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HomeMy WebLinkAbout2015 11-23 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION November 23, 2015 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center November 23, 2015 AGENDA 1.Informal Open Forum with City Council T 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.November 2, 2015 - Joint Work Session with Financial Commission 2.November 9, 2015 - Study/Work Session 3. November 9, 2015 - Regular Session b. Licenses c.Resolution Authorizing the City Manager to Write Off Uncollectible Accounts Receivable and Returned Checks d.Resolution Establishing the Interest Rate for 2016 Special Assessments Resolution Establishing 2016 Street and Storm Drainage Special Assessment Rates 7. Presentations/Proclamations/Recognitions/Donations —None. CITY COUNCIL AGENDA -2- November 23, 2015 8. Public Hearings a. Consideration of Public Utility Rates for 2016 —This item was published in the official newspaper on November 5, 2015, and is offered for Public Hearing this evening. Requested Council Action: —Motion to open Public Hearing. —Motion to take public input. —Motion to close Public Hearing. 1.Resolution Adopting 2016 Water Utility Rates, Fees and Charges Requested Council Action: —Motion to adopt resolution. 2.Resolution Adopting 2016 Sewer Utility Rates, Fees and Charges Requested Council Action: —Motion to adopt resolution. 3.Resolution Adopting 2016 Storm Sewer Utility Rates, Fees and Charges Requested Council Action: —Motion to adopt resolution. 4.Resolution Adopting 2016 Street Light Rates and Charges Requested Council Action: —Motion to adopt resolution. 5. Resolution Establishing 2016 Recycling Rate and Charges Requested Council Action: —Motion to adopt resolution. b. An Interim Ordinance Imposing a Moratorium on the Licensing and Operation of New Rental Dwelling Units and Imposing Temporary Regulations on the Residency Location of Predatory Offenders within the City —This item was first read on October 26, 2015; published in the official newspaper on November 5, 2015; and is offered this evening for second reading and Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Motion to take public input. —Motion to close Public Hearing. —Motion to adopt ordinance. 9. Planning Commission Items —None. 10.Council Consideration Items —None. 11.Council Report 12. Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION November 23, 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 —None. PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Paperless Packets Report 2.Opportunities for Small and Diverse Businesses City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION November 2, 2015 City Hall - Council Chambers I.CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:31 p.m. Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson Lin Myszkowski, and Dan Ryan were present. Also present: City Manager Curt Boganey, Finance Director Nate Reinhardt, CARS Director Jim Glasoe, Centerbrook Golf Course Superintendent Steve Makowske, Earle Brown Heritage Center Manager Bruce Ballanger, Liquor Stores Operations Manager Tom Agnes, and Deputy City Clerk Rozlyn Tousignant. Others present were Financial Commissioners Anna Burke, Rex Newman, Dan Schueller, Dean Van Der Werf, and Teneshia Kragnes. Financial Commissioner James Schulz was absent. II.APPROVAL OF AGENDA Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the agenda. Motion passed unanimously. III. ENTERPRISE FUNDS Following the presentation on the Earle Brown Heritage Center (EBHC), Mr. Newman inquired about the driving factors of employee turnover. Mr. Ballanger replied that two employees left for different jobs, one no longer wished to work full-time and one accepted a promotion. Mr. Newman then followed up by asking if compensation for positions is competitive. Mr. Ballanger referred to an industry study and stated that excluding one position, all compensation is competitive. Mr. Glasoe reaffirmed Mr. Ballanger's point by mentioning that positions from the private sector offer salary and commission, and that the commission is attractive to potential employees. Mr. Boganey mentioned that EBHC has had very good standing with long-term employee retention. Councilmember Graves asked about the portable bars from Coca-Cola: whether they requested them back or if it would be possible for the City to sell them. Mr. Ballanger responded by saying that at Coca-Cola's request, 'canister-style' bars will no longer be an option and that the bars would be sent back to Coca-Cola. Mr. Newman inquired about the new chipped credit cards and whether or not the Center would 11/02/15 4- DRAFT be able to accommodate those. Mr. Ballanger responded that the new cards should be able to work; EBHC simply needs to replace the card readers. Mr. Reinhardt added that the new processor the Finance Department found is more affordable than the current processor used. Councilmember Lawrence-Anderson requested more information about the Chef Experience events. Mr. Ballanger discussed the November 1 11 event which is from 6:30-8 p.m. and $35 a person (there is a veteran's admission special). Mr. Ballanger mentioned that small sample plates will be handed out at different stations around the room. Mr. Ballanger stated that the last event resulted in several new clients. Councilmember Lawrence-Anderson asked if spaces needed to be reserved. Mr. Ballanger replied that calling ahead was preferred but the Center will not turn people away for the event. Councilmember Graves asked about partnerships with local hotels and businesses, specifically in regards to packages with the Golf Course. Mr. Ballanger discussed that the hotels do a better job of presenting different options as guests are staying overnight. He also mentioned that EBHC is working in partnership with hotels to raise awareness about the shuttles to the Center. Following the presentation on the Centerbrook Golf Course, Mr. Newman inquired about the decrease in maintenance costs. Mr. Makowske responded that a combination of using different practices and new equipment have driven costs down without sacrificing quality. Mr. Newman asked about a cash flow comparison to previous years. Mr. Boganey highlighted the chart on page 14 of the packet. Mr. Boganey went on to say that while there are uncertainties in foreseeing a break-even result, which is the ultimate goal, it is a possibility that a subsidy will continue. Mr. Boganey also stated that things are moving in the right direction. Mr. Glasoe mentioned that revenue improvements with the Golf Course are very great and that the Department is working hard to continue to increase revenue. Mayor Willson inquired about any contact with the Little League. Mr. Boganey replied there have been conversations with the Little League and the City is beginning to look at grants and that may result in opportunities for the golf course in 2018. Councilmember Graves brought up youth focus and ideas for outreach, such as school field trips to the golf course or youth caddy programs. Mr. Makowske explained the SNAG program as well as hopes to bring the program to the schools during winter. Mr. Makowske also stated that transportation is the biggest barrier in getting youth involved in golf programs. Councilmember Myszkowski noted that she recently drove past the Course and the grounds look great. Councilmember Lawrence-Anderson asked about Centerbrook' s involvement for Earle Brown Days. Mr. Makowske replied that the Golf Course would like to market the event as a "golf festival" as opposed to a tournament, due to the fact that people may feel a tournament is too professional or challenging. The Course is hoping to have 3-hole rounds, as well as the potential for highlighting cultural food at each tee. Other events that were discussed at this time were the Ring golf demonstrations at National Night Out and the Skeleton Scramble which sold out for 11/02/15 -2- DRAFT the second year in a row. Following the BC Liquor presentation, Mr. Boganey brought up the subject of loss of inventory. Mr. Agnes stated that loss for the liquor stores is around 3/10 of a percent. Mr. Newman asked about the new buyer and store manager positions and how they are being redefined. Mr. Agnes explained that the manager who receives the promotion to the buyer position would need to relinquish their managerial roles. Mr. Newman suggested that the manager position have some autonomy to encourage pride in the work done. Councilmember Lawrence-Anderson asked if there would be a buyer position for each Store. Mr. Agnes stated that there will be one buyer position for both Stores and that individual will float between both locations. Councilmember Lawrence-Anderson noted that the signage in the front window of the Liquor Stores obstructs the view and could be a potential safety hazard for the