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Home My WebLink About2016 01-11 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION January 11, 2016 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1.City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center January 11, 2016 AGENDA 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.December 7, 2015 —2016 Budget Hearing 2.December 7, 2015 - Special Session 3.December 14, 2015 - Study Session 4.December 14, 2015 —Regular Session b. Licenses C. Resolution Designating Official Newspaper d. Resolution Designating Depositories of City Funds CITY COUNCIL AGENDA -2- January 11, 2016 e.Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, Twin Lakes Joint Powers Organization, and Minneapolis Northwest Convention & Visitors Bureau f.Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees g.Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations h.Resolution Granting Corporate Authority for Signing of Checks and Transactions of Financial Business Matters i.Resolution Opting Not to Waive Limited Tort Liability for 2016 j.Resolution Calling for a Public Hearing Regarding Proposed Use of 2016 Urban Hennepin County Community Development Block Grant Funds k. Resolution Authorizing Lease Between the City of Brooklyn Center and LOUIS for Police Building Space 1. Resolution Approviong the Labor Agreement for Law Enforcement Labor Services (LELS) Local 82 (Police Officers and Detectives) and the City of Brooklyn Center for the Calendar Years 2016 and 2017 M. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2016-01, 02, 03 and 04, Palmer Lake West Area Street, Storm Drainage and Utility Improvements 7.Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of John Russell for His Dedicated Public Service on the Park and Recreation Commission Requested Council Action: —Motion to adopt resolution. 8.Public Hearings —None. 9. Planning Commission Items —None. CITY COUNCIL AGENDA -3- January 11, 2016 10. Council Consideration Items a.Select Presiding Officers - Mayor Pro Tern and Acting Mayor Pro Tern Requested Council Action: —Council discuss and select presiding officers. b.Resolution Declaring Commitment to the Brooklyn Center City Charter Requested Council Action: —Motion to adopt resolution. C. Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representative/Voting Delegates for Other Organizations for 2016 Requested Council Action: —Motion to ratify Mayoral appointments. d. Hearing and Consideration of an On-Sale Class B Intoxicating Liquor License, 2 A.M. Liquor License, and Sunday Liquor License for Jammin Wings LLC, 2590 Freeway Boulevard —Resolution Making Findings of Fact and Order Relating to Jammin Wings Liquor License Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on On-Sale Class B Intoxicating Liquor License, 2 A.M. Liquor License, and Sunday Liquor License. 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 BUDGET HEARING DECEMBER 7, 2015 CITY HALL - COUNCIL CHAMBERS 1.CALL TO ORDER The Brooklyn Center City Council met for the 2016 Budget Hearing called to order by Mayor Tim Willson at 7:01 p.m. 2.ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Business and Development Director Gary Eitel, Finance Director Nate Reinhardt, and Deputy City Clerk Rozlyn Tousignant. 3.PRESENTATION ON BUDGET PROCESS AND PROPOSED 2016 BUDGETS Mr. Boganey gave a brief introduction and summary of the budget as well as an overview of the December 7th meetings. Mr. Reinhardt gave a presentation on the proposed budget. 4.PRESENTATION ON PROPOSED PROPERTY TAXES PAYABLE IN 2016 Councilmember Ryan raised a question in regard to the Vacancy Turnover Savings and the delay in hiring replacements in the City. Mr. Reinhardt explained how the City budgets for employment for a full year. Councilmember Ryan stated that it is a substantial savings and opened the subject up to Mr. Boganey. Mr. Boganey explained that the Council likely levies less money due to the policy/practice in place. Councilmember Ryan raised another question in regard to property values and noted that residential property values have been increasing and that the valuation is off compared to the Minneapolis Multiple Real Estate Listing report. Councilmember Ryan also explained that the median plays a big role in the City of Brooklyn Center due to the uniformity of the City's housing stock. It was clarified that prices on the open market are recovering faster than the assessments done by the county. Mayor Willson noted that reports are behind by one year, for instance 2017 taxes based on 2016 reports. Mr. Boganey reiterated the point that Councilmember Ryan brought up about 2016 median value homes and explained how the assessors reach their findings based on the reports from the year prior. Mr. Boganey mentioned the Local Board of Appeal and Equalization meeting held every spring, where residents can contest the valuation placed on their property. 12/07/15 -1- DRAFT Mayor Willson mentioned that the City had seen the opposite pattern take place when the bottom fell from the housing market in 2008, and saw values drop. Mr. Boganey elaborated on that point, stating that the values and therefore the taxes are following the pattern of the recovery from the housing crash. Mr. Boganey illustrated the industrial and commercial property values over the same history and how the system works to balance the share of taxes. Mayor Willson affirmed that at the Council level, the levy can be raised or decreased, however, the ratios for commercial/residential were established by the State. 5.OPPORTUNITY FOR PUBLIC COMMENT AND QUESTIONS Mayor Willson opened the Public Hearing. Ron Schmidt (6518 Willow Lane) expressed concerns over the tax values for properties on the river. Gary Lutz (7224 Penn Ave N) expressed concern over the 25% increase within two years. Mayor Willson expressed that to contest his property valuation he should attend the Local Board of Appeal and Equalization meeting in the spring. Tim Johnson (5406 Knox Ave N) raised issue with the percentage increase in the taxes and the discrepancy between homes. Mr. Johnson stated that his block has very similar homes and homeowners and that there are large differences between the percentage increases for each home. Mayor Willson explained that every home is built differently, looks differently and has different amenities, like fireplaces, that change the property values. Jeff Lutz (7224 Penn Ave N) raised the question about home values going up prior to 2010 and stated that the taxes increased, however, "nothing ever went down" when the bubble burst. Mr. Lutz also inquired about the Cafeteria Fund. Mayor Willson responded with an explanation. 6.REVIEW REMAINING ACTIONS FOR ADOPTION Mr. Boganey explained that following adjournment of the budget hearing, the Housing and Redevelopment Authority, Economic Development Authority, and City Council will meet in Special Session to consider the 2016 budget. 7. ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded to adjourn the Budget Hearing at 8:25 p.m. Motion passed unanimously. 12/07/15 -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 SPECIAL SESSION DECEMBER 7, 2015 CITY HALL - COUNCIL CHAMBERS 1.CALL TO ORDER The Brooklyn Center City Council met in Special Session called to order by Mayor Tim Willson at 8:31 p.m. 2.ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Business and Development Director Gary Eitel, Finance Director Nate Reinhardt, and Deputy City Clerk Rozlyn Tousignant. 3. CONSIDERATION OF 2016 BUDGET City Manager Curt Boganey stated that the 2016 Budget Hearing was held previous to this meeting and the items before the City Council at this Special meeting would be to adopt the final items for 2016 Budget. 3a.CITY MANAGER'S BUDGET TRANSMITTAL LETTER FOR 2016 FISCAL YEAR Councilmember Graves moved and Councilmember Ryan seconded to accept the City Manager's Budget Transmittal Letter for 2016 Fiscal Year. Motion passed unanimously. 3b.RESOLUTION NO. 2015-182 APPROVING FINAL TAX CAPACITY LEVIES FOR THE GENERAL FUND AND HOUSING & REDEVELOPMENT AUTHORITY AND MARKET VALUE TAX LEVY FOR THE DEBT SERVICE FUND FOR PROPERTY TAXES PAYABLE 1N2016 Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2015-182 Approving Final Tax Capacity Levies for the General Fund and Housing & Redevelopment Authority and Market Value Tax Levy for the Debt Service Fund for Property Taxes Payable in 2016. Motion passed unanimously. 12/07/15 -1- DRAFT 3c.RESOLUTION NO. 2015-183 ADOPTING THE 2016 ANNUAL CITY BUDGET Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-183 Adopting the 2016 Annual City Budget. Motion passed unanimously. 3d.RESOLUTION NO. 2015-184 APPROVING THE 2016-2030 CAPITAL IMPROVEMENT PLAN AND ADOPTING THE 2016 CAPITAL PROGRAM Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2015-184 Approving the 2016-2030 Capital Improvement Plan and Adopting the 2016 Capital Program. Motion passed unanimously. 4. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded to adjourn the City Council meeting at 8:42 p.m. Motion passed unanimously. 12/07/15 -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 STUDY SESSION DECEMBER 14, 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 6:03 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, Project Engineer Mike Albers, 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 Councilmember Lawrence-Anderson asked Mayor Willson if he wanted to be more specific in the first paragraph of the Study Session minutes of November 23, 2015: "Mayor Willson stated he has seen articles about recent court actions that make him think the City may be on solid ground and on the right path regarding the interim ordinance." Mayor Willson stated he was referring to articles in the League of Minnesota Cities newsletter. Councilmember Lawrence-Anderson asked if Mayor Willson would like to specify the interim ordinance. Mayor Willson stated he did not care either way. Councilmember Lawrence-Anderson stated that it was up to the Mayor. Councilmember Lawrence-Anderson requested clarification on Item 6E Dissolution of ProjectPeace inquiring if the City will still have adequate and effective domestic violence support without this group. Mr. Boganey stated that the City has been using Cornerstone for the last several years and they have been providing excellent services. 12114//15 -1- DRAFT Councilmember Lawrence-Anderson stated that she found the Financial Commission spreadsheet under Item 1OA was the easiest format to follow. She asked if it would be possible for all the City Commissions to follow the same format. Mayor Willson stated he used the data for Commission reappointments. He doesn't have a problem with using the Financial Commission spreadsheet and commented that Commission attendance has picked up and is better than last year with this type of review. Mr. Boganey stated he was not sure if the rest of the Councilmembers have similar views as Councilmember Lawrence-Anderson in terms of readability but if there is a concurrence that the Councilmembers would like to use the Financial Commission's format, he will share it with the staff liaison not as a mandate but as a template and the decision would be left up to the Commission. Councilmembers agreed to Mr. Boganey's suggestion. Mr. Boganey noted the addition of the On-Sale Intoxicating Class B, Sunday, and 2 a.m. liquor license under Item 6B for Jammin Wings. He stated that as of today the City still does not have definitive information regarding license qualifications but rather than hold a special meeting he is suggesting that this item be added to the consent agenda and have the license approved subject to the conditions. It was the majority consensus of the City Council to add the item to the Consent Agenda. Mayor Willson asked Mr. Boganey if he distributed the Vice President's letter. Mr. Boganey replied that it was distributed via e-mail. Councilmember Myszkowski requested the following correction to the Study Session minutes of November 23, 2015 to the second paragraph of page 2: "She stated that she liked that dollars were following the people. into other states." It was the majority consensus of the City Council to accept the correction. Mayor Willson asked if there were any conflicts with the 2016 schedule. Councilmembers did not note any conflicts. Councilmember Lawrence-Anderson asked if any other Councilmembers were going to attend the 5 a.m. ribbon cutting for Caribou Coffee & Einstein Bros Bagels on December 15, 2015. She stated she will try to attend. MISCELLANEOUS Councilmember Ryan reported that he has completed the on-line training for the Local Board of Appeal. He asked if he should bring the certification to the hearing or send it to the City Clerk. 12/14/115 -2- DRAFT Mr. Boganey stated that the fact that he has completed the training is sufficient, but he could bring it to the hearing. Mayor Willson stated that the City used to make sure there was a copy on file. Councilmember Ryan asked Councilmembers and Mr. Boganey if they had feedback for him before he responded to a League of Minnesota Cities survey. He stated that he felt that the organization has done a really good job. Mr. Boganey suggested Councilmember Ryan respond to the survey accordingly. Councilmember Ryan stated that the trainers were very good and their Day at the Capital event is very well organized. Mr. Boganey agreed that the organization does a good job and serves their constituents well. Councilmember Lawrence-Anderson commented on how much positive feedback she received on the 63 rd Avenue project. She stated it really looks nice, it is an improvement, and it is impossible to pass on the right. She has noticed that the speeds appear to be slower. Mr. Boganey stated he will pass that information on to staff and that the City will be doing a post traffic survey in the spring to see if there has been any change in the speeds. Councilmember Ryan stated he noticed that residents were questioning the value of the trail addition, but when it was brought to their attention how it would link to the City trails and the Three Rivers Park District trail system, some of the residents seemed to change their attitude about the trail. He stated a lot of residents are not aware of how extensive the trail systems are. Councilmember Graves stated that people can bike down to the light rail station on 6311 Avenue when it is completed. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded to adjourn the Study Session at 6:23 p.m. Motion passed unanimously. 121141/15 -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 DECEMBER 14, 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, Engineer Mike Albers; Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Ron Schmidt, 6518 Willow Lane North, stated that there is a.33 hundredth of a mile piece of the Three Rivers bike trail that is missing. The plan is to turn a sidewalk on Willow Lane into a bike trail. This change will not take place for about five years. He talked about the number of bicyclists currently riding on the street and the hazards associated with this practice. He has suggested to the City that a light be attached to a telephone pole on his property. He stated he received a letter from Assistant City Engineer Andrew Hogg explaining the City's street light policy and stating that there would be a cost to property owners of $2,000 to 6,000. He said his neighbors were not interested in paying the cost for the light and they feel they already pay enough taxes. He wants to go on record that he is concerned that a biker or pedestrian will be hurt because it is so dark in this area. He knows there is nothing that can be done, but he at least has gone on record so he can live with himself. Councilmember Ryan stated it has been a longstanding City Council practice not to engage in problem solving during the Informal Open Forum. Mr. Schmidt stated that the Assistant City Engineer did a good job of communicating the City's position but it didn't seem warm and friendly to the taxpayers. Councilmember Ryan stated he won't let the issue go and will look into it to see if the City Council could revisit it. He also stated that street lights are paid for through utility fees and not through taxes. 12/14/15 -1- DRAFT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:53 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Graves offered the invocation by reading a poem. 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/City Engineer Steve Lillehaug, Project Engineer Mike Albers, 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 Ryan moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session minutes of November 23, 2015, and the addition of liquor licenses for Jammin Wings, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.November 23, 2015 - Study/Work Session 2.November 23, 2015 - Regular Session 6b. LICENSES GASOLINE SERVICE STATION Two Rivers Investment, Inc. 6840 Humboldt Avenue N LIQUOR - CLASS A ON-SALE INTOXICATING AND SUNDAY 2200 Beverage Management, LLC dba DoubleTree by Hilton Minneapolis N 2200 Freeway Boulevard 12/14/15 -2- DRAFT LIQUOR - CLASS B ON-SALE INTOXICATING AND SUNDAY Apple Minnesota, LLC dba Applebee's Neighborhood Grill & Bar 1400 Shingle Creek Crossing Brooklyn Hotel Partners LLC dba Embassy Suites 6300 Earle Brown Drive LIQUOR - CLASS B ON-SALE INTOXICATING, SUNDAY, AND 2 A.M. Jammin Wings 2590 Freeway Boulevard Subject to the following condition: City auditor's submittal of a review of the business records for Jammin Wings for accounting functions demonstrating compliance with the provisions of the City's Liquor Code. LIQUOR - CLASS F ON-SALE INTOXICATING AND SUNDAY Flik International Corporation dba Earle Brown Heritage Center 6155 Earle Brown Drive LIQUOR - ON-SALE CLUB INTOXICATING AND SUNDAY Duoos Brothers American Legion Post 630 6110 Brooklyn Boulevard LIQUOR - ON-SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIQUOR Brooklyn Center Restaurant, Inc. dba 50's Grill 5524 Brooklyn Boulevard Davanni's Pizza & Hot Hoagies 5937 Summit Drive LIQUOR - ON-SALE 3.2 PERCENT MALT LIQUOR Centerbrook Golf Course, Centennial Park and Evergreen Park 6301 Shingle Creek Parkway UEC Hospitality LLC dba Wingstop #1005 1180 Shingle Creek Crossing/G1 LIQUOR - OFF-SALE 3.2 PERCENT MALT LIQUOR Awad Company dba Winner 6501 Humboldt Avenue N Bassil Co. dba Marathon 1505 69th Avenue N Diamond Lake 1994 LLC dba Cub Foods - Brookdale Leng Ku dba Sun Foods Northern Tier Retail LLC dba SuperAmerica #3192 Northern Tier Retail LLC dba SuperAmerica #4160 Northern Tier Retail LLC dba SuperAmerica #405 8 Wal-Mark Stores, Inc. dba Walmart 3245 County Road 10 6350 Brooklyn Boulevard 6950 Brooklyn Boulevard 6545 West River Road 190157 th Avenue N 1200 Shingle Creek Crossing 12/14/15 -3- DRAFT MECHANICAL Elk River Heating & AIC Exel Air, LLC Professional Mechanical Services Stafford Home Service, Inc. Steinkraus Plumbing, Inc. Swenson Heating and Air Conditioning RENTAL INITIAL (TYPE III— one-year license) 5706 Camden Avenue N 5907 Washburn Avenue N INITIAL (TYPE II— two-year license) 6742-6744 France Avenue N 2919 68th Lane N 5201 Ewing Avenue N RENEWAL (TYPE III— one-year license) 5001 Ewing Avenue N 4204 Lakebreeze Avenue 2307 54th Avenue N 5316-20 Russell Avenue N 4714 Wingard Lane RENEWAL (TYPE II— two-year license) 3808 6lst Avenue N 419 67th Avenue N 1312 72nd Avenue N 5834 Aldrich Avenue N 5819 Dupont Avenue N 5715 Emerson Avenue N 6425 Fremont Avenue N 5740 Irving Avenue N 5913 June Avenue N 5401 Oliver Avenue N 6830 Scott Avenue N 6937 Unity Avenue N 4906 Zenith Avenue N 19567 Twin Lakes Road NW, Elk River 5232 Glenbrook Avenue N, Ste. 200, Oakdale 8851 Research Center Road, New Hope 6225 Cambridge Street, Minneapolis 112 East 5th Street, Suite 101, Chaska 12723 320th Avenue, Princeton Gary Parker, Midwest Challenge, Inc. Cher Xiong Infinite Property LLC Kent LeFevre Infinite Property LLC Bartholomew Dabrowski Andrew Hardacre (missing 1 ARM meeting) James Johnson Daniel Hedlund Heeyoon Kim Adedamola Ogundipe John Staloch Curtis Cady Paul Vincent Scully Tiet Nguyen My Tniong Troy Jones Sean Rahn Mohammed Mehdi Jason Czerak Invitation Homes Wells Bovard Philip Scaia 12/14/15 -4- DRAFT RENEWAL (TYPE I— three-year license) The Crest Apartments 6221 Shingle Creek Parkway 4220 Lakeside Avenue 5927 Aldrich Avenue N 7125 Kyle Avenue N 7218 Kyle Avenue N 7200 Morgan Avenue N 3834 Oak Street 6901 Quail Avenue N 5836 Xerxes Avenue N SIGNHANGER Mathey Sign TOBACCO RELATED PRODUCT Burr St. Market, Inc. dba Quick Stop Family Dollar, Inc. #5110 Family Dollar, Inc. #45 14 Wal-Mart Stores, Inc. dba Walmart Christopher Nimmer Richard Arntson Yue Liu Prosperous Property LLC Prosperous Property LLC Dwayne Holmstrom Prosperous Property LLC Prosperous Property LLC Paul Witte 831 Coon Rapids Boulevard NW, Coon Rapids 5808 Xerxes Avenue N 210557 th Avenue N 6211 Brooklyn Boulevard 1200 Shingle Creek Crossing 6c.2016 CITY COUNCIL MEETING SCHEDULE 6d.RESOLUTION NO. 2015-185 SETTING SALARIES FOR CALENDAR YEAR 2016 6e.RESOLUTION NO. 2015-186 DISSOLVING PROJECT PEACE JOINT POWERS ORGANIZATION 6f.RESOLUTION NO. 2015-187 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, PROJECT NOS. 2014-01,02,03 AND 04, WANGSTAD AREA STREET AND UTILITY IMPROVEMENTS Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS None 8.PUBLIC HEARINGS 8a. RESOLUTION NO. 2015-188 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR 12/14/15 -5- DRAFT IMPROVEMENT PROJECT NOS. 2016-01, 02, 03 AND 04, PALMER LAKE WEST AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS City Manager Curt Boganey stated that there were two public hearings this evening and described them. He stated that the proper notices had been issued, and he introduced Public Works Director/City Engineer Steve Lillehaug. Mr. Lillehaug stated that Project Engineer Mike Albers would make the presentation and talked about the Palmer West Lake Neighborhood improvement history and procedure. He stated that all public comments had been provided to the City Council. He recommended that the City Council hear only the improvement comments at the first hearing and defer the special assessment comments to the second hearing. He also asked that the City Council formally consider the resolutions. He stated that no appeals pertaining to the special assessments had been received prior to tonight's public hearing. He recommended that the City Council refer any substantive assessment objections received tonight to staff for report back to the City Council for a continued public hearing. He also recommended removing only the objection-related assessments from the proposed levy roll and adopting the remaining proposed assessments. Mr. Albers presented the following: a map of the reconstruction project; the capital improvement program; a project planning and evaluation including sanitary sewer, water main, storm drainage, streets, sidewalks, trails, street lights; the sanitary sewer collection system; the water distribution system; the storm water drainage system; the pavement condition vs drainage (typical); the street reconstruction; the sidewalk improvement; the existing conditions and proposed improvements; the City policies and studies; restoration; the street lighting; the park improvements; the public right-of-way; the inconvenience during construction; the preliminary project budget; the assessment area; the special assessments - estimated amounts and payment options; and the estimated payment amount. Councilmember Ryan asked about the inflation factor used in estimating the cost of projects. Mr. Albers responded that the City used the Construction Cost Index and that is how the assessment rate is adjusted each year. Councilmember Ryan asked if the Construction Cost Index has raised at a slightly higher rate than the Consumer Price Index. Mr. Albers responded that he didn't know the comparison rates and would have to provide that information at a later date. Councilmember Ryan stated that he had observed this, and it is definitely a factor as to why the assessments have had to go up over the years because of the additional costs to the projects. Mr. Albers responded affirmatively. Councilmember Graves asked about the City's assessment policy and the inability to make partial payments. Mayor Willson replied that partial payments were not allowed because of administrative costs needed to track unscheduled payments. He stated that this issue could be brought back to the City Council for further discussion. Councilmember Graves stated that partial payments would be difficult for staff but possibly easier for residents. 12/14/15 -6- DRAFT Councilmember Ryan stated that it is a cash flow issue for the City. Mr. Boganey stated that the City's policy prevents partial prepayments as opposed to partial payments because of overhead cost that would be incurred by the City. Mr. Lillehaug stated that there is a street assessment and a storm sewer assessment. A resident can pay each one off separately. Councilmember Ryan moved and Councilmember Myszlcowski seconded to open the Public Hearing. Motion passed unanimously. Jane Sandberg, 3413 Woodbine Lane, spoke regarding the proposed sidewalk along the west side of West Palmer Lake Drive from 72nd Avenue N to the school. She stated that when she saw the proposal, she immediately thought that someone would get killed there because traffic is coming from three different directions. She stated that neighbors have spent hours gathering information to prove the sidewalk is unwarranted. She stated that what is warranted is a crosswalk at the sidewalk on 72nd crossing to the existing sidewalk on the east side of West Palmer Lake Drive. She asked if the City is only considering the safe routes to school for children in a small radius around the school. She stated that the current crossing route is a safe method and there is no safety issue with the existing sidewalk configuration. She stated that the new sidewalk would not be used. She asked the City Council to consider the impact the sidewalk would have on residents with the loss of 10 feet of off-street parking. She stated that the City's use of the land seems unwarranted. She stated that she has sent two previous letters expressing fear of student safety with the proposed sidewalk changes. She stated that if the limited sidewalk is being proposed because there is money, that doesn't mean that what is proposed is the right thing to do. June Paschke, 7213 West Palmer Lake Drive N, went over the actual count, taken by residents on October 30, 2015. The a.m. Woodbine count was one walker; 85 cars and 11 buses; the a.m. Palmer Lake Drive count was one walker; 45 cars; and 5 buses. Mayor Willson confirmed that there were two children walking from Woodbine and Palmer Lake Drive. Ms. Paschke also mentioned that on October 30th, there were three cars per minute going into the school and this would make it difficult for children to cross the street. She described circumstances in 1968 when there were 1,000 students at Palmer Lake School and more students walked to school. She also asked about the professional landscaping and trees on her property that will be affected. Mayor Willson stated that the City will work with her on the trees if they are not in the right-of- way, and he would have to see a picture or have staff look into it. 12/14/15 -7- DRAFT Chou Xiong, 7219 Palmer Lake Drive W, spoke about the proposed sidewalk. He stated that he attended Palmer Lake Elementary and has lived in the area for quite a while. He stated that the existing crosswalk is hectic and dangerous, and it takes a while for students to cross. He questioned why the proposed sidewalk would not go further and stated that the proposed sidewalk raises a concern for neighborhood security. He stated there hasn't been a problem with the existing route and that he has seen the neighbors' statistics and he does agree that the sidewalk would be an intrusion to their property. Mayor Willson asked how it would be an intrusion. Mr. Xiong replied that there would be security and privacy issues. Mayor Willson stated that it is a right-of-way that is part of the street and is City property. Mr. Xiong stated the area is heavily congested with traffic and he doesn't believe the proposed sidewalk is needed for just two students to go to and from school. Mayor Willson stated that ten years from now there could be more students, and the City is looking at the long-term. Mari Morin, 7019 Drew Ave N, stated that she is happy that the trails are being worked on and asked about the typical street width in Brooklyn Center. Mr. Albers responded that the existing width varies but the average is 27 to 29 feet. Ms. Morin stated that she is concerned about service vehicles if the streets are being narrowed in conjunction with the amount of vehicles currently parking on the street. She asked if the streets would look like the ones by the cemetery. Mr. Boganey stated that the streets would be similar if not identical to those by the cemetery. Ann Koehler, 6930 Ewing Ave N, stated she is concerned about getting in and out during construction and asked if residents will have to park other places during construction. She stated she is concerned about being susceptible to water and utility outages and cracks in foundations with the heavy machinery. Mayor Willson stated that parking will need to be coordinated with the people doing the work; utilities should not be interrupted other than running water hoses to outside faucets when they hook up the utility water during construction; and his recommendation regarding if foundation cracking is a concern, pictures should be taken before construction starts. Lorelle Neu, 7036 Drew Ave N, stated her recommendation is to change the 90 degree curbside to 45 degrees to help spread the street. This would also help to address the issue of neighbors having a lot of guests parking on the street. Mayor Willson stated that this could be talked about, but the City does have a standard. 