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HomeMy WebLinkAbout2016 05-09 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION May 9, 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 Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center May 9, 2016 AGENDA 1. Informal Open Forum with City Council — 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at,the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. April 18, 2016 — Board of Appeal & Equalization 2. April 25, 2016 — Study Session 3. April 25, 2016 — Regular Session b. Licenses C. Resolution Establishing Improvement Project Nos. 2017-01, 02, 03, 04 and 05, Evergreen Park Area Street, Utility and Trail Improvements d. Resolution Establishing Improvement Project No. 2018-05, Brooklyn Boulevard Reconstruction and Streetscape Improvements, 49th Avenue to Bass Lake Road CITY COUNCIL AGENDA -2- May 9, 2016 7.Presentations/Proclamations/Recognitions/Donations a. Resolution Recognizing May 15 through May 21, 2016, as Police Week and May 15, 2016, as Peace Officers Memorial Day Requested Council Action: —Motion to adopt resolution. 8.Public Hearings —None. 9.Planning Commission Items —None. 10.Council Consideration Items a.Mayoral Appointment of Member to Serve on Financial Commission Requested Council Action: —Motion to ratify Mayoral nomination. b.Charter Commission Submission of Recommended Amendments to the City Charter Requested Council Action: —Motion to receive Charter Commission recommendations. —Council review and discuss amendments. —Motion to direct Staff to draft Charter amendment ordinance. 11.Council Report 12.Adjournment Agenda Items Tabled or Continued An Ordinance Amending Chapter 12, Section 12-901, of the City Code of Ordinances; Limiting the Density of Rental Housing in the City —This item was tabled at the April 25, 2016, City Council meeting to be discussed at the May 23, 2016, City Council Work Session. AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION May 9, 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 —None PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Paperless Packets Report 2.Opportunities for Small and Diverse Businesses 3.Chapter 12 Amendment Limiting the Density of Rental Housing in the City - May 23 4.Fire Department Structure 5.Centennial Park Improvements 6.Surly Darkness Day Event 7. Solar Energy Options 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 BOARD OF APPEAL AND EQUALIZATION APRIL 18, 2016 CITY HALL - COUNCIL CHAMBERS 1.CALL TO ORDER The Brooklyn Center City Council met as the Board of Appeal and Equalization and the meeting was called to order by Mayor Tim Willson at 7:00 p.m. 2.ROLL CALL Mayor Tim Willson and Councilmembers Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember April Graves was absent and unexcused. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, and Deputy City Clerk Rozlyn Tousignant. Others present from Hennepin County were Rob Winge, Principal Residential Appraiser; Kelly Jacobsson, Appraiser; Joshua Whitney, Appraiser; and Jeff Nienaber, Commercial Appraiser. 3.LOCAL BOARD OF APPEAL AND EQUALIZATION (LBAE) CERTIFICATION FORM The Local Board of Appeal and Equalization Certification form was signed by the Board Members present. 4.QUESTIONS REGARDING THE LOCAL BOARD OF APPEAL AND EQUALIZATION DUTIES A PowerPoint Presentation on the 2015-2016 Assessment Year was provided by Kelly Jacobsson, Appraiser, which included the following: - A map of the City's 5 assessment areas with the notation that the Assessor visits. This assessment year included the area located south of 65th Avenue N., north of 58th Avenue N., and north of 61st Avenue N., west of Shingle Creek Parkway to the western city limits. - Properties are evaluated and adjustments made based on comparable sales and statistical analysis of all property sales within the City that sold from October 1, 2014, through September 30, 2015. The adjustments to all commercial and industrial properties are based on market and income valuation procedures. - Each year the estimated market values are analyzed along with sales data from the market. A recalculation of land and building values were made to all property types. The results of the adjustments for the following property types are: I Residential + 4.5% 04/18/16 -1- DRAFT t Duplex +l.3% Condos +7.l% Townhouses + 8.9% Apartments + 13.8% Commercial +2.1% Industrial +5.1% - There are 8,605 taxable parcels in the City with a total market value of approximatel$l,865,330,lOO. This value includes $18,310,500 in new construction improvements.- The overall gross value increase for all property types including improvements in the City of Brooklyn Center is +6.1%. - This year's Valuation Appeals included: 30 phone calls and 15 write in appeals 12 appointments were set- The 2015 Annual Housing Market Report for the Twin Cities Metro, prepared by the Minneapolis Area Association of Realtors identifies a median price of $154,950 which is a 10.7% increase from 2014 and an 88.3% increase from 2011. There was a brief discussion regarding the Twin Cities Metro report and housing valuation trend within the City. There were no questions regarding the Local Board of Appeal and Equalization duties. 5.APPEARANCES BY TAXPAYERS WITH APPOINTMENTS There were no taxpayers with appointments scheduled for this meeting. 