Store. Mr. Agnes responded that the coolers are behind the signs and that the view is obstructed regardless. Mr. Agnes mentioned that the Stores have been giving some thought to the visibility and potential ways to decrease risk, such as lowering shelving from 5' to 4'. Mr. Agnes also stated that the Stores have reached out to the Police Department for safety and loss prevention advice. Councilmember Ryan brought attention to the concern of mini-bottle litter outside of the Stores. Mr. Agnes replied that customer demand drives the sales of mini-bottles due to their affordability. Councilmember Ryan then asked about the sale of expensive wines with the makeup of lower income residents. Mr. Agnes stated that the Stores continue to sell higher-end wines to increase variety and make it available to customers who want it. Mr. Agnes also explained that when the economy declined, that people had switched to more affordable wines, and by the time the economy started to climb again, those people were satisfied with inexpensive wines and for the most part did not revert to consuming expensive wines. Councilmember Graves inquired as to whether or not the part-time employees had set schedules, stating her concern over employees' abilities to balance two part-time schedules. Mr. Agnes stated that their schedules go out two weeks in advance but they are not consistent schedules. Mr. Agnes also mentioned that thus far the Liquor Stores have been able to accommodate schedule needs for employees. Councilmember Graves noted that the customer service in Store 1 is excellent and the Store has a very welcoming environment. IV. FUTURE BUDGET DISCUSSIONS/CITY COUNCIL MEETINGS City Council Meetings 1)Utility Rates Adopted November 23, 2015 2)Public Hearing & Budget Adoption December 7, 2015 V. ADJOURNMENT 11/02/15 -3- DRAFT Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to adjourn the Work Session at 8:11 p.m. Motion passed unanimously. 11/02/15 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 9, 2015 CITY HALL - COUNCIL CHAMBERS 1.INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. 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, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Myszkowski offered the invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:02 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Director of 11/9/15 -1- DRAFT Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Troy Gilchrist, and Denise Bosch, 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 Graves seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.October 19, 2015 - Joint Work Session with Financial Commission 2.October 26, 2015 - Study Session 3.October 26, 2015 - Regular Session 4.October 26, 2015 - Work Session 6b. LICENSES GASOLINE SERVICE STATION Bassil Co. dba Marathon Quest Communications dba CenturyLink MECHANICAL Dependable Heating & Cooling Inc RENTAL RENEWAL (TYPE III— one-year license) 6305 Camden Avenue N 1309 68th Lane N 70th Circle 5739 James Avenue N 7025 Logan Avenue N RENEWAL (TYPE II— two-year license) 5337-39 Queen Avenue N 3609 66 th Avenue N 5357 Colfax Avenue N 5607 Halifax Avenue N 5351 Irving Avenue N 2800 Nash Road RENEWAL (TYPE I— three-year license) 1505 69th Avenue N 6540 Shingle Creek Parkway 2619 Coon Rapids Blvd, NW, Coon Rapids Soderberg Apartment Specialists (Missing CPTED) Amanda Frost Gary Bistodeau Douglas Wahl Justin McGinty Thanli Kim Oan Bradley McKnight Kin Chew Kane Buss Douglas Wahl Douglas Mangel 11/9/15 -2- DRAFT 440766 th Avenue N Sarah Bateman 5225 Howe Lane Michael Williamson 4201 Lakeside Avenue, #214 James Chanaka TOBACCO RELATED PRODUCT Bassil Co. dba Marathon 1505 691h Avenue N Diamond Lake 1994 LLC dba Cub Foods 3245 County Road 10 Holiday Stationstores, Inc. 6890 Shingle Creek Parkway 6c. RESOLUTION NO. 2015-167 ACCEPTING A FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2016-01, 02, 03 AND 04, PALMER LAKE WEST AREA STREET AND UTILITY IMPROVEMENTS Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2015-168 EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE BROOKLYN CENTER CENTENNIAL CIVIC & VETERANS MEMORIAL AMPHITHEATER FUNDRAISING TASK FORCE Mayor Willson read in full a Resolution expressing recognition and appreciation for the public service of the task force. The mayor recognized the following task force members: Dr. Duane Orn, Phil Cohen, Brett Hildreth, Sharon Kephart, Myrna Kragness Kauth, Sue LaCrosse, Keith Lester, Sue Low, and Earl Simons. Councilmember Ryan stated that former Brooklyn Center Mayor Myrna Kragness Kauth was not present due to a fall she had suffered. He stated that she is recovering and she is in our thoughts and prayers. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2015-168 Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of the Brooklyn Center Centennial Civic & Veterans Memorial Amphitheater Fundraising Task Force Mayor Willson remembered former Brooklyn Center Mayor Phil Cohen and recognized his efforts. Motion passed unanimously. 8.PUBLIC HEARINGS None 11/9/15 -3- DRAFT 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2015-009 AND NO. 2015-010, SUBMITTED BY BUHL INVESTORS, REQUESTING APPROVAL OF A PLANNED UNIT DEVELOPMENT AMENDMENT TO THE REGAL ROAD DEVELOPMENT ADDITION PLANNED UNIT DEVELOPMENT OF 1998, ALONG WITH APPROVAL OF SITE AND BUILDING (DEVELOPMENT) PLAN OF PROPOSED BROOKLYN CENTER COMMERCIAL STORAGE BUILDING, LOCATED AT 6330 CAMDEN AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED (UNANIMOUS) APPROVAL OF THIS APPLICATION AT ITS OCTOBER 29, 2015, MEETING. Mr. Boganey introduced the item. Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2015-009 and 2015-010 and advised the Planning Commission recommended approval of the applications at its October 29, 2015, meeting. Mayor Willson asked about signage for the site. Mr. Benetti replied that there has been no signage illustrations submitted. He stated that all signage has to come in separately under a sign permit that can be brought before the City Council as necessary. Councilmember Lawrence-Anderson asked about the total number of storage units the building would contain. Mr. Benetti replied that that information had not been supplied by the developer. Councilmember Graves asked what is being stored at the facility. Mr. Benetti replied that personal and business items would be stored in an environmentally controlled and secured setting. 1. RESOLUTION NO. 2015-169 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-009 AND 2015-010, SUBMITTED BY BUHL INVESTORS, REQUESTING APPROVAL OF A PLANNED UNIT DEVELOPMENT AMENDMENT (NO. 2) TO THE REGAL ROAD DEVELOPMENT ADDITION PLANNED UNIT DEVELOPMENT OF 1998, ALONG WITH APPROVAL OF SITE AND BUILDING (DEVELOPMENT) PLAN OF PROPOSED BROOKLYN CENTER COMMERCIAL STORAGE BUILDING (LOCATED AT 6330 CAMDEN AVENUE NORTH) Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2015-169 Regarding the Disposition of Planning Commission Application No. 2015-009 and 2015-010, Submitted by Buhl Investors, Requesting Approval of a Planned Unit Development Amendment (No. 2) to the Regal Road Development Addition Planned Unit Development of 1998, along with Approval of Site and Building (Development) Plan of Proposed Brooklyn Center Commercial Storage Building (Located at 6330 Camden Avenue North). 11/9/15 -4- DRAFT Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2015-011, SUBMITTED BY GATLIN DEVELOPMENT COMPANY, REQUESTING APPROVAL OF A PLANNED UNIT DEVELOPMENT AMENDMENT (NO. 7) TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT, LOCATED AT 2510 COUNTY RD. 10. THE PLANNING COMMISSION RECOMMENDED (UNANIMOUS) APPROVAL OF THIS APPLICATION AT ITS OCTOBER 29, 2015, MEETING. Mr. Boganey introduced the item. Mr. Benetti provided an overview of Planning Commission Application No. 2015-011 and advised the Planning Commission recommended approval of the application at its October 29, 2015, meeting. Mayor Willson asked if this would be an opportune time to incorporate a pedestrian path of some sort. Mr. Benetti stated that there is an existing sidewalk and the City wants to maintain it because of the trail system on the other side of the creek. He said they would like to see that this walkway and another walkway behind the building are separated so that the doors would not open into the walkway. Mayor Willson talked about the benefit of leveraging the daylight of Shingle Creek. Councilmember Graves stated her preference for more of an open feel at the location. Mr. Benetti stated that there will be four-sided architecture with the front and back side having a similar look. He also stated that the City has asked for screening measures for the meters on the south side of the building. Mayor Willson stated that he hopes they will consider the west side of the building as an entrance for people walking down the sidewalk and maybe they would consider outside seating. Mr. Benetti stated that they will work with the developer and they would like the front and back to be inviting. Councilmember Lawrence-Anderson asked if there has been interest in this site. Mr. Benetti replied that there hasn't been any interest yet, but they are confident that it will be occupied quickly. Couneilmember Ryan stated that the building should contribute to the marketability of the Kohl's site. Mr. Benetti stated that if something successful goes into the Kohl's building, this site will provide for another catalyst for success of the area. 11/9/15 -5- DRAFT Mayor Willson stated that by building up the site, the City is also leveraging the 32 acres east of it that will be redeveloped and the more that can be done to tie the areas together with foot traffic would be advantageous. 