12/14/15 -8- DRAFT Mr. Lillehaug stated that the alternative type of curve is called mountable or surmountable curb and is designed for new neighborhoods and new homes when they don't know where the driveway is going to be. The city has historically used a six inch vertical curb and has 30-foot wide streets. Mayor Willson stated that he would hate to change from what has been done in the rest of the City. Councilmember Myszkowski moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves stated that she thinks the sidewalk does not look right because it stops and might as well go all the way down. She doesn't think it would be that difficult for the walkers without the sidewalk, but there is definitely a need for more crosswalks, lights, or a school patrol. She agrees with residents regarding the length of the sidewalk and understands why it may be needed but is unsure about the necessity of it. Councilmember Ryan stated he would like to hear more about safety measures at the intersections. He displayed safety signage received in their Council packets and stated that he would like to see some of that signage added to the project to improve the safety of the students. He stated that Ms. Paschke raised an important point that some years before there were lots of students walking, and he believes it is the City Council's job to do things on a cost effective basis to make passage to school safer for any number of students. He stated that getting pedestrians out of the roadway is essential to enhancing pedestrian safety. He feels it is important to address safety measures at those intersections and also consider the impact of the sidewalk. He asked for staffs comments. Mr. Lillehaug reported on the sidewalk background. He referenced the goal of the City to make walking and biking to and from school safe and convenient through a combination of programming and infrastructure approaches. He talked about trying to eliminate mid-block crosswalks because they are the least safe crosswalks. Staff is proposing to put crosswalk signage at each crosswalk and adding new crossing walks; trying to improve the gap to improve safety; and encourage students to walk to school and have a safer route to school. Councilmember Ryan commented on the effect of the 63 Avenue reconstruction on his property because of the increase in traffic during peak hours. He stated he wouldn't want anybody walking in the street during peak times and confirmed that the proposed sidewalk wouldn't affect the assessment rate. Mr. Lillehaug confirmed that the proposed sidewalk would not impact the assessment rate and would be paid for by the street reconstruction fund. Councilmember Myszkowski stated that she is a huge supporter of the Complete Streets Policy in the City. She stated that we want to encourage people to be more active, but recognizes that there are a number of people that drive their children to school. Her hope is that by adding the sidewalk, it would encourage parents to let kids walk to school. She stated that there are no 12/14/15 -9- DRAFT school patrols for most schools, but with proper signage, she believes students would be safe. She stated that the population numbers of schools go up and down and as a Councilmember, she feels it is their responsibility to look forward and create flexibility in the decisions they make. She thanked everyone for coming forward tonight and speaking and making her think more deeply about the issue. Mayor Willson stated that we have to do what we think is right for the City at this point in time. He talked about the 30 year street project and that it may be 30 years before this area is looked at again. He will support the argument for putting in the sidewalk because 30 years from now the area could be filled with students. Councilmember Lawrence-Anderson stated that she will be driving through the area to visualize it. She stated that the area she lives in underwent construction this year and the result was fantastic. She stated that because of the dangerous traffic on 63 d Avenue, her children never walked to Odyssey Academy, but now there are medians and a crosswalk by the school, so she does have faith in this proposal. She stated that many people were disappointed with the ten-foot trail but it does look fantastic. She talked about the changes in her neighborhood over the years and the fact that the City needs to plan for the future. She is very sensitive to the residents' opinion, but the City Council's job is to make Brooklyn Center's future bright and safe for children. Councilmember Ryan stated that he appreciated comments of the Councilmembers and thanked staff for their input. He talked about growing up in Brooklyn Center and people back then could walk in the street. He stated that the City is faced with things changing in the future and he appreciates the effort the residents made to collect the information. He believes there are safety concerns when crossing West Palmer Lake Drive, but there would still be safety issues with or without the sidewalk. He thinks that puffing the sidewalk in is a safety improvement and he will be supporting the resolution for the improvement including the sidewalk. Mayor Willson moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-188 Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2016-01, 02, 03 and 04, Palmer Lake West Area Street, Storm Drainage and Utility Improvements Motion passed unanimously. 8b. RESOLUTION NO. 2015-189 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2016-01 AND 2016-02, PALMER LAKE PARK AREA STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS City Manager Curt Boganey recommended that the public hearing be opened. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to open the Public Hearing. 12/14/15 -10- DRAFT Motion passed unanimously. Sharon Carlson, 3609 Violet Avenue, stated she recognizes that the house and sewer system is old. She stated that she received the notice for the October 27th meeting three days before the meeting and she was upset by that. She realizes that the systems need repair, but coming up with the assessment money will be incredibly difficult for her as a single homeowner. She would like to see more payment plan options. She asked how much extra the four percent interest rate adds to the assessment. Mayor Willson stated that he is not aware of anyone that borrows money without interest. Ms. Carlson stated that because she has no choice with regard to the assessment, there should be better payment plan options. Councilmember Ryan pointed out the net interest cost and stated that he appreciated the impact on residents, but the City does not assess for the whole amount of the project and four percent is a good interest rate. He appreciates that this is a big hit, and he would like to explore other payment options. He stated that the only other option is to do nothing until the system fails. Ms. Carlson stated she wished there was an easier way to pay for it without it costing extra money. Councilmember Ryan stated that it hurts but it is the best way to solve a really tough set of problems that every city has to address. Wendy Larson, 7007 Drew Ave. N, stated that she is a single homeowner who is wondering how she will be able to afford her home if this assessment is added to her mortgage. She stated that she is concerned about payments and what options may be available. She asked if this assessment was going to add to foreclosures because people can't afford the payments. Mayor Willson stated that the City has to provide water and sewer services to the City. If it does nothing and the water and sewage services fail, it will be much more expensive for the City. Mr. Boganey went over three payment options for property owners and noted the anticipated increase in property value when the improvements are made. Councilmember Graves asked about the first option of paying in full and asked if it could be paid incrementally. Mr. Boganey stated that partial prepayments cannot be accepted. Discussion took place regarding the payment options; estimated and actual assessment amounts; the CPI index; and concrete driveway aprons. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Public Hearing. 12/14/15 -11- DRAFT Motion passed unanimously. Councilmember Graves moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-189 Certifying Special Assessments for Improvement Project Nos. 2016-01 and 2016-02, Palmer Lake Park Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Motion passed unanimously. 9.PLANNING COMMISSION ITEMS None 10.COUNCIL CONSIDERATION ITEMS lOa. MAYORAL REAPPOINTMENTS TO CITY ADVISORY COMMISSIONS Councilmember Myszkowski moved and Councilmember Ryan seconded to ratify the following Mayoral Reappointments to City Advisory Commissions: Financial Commission - term to expire 12/31/2018 Dean Van Der Werf Housing Commission - term to expire 12/31/2018 LeRoy Houston Park and Recreation Commission - term to expire 12/31/2018 Thomas Shinnick Planning Commission - term to expire 12/31/2017 Alejandro Koenig Carlos Morgan Rochelle Sweeney NW Hennepin Human Services Council Advisory Commission - term to expire 12/31/2017 Sharon Kephart NW Suburbs Cable Communications Commission - term to expire 12/31/2016 Rex Newman Motion passed unanimously. lOb. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process that will be used to consider Type IV 6-Month 12/14/15 -12- DRAFT 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 1 0a4. lOal. 5730 JAMES AVENUE NORTH 10a2. 3900 62ND AVENUE NORTH 100. 6342 JUNE AVENUE NORTH 10a4. 5728 LOGAN AVENUE NORTH Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 5730 James Avenue North; 3900 62nd Avenue North; 6342 June Avenue North; and, 5728 Logan Avenue North. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • November 24, 2015: MAC Meeting at Brooklyn Center Police Department • November 28, 2015: Lions Club Bell Ringing for the Salvation Army at Cub • December 1, 2015: Annual Appreciation Dinner for Neighborhood Watch Captains • December 2, 2015: Brooklyn Center Lions Club Meeting at Cross of Glory Church to Present Award to CEAP Quilters • December 4, 2015: CEAP Holiday Event • December 6, 2015: Holly Sunday Event • December 7, 2015: City Council Budget Hearing and Special Meeting • December 8, 2015: Served Lunch at Evergreen Elementary • December 11, 2015: Metro Cities Meeting Councilmember Ryan wished happy holidays and a prosperous new year. Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • December 4, 2015: CEAP Holiday Event • December 6, 2015: Holly Sunday Event • December 7, 2015: City Council Budget Hearing and Special Meeting Councilmember Myszkowski wished constituents, staff and colleagues a happy holiday and a happy new year. Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: 12/14/15 -13- DRAFT • December 1, 2015: Annual Appreciation Dinner for Neighborhood Watch Captains • December 2, 2015: Odyssey Academy Board Meeting • December 4, 2015: CEAP Holiday Event • December 7, 2015: Unable to Attend the City Council Budget Hearing and Special Meeting Councilmember Lawrence-Anderson conveyed warm wishes for a healthy and happy holiday season and a great 2016. Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • December 4, 2015: NW Community Building Holiday Celebration Event • December 7, 2015: City Council Budget Hearing and Special Meeting • December 8, 2015: Co-chaired the Northside Youth Collaborative Meeting • December 10, 2015: Brooklyn Center High School Dance Concert • December 10, 2015: Art Showcase at Birch Grove Elementary School Councilmember Graves reported that she had been invited to apply for a Clean Energy and Environmental Justice Policy Academy that will be held in February in Denver. She will keep Councilmembers posted. Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • December 6, 2015: Holly Sunday Event • December 7, 2015: City Council Budget Hearing and Special Meeting 12. ADJOURNMENT Councilmember Graves moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 9:15 p.m. Motion passed unanimously. 12/14/15 -14- DRAFT City Council Agenda Item No. 6b [EI1SIII I fl I I k'A U'A i ai (IJ ftti1 DATE: January 5, 2016 TO: Curt Boganey, City Manager FROM: Rozlyn Tousignant, Deputy City Cl ok' SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on January 11,2016. 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 Target GASOLINE SERVICE STATION Boulevard Enterprises Inc. MECHANICAL Hillside Heating and Air, LLC Minnesota Heating & Air PUBLIC DANCE Jammin Wings, LLC RENTAL See attached report. SECOND HAND GOODS DEALER GameStop, Inc. 6100 Shingle Creek Parkway 5300 Dupont Ave N 15175 79th Street NE, Otsego 1070193 d Ave N, Ste.B, Maple Grove 2590 Freeway Blvd 6068 Shingle Creek Parkway Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust EOiIJ(iJ I V M LA I I'A 0) 1I I1IJYA I 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+ -units 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 Gieater than L-5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 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 umts 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 umts 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. Mission: Ensuring an attractive, clean, safe, inclusive COIWUW1IIY that enhances the quality of life for all people and preserves the public trust CD 0 U, 0 a) -o CD 0CU, C-)CD CD 0CD ** I- CD CD -DCD wCD 01) CCDa- •0CD -DCD CD C-) -Ti(I' C)0) U) 0 VTCD C)CD -h0 CD CD a) C--. 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U)U)--.. Ui NJ -.T-.. FT C cc a) CD C C 2.CC)0 ..2. — CDCD 0=====-===-=-===-==-=== CD b .J bU)bUi z *0 0 0 0 0 0 FT 0 0 0 0 0 0 0 0 0 0 0 U)U)CD 2. Hr-rn-<D CD====-==-=-==-==-=CD —Ln =_==-=======0 0 CD(D5.0C* U) CC 0000000000 0000 0 0 0 0 0 0 0 07':7':7':7':7':7':S 7':-. -. U) 0. HC 0000000000 0000 0 0 0 0 0 0 0 00a) 7':7':7':7':7':7':7':7':7':7 ':7':7':7':7':7':7':7':7':7':7':7':U) IHHIIHHIII lI City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 44w4wdV( DATE: January 4, 2016 SUBJECT: Resolution Designating Official Newspaper Recommendation: It is recommended that the City Council consider adoption of a Resolution Designating Official Newspaper. Background: Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circulation in the City as its official newspaper in which the City will publish ordinances, bids, public hearing notices, advertising for proposals, assessments, bonds, financial reports, and other matters as required by law. Sun Media has once again requested that the City Council consider designating Brooklyn Center Sun-Post to be the official newspaper for 2016. Brooklyn Center Sun-Post meets all necessary requirements of a qualified newspaper. The rate structure for 2016 is $11.50 per column inch (9 lines per inch = $1.28 per line). The circulation of the Sun-Post is 6,989 newspapers. Another alternative for the City Council to consider is the Minneapolis Star Tribune. It meets the requirements of a qualified newspaper, with circulation at zip code 55430 at 3,318 households and 55429 at 3,839 households for December 2015. The rate structure for 2016 is $5.60 per line. Attachments: Resolution Designating Official Newspaper Sun Media Rate and Circulation Letter and Audit Report Minnesota Statutes Chapter 33 1A Budget Issues: The 2016 budget includes $7,000 for legal publications. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun-Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun-Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun-Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 2016. January 11, 2016 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. :fl December 2015 City of Brooklyn Center City Council 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear City Council Members: Please accept the following bid from the Brooklyn Center Sun-Post for legal newspaper designation for the City of Brooklyn Center. This newspaper is qualified by the State of Minnesota as a legal news- paper under Minnesota Statutes Section 331A.02, Subd. 1. The following rate structure for legals is effective January 1, 2016: First insertion: $11.50 per column inch Subsequent insertions: $6.25 per column inch Characters per inch: 320 Lines per inch: 9 A notarized affidavit will be provided for each notice published. Additional affidavits are $2.50 each. A $20.00 charge will be assessed on legal notices that require typing. All published legal notices are posted on the Sun-Post website at no additional charge. The Sun-Post is published weekly on Thursdays. The deadline is 2:00 p.m. on Thursday for publication the following Thursday. Please email legal notices to sunlegals@ecm-inc.com . Thank you for considering the Sun-Post as the official newspaper for the City of Brooklyn Center for the upcoming year. We appreciate the opportunity to serve the needs of your community. Sincerely, Michael Jetchick Sales Manager 10917 VALLEY VIEW ROAD, EDEN PRAIRIE, MN 55344 • 952-846-2019 • POST.MNSUN.COM AUDIT REPORT For the 12-month period ending Sept. 24, 2015 BROOKLYN CENTER SUN°POST ECM Publishers, Inc. Hennepin County, Minnesota Published Weekly: Thursday PUBLISHER'S STATED PUBLISHING AND CIRCULATION POLICY Policy Is to publish weekly com- munity newspapers. Advertising is sold separately or in any combina- tion with ECM Publishers, Inc. Circulation policy Is to home deliver single copies to a defined portion of households within Hen- nepin, Dakota, Anoka, Carver, and Ramsey counties. Bulk deliveries (five or more copies) delivered to public buildings and limited retail locations. AVERAGE CIRCULATION, DISTRIBUTION AND NET PRESS RUN A. Paid circulation 1)Mail subscriptions ........9 2)Net retail sates (store, newsstand, rack, and counter .............0 3) Voluntary/optional paid circulation ....... ....... 57 Total paid circulation 66 B. Unpaid circulation I) Carrier single copies......6879 2)Unpaid residential bulk.......0 3)Unpaid eon-residential bulk.....................44 Total unpaid circulation 6923 Total paid and unpaid circulation (sum of A & B)6999 PUBLISHER'S BREAKDOWN OF TOTAL CIRCULATION FOR THE SINGLE ISSUE OF: BROOKLYN CENTER SUNePOST THURSDAY, Sept. 24,2015 A.Paid mailed circulation.......8 B.Net retail sales (store, newsstand, rack, and counter ...............0 C.Voluntary/optional paid circulation. . .............. 48 D.Unpaid carrier...........6888 E.Bulk....................190 F.Total distribution (sum of A, B, C,D&E) 7135 Audit statement... We have examined the records of the publication(s) for the period stated. Our examination was made in ac- cordance with the Corporation's bylaws, rules and regulations, and auditing standards, and accord- ingly, included such tests of the accounting and circulation records and such auditing procedures as we considered necessary in the circumstances. In our opin- ion, this report presents fairly the circulation of the publication(s) of the period indicated. Certified Audit of Circulation 155 Willowbrook Stud. Wayne, N.J. 07470Telephone: 973-785-3000 cacmcertifiedaudit.com PROOF OF PUBLICATION and STATEMENT OF OWNERSHIP Name and address of publication: Sun-Post 10917 Valley View Road Eden Prairie, MN 55344 Name of personnel: General Manager: Mark Weber Director of News: Keith Anderson Number of issues printed each year: 52 Name and address of publishing company if different: ECM Publishers, Inc. 10917 Valley View Road Eden Prairie MN 55344 Name of shareholders, bondholders and/or mortgages: ECM Publishers Inc. 4095 Coon Rapids Blvd Coon Rapids, MN 55433 MINNESOTA STATUTES 2015 331A.01 CHAPTER 331A QUALIFIED NEWSPAPERS 331A.01 DEFINITIONS.331A.07 AFFIDAVIT OF PUBLICATION. 331A.02 REQUIREMENTS FOR A QUALIFIED 331A.08 COMPUTATION OF TIME. NEWSPAPER.331A.09 PUBLICATION ON SUNDAY OR HOLIDAY. 331A.03 WHERE NOTICE PUBLISHED.33 IA. 10 CHANGE OF NAME OR DISCONTINUANCE OF 331A.04 DESIGNATION OF A NEWSPAPER FOR NEWSPAPER. OFFICIAL PUBLICATIONS.331.11 APPLICATION. 331A.05 FORM OF PUBLIC NOTICES.331A.12 WEB SITE ADVERTISEMENT FOR TRANSPORTATION PROJECT BIDS. 331A.06 RATES FOR PUBLICATION. 331A.01 DEFINITIONS. Subdivision 1. Scope. As used in sections 331A.01 to 331A.11, the terms defined have the meanings given them except as otherwise expressly provided or indicated by the context. Subd. 2. Known office of issue. "Known office of issue" means the newspaper's principal office devoted primarily to business related to the newspaper, whether or not printing or any other operations of the newspaper are conducted at or from the office. A newspaper may have only one known office of issue. Subd. 3. Political subdivision. "Political subdivision" means a county, municipality, school district, or any other local political subdivision or local or area district, commission, board, or authority. Subd. 4. Municipality. "Municipality" means a home rule charter or statutory city or town. Subd. S. [Repealed, 2004 c 182 s 33] Subd. 6. Proceedings. "Proceedings" means the substance of all official actions taken by the governing body of a political subdivision at any regular or special meeting, and at minimum includes the subject matter of a motion, the persons making and seconding a motion, the roll call vote on a motion, the character of resolutions or ordinances offered, including a brief description of their subject matter, and whether defeated or adopted. Subd. 7. Public notice. "Public notice" means every notice required or authorized by law or by order of a court to be published by a qualified newspaper, and includes: (1)every publication of laws, ordinances, resolutions, financial information, and proceedings intended to give notice in a particular area; (2)every notice and certificate of election, facsimile ballot, notice of referendum, notice of public hearing before a governmental body, and notice of meetings of private and public bodies required by law; (3)every summons, order, citation, notice of sale or other notice which is intended to inform a person that the person may or shall do an act or exercise a right within a designated period or upon or by a designated date; and (4)this subdivision contains no independent requirement for the publication of any public notice. Copyright 0 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 331A.01 MINNESOTA STATUTES 2015 Subd. 8. Qualified newspaper. "Qualified newspaper" means a newspaper which complies with all of the provisions of section 33 1A.02. The following terms, when found in laws referring to the publication of a public notice, shall be taken to mean a qualified newspaper: "qualified legal newspaper," "legal newspaper," "official newspaper," "newspaper," and "medium of official and legal publication." Subd. 9. Secondary office. "Secondary office" means an office established by a newspaper in a community other than that in which its known office of issue is located, in the same or an adjoining county, open on a regular basis to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office. Subd. 10. Summary. "Summary" means an accurate and intelligible abstract or synopsis of the essential elements of proceedings, ordinances, resolutions, financial statements, and other official actions. It shall be written in a clear and coherent manner, and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a designated location or by standard or electronic mail. A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized had been published. No liability shall be asserted against a political subdivision in connection with the publication of a summary or agenda. Subd. 11. Recognized industry trade journal. "Recognized industry trade journal" means a printed or digital publication or Web site that contains building and construction news of interest to contractors in this state, or that publishes project advertisements and bids for review by contractors or other interested bidders in its regular course of business. History: 1984 c 543 s 20; 1986 c 444; 2004 c 182 s 3-7; 2013 c 46 s 1 331A.02 REQUIREMENTS FOR A QUALIFIED NEWSPAPER. Subdivision 1. Qualification. No newspaper in this state shall be entitled to any compensation or fee for publishing any public notice unless it is a qualified newspaper. A newspaper that is not qualified must inform a public body that presents a public notice for publication that it is not qualified. To be qualified, a newspaper shall: (a)be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches, or 800 square inches if the political subdivision the newspaper purports to serve has a population of under 1,300 and the newspaper does not receive a public subsidy; (b)if a daily, be distributed at least five days each week. If not a daily, the newspaper may be distributed twice a month with respect to the publishing of government public notices. In any week in which a legal holiday is included, not more than four issues of a daily paper are necessary; (c)in at least half of its issues each year, have no more than 75 percent of its printed space comprised of advertising material and paid public notices. In all of its issues each year, have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the community which it purpolts to serve. Not more than 25 percent of its total nonadvertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news services; (d)be circulated in the political subdivision which it purports to serve, and either have at least 400 copies regularly delivered to paying subscribers, or 250 copies delivered to paying subscribers if the political sub- Copyright © 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2015 331A.02 division it purports to serve has a population of under 1,300, or have at least 400 copies regularly distributed without charge to local residents, or 250 copies distributed without charge to local residents if the political subdivision it purports to serve has a population of under 1,300; (e)have its known office of issue established in either the county in which lies, in whole or in part, the political subdivision which the newspaper purports to serve, or in an adjoining county; (f)file a copy of each issue immediately with the State Historical Society; (g)be made available at single or subscription prices to any person or entity requesting the newspaper and making the applicable payment, or be distributed without charge to local residents; (h)have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i)between September 1 and December 31 of each year publish a sworn United States Post Office periodicals-class statement of ownership and circulation or a statement of ownership and circulation verified by a recognized independent circulation auditing agency covering a period of at least one year ending no earlier than the June 30 preceding the publication deadline. When publication occurs after December 31 and before July 1, qualification shall be effective from the date of the filing described in paragraph (j) through December 31 of that year; and (j)after publication, submit to the secretary of state by December 31 a filing containing the newspaper's name, address of its known office of issue, telephone number, and a statement that it has complied with all of the requirements of this section. The filing must be accompanied by a fee of $25. The secretary of state shall make available for public inspection a list of newspapers that have filed. Acceptance of a filing does not constitute a guarantee by the state that any other qualification has been met. Subd. 2. [Repealed, 2004 c 182 s 33] Subd. 3. Publication; suspension; changes. The following circumstances shall not affect the quali- fication of a newspaper, invalidate an otherwise valid publication, or invalidate a designation as official newspaper. (a)Suspension of publication for a period of not more than three consecutive months resulting from the destruction of its known office of issue, equipment, or other facility by the elements, unforeseen accident, or acts of God or by reason of a labor dispute. (b)The consolidation of one newspaper with another published in the same county, or a change in its name or ownership, or a temporary change in its known office of issue. (c) Change of the day of publication, the frequency of publication, or the change of the known office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to maintain its known office of issue in the county, shall deprive a newspaper of its standing as a qualified newspaper until it again becomes qualified pursuant to subdivision 1. Subd. 4. Declaratory judgment of legality. A person interested in a newspaper's qualification under this section may petition the district court in the county in which the newspaper has its known office of issue for a declaratory judgment to determine whether the newspaper is qualified. Unless filed by the publisher, the petition and summons shall be served on the publisher as in other civil actions. Service in other cases Copyright © 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 331A.02 MINNESOTA STATUTES 2015 shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after ajudgment that it is qualified but before the judgment is vacated or set aside shall be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act and the Rules of Civil Procedure shall apply to the action. Subd. 5. Posting notices on Web site. If, in the normal course of its business, a qualified newspaper maintains a Web site, then as a condition of accepting and publishing public notices, the newspaper must agree to post all the notices on its Web site at no additional cost. The notice must remain on the Web site during the notice's full publication period. Failure to post or maintain a public notice on the newspaper's Web site does not affect the validity of the public notice. History: 1984 c 543 s 21; 1985 c 174 s 1; lSp1985 c 13 s 315; 1987 c 30 s 1; 1987 c 286 s 1; 1988 c 682s42; 1990c395s 1; 1991 c205s 17; 1997c137s 13; 2001 c38s 1; 2004 c182s8-11; 2009c152s5 331A.03 WHERE NOTICE PUBLISHED. Subdivision 1. Generally. Except as provided in subdivision 2, a public notice shall be published in a qualified newspaper, and except as otherwise provided by law, in one that is likely to give notice in the affected area or to whom it is directed. When a statute or other law requires publication in a newspaper located in a designated political subdivision or area and no qualified newspaper is located there, publication shall be made in a qualified newspaper likely to give notice unless the particular statute or law expressly provides otherwise. If no qualified newspaper exists, then publication is not required. Subd. 2. Exception; certain cities of the fourth class. A public notice required to be published by a statutory or home rule charter city of the fourth class located in the metropolitan area defined in section 473.121, subdivision 2, is not required to be published in a qualified newspaper if there is no qualified nondaily newspaper of general circulation in the city, provided the notice is printed in a newsletter or similar printed means of giving notice that is prepared by the city and either mailed or delivered to each household in the city. Subd. 3. Alternative dissemination of bids and requests. (a) In addition to or as an alternative to the statutory requirements for newspaper publication, a political subdivision may disseminate solicitations of bids, requests for information, and requests for proposals by a means authorized in paragraph (b), if the political subdivision simultaneously publishes, either as part of the minutes of a regular meeting of the governing body or in a separate notice published in the official newspaper, a description of all solicitations or requests so disseminated, along with the means by which the dissemination occurred. (b)A political subdivision may use its Web site or recognized industry trade journals as an alternative means of dissemination. A dissemination by alternative means must be in substantially the same format and for the same period of time as a publication required by this chapter. (c)For the first six months after a political subdivision designates an alternative means of dissemination, it must continue to publish solicitation of bids, requests for information, and requests for proposals in the official newspaper in addition to the alternative method. The publication in the official newspaper must indicate where to find the designated alternative method. After the expiration of the six-month period, an alternative means of dissemination satisfies the publication requirements of law for solicitation of bids, requests for information, and requests for proposals. History: 1984 c 543 s 22; 1991 c 53 s 1; 2004 c 182 s 12,13 Copyright © 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2015 331A.04 331A.04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL PUBLICATIONS. Subdivision 1. Priority. The governing body of a political subdivision, when authorized or required by statute or charter to designate a newspaper for publication of its public notices, shall designate a qualified newspaper in the following priority. Subd. 2. Known office in locality. If there are one or more qualified newspapers, the known office of issue of which are located within the political. subdivision, one of them shall be designated. Subd. 3. Secondary office in locality. When no qualified newspaper has a known office of issue located in the political subdivision, but one or more qualified newspapers maintain a secondary office there, one of them shall be designated. Subd. 4. General circulation in locality. When no qualified newspaper has its known office of issue or a secondary office located within the political subdivision, then a qualified newspaper of general circulation there shall be designated. Subd. 5. Other situations. If a political subdivision is without an official newspaper, or if the publisher refuses to publish a particular public notice, matters required to be published shall be published in a newspaper designated as provided in subdivision 4. The governing body of a political subdivision with territory in two or more counties may, if deemed in the public interest, designate a separate qualified newspaper for each county. Subd. 6. Exception to designation priority. (a) Notwithstanding subdivisions 1 to 3, the governing body of a political subdivision may designate any newspaper for publication of its official proceedings and public notices, if the following