. It may acquire necessary personal property to carry out its powers and its duties. Subdivision 5. It shall develop an overall plan containing a capital improvement program within a reasonable time after qualifying, and said plan shall meet all of the requirements as established in Minnesota Statutes, Section Chapter 103B. Said overall plan shall establish a comprehensive goal for the development of the West Mississippi Watershed and shall establish a 13 G:\Adininistration\Cotincil\_Upeoniing Council iterns\SCWM WA Resolution 150427\Additional information'.Amended \Vest Miss Joint Cooperative Agt WE405-1 -240647v3 March 2015.doc proposed procedure for accomplishing the purposes of the organization as set forth in Article II. In preparing the overall plan, the Board may consult with the engineering and planning staff of each member governmental unit. It may consult with the Metropolitan Council and other public and private bodies to obtain and consider projections of land use, population growth, and other factor which are relevant to the improvement and development of the West Mississippi Watershed. Said overall plan shall include the location and adequacy of the outlets or outfalls of subtrunks and subdistricts within the West Mississippi Watershed. The plan shall include the quantity of storage facilities and the sizing of an adequate outlet for all subtrunk, subdistrict and branch lateral storm sewers. The plan shall comply with state statutes and regulations promulgated and adopted by the Board of Water and Soil Resources. Upon completion of the overall plan or amendment thereto, each member shall be supplied with a copy of the proposed plan and the plan shall be submitted for review and comment as required by state law and regulations. All governmental units which expect that substantial amendment of its local comprehensive plan will be necessary in order to bring their local water management into conformance with the Commission's watershed plan shall describe as specifically as possible, the amendments to the local plan which it expects will be necessary. The Commission shall hold a public hearing 14 G:\Administration\Council\_Upcoming Council items'SC\VM JPA Resolution 150427\Mditional inforination\Amended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc after 60 days mailed notice to the clerk of each member governmental unit. The mailed notice of the hearing shall be sent at the same time the plan is submitted to the members and to other governmental agencies. After such public hearing, the board shall prescribe the overall plan which shall be the outline for future action by the Commission. The Commission shall then submit the plan, any comments received and any appropriate amendments to the plan to the Board of Commissioners of Hennepin County. The County shall approve or disapprove projects in the capital improvement programs which may require the provision of county funds pursuant to Minnesota Statutes Section 103B.251 or 103D.901. The County shall have 60 days to complete its review. If the County fails to complete its review within 60 days the plan and capital improvement programs shall be deemed approved. After completion of the review by Hennepin County, the plan and capital improvement programs shall be submitted to the Metropolitan Council for its review. After completion of the review by the Metropolitan Council pursuant to Minnesota Statutes, Section 103B.231, Subd. 8, the Commission shall submit the plan to the Minnesota Commissioner of Natural Resources and the Minnesota Pollution Control Agency for review and comment on the consistency of the plan with state laws and rules relating to water and related land resources and to the Board of Water and Soil Resources for review as 15 G:\Administration\Council\_Upcoining Council items\SCWM JPA Resolution 150427\Additional information\Amended West Miss Joint Cooperative Apt WE405-1 - 240647v3 March 2015.doc provided in Minnesota Statutes,Section 103B.231, Subd.9. After return of the plan, a copy of the plan shall be submitted to each of the members together with all comments of the reviewing authorities. The Commission shall wait for at least 30 days for comments from its members. The Commission shall adopt the overall plan within 120 days after approval of the plan by the Board of Water and Soil Resources. The Commission shall then implement the approved plan and approved capital improvement program by resolution of the Commission as hereinafter set forth. The adoption of said overall plan shall be only upon a favorable vote of a majority of all eligible votes of the then existing members of the Commission for the West Mississippi Watershed. A copy of the adopted plan shall be filed with the clerk of each member governmental unit. Upon notice and hearing as provided for in adopting the overall plan, said plan may be amended by the Board on its own initiative or on the petition of any member governmental unit. The review provisions set forth in this section are those required by Minnesota Statutes, Section 103B.231. If the law is amended, approvals shall be as required by law and the provisions contained in this section shall be amended accordingly. Subdivision 6. It shall make necessary surveys or utilize other reliable surveys and data and develop projects to accomplish the purposes for which the Commission is organized. 16 G:\Administration\Couticit\_Upcoming Council items\SCWM JPA Resolution 150427\Additional infonnation\Ainended West Miss Joint Cooperative Agt WE4051 - 2406470 March 2015.doc Subdivision 7. It may cooperate or contract with the State of Minnesota or any subdivision thereof or federal agency or private or public organization to accomplish the purposes for which it is organized. Subdivision 8. It may order any member governmental unit or units to construct, clean, repair, alter, abandon, consolidate, reclaim or change the course or terminus of any ditch, drain, storm sewer, or water course, natural or artificial, within the West Mississippi Watershed. Subdivision 9. It may order any member governmental unit or units to acquire, operate, construct or maintain dams, dikes, reservoirs and appurtenant works or other improvements necessary to implement the overall plan. Subdivision 10. It shall regulate, conserve and control the use of storm and surface water and groundwater within the Watershed. Subdivision 11. It may contract for or purchase such insurance as the board deems necessary for the protection of the Commission. Subdivision 12. It may establish and maintain devices for acquiring and recording hydrological and water quality data within the Watershed. Subdivision 13. It may enter upon lands within or without the watershed to make surveys and investigations to accomplish the purposes of the Commission. The Commission shall be liable for actual damages resulting therefrom but every person who claims 17 G:\Administratiori\Council\_Upcomirig Council items\SCWM JPA Resolution 150427\Additional infonnation\Aniended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc damages shall serve the Chair or Secretary of the Board of Commissioners with a Notice of Claim as required by Chapter 466.05 of the Minnesota Statutes. Subdivision 14. It shall provide any member governmental unit with technical data or any other information of which the Commission has knowledge which will assist the governmental unit in preparing land use classifications or local water management plans within the watershed. Subdivision 15. It may provide legal and technical assistance in connection with litigation or other proceedings between one or more of its members and any other political subdivision, commission, board or agency relating to the planning or construction of facilities to drain or pond storm waters or relating to water quality within the Watershed. The use of commission funds for litigation shall be only upon a favorable vote of a majority of the eligible votes of the then existing members of the Commission. Subdivision 16. It may accumulate reserve funds for the purposes herein mentioned and may invest funds of the Commission not currently needed for its operations, in the manner and subject to the laws of Minnesota applicable to statutory cities. Subdivision 17. It may collect monies, subject to the provisions of this agreement, from its members, Hennepin County and from any other source approved by a majority of its board. Subdivision 18. It may make contracts, incur expenses and make 18 G:\Administration\Council\_Upcoming Council iteins\SCWM JPA Resolution 150427\Additional information\Amended West Miss Joint Cooperative Apt WE405-1 - 240647v3 March 2015.doc expenditures necessary and incidental to the effectuation of these purposes and powers and may disburse therefore in the manner hereinafter provided. Subdivision 19. It shall cause to be made an annual audit by a certified public accountant or the state auditor of the books and accounts of the commission and shall make and file a report to its members at least once a year including the following information: a.the approved budget; b.a reporting of revenues; C. a reporting of expenditures; d.a financial audit report or section that includes a balance sheet, a classification of revenues and expenditures, an analysis of changes in final balances, and any additional statements considered necessary for full financial disclosure; and e.the status of all commission projects and work within the watershed; Copies of said report shall be transmitted to the clerk of each member government unit. Subdivision 20. Its books, reports and records shall be available for and open to inspection by its members at all reasonable times. Subdivision 21. It may recommend changes in this agreement to its members. 19 G:\Administration\Council\Upcomhig Council items\SCWM JPA Resolution 150427\Additional issformation\Amended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc Subdivision 22. It may exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein and as outlined and authorized by Minnesota Statutes, Sections 103B.201 through 103B.251. Subdivision 23. It shall cooperate with the State of Minnesota, the Commissioner of Natural Resources and the Director of the Division of Waters, Soils and Minerals of the Department of Natural Resources in complying with the requirements of Chapter 103G of the Minnesota Statutes. Subdivision 24. Each member reserves the right to conduct separate or concurrent studies on any matter under study by the Commission. Subdivision 25. It may define and designate subtrunk and subdistricts within the watershed and shall have authority to separate the watershed into different subtrunks and subdistricts and to allocate capital improvement costs to a subtrunk or subdistrict area if that district is the only area that benefits from the capital improvement. Subdivision 26. It shall establish a procedure for establishing citizen or technical advisory committees and to provide other means of public participation. METHOD OF PROCEEDING Subdivision 1. The procedures to be followed by the board 20 G:\Administration\Council\_Upcoming Council iteins\SCWM JPA Resolution 150427\Additional information\Amended \Vest Miss Joint Cooperative Agt \VE405-1 - 240647v3 March 2015.doc in carrying out the powers and duties set forth in Article VI, Subdivisions 5, 6, 7, 8, 9, and 10, shall be as set forth in this article. Subdivision 2. The Board shall immediately proceed to prepare the overall plan as set forth in Article VI, Subdivision 5. Upon adoption of said overall plan, the Board shall proceed to implement said plan, and this implementation may be ordered by stages. Subdivision 3. The location and adequacy of the outlets for the subdistrict and subtrunks within the West Mississippi Watershed shall be determined and the Commission shall then prepare plans which will provide capacity to outlet the surface waters which will be collected within the West Mississippi watershed. In determining the necessary capacity for said outlets, the Commission shall take into consideration the quantity of land within the watershed which each member governmental unit has to pond or act as a reservoir for surface waters. It shall consider only lands which are under public ownership or under public control and that will be perpetually dedicated to acting as a reservoir for surface waters. The Commission may require from each member governmental unit a commitment in writing of the lands which shall be so dedicated, including a legal description of the gross area and the capacity in acre feet of water storage. No project which will channel or divert additional waters to 21 G:\Adnsinistration\Council\_Upcoming Council iterns'SCWM JPA Resolution 150427\Additional information\Arnended West Miss Joint Cooperative Apt WE405-1 240647v3 March 2015.doc - subdistrict and subtrunks which cross municipal boundaries shall be commenced by any member governmental unit prior to approval of the board of the design of an adequate outlet or of adequate storage facilities. The adequacy of said outlet shall be determined by the board after consultations with its professional engineers. Subdivision 4. All construction, reconstruction, extension or maintenance of outlets for the various subdistrict and subtrunks, including outlets, lift stations, dams, reservoirs, or other appurtenances of a surface water or storm sewer system which involve construction by or assessment against any member governmental unit or against privately or publicly owned land within the watershed shall follow the statutory procedures outlined in Chapter 429 of the Minnesota Statutes except as herein modified. The Board shall secure from its engineers or some other competent person a report advising it in a preliminary way as to whether the proposed improvement is feasible and as to whether it shall best be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended and the proposed allocation of costs between members. The Commission shall have authority to separate the watershed into subtrunks or subdistricts if the capital improvement project and costs only benefit a subtrunk or subdistrict area. If the Commission determines that a capital improvement and capital cost 22 G:\Adrninistration\Council\_Upcorning Council items\SCWM JPA Resolution 150427\Additional inforniation\Amended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc benefits only a subtrunk or subdistrict area it may so designate that said area shall be responsible for said costs and may allocate the costs to said area or areas rather than to the entire watershed. The Board shall then hold a public hearing on the proposed improvement after mailed notice to the clerk of each member governmental unit within the Watershed. The Commission shall not be required to mail or publish notice except by said notice to the clerk. Said notice shall be mailed not less than 45 days before the hearing, shall state the time and place of the hearing, the general nature of the improvement, the estimated total cost and the estimated cost to each member governmental unit. The Board may adjourn said hearing to obtain further information, may continue said hearing pending action of the member governmental units or may take such other action as it deems necessary to carry out the purposes of this Commission. To order the improvement, in accordance with the powers and duties established in Article VI, Subdivisions 7, 8 and 9, a resolution setting forth the order for a capital improvement project shall require a favorable vote by two-thirds of all eligible votes of the then existing board of the Commission. (In all cases other than for ,a capital improvement project, a majority vote of all eligible members of the Board shall be sufficient to order the work.) The order shall describe the improvement, shall allocate in percentages the cost allocation between the member governmental 23 G:\Administration\Council\Upcomhig Council iterns\SCWM JPA Resolution 150427\Additional infonuation\Ansended West Miss Joint Cooperative Agt WE405-1 - 2406470 March 2015.doc units, shall designate the engineers to prepare plans and specifications, and shall designate the member who will contract for the improvement in accordance with Subdivision 7 of this Article. After the Board has ordered an improvement it shall forward to all member governmental units an estimated time schedule for the construction of said improvement. The Board shall allow an adequate amount of time, and in no event less than 45 days, for each member governmental unit to conduct hearings, in accordance with the provisions of the aforestated Chapter 429, or the charter requirements of any city, or to ascertain the method of financing which said member governmental unit utilize to pay its proportionate share of the costs of the improvement. Each member governmental unit shall ascertain within a period of 90 days the method it shall use to pay its proportionate share of the costs. If the Commission proposes to utilize Hennepin County's bonding authority as set forth in Minnesota Statutes, Section 103B.251, or if the Commission proposes to certify all or any part of a capital improvement to Hennepin County for payment, then and in that event all proceedings shall be carried out in accordance with the provisions set forth in said Section 103B.251. Subdivision 5. The Board shall not order and no engineer shall be authorized by the Board to prepare plans and specifications before the Board has adopted a resolution ordering the 24 G:\Adininistration\Council\_Upcoming Council items\SCWM JPA Resolution 150427\Additional infonnation\Amended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc improvement. The Board may order the advertising for bids upon receipt of notice from each member governmental unit who will be assessed that it has completed its hearing or determined its method of payment or upon expiration of 90 days after the mailing of the preliminary report to the members. Subdivision 6. Any member governmental unit being aggrieved by the determination of the Board as to the allocation of the costs of said improvement shalt have 30 days after the commission resolution ordering the improvement to appeal said determination. Said appeal shall be in writing and shall be addressed to the Board asking for arbitration. The determination of the member's appeal shall be referred to a Board of Arbitration. The Board of Arbitration shall consist of three persons; one to be appointed by the Board of Commissioners, one to be appointed by the appealing member governmental unit, and the third to be appointed by the two so selected. In the event the two persons so selected do not appoint the third person within 15 days after their appointment, then the Chief Judge of the District Court of Hennepin County shall have jurisdiction to appoint, upon application of either or both of the two earlier selected, the third person to the board. The third person selected shall not be a resident of any member governmental unit and if appointed by the Chief Judge said person shall be a registered professional engineer. The arbitrators' expenses and fees, together with the other expenses, 25 G:\AdministTation\Council\ Upcoming Council items\SCWM JPA Resolution 150427\Additional infonnation\Ainended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc not including counsel fees, incurred in the conduct of the arbitration shall be divided equally between the Commission and the appealing member. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Chapter 572 of the Minnesota Statutes. Subdivision 7. Contracts for Improvements. All contracts which are to be let as a result of the Boards order to construct, repair, alter, reclaim or change the course or terminus of any ditch, drain, storm sewer, watercourse, or to acquire, operate, construct or maintain dams, dikes, reservoirs or their appurtenances or to carry out any of the other provisions of the plan as authorized by Minnesota Statutes, and for which two or more member governmental units shall be responsible for the costs, shall be let in accordance with the provisions of Section 429.041 of the Minnesota Statutes. The bidding and contracting of said work shall be let by any one Of the member governmental units, as ordered by the Board of Commissioners, after compliance with the statutes. All contracts and bidding procedures shall comply with all the requirements of law applicable to contracts let by a statutory city in the State of Minnesota. The Commission shall not have the authority to contract in its own name for any improvement work for which a special assessment will be levied against any private or public property under the provisions of Chapter 429 or under the provisions of any City 26 G:\Administration\Councit\Upconiiog Council items\SCWM JPA Resolution 150427\Additional information\Amended West Miss Joint Cooperative Agt \VE405-1 - 240647v3 March 2015doc charter. This section shall not preclude the Commission from proceeding under Minnesota Statutes, Section 103B.251. Subdivision 8. Contracts with Other Governmental Bodies. The Commission may exercise the powers set forth in Article VI, Subdivision 7, but said contracts for a capital improvement shall require a favorable vote of two-thirds majority of the eligible votes of the then existing members of the Commission. Subdivision 9. Supervision. All improvement contracts awarded under the provisions of Subdivision 7 of this Article shall be supervised by the member governmental unit awarding said contract or said member governmental unit may contract or appoint any qualified staff member or members of the Commission to carry out said supervision, but each member agrees that the staff of this Commission shall be authorized to observe and review the work in progress and the members agree to cooperate with the Commission staff in accomplishing the purposes of this Commission. Representatives of the Commission shall have the right to enter upon the place or places where the improvement work is in progress for the purpose of making reasonable tests and inspections. The staff of this Commission shall report, advise and recommend to the Board on the progress of said work. Subdivision 10. Land Acquisition. The Commission shall not have the power of eminent domain. The member governmental units agree that any and all easements or interest in land which are 27 G:\AdiTinistratioii\Council\.Upcoining Council itemsSCWM JPA Resolution 150427\Additional information\Amended West Miss Joint Cooperative Agt WE405-1 - 240647v3_March 2015doc necessary will be negotiated or condemned in accordance with Chapter 117 of the Minnesota Statutes by the unit wherein said lands are located, and each member agrees to acquire the necessary easements or right of way or partial or complete interest in land upon order of the Board of Commissioners to accomplish the purposes of this agreement. All reasonable costs of said acquisition shall be considered as a cost of the improvement. If a member governmental unit determines it is in the best interests of that member to acquire additional lands, in conjunction with the taking of lands for storm and surface drainage or storage, for some other purposes, the costs of said acquisition will not be included in the improvement costs of the ordered project. The Board in determining the amount of the improvement costs to be assessed to each member governmental unit may take into consideration the land use for which said additional lands are being acquired and may credit the acquiring municipality for said land acquisition to the extent that it benefits the other members of this agreement. Any credits may be applied to the cost allocation of the improvement project under construction or the Board if feasible and necessary may defer said credits to a future project. If any member unit refuses to negotiate or condemn lands as ordered by the Board, any other member may negotiate or condemn outside its corporate limits in accordance with the aforesaid Chapter 117. All members agree that they will not condemn 28 G:\Administration\Coundil\_Upcorning Council items\SC\VM JPA Resolution 150427\Additional infonnation\Amended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc or negotiate for land acquisition to pond or drain storm and surface waters within the corporate boundaries of another member within the West Mississippi Watershed except upon order of the Board of this Commission. The Commission shall have authority to establish land acquisition policies as a part of the overall plan. The policies shall be designed to equalize costs of land throughout the Watershed. Subdivision 11. Pollution Control and Water Quality. The Commission shall have the authority and responsibility to protect and improve water quality in the Watershed as this is one of the main purposes set forth in the Surface Water Management Act. All member governmental units agree that they will refuse to allow the drainage of sanitary sewage or industrial wastes onto any lands or into any watercourse or storm sewer draining into the Mississippi River. The Board may investigate on its own initiative and shall investigate upon petition of any member all complaints relating to pollution of surface water or groundwater draining to or affecting the Mississippi River or its tributaries. Upon a finding that the creek or surface waters or groundwater are being polluted, the Board shall order the member governmental unit to abate this nuisance and each member agrees that it will take all reasonable action available to it under the law to alleviate the pollution and to assist in protecting and improving the water quality of surface 29 G:\Adninistration\Council\_Upconiing Council iterns\SCWM JPA Resolution I50427\Additional information\Atnended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc water and groundwater, in the Watershed. Subdivision 12. Local Water Management Plans. The Commission shall have power and authority to review the members' local water management plans, capital improvement programs and official controls required by Minnesota Statutes Section 103B.235 and/or by rules promulgated and adopted by the Board of Water and Soil Resources. The members also understand that the overall plan and capital improvement program required for the entire Watershed must consist of the local parts in the plan and therefore every effort shall be made by the Commission to coordinate the local plans with the Watershed's overall plan. The members further understand and agree that upon completion and approval of the overall plan required by Minnesota Statutes 103B.231, each member will be required to present their local management plan to the Commission as required by Minnesota Statutes, Section 103B.235. It is therefore important that each member provide the Commission with their best effort to coordinate and plan for the individual member's local plan at the same time the watershed overall plan is being assembled. FINANCES VIII. Subdivision 1. The Commission funds may be expended by the Board in accordance with this agreement and in accordance with the procedures as established by law and in the manner as may be 30 G:\Administration\Council\_Upconiing Council items\SCWM JPA Resolution 150427\Additional information\Amended West Miss Joint Cooperative Agt WE405-1 240647,3 March 2015.doc determined by the Board. The Board shall designate one or more national or state bank or trust companies, authorized by Chapters 118 and 427 of the Minnesota Statutes to receive deposits of public moneys and to act as depositories for the Commission funds. In no event shall there be a disbursement of Commission funds without the signature of at least two Board members, one of whom shall be the Treasurer or the Treasurer's Authorized Deputy Treasurer. The Treasurer shall be required to file with the Secretary of the Board a bond in the sum of at least $10,000 or such higher amount as shall be determined by the Board. The Commission shall pay the premium on said bond. Subdivision 2. Each member agrees to contribute each year to a general fund, said fund to be used for general administration purposes including, but not limited to: salaries, rent, supplies, development of an overall plan, engineering and legal expenses, insurance, and bonds, and to purchase and maintain devices to measure hydrological and water quality data. Said funds may also be used for normal maintenance of the facilities, but any extraordinary maintenance or repair expense shall be treated as an improvement cost and processed in accordance with Subdivision 5 of this Article. The annual contribution by each member shall be based fifty percent (50%) on the net tax capacity of all property within the Watershed and fifty percent (50%) on the basis of the total area of each 31 G:\Adrninistiation\Cosincil\_Upcomiisg Council items\SCWM JPA Resolution 150427\Additional information\Amended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.dsc member within the boundaries of the watershed each year to the total area in the West Mississippi Watershed governed by this Agreement. Subdivision 3. (a) An improvement fund shall be established for each improvement project instituted under Article VII, Subdivision 3. Each member agrees to contribute to said fund its proportionate share of the engineering, legal and administrative costs as determined by the Commission as the amount to be assessed against each member as a cost of the improvement. The Board shall submit in writing a statement to each member, setting forth in detail the expenses incurred by the Commission for each project. Each member further agrees to pay to or contract with the member governmental unit awarding said contract for the improvement, its proportionate share of the cost of the improvement in accordance with the determination of the Board under Article VII, Subdivision 4. The member awarding the contract shall submit in writing copies of the engineer's certificate authorizing payment during construction and the member being billed agrees to pay its proportionate share of said improvement costs within 30 days after receipt of the statement. The member awarding the contract shall advise other contributing members of the tentative time schedule of the work 32 G:\Administration\Council\Upcomlisg Council itesns\SCWM JPA Resolution 150427\Additional inibsrnation\Amended West Miss Joint Cooperative Apt WE405-1 240647v3 March 2015.doc and the estimated times when the contributions shall be necessary. (b) Notwithstanding the provisions of paragraph (a) of this subdivision, the Commission may by a vote of 2/3rds of all eligible votes of the then existing members of the Commission decide to proceed to fund all or any part of the cost of a capital improvement contained in the capital improvement program of the plan pursuant to the authority and subject to the provisions set forth in Minnesota Statutes, Section 103B.251. It is expressed as a goal of this Agreement that cost sharing of capital improvement costs be assigned and agreed to by members pursuant to Article VIII, Subdivision 7, Subsections 1 and 2 of this Agreement. Without such agreement, all improvements will be constructed pursuant to Minnesota Statutes, Section 103B.251. The Commission and Hennepin County may establish a maintenance fund to be used for normal and routine maintenance of an improvement constructed in whole or in part with money provided by Hennepin County pursuant to Minnesota Statutes, Section 103B.251. The levy and collection of an ad valorem tax levy for maintenance shall be by Hennepin County based upon a tax levy resolution adopted by a majority vote of all eligible members of the Commission and remitted to the County on or before October 10th of the date prescribed by law each year. If it is determined to levy for maintenance, the Commission shall be 33 G:\Administration\Council\_Upcoining Council items'SCWM JPA Resolution 150427\Additional information\Amended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc required to follow the hearing process established by Minnesota Statutes, Sections 103D.915 and 103D.921 and acts amendatory thereof and in addition thereto. Mailed notice shall be sent to the Clerk of each member municipality at least 30 days prior to the hearing. Subdivision 4. On or before July 1 of each year, the Board shall adopt a detailed budget for the ensuing year and decide upon the total amount necessary for the general fund. Budget approval shall require a favorable vote by a majority of all eligible votes of the then existing members of the Board. The secretary of the Board shall certify the budget on or before July 1 to the clerk of each member governmental unit together with a statement of the proportion of the budget to be provided by each member. The Council of each member agrees to review the budget, and the Board shall upon written notice from any member received prior to August 1, hear objections to the budget, and may, upon notice to all members and after a hearing, modify or amend the budget, and then give notice to the members of any and all modifications or amendments. Subject to the limitations of Subdivision 5 below, each member agrees to provide the funds required by the budget. If no objections are submitted to the Board, each member agrees to provide the funds approved by the Board, after the Board has 34 G:\Adninistration\Council\—Upcoming Council items\SCWM JPA Resolution 150427\Additional infonnation\Amended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc conducted the aforementioned hearing. Modifications or amendments to the original budget require a favorable vote by a majority of all eligible voters of then existing members of the Board. The schedule of payments by the members shall be determined by the Board in such a manner as to provide for an orderly collection of the funds needed. Subject to the limitations of Subdivision 6 below, upon notice and hearing, the Board by a favorable vote of a majority of all eligible votes of then existing members may adopt a supplemental budget requiring additional payments by the members within 60 days of its adoption but in no event shall the budget require any member to contribute in excess of one-half of one, percent of the net tax capacity of all taxable property within the watershed or within any member's corporate boundaries in any one calendar year. Members' attention is drawn to Minnesota Statutes, Section 103B.245, which authorizes a Watershed Management Tax District to be created within each member City to pay the costs of planning and for the purpose of paying capital costs and/or normal and routine maintenance of facilities. Subdivision 5. Assessments levied against Member Cities for general fund purposes are subject to all of the following limitations: 35 G:\Adrninistration\Council\Upconsing Council iterns'SCWM JPA Resolution 150427\Additional infoimation\Mnended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc 1. Assessment Can. A.Definition. For purposes of this subdivision, the term "Assessment Cap" means the total amount that the Commission may levy against Member Cities for general fund purposes in any year without the consent of a majority of Member Cities. The Assessment Cap for 2004 is $119,450. Thereafter, the Assessment Cap will increase or decrease each year based, pro rata, on the annual change in the consumer price index (U.S. City Average, All Items, All Urban Consumer) to the end of the second quarter of the preceding year. (For example, the Assessment Cap for 2005 will be adjusted on the basis of the change in the CPI from the end of the second quarter of 2003 to the end of the second quarter of 2004.) B.Limitation and City Consent. The Commission may levy an amount for general fund purposes in excess of the Assessment Cap only with the consent of a majority of Member Cities expressed by resolutions duly adopted by the city councils before September 1st of the preceding year. The Commission may request authority to exceed the Assessment Cap for one or more years. If a majority of Member Cities do not consent to the levy of an assessment in excess of the Assessment Cap, the Commission may levy an amount up to the Assessment Cap and the Commission will make necessary changes to the budget. 36 G:\Adninistration\Cotlncil\_Upcoming Council items\SC\VM JPA Resolution 150427\Additional infosmation\Amended West Miss Joint Cooperative Agt WE405-1 - 2406470 March 2015.doc 2. Limitation on Increase of Assessment. The Commission may not assess a total levy against Member Cities for general fund purposes in any year in an amount that exceeds 120% of the previous years' assessment without the consent of a majority of the Member Cities given in the same manner as described in paragraph lB above. 