1. RESOLUTION NO. 2015-170 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-011, SUBMITTED BY GATLIN DEVELOPMENT COMPANY, REQUESTING APPROVAL OF A PLANNED UNIT DEVELOPMENT AMENDMENT (NO. 7) TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (LOCATED AT 2510 COUNTY RD. 10) Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-170 Regarding the Disposition of Planning Commission Application No. 2015-011, Submitted by Gatlin Development Company, Requesting Approval of a Planned Unit Development Amendment (No. 7) to the 2011 Shingle Creek Crossing Planned Unit Development (Located at 2510 County Rd. 10). Motion passed unanimously. 9c. PLANNING COMMISSION APPLICATION NO. 2015-012, SUBMITTED BY GATLIN DEVELOPMENT COMPANY, REQUESTING APPROVAL OF THE PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 6TH ADDITION, LOCATED AT 2510 COUNTY RD. 10. THE PLANNING COMMISSION RECOMMENDED (UNANIMOUS) APPROVAL OF THIS APPLICATION AT ITS OCTOBER 29, 2015, MEETING. Mr. Boganey introduced the item. Mr. Benetti provided an overview of Planning Commission Application No. 2015-012 and advised the Planning Commission recommended approval of the applications at its October 29, 2015, meeting. 1. RESOLUTION NO. 2015-171 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-012, SUBMITTED BY GATLIN DEVELOPMENT COMPANY, REQUESTING APPROVAL OF THE PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 6TH ADDITION (LOCATED AT 2510 COUNTY RD. 10) Couñcilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-171 Resolution Regarding the Disposition of Planning Commission Application No. 2015-012, Submitted by Gatlin Development Company, Requesting Approval of the Preliminary Plat of Shingle Creek Crossing 6th Addition (Located at 2510 County Rd. 10). Motion passed unanimously. 11/9/15 -6- DRAFT 9d. PLANNING COMMISSION APPLICATION NO. 2015-013, SUBMITTED BY GATLIN DEVELOPMENT COMPANY, REQUESTING APPROVAL OF THE SITE AND BUILDING PLAN FOR PROPOSED BUILDING X WITHIN THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT, LOCATED AT 2510 COUNTY ROAD 10. THE PLANNING COMMISSION RECOMMENDED (UNANIMOUS) APPROVAL OF THIS APPLICATION AT ITS OCTOBER 29, 2015, MEETING. Mr. Boganey introduced the item. Mr. Benetti provided an overview of Planning Commission Application No. 2015-013 and advised the Planning Commission recommended approval of the applications at its October 29, 2015, meeting. Mayor Willson stated that the City should consider storefront on both sides. Mr. Benetti stated that it would be a possibility but it is based on the tenant's needs. Mayor Willson suggested that the division may be advantageous to cultural start-up businesses that may be able to afford half a storefront but not all of it. Mr. Boganey asked if there was any reason why the back could not mimic the front because it so closely abuts the road. Mayor Willson stated he is not opposed to giving preliminary approval, but would like to see this development come back before the City Council. Mr. Benetti stated that the City will work with the developer's design engineer and will bring the plan back to the City Council. Councilmember Ryan stated he concurs with Mayor Willson and Mr. Boganey about incorporating the architectural values because the west side of the building faces the creek. He would also like to give preliminary approval and have it brought back to the City Council. Councilmember Lawrence-Anderson stated that the City needs to think long-term and now is our opportunity to present our wish list. Mayor Willson stated that this is a key property. Councilmember Graves asked when the rent amount would be known. Mr. Benetti replied that the rent will be negotiated by the developer and tenants and the City does not get involved in that aspect of the development. It was decided that the resolution would not be modified and there would be an understanding that the proposed plan would come back before the City Council. 11/9/15 -7- DRAFT RESOLUTION NO. 2015-172 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-013, SUBMITTED BY GATLIN DEVELOPMENT COMPANY, REQUESTING APPROVAL OF THE SITE AND BUILDING PLAN FOR PROPOSED BUILDING X WITHIN THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (LOCATED AT 2510 COUNTY ROAD 10) Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2015-172 Resolution Regarding the Disposition of Planning Commission Application No. 2015-013, Submitted by Gatlin Development Company, Requesting Approval of the Site and Building Plan for Proposed Building X within the Shingle Creek Crossing Planned Unit Development (Located at 2510 County Road 10). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process that is 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 10a6. lOal. 5337 GIRARD AVENUE NORTH 10a2. 6418 MAJOR AVENUE NORTH 100. 7143 FRANCE AVENUE NORTH 10a4. 6601 UNITY AVENUE NORTH 10a5. 4213 WOODBINE LANE 10a6. RESOLUTION NO. 2015-173 APPROVING A TYPE IV RENTAL LICENSE FOR 3613 54TH 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 properties: 5337 Girard Avenue North; 6418 Major Avenue North; 7143 France Avenue North; 6601 Unity Avenue North; 4213 Woodbine Lane; and, adopt RESOLUTION NO. 2015-173 Approving a Type IV Rental License for 3613 54th 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 11/9/15 -8- DRAFT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • October 30, 2015: Public Forum on Affordable Housing Hosted by Congressman Keith Ellison • October 30, 2015: Meeting and Panel Discussion with Metro Suburban Mayors and Councilmembers Regarding Affordable Housing in the Metro Area • November 2, 2015: Joint Work Session with Financial Commission • November 4, 2015: Tour of New Water Treatment Plant • November 10, 2015: Conference on Metro Area Economy hosted by Congressman Keith Ellison • November 18, 2015: League of Minnesota Cities Annual Meeting • November 1, 2015: Brooklyn Center Lions Waffle Breakfast Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • October 28, 2015: Meeting with CEAP President • October 28, 2015: Lunch with the Staff of CEAP and Cornerstone Domestic Abuse Advocacy Services • October 29, 2015: Attended an ISAIAH Event Regarding People Left Behind in the Current Economy • November 2, 2015: Brooklyn Youth Council Meeting • November 2, 2015: Joint Work Session with Financial Commission • November 4, 2015: Tour of New Water Treatment Plant Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • November 2,2015: Joint Work Session with Financial Commission • November 4, 2015: Missed the Water Treatment Plant Tour Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • November 2, 2015: Joint Work Session with Financial Commission • November 3, 2015: Light Rail Blue Line Extension Meeting • November 4-7, 2015: National League of Cities Conference in Nashville Councilmember Graves informed the City Council that the name of the National League of Cities conference will be changed to City Summit and that there was a surprise speech by Vice President Joe Biden. Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: o October 30, 2015: Public Forum on Affordable Housing Hosted by Congressman Keith Ellison 11/9/15 -9- DRAFT • October 30, 2015: Meeting and Panel Discussion with Metro Suburban Mayors and Councilmembers Regarding Affordable Housing in the Metro Area • November 1, 2015: Brooklyn Center Lions Waffle Breakfast • November 2, 2015: Joint Work Session with Financial Commission • November 5, 2015: Cable 16 Mayor's Minute Mayor Willson requested that Mr. Boganey distribute a news article regarding the amphitheater to Councilmembers. Mayor Willson brought up an open house being held on November 13, 2015, at 4 p.m. by Headway Emotional Health Services. There was discussion regarding offering financial incentives for youth to participate in the Brooklyn Center University for Youth. Mr. Boganey will meet with Executive Director of the Brooklyn Bridge Alliance for Youth Rebecca Gilgen to discuss this issue and next steps. 12. ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:11 p.m. Motion passed unanimously. 