conditions are met: (1)the newspaper is a qualified medium of official and legal publication;. (2)the publisher of the newspaper furnishes a sworn statement, verified by a recognized independent circulation auditing agency, covering a period of at least one year ending no earlier than 60 days before designation of the newspaper, stating that the newspapers circulation reaches not fewer than 75 percent of the households within the political subdivision; (3)the newspaper has provided regular coverage of the proceedings of the governing body of the political subdivision and will continue to do so; and (4)the governing body votes unanimously to designate the newspaper. (b) If the circulation of a newspaper designated under this subdivision falls below 75 percent of the households within the political subdivision at any time within the term of its designation as official newspaper, its qualification to publish public notices for the political subdivision terminates. Subd. 7. Joint bidding. A bid submittedjointly by two or more newspapers for the publication of public notices must not be considered anticompetitive or otherwise unlawful if the following conditions are met: (1)all of the qualified newspapers in the political subdivision participate in the joint bid; (2)the existence of the joint bid arrangement is disclosed to the governing body of the political sub- division before or at the time of submission of the joint bid; and Copyright 0 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 331AM4 MINNESOTA STATUTES 2015 (3) the board is free to reject the joint bid and, if it does, individual qualified newspapers do not refuse to submit separate bids owing to the rejection of the joint bid. History: 1984 c 543 s 23; 2003 c 59 s 1; 2004 c 182 s 14 331A.05 FORM OF PUBLIC NOTICES. Subdivision 1. English language. All public notices shall be printed or otherwise disseminated in the English language. Subd. 2. Time of notice. Unless otherwise specified by law, or by order of a court, publication of a public notice shall be as follows: (a)the notice shall be published once; (b)if the notice is intended to inform the public about a future event, the last publication shall occur not more than 30 days and not less than seven days before the event; (c) if the notice is intended to inform the public about a past action or event, the last publication shall occur not more than 45 days after occurrence of the action or event. Subd. 3. Type face. Except as otherwise directed by a particular statute requiring publication of a public notice or by order of a court, a public notice shall be printed in a type face no smaller than six point with a lowercase alphabet of at least 90 points. Larger type faces may be used. Subd. 4. Title or caption. Every public notice shall include a bold face title or caption in a body type no smaller than brevier or eight point referring to the content of the notice. Larger type faces may be used. Subd. 5. Local options. The governing body of a political subdivision may, to better inform the public, increase the frequency of publication of a public notice beyond the minimum required by a particular statute. It may use forms and styles for the notice as it deems appropriate, including the use of display advertisements and graphics. In addition to publication in the newspaper required to be designated under section 33 1A.04, it may publish or disseminate the notice in other newspapers and by means of standard and electronic mail. Regardless of whether a particular statute specifies "legal notice," 'public notice," "notice," or uses similar terms, the governing body may use whatever form for the published notice that it deems appropriate in order to adequately inform the public, subject to the requirements of sections 33 1A.0 1 to 331.11. Nothing in the foregoing provisions of this subdivision shall require the governing body of a political subdivision to use the options described. Subd. 6. Conflict of laws. Nothing in this section shall invalidate or affect any statutory or charter provision imposing additional or special qualifications for publication of particular notices or proceedings. Subd. 7. Errors in publication. If through no fault of the political subdivision, an error occurs in the publication of a public notice, the error shall have no effect on the validity of the event, action, or proceeding to which the public notice relates. Subd. 8. Notice regarding published summaries. If a political subdivision elects to publish a summary of the political subdivision's financial statement or proceedings as authorized by other law, it must include with the published summary a notice stating that a copy of the full version of the financial statement or proceedings other than attachments to the minutes is available without cost at the offices of the political subdivision or by means of standard or electronic mail. History: 1984 c 543 s 24; 1997 c 56 s 1; 2004 c 182 s 15-19; 2008 c 154 art 10 s 4 Copyright 0 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2015 331A.08 331A.06 RATES FOR PUBLICATION. Subdivision 1. Maximum rate. The maximum rate charged for publication of a public notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears, and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. Subd, 2. Rate increases. Notwithstanding subdivision 1, no newspaper may increase its rates for pub- lication of public notices by more than ten percent per year, as compared to the maximum rate actually charged by the newspaper in the previous year for publication of public notices, and in any case the new rate shall not exceed the rate described in subdivision 1. Nothing in this section shall be interpreted to mean that such an increase is required. Subd. 3. Rate from competitive bidding. When the governing board of a political subdivision awards a contract for the publication of public notices based on competitive bidding, the rate established by the competitive bidding shall be the rate charged for publication of the public notices. Subd. 4. Publication at legal rate. When a statute refers to publication of a public notice at the legal rate the maximum rate shall be as provided in this section. Subd. 5. Multiyear publication contracts. Notwithstanding other law, a political subdivision may enter into multiyear contracts with a qualified newspaper for publication of the political subdivision's public notices. No multiyear contract may be for a term longer than three years. History: 1984 c 543 s 25; 1985 c 174 s 2; 1994 c 465 art s 18; 2004 c 182 s 20,21 331A.07 AFFIDAVIT OF PUBLICATION. No compensation shall be recoverable for publishing a public notice in any newspaper unless the bill is accompanied by an affidavit of the publisher of the newspaper or the publisher's designated agent, having knowledge of the facts, stating that the newspaper has complied with all the requirements to constitute a qualified newspaper. The affidavit must set forth the dates of the month and year and the day of the week upon which the public notice was published in the newspaper. The affidavit must also include the publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to section 331A.06. History: 1984 c 543 s 26; 1993 c 48 s 7, 2004 c 182 s 22 331A.08 COMPUTATION OF TIME. Subdivision 1. Time for publication. The time for publication of public notices shall be computed to exclude the first day of publication and include the day on which the act or event, of which notice is given, is to happen or which completes the full period required for publication. Subd. 2. Time for act or proceeding. The time within which an act is to be done or proceeding had or taken, as prescribed by the rules of procedure, shall be computed by excluding the first day and including the last. If the last day is Sunday or a legal holiday the party shall have the next secular day in which to do the act or take the proceeding. Subd. 3. Publication of proceedings. Notwithstanding other statutory publication requirements, if the governing body of a political subdivision conducts regular meetings not more than once every 30 days, Copyright © 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 331A.08 MINNESOTA STATUTES 2015 the governing body need not publish the meeting minutes in the official newspaper until ten days after the proceedings have been approved by the governing body. History: 1984 c 543 s 27; 2004 c 182 s 23 331A.09 PUBLICATION ON SUNDAY OR HOLIDAY. Any public notice may lawfully be printed in a newspaper published on a Sunday or holiday. Any notice that, by law or the order of any court, is required to be published for any given number of weeks may be published on any day in each week of the term, and if published as many weeks and as many times in each week as required by the law or order, it is a lawful publication. History: 1984 c 543 s 28; 2004 c 182 s 24 331A.10 CHANGE OF NAME OR DISCONTINUANCE OF NEWSPAPER. Subdivision 1. Change of name. When a public notice is required or ordered to be published in a particular newspaper and the name of the newspaper is changed before the publication is completed, the publication shall be made or continued in the newspaper under its new name with the same effect as if the name had not been changed. The proof of the publication, in addition to other requirements, shall state the change of name and specify the period of publication in the newspaper under each name. Subd. 2. Discontinuance. When a newspaper ceases to be published before the publication of a public notice is commenced, or when commenced ceases before the publication is completed, the order for pub- lication, when one is required in the first instance, may be amended by order of the court or judge, to designate another newspaper, as may be necessary. If no order is required in the first instance, publication may be made or completed in any other qualified newspaper. Any time during which the notice is published in the first newspaper shall be calculated as a part of the time required for the publication, proof of which may be made by affidavit of any person acquainted with the facts. History: 1984 c 543 s 29; 2004 c 182 s25 331A.11 APPLICATION. Subdivision 1. Application. Sections 33 1A.0 ito 331.11 apply to all political subdivisions of the state. Subd. 2. Notices excluded. Sections 331A.01 to 331A.11 do not apply to notices required by private agreements or local laws to be published in newspapers, unless they refer expressly or by implication to this chapter or to particular provisions of this chapter. History: 1984 c 543 s 30; 2004 c 182 s 26,27 331A.12 WEB SITE ADVERTISEMENT FOR TRANSPORTATION PROJECT BIDS Subdivision 1. Definitions. (a) The terms defined in this subdivision and section 33 1A.01 apply to this section. (b) "Web site" means a specific, addressable location provided on a server connected to the Internet and hosting World Wide Web pages and other files that are generally accessible on the Internet all or most of the day. Copyright ,,O 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2015 331A.12 Subd. 2. Designation. At the meeting of the governing body of a political subdivision at which the governing body designates its official newspaper for the year, the governing body may designate in the same manner publication of transportation projects on the political subdivisions Web site. Publication on the Web site may be used in place of or in addition to any other required form of publication. Each year after designating publication on the Web site for transpottation projects, the political subdivision must publish, in a qualified newspaper in the jurisdiction and on the Web site, notice that the political subdivision will publish any advertisements for bids on its Web site. Subd. 3. Form, time for publication same. A political subdivision that publishes on its Web site under this section must post the information in substantially the same format and for the same period of time as required for publication in an official newspaper or other print publication. Subd. 4. Record retention. A political subdivision that publishes notice on its Web site under this section must ensure that a permanent record of publication is maintained in a form accessible by the public. History: 1Sp2003 c 19 art 2 s 56, 2014 c 287 s 22 Copyright © 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. City Council Agenda Item No. 6d COUNC]IL ]ITEM MEMORANDUM DATE: January 11, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Depository Resolution Recommendation: It is recommended that the City Council consider adoption of the attached resolution designating depositories for the 2016 fiscal year. Background: At the beginning of each fiscal year, in accordance with Minnesota Statutes 11 8A.02 and City Council Policy 2.22.4.A, the City Council considers a resolution authorizing depositories for City funds. The resolution includes banks with a presence in Brooklyn Center as well as any banks with whom the City deals on a regular basis throughout the year. The attached resolution designates banks which may not currently hold City funds but which may during the fiscal year, become a depository for City funds. Other financial depositories, such as the 4M Funds, are included because we are members of those depositories. Not all investment dealers/brokers are part of the City's current program but are authorized, after filing the appropriate Broker Certification Form, a requirement of Minnesota Statutes 11 8A, to transact business with the City of Brooklyn Center. If the City has no contact or activity with a dealer/broker during the previous fiscal year, that firm is removed not included in the succeeding year's list. All banks, depositories, investment dealers and brokers, with the exception of the Federal Reserve Bank of Minneapolis, are checked for certification by FDIC, SIPC or other certification as required by Minnesota Statutes 11 8A. All of this documentation is reviewed by the City's auditors during the financial statement audit each year. Budget Issues: There is no direct financial impact on the City. Strategic Priorities: o Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive comnuinitj' that enhances the quality oft/fe for all people and preserves the public tilts! Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS WHEREAS, Section 7.01 of the City Charter provides the City Council with authority over City funds that includes the safekeeping and disbursement of public monies; and WHEREAS, Section 7.10 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the City Manager and City Treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1.That US Bank, NA is hereby designated as a depository for funds of the City of Brooklyn Center for operational banking and investment purposes. 2.That the following named bankers and brokers are hereby designated as additional depositories to be used for investment purposes: Federal Reserve Bank of Minneapolis Wells Fargo Bank, N.A. Minnesota Municipal Money Market Fund (4M Fund) Minnesota Municipal Money Market Plus Fund (4M Plus Fund) Minnesota Municipal Money Market Time Series Pools (4M Time Series) Northland Securities Oppenheimer & Co., Inc UBS Financial Services Wells Fargo Advisors, LLC The City Treasurer is hereby authorized to deposit funds in accounts guaranteed by the Federal Deposit Insurance Corporation (FDIC), the Securities Insurance Protection Corporation (SIPC), successors of the FDIC or SIPC or other governmental institutions insuring the safety and liquidity of public monies. Funds deposited with designated depositories in excess of the insurance limits available through FDIC, SIPC or its successor institutions shall be covered by collateral in the form of government securities held in the City's name or other collateral proposed by the institution and approved by the City of not less than 110% of the value of the uninsured deposits. RESOLUTION NO. That the following named clearinghouses for credit card transactions are hereby designated for accepting payments: Signapay of MN, LLC Wells Fargo Merchant Services Elavon Incorporated Active Network Sage Payment Solutions 4.Wells Fargo Institutional Trust Services is hereby designated as the safekeeping depository for investment instruments in the City's investment portfolio and as clearinghouse for the City's investment portfolio transactions. 5.That the City Council authorizes the City Manager, the City Treasurer, or the Deputy City Treasurer to act for the City in all of its business activities with these designated depositories. January 11,2016 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6e COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 4, 2016 SUBJECT: Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, Twin Lakes Joint Powers Organization, and Minneapolis Northwest Convention & Visitors Bureau Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Northwest ( Suburbs Cable Communications Commission, Pets Under Police Security, Twin Lakes Joint Powers Organization, and Minneapolis Northwest Convention & Visitors Bureau. Background: The City of Brooklyn Center has entered into several Joint and Cooperative Agreements with various organizations. I have reviewed each of the joint powers agreements and identified those organizations whose agreements provide that appointment of directors be made by the governing body or by City Council resolution. Some of the agreements require annual appointment, some provide that a director is appointed until succeeded, and some provide that a certain position serve as the representative. A summary of each of the Joint and Cooperative Agreements can be found in Section VII of the City Council Reference Book. A resolution is attached for review and consideration. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION, NORTHWEST HENNEPIIN HUMAN SERVICES COUNCIL, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION, PETS UNDER POLICE SECURITY, TWIN LAKES JOINT POWERS ORGANIZATION, AND MINNEAPOLIS NORTHWEST CONVENTION & VISITORS BUREAU WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of The Brooklyn Bridge Alliance for Youth on November 24, 2008, and Article III, Section 2, of the joint powers agreement states that each party designates two individuals and one alternate to attend the organizational committee meetings, as well as two additional members, one from the City's police department and one from the City's parks and recreation department; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Hennepin Recycling Group on August 1, 1988, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Local Government Information Systems (LOGIS), on May 1, 1972, and Article IV, Section 1, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of the North Metro Mayors Association on June 26, 1989, and the joint powers agreement states that the governing body of a member appoints two directors, one of whom shall be the City Manager or other designee; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Northwest Hennepin Human Services Council on December 8, 1975, and Article IV, Section 3, of the joint powers agreement states that the governing body of a party appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Northwest Suburbs Cable Communications Commission on September 24, 1979, and Article VI, Section 1, of the joint powers agreement states that the City Council of a member appoints commissioners; and RESOLUTION NO. WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Pets Under Police Security (PUPS) on September 10, 1990, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Twin Lakes Joint Powers Organization on January 14, 1991, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the North Metro Convention and Tourism Bureau, now known as Minneapolis Northwest Convention & Visitors Bureau, on September 8, 1986, and Article IV, Section 2, of the bylaws states that each member City may appoint one Director and one Alternate Director to the Board of Directors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved: The Brooklyn Bridge Alliance for Youth, Member Tim Willson The Brooklyn Bridge Alliance for Youth, Alternate Member Dan Ryan The Brooklyn Bridge Alliance for Youth, Police Tim Gannon The Brooklyn Bridge Alliance for Youth, Parks and Recreation Jim Glasoe Hennepin Recycling Group, Director Curt Boganey Hennepin Recycling Group, Alternate Director Jim Glasoe Local Government Information Systems (LOGIS), Director Curt Boganey Local Government Information Systems (LOGIS), Alternate Director Patty Hartwig North Metro Mayors Association, Director - City Manager Curt Boganey North Metro Mayors Association, Director Tim Willson Northwest Hennepin Human Services Council, Director Curt Boganey Northwest Hennepin Human Services Council, Alternate Director Vickie Schleuning Northwest Suburbs Cable Communications Commission, Council Tim Willson Northwest Suburbs Cable Communications Commission, Resident Rex Newman Pets Under Police Security, Director Richard Gabler Pets Under Police Security, Alternate Director Garett Flesland Twin Lakes Joint Powers Organization, Director Tim Gannon Twin Lakes Joint Powers Organization, Alternate Director Tony Gruenig Minneapolis Northwest Convention & Visitors Bureau, Director Tim Willson Minneapolis Northwest Convention & Visitors Bureau, Alternate Director Dan Ryan RESOLUTION NO. January 11, 2016 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6f COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk JWWL+41111,k DATE: January 4, 2016 SUBJECT: Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees. Background: Article V of the Brooklyn Center Firefighters Relief Association Bylaws states, ARTICLE V BOARD OF TRUSTEES 5.1 Composition. The Board of Trustees shall consist of nine (9) members. Six (6) trustees shall be elected from the membership of the relief association. There shall be three (3) officials drawn from the Municipality The three (3) Municipal Trustees must be one (1) elected municipal official and one (1) elected or appointed municipal official who are designated as niunicipcil representatives by the municipal governing board annually and the chief of the municipal fire department. The Municipal Trustees must be designated annually by the city council of the Municipality A resolution is attached for review and consideration. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING MUNICIPAL TRUSTEES TO THE BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION BOARD OF TRUSTEES WHEREAS, Article V of the Brooklyn Center Firefighters Relief Association Bylaws states that the Board of Directors shall consist of three (3) officials drawn from the Municipality; and WHEREAS, the three (3) Municipal Officials must be one (1) elected municipal official and one (1) elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved for 2016: Elected Municipal Official Tim Willson Elected or Appointed Municipal Official Nathan Reinhardt Fire Chief Lee Gatlin January 11, 2016 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6g COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk JIhU( y,ij4_ DATE: January 4, 2016 SUBJECT: Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations Recommendation: It is recommended that the City Council consider adoption of Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations. Background: As part of the City Council's goal of inclusiveness, one of the aspects was to recognize the various ethnic populations and their contributions as well as heritage celebrations. The proposed resolution would implement that Council policy by an inclusive list of celebrations and contributions in one resolution. We have avoided adopting individual resolutions, while wishing to participate in an inclusive fashion in recognizing the various ethnic and heritage celebrations that occur during the year. By adopting this resolution, the City acknowledges these many events that occur throughout the course of the year. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS WHEREAS, the City Council has established a goal to promote the inclusion of all residents in Brooklyn Center's community life by emphasizing opportunities to include all residents in the community's activities and plans; and WHEREAS, the City Council recognizes that its cultural composition has changed significantly over the past two decades, with its ethnic population over half of its total population; and WHEREAS, Brooklyn Center is strengthened by the rich cultural diversity of its people, and welcomes individuals of all races, religions, and cultural backgrounds; and WHEREAS, each individual brings a part of his or her own heritage and over time each heritage becomes part of our common heritage, leading us to become a more united people; and WHEREAS, the City Council recognizes the vital contributions ethnic populations have made to the strength and diversity of our community and recognizes their rich legacy of ingenuity, perseverance, and achievement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following heritage celebrations and all other heritage celebrations reflected in Brooklyn Center's population are recognized for the purpose of encouraging our citizens to learn more about the history of ethnic populations and how they have contributed to the culture and heritage of our community: February March March 25 April 14 May May May 17 (Syttende Mai) June 6 September 15-October 15 October October 6 November African American History Month Irish-American Heritage Month Greek Independence Day Pan American Day Asian/Pacific American Heritage Month Jewish American Heritage Month Norwegian Constitution Day Swedish National Day Hispanic Heritage Month Italian American Heritage Month German-American Day American Indian Heritage Month RESOLUTION NO. January 11, 2016 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. 6h COUNCIL ITEM MEMORANDUM DATE: January 11, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Corporate Resolution Recommendation: It is recommended that the City Council consider adoption of the attached resolution granting the City Manager, Finance Director and Assistant Finance Director the authority to transact financial business matters for the City of Brooklyn Center. Background: Many investment firms require the adoption of a resolution by the corporate board, in this case the City Council, authorizing specific officers to transact financial business involving treasury notes, certificates of deposit and other securities. The attached resolution fulfills that requirement by appointing the City Manager, the Finance Director, who serves as the City Treasurer, and the Assistant Finance Director, who serves as the Deputy City Treasurer, as the officers authorized to transact such business. Budget Issues: There are no budget issues to consider. Strategic Priorities: o Key Infrastructure Investments ]'fission: Ensuring an attractive, clew,, safe, inclusive conu,iu,,it' 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 GRANTING CORPORATE AUTHORITY FOR SIGNING OF CHECKS AND TRANSACTION OF FINANCIAL BUSINESS MATTERS WHEREAS, the City Treasurer must be a signatory to any and all checks issued by the City in payment of obligations of the City; and WHEREAS, specific individuals must be designated by the City Council as authorized to sell, assign and endorse for transfer various financial instruments in the regular conduct of City business. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Cornelius L. Boganey, City Manager, Nathan Reinhardt, Finance Director and Andrew Splinter, Assistant Finance Director, are hereby authorized to sell, assign and endorse for transfer certificates representing treasury notes, bonds, or other securities now registered or hereafter registered in the name of this municipality. January 11, 2016 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. 6i COUNCW I{TEM MEMORANDUM DATE: January 11, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director AL SUBJECT: Statutory Tort Liability Limits Recommendation: It is recommended that the City Council consider approval/adoption of the attached resolution adopting the no waiver option for statutory tort liability insurance. Background: Each year the City must chose whether to waive tort liability limit protections of Minnesota Statutes 466.04 as part of the insurance policy renewal application process. M.S. 466.04 states that the maximum liability for a city for any claim arising after January 1, 2010 is $500,000 with an aggregate maximum of $1,500,000 per incident. In past years the City Council has chosen not to waive the liability limits and the regular premium for insurance has covered all claims. If the City were to waive the limits set by statute, it would be prudent to purchase additional insurance coverage to cover possible higher awards in liability claims. Premiums for such insurance would be approximately $9,000 per year. Budget Issues: The 2016 budget anticipates leaving the no waiver option in place for 2016 and has anticipated insurance premiums based on that no waiver option. Waiving the statutory limits would require that at approximately $9,000 in additional premium costs be allocated for 2016 and in each succeeding year. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, Safe coinniunitv that enhances the quality of life and preserves (lie public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION OPTING NOT TO WAIVE LIMITED TORT LIABILITY FOR 2016 WHEREAS, the City of Brooklyn Center has an option to waive its protection under the tort liability limitation contained in Minnesota Statutes 466.04; and WHEREAS, the statutory tort limit for 2016 is $500,000 per individual with an aggregate of $1,500,000 per incident; and WHEREAS, the City of Brooklyn Center has not opted to waive its rights to limited tort liability in past years and is required to make a declaration of its intention every year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04 for 2016. January 11, 2016 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6j IE$]JJ[iJ I øk'A UYA I 31L!1 (1) 1I I1lJ I DATE: January 11, 2016 TO: Curt Boganey, City M naer FROM: Vickie Schleuning, Assistant City Manager/Director of Building and Community Standards SUBJECT: Resolution Calling for a Public Hearing Regarding Proposed Use of 2016 Urban Hennepin County Community Development Block Grant Funds Recommendation: It is recommended that the City Council consider adoption of the Resolution Calling for a Public Hearing Regarding Proposed Use of 2016 Urban Hennepin County Community Development Block Grant Funds. Background: This agenda item provides for a Public Hearing for the City's annual Community Development Block Grant (CDBG) program. This Public Hearing is required for participation in the CDBG program. If this resolution is adopted, the Public Hearing will be scheduled for February 8, 2016. Brooklyn Center is one of 40 Hennepin County cities participating in the Urban Hennepin County CDBG program. In the program, federal dollars from the Department of Housing and Urban Development (HUD) are allocated to the County and are dispersed to the participating cities on a formula basis. At the time of preparation of this memorandum, the final funding amount for 2016 had not been determined. Hennepin County has directed cities to use 2015 CDBG allocation amounts for consideration for 2016 until the final amount is determined. Therefore, the City of Brooklyn Center should use $258,779 as its preliminary estimate for its 2016 CDBG allocation. ADMINISTRATIVE REQUIREMENTS Pursuant to program requirements, each city receiving a CDBG allocation is limited of up to 15 percent cap on public service projects. Based on the estimated allocation for 2015, continued funding of these programs at the 2015 allocation level of $258,779 would mean that the maximum dollar amount allocated to public service activities may not exceed $38,816.85. Please note that this number will likely change when the 2016 allocation is determined. In addition, the City is not required to allocate any funding to public service projects. PUBLIC HEARING AND HEARING NOTICE A resolution calling for a Public Hearing for the 2016 CDBG program is included with this memorandum. The required Public Hearing Notice has been prepared and includes an allocation for continued funding of neighborhood service projects at the 15% cap, funding for the code Mission: Ensuring an attractive, clean, safe, inclusive community that en/i ances the quality of life for al/people and preserves the public trust EI1IJ[iJ I • I I ah'A u i øii e ii II1IJIYAI enforcement initiative at $150,000 and the remainder of funding for the City's Housing Rehabilitation program. The resolution prepared for City Council consideration with this memorandum, establishes the date of February 8, 2016 as the Public Hearing date for the City's 2016 CDBG program. Hennepin County requires that specific dollar amounts be specified in the hearing notice and that the City's 2016 CDBG program be submitted to Hennepin County by February 26, 2016. The Public Hearing Notice does not commit the City to funding any specific CDBG activity at this time. Further, the CDBG activities and dollar amounts allocated to them can be revised at the Public Hearing on February 8, 2016, or at any time within the 2016 CDBG program year upon conducting a Public Hearing to amend the City's CDBG program. The process to solicit requests for CDBG funding begins in January. Additional background information regarding 2016 CDBG requests for funding, along with staff recommendations, will be submitted with Council packets for the February 8, 2016 Public Hearing. Budget Issues: Since the Federal fiscal year for CDBG operations from July 2016 to December 2017, part of the 2015 CDBG program is reflected in the 2016 Annual City Budget. For accounting and use purposes, the City encourages CDBG recipients to use the funds within the calendar year. The programming of the 2016 CDBG funds for neighborhood revitalization code enforcement is consistent with the City's 2016 approved budget. Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO._________ RESOLUTION CALLING FOR A PUBLIC HEARING REGARDING PROPOSED USE OF 2016 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, Brooklyn Center is one of 40 Hennepin County communities that are members of the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Brooklyn Center has been notified by Hennepin County that its preliminary estimated allocation for the 2016 Urban Hennepin County CDBG Program is $258,779; and WHEREAS, a Public Hearing regarding the proposed use of 2016 Urban Hennepin County Community Development Block Grant funds is a requirement of the CDBG Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1.A Public Hearing regarding the proposed use of 2016 Urban Hennepin County Community Development Block Grant funds will be held at the regularly scheduled Brooklyn Center City Council meeting on February 8, 2016, at approximately 7 p.m. or as soon thereafter as the matter may be heard. 2.Staff is authorized and directed to publish the attached Notice of Public Hearing on the proposed use of 2016 Urban Hennepin County Community Development Block Grant funds in the City's official newspaper not later than ten days prior to February 8, 2016. 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. NOTICE OF PUBLIC HEARING CITY OF BROOKLYN CENTER 2016 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given that the City of Brooklyn Center in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a Public Hearing on February 8, 2016, at 7 p.m. or as soon thereafter as the matter may be heard, at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The Public Hearing is about the housing and community development needs and the City's proposed use of the estimated 2016 Urban Hennepin County Community Development Block Grant Program planning allocation of $258,779. The Public Hearing is being held pursuant to MS 471.59. The City of Brooklyn Center is proposing to undertake the following activities with 2016 Urban Hennepin County CDBG funds starting on or about July 1, 2016, based on appropriations in 2015. Activity Budget Rehab of Private Property $69,963 Public Service Agencies $38,816 Neighborhood Revitalization $150,000 For additional information about the priorities, proposed activities, level of funding and program performance, contact the City of Brooklyn Center at 763-569-3300 or the Hennepin County Housing Department at 612-348-9260. 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. City Council Agenda Item No. 6k COUNCW ITEM MEMORANDUM DATE: January 4, 2016 TO: City Council FROM: Curt Boganey, City Manage SUBJECT: Lease agreement with LOUIS Recommendation: It is recommended that the City Council consider approval/adoption of the proposed resolution to continue leasing approximately 1,000 square feet on the second floor of the Police Building to Local Government Information Systems Association (LOGIS). Background: In 2005 the City entered into a lease agreement with LOUIS to allow for the installation of a data center on the second floor of the Police Building. At the time of this agreement the area leased was surplus storage space. The contract was renegotiated in July of 2011 and the current lease will expire on July 31, 2016. The Police Building's Uninterrupted Power Supply (UPS) is original and over 15 years old. Typical life of a UPS is 10 to 15 years. It has been determined to be best for both the City and LOUIS that the replacement UPS be located in the LOUIS leased space and electrical work be completed that will continue to support both the City and LOGIS's UPS needs. We have negotiated a revised ten-year lease agreement that alters the responsibility from the City to LOUIS for providing the UPS and adjusts the per square foot lease rate from $22 per square foot to $20 per square foot rate to adjust for LOGIS maintaining the UPS for the terms of the agreement. LOUIS will be investing over $50,000 in the UPS and associated electrical work, therefore is proposing a ten-year agreement. The City will pay its share of the purchase of the UPS and their associated electrical work. The UPS will be owned by the City. If approved, the UPS and associated electrical work will be completed in first quarter of 2016. Budget Issues: The 2015 Budget included $32,000 to replace the existing Police Building UPS. Under the proposed UPS infrastructure changes, the City portion to fund their share of the buy-in into the UPS and the associated electrical work is estimated at $15,000. The City has carried forward $15,000 to 2016 in the Technology Fund. A reduction in City operating expenses for the UPS maintenance agreement (annual) and replacement of UPS batteries (every 5-years) over the proposed ten-year agreement is estimated at $59,000. Mission: Ensuring an attractive, clean, safe, inclusive coJiJnhiJiitJ' that enhances the qil(ilitj' of life for all people ainipieserves the public trust k$1IJ[iJ I fl V DI4 Uh'A I Dk'A 0) 1I P1BJ I A reduction in lease revenue (annual), over the proposed ten-year agreement will be $12,000. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves Ilieptiblic trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING LEASE BETWEEN THE CITY OF BROOKLYN CENTER AND LOGIS FOR POLICE BUILDING SPACE WHEREAS, attached to and incorporated herein by reference as Exhibit 1 is a proposed lease between LOGIS and the City of Brooklyn Center for use of approximately 1,000 square feet of space on the second floor of the Police building; and WHEREAS, the terms and conditions set forth in the lease attached hereto as Exhibit 1 appear to be reasonable and proper. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor and City Manager be and hereby are authorized to execute the lease attached hereto as Exhibit 1 on behalf of the City of Brooklyn Center with such finalization of the exact language to be set forth in the Exhibits as are deemed acceptable by the City Manager to finalize the exact descriptions set forth in the Exhibits. January 11, 2016 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. RESOLUTION NO. Exhibit 1 LEASE AGREEMENT This Lease Agreement ("Lease") is made and effective this day of , 2016, by and between LOGIS ("Tenant") and City of Brooklyn Center ("City"). City is the owner of land and improvements commonly known and numbered as: City of Brooklyn Center 6645 Humboldt Avenue North Brooklyn Center, MN 55430 and legally described as follows (the "Building"): City makes available for lease a portion of the Building designated as: Police second floor expansion area, approximately 600 square feet of unfinished building area for the exclusive use as Tenant's computer facility herein (the "Leased Premises") In addition the City will also provide approximately 400 square feet of unfinished building area adjacent to this area for use during emergencies by the Tenant as an emergency operations area herein (the "Emergency Area"). City desires to lease the Leased Premises to Tenant, and Tenant desires to lease the Leased Premises from City for the term, at the rental and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed: 1. Term. A.City hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from City, for a Term" beginning January 12, 2016 and ending December 31, 2025. B.Prior to the end of the this term the City will negotiate in good faith with Tenant for additional lease terms as long as the facility and space are available for lease by the City of Brooklyn Center and requested by Tenant. 2. Rental. Tenant shall pay to City $20.00 a square foot for area defined as Leased Premises per year, payable in 12 monthly installments plus the cost of electrical utilities, to be billed separately to the Lessee. A. Each installment payment shall be due in advance on the first day of each calendar month during the lease term to City at: 1 RESOLUTION NO. Exhibit 1 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 or at such other place designated by written notice from City to Tenant. The rental payment amount for any partial calendar months included in the lease term shall be prorated on a daily basis. B. When Emergency Area is required by Tenant for emergency use, Tenant shall pay an annual lease rate of $10.00 per square foot pro-rated for the number of days or partial days of usage plus an operating expense of $5.00 per square foot for the period of usage, payable with the first monthly rent payment due more than one month after such emergency use. 3.Use. Notwithstanding the forgoing, Tenant shall not use the Leased Premises for the purposes of storing, manufacturing or selling any explosives, flammables or other inherently dangerous substance, chemical, thing or device. 4.Sublease and Assignment. Tenant shall have the right without City's consent, to assign this Lease to a corporation with which Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of substantially all of Tenant's assets, provided any such assignee is a government unit or joint powers organization. Except as set forth above, Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in whole or in part without City's consent, such consent not to be unreasonably withheld or delayed. 5.Repairs. During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in this Lease. 6.Alterations and Improvements. Tenant, at Tenant's expense, shall have the right following City's consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased RESOLUTION NO. Exhibit 1 Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by City. Tenant shall have the right to remove the same at any time during the term of this Lease provided that all damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant's expense. All improvements made to satisfy Tenant's requirements shall be made at Tenant's expense. Emergency Area shall remain unimproved. At the end of this agreement, all improvements to the building will revert to City ownership or upon demand of the City they shall be removed by Tenant at its expense, returning the area to its original condition. 7. Insurance. A.If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance. B.City shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amounts as City shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises. C. Tenant and City shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the respective activities of each in the Building with the premiums thereon fully paid on or before due date, issued by and binding upon some insurance company approved by City, such insurance to afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily injury, property damage or combination thereof. City shall be listed as an additional insured on Tenant's policy or policies of comprehensive general liability insurance, and Tenant shall provide City with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph. Tenant shall obtain the agreement of Tenant's insurers to notify City that a policy is due to expire at least (10) days prior to such expiration. City shall not be required to maintain insurance against thefts within the Leased Premises or the Building. 8. Utilities. City will provide access and allow use of all building utilities including heating, cooling, local telephone, and back-up generator service for connection to Tenant's equipment. Cost of all utilities shall be covered by City except for electrical utilities which shall be bill and paid separately by the lessee. Tenant is responsible for installing and maintaining a UPS into the leased facility and providing UPS protected power to the current City UPS protected circuits. City will absorb all expenses related to connecting the Tenant UPS to the City protected circuits, removing the City UPS, and RESOLUTION NO. Exhibit 1 installing City related circuit panels and breakers. City is responsible for paying for electrical utilities consumed by the City protected circuits. 9.Access to Fiber optic cabling. City shall provide the required fiber optic lines from City Hall to the Police Building which includes a 72 strand fiber optic single mode cable with 24 strands allocated to Tenant and 48 strands allocated to the City. Tenant maintains ownership of 24 of the fiber optic strands that span between City Hall and the Police Building. This ownership shall continue past the end of this agreement and will be managed under the LOGIS/Brooklyn Center INET agreement. 10.Custodial Maintenance. City will provide reasonable routine custodial maintenance service for the leased premises. 11.Entry. City shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided City shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. 12.Common Areas and Restricted Areas. City will provide normal use of all common areas for use by Tenant's employees. Tenant's employees will not enter restricted areas. Common areas and restricted areas are depicted on the attached Exhibit A. 13.Access. City will provide 24 hour 7 day a week access to all leased space. 14.Parking. During the term of this Lease, Tenant shall have the non-exclusive use, in common with City, other tenants of the Building, their guests and invitees, of the non-reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by City. City reserves the right to designate parking areas within the Building or in reasonable proximity thereto, for Tenant and Tenant's agents and employees. Tenant hereby leases from City 3 parking spaces during non emergency times and 12 parking spots during emergencies, such spaces to be on a first come-first served basis. 15. Building Rules. Tenant will comply with the rules of the Building adopted and amended by City from time to time and will cause all of its agents, employees, invitees and visitors to do so. All changes to RESOLUTION NO. Exhibit 1 such rules will be sent by City to Tenant in writing. The initial rules for the Building are attached hereto as Exhibit "A" and incorporated herein for all purposes. 16.Damage and Destruction. Subject to Section 7 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to City to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, City shall promptly repair such damage at the cost of the City. In making the repairs called for in this paragraph, City shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of City. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence that is beyond Tenant's reasonable control and that renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes. 17.Default. If default shall at any time be made by Tenant in the payment of rent when due to City as herein provided, and if said default shall continue for fifteen (15) days after written notice thereof shall have been given to Tenant by City, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by City without correction thereof then having been commenced and thereafter diligently prosecuted, City may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, City may reenter said premises. City shall have, in addition to the remedy above provided, any other right or remedy available to City on account of any Tenant default, either in law or equity. City shall use reasonable efforts to mitigate its damages. 18.Quiet Possession. City covenants and warrants that upon performance by Tenant of its obligations hereunder, City will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. 19.Condemnation. If any legally constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes M RESOLUTION NO. Exhibit 1 possession, and City and Tenant shall account for rental as of that date. Tenant shall be entitled to recover no compensation from the condemning authority for any loss or damage caused by the condemnation other than relocation benefits. Neither party shall have any rights in or to any award made to the other by the condemning authority. 20.Subordination. Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing or hereafter arising upon the Leased Premises, or upon the Building and to any renewals, refinancing and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage, deed of trust or other lien to this Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. City is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Leased Premises of the Building, and Tenant agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as City may request. In the event that Tenant should fail to execute any instrument of subordination herein required to be executed by Tenant promptly as requested, Tenant hereby irrevocably constitutes City as its attorney-in-fact to execute such instrument in Tenant's name, place and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it will from time to time upon request by City execute and deliver to such persons as City shall request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that City is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as City shall reasonably require. 21.Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: If to City to: Cornelius Lycurtis Boganey, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 If to Tenant to: Mike Garris, Director LOGIS 5750 Duluth Street Golden Valley, MN 55422 City and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. RESOLUTION NO. Exhibit 1 22.Waiver. No waiver of any default of City or Tenant hereunder shall be implied from any omission or failure to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by City or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. 23.Memorandum of Lease. The parties hereto contemplate that this Lease should not and shall not be filed for record, but in lieu thereof, at the request of either party, City and Tenant shall execute a Memorandum of Lease to be recorded for the purpose of giving record notice of the appropriate provisions of this Lease. 24.Headings. The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 25.Successors. The provisions of this Lease shall extend to and be binding upon City and Tenant and their respective legal representatives, successors and assigns. 26.Consent. City shall not unreasonably withhold or delay its consent with respect to any matter for which City's consent is required or desirable under this Lease. 27.Performance. If there is a default with respect to any of City's covenants, warranties or representations under this Lease, and if the default continues more than fifteen (15) days after notice in writing from Tenant to City specifying the default, Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing installment or installments of rent payable •hereunder until Tenant shall have been fully reimbursed for such expenditures. 28. Compliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. City shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. 7 RESOLUTION NO. Exhibit 1 29.Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 30.Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. CITY OF BROOKLYN CENTER Mayor City Manager LOGIS [Tenant] 8 RESOLUTION NO. Exhibit 1 Exhibit A Building Rules 1.Tenant's agents and employees shall use the parking spaces in the "authorized only" area of the building northwest parking lot. 2.Tenant's agents and employees shall enter and exit through the lobby of the building and shall sign in and out with police staff. 3.Tenant's agents and employees shall wear in a clearly visible manner an authorized LOOTS or Brooklyn Center Police Department Identification card/security badge at all times while in the building. 4.Tenant shall provide to police administration a list of agents and employees who have authorized access to the back-up facility. 5. Tenant's agents and employees are free to use the second floor employee break room, but must abide by the posted rules for clean-up and storage of any food items or containers. City Council Agenda Item No. 61 COUNCIL UFEM MEMORANDUM DATE: December 21, 2015 TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Director SUBJECT: RESOLUTION APPROVING THE LABOR AGREEMENT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 (POLICE OFFICERS AND DETECTIVES) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2016 AND 2017 Recommendation: It is recommended that the City Council consider adoption of the resolution approving the labor agreement between the City of Brooklyn Center and Law Enforcement Labor Services (LELS) Local 82 for the period January 1, 2016 December 31, 2017. Background: The current contract with LELS 82 (Police Officers and Detectives) expired on December 31 2015. The City and the Union have met and negotiated in good faith to reach a settlement on all issues of concern. This labor agreement covers police officers and police detectives for a total of 38 employees. The attached agreement has been approved by a vote of the members and upon adoption by the City Council will establish wages and working conditions for the years 2016 - 2017. The Articles affected by these negotiations include the following: Article 5 Employer Authority Replace word "manpower" with "personnel." Article 9 - Seniority Change the language in Section 9.5 to reflect changes to the shift bidding process from twice a year to once a year. Also define "permanent change to the work schedule." Article 13 - Overtime Clarify language relating to compensatory time pay out into the employee's health care savings plan in Article 13.8. Article 19 - Severance Change language making it gender neutral. Article 24 - Uniforms Create an additional uniform allowance (business appropriate attire as defined by the employer), at a lower reimbursable rate than the business professional attire. Subject to the police chief's approval, employees will elect which uniform allowance they would like to use. IWission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people auud preserves the public trust S[I1SJ[iJ I N I Mk"A UYA I k'A [I) 1I I1II I Article 25 - Longevity and Education Incentive In 2016 an eight year longevity step was added using a flat dollar amount. In 2017 the dollar amount for all levels of longevity and education incentive will change to a percentage. Article 28 - Sick Leave Remove language that forbids the use of sick leave during the first six months of employment. Updated language to comply with the current State sick leave law. Article 29 - Insurance For 2016 and 2017, the City will offer the best of any agreement that we have for any other employee group for 2016 and 2017. Article 30 - Wage Rates 30.1 Two (2%) increase for 2016 effective January 1, 2016. Change the wage scale for employees hired on or after January 1, 2016 removing the six month step increase and changing it to 12 month step increase. Employees hired prior to January 1, 2016 will remain on the current wage step plan. 30.2 For 2017, the Union will agree to the highest general across the board wage percentage increase given to any employee group excluding special pays and market adjustments. 30.3 Effective January 1, 2017 detectives will change from a flat dollar amount (currently $235) to a four percent (4%) per month in additional pay. Effective January 1, 2016 add the Street Crimes Unit to receive the $1 00/month stipend for those assigned to special assignments such as Task Force Officers, Auto Theft Officer, etc. 30.4 Effective January 1, 2017 detectives will change from a flat dollar amount for serving on call (currently $1 65/month) to a two and one-half percent (2.5%) additional pay. Article 34 - Health Care Savings Plan Clarify language in 34.3 that more clearly states the number of hours that will be placed into the employees' Health Care Savings Plan. Article 36 - Duration January 1,2016—December 31, 2017. Budget Issues: The full 2016 cost of the agreement is covered within the adopted police department budget. Mission: Ensuring an attractive, clean, safe, inclusive conununhty that enhances the quality of life for all people and preserves the public tilts! Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE LABOR AGREEMENT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 (POLICE OFFICERS AND DETECTIVES) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2016 AND 2017 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City has negotiated in good faith with LELS Local 82 (Police Officers and Detectives) for a contract for the years 2016 and 2017 as attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to execute the attached contract with LELS Local 82 (Police Officers) for calendar years 2016 and 2017 with such language changes as may be necessary to clarify any terms, provided such language changes do not change the substance or monetary compensation set forth in the attached contract. BE IT FURTHER RESOLVED that authorized wage and benefit adjustments not to exceed the maximum contained herein shall become effective according to the schedule of the contract which commences January 1, 2016. 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. Master Labor Agreement Between City of Brooklyn Center And Law Enforcement Labor Services, Local Number 82 (Police Officers and Detectives) January 1, 2016 - December 31, 2017 ARTICLE PAGE 1 Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Employer Security 2 5 Employer Authority 2 6 Union Security 2 7 Savings Clause 2 8 Constitutional Protection 2 9 Seniority 3 10 Work Schedules 4 11 Discipline 4 12 Employee Rights - Grievance Procedure 5 13 Overtime 7 14 Court Time 8 15 Call Back Time 8 16 Working Out of Classification 9 17 Standby Pay 9 18 Leaves of Absence 9 19 Severance 9 20 Injury on Duty 10 21 False Arrest Insurance 10 22 Training 10 23 Post License Fees 10 24 Uniforms 11 25 Longevity and Educational Incentive 11 26 Holiday Leave 12 27 Vacation Leave 12 28 Sick Leave 13 29 Insurance 14 30 Wage Rates 14 31 Benefits for Retirees 16 32 Mileage and Expense Reimbursement 17 33 Light Duty 17 34 Health Care Savings Plan 17 34 Agreement Implementation 17 35 Waiver 17 36 Duration 18 ARTICLE 1 - Purpose of Agreement This Agreement is entered into between the City of Brooklyn Center, hereinafter called the Employer, and Law Enforcement Labor Services, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2 - Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under the Minnesota Public Employment Labor Relations Act, for all police personnel in the following job classifications: Detective Police Officer 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3- Definitions 3.1 UNION: Law Enforcement Labor Services. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services. 3.3 DEPARTMENT: The City of Brooklyn Center Police Department. 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.5 EMPLOYER: The City of Brooklyn Center. 3.6 CHIEF: The Chief of the Brooklyn Center Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services (Local No. 82). 3.8 DETECTIVE: An employee specifically assigned or classified by the Employer to the job classification and/or job position of Detective. 3.9 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift.3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAKS: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.13 REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for detective and school liaison officer excluding any other special allowance. 3.14 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. ARTICLE 4 - Employer Security The Union agrees that during the life of this Agreement the Union will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of or interference with the normal functions of the Employer. ARTICLE 5- Employer Authority 5.1 The Employer retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel, to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 6— Union Security 6.1 The Employer shall deduct the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7- Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Brooklyn Center. In the event any provision of the Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 8— Constitutional Protection Employees shall have the rights granted to all citizens by the United States and Minnesota Constitutions. ARTICLE 9- Seniority 9.1 Seniority shall be determined by continuous length of service in all of the job classifications covered by this Agreement. Employees promoted or assigned to classifications covered by this Agreement shall accrue classification seniority in the promoted or assigned classification in addition to bargaining unit seniority. Employees promoted from classifications covered by this Agreement to a position outside the bargaining unit will continue to accrue seniority under this Agreement until the completion of their promotional probationary period or for no longer than twelve (12) months. The seniority roster shall be based on length of service in all of the job classifications covered by this Agreement. Employees lose seniority under this Agreement under the following circumstances: resignation, discharge for cause, or transfer or promotion to a classification not covered by this Agreement after completion of the promotional probationaiy period or for no longer than twelve (12) months after transfer or promotion. 9.2 There shall be an initial probationary period for new and promoted employees of twelve (12) months. During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary. period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. The Employer shall give the Union and the employees at least two (2) weeks written notice in advance of any layoff. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of the layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments, and promotions when the job-relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given assignment preference after eighteen (18) months of continuous full-time employment. Except as noted in the preceding sentence, shift assignments shall be bid on the basis of seniority during the last two weeks of October. The resulting shift assignments will take effect January 1 and span through December 31 of the same year. A new shift bid may occur outside of these dates at the mutual agreement of the city and the Union. A permanent change in the work schedule will not result in re-bidding the work schedule if the permanent change in the work schedule would be effective within 90 days of January 1. It is agreed that a 'permanent change to the work schedule' is defined as a promotion; permanent departure from employment; and an extended assignment. In the instance of a permanent change to the work schedule, a 'partial rebid' will be conducted within thirty (30) days of the date that the permanent change to the work schedule takes effect. This bid will be based upon seniority and involve only those officers from the most senior affected officer through the least sefiior officer who has completed at least eighteen (18) months of continuous full-time employment. A partial re-bid may be waived at the mutual agreement of the City and the Union. Officers may, through their own mutual agreement and with approval of the Patrol Commander, trade shift assignments at their own discretion. The maximum duration of any such trade shall be sixty (60) calendar days. 9.6 The Employer shall consider seniority by classification as the primary factor when calling off-duty employees to duty. Reverse seniority shall be considered the primary factor when scheduling duty changes, provided such employees are deemed qualified. 