3. Limitation Based on Tax Capacity. The Commission may not assess a levy or combination of levy and supplemental levies against the Member Cities for general fund purposes in any one year that requires any member to contribute an amount in excess of one-half of one percent of the net tax capacity of that portion of the city lying within the Watershed. Subdivision 6. Supplemental Budget and Limit on Assessment. The Board may adopt a supplemental budget in accordance with Subdivision 4. However, the amount assessed against the Member Cities for general fund purposes, when added together with other assessments for general fund purposes for the same year, may not exceed the limitations on assessments set forth in Subdivision 5 without the consent of the Member Cities. The consent of the Member Cities shall be secured in the same manner as is provided in Subdivision 5, except that the September 1 deadline for Member City approval does not apply. Subdivision 7. Cost Allocation for Capital Projects. The Commission shall apportion to the respective members on either 37 G:\Administration\Council\_Upcoming Council items\SCWM JPA Resolution 150427\Additional infonnation\Amended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc (1), (2) or (3) of the following bases: (1)A negotiated amount to be arrived at by the members who have lands in the subdistrict. It is anticipated that most capital improvements will be made under this provision; or (2)(a) Fifty percent of all capital costs or the financing thereof shall be apportioned to each member on the basis of the net tax capacity of each member within the boundaries of the watershed each year to the total net tax capacity in the West Mississippi Watershed area governed by this Agreement. (b)Fifty percent of all capital costs or the financing thereof shall be apportioned to each member on the basis of the total area of each member within the boundaries of the watershed each year to the total area in the West Mississippi Watershed governed by this Agreement. (c)Capital costs allocated under the 50% area - 50% net tax capacity formula herein set forth may be varied by the Commission by a 2/3rd vote of all eligible members if: (1) any member community receives a direct benefit from the capital improvement which 38 G:\Adrninistration\Counci1\_Upcomin Council iterns\SCWM JPA Resolution 150427\Additional information\Amended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc benefit can be defined as a lateral as well as a trunk benefit, or (2) the capital improvement provides a direct benefit to one or more members which benefit is so disproportionate as to require in a sense of fairness a modification in the 50/50 formula. (d) Credits to any member for lands acquired by said member to pond or store storm and surface water shall be allowed against costs set forth in Subsections (a), (b) and (c) of this Section. (3) If agreement is not reached to proceed as set forth in Subsection 1 or 2 of this Subdivision and if the project is constructed, and financed pursuant to Minnesota Statutes, Section 103B.251, the members understand and agree that said costs will be levied on all taxable property in the watershed as set forth in the statute. MISCELLANEOUS PROVISIONS Ix. Subdivision 1. The Commission shall not have the power to issue certificates, warrants or bonds. Subdivision 2. The Commission shall not have the power of eminent domain and shall not own any interest in real property. 39 G:\Adrniristration\Coimcil\_Upconiing Council items\.SCWM JPA Resolution 150427\Additional information\Amended West Miss Joint Cooperative Agt WE405-1 - 2406470 March 2015.doc All interests in lands shall be held in the name of the corporate member wherein said lands are located. Subdivision 3. The Commission shall not have the power to levy a special assessment upon any privately or publicly owned land. All such assessments shall be levied by the member wherein said lands are located. It shall have the power to require any member to contribute the costs allocated or assessed according to the other provisions of this agreement. Subdivision 4. Each member agrees that it will not directly or indirectly collect or divert any additional surface water to the Mississippi River or its tributaries from any subdistrict or subtrunk without a permit from the Board of Commissioners. Permits may be granted by the Board for a member to proceed with the construction or reconstruction of improvements within the individual corporate members' boundaries and at its sole cost upon a finding: (1)that there is an adequate outlet; and (2)that said construction is in conformance with the overall plan; and (3) that the construction will not adversely affect other members of this agreement. Subdivision 5. Any member who is more than 60 days in default in contributing its share to the general fund shall have the vote of its Board member suspended pending the payment of its proportionate share. 40 G:\Adrninistration\Council\_Upconiing Council items\SCWM JPA Resolution 150427\Additional infonnation\Amended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc Any member who is more than 60 days in default in contributing its proportionate share of the cost of any improvement to the contracting member shall upon application of the contracting member have the vote of its Board member suspended, pending the payment of its proportionate share. Any Board member whose vote is under suspension shall not be considered as an eligible member as such membership affects the number of votes required to proceed on any matter under consideration by the Board. Subdivision 6. Enforcement. Members agree to be bound by the determination of the Commission and to agree to use their best efforts to carry out directives from the Commission; failure to respond may result in a legal action by the Commission to require the member to act under a court order. DURATION Subdivision 1. Each member agrees to be bound by the terms of this agreement until January 1, 2025, and it may be continued thereafter at the option of the parties. Subdivision 2. This agreement may be terminated prior to January 1, 2025, by the unanimous consent of the members. If the agreement is to be terminated, a notice of the intent to dissolve the Commission shall be sent to the Board of Water and Soil Resources and to Hennepin County at least 90 days prior to 41 G:\Administration\Council\_Upcoming Council iterns\SCWM JPA Resolution 150427\Additional information\Amended West Miss Joint Cooperative Agt WE405-1 - 240647v3_March 2015.doc the date of dissolution. Subdivision 3. In addition to the manner provided in Subdivision 2 for termination, any member may petition the Board to dissolve the agreement. Upon 90 days notice in writing to the clerk of each member governmental unit and the Board of Water and Soil Resources and Hennepin County the Board shall hold a hearing and upon a favorable vote by a majority of all eligible votes of then existing Board members, the Board may by Resolution recommend that the Commission be dissolved. Said Resolution shall be submitted to each member governmental unit and if ratified by three-fourths of the councils of all eligible members within 60 days, said Board shall dissolve the Commission allowing a reasonable time to complete work in progress and to dispose of personal property owned by the Commission. DISSOLUTION XI. Upon dissolution of the Commission, all property of the Commission shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the eligible members of the Commission. Such distribution of Commission assets shall be made in proportion to the total contribution to the Commission as required by the last annual budget. EFFECTIVE DATE 42 G:\Adminisxation\Cosincii\Upconsing Council items\SCWM JPA Resolution 150427\Additional information\Amended West Miss Joint Cooperative Agt WE405-1 - 240647v3_March 2015.doc XII. This agreement shall be in full force and effect upon the filing of a certified copy of the resolution approving said agreement by all five members for the West Mississippi Watershed area to be governed by this Agreement. Said resolution shall be filed with the Chair of the existing West Mississippi Watershed Management Commission, who shall notify all members in writing of its effective date. The effective date of the new amended Joint Powers Agreement shall be when approved by all the Cities and when the Mayor and other authorized City representatives have executed the amended agreement. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this agreement to be executed in accordance with the authority of Minnesota Statutes Sections 103B.211 and 471.59. City of Brooklyn Center By: Mayor Seal: ATTEST: Dated: City Clerk 43 G:\Adiniristration\Council\_Upcoming Council items'SC\VM JPA Resolution I50427\Additional infoumation\Ainended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.ddc 44 G:\Administrstion\Cousscil\Upconsing Council iteisss\SCWM JPA Resolution 150427\Additional information\Amended West Miss Joint Cooperative Agt \VE405-I - 240647v3 March 2015.dsc City of Brooklyn Park By: City Manager Seal: Dated: Seal: Dated: Seal: Dated: By: Mayor ATTEST: City Clerk City of Champlin By: Mayor ATTEST: City Clerk City of Maple Grove By: Mayor ATTEST: City Clerk 45 G:\Adrninistration\Council\_Upconsing Council items\SCWM JPA Resolution 150427\Additional information\Amended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc City of Osseo By: Mayor Seal: ATTEST: Dated: City Clerk 46 G:\Administration\Council\_Upconsing Council iterns\SC\VM JPA Resolution 150427'Additional hsformation\Ainended West Miss Joint Cooperative Agt WE405-1 - 240647v3 March 2015.doc City Council Agenda Item No. 7b DATE: April 21, 2015 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Proclamation Declaring May 17-23, 2015 Public Works Week in the City of Brooklyn Center Recommendation: It is recommended that the City Council consider adoption of a proclamation declaring May 17 through May 23, 2015 as Public Works Week in Brooklyn Center. Background: National Public Works Week is a celebration of the tens of thousands of men and women in North America who provide and maintain the infrastructure and services collectively known as public works. Instituted as a public education campaign by the American Public Works Association in 1960, the weeklong celebration calls attention to the importance of public works in community life. The week seeks to enhance the prestige of the professionals who serve the public good every day with quiet dedication. In 2015, we celebrate the contributions of public works professionals as well as the communities they serve. The theme for 2015 is "Community Begins Here." There would be no community without the quality of life public works provides. There would be no community to police and protect, no public to lead or represent. Public works allows the world as we know it to be. This year's theme "Community Begins Here" speaks to the essential nature of Public Works services in support of everyday quality of life. The Public Works Department employees 37 full time and 19 seasonal employees in the six divisions of the Department—Engineering, Street Maintenance, Parks Maintenance, Public Utilities, Capital Building Maintenance and the Central Garage. All divisions work together as a team to provide high- quality service for people who visit or live or work in Brooklyn Center. Many of the tasks like plowing streets, mowing parks, putting up signs, pumping water, maintaining large equipment and designing improvement projects are high profile. Many more tasks are completed almost unnoticeable except in their absence. Many people do not realize that significant efforts of the department take place while everyone else is sleeping. It is not unusual for street or park employees to get called out in the middle of the night after a storm to clear fallen trees from the road, or to plow or provide ice control during a winter storm, or utility employees to be called out to respond to a sewer backup or water main break. Our Public Works employees take great pride in their work. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Civic Engagement Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public trust PROCLAMATION DECLARING MAY] 7-23, 2015 PUBLIC WORKS WEEK IN THE CITY OF BROOKLYN CENTER WHEREAS, Public works services provided in our community are an integral part ofour citizens' everyday lives, and WHEREAS, The support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as engineering, water, wastewater, storm drainage, streets and highways, parks, capital building maintenance and central vehicle fleet maintenance; and WHEREAS, The health, safety, and comfort of this community greatly depend on these facilities and services; and WHEREAS, The quality and effectiveness of these facilities including their planning, design, construction, operation and maintenance is vitally dependent upon the efforts and skill ofpublic works personnel. NOW, THEREFORE, I, ASMAYOR OF THE CITY OFBROOKLYN CENTER, State ofMinnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim May 17-23, 2015 as "National Public Works Week" in the City ofBrooklyn Center, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works personnel make every day to our health, safety, comfort, and quality of life. April 27, 2015 Date Mayor Council Members ATTEST: City Clerk City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM DATE: April 23, 2015 TO: City Council FROM: Curt Boganey, City Manage4 SUBJECT: Brooklyn Center Leadership Academy Graduation Recommendation: It is recommended that the City Council consider presenting the certificate of completion to each of our student participants in the first annual (BCU) Brooklyn Center Leadership Academy. Background: 2015 is the inaugural year of the Brooklyn Center Leadership Academy also known as BCU. This community engagement activity is an initiative of the City Council. The goal of the program was to inspire, educate, and introduce community members in a way that would help them understand and participate in Brooklyn Center civic life. This year's participants are: • Kathy Brady • Myrna Kragness Kauth • Alejandro Koenig • Patti Koenig • Mary Lahaie • Thomas K. Nyambane • Beverly Rieschl • Chuck Steinhaus • Jessica Windschitl Together they participated in eight weeks of study that introduced them to nearly every aspect of local government in Brooklyn Center. They were able to interact with Council and staff and tour our facilities. Each participant received a wealth of written materials and hopefully a wealth of experience that deepens their understanding and appreciation for government and the City. It is my pleasure to present to you; the first graduating class of BCU! Budget Issues: The budgeted cost for this program was minimal. Strategic Priorities: • Civic Engagement Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people aiulpreserves the public trust City Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM DATE: April 20, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk \/L21UY( 4l2Vk 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 open the Public Hearing, take public input, close the Public Hearing, and consider adoption of An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to the Sale of Tobacco Related Products. Background: At its March 23, 2015, meeting, the City Council approved first reading of An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to the Sale of Tobacco Related Products and set second reading and Public Hearing for April 27, 2015. Attached are the materials provided at the March 23, 2015, meeting. The second reading and Public Hearing are scheduled for April 27, 2015. Notice of Public Hearing was published in the Brooklyn Center Sun-Post newspaper on April 2, 2015. If adopted, effective date will be June 6, 2015 (30 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 and preserves the public trust COUNCIL ITEM MEMORANDUM DATE: March 11, 2015 TO: Curt Boganey, City Manage 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 April 27, 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 surrounding circumstances in deciding whether to use the stated grounds to deny the license. Budget Issues: There are no budget issues to consider. Mission: Ensuring on itt(iodllve, clew, soft, inclusive community that enhances the quality of life fbr all people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 27th 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 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 correct 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 ineligible for the license Under this Section. 1.The applicant is under the age of 18 years of age; 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 devicesQihas 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 revoked within the preceding 12 months of the date of application. 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 ether local law, ordinance, or other regulation, from holding such a license. 6.Nonpayment by the property owner and/or applicant of any fees of 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. 2. No license may be issued or renewed: a.To any applicant who is under 18 years of a ge. 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 unp d. For an:W Premises for which property taxes or city utility charges are due and unppjç 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 through 23-108. 