11/9/15 -10- DRAFT 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 /WORK SESSION NOVEMBER 9, 2015 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study/Work Session called to order by Mayor Tim Willson at 6:03 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS None MISCELLANEOUS None DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS BROOKLYN CENTER UNIVERSITY FOR YOUTH - BROOKLYNK UPDATE Mr. Boganey stated that pursuant to Councilmember Graves' introduction of an idea involving youth in the City's eight-week community engagement program known as BCU at the Study Session of September 17, 2015, he felt it would be helpful to invite Rebecca Gilgen, Executive Director of the Brooklyn Bridge Alliance for Youth, to provide an overview of the Alliance and an in-depth presentation on BrookLynk. He stated that this presentation will be helpful in establishing a common understanding of what the City is currently doing in the area of facilitating employment and career growth opportunities for youth. Ms. Gilgen stated that the mission of the Alliance is to coordinate a system of high quality accessible and fully resourced opportunities in the after-school time that lead to an increase in high school graduation and pathways to college or career and reductions in young people's experience of violence. She pointed out the community partners that provide 90 staff to work with the Alliance and four strategies including building resources; access to programs; 11/9/15 -1- DRAFT coordination of programs; and quality of programs. She highlighted two initiatives including Youth in City Government and Hennepin County Youth Sports Grant - Mobile Recreation. She stated that a joint application with the City of Brooklyn Park is being submitted to fund mobile recreation vehicles as a solution to transportation barriers. This would allow the Alliance to take the recreation program into places where there are the most kids that need it. She stated that she would turn the presentation over to BrookLynk Coordinator Luis Salado-Herrera who would share more information on the program. She stated that the Minneapolis STEP-UP program has been a technical advisor for the BrookLynk program. Mayor Willson stated that Commissioner Opat has been involved in the Hennepin County Youth Sports Grant-Mobile Recreation initiative as well. Mr. Salado-Herrera stated that BrookLynk is the first program in the area to provide paid internship opportunities for young people. He stated that his role is to support BrookLynk and to ensure that every person that goes through the program develops their own personal pathway to college and career. He provided statistics proving the program is in response to a community need. He stated that the Alliance board recommended that the program customize the STEP-UP model; determine the cost and benefits; and build resources. Ms. Gilgen stated that funding for the program involved tapping into the Hennepin County resource dollars that go to the City of Minneapolis or suburban Hennepin County. She stated that the STEP-UP program was asked to run the BrookLynk program but the STEP-UP funds are geographical so they needed to get the suburban dollars. The City of Minneapolis was helpful in finding a way to implement the program in a suburban context. She stated that the State of Minnesota was also excited about the model and how it leverages the private sector internships for young people. She stated that STEP-UP will be involved for the next year to help with transitioning. Councilmember Graves asked if it was harder to get the funding being in suburban Hennepin County. Ms. Gilgen replied that there are more dollars in Minneapolis and the competition for funding is at the State level. Councilmember Graves indicated her willingness to be a voice of support for the program. Councilmember Ryan asked what committees in the House and Senate are responsible for funding and who Councilmembers can contact. Ms. Gilgen stated that this is primarily a workforce development strategy and she is not sure about the policy partners but will check and report back. She asked Councilmembers for help in identifying other funding opportunities. Mr. Boganey asked about private grants. Ms. Gilgen stated that the Youth Prize Foundation, the United Way Foundation, the Pohlad Foundation, Boston Scientific, and about 15 other entities provided grants. She stated that the $100,000 match from Youth Prize Foundation was significant. She stated that for 2016, they are looking at sustaining the program and Youth Prize has said they are open to a discussion regarding another leveraging opportunity. 11/9/15 -2- DRAFT Councilmember Lawrence-Anderson asked about similarities with the Tree Trust program. Ms. Gilgen responded that the program models are different. Tree Trust excels at project-based learning. The key difference is that the STEP-UP and BrookLynk models are based on the concept of the paid summer internship. Mr. Salado-Herrera stated that BrookLynk was launched in February 2015 for ages 14-19 who face barriers to employment. The two key components are comprehensive work readiness training and coordinated paid internship opportunities with employers. The program structure is modeled after the STEP-UP program. The three program opportunity tiers include exploring; discovering; and achieving. The interns represent over 20 different cultures; are first or second generation immigrants; will be the first in their family to attend college; and come from low- income families. He went over current employers and the plan to expand by 50 employers. Their goal is to expand in the areas of health care, STEM, finance, education, and parks and recreation. He shared BrookLynk survey results that showed high ratings and levels of satisfaction. Ms. Gilgen stated that she first met Mr. Salado-Herrera when he was a student and that hiring him was the best decision she has made. He has built close relationships with interns and has been a tremendous asset. She went over the next steps for the program including expansion to 50 internships for next summer; continuing to coordinate program expansion to get more youth involved and engaged by bringing a YMCA to the Brooklyns; supporting the Cities' mobile recreation; and supporting program improvement for partners and all afterschool programs in the Brooklyns. Mayor Willson commented that he is excited about the program and the progress it has made in the last few years and seeing kids build life skills. Councilmember Ryan thanked Ms. Gilgen and Mr. Salado-Herrera for their presentation. He stated his appreciation for their work and his 100 percent support in meeting this critical need and asked them to let the City Council know if they need -anything additional going forward. Ms. Gilgen stated that they have learned that STEP-UP does not do all of the youth employment for the City of Minneapolis and she doesn't want to give the illusion , that BrookLynk solves all of our problems. She said what they have learned is that many programs are needed to provide opportunities and this is pivotal point because BrookLynk is as magnet for resources and a step in the right direction. She stated that there will be major growth in workforce development in the next five years for youth up to the age of 25. S Councilmember Myszkowski asked if there were any transportation issues getting youth to the employers. Ms. Gilgen stated that their budget includes bus passes and transportation was not the problem they thought it would be. Councilmember Myszkowski asked how many employers used interns in the past. Mr. Salado- Herrera replied that for 90% of the employers, it was the first time. 11/9/15 -3- DRAFT Councilmember Myszkowski stated that it is very exciting that 100% of the employers are willing to continue their involvement in the program and their positive experience will likely be relayed to other employers. Ms. Gilgen stated that a lot of time is spent with employers to understand their needs, prepare them to have an intern, and ensuring the experience is successful for them. She stated that the time spent with employers is one of their constraints with expanding next year. Councilmember Myszkowski stated that there should be a support organization for businesses that take interns. Ms. Gilgen stated that this is a challenge for businesses and the coordination piece is very important. Councilmember Graves asked how they can connect with more partners and if there is a need for mentoring. She asked about the diversion program and juvenile corrections money. She also asked how much readiness there is with student loans and budgeting. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL The Study Session adjourned at 6:45 p.m. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Graves seconded to reconvene the Study Session at 6:47 p.m. Motion passed unanimously. BROOKLYN CENTER UNIVERSITY FOR YOUTH - BROOKLYNK UPDATE Continued Discussion continued regarding the BrookLynk program with Ms. Gilgen responding to Councilmember questions. Ms. Gilgen stated that their priority is expanding and understanding their partnerships. She stated that they were waiting for the new police chief to come on board to work on diversion programming and they have just completed a scan of all the college and career resources in the community. She stated that she knows there is a need for a full spectrum of college preparation and there is an emerging body of work in the college access piece. She talked about a Gateway program that taps into the student loans to fund concurrent enrollment. She stated that that they are learning a lot about how the money trickles down so that young people can get what they need and how their program can partner to best benefit youth. Councilmember Graves talked about advocating for more funding for the Youth Council to implement programs in the past. She asked if that has changed or if anything had been decided. 11/9/15 -4- DRAFT Ms. Gilgen replied that it had been decided and that the Alliance realized that they needed to allocate money for the Youth Council. She stated that their 2016-17 budget reflects this and there has been a grant proposal submitted with Youth Prize to expand youth engagement and data work. Councilmember Graves asked how youth workers are supported and if there was any work being done around organizing youth workers in BrookLynk. Ms. Gilgren stated that there isn't a professional development system for youth workers, and it is a problem when young people move through the various organizations. She stated that they coordinate the After School Quality Network, which is a place where youth serving organizations can connect. Councilmember Graves and Ms. Gilgen discussed the Northside Youth Worker Collaborative, a program that Councilmember Graves is involved. Mayor Willson suggested that Councilmember Graves investigate how to bring this program to the City. Councilmember Graves stated that she has been trying to connect groups in the Brooklyns with what is already going on in north Minneapolis. Ms. Gilgen stated that it is important to determine how to get in at the community level and build connections between caring adults in the community. Mr. Boganey asked what the total number of program participants were. Mr. Salado-Herrera stated that 234 youth applied to the program with one month of recruitment and 80 youth successfully completed the work readiness training. Forty-five (45) youth applied for the available internships. Mayor Willson commented on the successful first year for the program. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Study Session at 7:01 p.m. Motion passed unanimously. 11/9/15 -5- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: November 16, 2015 TO: Curt Boganey, City Manager FROM: Rozlyn Tousignant, Deputy City C1erl SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on November 23, 2015. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. CHRISTMAS TREE SALES PQT Company dba Rum River Tree Farm 5040 Brooklyn Boulevard GASOLINE SERVICE STATION Royalty & Sons, Inc dba Brooklyn BP MECHANICAL Knight Heating & Air RENTAL See attached report. SIGN HANGER 4 Front LLC dba Icon Installation TOBACCO RELATED PRODUCT Royal Tobacco Royalty & Sons, Inc dba Brooklyn BP 6044 Brooklyn Boulevard 13535 89th Street NE, Otsego 8603 34 '11 Street N, Lake Elmo 5625 Xerxes Avenue N 6044 Brooklyn Boulevard 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 Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1 - 3 Year 1-2 units 0-1 3+tinits 0-0.75 -- Type 11-2 Year 1-2 units Greater than 1 - - but not more than 4 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 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 0425 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 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust z a, 0 Caa,C-) a,On 0 CaC-) 0 a) .0CaC-) 00Ca 4-,0 Ca C >- C 0 0,a, Ca,C-) Ca a,Ca) 04-a, U a, 0U- CaU Of) LL * a,0. coa,>- (N a,0 a,0. 4-,a,0)Ca,a) >- 0U a,>0_ a, CL 00 - 4-,0,00, C ho a,CO a,a,0,CL C >- a, a,—On CaC ** ** * U,a, Ca4-,>- a,0.0 0. CCa a, -4-, 4-, U C0 4-,CQJ U aj co U)a, U)00 0. City Council Agenda Item No. 6c I[I1IJ[.J I U I I k4 U'A I 3'A (I) 1I1 IIIJi DATE: November 23, 2015 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Write-off of Uncollectible Accounts and Returned Checks Recommendation: It is recommended that the City Council consider adoption of the attached resolution authorizing write-off of uncollectible accounts and returned checks. Background: This action was last taken at the regular City Council meeting on February 5, 2013. The Council approved write off of 3 accounts and 15 returned checks totaling $4,202.17. The following accounts are requested to be deemed uncollectible and written off: 20 returned checks - dates ranging from 2009 to 2011. We have attempted to collect these checks on multiple occasions, but collections have not been successful. 17 of the checks were returned for insufficient funds and 3 were returned because the account was closed. The total amount for all uncollectible checks is $1,220.34. Budget Issues: All items will be removed from receivables in the general ledger in 2015. Total account write- offs (loss) for the three year period; $1,220.34. Strategic Priorities: e Resident Economic Stability 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 AUTHORIZING THE CITY MANAGER TO WRITE OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND RETURNED CHECKS WHEREAS, the City Manager has identified the following accounts receivable as unlikely to be collected ; and WHEREAS, the following returned checks have been placed for collection without success and have surpassed the time limits for valid collection; and WHEREAS, all reasonable efforts have been made to collect on these receivables and returned checks. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager is hereby authorized to write off the following accounts receivable and returned checks from the City of Brooklyn Center's accounts: Returned Checks: Name Amount Check Date Department Rodgers $ 28.00 March 2009 CARS All For Your Home 98.10 April 2009 CARS Banks 16.04 June 2009 CARS Edwards 115.00 June 2009 CARS Evanson 41.50 September 2009 BCS Morrisset 25.00 November 2009 CARS Tanoe 6.00 November 2009 CARS Money Order 50.00 December 2009 Fire Money Order 50.00 January 2010 Fire Werner Exteriors 128.65 February 2010 BCS Schultz 80.50 March 2010 BCS Williams 29.00 April 2010 CARS Angle Rite Construction 129.05 August 2010 BCS Scarver 49.50 August 2010 CARS Schmittou 50.00 October 2010 CARS Chandler 29.00 October 2010 CARS Keilen 47.00 December 2010 CARS Daye 17.00 April 2011 CARS Lunning 81.00 July 2011 Police Cervantes 150.00 October 2010 Water TOTAL $ 1,220.34 RESOLUTION NO. November 23, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6d [i1IJ[II fl V kA L'A.I kI [I] 1WI 111411 DATE: November 17, 2015 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Establishing the Interest Rate for 2016 Special Assessments Recommendation: It is recommended that the City Council consider approval of the resolution establishing the interest rate for 201 6 special assessments at 4.0 percent. Background: Each year the City Council sets an interest rate for special assessments levied against properties based on the City's Special Assessment and Internal Loan Interest Rate Policy. The objective of this policy is to establish an equitable interest rate that will not unfairly burden the property owner but also recover the cost of borrowing from outside sources, recover the cost of administering the special assessments and protect the City from the possibility that special assessment prepayments might impair the City's ability to service the bonds. City Council Policy has been to establish the special assessment interest rate by calculating the sum of the interest rate for the most recent general obligation bond, adding two (2) percent to cover the overhead costs described above, and rounding to the nearest one-half percent in accordance with the Interest Rate Policy. The most recent improvement bond sale by the City of Brooklyn Center was 2015 General Obligation Improvement Bonds at 2.00 percent, resulting in a special assessment interest rate of 4.0 percent for 2016, which is consistent with the 2015 rate. Budget Issues: There are no budget issues to consider. Strategic Priorities: Key Infrastructure Investments i3'Jis.iusz: Ensiii'ing an allracliie, clean, safe, inclusii'e conmawity that enh,a,tce the quality of/e for tel/people andpreserve,5 the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING THE INTEREST RATE FOR 2016 SPECIAL ASSESSMENTS WHEREAS, the City Council levies special