6.APPEARANCES BY TAXPAYERS WITHOUT AN APPOINTMENT Aleta Stevenson, 6726 5 th Street N. addressed the Board to appeal the valuation of her property, noting that she has a small home. Kelli Jacobsson, Appraiser, informed the Board that an appointment for an interior inspection has been scheduled for Friday, April 22'd and a written report and recommendation will be prepared for the May 2, 2016, Continued Board of Appeal & Equalization meeting. There was a brief discussion on the process of appealing a property value at the local board of Review, a property owner's right to continue an appeal process to the County Board and clarification that the appeal relates to property valuation and the relationship of property valuation to next year's real estate taxes. Jose Lopez, 5400 67th Ave. N. addressed the Board to appeal the valuation of his home noting that if he were to sell it, he likely would not get $152,000 because it needs a lot of remodeling. The appeals were referred to the Assessor to schedule an interior inspection, with a written report and recommendation to be considered at the May 2, 2016, Continued Board of Appeal & 04/18/16 -2- DRAFT Equalization meeting. 7. CONSIDERATION OF WRITTEN APPEALS Appraiser Jacobsson commented that the following written appeals had been received within the 10 day period prior to the Board meeting. a)Caitlin Goff representing Twin Lakes North Apartments (PID # 03-118-21-22-0025 & 03-118-21-22-0027) The property is a 276-unit apartment complex, located at 4500 5 81 Ave. N. that was valued at $17,994,000 or $65,196 per unit and includes a separate lot for the common area recreation building and management offices at 4539 58 th Ave. N. The property owner's notice of appeal on April 11th does not provide sufficient time to inspect and re-evaluate the assessment. An appraisal will be prepared prior to the County Board of Equalization meeting in June. The Assessor's recommendation is that no value change is made due to the inability to conduct interior inspections prior to the local board meeting and preserve the right to appeal to the County Board of Appeals. There was discussion on accepting the Assessor's recommendation at this time, providing the Board with a copy of the written appeal, the analysis involved in the Board's consideration of the this appeal or accepting the appeal and having it considered as part of the May 2nd Continued Board of Appeal & Equalization meeting. Member Ryan moved and Member Myszkowski seconded a motion to accept the appeal and Assessor's recommendation for consideration at the May 2, 2016, Continued Board of Appeal & Equalization meeting. Motion passed unanimously. b)Jessica Wolters representing Earle Brown Terrace, apartments/assisted living, at 6100 Summit Drive (PID # 35-119-21-44-0012) The property is the Earle Brown Terrance Apartments, located at 6100 Summit Drive which has an assessed value of $7,000,000. The property owner has provided a letter stating that she cannot attend this meeting and wishes to preserve her appeal rights. The Assessor's recommendation is that no value change is made and to preserve the property owner's right to appeal to the County Board of Equalization in June. There was continued discussion on the Board's consideration of a written appeal and receiving a written analysis and recommendation by the Assessor. 04/18/16 -3- DRAFT Member Ryan moved and Member Lawrence-Anderson seconded a motion to accept the appeal and Assessor's recommendation for consideration at the May 2, 2016, Continued Board of Appeal & Equalization meeting. Motion passed unanimously. c) Lee Yang, 6906 Grimes Ave. N. (PID # 27-119-21-34-0067) 2016 Estimated Market Value: $178,000 Appraiser Jacobsson indicated that an interior inspection of the home was completed on April 6, 2016. Analysis by the Assessor included review of the property characteristics such as age, condition, and quality of the home. A comparison grid of the subject's neighborhood was prepared that included adjustments for gross building area, overall quality, age, basement finish, fireplaces, garage size, deck, porches, and lot size. The grid resulted in a range of adjusted sales prices between $158,000 and $165,000. Based on this analysis, the Assessor and the Homeowners have come to an agreement to reduce the property value from $178,000 to $161,000. There was further discussion on the process of accepting the Assessor's recommendation at this time, the absence of a written confirmation of acceptance by the property owner, the Board's role in the appeal process, and also placing this item on the May 2, 2016, Continued Board of Appeal & Equalization meeting. Rob Winge, Principal Residential Appraiser, commented on the written appeals received for this year's meeting, the review process by the Assessor, the Board's role as the initial step in the appeal process, and the action necessary to enable a property owner to continue the appeal process to the County Board. The Board discussed referring all of the written appeals to the Assessor for review and written recommendations for the Board's consideration at the May 2, 2016, Continued Board of Appeal & Equalization meeting. Member Ryan moved and Member Myszkowski seconded a motion to accept all of the written appeals and refer them to the Assessor for review and written recommendation to be considered at the May 2, 2016 Continued Board of Appeal & Equalization meeting. Motion passed unanimously. 