9.7 One continuous vacation period shall be selected on the basis of seniority until April 1 of each calendar year. 9.8 The Employer shall recognize seniority as the primary factor when authorizing holiday leave and compensatory time leave. 9.9 No time shall be deducted from an employee's seniority accumulation due to absences occasioned by an authorized leave with pay, layoffs of less than two (2) years in duration, or any military draft or government call-up to Reserves or National Guard. ARTICLE 10— Work Schedules 10.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each employee through: a.hours worked on assigned shifts, b.holidays, C. assigned training, and d. authorized leave time. 10.2 Authorized leave time (including holiday hours) is to be calculated on the basis of the actual hours used for such leave based on the time that the employee would otherwise have been scheduled to work. 10.3 Nothing in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. ARTICLE 11 - Discipline 11.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a.oral reprimand; b.written reprimand; C. suspension; d.demotion; or e.discharge. 11.2 Suspension, demotions, and discharges will be in written form. 4 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 11.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer. 11.5 A single disciplinary action for failure to attend training, court or tardiness will be removed from the personnel file after 18 months if, during that time, the single incident of discipline for failure to attend training, court or tardiness, is the only occurrence of discipline during that 18 month period. 11.6 Discharges will be preceded by a five (5) day suspension without pay. 11.7 For purposes of discipline, a day will mean eight (8) hours. 11.8 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 11.9 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article 12. ARTICLE 12— Employee Rights - Grievance Procedure 12.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 12.2 Union Representatives - The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when so designated as provided by 6.2 of this Agreement. 12.3 Processing of a Grievance - It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 12.4 Procedure -Grievances, as defined by Section 12.1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer to Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual Agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timelines for Step 4 of the grievance procedure. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days of mediation shall be considered waived. Step 4. A grievance unresolved in Step 3 or Step 3a and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 12.5 Arbitrator's Authority a.The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. b.The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 12.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union in each step. ARTICLE 13— Overtime 13.1 Employees will be compensated at one and one-half (1 Y2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest six (6) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the employee from so working. 13.7 When uniformed patrol employees have less than twelve (12) hours of duty-free time between assigned shifts, they will be compensated at a rate of one and one-half (1 Y2) times the employee's regular base pay rate for the next shift. For purposes of this Article, shift extensions, elected overtime, voluntary changes of shifts, City-contracted work, training, and court time are considered as duty-free time. The twelve (12) hour requirement may be waived by mutual Agreement between the Employee and the Police Administration. 7 13.8 As an alternative to monetary compensation for overtime, an employee may elect compensatory time off at a rate of one and one-half (1 '/2) time. An employee's compensatory time bank shall not exceed sixty (60) hours at any time during the calendar year. Employees with less than 30 hours of compensatory time will be paid out to the employee on or about the first paycheck in December. Employees with thirty (30) or more hours up to the sixty (60) hour limit will have pay placed in the employee's HCSP account on or about the first pay check in December. No compensatory time will be accumulated or used during the month of December. Special overtime duty assignments made available to all positions by the Chief of Police at the police officer's rate of compensation will not be eligible for compensatory time. Compensatoy time off shall be granted only at the convenience of the Employer with prior approval of the Employer-designated supervisor. 13.9 Employees given less than sixteen (16) hours notice of a scheduled duty change other than their regularly scheduled work period shall be compensated at one and one-half (1 '/2) times the employee's regular pay rate for hours worked outside of the scheduled work period. ARTICLE 14- Court Time 14.1 Court Appearances: 14.1.1 An employee who is required to appear in court during their scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1 'A) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for court appearance does not qualify the employee for the three (3) hour minimum. Employees shall not be required to work office or street duty to qualify for the court time minimum. 14.1.2 An employee who is required to appear in court during their scheduled off-duty time shall be given 12 hours prior notification of cancellation of the court appearance. If the notification if not given 12 hours prior to the scheduled court time, the employee will receive the three (3) hour court time minimum. 14.2 Standby Pay: 14.2.1 Any employee placed on standby on scheduled days on will be paid three (3) hours at one times the employee's base pay. IE: If an officer is scheduled to work night shift on Monday and Tuesday night and is placed on standby on Monday or Tuesday, then standby pay would be at straight time. 14.2.2 An employee who is placed on standby for court during their scheduled off-duty time shall be given 12 hours prior notification of cancellation of the court appearance. If the notification is not given 12 hours prior to the scheduled court time, the employee will receive the three (3) hour minimum as provided in Section 14.2.1 or 14.2.2. 14.2.3 Any employee who is placed on stand-by for court should retain a copy of the notice placing them on stand-by, or obtain the name of the person placing them on stand-by. ARTICLE 15- Call Back Time An employee who is called to duty during their scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1 'A) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hours minimum. ARTICLE 16- Working Out Of Classification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 17—Standby Pay Employees required by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. ARTICLE 18— Leaves of Absence 18.1 In cases of demonstrated need and where sick leave has not been abused, the Employer shall grant to employees a leave of absence without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence, the Employer will not permanently fill the employee's position and the employee's benefits and rights shall be retained. 18.2 An employee called to serve on a jury shall be reimbursed the difference between the amount paid for such service (exclusive of travel and expense pay) and compensation for regularly scheduled working hours lost because of jury service. 18.3 Employees ordered by proper authority to National Guard or Reserve Military Service not exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence without loss of status. Such employees shall receive compensation from the Employer equal to the difference between his regular pay and the lesser military pay. 18.4 Employees called and ordered by proper authority to active military service in time of war or other properly declared emergency shall be entitled to leave of absence without pay during such service. Upon completion of such service, employees shall be entitled to the same or similar employment of like seniority, status, and pay as if such leave had not been taken, subject to the specific provisions of state and federal law. 18.5 Members of the bargaining unit will receive such additional leaves as provided for under State or Federal law, as the same laws may be amended from time to time. 18.6 Additional leaves of absence may be granted in the City Manager's discretion upon the same terms and conditions as then applicable to non-Union employees pursuant to the City's Personnel policy applicable to non-Union employees at the time of application for a leave of absence. ARTICLE 19 - Severance 19.1 Before terminating employment, the employee shall give the Employer two (2) weeks written notice. 19.2 Severance pay in the amount of one-third (1/3) the accumulated sick leave employees have to their credit at the time of resignation or retirement, times their respective regular pay rate, shall be paid to employees who have been employed for at least five (5) consecutive years. If discharged for just cause, severance pay shall not be allowed. 19.3 Employees electing to participate in the Health Care Savings Plan will receive 40% of sick leave severance paid into the Health Care Savings Plan. If the employee is not eligible to have a Health Care Savings Plan they will receive the one-third sick leave severance. ARTICLE 20— Injury on Duty Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the employee's regular pay and Workers' Compensation insurance payments for a period not to exceed 720 hours per injury, not charged to the employee's vacation, sick leave, or other accumulated paid benefits, after a three (3) calendar day initial waiting period per injury. The three (3) calendar day waiting period shall be charged to the employee's sick leave account if they were regularly scheduled work days less Workers' Compensation insurance payments. ARTICLE 21 - False Arrest Insurance The City of Brooklyn Center shall maintain liability insurance that includes a provision for unlawfully detaining an individual when an employee is acting within the scope of their duties on behalf of the City of Brooklyn Center. ARTICLE 22- Training 22.1 The Employer shall reimburse each employee who is required to maintain a license as a law enforcement officer under Minnesota Statutes, Section 626.84, et q, for actual expenses of tuition, meals, travel, and lodging incurred in meeting the continuing education requirements of the Minnesota Police Officers Standards and Training Board, not to exceed 48 hours of such training every three (3) years. The Employer need not make such reimbursement for attendance at a course located less than sixty (60) miles from the City of Brooklyn Center and such reimbursement shall not exceed similar allowances for state employees. If the Employer provides in-service training to its employees which meets the continuing education requirements of the Minnesota Police Officers Standards and Training Board, and if the Employer provides its employees with an opportunity to attend such in-service training courses, to the extent that such opportunity is provided to each employee, the obligation of the Employer to reimburse such employee for expenses incurred in attending continuing education courses shall be reduced. 22.2 The Employer shall pay each employee a minimum of their regular salary for all scheduled course hours while attending Employer approved or Employer required continuing education courses, whether or not such courses attended are in-service training courses or courses given by instructors other than the Employer. Should a course exceed the scheduled course hours, the Employer shall pay the employee for the actual hours in attendance. ARTICLE 23— Post License Fees The Employer shall pay up to $90 for the cost of POST license fees for all employees requiring such license during each license period. 10 ARTICLE 24- UniformsThe Employer shall provide required uniform and equipment items. In addition, the Employer shall pay to the uniformed officers a maintenance allowance of $155 per year. Detectives and plainclothes officers, including the trainee, will have the option of selecting either business appropriate attire as defined by the Employer with an allowance of $300 per year or business professional attire as defined by the Employer with an allowance of $590 per year. ARTICLE 25— Longevity and Educational Incentive Effective January 1, 2016 25.1 After eight (8) years of continuous employment, each employee shall receive supplementary pay of $62 per month. 25.2 After twelve (12) years of continuous employment, each employee shall choose to be paid supplementary pay of $150 per month or supplementary pay based on educational credits as outlined in 25.5 of this Article. 25.3 After sixteen (16) years of continuous employment, each employee shall choose to be paid supplementary pay of $240 per month or supplementary pay based on educational credits as outlined in 25.5 of this Article. 25.4 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 25.5 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of- Bachelor's Degree $150/month Master's Degree $240/month Effective January 1, 2017 25.1 After eight (8) years of continuous employment, each employee shall be paid supplementary pay of two percent (2%) of the employee's base rate. 25.2 After twelve (12) years of continuous employment, each employee shall choose to be paid supplementary pay of three percent (3%) of the employee's base rate, or supplementary pay based on educational credits as outlined in 25.5 of this Article. 25.3 After sixteen (16) years of continuous employment, each employee shall choose to be paid supplementary pay of four percent (4%) of the employee's base rate, or supplementary pay based on educational credits as outlined in 25.5 of this Article. 25.4 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 25.5 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of: Bachelor's Degree - 3% of employee's base rate Master's Degree - 4% of employee's base rate 11 ARTICLE 26— Holiday Leave 26.1 Employees shall receive eight (8) hours of holiday leave per month. Ninety-six (96) hours of holiday leave shall be advanced to employees on January 1st of each calendar year beginning on January 1 " 2002. In the event an employee is not employed for the entire calendar year, the employee's holiday leave shall be reduced by eight (8) hours for each full month that the employee will not have worked in that calendar year. 26.2 Employees may use holiday leave with the approval of the Employer. 26.3 An employee who works on New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Memorial Day, Veteran's Day, Columbus Day, Martin Luther King Day, or President's Day shall receive one and one-half (1 1/2) times the employee's regular pay rate for all hours actually worked during the named holiday. 26.4 Except as provided in 26.3, overtime pay shall not be authorized for employees for hours worked on holidays when such work is part of the planned schedule. 26.5 An employee who is on their regularly scheduled day off for a holiday as specified in 26.3, and is called in to work or kept over to work such holiday due to staff shortage(s), etc., will receive two times the employee's regular pay rate for all hours actually worked during the named holiday in lieu of one and one-half (1 V2) times the employee's regular pay rate under Section 26.3. Employees who accept a shift under 26.6 shall be paid as provided in 26.3 and 26.4 and shall not be eligible for payment pursuant to 26.5. 26.6 An employee may request a holiday off, which they are required to work, prior to fourteen calendar days before the holiday. The Employer shall post the open holiday shift to be filled by another employee at the holiday rate of pay. The employee making the request for the holiday off is responsible for working the holiday if the posting is not filled five (5) days prior to the holiday. 26.7 Employees beginning employment after January 1st of a calendar year shall receive eight (8) hours of holiday leave per month beginning on the first month in which they are working as of the first day of that month. Such employees shall receive an advance of holiday leave hours equal to eight (8) hours multiplied by the number of whole months they will work through December of the year in which they were first employed. 26.8 Any holiday leave not used on or before December 31st of each year will be deemed forfeited and shall not carry over into the next calendar year. ARTICLE 27— Vacation Leave 27.1 Permanent full-time employees shall earn vacation leave with pay as per the following schedule: 0 through 5 years of service - eighty (80) hours per year (accrued at 3.08 hours per pay period) 6 through 10 years of service - one hundred twenty (120) hours per year (accrued at 4.62 hours per pay period) 12 eight (8) additional hours per year of service to a maximum of one hundred sixty (160) hours after fifteen (15) years of service 11 years - 4.92 hours per pay period 12 years - 5.23 hours per pay period 13 years - 5.54 hours per pay period 14 years - 5.85 hours per pay period 15 years - 6.15 hours per pay period 27.2 Employees using earned vacation leave or sick leave shall be considered working for the purpose of accumulating additional vacation leave. 27.3 Vacation may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. No employee shall be allowed to use vacation leave during their initial six (6) months of service. Employees shall not be permitted to waive vacation leave and receive double pay. 27.4 Employees may accrue a maximum of two hundred thirty (230) hours of vacation leave. No more than two hundred thirty'(230) hours can carry over from year to year. 27.5 Employees leaving the service of the Employer shall be compensated for vacation leave accrued and unused. ARTICLE 28— Sick Leave28.1 Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight (8) hours per month or ninety-six (96) hours per year (computed at 3.69 hours per pay period) of full time service or major fraction thereof. 28.2 Sick leave shall be used for absence from duty because of personal illness or legal quarantine of the employee, or illness of or injury to the employee's child, adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for reasonable periods of time as the employee's attendance may be necessary, on the same terms upon which the employee is able to use sick leave benefits for the employee's own illness or injury. The employer may limit the use of personal sick leave benefits provided for absences due to an illness of or injury to the employee's adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent to no less than 160 hours in any 12- month period. This paragraph does not apply to absences due to the illness or injury of a child. Sick leave may be used for the purpose of attending the funeral of immediate family members, defined as an employee's brother, sister, parent, parent-in-law, spouse, children, brother-in-law, sister-in-law, grandparents, grandparents-in-law, and grandchildren of the employee. 28.3 Sick leave shall accrue at the rate of eight (8) hours per month or ninety-six (96) hours per year until nine hundred sixty (960) hours have been accumulated (shall be computed at 3.69 13 hours per pay period). Effective January 1, 1994, after nine hundred sixty (960) hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month or forty- eight (48) hours per year (computed at 1.85 hours per pay period), and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month or twenty-four (24) hours per year (computed at .925 hours per pay period). Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workers' Compensation benefits shall be credited against the compensation due employees utilizing sick leave. 28.4 In order to be eligible for sick leave with pay, an employee must: a.notify the Employer prior to the time set for the beginning of their normal scheduled shift; b.keep the Employer informed of their condition if the absence is of more than three (3) days duration; submit medical certificates for absences exceeding three (3) days, if required by the Employer. 28.5 Employees abusing sick leave shall be subject to disciplinary action. 28.6 An employee who has accumulated 960 hours of sick leave and who uses not more than the equivalent of two regularly scheduled shift's worth of sick leave hours in a calendar year shall receive a wellness incentive equal to one of the employee's regularly scheduled shifts' compensation at the employee's regular rate of compensation. ARTICLE 29-Insurance 29.1 Full-lime employees For 2016 and 2017, the City will offer the best of any agreement that we have for any other employee group for 2016 and 2017. 29.2 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use as provided in the Employer's Benefit Plan. The Employer will make a good faith effort to provide the following options for employee selection: group dental, supplemental life, long-term disability, deferred compensation or cash benefits. The Employer will be excused from the requirement of offering a particular option where such becomes unfeasible because of conditions imposed by an insurance carrier or because of other circumstances beyond the City's control. ARTICLE 30- Wage Rates REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for detective, drug task force and school liaison officer; and excluding any other special allowance. 14 30.1 Effective January 1, 2016 Police Officer base rate: Employees hired on or after January 1, 2016. There shall be a 2% general wage increase for 2016 After 36 months of continuous employment: $6,313.68 After 24 months of continuous employment: 86% of the 36 months rate After 12 months of continuous employment: 79% of the 36 months rate Starting rate: 68% of the 36 months rate Effective January 1, 2016 Police Officer base rate: Employees hired prior to January 1, 2016 will remain in the current wage step plan. There shall be a 2% general wage increase for 2016. (P5) After 36 months of continuous employment $6,313.68 per month (P4) After 24 months of continuous employment 93% of After 36 months rate (P3) After 12 months of continuous employment 86% of After 36 months rate (P2) After 6 months of continuous employment 79% of After 36 months rate (P1) Starting rate: 68% of After 36 months rate 30.2 For 2017, the Union will agree to the highest general across the board wage percentage increase given to any employee group excluding special pays and market adjustments. 30.3 Employees classified or assigned by the Employer to the following job classifications or positions will receive two hundred thirty-five dollars ($235) per month or two hundred thirty- five dollars ($235) prorated for less than a full month in addition to their regular wage rate. Detective Employees classified or assigned by the Employer to the following job classifications or positions will receive four percent (4%) per month in addition to the regular rate of pay effective January 1, 2017. Detective Employees classified or assigned by the Employer to the following job classifications or positions will receive one hundred dollars ($100) per month or one hundred dollars ($100) prorated for less than a full month in addition to their regular wage rate. School Resource Officer Auto Theft Officer Task Force Officers Juvenile Officer Street Crimes Unit 30.4 Detectives Serving On-Call effective January 1, 2016: Detectives will work a schedule which requires them to serve on-call on a rotating basis. The City will pay each Detective serving on-call on a rotating basis one hundred sixty-five dollars ($165.00) per month in addition to their regular wage. Detectives who are called back to duty while serving on-call will be paid according to Article 15 of the labor Agreement. Officers assigned to work with the Detectives for training purposes will not receive the one hundred sixty-five ($165.00) per month nor will they be required to serve on-call. Detectives Serving On-Call effective January 1, 2017: Detectives will work a schedule which requires them to serve on-call on a rotating basis. The City will pay each Detective serving on-call on a rotating basis two and one half percent (2.5%) in addition to the regular 15 rate of pay effective January 1, 2017. Detectives who are called back to duty while serving on-call will be paid according to Article 15 of the labor Agreement. Officers assigned to work with the Detectives for training purposes will not receive the two and one-half percent (2.5%) additional pay nor will they be required to serve on-call. 30.5 Employees classified or assigned by Employer to the position of Field Training Officer (FTO) will receive .125 hour(s) of vacation time for each one hour of FTO training time. 30.6 When there is no Sergeant on duty, and senior management personnel do not assume command of the shift, the senior officer working will be in charge of the shift. The senior officer working the shift will have the choice to opt out of working as officer in charge of the shift. An election to opt out of working as officer in charge of the shift shall be effective for the balance of the calendar year. Officers wishing to make an election to opt out of serving as officer in charge of the shift shall make such election during the first 2 weeks of January. Employees may opt out of working as senior officer in charge of shift on an annual basis at the beginning of each year. The officer in charge will receive, in addition to their regular hourly pay, two dollars ($2.00). Officer in charge pay will be calculated to the nearest six (6) minutes. 30.7 Field Training Officers while serving in the capacity of a Field Training Officer (working with a new police officer) shall not serve as the senior officer in charge. 30.8 Employees classified by the Employer to the canine handler classification will receive the following in addition to their regular wage rate: a.The officer will receive the last thirty (30) minutes of each scheduled shift for dog maintenance and care at the officer's home. b.The officer will receive forty-five (45) minutes of overtime pay for dog maintenance, care, and training for each of the officer's scheduled days off. C. When the officer uses time off (sick, vacation, or comp time) for any whole scheduled shift, he must take time equivalent to one-half hour less than whole shift and be paid for whole shift. d.When the officer uses holiday time for any whole schedule shift, he must take eight (8) hours of leave time and will be paid for eight (8) hours. e.When the officer uses a portion of a scheduled shift as sick or vacation time, which is less than the full eight (8) hours, he must take the actual time used in leave time. f. When dog is out of the care of the canine officer, all above items do not apply. ARTICLE 31 - Benefits for Retirees Retirees at the time of retirement shall receive the same options and level of City contribution for insurance coverage upon retirement as are provided by the City's Personnel Policy covering non- Union employees as such options and contributions may be changed by the City from time to time 16 ARTICLE 32— Mileage and Expense Reimbursement Employees shall receive the same mileage and expense reimbursement rates upon the same terms and conditions as generally provided in the City's Personnel Policy covering non-Union employees as such policy may be changed by the City from time to time. ARTICLE 33— Light DutyMembers of the bargaining unit will be eligible for temporary light duty assignment upon approval of the City Manager upon such terms and conditions as would apply to non-Union employees of the City as set forth in the City's Personnel Policy, as the same may be amended from time to time by the City. ARTICLE 34— Health Care Savings Plan 34.1 The State of Minnesota through Minnesota Statute 352.98 has authorized the Minnesota State Retirement System (MSRS) to establish and administer a Health Care Savings Plan (HCSP.) 34.2 Participation in this program is mandatory, based on specific criteria, for all employees covered by this labor agreement. 34.3 All employees with a compensatory time balance of 30 hours or more up to the 60 hour limit of pay will be placed in the employee's HCSP account on or about the first pay check in December. 34.4 All Employees eligible for retirement according to PERA and who terminate their employment from the City of Brooklyn Center will pay to the Employee's HCSP account at the time of termination, 40% of accumulated sick leave, all of the Employee's accrued vacation up to a maximum of 230 hours, and all of the Employee's accrued compensatory time up to a maximum of 60 hours. ARTICLE 34- Agreement Implementation Employer shall implement the terms of this Agreement in the form of a resolution. If the implementation of the terms of this Agreement require the adoption of a law, ordinance, or charter amendment, the Employer shall make every reasonable effort to propose and secure the enactment of such law, ordinance, resolution, or charter amendment. ARTICLE 35-Waiver 35.1 Any and all prior Agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded ? 35.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge 17 or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 36- Duration This Agreement shall be effective as of January 1, 2016 and shall remain in full force and effect until the thirty-first (31) day of December, 2017, as noted in the contract. IN WITNESS THERETO, the parties have caused this Agreement to be executed this day of .2016. FOR THE CITY OF FOR LAW ENFORCEMENT BROOKLYN CENTER LABOR SERVICES Mayor Business Agent City Manager Union Steward 18 City Council Agenda Item No. 6m II1IJ[iJ I fl I I V4 Uh'A I ihY4 0] 1flhIJ I DATE: January 5, 2016 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2016-01, 02, 03 and 04, Palmer Lake West Area Street, Storm Drainage and Utility Improvements Recommendation: It is recommended that the City Council consider approval of the attached resolution approving plans and specifications and authorizing advertisement for bids, Improvement Project Nos. 2016- 01, 02, 03 and 04, Palmer Lake West Area Street, Storm Drainage and Utility Improvements. Background: On December 14, 2015, the City Council conducted a series of two public hearings on the proposed Palmer Lake West Area Street, Storm Drainage and Utility Improvements. At that meeting, the City Council ordered the improvements and directed staff to prepare plans and specifications for the project. Construction plans, specifications and contract documents have been prepared for the project. The overall scope of the project remains consistent with the improvements outlined in the feasibility study. Staff is prepared to begin the project bidding process upon authorization from the City Council. The bidding process would involve advertisement of the project in the City's official newspaper and in Finance and Commerce. Sealed bids would be collected, opened on a scheduled bid opening date and tabulated by the City Clerk and City Engineer. Staff anticipates that the bid results will be presented to the City Council for consideration at the March 14, 2016, City Council meeting. Budget Issues: The total project cost is estimated to be $7,860,000. Funding sources for the project are budgeted from sources as described in the project feasibility report previously accepted by the City Council on November 9, 2015. The special assessment rates were adopted by the City Council on November 23, 2015, and the funding sources were amended and presented to the City Council at the December 14, 2015, meeting. Strategic Priorities: Key Infrastructure Investments Mission. Ensuring an allructive, clean, saft, inclusive community Iluit enhances the quality of life or al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2016-01, 02, 03 AND 04, PALMER LAKE WEST AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council, by Resolution No. 2015-188, ordered Improvement Project Nos. 2016-01, 02, 03 and 04 and authorized the preparation of plans and specifications for the Palmer Lake West Area Street, Storm Drainage and Utility Improvements; and WHEREAS, said plans and specifications have been prepared under the direction of the City Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The plans and specifications for Improvement Project No. 2016-01, 02, 03 and 04 are hereby approved and ordered filed with the City Clerk. 