assessments for certain neighborhood street and utility projects, delinquent utility bills and other services provided to property owners that go unpaid; and WHEREAS, amounts outstanding are certified to Hennepin County for collection with property taxes; and WHEREAS, by City Policy, interest is to be charged on outstanding amounts certified to Hennepin County for collection with property taxes; and WHEREAS, the interest rate to be charged is two percent over the net interest rate for the most recent City General Obligation bond sale rounded up to the next one-half percent; and WHEREAS, the most recent General Obligation Improvement Bond sale resulted in a net interest rate of 2.00 percent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the interest rate charged on outstanding special assessments for the year 2016 is hereby established at 4.0 percent. November 23, 2015 MayorDate 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 [ii1IJ[I fl N ØWA LU ak'A (I) 11hI 1Ii I DATE: November 17, 2015 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Establishing 2016 Street and Storm Drainage Special Assessment Rates Recommendation: It is recommended that the City Council consider approval of the resolution establishing the 2016 street and storm drainage special assessment rates for City street and utility improvement projects. Background: Each year the City Council establishes assessment rates for RI, R2, and R3 residential zoned properties based on the City's Special Assessment Policy. Within these zoning districts, the assessment rate for street and storm drainage improvements is based on a unit amount that applies to all single family residential properties. The unit amount represents a specific portion of the average cost for reconstructing a typical residential street and storm drainage system. Street assessments for non-residential and R4 to R7 residential properties are computed separately for each project. Special assessment rates are typically adjusted each year to reflect normal inflationary increases in construction costs, The City's Special Assessment Policy indicates that, "the unit assessment shall be adjusted annually to reflect cost of living increases as measured by the Construction Index" (see Section II - 2.10.2.B.1.a.2). The ENR Construction Cost Index has experienced an average annual percent change for 2015 of 2.9 percent (see Table 1). Table 1. ENR Construction Cost Index - 12-Month Average Annual Percent ChangeI Year I 2008 1 2009 I 2010 I 2011 I 2012 2013 2014 2015* 12-mo avg. annual %I 5.3 I 0.3 3.6 .1.3 3,7 I 2.7 6.3 I 2.9 change Source: Engineering News Record website, November 16, 2015, edition Note: * 11 month average As a comparison, the Consumer Price Index has experienced an average annual percent change for 2015 of-0.5 percent (see Table 2). Table 2. Consumer Price Index - 12-Month Average Annual Percent ChangeI Year I 2008 I 2009 I 2010 I 2011 I 2012 I 2013 I 2014 I 2015* 12-mo avg. annual %3.7 -0.6 2.0 3.2 2.0 1.4 1.5 -0.5 c hange Source: US Department of Labor, Bureau of Labor Statistics website, October 23,2015 Note: * 9 month average Vlission. Ensuring an allradire, clean, safe, inclusive conununily that enhances the quality of lift? Joy all people and preserves the public trust [I1S1Ii[iJ fl I U LU 3k' [I) 1I IJJJIYII Based on the 2015 information above, staff recommends adjusting the special assessment rates by an increase of 2.9 percent for 2016, which will be an increase of $153 from the 2015 total assessment amount. This should continue to maintain the portion of street and storm drainage costs that are assessed at approximately 40 percent of the total cost for street and storm drainage improvements. The City Council has historically targetcd 40 percent as the portion of street and storm drainage improvements that are assessed to adjoining RI, R2, and R3 residential properties. Budget Issues: Increasing the 2015 special assessment rates for 2016 would result in an assessment amount of $4,184 for street improvements and $1,255 for storm drainage improvements. The total assessment amount would be $5,439 per RI single family residential lot in 2016 compared to $5,286 in 2015. The attached resolution provides the corresponding adjustments for R2 and R3 zoned properties based on the proposed unit assessment rate. Strategic Priorities: Key Infrastructure Investments 3'Jission: Ensuring an aItrnctiIk', clean safe, inclusive coinnulnhly that enhances the quality of lift fir all people and preserves' the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING 2016 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES WHEREAS, the residential assessment rates for street and storm drainage improvements are annually reviewed and approved by the City Council; and WHEREAS, the residential assessment rates should be adjusted annually to be effective January 1; and WHEREAS, the 2016 street and storm drainage assessment rates for RI, R2, and R3 zoned districts are based on a specific proportion of approximately 40 percent of the average cost for street and storm drainage improvements; and WHEREAS, the R4, R5, R6, and R7 zoned districts will continue to be assessed based on an evaluation of project cost and project benefit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The residential street and storm drainage special assessment rates for street reconstruction shall apply to properties in Ri, R2 or R3 zoned districts. These rates shall also be applied to parcels of property in other land use zones when such parcels (a) are being used as one-family or two-family residential sites at the time the assessment roll is levied; and (b) could not be subdivided under the then-existing Subdivision Ordinance. 2. The residential assessment rates for street and storm drainage reconstruction effective January 1, 2016, shall be as follows: Land Use 2016 Assessment Rates RI zoned, used as one-family site that cannot be subdivided Land Use R2 zoned, or used as a two-family site that cannot be subdivided $4184.00 per lot (street) $1255.00 per lot (storm drainage) 2016 Assessment Rates $55.7867 per front foot with a $4184.00 per lot minimum (Street) $16.7333 per front foot with a $1255.00 per lot minimum (storm drainage) RESOLUTION NO. R3 zoned (per unit) Assessable frontage x $557867 (street) Number of residential units Assessable frontage x $ 16.7333 (storm) Number of residential units 3. The residential assessment rates for street and storm drainage reconstruction shall not apply to R4, R5, R6 or R7 zoned districts. The assessment rates for street reconstruction for R4, R5, R6 or R7 zoned property shall be based on an evaluation of the project cost and the project benefit for each project. November 23, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM DATE: November 23, 2015 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director (V- SUBJECT: Public Hearing on Proposed Utility Rates for 2016 Recommendation: It is recommended that the City Council consider approval of the attached resolutions setting rates for consumption and use of City provided utility services for 2016. Background: At the October 19, 2015 joint work session of the City Council and Financial Commission, staff presented the expected expenditures for operation of the City's utility services for 2016. The expenditures include total direct and indirect costs including depreciation of capital assets and administrative costs. Along with those costs cash flow projections were provided of the revenues needed for 2016 and for the next fifteen years to keep operations running smoothly and fund the infrastructure improvements needed in each of the utility systems. The cash flow analysis for each of the five utilities indicated anticipated rate changes were necessary to maintain targeted cash balances and fund the construction of the utility improvements associated with the City's 15-year Capital Improvement Plan (CIP). For 2016, rate increases are proposed for the Water and Sanitary Sewer Utilities in order to maintain cash reserves, fund normal operations and finance infrastructure improvements. Rate for the various utilities are recommended to change as follows for 2016: i'ft(Bt1uI Li:ii){kf [it CLIF ig Water Base Charge - Residential $10.00 $12.20 $2.20 /quarter(Per Quarter) Consumption Charge - Tier 1(0 - 30 gallons)$1.66 $2.03 $0.37 /1,000 gallons Residential Meters Tier 11(31 - 60 gallons)2.07 2.53 0.46 /1,000 gallons Tier III (61 and greater)3.10 3.78 0.68 /1,000 gallons Consumption Charge -(Per 1,000 gallons)$2.07 $2.53 $0.46 /1,000 gallonsNon-residential Sanitary Sewer Base Charge $78.45 $80.02 $1.57 /quarter(Per Quarter) Storm Sewer Base Charge $14.48 $14.48 No change(Per Quarter) Street Light Base Charge $6.55 $6.55 No change(Per Quarter) Recycling Base Charge $9.21 $9.21 No change(Per Quarter) Mission: Ensuring an attractive, c/eu,,, safe corn/nun/tv that eli/lances the qua/it; of life andpreserves thepublic trust [Ei1IJ[iJ I V N 1WA U I Jk"A (I) t1I P1SJ I The utility bill for a household using 18,000 gallons of water (considered the typical residential user) is shown in comparison to 2015 rates as follows: Water $39.88 $48.74 $8.86 Sanitary Sewer $78.45 $80.02 $1.57 Storm Sewer $14.48 $14.48 - Street Light $6.55 $6.55 - Recycling $9.21 $9.21 - Total $148.57 $159.00 $10.43 The proposed rates would become effective on January 1, 2016 for the Water and Sanitary Sewer Utilities. City Code sections 11.02 and 11.06 require a notice and hearing prior to the City Council setting new utility rates, The Public Hearing Notice was published in the Brooklyn Center Post on November 5, 2015. Strategic Priorities: Key Infrastructure Improvements Mission: Ensuring an attractive, clean, safe coin;nnnitj' that enhances the qua/in of life and preserves the public tiust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2016 WATER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Water Utility rates, fees and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2016. 