2.Administrative penalties. a)Licensees. Administrative Penalties: Licensees. If a licensee or employee of a licensee sells tobacco to a person under the age of 18 years, or violates any other provision of Sections 23-101 through 23-109, the licensee shall be charged an administrative penalty of $100. An administrative penalty of $200 shall be imposed for a second violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of $250 shall be imposed, and the licensee's authority to sell tobacco at that location shall be suspended for not less than seven days. b)Other individuals. Other individuals, other than minors regulated by Sections 23-101 through 23-108, found to be in violation of Sections 23- 101 through 23-108 shall be charged an administrative fine of $50.00. c)Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, tobacco- related devices, or nicotine or lobelia delivery devices, shall be subject to an administrative fine, or may be subject to tobacco-related education classes, diversion programs, community services, or another penalty that the City believes will be appropriate and effective. The administrative fine or other penalty shall be established by City Council ordinance upon the City Council's consultation with interested parties of the courts, educators, parents and children to determine an appropriate penalty for minors in the city. This administrative fine or other penalty may also be established from time to time by the ordinance or resolution establishing fees and charges, as it may be amended from time to time. d)Statutory penalties. If the administrative penalties authorized to be imposed by 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, 2Q15 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 10:28 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Police Chief Kevin Benner, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CONSIDERATION OF HEARING FOR TOBACCO RELATED PRODUCTS LICENSE FOR ABDOU JAITEH - continued Councilmember/Commissioner Myszkowski referenced the last paragraph of Attorney LeFevere's memorandum and stated support for the second option as follows: "The second option is for the City Council/EDA to conclude that it is not interested in pursuing consideration of a denial solely on the basis of a conviction of the owner and a conviction of an employee over the past two years. This would be consistent with past practices in the case of both liquor and tobacco violations of law by sale to minors where the City Council/EDA has considered or imposed other sanctions such as criminal prosecution and civil penalties without revoking an existing license, or denying a renewal or new application." The consensus of the City Council/EDA supported the second option as reflected above. City Manager Curt Boganey stated staff will then not interpret the ordinance to read that an individual that meets one of the seven elements is automatically denied. Thus, staff will draft amendments to clarify the language and the two current applications will be placed on a future agenda for consideration of license approval. City Attorney Charlie LeFevere stated the criminal process is over and the ordinance calls for civil sanctions, which will be pursued. POLICE - COMMUNITY RELATIONS Mr. Boganey introduced the topic and requested City Council/EDA direction regarding the 01/12/15 -1- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEP1N AND THE STATE OF MINNESOTA STUDY SESSION JANUARY 12, 2015 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:02 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Police Chief Kevin Benner, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested discussion on Item 10e, Consideration of Type IV 6-Month Provisional Rental Licenses, in particular the meeting procedure to poll the audience for rental owners who are present and then setting aside those licenses for consideration as a whole. Mayor Willson reviewed the meeting process that would be followed to hold a hearing when requested by the rental property owner. Councilmember Lawrence-Anderson stated she was noted as being absent and unexcused in the December 1, 2014, Budget Hearing and Special Session minutes. She explained she was unable to attend due to a family emergency. City Manager Curt Boganey explained this absence was not known before of the meeting. MISCELLANEOUS Councilmember Myszkowski asked for an update on the Work Session with the Parks and Recreation Commission and Brooklyns Youth Council. Mr. Boganey stated staff is following up on that matter and the issue of e-cigarettes in public places is scheduled for February 23, 2015. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS CONSIDERATION OF HEARING FOR TOBACCO RELATED PRODUCTS LICENSE FOR ABDOU JAITEII 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 Attorney Charlie LeFevere advised that he found the language in this section to be a bit ambiguous and felt clarification may be needed depending on the City Council's interpretation. He stated direction from the 'City Council will help staff proceed with other ordinance amendments to add clarity to the language. Mayor Willson referred to a past consideration where an applicant had been found in violation but it had occurred at a different site. Attorney LeFevere explained that in the case of liquor, the applicant's past criminal history considered the location in which the liquor violation occurred. In this case, the language addresses the applicant and a conviction within five years is an automatic disqualifier for new applications and/or renewals. Mayor Willson stated the City retained that right with liquor licenses but in his mind, it is slightly different when considering tobacco licenses. He suggested that issue be discussed in addition to determining clarification. 01/12/15 ' -2- Mr. Boganey stated the first fundamental question in need of clarification is whether it is the intention of the City Council to take all of the seven elements listed under Section 23-104 as restrictions. He asked whether it is the intent that any applicant who has violated any of the seven elements is or is not eligible to receive a tobacco license at all. One interpretation is that if you meet any of the seven elements, you may not have a new license or renewal license. That is the first clarification needed. If that is not the intent, then staff presumes the intent is that some or all of the seven elements are simply items to consider by the City Council when forming its decision as to whether or not to approve the license. Mayor Willson clarified that this consideration only relates to the sale of tobacco, not liquor. Mr. Boganey confirmed that is the case. Mr. Boganey reviewed the considerations taken during the time this ordinance was drafted and that some staff felt the issue of a conviction was to apply to a new tobacco license applicant. He stated it was not staff's thought that it applied to an existing business with a violation that could result in shutting down that business. Mayor Willson asked if the location of violation by the applicant is considered. Attorney LeFevere stated it seems that at some level, it should be 'anywhere in the world' and should an applicant have a bad record, the City should not be compelled to grant a license simply because they have not yet violated the law in Brooklyn Center. He explained if the intent is that the seven elements are grounds for denying the license but does not automatically disqualify the applicant, the City Council could consider the extenuating circumstances such as when the violation occurred and the type of violation. Mayor Willson stated he is willing to consider an application, depending on the circumstances, even if they have a violation that occurred at some location. He felt it was grounds for denial but was the City Council's choice to consider the facts in determining whether to issue or deny the application. Attorney LeFevere noted that some of the elements are grounds for automatic disqualification, such as being under 18 years of age, but there are other categories that are considered grounds for denial/revocation but not an automatic disqualifier. Mayor Willson stated in any event, if an application is made, the process should come before the City Council even if there has been a federal violation. Attorney LeFevere explained the two- step process for the City Council to initially consider the application and if determined to deny, then the applicant has the right to a hearing. In this case, if the seven elements are not automatic disqualifiers, then the elements would be used as grounds for consideration. Mayor Willson asked if the site of the violation is a consideration. Attorney LeFevere stated if an automatic disqualifier, then they could not have a license at either site. He noted there is nothing in the ordinance that indicates it is specific to the site so if considered as grounds, then the application can be considered. 01/12/15 -3 The City Council discussed a scenario in which SuperAmerica makes an application, the City Council finds there has been a violation, but the corporation does not operate the site as it is operated by a manager. The question was raised whether the manager would be penalized by not receiving the license, or if it would be considered as a higher-level management issue. Attorney LeFevere stated the corporate owner (SuperAmerica in this scenario) is generally held responsible and if the elements are disqualifiers, then the license would not be granted. If the elements are considered as qualifiers, then the City Council could consider the circumstances. Mayor Willson stated he thinks the intent is to look at each site individually as a business on its own merits and then look at grounds for denial. Attorney LeFevere stated that is a question for the City Council to determine. He stated if a corporation franchises businesses and each location has its own owner, the applicant may not be held responsible but that is subjective based on the suitability of the applicant. In another case where local managers change all the time, that may be a different consideration as the level of decisions and training occurs at a higher level and it may be the case where the corporation has a management problem and should not receive a license or renewal. Mayor Willson stated he does not want to penalize a site if that site does not have any violations. Attorney LeFevere stated a new site would not have any violations but the applicant may have a history of violations in other locations. Mayor Willson agreed that should be considered as grounds but he believed it should not be an automatic denial. Councilmember Ryan stated Attorney LeFevere mentioned there are a number of factors listed as restrictions. He suggested the ordinance list things that are obvious considerations for revocation/nonrenewal. Then the remaining factors could be subject to consideration and discretion of the City Council when determining whether or not to grant the license. Mayor Willson stated if there is a federal violation, or something on that level, staff would recommend the license not be approved and present a resolution with findings for denial that would come before the City Council for consideration. Attorney LeFevere stated in the case that someone under the age of 18 applied for a license, staff would recommend the City Council consider denial for that reason. Then notice would be given to the applicant and they would have the right to a hearing to prove they are not under the age of 18. He noted that would be a consideration of automatic denial. Mr. Boganey stated virtually all of the City's licenses have a criteria that in order for the application to be complete for submission to the City Council, all taxes and utilities must be current. That is the one case where the City Council will probably not see an application unless the taxes and outstanding obligations to the City have been paid and made current. That is not a denial, but a determination the application is not complete. Mayor Willson stated that would only be a consideration for a renewal of an existing license. Mr. Boganey explained there are criteria for submission of an application before it is presented to the City Council. Mayor Willson stated that may be a consideration for liquor licenses as well in the case of unpaid taxes/utilities. Mr. Boganey stated the City Council determined that unless 01/12/15 4- the taxes and utilities are paid in full, a rental license application is not complete and will not be presented to the City Council. Mayor Willson recalled a past license for an eating establishment that did come before the City Council for a liquor license renewal but staff recommended it not be approved because the taxes had not been paid. Attorney LeFevere stated the consensus of the City Council appears to be that conviction within five years is not a disqualifier but may be grounds for consideration. He asked if there is a conviction of an employee and the owner within the last two years and criminal and civil sanctions imposed, is that sufficient grounds to not grant the licenses or if that level of violation would not cause sufficient concern and the City Council would like to hold a hearing. Mayor Willson stated he does not want a tobacco violation at one of the City's stores to be an automatic denial. He felt the grounds should be determined at a public hearing. Attorney LeFevere explained it does not have to go to a public hearing if the violation is large enough or there are multiple violations. Discussion of this item continued and reached conclusion at the January 12, 2015, Work Session. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:45 p.m. 01/12/15 -5- c TOBACCO RELATED PRODUCTS Section 23-101. LICENSE REQUIRED. No person shall directly or indirectly or by means of any device keep for retail sale, sell at retail, or otherwise dispense any tobacco related product at any place in the city of Brooklyn Center unless a license therefor shall first have been obtained as provided in Sections 23-101 through 23-108. Section 23-102. DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of Sections 23-101 through 23-108, the following definitions shall apply unless the context clearly indicates or requires a different meaning: "Cigar" means any roll of tobacco that is wrapped in tobacco leaf or in any substance containing tobacco, with or without a tip or mouthpiece, that is not a cigarette as defined in Minnesota Statutes, Section 297F.01, Subdivision 3, as amended from time to time. 2."Compliance checks" means the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco-related devices,.ar'd nicotine or lobelia delivery devices are following and complying with the requirements of Sections 23-101 through 23-108. Compliance checks shall involve the use of. minors as authorized by Sections 23-101 through 23-108. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products, tobacco-related devices, and nicotine• or lobelia delivery devices. 3."Electronic delivery device" shall mean a product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of the vapor from the product. Electronic delivery devices shall include any component part of such a product whether or not sold separately. Electronic delivery devices shall not include any product that had been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose. City of Brooklyn Center 23-6 06107114 4."Individually packaged" means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually-wrapPed tobacco and tobacco' products shall include, but not be limited to, single cigarette packs, single cigars, single bags 'or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack. or other container as described in this definition shall not be 'considered individually packaged. 5."Indoor area" means all space between a 'floor and a. ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. 6."Loosies" means the common term used to refer to a single or individually- packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. The term loosies does not include an individual premium cigar, as defined in Minnesota Statutes, Section 297F.01, Subdivision 13a, and as amended froiti time to time, that can be sold by a 'licensed retailer as a single cigar to the extent permitted by all applicable state and federal laws. 7."Minor" means any natural person who has not yet reached the age of 18 years. 8."Moveable place of business" means any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed-address storefront or other permanent type of structure authorized for sales transactions. 9."Retail establishment" means any place of business where tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices are available for sale to the general public. The phrase shall include, but not be limited to, grocery stores, convenience stores, restaurants, and drug stores. 10. "Sale" means any transfer of goods for money, trade, barter or other consideration. 23-7 06107114 City of Brooklyn Center 11."Self-service merchandising" means open displays of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the customer and the licensee or employee. Self-service sales are interpreted as being any sale where there is not an actual physical exchange of the product between the clerk and the customer. 12."Smoking" shall mean the inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or tobacco product, or inhaling or exhaling vapor from any electronic delivery device. Smoking shall include carrying a lighted or heated cigar, cigarette,pipe, or any other lighted or heated tobacco or plaiit product intended for inhalation. 13."Tobacco or tobacco products" means and includes cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings .of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. 14."Tobacco-related devices" means and includes any tobacco product as well as pipe, rolling papers, or other device intentionally designed or intended to be used in a manner that enables the chewing, sniffing or smoking of tobacco or tobacco products including electronic delivery devices. 15. "Vending machine" means any mechanical, electric or electronic, or other type of device that dispenses tobacco, tobacco products or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco-related device. City of Brooklyn Center 23-8 06107114 Section 23-103. LICENSE REQUIRED. Generally. No person may directly or indirectly or by means of any device keep for retail sale, sell at retail, offer to sell or otherwise dispose of any tobacco, tobacco products, tobacco-related devices, or electronic delivery device at any place in the city unless a license has first been issued by the City as provided in this Section. 2.Application. An application for a license to sell tobacco, tobacco products, tobacco-related devices, and electronic delivery devices shall be made on a form provided by the City, The application shall contain the full name of the applicant, the applicant's residential and business addresses, and telephone numbers, the name of the business for which the license Is sought, and any additional information the City deems necessary. 3.Action Upon receipt of a completed application "the City Clerk shall forward the application to the police department for investigation. The police department shall conduct an investigation of the applicant nd application regarding the fitness of the applicant to hold a license pursuant to the standards set forth in Sections 23-101 through 23-108, and report the results of its investigation to the City Clerk within 30 days of receipt of the application. The City Clerk shall forward the application for consideration by the City CoUncil. 