2.The City Clerk shall prepare and cause to be inserted in the official newspaper and in Finance and Commerce an advertisement for bids for the making of such improvements in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder, whose responsibility is questioned during consideration of the bid will be given an opportunity to address the City Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City of Brooklyn Center for 5 percent of the amount of such bid. January 11, 2016 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. GOVERNING SPECIFICATIONS THE 2014 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIFICATiONS FOR CONSTRUCTION" AND THE 2014 EDITiON OF THE "MATERIALS LAB SUPPLEMENTAL SPECIFICATiONS FOR CONSTRUCTION" SHALL GOVERN. CITY OF BROOKLYN CENTER HENNEPIN COUNTY, MINNESOTA PLANS FOR GRADING, BITUMINOUS PAVING, CONCRETE CURB AND GUTTER, STORM SEWER, SANITARY SEWER, WATERMAIN AND MISCELLANEOUS CONSTRUCTION 2016 PALMER LAKE VEST AREA STREET AND UTILITY IMPROVEMENTS DATE:__________ LIC, NO. 47074MICHAEL J. ALDERS SIGNATURE: PRINTED NAME: PROJECT LOCATION COUNTY: HENNEPIN DISTRICT: METRO 11I,1*i1 1 TITLE SHEET PROPOSED CURB & GUTTER 2 GENERAL LAYOUTEXISTING SANITARY SEWER )3-4 STATEMENT OF ESTIMATED QUANTITIESPROPOSED SANITARY SEWER....- > ->>5 CONSTRUCTION AND SOILS NOTES PROPOSED STORM SEWER 73RD AVE-" 1WOODBINE LN 6-8 TABULATIONS EXISTING WATERMAIN El i I 9 SANITARY SEWER TABULATIONPROPOSED WATERMAIN W \ L B I j U I U 10-11 STORM SEWER TABULATION EXISTING SANITARY MANHOLE fl L 123 TYPICAL 0 I - BROOKLYN CENTER STANDARD PLATES f-D PLANJL_EEEXISTING HYDRANT.REMOVAL PLANS PROPOSED HYDRANT -1-'69Th AVE 34-48 STORM SEWER AND STREET CONSTRUCTION PLANSEXISI1NG GATE VALVE .............................' .. I I i \\ - I -49-52 MISCELLANEOUS STORM SEWER PROFILE DRAWINGSjI (EXISNGWAR MANHOLE ..................... ®53-66 SANITARY SEWER AND WATERMAIN PLANS LJJU__67-69 WRSECONDETAS EXISTING CURB BOX \DETAILSPROPOSED CURB UTILITY 9ff \ )4 \ 78 STORAGE YARD PLAN 79-136 CROSS SECS BURIED GAS MAIN ........................-S 5- BURIED GAD MAIN (ABANDONED)C(A580) ELECTRIC (UNDERGROUND)EU ELECTRIC (OVERHEAD)................. CABLE TV (UNDERGROUND)......... CABLE TV (OVERHEAD)T'0 TELEPHONE (UNDERGROUND) .......--si TELEPHONE (OVERHEAD)10 FIBER OPTIC (UNDERGROUND)....-FO FIBER OPTIC (OVERHEAD)EU RIGHT-OF-WAY. ...........................- PROPERTY LINE............................- FENCE ...........................................-x-----x-----x----x- DECIDUOUS TREE.................... CONIFEROUS TREE.................. SHRUB ....................................0 YARD LIGHT............................ MAILBOX................................. SIGN ........................................ ilL PLAN REVISIONS DATE SHEET NO. APPROVED BY C0) CITY OF:IEHE NNEPIN ROOKLYN CENTER COUNTY, MINNESOTA DATE:__________ THIS PLAN CONTAINS 136 SHEETS. APPROVED: BROOKLYN CENTER CITY ENGINEER I I THE SUBSURFACE U11U1Y INFORMATION IN THIS PLAN IS UTILITY QUALITY LEVEL D. THIS UTILITY QUALITY LEVEL WAS I ALL TRAFFIC CONTROL DEVICES SHALL CONFORM AND BE INSTALLED IN ACCORDANCE TO THE MINNESOTA MANUAL I DETERMINED ACCORDING TO THE GUIDELINES OF Cl/ASCE 38-02, ENTITLED "STANDARD GUIDELINES FOR THE COLLECTION I I ON UNIFORM TRAFFIC CONTROL DEVICES' (MN MUTCO) AND PART Vi, -FIELD MANUAL FOR TEMPORARY TRAFFIC I AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA. I CONTROL ZONE LAYOUTS".I THE BURIED UTILITY UNE LOCATIONS SHOWN ON THE PLAN SHEETS ARE ONLY APPROXIMATE, CONTRACTOR SHALL CALL 'GOPHER STATE ONE CALL' (651-454-0002) FOR EXACT LOCATIONS BEFORE COMMENCING WORK. SHEET NO ,....,,,..,.,., SHEETS SHEET NO. DESCRIPTION SCALES PLAN 50' PROFILE 50' 1 5' HORIZ. VERTICAL I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA t •-' : :ff.: mJ:it cn J. T 603I Li 46_4 1 I-J i173+ N Ell I I -f I ( I 'F • i F I I I I cp11 _lt I , j I t 1 HH I - j - ' L- f-i !$/* J— I i; 8 II11 II x ii- - - - - r :-' LC o [LJiJ ü ;o Q1 y :- J t i L I 30 H ELH r :;o t Q - J -\ A 1 53 34 30F_ _I z H1 T O I ;jï LIIN' __A U :: IIa _- <1 1->' cc>' Q ' I I I r - _ l 'r Cl fl fl \ K62 & tJ J /j r I r % \ II— I t, \ 7 ; :J --n ' ;\\ \ - - S I x \\ \\ " 31 x ®L r i 64 - - - i 7 II - Ji I 7 \ ' \_ ' \ \ \ f E I L / o \ _z I /j I I \ e I I ' I - , " l H ,) — --- /Jj/ \\q'\'j: t 'I L _ I• \I , II1 \ \ : :t: I N lilt I I 'W/ 4 _ 4: "•ie J _ ItI t I LEGEND I SANITARY SEWER AND WATER MAIN CONSTRUCTION PLAN - I - - STORM SEWER AND STREET CONSTRUCTION PLAN 1 : REMOVAL PLAN\ç _-I 120 0 120 240 I I I - / o PROPOSED CONSTRUCTION AREA I 2 SCALE FEET - ND. DATE BY RESION. -- I HERESY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR_________________________________________________________________ CITY OF TED MA DULY LICENSED PROFESSION ERDNEOA DESIGN BY MA PALMER LAKE WEST AREA STREET AND UTILITY IMPROVEMENTS I Sheet LAWS OF THE STATE OF MINNESOTA. — DRAWN BY AH CmTHENNEPIN ROOKLYN CENTER _OY PROJECT NOS. SIGNATURE:________________________________ DATE ---- CHECKED BY MA 2016-01 , 2 COUNTY, MINNESOTA PRINTED NAME: MICHAEL J. ALBERS UC. NO. 47074 DATE 02, 03 & 04 GENERAL LAYOUT Of 136 City Council Agenda Item No. 7a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JOHN RUSSELL FOR HIS DEDICATED PUBLIC SERVICE ON THE PARK AND RECREATION COMMISSION WHEREAS, John Russell served on the Brooklyn Center Park and Recreation Commission from January 23, 1995, through December 31, 2015; and WHEREAS, he has made significant contributions as a member of the Park and Recreation Commission, including monitoring and reflecting the attitudes and concerns of the citizens relative to the conservation of environmental resources in the City and to the park system and recreation programs, and advising the City Council of citizen attitudes and policy matters relevant to the conservation, park and recreation functions in Brooklyn Center; and WHEREAS, his leadership and expertise have been greatly appreciated by the Park and Recreation Commission; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that John Russell is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expressing of gratitude for the leadership and service he has rendered to the citizens of Brooklyn Center. January 11, 2016 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. lOa COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 5, 2016 SUBJECT: Select Presiding Officers - President Pro Tern and Acting President Pro Tern Recommendation: Mayor Willson requests that the City Council ratify the nomination of Dan Ryan as President Pro Tern. Lin Myszkowski would serve as Acting President Pro Tern. Background: Section 2.06 of the City Charter requires the Council to choose from its members a President Pro Tern who shall hold office at the pleasure of the Council and shall serve as President in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. City Council Resolution No. 92-262, Establishing and Designating an Acting President Pro Tern of the City Council, states the most senior Council member shall preside in the absence of both the Mayor and President Pro Tern, and that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. Following is a list of Council members by seniority and the votes cast per member in the most recent election. o Dan Ryan (first elected November 7, 2006) • Lin Myszkowski (first elected January 24, 2012) o Kris Lawrence-Anderson (first elected November 6, 2012) o April Graves (first elected November 4, 2014) Attachments: City Charter Section 2.06 City Council Resolution No. 92-262 Budget Issues: There are no budget issues to consider. b. A uniform list of initial questions to be asked of all applicants shall be made •available to the public and the applicants in advance of interviews. To the extent reasonably practicable, questions asked of all applicants at the interviews shall be uniform. 4.Selection Process. Upon completion of the interview process, the Council may call for a vote to appoint an applicant. Each Council member may cast only one vote for a preferred applicant on each called-for vote to appoint. No vote, which does not result in a majority vote for one candidate, shall result in elimination from consideration of any candidate. Written ballots listing the applicant(s) shall be used. Each Council member's vote shall be recorded. A simple majority of the Council votes shall appoint that applicant to the City Council. 5.If the Council pursues the appointment process but then fails to fill a vacancy within forty-five (45) days from the occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy. The special election will be held not sooner than one hundred five (105) days and not later than one hundred thirty-five (135) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held. 6. The City shall comply with the Minnesota Data Practices Act in all respects in the collection, management, and dissemination of data on applicants for City Council vacancies. Section 2.06. THE MAYOR. The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a president pro tern who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and shall exercise all powers and perform all duties conferred and imposed upon the Mayor by this charter, the ordinances of the City, and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. The Mayor shall study the operations of the. City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. In time of public danger or emergency the Mayor may, with the consent of the Council, take command of the police, maintain order and enforce the law. Section 2.07. SALARIES. The Mayor and the members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until the January 1 following the next succeeding general municipal election. The City Manager and all the subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. City of Brooklyn Center -4- City Charter Last revised 1012012004 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION NO. 92-262 (C^SFV RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2.06 of the Brooklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tern who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tern may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS, the City Council desires to provide for an acting president pro tern who shall serve in the absence of the Mayor and president pro tern. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the most senior Councilmember shall preside in the absence of both the Mayor and Mayor pro tern. BE IT FURTHER RESOLVED that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. November 23, 1992 7=" ^/ z L^:^ Date Todd Paulson, Mayor ATTEST: 11TJJLLOL[L PcDeputy Cler k The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen , and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. lOb COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 4, 2016 SUBJECT: Resolution Declaring Commitment to the Brooklyn Center City Charter Recommendation: It is recommended that the City Council consider adoption of Resolution Declaring Commitment to the Brooklyn Center City Charter. Background: The City Manager is directed to place this resolution for re-adoption on the agenda for the first meeting of the City Council each January as information and reminder of Council/Manager responsibilities. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO.__________ RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council/Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commissions other than advisory boards or commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this Charter; and WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and RESOLUTION NO. WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council: 1.To rededicate itself to the spirit and letter of the City Charter and to commit itself to ensuring compliance by the City Council collectively and individually with that spirit and letter of the City Charter. 2.To rededicate itself to the checks and balances of the City Charter that keep City government accountable. 3.To pledge that in its dealings with citizens and City staff, that the City Council will treat such citizens and staff with respect and courtesy. The Council shall deal with staff in accordance with the City Charter through the City Manager. 4.To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner for the good of the whole City and without regard for personal gain or interests. 5. To direct the City Manager to place this resolution for re-adoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council/Manager responsibilities. January 11, 2016 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. lOc COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 4/t${ ViA DATE: January 4, 2016 SUBJECT: Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives/Voting Delegates for Other Organizations for 2016 Recommendation: Mayor Willson e-mailed requesting that the City Council ratify the following appointments for 2016: Commission/Organization Council Member Financial Commission Lin Myszkowski Housing Commission Kris Lawrence-Anderson Park and Recreation Commission April Graves Ad Hoc Youth Advisory Commission Lin Myszkowski Crime Prevention Program April Graves Earle Brown Days Committee Kris Lawrence-Anderson Tim Willson - Alternate League of Minnesota Cities Dan Ryan; Tim Willson - Alternate Metro Cities Dan Ryan; Tim Willson - Alternate North Hennepin Area Chamber of Commerce Tim Willson Background: At the first meeting of the year the Mayor appoints City Council Members to serve as Council Liaisons to City Advisory Commissions and as Council representatives or voting delegates/alternates for boards, committees, or organizations in which the City participates. In 2015, Council Members were appointed as follows: Commission/Organization Financial Commission Housing Commission Park and Recreation Commission Ad Hoc Youth Advisory Commission Crime Prevention Program Earle Brown Days Committee League of Minnesota Cities Metro Cities North Hennepin Area Chamber of Commerce Budget Issues: There are no budget issues to consider. Council Member Lin Myszkowski Kris Lawrence-Anderson April Graves Lin Myszkowski April Graves Kris Lawrence-Anderson Tim Willson - Alternate Dan Ryan; Tim Willson - Alternate Dan Ryan; Tim Willson - Alternate Tim Willson City Council Agenda Item No. lOd [i[I1IJ[ I fl I I ak'4 IA I M'iO) 1I SJA I DATE: January 7, 2016 TO: City Council FROM: Curt Boganey, City Manageij SUBJECT: Resolution making finding of fact and order relating to Jammin Wings Liquor License Recommendation: It is recommended that the City Council consider adoption of the subject resolution. Background: Brooklyn Center City Code requires that on premise food sales for a Class B Liquor License at a restaurant must equal or exceed 50% of gross revenue. On November 13 t 2015, Jammin Wings the licensee submitted a CPA statement dated November 6th 2015, stating that for the twelve-month period ending September 30th 2015, 95.71% of sales were derived from on premise sale of food. When notified that the reported percentage of food sales appeared extraordinarily high, the applicant submitted a new CPA certification, stating that the original filing was in error due to misinterpretation of the numbers. The corrected form certified the food sales at 50.8% Because there was a need to clarify the discrepancies in the CPA certifications the City Council approved a new liquor license subject to the condition that we receive a "City auditor's submittal of a review of the business records for Jammin Wings for accounting functions demonstrating compliance with the provisions of the City Liquor Code." On December 21St MMKR, Auditor for the City, submitted a report that made several findings including a finding that the most recent CPA certification covered a nine (9) month period rather than the required twelve month period. Following this finding the CPA for the applicant submitted a third certification covering the full twelve month period from October 2014 through September 30th 2015. This certification stated that food sales represented 51.78% of total sales. The report from the City Auditor also identified a number of computational errors and concerns regarding specific transactions. The auditor requested that the applicant provide 15 days of additional source documentation. The auditor was unable to complete its review because the applicant reported that the Point of Sale system for the restaurant was no longer operational so the requested documentation and data could not be retrieved or made available. In addition the auditor was unable to test daily deposit information due to the fact that the owner has a combined bank account for their restaurant in Maplewood and Brooklyn Center. Iission: Ensuring an ailnictive, clean, saft, inclusive community that enhances the quality of life for al/people find preserves the public trust [ii1IJESJ fl I M'A L' I akYA (I) 1.WI P1IJ I For these reasons the City Auditor was unable to complete that task required, thus the Class B Liquor License for Jammin Wings was not renewed. Based on the information submitted, the City Auditor has estimated that food sales for the period covered would be 49.621% after eliminating negatives sales which could not be explained by the data available to the auditor. Staff met with the owners of Jammin Wings on Tuesday and discussed the status of the license application. We expressed our concerns about the restaurant and expressed our appreciation for the way late night activities have been relatively well managed compared to previous owners. We indicated that based on precedent involving other license applicants that failed to meet the required food sale threshold we would present a conditional license proposal to the City Council for your consideration. Monday we have scheduled a hearing for the applicant and we have prepared a recommended conditional license for your consideration. Following the hearing the Council may approve the license, disapprove the license or approve the licenses with conditions as presented or modified by the Council. Budget Issues: The estimated license revenue in 2016 for this restaurant is $11,700 The staff time and cost of enforcing this order may be meaningful but not prohibitive. Current budgeted appropriations will be sufficient to cover anticipated costs. Strategic Priorities: This is a ministerial ordinance enforcement matter. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of k/c for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION MAKING FINDINGS OF FACT AND ORDER RELATING TO JAMMIN WINGS LIQUOR LICENSE Upon due notice, a hearing was held by the Brooklyn Center City Council on the 11th day of January, 2016, at 7:00 p.m., at the Brooklyn Center City Hall, on the matter of the liquor license application of Jammin Wings, pursuant to Brooklyn Center City Code, Section 11- 125. City staff presented information relating to the failure of the liquor license applicant to meet the requirements of City Code, Section 11-107, paragraph 4(b) relating to the percentage of revenue derived from the serving of food for consumption on the premises, and City Code, Section 11-118, paragraph 8 relating to inspection of business records to demonstrate compliance with the provisions of Chapter 11. Having heard and duly considered the evidence presented at the hearing, the Council makes the following FINDINGS OF FACT and ORDER: FINDINGS OF FACT Jammin Wings, LLC d/b/a Jammin Wings (the "Licensee") held an on-sale Class B intoxicating liquor license for 2015 and has applied for a license for 2016. 2.Brooklyn Center City Code, Section 11-107, paragraph 4(b) requires that, to be entitled to a Class B liquor license, a restaurant must derive at least 50% of its revenue from the serving of food for consumption on the licensed premises. 3.On November 13, 2015, the Licensee submitted a CPA Statement dated November 6, 2015, showing that, for the twelve-month reporting period ending September 30, 2015, 95.7 1% of sales were derived from the sale of food. The City of Brooklyn Center (the "City") notified the Licensee on November 17, 2015, that the percentage was much higher than other establishments and asked that the Licensee review the documentation provided to the CPA to ensure that it was true and accurate. 4.On November 25, 2015, the Licensee submitted an amended CPA Statement showing that, for the twelve-month reporting period ending September 30, 2015, 50.80% of sales were derived from the sale of food. Due to the significant change in percentage of food sales, the City, pursuant to Brooklyn Center City Code 11-118, paragraph 8, engaged its auditor to inspect the business records of Jammin Wings to demonstrate compliance. 5.The City's auditor noted that both CPA Statements that were submitted were only for nine months rather than the full twelve months. On December 11, 2015, the Licensee RESOLUTION NO. submitted a second amended CPA Statement showing that, for the twelve-month report period ending September 30, 2015, 51.78% of sales were derived from the sale of food. 6.The City's auditor reviewed the same data that the Licensee presented to its CPA and found several errors and, after eliminating negative sales, what appears to be gross sales of $436,958 and food sales of $216,823 or 49.621%. 7.The City's auditor submitted its report on December 30, 2015, identifying several business records and documentation that the Licensee was unable to provide to demonstrate and substantiate compliance with Brooklyn Center City Code, Section 11- 118, paragraph 8. 8.Therefore, the Licensee has not complied with the requirements of Section 11-107, paragraph 4(b) and Section 11-118, paragraph 8 (the "Violation"). 9.City staff and the Licensee met on January 5, 2016, to review the City auditor's findings and recommendations, and the Licensee has represented that it can, and will, take steps necessary to meet the requirement of City Code that at least 50% of its revenues be derived from the serving of food for consumption on the licensed premises. 10. The Council has determined that it is reasonable to grant a Class B liquor license to the Licensee, but only on the terms and conditions set forth in the following order: [sX1)1 On the basis of the FINDINGS and evidence and testimony presented at the hearing, the Council orders that a Class B intoxicating liquor license be granted to the Licensee for the 2016 license year on the following conditions: 1.The Licensee shall submit a CPA Statement no later than February 15, 2016, for the period October 1, 2015, through January 31, 2016, showing the percentage of revenue derived from the serving of food for consumption on premises. 2.Each full month following license approval and during the term of the license, no later than the. 15th day of each calendar month, commencing March 15, 2016, the Licensee shall submit to the City a monthly sales report certified by a Certified Public Accountant, showing the percentage of revenue derived from the serving of food for consumption on premises for the preceding calendar month. 3. Each month the Licensee shall submit a Sales Report which at a minimum must show: a.On premise food sales b.Liquor sales c.Food sales tax and liquor sales tax d.Total gross sales (food sales plus liquor plus respective sales taxes) RESOLUTION NO. 4. Each month the Licensee shall submit a daily Point of Sale (POS) Sales Summary (covering the CPA Statement Period) documenting: a.On premise food sales b.Liquor sales c.Food sales tax and liquor sales tax d.Total gross sales (food sales plus liquor plus respective sales taxes) 5. The Licensee shall make available upon request any or all supporting documentation for the subject monthly/daily summary report. 6.The Licensee must have achieved a cumulative percentage of 50% of revenues derived from the serving of food for consumption on the premises for the period November 1, 2015, through May 31, 2016; otherwise the license shall be subject to revocation upon review by the City Council. 7.The Licensee shall comply will all requirements of Brooklyn Center City Code and State Law relating to the sale of alcoholic beverages. The Licensee is advised and admonished that it is the Licensee's responsibility to meet the requirements of this Order and to meet the required percentage of revenues derived from the serving of food for consumption on the premises. If it is not possible for the Licensee to meet the requirements of this Order and of City Code through efforts to increase the sale of food, the Licensee may have to take other steps to reduce the revenues received from the sale of alcoholic beverages. By Order of the City Council of the City of Brooklyn Center this 11th day of January, 2016. 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. 63C1 Lfwxg1e Ci* Pmkay, jJf' S432I (7153) 569330City cfBrook!yi: Ctr CPA Stat enient [ht form lntL¼ L 1 o ni ç LE flu c fib[i l) uts that e -III - I ri nn-- itCiiifl liquor Jjee including wii 1ccisc, ftorii tfte City of Btuokyt Cciicr pIILi fr ii mn" t i 3uu I LC n' ti1 in i mu t file iiI Ui TLP pp1211i n L ir fl - a T e.d b I Ceri ifld PFb I ic AU013111-1111t th1u sbowsf iii I I ih tc 1 gr fi rid IlL Cu t s it lilt 1 I t IjL u fllIi p miii C i ltLI/ p1 c; Wn. ht I Ii r Ii IlL Tftc4l1 ippI kaiici. A tiii. lcIipDIatk'l sii[I fill -,imnt CCrti If lUt1LLiV. Ninw of FL ul,I1u1uc31t 2 For iv-nouith priotE iratindialdy precding the. tiato of fiIin iiwi1 au Qithu1 Foe file prioc1 \oc— o4 cr ç S T01 ss Silcs (Footl Uquorj A S T.. Tothi Gi Fooil Siik - (i,xcluiiing. i.jkL(JIIt and dtr) Perciit of Total th'oss Food Saks thi-rIenlLs 4.s tO 1 Otal (os Sth B A c: I r1uIi tIia i aLi Ceiued rublic A <juiaI and Ems report has b¼n 'tnitcd by me, and r to the bL sI. I w\ LIJOW1I dii. tRUt hL I ci a tnt ¼ VU ii Lmpk k pu it i'iad. 111 L11 faith CO\ TJEl Llu 1,.criod natnd. shove. CPA Ntiie CPA SjnaLuL 01 1 2% \dJrss (ill b111k stve,ct, (L(V 5j tie ,jp d¼ CPA Lit&Re.g[stratiCi11Nit1ther CPA ticeushig State Date Nov 25 2015 2:24PN1 CICHOCI<I ACCOUNTING 7634273030 CICHOCKI ACCOUNTING AND TAX November 25, 2015 Ms. Sharon Knutson, MMC City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Re: Kristy Brown Dear Ms. Knutson: My name is Richard W. Cichocki Jr., CPA, and I am the representative for Kristy Brown and Jammin Wings. I am resubmitting my CPA statement as I made a mistake on the original filing. I misinterpreted the numbers and Percent of Total Gross Food sales on-premises to the Total Gross sales is actually 508%. I have attached the statement to show the correct calculation. I apologize for any inconvenience this may have caused. I made the mistake and did not discuss with Ms. Brown before sending the letter. Again, I apologize and the numbers are correct now. Please feel free to call me with any questions at 763-450-4233. Thank you. Sincerely, Richard W, Cichocki Jr., CPA CIcHOCKI ACCOUNTING AND TAX, LTD 320 E. Main Street, Suite 102, Anoka,MN 55303, Phone (763) 427-3085, Fac (763) 427-3030 EO. Box 208, Grand Marais, MN 55604, Phone: (888) 427-3085, Fac (877) 771-3030 info@cictiockiaccountjrìg.com , ww.cichockiccouningcom Nov 25 2015 2:24PM CICHOCKI ACCOUNTING 7634273030 p.2 Dec 11 2015 3:2GPM CICHOCKI ACCOUNTING 7634273030 p.1 CITY OF BROOKLYN CENTER Agreed-Upon Procedures Period Coveting October 1, 2014—September 30, 2015 PRINCIPALS Thomas M. Montague, CPA Thomas A. Karnowski, CPA Paul A. Radosevich, CPA William J. Lauer, CPA James H. Eichten, CPA Aaron J. Nielsen, CPA Victoria L. Holinka, CPA INDEPENDENT ACCOUNTANT'S REPORT ON APPLYING AGREED-UPON PROCEDURES To the City Council and Management Brooklyn Center, Minnesota We have performed the procedures enumerated below, which were agreed to by the City of Brooklyn Center, Minnesota (the City), solely to assist you in verifying the compliance by Jammin Wings, LLC (Jàiurnin) on the CPA Statement provided to the City by Jammin as part of the application renewal process for an existing on-sale intoxicating liquor license with the City. The City is responsible for the evaluation of Jammin's compliance and determination of license renewal. This agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the responsibility of the City. Consequently, we make no representation regarding the sufficiency of the procedures described below, either for the purpose for which this report has been requested or for any other purpose. Our agreed-upon procedures and related findings are as follows: Procedure - 1. We requested that Jammin submit a financial report for the period from October 1, 2014 to September 30,. 2015 reflecting the total gross sales, total gross food sales - on premises, total liquor sales, and total revenue that matches the final CPA Statement subfriitted to the City. Findings - o Janmin submitted an annual Profit and Loss Statement that presented total gross sales by month totaling an amount that agreed with the CPA Statement submitted to the City. o Jammin submitted an annual Profit and Loss Statement that presented total food sales by month totaling an amount that agreed with the CPA Statement submitted to the City. o Jammin's Profit and Loss Statement's total gross sales did not agree to the arithmetically correct total of gross food sales plus gross liquor sales for every month included on the annual Profit and Loss Statement. Mathematically accurate totals for gross food sales plus gross liquor sales by month yielded a total sales amount approximately $15,000 more than the total gross sales Presented on the CPA Statement. (See Schedule A.) (continued) • Malloy, Montague, Karnowski, Radosevich & Co., P.A. 5353 Wayzata Boulevard • Suite 410 • Minneapolis, MN 55416 • Telephone: 952-545-0424 Telefax: 952-545-0569 www.mmkr.com Procedure - 2. We requested that Jammin submit a daily sales report that reflects sales by day that agrees with the data by category listed on the previous page. Findings - o Jammin submitted a daily sales report that presented daily food sales and daily liquor sales that, when added together, did not agree to the total gross sales presented on the Profit and Loss Statement. o Järnrnin submitted a daily sales report that presented daily sales that agreed to the total gross food sales and total gross liquor sales by category on the Profit and Loss Statement, except as noted below: o November 2014 - daily food sales did not agree to the Profit and Loss Statement. Food sales by day totaled approximately $700 less than reported ' oil the Profit and Loss Statement. Liquor sales by day totaled approximately $1,100 less than reported on the Profit and Loss Statement. O July 015 there Was no daily sales report submitted for July 18, 2015, which lead to a discrepancy of approximately $i0 less in food sales than was reported on the Profit and Loss Statement and approximately $2,600 less in liquor sales than was reported on the Profit and Loss Statement. o August 2015 - daily food sales did not agree to the Profit and Loss Statement. Food sales by day totaled approximately $700 less than reported on the Profit and Loss Statement Liquor sales by day totaled approximately $500 less than reported on the Profit and Loss Statement. - Jammin submitted a daily sales report that presented six days with negative dollar amounts of total liquor sules, and one day with a negative food sales total. Proce'dute - 3. We requested 15 days for additional verification of compliance by requesting a copy of the daily breakdown of sales from food, liquor, and other sales for the day; a copy of the daily deposit slip; and a copy of the monthly bank statement for each of the 15 days selected. Findings - We were unable to complete testing procedures on the 15 days selected for additional verification. Jammin notified us that their point-of-sale record system had experienced a loss of data during an attempt by Jamiriin's third party information technology provider to obtain the daily sales detail we had requested. Due to the fact that we were unable to verify the composition of the daily food and liquor sales for the days selected, we were unable to complete this procedure. Due to - the faetthat we were unable to view the composition of credit card versus cash gales, we were unable to trace the selected day's sales to the bank statement activity in order to complete this testing procedure. Jarniriin provided monthly bank statements as requested. Jammin did not provide daily deposit slips as requested. We were unable to determine relevant deposits, As Jammin uses this bank account for both the Brooklyn Center and Maplewood locations, and Jammin keeps no records of daily deposit activity. Due to the fact that Jammin does not make daily deposits and combines the financial activity of both locations in the same bank account, we were unable to complete this testing procedure. (continued) CLOSING We were not engaged to, and did not conduct an audit, the objective of which would be the expression of an opinion on the compliance of Jammin on the CPA Statement provided to the City. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is intended solely for the information and use of management of the City and is not intended to be, and should not be, used by anyone other than these Specified parties. 14t'411&?, °-r K-; A. Minneapolis, Minnesota December 21, 2015 C,4 0000 U)0) 0000 U)0)100 s'-. N. 00) U) c6 CO C'1 cI — (ft 0)0(0-0) (0C\i 0000 C'Co 0 (0- • 00)(00 0)0 CC) ci - .ccc (ft c '000 C) C)cJ Q U (DO) O)('40 (00(0CS tf 0) e 0000 N.010 IT CDCo CD ('10)00)- (0_'_ 4ftC'1(0 c'i CO 00000)10(00 IT 0 (0CL C00c'J CO-0 (00 Ct 000(00) N. CD (0 -1 0(0('1010 (0QCt)&Ct)C 0)0)00000) 0(0-001O0 0 C c0 .- z C6 T--V) 64 (G3 tr 00000)0 ('10 (ft't 0 'COOCD C000 cicc cci (3 10 0 0 00 0(0 010 001C4C'J 0 01 49(3— (0-01(0 (3 N 0Q00 N01' 00 - Q.100 ('10)00 0) cOO 00 () 0)cOO 6D V 00)(0100 COON.c-IC•t-cftl- (00)49 (0 (3 101000 0 CD •J-'vr0 C6 L6(0- 10-C') 00(l) 49 .. (3 (ft a) CU0.E 2 LU La UJ C 0 -EL CU ,t 3 0 U) U)0) H Cl) HUi-ii0 0 U)ci) rd 4J 0 't 0rd4J CUO H Cl) I-iU) 00) .-1 0Fq 4-1 U)a) P4 A Ci) Id HO)n14J ci) 00)01rX4 P4 00 00 I I Loco HO . -. LO(N C1 (N ++ 0 0 (N H co i:i1 (1) H 0) 0Cl) t-C)c0 0C)C'N010 W0)(0tC)Cf) OD 0C4(O'- .4 cr5cf c5L6oic'i<-co10 --00LC)c'4C4 CO'j0(oC(O10 NC0'CC)LC)0) C6 CIT (A) LO (1) U)('I0()-Q) 10(0co C14 Clk Itoc5 co u) r-c0 0 (D CV)00) tD(0N.Ou'c 0)100010 00(D Nc'ILC -C) - S cC) 0)It)cc0(D) 10C)10CQ(00(0 ION.COL- (0(010 (1) (0(0.(0 CsJ ,c- cOON IOLOU)0co c10 (010'U(0 DOdoo 0(0(010(ft C0 (U S CID ON-0)ON.-Coc') (0.1-0)C0COCo 0(0L00 —U) C14 N-010• 0) 10 CO Ncqcq ct0l UiC'J(0 (0C0'C')CQ- - — e CU Cft (I) .Lcj v)(00LO La Ce) rg Cq LL .0 (00(0 co to Nt CV)— to c' - CO C' 0) • 5U c'1i fa CD Co C (ft CU 000(0 > (40) 0) CF) CO)00 a 00 It co-CThC0 C') co co Lo (0(000)9-c6 c6 cq L0C'110 11) (1)co 0 .0.Q—CJ) C •.o QIOØ 0000I-1.-z uJLLJ AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION January 11, 2016 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 1. Direction of the Proposed Ordinance Amendment Regarding Decks as an Allowable Encroachment in the Front-Yard Setbacks 2. Option of Including the Former Kohl’s Site within the Proposed Redevelopment Tax Increment District for the Southern Portion of the Opportunity Site 3. Discussion Regarding Proposed Pedestrian Bridge at Co. Rd. 81 and 63rd Avenue North as Part of the Proposed METRO Blue Line Extension Light Rail Project PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. Paperless Packets Report 2. Opportunities for Small and Diverse Businesses 3. TH 252 Corridor Study Update (January 25) 4. Opportunity Site Residential Concept 5. New Rental Dwelling License Moratorium Work Session Agenda Item No. 1 IL MEMORANDUM COUNC]IL WORK SESSIION DATE: January 11, 2016 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development .-' SUBJECT: Direction of the Proposed Ordinance Amendment Regarding Decks as an Allowable Encroachment in the Front-Yard Setbacks Recommendation: It is recommended the City Council clarify the intended direction of the proposed ordinance amendment regarding "decks" as an allowable encroachment in the front-yard setbacks. Background: At the July 22, 2013 City Council Study Session, Councilmember Lawrence-Anderson referenced an article highlighting the trend of front [yard] porches, noting some cities were modifying their setbacks to allow encroachments of porches in front yards. City Council directed staff to review the regulations and basis for front yard setbacks pertaining to front porches, and bring back for further consideration. At the February 9, 2015 City Council Work Session, Planning Staff presented a memo report and PowerPoint with subject title: "Discussion on Reduced Setbacks for Decks and Porches Located on Front of Single-Family or Two-Family Residential Dwellings". The memo and presentation contained information on the City's current setback standards and allowable encroachments, and a comparative matrix from metro-area and state-wide communities that provide varying measures of allowable encroachments for decks and porches. This memo also contained the following policy question and requested directive for Council to consider: Does the City Council wish to consider an amendment to Chapter 35- Zoning Ordinance to allow or per/nit a reduced front-yard setback or encroachment for decks and porches located in the front-yard of single-family and two-family residential dwellings? If the City Council wants to consider an ordinance amendment, staff recommends that this item be referred to the Housing Commission for comment, and to the Planning Commission for consideration and recommendation. This recoinmendcition will be brought back to the City Councilfor consideration. Upon conclusion of the presentation, the Council supported preparation of an amendment; and directed Planning Staff to present this same information to the Planning Commission and Housing Commission for further study and recommendation(s). Mission: Ensuring an attractive, clean, safe, inclusive coumlilizity 111(11 enhances the (plc/lip of life for (11/people and preserves the public trust k I IkA 0) 1iI 1IJh'A iII1SI[iJ I "MI) -11M, I *L11 ,(Skl Since the February 9th meeting, the Planning Commission was presented with information by staff or held open discussions related to this item on seven separate occasions; along with the Housing Commission addressing or discussing this issue at two separate meetings. At the November 12, 2015 meeting, the Planning Commission adopted a favorable recommendation of draft language to an ordinance amendment, which included allowing certain encroachments for decks and porches in the front yards. However, before the draft ordinance was presented to Council, city staff conferred internally, and there appeared to be some confusion and concerns regarding the addition or allowances of decks in the new ordinance language. Although the initial discussion point (from the 07/22/13 Study Session and referenced article) noted "porches" only, the Planning Commission elected to include "decks" into the study, due to the comparative language from other community ordinances, which in some cases provide allowable encroachments for both decks and porches. The Housing Commission however, appeared to only support allowances and standards towards porches. At the December 17, 2015 Planning Commission meeting, staff requested if the Commission wished to reconsider their previous November 12th recommendation, by striking out or excluding "decks" from the proposed ordinance. After considerable discussion between the commissioners and planning staff, the Planning Commission made a motion to table the matter; directed staff to forward the meeting minutes to the Council; and ask for clarification on the proposed ordinance language being studied. The Planning Commission is seeking clarification on whether "decks" should be included or considered as an allowable encroachment in the front yards. Policy Issue: Does the City Council wish to include or consider "decks" as an allowable encroachment in residential zoned front-yard setbacks? Attachments (Meeting Minutes - Excerpts only) A.07/22/13 Council Study Session B.02/09/15 City Council Work Session C.03/17/15 Housing Commission Meeting (Findings) D.11/17/15 Housing Commission Meeting E. 12/17/15 Planning Commission Meeting Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Councilmember Myszkowski stated she will be out of town from August 13-21, 2013, and unable to attend the joint meeting with the Financial Commission, Councilmember Kieven stated she visited the Centennial Park community gardens and found they were beautiful. Councilmember Kieven asked why there is no Farmer's Market this year. Councilmember Myszkowski stated it may be due to the late start of the growing season. Councilmember Kieven asked about the response to the recruitment for daytime firefighters. Mr. Boganey stated he is unsure of the response and there are several weeks remaining for that recruitment. Councilmember Lawrence-Anderson referenced a newspaper article highlighting the trend of front porches and mentioning that cities are modifying setbacks to allow construction of front porches. She encouraged the City Council to read this well-written article and consider whether the City's setback requirements should be modified to allow front porches that would enhance housing style variety, increase property values, and encourage community. The City Council agreed to discuss this topic at an upcoming Work Session. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS VANDALISM AT FIREHOUSE PARK Mr. Boganey stated the City Council had requested discussion on vandalism at Firehouse Park and whether a security camera should be installed. Director of Community Activities, Recreation and Services Jim Glasoe provided a review of activity at Firehouse Park relating to the removal of the basketball hoops in 2010 and reinstallation of one basketball hoop with activity being monitored. Past consideration also included the possible relocation of the court and recommendations to install a camera to monitor activity in lieu of relocating the court. Mr. Glasoe stated in June of 2013, the Park & Recreation Commission reaffirmed its recommendation to install a camera based upon recent activity at the park. He indicated the calls for service during March 2010 to May of 2012 averaged 2.8 per month and from June 2012 to present averaged 2.4 calls per month. Mr. Glasoe stated staff finds there are other high target areas that cameras could be deployed and as current activity does not warrant a permanent camera installation nor moving the basketball court, would recommend continued monitoring of the park. Mayor Willson noted there is no one to monitor the cameras and asked whether response time to calls is an issue. He stated there may be citizens in this area that could be asked to monitor the cameras to see if that would be a resolution. Mr. Boganey stated if those citizens monitor cameras, they could just as well monitor the park and call. He noted the activity in the park may not be a high priority to the Police Department or take precedence over other calls so there may still be a delay in response depending on other calls received. 07/22/13 -3- Mayor Willson recalled in the past years if there was an issue that residents were upset about and the staff identified as a 'hot-button' issue there have been police officers in attendance. He remembers that this technique worked well not only to maintain order in the Chambers but also to make sure all the citizens remained peaceful, Councilmember Lawrence-Anderson questioned where the exit leading out of the Chambers led. Mr. Boganey explained that the door directly to the right of the room led out into the hallway where the door to the left led directly into the public works office. He explained that both exits are on the list for possible improvements with the upgrade project. Councilmember Lawrence-Anderson would like to see the door directly behind the secretary be an exit only door rather than having entry and exit, and if the door needed to be for entry then it could possibly have a key or swipe key added. She would also like to see the addition of a panic button for the Councilmembers to press if a situation escalates. Councilmember Myszkowski concurred with the thinking of Councilmember Lawrence- Anderson recalling similar safety concerns when she served on the school board. Councilmember Graves stated that she was impartial to the safety concerns mainly because of her role in other organizations. She stated that her first thought would be how to disengage the individual or how to deescalate the situation. Mayor Willson agreed with Councilmember Graves in the thought of how to deescalate the situation but he liked the idea of also adding safety measures within a reasonable budget. Councilmember Lawrence-Anderson agreed with the Mayor and requested that staff gather pricing of all the safety measures on the list and present that to the Council. Mr. Boganey stated he could get the pricing materials as requested but reminded the Council that the ideas on the list were just what the staff brainstormed and he was not making any recommendations at this time. He also added that if any Councilmember felt unsafe at any time and requested a police officer to be present, he would work with the Police Chief to get a uniformed officer present for that meeting.' CONSIDERATION OF MODIFYING SETBACK REQUIRE ME, OF FRONT PORCHES-INITIAL FINDINGS AND COMPARISONS OF OTHER CITY• ORDINANCES, DEFINITIONS AND STANDARDS RELATED TO MODIFYING SETBACK REQUIREMENTS Mr. Boganey referred the matter to Planning and Zoning Specialist Tim Benetti who introduced the item, discussed the history, and stated the purpose of the proposed ordinance which was referred to staff at the July 22, 2014, Council meeting. Mayor Willson explained to Mr. Benetti that the pictures in the slideshow depicting the proposed changes to the ordinance were misleading because the home in the picture showed a sidewalk and boulevard, which is not the case for all residential lots. He explained that he would have liked to have seen photos depicting different rights-of-way widths that occur in the City, such as the homes that have a five-foot boulevard rather than the sidewalk depicting extra space. He 02/09/15 -3- indicated that even with the photos in question, he is supportive of having front porches added to the ordinance. Councilmember Lawrence-Anderson brought up a news article that depicted the surge of front porches on homes and how they have now become a standard practice in home building because of all the good things that they bring to the community. She stated that after hearing the presentation, her personal limit would be around eight feet, which would be enough room for chairs or rockers to be placed. Mayor Willson concurred but inquired how the wording would be placed within the ordinance because the word "porch" could be open to interpretation. He explained that they would need to make guidelines so the porch didn't become an extension of the home with walls and doors. Councilmember Lawrence-Anderson explained that in her mind, "porch" was referring to an open porch concept. Councilmember Ryan stated that after driving through the City's neighborhoods, he noticed there are quite a few homes with porches on them already that, in his opinion, bring up the value of the homes. He explained that he was in favor of allowing homeowners more flexibility on how their properties are used. Councilmember Lawrence-Anderson concurred with Councilmember Ryan and expressed the need for the Planning Commission to look at this idea, develop guidelines, and present those for Council consideration. Councilmember Graves concurred with the ideas that the Council had adding that when she lived in St. Paul, porches were one of her favorite features regarding the homes in that City because of the community they built. Mr. Benetti indicated the Planning Commission will look at this and bring it back with guidelines for a vote at an upcoming City Council meeting. ADJOURNMENT Councilmember Ryan moved and Couneilmember Myszkowski seconded to close the Study Session at 6:45 Motion passed unanimously. 02/09/15 -4- Porch Zoning Code Changes Feedback Brooklyn Center Housing Commission March 17, 2015 The following questions and comments were discussed at the March 17, 2015 Housing Commission Meeting: 1.Should front porches be allowed to encroach on the front setback? The Housing Commission agrees that front porches should be allowed to be constructed in the front setback with effective restrictions. Porches would improve housing stock and curb appeal. 2.Currently the code has a 35 foot setback for the front yard. What should be the allowed encroachment for front porches? The Housing Commission agreed that up to 10 feet closer to the street would be an acceptable distance. This would allow properties to have a functional porch that would stay within the standards of the neighborhood. 3.Should there be a maximum width of the porch? If yes how much? The Housing Commission discussed the maximum width of the porches and thought that Brooklyn Center houses typically are not narrow homes, Therefore, it is their recommendation that porches be allowed to be no wider than 15 feet or 50% of the face of the house excluding the garage, or whichever is greater. For example, if a house was 25 feet wide they could build a 15 foot porch and if a house were 32 feet wide they could build a porch that was 16 feet wide. 4.Should there be a maximum size for the porch? If so, How many square feet? The Housing Commission discussed size and thought that the regulation of setback and width would cover the front porch requirement. 5.Should a fully enclosed porch be allowed? The Housing Commission agreed that the porch should not be enclosed and could not be used as living space. 6.Should a front porch be required to have a Roof? The Housing Commission agreed that a roof should be allowed but not required for a porch. 7. Should a front porch be allowed to be enclosed with insect screens? The Housing Commission agreed that insect screen should not be allowed to screen in front porches. They felt that this would be similar to being enclosed and would take away the benefit of the porches allowing neighbors to be more connected. Co. MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR SESSION November 17, 2015 COUNCIL COMMISSION ROOM CALL TO ORDER The Brooklyn Center Housing Commission was called to order by Chairperson Johnson at 7:30 p.m. ROLL CALL Chairperson - David Johnson - Present Judy Thorbus - Not Present Kathie Amdahl - Present David Johnson - Present Leroy Houston - Present Susan Pagnac- Present Mark Goodell- Excused Also present was Staff Liaison Jesse Anderson. APPROVAL OFAGENDA There was a motion by Commissioner Amdahl and seconded by Commissioner Houston to approve the agenda as submitted. The motion passed. APPROVAL OF MINUTES There was a motion by Commissioner Amdahl and seconded by Commissioner Leroy to approve the minutes of the Housing Commission meeting on October 20, 2015. The motion passed. COUNCIL REPORT: No Council liaison report CHAIRPERSONS REPORT Chairperson Johnson reported that he attended the Council Meeting where there award for Steve Johnson was presented. Chairperson Johnson would like to discuss asking for business promotions to be used in the New Neighbor bags at a Housing Commission meeting. CURBSIDE CLEAN UP DISCUSSION Commission Liaison Anderson presented a summary of information relating to a curbside clean-up program. The city did have one curbside clean up in 2002 as a result of there being additional funds available in the HRG fund. Page 1 The curbside clean-up cost is approximately $24 per household. If this were to be conducted on an every other year basis the HRG cost added to the utility bill would be approximately $1 per month. There was a brief discussion on the Curbside clean up and all members agreed it is a program that would have value to Brooklyn Center Residents. There was a motion by Commissioner Houston and seconded by Commissioner Pagnac to approve a recommendation that the City of Brooklyn Center initiates a Curbside Clean-up program and that the Housing Commission recommends the City Council review a Curbside Cleanup program during a City Council Study Session. The housing commission directed Commission Liaison Anderson to prepare a letter to the City Manager that would request a Curbside Clean-up discussion be added to the City Council Study Session Agenda. UPDATE ON MORATORIUM ON NEW RENTAL PROPERITES AND PREDATORY OFFENDERS Commission Liaison Anderson provided an updated on Rental Properties and Predatory Offenders moratorium. Commissioner Amdahl: Asked if they were separate regulations. Commission Liaison Anderson: Yes, they are separate regulation. Chairperson Johnson: Brooklyn Center has higher number of predatory offenders and has experienced that rentals in his neighborhood seems to have a higher number of police calls. RESOURCE CARDS Commission Liaison Anderson provided an example of a resource card that could be given to people in need, to help them find emergency assistance. The Housing Commission agreed the card look good and provided good information. OTHER BUSINESS Commission Liaison Anderson had questions relating to the intent of the front porch ordinance. It was requested that the housing commission provide direction to staff relating to what a front porch should look like when being considered as an allowed encroachment. The Housing Commission reviewed different design features of front porches and agreed that a front porch should have a roof. The roof should be the same type of construction and material of the house. The roof should be integrated into the design of the entire porch. The Housing Commission also agreed that there should be maintenance standards in the new ordinance that requires the wood finishes to be maintained and not be allowed to become discolored. ADJOURNMENT There was a motion by Commissioner Amdahl and seconded by Commissioner Pagnac to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 8:20pm. Chairman Page 2 EXCERPT MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA DECEMBER 17, 2015 1.CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:02 p.m. 2.ROLL CALL Chair Randy Christensen, Commissioners John MacMillan, Stephen Schoiming, Rochelle Sweeney, Susan Tade and Carlos Morgan (arrived at 7:12 p.m.) were present, Commissioner Alexander Koenig was absent and unexcused. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. 3.APPROVAL OF AGENDA There was a motion by Commissioner Schonning, seconded by Commission MacMillan, to approve the agenda for the December 17, 2015 meeting. The motion passed. 4.APPROVAL OF MINUTES - NOVEMBER 12, 2015 There was a motion by Commissioner Sweeney, seconded by Commissioner Tade, to approve the minutes of the November 12, 2015 meeting. The motion passed. 5.CHAIR'S EXPLANATION Chair Christensen explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6.PLANNING APPLICATION ITEMS 6a) RE-CONSIDERATION OF ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING DECKS AND PORCHES AS AN ALLOWABLE ENCROACHMENT INTO CERTAIN RESIDENTIAL YARD SETBACK AREAS AND ADDING NEW DEFINITIONS OF DECKS AND PORCHES. Chair Christensen asked Mr. Benetti to give background information on why the ordinance amendment was being re-considered. PC Minutes 12-17-15 -1- DRAFT f^4 Mr. Benetti stated that Councilmember Lawrence-Anderson had originally brought the topic of discussion to light in mid-2013 by referencing an article that highlighted other cities changing their zoning codes by allowing porches to encroach into the front yards. After direction from the Council to begin study and work on the ordinance, the city staff liaison (Mr. Jesse Anderson) to the Housing Commission presented the concept to the Housing Commission in March 2015. Mi. Anderson phrased six or seven questions to the Housing Commission that only addressed porches and never mentioned decks and the Housing Commission agreed that they would like to see only porches as an allowable encroachment. Mr. Benetti stated staff added decks in the beginning phases of this study item, due in part to other cities referenced either decks and/or porches as allowable encroachments. Mr. Benetti stated the language being presented has been studied and analyzed by both the Housing Commission and Planning Commission, and the Planning Commission has conducted great discussion points and analysis with regards to allowing decks and porches - both enclosed and unenclosed. He believed that adequate language had been built into the ordinance identifying what a deck or porch could look like. Mr. Benetti continued by stating that after the last Planning Commission meeting (11/12/15), staff was preparing the recommended changes to the ordinance for the City Council's agenda, when the City Manager approached staff and asked why decks were being included, especially since the original intent seemed to focus only on porches. Staff went back to the Council and Housing Commission minutes, and discovered from the minutes that it may never have been the intent to allow decks as an allowable encroachment. The Housing Commission felt the City could keep the design of the porch compatible with the house, as opposed to a typical deck. Mr. Benetti stated that because of the original topic [title] brought up by Ms. Lawrence- Anderson, and knowing the Housing Commission was not in favor of extending allowable encroachments to decks in general, Planning Staff was requesting the Planning Commission to reconsider the draft ordinance, without reference to decks. Mr. Benetti stated that decks are still in the ordinance as an identifiable definition; and the ordinance will only apply to porches, either unenclosed or enclosed, with the intent to match the exterior architecture .of the home. Home compatibility will be vetted during the permit process. He stated that the ordinance is not the final version and if Commissioners still want decks as an option for owners, they can make that recommendation. He stated that he thinks it is important to hear every voice here tonight and that the City Council will know about the Commission's past work on decks. Chair Christensen added that the intent as he understood it was that the City is trying to bring people back to the front yards, and with that in mind he thought that the City should allow people to put decks on. He stated that there were discussions on whether or not to allow the decks to be enclosed and avoiding the additions being used as livable space. He stated that there are a lot of ramblers in the City and now with this ordinance rewritten, residents would have to redesign the entire front of their home. He sees this as a deterrent to residents given the City's demographics and the cost of a porch versus a deck. Putting all those things together, he feels that the decks should not be taken out and he is at the point of saying either the decks stay in or he is not in favor of the porches because it goes against the intent of getting residents to the front yard. He thinks the City Council should consider implementing limitations on materials used for the deck PC Minutes 12-17-15 -2- DRAFT and that staff could look at a materials list that would address their concern about the materials looking weathered. There was a motion by Chair Christensen, seconded by Commission MacMillan to recommend the ordinance as previously prepared (and recommended for approval at the November 12, 2015 meeting) with an allowance for decks. Commissioner Sweeney asked Mr. Benetti about a couple he had previously talked about and what they wanted to do. Mr. Benetti replied that they were looking at an unenclosed porch or an open deck and they were at the 35-foot setback, so he told them they could not do it at this point, but to wait until Spring because that may change with the new ordinance amendment. Commissioner Sweeney stated that the Housing Commission's decision to remove decks from the ordinance when there is already interest from the community may be counterproductive. Director of Business & Development Gary Eitel stated that he understood that the Housing Commission never wanted decks. He presented background on the intent of changing the ordinance and the City Manager's concerns, and stated that the question was who was advocating for the decks. He conveyed his concerns about ensuring that the deck would be architecturally compatible to the home. He suggested that if the Commission wanted to include decks, they should consider an architectural review committee. He stated that the Commission could ask the City Council if they want to consider adding decks to the ordinance. Commissioner Schonning stated his concern about someone puffing a "heliport" on the front of their house with shoddy materials. He thinks that there needs to be some sort of control. With what has been said by the Housing Commission and the City Council, this issue must be reconsidered because it is a good point to limit what could be put on the front of the house. He described an example of a tastefully done wraparound deck. He stated he would be concerned about giving free reign and having large decks in the front yard. After hearing that it was not the Housing Commission's intention, he feels this item deserves more discussion. Commissioner MacMillan asked if a building permit is needed for a deck. Mr. Benetti replied affirmatively. Commissioner MacMillan confirmed that the City would know in advance what the project would look like. Mr. Benetti replied affirmatively. Commissioner MacMillan stated that a deck is a lot less expensive than a porch and more affordable for residents. Mr. Benetti went over what is reviewed by a building inspector under a building permit. Chair Christensen stated that there had been discussion about the size of the encroachment and he could see how a deck could get larger, but a large deck would not be a minor undertaking and it would be reasonable to assume that appropriate materials would be used. He stated that other cities have an allowable materials list. He doesn't see a large majority of residents wanting to go PC Minutes 12-17-15 -3- DRAFT to the expense of tying a porch into their home. He thinks the Commission needs to get more clarification on what the City Council wants from the Commission because they gave the ordinance to the Commission and it appears that the Commission changed it from what they intended. He thinks front yard decks are still appropriate and he would like to see feedback on an allowable materials list including low maintenance materials. Commissioner Morgan talked about the booming housing market and that people want their property to look good. He thinks we should have faith that people won't build something ugly because overwhelmingly people want their places to look good, their property values to go up and won't jeopardize their property value. He spoke about the wonderful things that are going on in Brooklyn Center and the good changes that are taking place. He asked Chair Christensen to clarify an earlier comment. Chair