2016 WATER UTILITY RATE SCHEDULE Water Rates, Fees and Charges Base Rate Year 2016 $2.53 per 1,000 Gallons Meter Size 1" 1'/2" 2" 3 ,' 4 ,, 6 " 8" 10" Quarterly Minimum Rate 2016 quarterly Minimum Charge $35.42 $45.54 $88.55 $177.10 $298.54 $683.10 $1,295.46 $1,727.28 Water Conservation Rate Meter Size 5/8" and 3/4" Thousands of Gallons 0 to 30 31 to 60 61 and greater Base Charge (minimum charge per quarter) $12.20 Consumption Charge (per 1,000 gallons used) $2.03 $2.53 $ 3.78 RESOLUTION NO. Other Charges Delinquent account, quarterly charge Greater of $3.00 or 10% of unpaid balance Certification for collection with property taxes $30.00 Fire Service Line Charge $12.50 per quarter November 23, 201 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2016 SEWER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Sewer Utility rates, fees and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2016. 2016 SEWER UTILITY RATE SCHEDULE Sewer Rates, Fees and Charges Base Rate Quarterly Residential (minimum quarterly charge) Single Family Apartment Senior Citizen Year 2016 $80.02 $56.01 $44.01 Non-Residential Rate Year 2016 $3.22 per 1,000 Gallons Fees SAC Charge set by MCES Fee Established by MCES Charges Delinquent account, quarterly charge Greater of $3.00 or 10% of unpaid balance Certification for collection with property taxes $30.00 Line cleaning charge Labor, materials, equipment and overhead Sanitary Sewer Connection Established annually by resolution November 23, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2016 STORM SEWER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center that the following Storm Sewer Utility rates and charges are hereby continued and shall be effective for all billings issued on or after January 1, 2016. 2016 STORM SEWER UTILITY RATE SCHEDULE Storm Sewer Rates and Charges Quarterly Rates per Acre 2016 Minimum Quarterly Charge Base Rate $ 57.90 Cemeteries and Golf Courses $14.48 Parks $ 28.95 Single Family, Duplex, Townhouse $ 14.48/lot School, Government Buildings $ 72.38 Multiple Family, Churches $173.70 Commercial, Industrial $ 289.50 Vacant Land As Assigned Charges Delinquent account, quarterly charge Greater of $3.00 or 10% of unpaid balance Certification for collection with property taxes $30.00 Private facility cleaning charge November 23, 2015 Date ATTEST: City Clerk Labor, materials, equipment and overhead Mayor 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2016 STREET LIGHT RATES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Street Light Utility rates and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2016. 2016 STREET LIGHT UTILITY RATE SCHEDULE Street Light Rates and Charges Quarterly Rates Customer 2016 Minimum quarterly Charge Per Dwelling Unit: Single, Double and Multiple Family $6.55 Residential Per Acre: Parks $10.90 Schools, Government Buildings, Churches $21.80 Retail and Service-Office $32.69 Commercial and Industrial $32.69 Vacant Land and Open Space As Assigned Charges Delinquent account, quarterly charge Greater of $3.00 or 10% of unpaid balance Certification for collection with property taxes $30.00 November 23, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING 2016 RECYCLING RATES AND CHARGES WHEREAS, the City of Brooklyn Center is a member of the Hennepin Recycling Group (HRG), which is a joint powers group organized pursuant to Minnesota Statutes Section 471.59 (1987); and WHEREAS, the purpose of the joint powers agreement is to create an organization by which member cities may jointly and cooperatively provide for the efficient and economical collection, recycling and disposal of solid waste within and without their respective corporate boundaries in compliance with the Minnesota Waste Management Act, Minnesota Statutes Chapter 115A (1987); and WHEREAS, the HRG has established a curbside recycling program for its member cities to meet the requirements of Hennepin County Ordinance No. 13, Solid Waste Source Separation for Hennepin County; and WHEREAS, the City of Brooklyn Center must establish rates to fund the City's curbside recycling program and the cost for projected reimbursement of recycling charges from the HRG along with other program operating charges; and WHEREAS, Brooklyn Center Ordinance No. 89-11 authorizes the City to establish rates for recycling services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the recycling charges shall be as follows for all billings issued on or after January 1, 2016: 2016 RECYCLING UTILITY RATE SCHEDULE Recycling Rates and Charges Minimum Charge per Household per quarter: $9.21 per quarter Charges Delinquent account, quarterly charge Greater of $3.00 or 10% of unpaid balance Certification for collection with property taxes $30.00 November 23,_2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. - DO oc) N 0 -00 N (0 0— 0LO-AOO 10-n LA \\ \J L U0 no -0 Lf-D (P1 0 w cu oj ro ro 2 udloo co 0 = 61 DO0 co =005 0 cu 0 0 lk co 0 Mo cu=0 05 0 05 w =0 =0 0 fl 0=0 cu >0 Lfl LO N LO LC) Ln N 4 41I. 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N 0 00 LO 4J U 00 0) 0) 0 0) 0 0) 1 ow Ln VA 0 (P1 CD0E0U 0 0 (M-J) City Council Agenda Item No. 8b [i1SJcI1 I fl U U U I [I) i:ii iisJ I DATE: November 17, 2015 TO: Curt Boganey, City Mana/ FROM: Sharon Knutson, City Clerk SUBJECT: An Interim Ordinance Imposing a Moratorium on the Licensing and Operation of New Rental Dwelling Units and Imposing Temporary Regulations on the Residency Location of Predatory Offenders within the City Recommendation: It is recommended that the City Council open the Public Hearing, take public input, close the Public Hearing, and consider adoption of An Interim Ordinance Imposing a Moratorium on the Licensing and Operation of New Rental Dwelling Units and Imposing Temporary Regulations on the Residency Location of Predatory Offenders within the City. Background: At its October 26, 2015, meeting, the City Council approved first reading of An Interim Ordinance Imposing a Moratorium on the Licensing and Operation of New Rental Dwelling Units and Imposing Temporary Regulations on the Residency Location of Predatory Offenders within the City. Attached are the materials provided at the October 26, 2015, meeting. The second reading and Public Hearing are scheduled for November 23, 2015. Notice of Public Hearing was published in the Brooklyn Center Sun-Post newspaper on November 5, 2015. If adopted, effective date will be January 2, 2016. Budget Issues: Strategic Priorities: Mission: Ensuring an allradilve, clean, saft, inclusive community that enhances the quality of life for all people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23rd day of November, 2015, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to the adoption of an interim ordinance prohibiting the issuance of new rental licenses. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements. ORDINANCE NO. AN INTERIM ORDINANCE IMPOSING A MORATORIUM ON THE LICENSING AND OPERATION OF NEW RENTAL DWELLING UNITS AND IMPOSING TEMPORARY REGULATIONS ON THE RESIDENCY LOCATION OF PREDATORY OFFENDERS WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Legislative Findings 1.01 The City of Brooklyn Center ("City"), pursuant to Chapter 12 of the City Code, requires a license for any person to operate a rental dwelling within the City; 1.02 The purpose of the rental dwelling license requirement is to ensure rental housing in the City is decent, safe and sanitary and is so operated and maintained as to not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community; 1.03 The rental dwelling license requirement in the City Code was adopted under the City's police power to protect the health, safety and welfare of its residents; 1.04 Repeat predatory offenders present a significant threat to the public safety of the community as a whole, especially children, females, and vulnerable populations. Predatory offenders are likely to use physical violence and to repeat their offenses, and most predatory offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. The cost of predatory offender victimization to society at large, while not precisely calculable, is steep; 1.05 The City Council finds that a disproportionately high number of predatory offenders are being placed in the City and it is in the best interest of the ORDINANCE NO. public to study and consider options for addressing and minimizing the public safety impacts of such placements; 1.06 The City may amend ordinances enacted under its police powers as it sees fit, including through the adoption of moratoria and temporary regulations enacted to allow the City sufficient time to prepare and adopt permanent regulations; 1.07 The City further has the authority under Minnesota Statutes, section 462.355, subdivision 4 to enact an ordinance placing a moratorium on ordinances that control the physical development of the City including site plan regulations, sanitary codes, and building codes; 1.08 The City does not currently limit the number of rental dwelling licenses it can issue; 1.09 The City determines it necessary to study the effects of an unlimited number of rental licenses being allowed within the City; 1.10 The City does not currently have an ordinance regulating the location of predatory offenders within its boundaries; 1.11 The City has a compelling interest in promoting, protecting and improving health, safety, and general welfare of the City's citizens; 1.12 The City needs to study and evaluate the need to limit the number of rental dwelling licenses issued within a defined area and to prohibit certain predatory offenders from establishing temporary or permanent residence in certain locations where children are known to regularly congregate in a concentrated number; 1.13 The Council has determined that it is necessary and in the public interest to impose a moratorium on the licensing and development of new rental housing units that are currently required, while studying the issue of limiting the number of rental licenses that may be issued within the City; and 1.14 The Council has determined that it is necessary and in the public interest to impose a temporary ordinance limiting the residence location of predatory offenders while considering a permanent ordinance limiting the residency location of predatory offenders within the City. Section 2. Definitions. The following words, terms, and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 2.01 "Child" means any person under the age of eighteen (18). ORDINANCE NO. 2.02 "Designated predatory offender" means any person who has been categorized as a Level III predatory offender under Minnesota Statutes, section 244.052, a successor statute, or a similar statute from another state in which that person's risk assessment indicates a high risk of re-offense. 2.03 "Permanent residence" means a place where a person abides, lodges, or resides for 14 or more consecutive days. 2.04 "Temporary residence" means a place where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or non-consecutive days in any month and which is not the person's permanent residence. 2.05 "School" means a public or nonpublic elementary or secondary school. 2.06 "Licensed child care center" means a group child care center currently licensed by the applicable County or State of Minnesota. 2.07 "Public playground" means a publicly-owned, improved park or other outdoor area designed, equipped, and set aside primarily for children's play. Section 3. Moratorium on Rental Licenses 3.01 To protect its residents and the potential harm that may come from an unlimited number of rental dwelling licenses within the City, the City Council hereby exercises its authority under its police powers to place a moratorium on the acceptance of applications for new rental licenses. The moratorium mandates that no applications for rental licenses will be accepted for new rental housing licenses for any dwelling structure or dwelling unit for a single family and single family attached home as defined in the City Code Section 12-201. During the period of this moratorium, no new rental dwelling licenses shall be issued for any dwelling structure or dwelling, unit for a single family or single family attached home. Furthermore, no building permits for the expansion or enlargement of a single family or single family attached home to increase the number of dwelling units will be issued. For purposes of this Ordinance, rental dwelling shall have the meaning given in City Code Section 12-201 (26). 3.02 New rental license applications received prior to the adoption of this Ordinance will be processed for licensure. Those holding current rental dwelling unit licenses may continue to operate under their current license ORDINANCE NO. and may renew their license in a manner consistent with the City's current regulations on rental dwelling licenses. 3.03 The prohibitions imposed by this moratorium do not apply to applications for a new rental license for a dwelling unit that qualifies for relative homestead under Minnesota Statutes, section 273.124, subdivision 1(c). 3.04 The moratorium imposed by this Section of the Ordinance shall be in effect for a period of 120 days from the date of its adoption, until the final adoption of an amendment to the City's rental dwelling unit license provisions within the City Code or upon its express repeal by the City Council, whichever occurs first. Section 4 Temporary Regulations on Predatory Offenders 4.01 It shall be unlawful for any designated predatory offender to establish a permanent or temporary residence within 2,000 feet of any school, licensed child-care facility, public playground, or any other place where children are commonly known to regularly congregate. 4.02 For purposes of determining the minimum distance separation required by this Section, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence of the designated predatory offender to the nearest outer property line of the protected. 4.03 A designated predatory offender residing within a prohibited area as described in this Section does not commit a violation of this Section if any of the following apply: A.The person established the permanent residence or temporary residence and reported and registered the residence pursuant to Minnesota Statutes, sections 243.166 and 243.167 or a successor statute, prior to October 26, 2015; B.The person was a minor when he or she committed the offense and was convicted as an adult; C.The person is a minor; D.The school, licensed child care center, or public playground within 2,000 feet of the person's permanent residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to Minnesota Statutes, sections 243.166 and 243.167, or a successor statute; ORDINANCE NO. B. The residence is also, as of October 26, 2015, the primary residence of the person's parents, grandparents, siblings, or spouse; or F. The residence is a property purchased, leased, or contracted with and licensed by the Minnesota department of corrections prior to October 26, 2015. 4.04 The regulations imposed by this Section of the Ordinance shall be in effect for a period of 120 days from the date of its adoption, until the final adoption of an amendment to the City's Code regarding the residency location of predatory offenders, or upon its express repeal by the City Council, whichever occurs first. Section 5. Enforcement 5.01 A violation of this Ordinance shall be a misdemeanor. In addition, the City may enforce this Ordinance by mandamus, injunction, other appropriate civil remedy in any court of competent jurisdiction, or through the City's administrative penalties program under Chapter 18 of the City Code. Section 6. Effective Date and Repeal 6.01 This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. 6.02 Once this Ordinance is in effect, the resolution adopted by the City Council on October 26, 2015, regarding the same matters shall be deemed repealed. 6.03 This Ordinance is transitory in nature and shall not be codified into the City's Code of Ordinances. Adopted this day of ,2015 Mayor ATTEST: City Clerk Date of Publication Effective Date 0ID —JD CD LLJ CD CNI ZD C cl)orw9 ---i H I o L Ini) 1- L D-F Ho Z F-1Li cD CD 0Do- (0 13 CDo 0 s c\J 03 !rnErnE . . i::: •J: ' ' ?:i. .. " II;'kJ;'. V ; i: 1Y,:ML : - IIH1II 00 03 ..-. ___1. 4 , - I 1 I ,lI, •• - __/ f/ Ii -- -J I ' 1c\ : r i T ' I _ I 1 'k: _, \ I - IS:rirllIII • •i . , i_.s4?:. . ti _ .' . --. C, •. • _. I!!, I.•I..II F • • - •t. I• ptt % $rf 117i Wit : I ; !; L111l1ii Iy-la_1 _,L ,.( I \1 ' . ' II I . ,' ! , i L • ' - ;I? - ItV?• ,, . 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