4.Fees. No application for a license under Sections 23-101 through 23-108 shall be accepted until the appropriate license or investigation fee is paid in full. The fee(s) shall be established by the City Council by resolution from time to time, 5.Sanctions for violation. Shall be set by the City Council at penalty phase not to be less than state mandated guidelines. 6.Transfers. All licenses issued under Sections 23-101 through 23-108 shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. 7.Moveable place of business. No license shall be issued to a moveable place of business. Only fixed-location businesses shall be eligible to be licensed under Sections 23-101 through 23-108. 8. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. City of Brooklyn Center 23-9 06107114 9. Renewals. Every such license shall expire on December 31 next after its issuance. A fee for the renewal of any license issued under Sections 23-101 through 23-108 shall be paid to the City Clerk with the renewal application. Applications for renewal must be submitted by November 30 of the year prior to the license year. Section 23-104. RESTRICTIONS. The following shall be grounds for denying the issuance of or renewal of a license under Sections 23-101 through 23-108; if a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section: 1.The applicant is under the age of 18 years of age; 2.The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco products, or tobacco-related devices. 3.The applicant has had a license to sell tobacco, tobacco products, or tobacco- related devices revoked within the preceding 12 months of the date of application. 4.The applicant fails to provide any information required on the application, or provides false or misleading information. 5.The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation, from holding such a license. 6.Nonpayment by the property owner and/or applicaitt 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 licene under Sections 23-101 through 23-108. City of Brooklyn Center 23-10 06107114 Section 23-10 PROHIBITED SALES. 1. It shall be a violation of Sections 23-101 through 23-108 for any person to sell or offer to sell any tobacco, tobacco product, or tobacco-related device: a.To a minor; b.By a vending machine; C. By self-service; d.As loosies; e.If the tobacco or tobacco products contain opium, morphine, jimsonweed, belladonna, strychnos, cocaine, marijuana, or other delirious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an-otherwise lawful manufacturing process;' or f. To any other person, in any other manner or form prohibited by federal or state law or regulation, or by local ordinance. 2. It shall be a violation of Sections 23-101 through 23-108 for any retail establishment to sell, offer for sale, or distribute a single cigar unless the cigar is sold in an original package of at least five cigars, provided that: a.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 $2.10 before sales tax. b.Cigars to which price promotions or discounts- apply shall not be excluded from this restriction. Section 23-106. SMOKING PROHIBITED. Smoking shall not be pemiitted in, and no person shall smoke in, any licensed premises. City of Brooklyn Center 23-11 06107114 Section 23-107. COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises shall be open to inspection by the City police or other authorized City official during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years to enter the licensed premise to attempt to purchase tobacco, tobacco products or tobacco-related devices. Minors used for the purpose of compliance checks shall be supervised by City designated law enforcement officers or other designated City personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products or tobacco-related devices when those items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Section 23-10,$ VIOLATION AND PENALTY. 1.Misdemeanor prosecution. Nothing in this Section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of Sections 23-101 through 23-108. 2.Administrative penalties. a)Licensees. Administrative Penalties: Licensees. If a licensee or employee of a licensee sells tobacco to a person under, the age of 18 years, or violates any other provision of Sections 23-101 through 23- 109, the licensee shall be charged an administrative penalty of $100. An administrative penalty of $200 shall be imposed for a second violation at the same' location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of $250 shall be imposed, and the licensee's authority to sell tobacco at that location shall be suspended for not less than seven days. b)Other individuals. Other individuals, other than minors regulated by Sections 23-101 through 23-108, found to be in violation of Sections 23-101 through 23-108 shall be charged an administrative fine of $50.00. City of Brooklyn Center 23-12 06107114 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. City of Brooklyn Center 23-13 06107114 City Council Agenda Item No. lOa City Council Agenda Item No. iOa #1 COUNCIL ITEM MEMORANDUM DATE: April 27, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk V1Y< SUBJECT: Type IV 6-Month Provisional Rental License for 5200 63' 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 5200 63' 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 new rental license. This is a single family property. This property qualifies for a Type IV Rental License based on twelve (12) property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 12-22-2014 The Owner, Roger Bonny applied for an initial rental dwelling license for 5200 63' Ave N, a single family property. 01-12-2015 An initial rental license inspection was conducted. 12 property code violations were cited, see attached rental criteria. 02-11-2015 A second inspection was conducted and passed. 02-18-2015 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. 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 03-06-2015 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 III of Crime Free Housing Program, etc. 03-23-2015 A Mitigation Plan was submitted. 04-08-2015 The Mitigation Plan was finalized. 04-20-2015 A letter was sent to the owner notifying that the hearing before the Council will be held April 27, 2015. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police ]'llission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust - COUNCIL ITEM MEMORANDUM and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type 1-3 Year I 1-2 units 0-1 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Type III - 1 Year 11-2 units I Greater than 4 but not more than 8 Type IV —6 Months I 1-2 units I Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community (1, at enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 071 Impact 3-4 units 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 Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust LOftChjtneQt :.. LOO ^2 geitMdre: - O7ivN B uif1c 1544 - ifts 1 License Exp. 10/31/2015 vss I City 'Mrok1yn Ce nt e r Phone 763569-33OO Tfl'711 6WiA jiSfa cr,ek Parkway FoY 763501.360 ES43O-219 - - 4Thfr;-! - Ad Re 1Liee Mitigation Plan—Type 1V Rental License ftmtdWf&eJJ be irccqñed Please e trti.eft1lithThfi,rm oz City wthsfte. oopTnfornTfl Property Mdr:;5200 63rd AVO N 0 SMCEAL ESTATE, Omerdr 5O GvRD,Woo btuy MN 5I25 Owner Phone 6Q -96794O - Fatal Li w • - • - Baedn.proparowa ajfd/oT v4dated polite niIsnce ts The abov refceoced pro" ua1tfles I'oraType IV Rental Lteese Mo re your Itcense-application can-.be osideyd by the City CounotI aitigatkirrPlan must be completed and teviewed by City etaff A.fuliycompkted Miigattor Plan must hesubmitted imMedjutdy to emawiirrtely eomp1tfon of the Iceee appRztibnproce. The Mitigation liatishould irdLeate1he steps h 1takeDto correct ide6fla dvio latiom and the m urethat't'ilI betaken to 4msure:onizoing eompliartea with City OnIinance and appli c able Codes. The Miiigtion Plan prov1da an opportunity to Tev11ay.P . rq ptrty.c6uerns and idetiffy posibe solutkrns toirnprQvc the overlt conditipps and1niacn16x itth prcptty. NOTICE Time is Rufmin gOut—You .tnust tM2 ACTION NOW in ord er to meat all tha city ordinanceand Mitigation 'Plan raquiremen1 VAin this 'petdthg Jieensepedod end avoid legal aeon, Submit the following docum with t øWgsk tiolt P12 1,3 fo r provJ 1._I 1.Crinie Free Housing Prbgrim Training Certificate (if rzomplete4 if net eompMecl, please , inhit1e V 2.scheduled date in Section C. of inLasc MdenduinCopy Lea5e ialtdingMintsøta Crime- Free 1101R-1 3 .I .Subtnk wiitten report by lOthofeach month (after lic ense approval), [y' I I the writteneae mctudm. Ctrne Free fluagLase Addndum [I 1 2.Conduct crhAihA 14round chcktbr all prcpactive tenants. Prov •dumeitatiorto City if - Pursue the ton otenants wh viôiateihe tenue of ft lease or any addendum. Page I Type I\7 Mitigati on PlWii Rev 1 -1641 4. Mend City approved eight hour Crime Free Housing course. Date Course Completed: or Date Course Scheduled: Phase II /j Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 3124115 Improvements to be cornpløted by-,:3 U &( - phnse IllI 111 will attend a minimum ot'5O% ofthe ARM meetings (two) Iwilt attend the ARM meetings srheditled fot y1Ol5 July 9. 2015 Do these two meeting dates cocur before the Vending Type NZIcense expiration date? Ys No (tSec Section 4)11 po, you will only be able to quaflly for a Typo IN Rental License upon renewal. 'I will have no repeat code violations previously documented within the past year. For prop r1ies with four or more wths: L7 I will conduct resident training annually that includes crime prevention techniques.M I will hold regular resident meetings. Based on condition and age, estimated replaccmnent dates are provided for common capita! ltemcL Funding bould be considered accordingly. 1owever, items broken, worn or otherwise in violation prior to the estimated ranlacement date -will reauire earlier eoi-rectioos Date Last Replaced Estimated Replacement Date Furnace/AC-2010 2015 Water Heater-2010 2017 Kitchen Appliances-2.013 -2020 LaundryAiances-201$I 2017 Exterior -Paint/Siding, fascia, trim -Windows -Roof -Fence - -Shed i'c -Driveway --.-------. -Sidewalks 2014 2030 - 200 - 2035 - 2033 c11nat 2025 Ala rob 2035 2045 Smoke Alarms & Carbon Monoxide Alarms 2015 201$ Implementing the following best practices may assist in the management of your property. .lr, c/i ecfclng Thc boxes below,y ag, ree to: Fi I. Check in with tenants every 30 days. U1 2 .2. Drive by property to chcok for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 3/1&/201:5 D are [ h, R qi qftOnVnts it' vtIofl Of tN lease .-and all adJ e ridum s . V 4. ?rndeJawij/sijow Styice.S. Provide base seMi, & Tleiritysytem.L J 7. Prov ide m4aemnre sMia pJ br app1ioe. 'Name of .Lnndwjll rtniaii cwinton paynintofuUIjty fs, taxes, assessments 1 flne penM1i arid etherfirinefaI 01 ETAS th: to , thé City. $ ad fliorougMy If the Type W Rehta l Licem is apjrQved by The, City CQunCIL tbeIfeusee .mu s tcomply with the approved,Mftigtion ?an and afl app!kab!e'eity cofes. No Way!harTh 1OEeath talendar taontk the 1ieiee mustsubtiv to the B f1ifdingnd Comnunty Staidtds par hta.'wtittrreport den ngaUstepken rocomply PJiLi. Jvrrthajfl. i'ft jo 4dact ove Is Fnia and urt& l urid ef4lAu4 that ifi do rtbttbMply ,,vith ariprovttI Mitgti,r Van , tomplysvith all applicable ordiraricas IN Min theiinseperfr4 orperate beyondthm liew-s e epfratioii daie. orca m.pr^t WiOns s dtll as citaon, fo rm al complaint or) Icense revi e w mayresult Roger Bonny, President /cr - Christine Bott, Program D i re ctor AddEOet OrAZCift Nam e and TJt ( ?7Mr.rct','iii) 3118/2015 grA!gc S1natir [iftipp1kJ - -bate /d/J t/Tt1 f i t Date page 3. . - Type IVMigtIon PIri Rv 234G. City Council Agenda Item N. lOa #2 COUNCIL ITEM MEMORANDUM DATE: April 27, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ^IY^4 4^ SUBJECT: Type IV 6-Month Provisional Rental License for 6319 Brooklyn Blvd 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 6319 Brooklyn Blvd. 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 new rental license. This is a single family property. This property qualifies for a Type IV Rental License based on twenty eight (28) property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 01-22-2015 The Owner, Dropadi Dhannoo, applied for an initial rental dwelling license for 6319 Brooklyn Blvd, a single family property. 02-02-2015 An initial rental license inspection was conducted. 28 property code violations were cited, see attached rental criteria. 02-12-2015 A second inspection was conducted and passed. 02-18-2015 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 03-06-2015 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 III of Crime Free Housing Program, etc. 03-30-2015 A Mitigation Plan was submitted. 04-06-2015 The Mitigation Plan was finalized. 04-20-2015 A letter was sent to the owner notifying that the hearing before the Council will be held April 27, 2015. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public (rust COUNCIL ITEM MEMORANDUM and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no .longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. ]'Jjssjojz: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public hits! 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 Onlv Type 1-3 Year 11-2 units 10-1 Type 11-2 Year 11-2 units I Greater than 1 but not more than 4 Type III - 1 Year 1-2 units I Greater than 4 but not more than 8 Type TV - 6 Months I_1-2 units I Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public trust COUNCIL ITEM MEMORANDUM License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 Impact 3-4 units 040.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than I but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 34 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan lllission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I City of Brooklyn center Phone: Th3-569-3300 TTY.711 6301 Shingle creek Parkway Fox 763-569-3360 Brooklyn Center, MN 55430-2199 kdR www.cityofbtooklyncenter.org Rental License Mitigation Plan--Type IV Rental License Hwtth4nhteii plans iti!1 not he accepted. Please lype or uwfihlabkforin on City website, Property Address; 6319 Brooklyn Blvd Ownvr Name: Dropadi Dhannoo Local Agent: Corey Erickman (Renters Warehouse) Owner Address: Agent Address: 470 Lakeland Ave N Crystal, MN 5,5429 6101 Baker Rd Suite 200 Minreionk, MN 55345 Owner Phone; 73.6O 0.9658/612.735.0063 Agent Phone:61 2.562.8868 Owner EmaIl: savftri867g mail Lco rn Agent Email: Rental License; New 7 Renewal: Current License Expiration Date.9/ee *P en di ng T yp e JV License Exp. Date: Exp. 10/31/2015 (Six months from cnrrni license xvtrallon) VS S Based on Property conditions and'or validated police nuisance incidents the above referenced property qualifies for a Type IV Rental Licen.e Before your license application Cali be considered by the City Council a Mitigation Plan must be completed and reviewed by City staff, A fuib completed Mitigation Pbii must be submitted immediately to ensure timely completion of the license application process The Mitigation Plan should indicate the steps being taken to correct identifiediolations and the measures that will be taken to ensure onaoina compliance with City Ordinances and applicable Codes The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to iniproe the overall conditions and rnanagèrrient of the property. NOTICE.-,Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this pcndinglicene period and avoid legal actions Section RRcqnircdDocumeuts Submit the following iocumviLs with the Mitigation Finn for approval: L_i I i.Crime Free I-lousing Program Training Certificate (ifeompleted, if not completed please include I / II 2. scheduled date in Section C. Copy of Lease including Minnesota Crime Free housing Lease Addendum11 V' 3.Submit written report by 10 1b of each month (afte.r license approval) Sect ion.C— Crime Free HousingPrograni Requirements Phil I '7 I 1.Use written lease including Crime Free Housing Lease. Addendum. '7 2.Conduct criminal background check for all prospective tenants. Provide documentation to City if rcquested I I J 3.Pursue the eviction oftenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan kt 11-16-11 [=I Atteid City approved eight hour Crime Free cOUrseS Date Course Completed: or Date Course Scheduled: OWNS Phase 11 L_1I Complete Security Assessment and implement all scovrity improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 040712015 Improvements to be cortapl*cl by: 30 Days Phe HI ' will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for MaY 142015 &JulW092O15 Do these two meeting dates occUT before th tren ding Type JVLieen..w expiration date? W Yes LI No (See S'ectkmA) If no, yett will only be able to qualit' for a Type IV Rental LiceRse upon renewal. I ' I will have no repeat code violations previously documented within the past year. FoprperIMt wiiJifnir ir more un//s: P I I will conduct residimmai ining annually that includes crime prevention techniques. Iwill hold regu lar resident meetings. Based on condition and age, estimated replacement dates are provided for common capita] items Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated rej,Ia cement date wil I rcciuire earlier corrections. Date Last Replaced Estimated Repjçiiint Date Furnace/AC-11ombt2014 2020 Water Heater-Kovembsr2014 202 Kitchen Appliances-February 2015 201 Laundry Appliances 2015 Exterior -Paiatlsiding, fascia, trim 4Vndows -Roof -Fence _i_ J u ne 201 2015 unknown unknown My 2014 2020 AMe 2U14 2018 -Shed -Garage -Driveway -, -Sidewalks ---,-.. WA WA Februy 2015 2021 Juty2Ol4 WA WA Smoke Alarms & Carbon Monox ide Alarms Februy 2015 - 2017 Other(s) Implementing the following best practices may assist in the management ofyouu - property. By, checking the boxes bdo w you agree io: F7_1I i. check in with tenants every 30 days. [1 /J 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-15-11 1 Evict tenants in violation of the lease and all addendums. 4.Provide lawn/snow service. 5.Provide garbage service. 6.Install security system. 