Christensen stated that what he was referring to was the residents' ability to do a deck versus a porch. A deck would be a more affordable option. Chair Christensen asked if there is a difference in the assessed value of a porch or deck square footage-wise. Mr. Benetti replied that he believes it is minimal, but it would depend on the quality of the structure once it has been reviewed by a property assessor. Mr. Eitel stated that the porch would add more value to the home and that the City has architectural treatment limitations on porches, but not a lot of architectural controls. Commissioner Morgan stated that he understands the need to look at the proper materials and spoke about finding a middle ground with regard to regulations. Mr. Eitel stated that the Planning Commission would not be asking the City Council for input at this point, they would be asking the City Council for direction. Chair Christensen stated he wants the City Council to give the Commission direction and not input. Mr. Eitel stated he wants to make sure this is clear. Commissioner Sweeney asked if the City has a policy with regard to decks being built with engineered materials as some other cities do. Mr. Benetti replied that as long as the materials meet the State of Minnesota Building Code requirement, there is not much the City can say about what materials are used. He stated that a policy is guidance; whereby an ordinance is a must. If the materials are regulated by an ordinance, it must be enforced. Commissioner Morgan stated that he thinks that treated materials should be used on decks. Mr. Benetti stated that even treated materials have to be maintained. Currently, there is no treated materials limitation in place and the City can require the structure to be fixed but it cannot require a deck to be painted. PC Minutes 12-17-15 -4- DRAFT Discussion took place regarding deck materials. Chair Christensen confirmed that the amended ordinance with the decks stricken mandates that the porch must be architecturally compatible with the dwelling. Mr. Eitel challenged the Commission to show him a deck that is architecturally compatible with a house. Chair Christensen stated that an open porch format is putting a roof over a deck. Mr. Eitel stated that the roof would match the existing house. Chair Christensen asked "but the deck does not?" Mr Benetti showed Commissioners examples of decks to determine the architectural compatibility. Chair Christensen stated that if the City wants to allow an open porch format, then it should allow an open deck format. Commissioner Schonning stated that the spirit of the ordinance change was to allow for an extension of the encroachment and we are not saying you can't build a deck. He talked about having issues with large decks. Commissioner Tade asked about maximum deck sizes. Chair Christensen stated that none of the sizes were changed, only the deletion of the decks and stated that an unenclosed porch is the same as a deck with a roof. Mr. Eitel stated that the architectural compatibility would still need to be determined. Chair Christensen stated that the Commission needs direction from the City Council on what direction the ordinance is supposed to be taking because it is confused. Mr. Benetti stated that the original intent was to do porches and as we progressed in the process, decks came in and now we are at a point of trying to present something and we are being questioned about the inclusion of decks. He thinks the ordinance can be presented to the City Council with a recommendation that the Commission still wants decks as part of the ordinance. Commissioner Morgan encouraged asking the City Council for more direction Commissioner Tade asked if it could be presented that the Planning Commission does endorse the ordinance as it is with the porches and would like the City Council to consider the addition of decks as well. PC Minutes 12-17-15 -5- DRAFT Chair Christensen stated he thinks the Commission's recommendation should be that we want to include decks. Discussion took place regarding the recommendation and motion. Chair Christensen asked if the City Council said they did not want decks. Mr. Eitel replied that the February 9, 2015 heading to the Council Work Session agenda item referred to "decks and porches" but the text from the original July 22, 2013 study session did not mention "decks", it just said "porches". He thinks that it has expanded and now we are building the rationale that this is what the Commission likes. The Planning Commission has talked about the maximum distance and size and said that a deck can be put on the front of a house. The question coming back is if there are examples of architecturally compatible decks. The examples have been of higher value homes. Chair Christensen talked about making homes a higher value by the addition of decks and stated he is unsure of the Commission's directive and according to this ordinance, residents cannot have a deck. Mr. Eitel stated that residents can have anything they want as long as they meet the setback standards. This ordinance addresses permitted encroachments. He stated that if this is the Commission's wish, then staff can shape and clarify the referral. He stated that if decks are added to the ordinance, someone should be reviewing them to make sure they are complementary to the neighborhood. Chair Christensen stated that the Commission doesn't have a definition of what architecturally compatible is and he doesn't think he wants to get into that definition. He recommended that the Commission not vote for the motion put forward because he doesn't think it is going to serve us the way it was intended. Chair Christensen then called for the vote to the motion made earlier on the table (motion by Chair Christensen, seconded by Commission MacMillan to recommend the ordinance as previously prepared): Voting in favor: None And the following voted against the same: MacMillan, Morgan, Schonning, and Sweeney. The motion did not pass (0 in favor to 6 against). Motion failed Chair Christensen, Commissioners Koenig, Commissioner Tade stated she thinks that we should tell the City Council that we have had these discussions about decks and that we want to consider it. She stated she is not 100% sure that decks are a great idea, but want them in the conversation. PC Minutes 12-17-15 -6- DRAFT Commissioner Morgan talked about the importance of this issue and the difference between a policy and an ordinance. Chair Christensen stated that he is not prepared to send the ordinance forward. Mr. Benetti suggested a motion for staff to present the ordinance and discussion points up to this date to the City Council at a workshop session and ask for their direction. If the City Council directs the Planning Commission to include "decks" in the new ordinance language, then the original or similar ordinance (as presented at the November, 12, 2015 regular meeting) will be brought back to the Planning Commission for re-consideration and official recommendation. Conversely, should the City Council wish to exclude decks under this ordinance, the Planning Commission will need to re-consider a similar version of the revised ordinance presented tonight, with official recommendation forwarded back to the City Council. It was the majority consensus of the Planning Commission to accept this suggestion. There was a motion by Commissioner Tade, seconded by Commissioner Morgan to direct staff to bring language and discussion minutes up this point to the City Council for a work session item for the City Council's review and direction. Voting in favor: Commissioners MacMillan, Morgan, Schorming, Sweeney, and Tade. And the following voted against the same: Christensen The motion passed (5 in favor to 1 against). Motion passed. PC Minutes 12-17-15 -7- DRAFT Direction of Proposed Ordinance Amendment Regarding Decks City Council Work Session January 11, 2016 WS Item No. 1 July22,2013-CityCouncilStudySession:CouncilmemberLawrence-Anderson  referencedarticleoftrendbycitiestomodify/reducesetbacksallowingporchesto encroachinfrontyards;askedstafftoreviewregulationsandbasisforfrontyardsetbacks. February9,2015-CityCouncilWorkSession:Staffpresentsreportandpresentation  withsubjecttitle:“DiscussiononReducedSetbacksforDecksandPorchesLocatedon FrontofSingle-FamilyorTwo-FamilyResidentialDwellings”-includedinformation: City’scurrentsetbackstandardsandallowableencroachments;and  comparativematrixfrommetro-areaandstate-widecommunitiesthatprovide  varyingmeasuresofallowableencroachmentsfordecksandporches. Policyquestion/requestdirectiveforCounciltoconsider:  DoesCityCouncilwishtoconsideramendmenttoChapter35-Zoningtoalloworpermit areducedfront-yardsetbackorencroachmentfordecksandporches…..? CityCouncilvoicedaffirmativetothequestion-directedthemattertotheHousing  CommissionandPlanningCommissionforfurtherstudy/recommendations. November12,2015-PlanningCommissionadoptsfavorablerecommendationofdraft  languagetoanordinanceamendment,whichincludedallowingcertainencroachmentsfor decksandporchesinthefrontyards. BeforedraftordinancepresentedtoCouncil,someconcernsraisedregardingthe  addition/allowancesofdecksinnewordinance. SinceCouncildirectiveofo2/09/15-PlanningCommissionelectedtoinclude“decks”into  theirstudy,duetocomparativelanguagefromothercommunityordinances,whichin somecasesprovideallowableencroachmentsforbothdecksandporches. TheHousingCommissiononlysupportsallowancesandstandardstowardsporches.  December17,2015-PlanningCommissionwasaskedtoreconsiderrecommendation,  bystrikingoutorexcluding“decks”fromtheproposedordinance. PCtabledmatter;directedstafftoforwardthemeetingminutestotheCouncil;andaskfor  clarificationontheproposedordinancelanguagebeingstudied. Policy Issue: •Does the City Council wish to include or consider “decks” as an allowable encroachment in residential zoned front- yard setbacks? (Sample Deck Images -not included in WS Memo -are available if Council wishes to view) Deck Images Deck Images Deck Images Deck Images Deck Images Deck Images Deck Images Deck Images Deck Images Work Session Agenda Item' No. 2 MEMORANDUM COUNCIIJ WORK §ESSI{ON DATE: January 11, 2016 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development SUBJECT: Option of including the former Kohl's site within the proposed Redevelopment Tax Increment District for the southern portion of the Opportunity Site. Recommendation: It is recommended that the City Council consider providing direction to staff regarding the option of including the former Kohl's site within the proposed Redevelopment Tax Increment District for southern portion of the Opportunity Site. Background: On March 9, 2015, the EDA considered a report by LI-IB, Inc. an architectural consultant, which included the inspections and evaluations of 6 buildings with the Brookdale Square Commercial Center and the commercial building at 5939 John Martin Drive, and necessary findings relative for the future creation of a Redevelopment Tax Increment Financing District within the Opportunity Site. After considering this report and memorandum from the Springsted Financial on the TIF Laws which enabled the EDA the option of proceeding with the demolition of the structurally substandard buildings and deferring the creation of the tax increment district for up to 3 years following the demolition, the EDA adopted Resolution 2015-05 "Resolution Designating Buildings as Structurally Substandard (Opportunity Site) which provided for the following: 1.The finding that the 7 building owned by the EDA are structurally substandard to a degree requiring substantial renovation or clearance based on the LHB, Inc. report dated March 3, 2015 2.Enables the EDA to proceed with the demolition of these 7 buildings. 3.Identifies that the EDA intends to include these designated properties in one or more redevelopment or renewal and renovation tax increment financing district within 3 years after the date of building demolition on the designated property. 4.Establishes the process for determining base value of the tax increment district. 5. Authorized staff and consultants to take any necessary actions to carry out the intent of this resolution. Attached for your reference is a copy of Resolution 2015-07, the March 9, 2015 staff memorandum, and aerial photograph identifying the structural substandard buildings within the southern portion of the Opportunity Site. )lission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust MEMORANDUM COUNCIL WORK SESSION Former Kohl's Building: Lot 2, Block 2, Shingle Creek Crossing. LBH' s initial review of structurally substandard buildings included the vacant Kohl's building; but the inspections in March, 2015 found that the building conditions at that time did not meet the statutory standards necessary to determine that this building could be considered as part of the future TIF Redevelopment District. However, during the summer of 2015, the Kohl's building experienced significant defects in the exterior siding, which caused staff to request LBH to conduct a further investigation of the interior and exterior of the Kohl's building. The investigation of the damaged/exposed exterior wall, further investigation of the interior, and discovery of moisture issues resulted in LBH findings that the Kohl's building met the structurally substandard conditions and was eligible to be included in the future creation of a redevelopment tax increment district. The opportunity of including the Kohl's site as a parcel within the proposed Tax Increment District should provide a marketing tool for Mid America and an incentive for a significant renovation of the existing building or a complete redevelopment of the lot. Process for establishing a Redevelopment Tax Increment District. On January 25, 2016, the City Council will be considering a resolution calling for a public hearing on March 28, 2016 to formally consider and establish this proposed Tax Increment Financing District. Attached is a draft schedule prepared by Springsted Financial on the dates, required activities, and notices to occur prior to the March 28th public hearing. Policy Issues: Does the City Council/EDA support including the Kohl's site as a parcel within the proposed Redevelopment Tax Increment District for the southern portion of the Opportunity Site? Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust ' N r / F - R 9ç;;, 5925 ooop CL Lc 1) rt' ____ r f4:r/ , - 5900 I!I \i I !H1' 11 H r F :i \;I : I 25001 to sma - I 0 rE i95 '02501 2)075^ 15 2 / . OPPORTUNITY SITE &- ATER FORMER KOHL 'S SITE _____ City of Brooklyn Center, Minnesota Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District Opportunity Site Project March 28, 2016 —Public Hearing Date PROPOSED SCHEDULE OF EVENTS Draft: 12/7/15 Date Event I Responsible Party December - January Evaluate developer information and creation of TIF Plan City, Springsted, Kennedy & Graven Monday City Council Work Session - Project Introduction City & Springsted January 11, 2016 Monday City Council - Adoption of resolution calling for public hearing on City, Springsted, January 25, 2016 March 28, 2016 Kennedy & Graven Friday Written notice to County Commissioners - creation of Housing District Springsted February 12, 2016 (At least 30 days before the publication of the notice for the public hearing) Prior to Thursday County and School District receive impact letters and draft TIF plan.Springsted February 25, 2016 (At least 30 days prior to public hearing) Thursday Planning Commission reviews TIF and adopts resolution City, Springsted, March 17, 2016 Kennedy & Graven Thursday Publication of notice of public hearing in Sunpost Newspaper City, Springsted, March 17, 2016 (10-30 days prior to public hearing.)Kennedy & Deadline: March 9 Graven Monday City Council holds public City, Springsted, March 28, 2016 hearing and adopts resolution approving TIF Plan and TIF District Kennedy & Graven Monday Economic Development Authority City, Springsted, March 28, 2016 adopts resolution approving TIF Plan and TIF District Kennedy & Following City Council Graven After March 28, 2016 Notification to County and State of TIF Plan.Springsted Commissioner LsNswkski introduced the following resolution and moved its adoption: EDA RESOLUTION NO. 2015-05 RESOLUTION DESIGNATING BUILDINGS AS STRUCTURALLY SUBSTANDARD (OPPORTUNITY SITE) WHEREAS, under Minnesota Statutes, Section 469.174, subd. 10(d), the Economic Development Authority of the City of Brooklyn Center, Minnesota ("Authority") is authorized to deem parcels as occupied by structurally substandard buildings despite prior demolition or removal of the buildings, subject to certain terms and conditions as described in this resolution. and WHEREAS, the Authority previously acquired the property described in Exhibit A hereto (the "Designated Property") and intends to cause demolition of 7 buildings located on that property; and WHEREAS, the Authority may in the future include the Designated Property in a redevelopment or renewal and renovation tax increment financing district as defined in Minnesota Statutes, Sections 469.174, Subd. 10a, respectively, and to that end has determined to designate 6 existing buildings on the Designated Property to be substandard prior to demolition. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center as follows: 1.The Authority finds that 7 buildings located on theDesignated Property as described in Exhibit A are structurally substandard to a degree requiring substantial renovation or clearance, based upon the analysis of such building set forth in the "Report of Inspection Procedures and ResUlts for Determining Qualifications of a 'fax Increment Financing District as a Redevelopment District," dated March 3, 2015, prepared by LHB; Inc. on file in City Hall. 2.After the date of approval of this resolution, 7 buildings on the Designated Property may be demolished or removed by the Authority, or such demolition or removal may be financed by the Authority, or may be undertaken by a developer under a development agreement with the Authority. 3. The Authority intends to include the Designated Property in one or more redevelopment or renewal and renovation tax increment financing districts, and to file the request for certification of such district(s) with the Hennepin County auditor within 3 years after the date of building demolition on the Designated Property. EDA RESOLUTION NO. 2015-05 4.Upon filing the request for certification of the new tax increment financing district(s), the Authority will notify the Hennepin County auditor that the original tax capacity of the Designated Property must be adjusted to reflect the greater of (a) the current net tax. capacity of the parcel, or (b) the estimated market value of the parcel for the year in which the buildings were demolished or removed, but applying class rates for the current year, all in accordance with Minnesota Statutes, Section 469.174, subd. 10(d). 5.Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution March 9, 2015 Date President The. motion for the adoption of the foregoing resolution was duly seconded by Commissioner Kris Lawrence-Anderson and upon vote being taken thereon, the following voted in favor thereof: TimWillson, April Graves, Kris Lawrence-Anderson, and Lin Myszkowski;, and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. EDA RESOLUTION NO. 2015-05 EXHIBIT A Description of Designated Property The Designated Propeity is located within the City of Brooklyn Center, Minnesota and consists of 2 parcels described below: '-I Parcel Identification Number: 02-118-21-21-0014 Legal Description: Tract A, RLS No. 1529 Parcel Identification Number: 02-118-21-24-0020 Legal Description: Lot 1, Block 1, Brookdale Square 2ns Addition 1 ;..': -- f N \ - 'k : ;: Ao \ ri \ I •'\_ /\ / /.' c • Ir 1\ \\ fo \\ N fill ED _ _ DATE: March 9, 2015 TO: Curt Boganey, City Manager FROM: Gary Bitel, Director of Business and Development )- SUBJECT: Resolution Designating Buildings as Structurally Substandard (Opportunity Site) Recommendation: It is recommended that the Economic Development Authority consider approval/adoption of a Resolution Designating Buildings as Structurally Substandard (Opportunity Site). Background: The Tax Increment Laws provides cities and development authorities that are pursing redevelopment projects the option of determining if a project area meets the criteria necessary to qualify it as a future Tax Increment District and reserves the potential creation of a tax increment district for a period of three years! To determine whether the EDA owned properties within the Opportunity Site meet the building and site conditions necessary to establish a future tax increment district, the EDA retained the services of LHB, Inc. an architectural firm with expertise in preparing reports on building and site conditions that comply with the statutory requirements of creating a tax increment financing district. Attached for your reference is a memorandum from the City's Financial Consultant, Springsted Inc. which summarizes the following: - requirements and findings necessary for the creation of a tax increment redevelopment district, - the flexibilities that the adoption of these findings provides the EDA with respect to proceeding with the demolition of buildings and developing a financial strategy to assist in the future redevelopment of this project area.. Report of Inspections Procedures and Results for Determining Qualifications of a Tax Increment Financing District as a Redevelopment District. The attached report describes the inspection and evaluations of 6 buildings within the Brookdale Square Commercial Center and the commercial building located at 5939 John Martin Drive and includes the following conclusions relative to the creation of a redevelopment district that includes the entire southern portion of the Opportunity Site: 1. The proposed project area (TIF District) has a coverage calculation of 99.97 percent which is above the 70 percent requirement. (Diagram 2, identifies the qualifying parcels) Mission: Ensuring an attractive, clean,safe, inclusive community that enhances the quality of life for all people and preserves the public trust 2.53.8 percent of the buildings of the buildings are structurally substandard which is above the 50 percent requirement. (Diagram 3 identifies the substandard buildings) 3.The substandard buildings are reasonably distributed with the project area. (Diagram 1 identifies the project area and buildings lying south of John Martin Drive) Appendix A- Property Condition Assessment Summary Sheet. Appendix B - Building Code and Condition Deficiencies Reports, and Appendix C- Building Replacement Cost Reports, Code Deficiency Cost Reports, and Photographs are available at City Hall. Resolution Designating Buildings as Structurally Substandard (Opportunity Site) Jenny Boulton, the EDA' s TIF legal counsel with Kennedy & Graven, has prepared the attached resolution which provides for the following: 1.Finds that the 7 building owned by the EDA are structurally substandard to a degree requiring substantial renovation or clearance based on the LHB, Inc. report dated March 3, 2015 2.Enables the EDA to proceed with the demolition of these 7 buildings. 3.Identifies that the EDA intends to include these designated properties in one or more redevelopment or renewal and renovation tax increment financing district within 3 years after the date of building demolition on the designated property. 4.Establishes the process for determining base value of the tax increment district. Budget Issues: The costs associated with the building analysis and developing strategies for redevelopment options and opportunities of the Opportunity Site are funded by Tax Increment District 3.' A complete tax increment report, which includes a financial analysis, will be prepared at such time as the City/EDA decides to proceed with the creation of a new tax increment district. Strategic Priorities: Focused Redevelopment Mission: Ensuring an attractive, clean, safe, liwlusive community that enhances the quality of life for all people and preserves the public trust S p 1 , 1 S e C Sprkigsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101-2887 Tel: 651-223-3000 Fax: 651-223-3002 vA'v.springsted,com MEMORANDUM TO: Gary Eitel, Business and Development Director FROM: Tom Denaway, Assistant Vice President/Consultant DATE: March 3, 2015 SUBJECT: Brookdale Square - Resolution Designating a Building as Structurally Substandard The creation of a Redevelopment TIF District requires that specific statutory findings be made in regards to the current condition of the building(s) to be redeveloped. In order for a District to be eligible it has to be found that more than 50% of the existing buildings within the boundaries of the District are structurally substandard to a degree requiring substantial renovation or clearance. Structurally substandard is defined by statute as a building requiring modifications to satisfy building code at a cost of 15% or more of than the cost of constructing a new structure of the same square footage and type. Once a building has been inspected and found to be substandard, the City is able to adopt by resolution a finding that the parcel was occupied by a structurally substandard building and that after demolition and clearance the City intends to include the parcel within a TIF District. Adopting a resolution finding the parcel occupied by a structurally substandard building, followed by either undertaking the demolition of the building by the City itself or entering into a development agreement for its removal by a developer, allows for the parcel to be eligible for inclusion in a Redevelopment TIF District for up to three years following the demolition. This allowance by statute allows for a quicker disposition blighted buildings, without jeopardizing the ability to create a redevelopment TIF district. The demolition of the blighted buildings, following designation as structurally substandard, creates a three year window in which a Redevelopment TIF District can be created. This allows the City the flexibility to create a TIF District either in response to a specific developer proposal, or in anticipation of future private development at the conclusion of the three year window. If a redevelopment TIF District is created the City would have an additional five- years from the creation of the TIF District to enter into obligations related to the redevelopment of the site, In total from the designation as structurally substandard, the City is able to maintain a full 8-years of maximum flexibility as it. relates to the potential use of TIF assistance for the redevelopment of the site. The ability to qualify parcels as structurally substandard in advance of the creation of a Redevelopment TIF District, allows for the City to maintain maximum TIF flexibility, while also realizing the immediate benefit of removing blighted property. City Council Work Session January 11, 2016 WS Item No. 1 Properties within Opportunity Site identified as structurally substandard to a degree requiring substantial renovation or clearance (LHB, Inc. Report dated March 3, 2015) Resolution No. 2015-05EDA March 9, 2015 EDA adopted Resolution 2015-05 “Resolution Designating Buildings as Structurally Substandard (Opportunity Site) which provided for the following: The finding that the 7 building owned by the EDA are structurally 1. substandard to a degree requiring substantial renovation or clearance based on the LHB, Inc. report dated March 3, 2015 Enables the EDA to proceed with the demolition of these 7 buildings. 2. Identifies that the EDA intends to include these designated properties in 3. one or more redevelopment or renewal and renovation tax increment financing district within 3 years after the date of building demolition on the designated property. Establishes the process for determining base value of the tax increment 4. district. Authorized staff and consultants to take any necessary actions to 5. carry out the intent of this resolution. Updated LHB Report dated November 10, 2015 providing findings that the Former Kohl’s Building qualified as a structural substandard building and eligible to be included in a Redevelopment Tax Increment District. Opportunity Site & Former Kohl’s Site Policy Issue: Does the City Council/EDA support including the Kohl’s site as a parcel within the proposed Redevelopment Tax Increment District for the southern portion of the Opportunity Site? Work Session Agenda Item No. 3 k'A I ak'i (I) 1I Wh'i Ei1Ii(iJ I !'LI) 1 Si aEfb1 (SJIl DATE: January 7, 2016 TO: City Council FROM: Curt Boganey, City Manag SUBJECT: METRO Blue Line Extension LRT Project - Pedestrian Bridge Recommendation: It is recommended that the City Council consider providing direction to staff regarding petitioning Metro Transit to include a pedestrian bridge at 63rd Avenue and County Road 81. I received the attached email from Councilmember Ryan regarding the subject matter. The email suggests that the City should consider taking action in support of including a pedestrian bridge at 63rd Avenue and County Road 81. It seems obvious that inclusion of this bridge will significantly improve safety and enhance the attractiveness of this important transportation option for Brooklyn Center pedestrians and bikers. In advance of the meeting I will provide a draft letter of support for your consideration. Background: The METRO Blue Line Extension Light Rail is planned to provide transit service from HWY 610 in Brooklyn Park to Downtown Minneapolis. It will interconnect with the other light rail lines throughout the region. This leg of the project has been under review and discussion for more than 10 years. We are nearing the end of the review process for development of the final plans. It appears that benefit and safety to Brooklyn Center residents will be significantly enhanced with the inclusion of a pedestrian bridge at County Road 81 and 63rd Avenue. Policy Issues: Does the Council wish to take a formal position on the inclusion of a pedestrian bridge at 63rd Avenue and County Road 81 as part of the final Blue Line construction plans? Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ailpeople and preserves the public trust Curt Boganey From: Dan Ryan Sent: Wednesday, January 06, 2016 1:02 PM To: Curt Boganey Subject: Metro Blue Line meeting Jan 19th Hi Curt, I strongly support light rail and especially the Metro Blue Line. And I believe that the other members of the council do as well. My concern is that the proposed pedestrian bridge at Co. Rd. 81 & 63rd Ave. is not currently included in the project plans, but it presumably will be brought back to the Met Councils Corridor Management Committee. The last information on a review of this important feature for the Blue Line is that it will be taken up by the committee "early this year." A pedestrian bridge at that location will provide the connectivity necessary to satisfy the multi-modal design standard for the Blue Line that has been a guiding principle for this project and light rail generally. Last night I attended a meeting wherew I spoke with Brooklyn Park council member Rich Gates. He expressed his opinion that it would be important that Brooklyn Center express support for the pedestrian bridge at 63rd, because of the benefit provided for those who would cross at Co.Rd. 81 from the east. It could help to influence the decision to include the pedestrian bridge in the final plans. Just noticed that there is a Joint meeting with the Met Council and the Hennepin County Board, and a public hearing, for the Metro Blue Line Jan. 19th at the downtown Mpls. Public Library. I apologize for failing to notice earlier, but would it be possible for the council to consider this at a work session January 11th? If the council would support the pedestrian bridge, perhaps someone from the city, or I could make a statement before the hearing in Mpls. on the 19th. If you would prefer to call me and discuss this further, I will be at home the rest of the afternoon. Dan Ryan City of Brooklyn Center Councilmember 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Home 763-535-4177 councilmemberryanci.brooklyn-center.nm.us