7.Provide maintenance service plait for appliances. Name of service co. I LLiI g • 1 am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims duo to the City.II I R. Other(s): Please read thoroughly-, If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved mitigation Plan and all applicable city codes. No later than the 10 of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true andaccuratu. I uiideraiid that IF] do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date enforcement actions such as citations, formal complaint or license review may result owner oF Agent Name and Title (Those Priw,) 13 7' 3 Owner orkgent Signature Date Additional Owner or Agent Name and Title 'ifappIicabk) (P/core Pri) Additional Owner or Agent Signature ;icalle) Date For City UseMitiation Plan Approvcd By; ¶olice Department /Title Dat tYk - ______ B ing &4m ity Standards Department / Title ate Page 3 Type IV Mitigation Plan Rev 11111 City Council Agenda Item N©0 li'a #3 COUNCIL ITEM MEMORANDUM DATE: April 27, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5245-47 Drew 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 5245-47 Drew 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 duplex property. The previous license was a Type IV Rental License issued on October 14, 2014, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type III Rental License based on fifteen (7.5/unit) 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 and turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities: 10-23-2014 The owner, Mai Xiong, applied for renewal of the rental dwelling license for 5245-47 Drew Ave N, a duplex property. 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 11-12-2014 An initial rental license inspection was conducted. 15 property code violations were cited, see attached rental criteria. 11-24-2014 A second inspection was conducted and failed. A $200 reinspection fee was charged to the property. A total of $200 in reinspection fees is owed. 11-30-2014 The previous Type IV Rental License expired. 12-29-2014 A third inspection was conducted and failed. A $200 reinspection fee was charged to the property. A total of $400 in reinspection fees is owed. The property was posted as unlicensed. 01-12-2015 A fourth inspection was conducted and failed. A $200 reinspection fee was charged to the property. A total of $600 in reinspection fees is owed. 01-12-2015 A $300 Administrative Citation was issued for renting without a license. 01-26-2015 A fifth inspection was conducted and passed. The $600 in reinspection fees was paid. 02-03-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 02-03-2015 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. 02-23-2015 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 III of Crime Free Housing Program, etc. 02-27-2015 A Mitigation Plan was submitted. 03-03-2015 The Mitigation Plan was finalized. 04-20-2015 A letter was sent to the owner notifying that the hearing before the Council will be held April 27, 2015. Prior Type IV Rental License approval activities: 03-13-2014 The Owner, Mai Xiong, applied for renewal of the rental dwelling license for 5245-47 Drew Ave N, a duplex dwelling. 04-08-2014 An initial rental inspection was conducted. 40 (20/unit) property code violations were cited, see attached rental criteria. 05-12-2014 A second rental inspection was conducted and passed with weather deferral. 05-21-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-31-2014 The previous rental license expired. 06-05-2014 The weather deferral inspection was conducted and passed. 06-27-2014 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-08-2014 A Mitigation Plan was submitted. 09-22-2014 The Mitigation Plan was finalized. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 10-01-2014 A letter was sent to the owner notifying that the hearing before the Council will be held October 13, 2014. If approved, after six months, a new rental license is required. The license process will begin in immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to.the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (rust COUNCIL ITEM MEMORANDUM 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to. license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. 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. 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 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 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Type III - 1 Year 11-2 units Greater than 4 but not more than 8 Type IV - 6 Months 1-2 units Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 34u-hits Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (rust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Strategic Priorities: Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5245-47 Drew Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5245-47 DREW AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5245-47 Drew Ave N was issued a Type IV Rental License on October 14, 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 5245-47 Drew Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings and turn in monthly updates. 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 5245-47 Drew Ave N, Brooklyn Center, MN. April 27, 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. I City of Brooklyn Center,phone, 763-3 TTV 711 63G1 $hingCre1c Parkway , Fa 763-569-3360 rook1yn cetcr, MN 543O-21 WWW c yoftirook!ynt.entet org4 4, Rental, License Mitigation Plan—Type [V Renta! License HandwrMenpknswWav'thearelepred P/e type rLcefillabMfOrfli on city ,vebsZE& _- yAddtess 5245- 547 Drew Ave N - OerNanie Mai Xlong ---IA "Mas Xiong Owner Address - .9163 P rtveWoodbWy MN 55125 Same OwnerPhone 651-808-4718 Agent Phone OwirEmail ma xiong©yahoo corn Agent Email Rental License 0 New RCnevr1 CutLiccnse Expiration Date_- ti D / 1+< *Pending Type WUcecp+Date __SJ5J (x njhm anent ftense exp iradon) on property conditions midlor validated police nuisance i deils, the above rthrencoci properr qualifies for a Type IV Rental License. Before. your license application can be considered by the City Council 1 a Mitgaticn Plan must be completed and reviewed by City staff A fully completed -hfifi.g,atiOn Plan must be snbmifled mimediatelytoerisuretimely coinpletionofthelicense app1icationpiocesS Mitigation Plan should wdicaf the steps ittakezi to coirct identifleoonand the measures that will be taken to nswe Q in Ml I wet wth City Oniitiances and applicable Codes Th e Mthgatiozt Plan provides an eppottumly to review property con ceniS and Ldei1t1fr possible sotutons to improve the overall conditwns and nianaernènt of the properly. NOTICE; Thn is Rthniiig Out—You must TAKE ACTION NOW in order to meet all the city-ordinance and 11itigation Plan requirements within thispàidirg license periád and avoid lga1 aedons _ - Ptun for approvs.h 1/1 L Cdme iiee HOusing Frgram Training Ce bmpletA if riot conipteted please inôhte scheduled date in Section C 171 2 Copy of Leese LncLud1n Minnesota Cnme Free Howwig Lease Addendum IZI 5, Sumtwrepoy 1 OofeachIflOnth(after 1 iC 1SPPf0V 3l) -----------------.- _,--- .- FhieI -- _lr r fi Use watten l ewe including CrirneFmeeRousmgseAddendum, Ti 2 Conduct rijr!W bwkgmimd checkfornllpwthvetenant& Provide documentation to City if __ quested. 1 1 1 3 P nofteian oatethetefthe1easeoraflyaddeflckJfl1 Page 1 Type IV MWIRtuon PIM R& 11-16-11 nbirili the (. ED &Attejtd City rçproved eight hour Ciimc Free, cour se.1Jkig Date Couae CGnpIete& JQjI JC) I 9 Date Course Scheduled: - Phim 11 i I Complete Security Asesntent and impl e ment all security improvements rconmended by the WOOMyn Center Police Depatment. Date Schedidixt-tJI2,nIJ Phase IIIMI Will attend a Minim mot5O% of the ARM meetings (t).I vU attend the ARM meethigs schedWed for J2& fjjj1,D( Do these two meeting dates occur before The 'Pemftng 2) lJ'Ikenre eipiratioi date?Yes U No(ee &cdonA) V n *u will s*be Able to qu&lify fora Type W Rtttt1 Uree eozi k?ewL 1 I will hvano repeat wde vi"ons prevkaly documted wWA tiie past ye*t. F 'Iwill con duct Tesi den baking minu11ythatinthdes crime , prevenion teckmiques.E1 will hold rear resi dent nieeiiags. VME Based on condilicrn a nd age, esthnated replacement dates we provided for common czOW i1ere Fundingshould be cos'dered ccordingly However, iters broken wo m oratherwisein violation poor to the estminted Due Last R*ced EsdRttDFumacdAC.£I12 -ILYITIJ "Oft 1n*Extthor•_______ _______ .Painidin& fasc trim-Widows u211 0 -Shed CUM*2D24 - - -Sidewalks CAMM Smoke Maims & Ceibon Monoxide Marais PAay14 Nvth.OI I Ls "^mftryImplementing the Mowing best practices may assict in the management of totir propwty.Ih*Ithe Mes Mowyoi agretii-M t•. Chwk -___IL/I 2. propertocheck (brationstwkeamonth. Pge2 Type IV MitigatIon Plan Rev 11-15-11 13 Evict tenants tnvi&dionofthe I ease and alLaddeii4urns117] 4. Provide lav1nlsnow ecvj<e,r / 5 . Provi 6. Insthl secmiiy system. S None1 Provide ffmin eseniicepIanthrapplian. Nme of Semee Co.: 111 ffs. I amandU remain tnirenion paymnufutility fees taxes 3___ iwithl daims dueto the City,ir1 - Plraae *'e.id thwoighIy: IF the TypIV Rfla1 License is approved by the City CciI the Ucisee must coznpy with the appr4Miligation Plan and all applicable city codes. No 144T than the 1Gof each calendumowk the heerisee mustsubmit to the BuiIdig and COmmunity Standards Depanent a written report dnbing all sts taken tocomply with 609fli gation Plan I veifr that all informaibnprMdcd above Is siie and auraje. I uzidersiand that if Ide not comply with appmvnd Mitigation Pthi comply with all apflable ordinances within the hcis peiod, or operate beyond the license nspitaiinn date; enforcementacUot such as cltatkm Cunnal wrnplaint or license review may result Owner orAgentNm OnerorA(n) - Date Additional Ownctor Agex Name and Tide (ff4pli17bJe) Ieas' Print) Mdilionierc4entSnatum (fappIiabk) - Date FcrCii PIm AprLwit1 Tix Foliccp5ent/T1flc - • tOt fABUIdmo1flJ(aun1 'Staiidiiith Vcpaitmtzt/ Thic Date Page 3 Type IV MFtiatlon Plan Rest 11-16-l1 City Council Agenda Item No. lOb COUNCIL ITEM MEMORANDUM DATE: April 23, 2015 TO: City Council FROM: Curt Boganey, City Mana$2 SUBJECT: Resolution Adopting the 2016 Strategic Priorities and the 2016-18 Strategic Plan Recommendation: It is recommended that the City Council consider adoption of a Resolution Adopting the 2016 Strategic Priorities and the 2016-18 Strategic Plan. Background: On February and 7thi the City Council and Management Leadership Team met and engaged in a facilitated teambuilding and strategic planning session. On March 3rd the Double Dozen management group, composed of department leadership throughout the organization, met with the facilitator to refine the draft plan and develop a set of potential initiatives and action steps. Adoption of this plan and priorities as official Council Policy establishes clear direction for the staff. It expresses a shared desire on the part of the Council and staff to utilize our resources in a manner that will significantly affect outcomes in the six strategic priority areas. The six strategic priority areas are: Resident Economic Stability, Targeted Redevelopment, Enhanced Community Image, Inclusive Community Engagement, Strengthened and Empowered Youth, and Key Infrastructure Improvements. It is our expectation that by focusing on these priority areas over the next three years the community will continue toward the achievement of our mission: ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust. Budget Issues: There are no budget issues to consider. Strategic Priorities: ]'J/ss!oj,: Ensuring an aI/iacTh'e, clean, safe, inclusive coininuuuuit' that enhances the qul(uhitl' of life fir all people and preserves the public trust March 2015 H 1 BROOKLYN CENTER MlW111ILSOTA A GREAT PLACE TO START, A GREAT PLACE TO STAY lw t CRAIGRAPPI LLC IMPROVING ORGANIZATIONS AND THE PEOPLE WHO LEAD THEM PIi[G1 rL !MPRQVINC QRG,AN!7ATIQNS & THE PEQPI F WHo LFAI) THEM March 17, 2015 RE: FY 2o16-2o18 Strategic Plan- City of Brooklyn Center Dear Mayor Willson, I am pleased to present this FY 2016-2o18 Strategic Plan and Summary Report to the City of Brooklyn Center. The plan reflects the organization's commitment to strategic thinking, measurable results and the delivery of quality services. Thank you for the opportunity to assist the City with this project. You, the City Council and senior staff are to be commended for your dedication and effort. I also want to thank Curt Boganey and the staff for the help and support provided during the process. Yours truly, 1^^- Craig R. Rapp President CRAGRAPP, LLC CHICAGO 40 East Chicago Avenue 0340. Chicago, IL 60611 • MINNEAPOUS 3208 West Lake Street #142, Minneapolis MN 55416 wIrn,o CraigRappLLC • EACEBOOS CraigRoppLLC • TOLL FREE: 800-550-0692 • CralgRopp.com , CompossPeerGroupcom Table of Contents Executive Summary 2 Strategic Plan Summary 2016-2o18 ...............................................................................................3 City of Brooklyn Center Strategic Planning Process....................................................................4 Effective Governance, Culture and Value Proposition, Z Profile......................................4 Reviewing the Environment, Setting Strategic Priorities............................................................6 Defining Strategic Priorities ..........................................................................................................8 KeyOutcome Indicators By Priority..............................................................................................9 Implementing the Vision: Developing Strategic Initiatives and Action Plans ............................10 StrategicPlanning Participants.....................................................................................................12 Appendices: SWOT Analysis Data ................................................................................................. Appendix 1: SWOT Results - Strengths.......................................................................................ii Appendix 2: SWOT Results - Weaknesses ..................................................................................v Appendix : SWOT Results - Opportunities................................................................................vii Appendix : SWOT Results - Threats .......................................................................................... x Appendix : SWOT Results - Highest Priorities..........................................................................xiii Appendix 6: Strategic Initiatives-Action Plans...........................................................xv City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 Executive Summary On February 6 and 7, and March 3, 2015, the City of Brooklyn Center's leadership team engaged in a teambuilding and strategic planning process. The three meetings yielded a draft strategic plan for the three-year period 2016-2018. The strategic plan consists of a set of six strategic priorities, which are the highest priority issues for the next three years; a series of key outcome indicators, which describe desired outcomes and success measures; and a list of strategic initiatives, which define the actions that will be taken to ensure successful effort. At the initial planning meeting on February 6, the group discussed their operating philosophy, effective governance and their team styles. On February 7, the group reviewed their operating environment and identified a list of challenges facing the community. Based upon those challenges, the group identified a set of strategic priorities for the performance period. This was followed by the development of a set of key outcome indicators (KOI's) for each priority, which defined desired outcomes and measurable targets. On March 3, the senior staff created a set of strategic initiatives and action plans to address the priorities and achieve the key outcomes. The strategic priorities and key outcome indicators are summarized on the following page. City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 City of Brooklyn Center- Strategic Plan Summary 2016-18 Strategic Priority Key Outcome Target Strategic Initiatives Indicator_(KOI) Economic Stability- Residents Lowest income quartile-wages Increase the average wage of lowest quartile of employed population to equal the Hennepin County Average a)Establish workforce collaborative b)New job creation New higher wage Addition of # of_ new livable strategy jobs created wage jobs created c)Community-wide Certificates,Increase % of residents w/post--education & training graduations, training secondary degrees/certificates equal strategy for BC residents to the Hennepin County resident d)Promotion campaign for percentage start-up businesses Locally owned start-Addition of 5 new start-up ECONOMY ups businesses Redevelopment - Targetedg CARS w/ HEART site Completion of Senior assisted living development a)Senior facility strategy for 2/2015-3/2017 b)Phase I strategy for 10-Opportunity site Completion of Phase I mixed use development residential development 15 acres & 250 units Shingle Creek Completion of Phase II c) Phase II strategy with Crossing market analysis and ( IOWTU development incentives Community Image -Enhancedd Expressions of pride in community 90% respond positively on community survey a)Customer service training b)Market BC to realtorsSerious crime Part 1 violent crime rate 10% lower than Hennepin County average c)Establish hotel licensing Realtor feedback 80% of realtors recommend BC to ordinance addressing clients crime reduction strategiesWebsite visits-300 unique page visits per year to BC community amenities promotion page d)Promote community on OPERATIONS amenities and promotion website Community Engagement - Website visits by non-English users Increase 25%a)Comprehensive recruitment strategy for non-traditionalNon-traditional 2 applicants for each opening All Segments of City applicants for applicants Commissions and b)Website enhancements volunteer positions for non-English speakers STAKEHOLDERS c) Recruitment strategy for participation at BCUBCU participation 20 participants each session Youth - Strengthened and Empowered High School graduation rate Increase 2% across city a)Collaborate w/ Brooklyn Bridge Alliance for Youth b) Consider increasing City Youth unemployment rate Decrease 2% Out-of-school Increase 10%allocation to strengthen program participation rate and empower youth c) City-wide crime analysis Leadership 25-50 youth leaders actively engaged d)Work w/ Hennepin development diversion program Youth crime rate Decrease 2%, with emphasis on STAKEI -101 .DFRS diversion and restorative justice Infrastructure - Key Investments CIP funding ____________________ Full funding of highest priority projects a)Comprehensive CIP plan b)Phase II Federal Funding for Brooklyn BlvdBrooklyn Blvd Obtain Phase 2 Federal funding corridor corridor OPERATIONS c) Phase I Federal FundingTH 252 Obtain Phase 1 Federal funding forTH 252 City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 City of Brooklyn Center Strategic Planning Process Strategic planning is a process that helps leaders examine the current state of the organization, determine a desired future state, establish priorities, and define a set of actions to achieve specific outcomes. The process followed by the City was designed to answer four key questions: (i) Where are we now? (2) Where are we going? () How will we get there? () What will we do? Effective Governance, Culture and Value Proposition, the Z Profile On Friday, February 6, the leadership team reviewed and discussed the role of governance— examining the Carver Policy Governance model and other examples of effective municipal governance. The Carver model was presented as a best practice example. The group discussed how they compared to the best practices. It was generally agreed that the leadership team functioned at a high level, and that followed most of the practices presented in the Carver model. Following the governance discussion, the group completed brief assessments to determine each participant's Z "style", and their beliefs about organizational culture and value proposition. The Z model is a way of examining people's preferred roles for working on teams, and on issues. The model specifies the roles/process steps of Creator, Advancer, Refiner, Executor and Flexor- explaining the need for each style and step in decision-making. After a facilitated discussion, the groups' preferred styles were plotted on a graph. Collectively, the leadership team was identified as people who fall mostly on the "Creator/Refiner edge of the spectrum. Only two were in the "Creator/Advancer" category and two in the "Refiner/Executor category. It was noted that the policy process often requires a focus on the "Creator/Advancer" roles; however, the group agreed it is important to make sure that attention is paid to proper refinement and execution of policies, programs and ideas. The group then turned to a discussion of the organization's culture and the value proposition. The culture and value proposition provide the foundation for the way in which services are delivered and strategic direction is set. Four core cultures and three value propositions (including strengths and weaknesses) were presented and summarized: Four Core Cultures Control Culture (Military -command and control) Strengths: Systematic, clear, conservative Weaknesses: Inflexible, compliance more important than innovation Competence Culture (Research Lab - best and brightest) Strengths: Results oriented, efficient, systematic ri City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 Weaknesses: Values can be ignored, human element missing, over planning Collaboration Culture (Family-teams) Strengths: Manages diversity well, versatile, talented Weaknesses: Decisions take longer, group think, short-term oriented Cultivation Culture (Non-profit/religious group-mission/values) Strengths: Creative, socially responsible, consensus oriented Weaknesses: Lacks focus, judgmental, lack of control Three Value Propositions Operational Excellence (Wal-Mart, Southwest Airlines) Li They adjust to us (command and control) Product/Service Leadership (Apple, Google) Li They 'ooh and 'ah' over our products/services (competence) Customer Intimacy (Nordstrom, Ritz-Carlton) Li We get to know them and solve their problems/satisfy their needs (collaborative) The answers to a brief questionnaire on both culture and value proposition provided a starting point for a facilitated discussion of the current and desired states. Summarized below are the responses, sorted by Council and staff: Core Organizational Culture (current state) City Council El Control 13oCollaboration 10 El Competence 12 El Cultivation 16 Staff El Control 24 0 Collaboration 20 El Competence 21 o Cultivation 27 Value Proposition City Council Operational Excellence Product/Service Leadership Customer Intimacy All things to everyone Current state Desired state 22 1 1 2 17 20 10 19 5 City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 Staff Current state Desired state Operational Excellence 31 10 Product/Service Leadership 7 13 Customer Intimacy 24 34 All things to everyone 26 29 The Council and staff engaged in a discussion regarding the organization's value proposition- noting the solid agreement on the current state, and a general agreement about the primary and secondary focus for the future desired state. The group came to a general consensus that customer intimacy is the primary value proposition - with the secondary emphasis on operational excellence. The group agreed to continue this discussion in order to determine the changes necessary to achieve the desired state. Reviewing the Environment, Setting Strategic Priorities On Saturday, February 7, the leadership team began the process of developing the strategic plan. The first step taken in the process was an assessment of the environment within which the City operates. This was done via a SWOT (Strengths, Weaknesses, Opportunities, and Threats) analysis: a process that examines the organization's internal strengths and weaknesses, as well as the opportunities and threats in the external environment. To facilitate this, a SWOT questionnaire was distributed to the City Council and senior staff in advance of the planning session. The SWOT process revealed the most frequently mentioned characteristics in each area: STRENGTHS • Fiscal management/long-term planning o Redevelopment opportunities • Innovation and recognition • Leadership and experience • Community and diversity • Collaboration and flexibility • Location and amenities WEAKNESSES Diversity-lack of diversity among employees; communication barrier; isolated pockets of certain groups o Economic impact- limitation/prioritization of resources; lack of high paying jobs/opportunity; lack of diversified housing; aged buildings and infrastructure; tax base o Image- actual; perceived OPPORTUNITIES • Inclusion and diversity o Redevelopment/housing • Partnership/investments • Image and opportunity City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 • Infrastructure • Council and staff THREATS • Economic disparity- low household income; lower education and potential achievement gap • Diversity- age, race, gender; changing demographics • Image- challenge of outdated negative image o Externalities- economy-business cycle; natural disasters; state fiscal relationship; unfunded mandates; competition for redevelopment The group then engaged in an exercise using the summarized SWOT data. They compared strengths with opportunities and weaknesses with threats, to determine which opportunities would maximize strengths, and which weaknesses would be exacerbated by the threats. This effort helped to crystalize the current challenges and opportunities facing the community. The results of this analysis are listed below: STRENGTHS-OPPORTUNITIES (Make good things happen) o Maximize Image and Diversity by engaging all community segments • Leveraging strengths of fiscal management, leadership and location- to ensure high quality and appropriate C/I and housing o Leverage our leadership, diversity, and our amenities to enhance our city's image o Leverage fiscal planning, collaboration with other agencies and location to ensure that expansion and renewal of our city infrastructure WEAKNESS ES-TH REATS (Keep bad things from happening) Diversity- communication and engagement of the communities o Economics- lower median household income; funding challenges of competitive education Image- addressing actual / perceived This led to the identification of a broad set of issues and/or challenges facing the community: ISSUES/CHALLENGES • Communicate and engage all segments of the community Workforce development o Income strength and stability • Community image o Infrastructure 7 City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 Redevelopment- and housing • Succession planning • Youth development Once the current challenges were identified, the group discussed the issues that were most important over the next three years. From that discussion, a set of six Strategic Priorities emerged. They are: STRATEGIC PRIORITIES 1.Economic Stability 2.Targeted Redevelopment 3.Enhanced Community Image 4.Community Engagement- across all segments of the city 5.Strengthening and Empowering our Youth 6.Key Infrastructure Investments Defining the Strategic Priorities In order to clarify the meaning of each priority in the context of Brooklyn Center, the group identified key concepts for each. The concepts are listed below, and will be used by the group to establish the final definitions. Economic Stability Median income, job creation, entrepreneurship, workforce development, financial planning, public/private 2.Targeted Redevelopment EDA owned/opportunity site, housing, diverse housing types, housing broader demographic segments, environmental sustainability, community buy-in, sustainability, higher wage/livable wage and jobs, locally owned 3.Enhanced Community Image Communication, perception, public safety, inviting, pride, opportunity, share stories, amenities, proactive and reactive 4.Community Engagement - across all segments of the city Communication, listening, community leaders, understanding, barriers, accessibility, all demographics 5.Strengthening and Empowering our Youth o Training, leadership development, life skills, engagement, opportunity, prevention, educational attainment, mentoring RE City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 6. Key Infrastructure Investments • Intergovernmental funding, local impact, key corridors, streets (neighborhood), capital maintenance, green space Determining Success: Defining the Key Outcome Indicators After identifying strategic priorities, the group focused on developing a set of Key Outcome Indicators (KOl's). KOl's define what success looks like and includes a description of successful outcomes, expressed with measures and targets. The KOI's provide organizational focus by establishing a limited set of desired outcomes and performance targets for achievement for each strategic priority. The alignment created between KOI's and Strategic Priorities is important, not only for clarity, but for maintaining a disciplined focus on the desired results. Key Outcome Indicators, by priority are: Economic Stability a.KOl: Wages-lowest quartile; TARGET: Increase by % wages of lowest quartile of employed population b.KOl: Wage levels-new jobs; TARGET: # new livable wage jobs - graduates c.KOl: Certificates, graduations, training- new residents; TARGET: % increase in residents with post-secondary degrees and/or certifications d.KOl: Locally-owned start-ups; TARGET: # new start-up businesses 2. Targeted Redevelopment a.KOI: CARS w/ HEART; TARGET: Senior assisted living facility completed b.KOl: Opportunity site development; TARGET: Phase I mixed use residential development completed c. KOl: Shingle Creek Crossing development; TARGET: Phase[] completed 3. Enhanced Community Image a.KOI: Expressions of pride in community; TARGET: % respond positively about the city on community survey b.KOI: Serious Crime; TARGET: - compared to Hennepin County average c.KOl: Realtor feedback; TARGET: Positive recommendations from realtors re: Brooklyn Center- as determined by random survey d.KOI: Website visits-community amenities; TARGET: # of page visits 4. Community Engagement- across all segments of the city City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 a.KOl: Website visits-non-English speakers; TARGET: 25% increase b.KOl: Non-traditional applicants for Commission and volunteer positions; TARGET: 2 applicants for each opening c. KOl: BCU participation; TARGET: 20 participants 5. Strengthening and Empowering our Youth a.KOl: Graduation rate; TARGET: 2% increase b.KOl: Youth unemployment rate; TARGET: 2% decrease c.KOl: Out-of-school time participation rate; TARGET: 10% increase d.KOl: Leadership development; TARGET: 25-50 youth leaders actively engaged e. KOl: Youth crime rate; TARGET: 2% decrease —emphasis on diversion and restorative justice 6. Key Infrastructure Investments a.KOI: CIP funding; TARGET: Full funding -highest priorities b.KOI: Brooklyn Boulevard corridor; TARGET: Phase II funding c. KOl: TH 252; TARGET: Phase I funding Implementing the Vision: Developing Strategic Initiatives and Action Plans To successfully address the strategic priorities and achieve the intended outcomes expressed in the KOl's, it is necessary to have a focused set of actions, including detailed implementation steps to guide organizational effort. The City of Brooklyn Center will accomplish this through development of strategic initiatives for each priority. Strategic initiatives are broadly described, but narrowly focused activities that are aligned with the priorities, and targeted to the achievement of outcomes expressed in the KOI's. The senior staff, during a strategic planning session on March 3, developed a set of strategic initiatives, along with detailed action steps: Economic Stability a.Establish a workforce collaborative b.New job creation strategy c.Create a community-wide education and training strategy d.Develop a promotional campaign for start-up businesses 2. Targeted Redevelopment a.Develop a senior facility strategy for 2/2015-17 b.Implement Phase I strategy: 10-15 acres and 250 units c. Implement Phase II strategy: market analysis and incentives 10 City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 3. Enhanced Community Image a.Develop customer service training for all employees b.Create and implement plan to market Brooklyn Center to realtors c.Establish a hotel licensing ordinance d.Implement a promotional strategy for community amenities on website 4. Community Engagement-across all segments of the city a.Develop a recruitment strategy for non-traditional applicants b.Enhance the website for non-English speakers c. Create and implement a recruitment strategy for increased participation in BCU 5. Strengthening and Empowering our Youth a.Develop collaboration plan with Brooklyn Bridge Alliance for Youth-targeting BC outcomes b.City Council consideration of increased allocation to BBA/ Youth to strengthen & empower c.Conduct a city-wide crime analysis d.Establish a working relationship/strategy with Hennepin diversion program 6. Key Infrastructure Investments a.Develop a comprehensive CIP Plan and funding strategy b.Complete Phase II Federal Funding process-Brooklyn Blvd corridor c. Complete Phase I Federal Funding process- TH 252 11 City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 Strategic Planning Participants The strategic plan was developed with the hard work and dedication of many individuals. The City Council, with its foresight and dedication led the way, taking time out their schedules to commit to long-term thinking. They defined a direction and a set of outcomes that are important to the community. The senior staff supported the City Council and also engaged in new ways of thinking. Elected Officials Tim Willson, Mayor April Graves, Councilmember Kris Lawrence-Anderson, Councilmember Lin Myszkowski, Councilmember Dan Ryan, Councilmember City Administration-Department Staff Curt Boganey, City Manager Vickie Schleuning, Assistant City Manager Nate Reinhardt, Finance Director Kevin Benner, Police Chief Lee Gatlin, Fire Chief Steve Lillehaug, Public Works Director Gary Eitel, Business & Development Director Jim Glasoe, Community Activities, Recreation and Services Director Troy Gilchrist, City Attorney 12 APPENDICES SWOT Analysis Data In order to clarify the strategic challenges confronting the community, the City Council and senior staff conducted a review of the current operating environment using a SWOT analysis methodology. SWOT stands for Strengths, Weaknesses, Opportunities and Threats. The internal strengths and weaknesses and the external opportunities and threats were assessed. This was done in two parts: (i) in advance of the retreat, all participants completed a SWOT questionnaire; and (2) the group participated in a facilitated process that used the questionnaire results as the basis for analysis and decision-making. The following Appendices contain the complete information contained in the questionnaire responses. APPENDIX 1 SWOT Results -Strengths • Skilled, motivated staff • Functional, committed council • Dedicated, community-oriented Police and Fire Depts • Effective budget development process • Flexibility: Demonstrated by team effort, where staff worked across departmental lines to meet major challenges faced by the city over the last 8 years. • Commitment to excellence: Demonstrated by the League of Minnesota Cities award in 2013 for Brooklyn Center's Performance Based Rental License Ordinance; the VERA Institute's award to the BCPD and Denmark's police using our department's JCPP program as a model for community out-reach; outstanding redevelopment of both high value commercial properties and our residential neighborhoods; professional recognition for excellence to the city's finance department; and the commitment of both CARS and BCPD to the Brooklyn Bridge Alliance. Brooklyn Center is strengthened by the diversity of its residents. It is strengthened by its size and how it values the natural land. I believe that the council, and city administration is one of our strengths. Most departments seem to have a good sense of responsibility, accountability and regard for their role in the lives of those living here. I think there is a sense of integrity in the management of the cities affairs. • Momentum of successes- innovations Strategic Plan in place and its implementation o Some effective multi-departmental cooperation and programs o Unified priorities (strategic priorities) and support from Council o Differing views, but respectful discussions of Council o Significant number of high-performers in staff • Some demonstrated good multi-agency relationships and programs- (JCCP, BBA) - with Hennepin County, Brooklyn Park, CEAP, HomeLine, Open to Business, Attorneys, etc. o Leadership that is outward focused. What can do to benefit the long-term future of the Community? There are few personal agendas or special interest leaders. III • The challenges of a dynamic, aging, demographically diverse and changing community with many deficits and assets make for an exciting, interesting job. It creates great opportunities to make a real meaningful difference for the present and future generations. • We have a seasoned and knowledgeable staff that works collaboratively toward a shared vision and goals. We have several employees with significant tenure and institutional knowledge. • We are engaged in a variety of multi-jurisdictional collaborative efforts such as the Brooklyn Bridge Alliance, JCPP, NWHHSC, HRC, and Active Living. The collaborative efforts are cost effective and essential for addressing very complex needs. • A staff that works to fix the problems rather than the blame • The City has a history of strong fiscal planning and conservative budgeting. • Community Policing Model • Location/Proximity (Metro Area) • Financial Position - Low Debt/strong Fund Balance • Ability to attract and retain high quality department heads and employees • Diversity • The Mayor's experience, leadership, and compassion for the Community; • The commitment of each Council Member, their sincerity and compassion for the entire community; and their collective efforts (team work) to benefit the community at large; • The City Manager's experience, leadership, commitment, and pro-active approach in addressing community issues; • An experienced and knowledgeable city staff, committed in the delivery of quality public services and achieving the community's goals. • The community's spirit. • The volunteerism of many residents, civic and business organizations. and activists interested in public services and programs; • The five elementary schools, which complement the City's Park & Rec system, and serve as neighborhood focal points; • Diversity • Proximity to Minneapolis! St Paul • Transportation Access 694, 100) • Mississippi River/Twin Lakes 111 • Parks/Trails • Public amenities (community center, golf course Earle Brown Heritage Center) • Opportunities for redevelopment • Feeling of "Community" • Entry level housing • Fiscally responsible city government • Strong financial rating • Long range CiP • Brooklyn Bridge Alliance for Youth • Diversity • Proximity to Minneapolis/ St Paul • Transportation Access 694, 100) • Mississippi River/Twin Lakes • Parks/Trails • Public amenities (community center, golf course Earle Brown Heritage Center) • Opportunities for redevelopment • Feeling of "Community" • Entry level housing • Fiscally responsible city government • Strong financial rating • Long range ClP • Brooklyn Bridge Alliance for Youth iv FADJUAMPIMM SWOT Results - Weaknesses • Feeling amongst some female employees that the work place is not inclusive o Lack of diversity among city employees • Communication barriers with constituents o Lack of resources in certain key areas: Insufficient resources to address the problem of low income or poverty in growing number of households in the city; civic engagement with culturally diverse populations, disadvantaged youth and low-income seniors. The question is, does the city have the additional staff and expertise needed to research new initiatives, and developing the right service model for B.C. the 21 st Century? • Lack of diversity on the city staff. o Lack of funds to do everything o Low community involvement and engagement is an issue, both politically and socio- emotionally. • Isolated pockets of certain groups of people that are not being engaged or welcomed or involved in leadership roles or decision-making process is something we should try to understand and improve Economic opportunity and attainment for those living here could be elevated. o Low academic achievement • Youth homelessness • Low prioritizing of social services in budget • Need for conscientious cultural competency. • Limited resources vs. community needs- projects, technology, time frames Socio-economics • The City is very reliant on Fiscal Disparities for general operations and LGA is essential to our Capital Program. The organization is not reflective of the cultural, ethnic and general diversity of the community we serve. o BC School District has very little tax base and a resulting high tax rate and burden especially for business we want to attract and maintain. V • Some divisions or departments may be under resourced relative to the increasing demands and expectations. Sometimes we add new initiatives without considering the need to expand or reallocate resources. • Our image in the Greater community is not as positive as we need it to be in order to attract investment by residents and business and industry • Diversity in workforce (persons of color) • Diversity • Image/perception • Lack of diversified housing • Lack of healthcare • Lack of high paying jobs • Vacant/closing storefronts • Inability to attract business (restaurants) • Aging buildings and infrastructure • Five separate school districts • Economic factors • Relative tax rate • Maintaining a competitive work environment • Residential market values and corresponding property tax rates • Limitations on existing staff resources to sustain expanding programs and new community out-reach activities. • Tight budgets with limited discretionary funds for non-essential expenditures. • Understanding how the changing demographics of our community will influences the following: - the retail and service needs of the community and new market opportunities - the community values, needs, and priorities, - government's approach in delivering services, and - the future of civic groups, organizations, and volunteerism within the community Vi APPENDIX 3 SWOT Results -Opportunities To be an example of how diversity can be embraced and used to strengthen communities and by extension greater society. o Programs and developments that serve the community and the cities needs. o Collaborations and partnerships that create networks of support o Opportunity and innovative actions that tackle multiple problems simultaneously. Redevelopment, continue to lead on many fronts across the metro. • Both metro and national recognition JCPP, diversity, etc..... • The Opportunity Site for mixed-use residential/commercial development, and Single Creek Crossing for commercial development. • The Brooklyn Bridge Alliance as a model for building greater opportunities for disadvantaged youth. o Meeting the needs of an aging population through partnerships with various service providers and stakeholders. o On-going efforts by the city in citizen engagement on many levels. Social media • Young families with children moving into BC o Completion of Shingle Creek Crossing o More organizations and individuals having conversations about race, equity and inclusion • Redevelopment opportunities (significant available redevelopment land, great access to the regional transportation system, existing infrastructure in place and adequate to support most redevelopment) • Trusted Mayor/Council • Strong leadership o Well trained, experienced staff • Strong public support • Good service reputation/credibility • Workforce diversity (age, experience) Size of organization Vii • Increase workforce diversity (persons of color) • Continue to create strong neighborhoods • Continue marketing for commercial redevelopment • Positive survey results - continue to improve • Change negative perception • Make city more welcoming to diverse cultures • Redevelopment activities and opportunities to reimage the Brooklyn Boulevard Corridor. • The EDA's use of Tax Increment Funds to acquire distressed properties to promote redevelopment opportunities within the Brooklyn Boulevard Corridor and Opportunity Site. • The City's ability to promote new housing opportunities on EDA owned lots acquired through the Remove & Rebuild Program and options for a variety of new housing types within the Opportunity Site and the Brooklyn Boulevard Corridor • The continued commitment to the City's CIP Plan for street & municipal utilities projects: (the 2015 includes the 63rd Ave. and its intersection with Brooklyn Boulevard.) • The Shingle Creek Crossing redevelopment of the former Brookdale Mall properties, • The recovery of housing values from the negative effects of the 2008 Recession. • The recovery of the industrial market and growth of new industrial businesses. • Changes in rental property ownership, resulting in improved property management and re- investments into the City's rental housing stock (better housing opportunities for people choosing to live in Brooklyn Center.) • Partnership with the Three River Park District resulting in new investments in the Regional Trail System within the community. • Partnerships with MnDOT and Hennepin County resulting in their investments into the State's and County's infrastructure serving the community (bridges, roadways and intersections) and planning for additional improvements within the Brooklyn Boulevard and Highway 252 Corridors. • Success in obtaining environmental cleanup grants from DEED, Metro Council, and Hennepin County resulting in new industrial development and employment opportunities. • The potential of new regional investment of State and Federal funds into areas within the City identified as having concentrated areas of poverty. • Redevelopment Opportunities (Opportunity Site) and attracting investment into the City • Utilizing the diverse demographics of the City to bring new ideas or service offerings Viii e The new Inclusion and Diversity Council will help the City develop, attract and retain the staff, and employ the type of practices that will make us more effective service providers. • The New Water Treat Plant, the New Amphitheater, Repairs to the Community Center our ongoing neighborhood reconstruction program all with other Capital investments will help instill pride and confidence in the City and it future. e 2014 was the lowest violent crime rate in the last 25 or more years. If we continue this trend for the next several years, the perception of BC as unsafe can be significantly reduced. • If we are able to accelerate redevelopment of the EDA owned properties over the next 3 years three years the investment communities will favorably attracted to the City Of Brooklyn Center. • We should align more of our City Efforts to achieve the vision of the Brooklyn Bridge Alliance for youth. We should invest in the low income youth so that they have ready access to quality out of school time program without cost. Workforce development should become a City priority. A healthy community requires meaningful living wage jobs for all residents. We should support efforts to train, develop skills for all of residents and provide career opportunities for those who current operate on the margins of society and feel they have no hope or lawful options for success. • Image is improving, continue to capitalize on successes and improvements • Changing demographics- youth programs and engagement • Developing a community workforce- counter threat of concentration of low income • Improving business economy- business retention and attraction Continued collaborations with public/private entities- duplicate services, strengths of each, etc. ix APPENDIX 4 SWOT Results -Threats • Natural disasters • Unanticipated LGA funding cuts • Federal and State or County mandated expense and resource needs o Outmoded and bigoted ways of judging others and perceiving the world. Our very strength of diversity is also a threat to many. It is a sensitive topic that must be acknowledged and processed with conscious compassion, and intention toward implementing change. o Continued fracturing of the community, leads to subgroups that do not interact and engage each other as community members, instead they regard each other with suspicion and fear. o Economic: B.C.'s median household income is significantly lower than the Twin Cities metro average. The next recession could force budget cuts adversely affecting key city programs. o Decline in volunteers among younger generation. o Lack of diversity on city of staff o Recent Violent Crime o Social media. • Sense of community limited to immediate neighborhoods o Educational attainment (preK-post grad) of BC students o Limited civic engagement • Poverty • Continued poor image outside of the City • Housing stock (Small lots with low value houses in the City, lead to little opportunity to address the "affordable housing" issue in "this" City vs. relying on the metro as a whole to fix this issue. It must be addressed within. Lack of meaningful improvement occurring to existing housing stock.) • Difficulty to attract meaningful, sustainable developments x • Lack of investment by the diverse community into the community (going elsewhere for services) • Meeting the needs of diverse citizenry • Public perception • Aging workforce (succession?) • Economic factors • Diversity of workforce (gender, race) • Size of organization • Ability to recruit • Recruitment and retention (public safety) • Future retirements (losing experience) • Employment • Perception • A dependency on Regional (Fiscal Disparity) and State (LGA) revenue sharing programs to fund the basic delivery of municipal services. • The identification of portions of Brooklyn Center on the Metropolitan Council's regional mapping of Areas of Concentrated Poverty by Census Tract 2007-20011. • The 2008 Recession and its ongoing effects on private investments necessary for small and new business startup and growth opportunities. • The community's average household income and its relationship to the amount available for discretionary spending; • Anything which could negatively affects the safety or the perception of the safety and welfare of our children and families. • A change in the housing market (market changes), foreclosures, etc. • Image and perception • Crime and reversal of improving crime statistics • Employee retirements and continuing to attract and retain qualified employees in the future • Rising operating costs, specifically in the areas of personnel and health insurance • Loss of community support ;4J . Loss of economic vitality and redevelopment momentum • Lack of staff development and performance quality • Economic strain- Generally still sluggish economy, LGA unreliability, TIE law changes and available funds, Brooklyn Center School District tax rate . Further concentration of low income Aging active community members and associations Pending loss of senior households moving into senior living facilities- seniors add stability to neighborhood/community and this adds additional houses on the market • Successful developments occurring in nearby cities • Additional state and federal mandates • Police Chief's pending retirement xii APPENDIX 5 SWOT Results -Highest Priorities • Continued public safety improvements • Continued housing & neighborhood enhancements • Appropriate development • Continuing redevelopment • Crime Prevention • Inclusion • Community Image - The community's image will be judged on the basis of our continued success in key areas such as public safety, improved neighborhoods, and inclusive, culturally sensitive engagement with our residents/customers. • Focused Redevelopment - The renewal of our commercial, industrial and residential properties is essential to the future health and vitality of the city. o Financial Stability - The city will provide quality services focusing on continuous improvement and innovation, while stabilizing property taxes and minimizing reliance on state shared revenue. Redevelopment o Diversity o Maintaining Infrastructure • In my mind, we should build off our strengths and address the need for increased community engagement—community building strategies and social services that help build and validate a sense of value and pride in our residents (especially the youth and those marginalized). o Another main focus is the redevelopment of several commercial properties and public roadways. Ensuring that we are making responsible and transparent fiscal, social and environmental decisions during this process is paramount. • I'd like to see the redevelopment within the city that offer residents an increased opportunity to come together in safe spaces, to secure employment and that encourage entrepreneurship. xiii • Accelerated Redevelopment • Youth Development • Community Engagement • Capital Investments (i.e. water treatment plant and infrastructure replacements) • Community Policing and continuing to provide a safe community • Redevelopment Opportunities • The continuation of a Community Policing Program which demonstrates a high profile of police presence and proactive involvement with its citizen and business community. • The continuation of the Neighborhood Street & Utility Reconstruction Program. • Redevelopment Projects/Activities: - Proactively working with the developer on the completion of the Shingle Creek Crossing Development. - Redevelopment of new market rate housing options within the Opportunity Site - Public investments which promote private development & investments into the redevelopment and reimaging of the Brooklyn Boulevard Corridor. • Continued Redevelopment (focus on dining) • Continued financial stability • Roadway • City Hall remodel • Aging population • Engaging our diverse population • Image Enhancement • Redevelopment/housing • Improve image • Market and develop land • Maintain City's financial stability xiv APPENDIX 6 Strategic Initiatives-Action Plans The following Appendix contains the Action Plans for the Strategic Initiatives xv a) 4-, 4-,U,a) 0 9-0 Q) bDro ru a) a) ra Ln > a)4-' 0a) Ln - - 04-, U a) E0U4-, 0 U 4-, ro-4-,t1 U 0 0ULU 4-, 0 -o a)4-,ra 4)1) a): a)4-, - 0 a) Lr,- :- -C-c CC .0C C(ci a) ciC C biDa) tio c LL, 01 4) 4- L. 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U 3/1 ••3-0 3- -3-,-.L) '.fl3-:0 (1)a)-0 ía) t9ía)0 -ía) 0 --0 -0 C L.0 3- 4-, 0 03-a)0-3-'o u0--oa)F .O ía)a)Oíl) 0 C ía)0 Ln a)(a -E3...ía) C 0 - ra-E -o ía a)4-'Cía) Ea) a- E bD Cía 0.. C C I-I-- -I-,Ca) a)>C a) a) 4-,U -I-, (a 9-C 0 0 U a)4-,(a 4-,Ifl Ln a) :0 a) ra4-,C C Ul 4-'ía 0C C 0..0..LL.:ra 0 ';:• Q)- Lfl -- ía >>:-o a -c ía..2ro 'V.0L) ía) tA3/3 a)U 3-a.. biDC -C 4- ía a) a)-4-a) 4- a) 0 Cía CL bDC C 4- 4-,Cía) EQ) CL E AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION April 27, 2015 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.E-Cigarettes in Public Places 2.Sister City Voinjama Visit Update 3. Paperless Packets Report