8. SET DATE OF LOCAL BOARD OF APPEAL AND EQUALIZATION CONTINUED BOARD OF APPEAL & EQUALIZATION MEETING There was a motion by Councilmember Ryan, seconded by Councilmember Lawrence-Anderson to set May 2, 2016, 6:00 p.m. for the Local Board of Appeal and Equalization Continued Board of Appeal & Equalization meeting. 04/18/16 -4- DRAFT Motion passed unanimously. 9. RECESS OR ADJOURN There was a motion by Councilmember Myszkowski, seconded by Councilmember Lawrence- Anderson to recess the Local Board of Appeal and Equalization at 7:40 p.m. to May 2, 2016, 6:00 p.m. Motion passed unanimously. 04/18/16 -5- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEP1N AND THE STATE OF MINNESOTA STUDY SESSION APRIL 25, 2016 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Graves requested discussion on Item 8c, An Ordinance Amending Chapter 12, Section 12-901, of the City Code of Ordinances; Limiting the Density of Rental Housing in the City, in particular how the decision was made to investigate the density of single-family rentals. City Manager Curt Boganey explained that interest was expressed by the City Council and it largely relates to a strategic goal established several years ago to encourage home ownership in Brooklyn Center. That goal was related to the fact that more and more neighborhoods were being increasingly occupied by investor held and rental properties. In addition, over the years, there has been a significant concern raised by residents about renters who may not maintain their property, hold loud parties, or other nuisance activities. Because of that, the City enacted the performance based rental program to hold the land owner more responsible and assure tenants were not creating nuisances. Mr. Boganey explained this ordinance is a tool that some communities have used. The Supreme Court decided to not overturn the ordinance, and it upheld the Winona ordinance, which has 30% threshold. Mayor Willson stated he has heard from a number of citizens worried about maintaining property values, high concentration of rentals, as well as detrimental activities. In addition, the City has aging single-family households with residents who know their neighbors, what is occurring, and are concerned about the density becoming too high. Councilmember Ryan stated he appreciates that question as this is a complex and daunting issue but in the end, the City Council needs to consider what has sustained neighborhoods in Brooklyn 04/25/16 -1- DRAFT Center and that is homeownership, but in the last 20 years there has been a higher turnover. Councilmember Ryan commented on the benefit of Neighborhood Watch groups to increase civic engagement. He stated another issue is that the typical rent charged for a single-family home is about $1,430, which is based on the Section 8 voucher rate, but can be as low as $1,250 to in excess of $1,600 per month. Councilmember Ryan reviewed the mortgage calculation based on a $135,000 home, including principle and interest, taxes, and a minimum down payment would equate to an $857/month house payment, much lower than the rental rate. Mayor Willson stated the $1,400 rental figure is close to ownership once you add escrow, taxes, and other expenses. He stated the Council, by consensus, has directed staff to look into rental densities and report their findings. Now it is up to the City Council to determine if they want to take action. Mayor Willson stated if the court case referenced had a different outcome, the City Council wouldn't be able to consider this regulation. He has had enough constituents ask the City Council to look into this issue over the past four years, which brought the Council to this point. Councilmember Graves cautioned about making generalized comments on the type of people renters are as they may also have desire to become involved and engaged in their community. She stated she understands the benefit of homeownership but thinks that access to home ownership isn't equitable if they don't have enough money to obtain a mortgage loan. Councilmember Graves supported addressing that issue, to assist with home ownership by offering programs like a Home Stretch Workshop. Councilmember Myszkowski stated she has concern, given the conversations she has had with people over the past five years, that oftentimes judgments are tainted by bias towards renters and rental properties. She stated while engaging residents, they have expressed concern with rental properties based on the property's appearance. Councilmember Myszkowski commented on the importance of code enforcement so it is not obvious which homes are being rented. She noted the financial position of Millennials who come out of college with debt may be more interested in renting than buying a home, so the City needs to assure it remains a great place to start and a great place to stay. She stated if enforced, she thinks the City may have more rental properties than are currently licensed. Mr. Boganey stated while there may be some, it would be many fewer than before the City increased its efforts to identify rental properties. Councilmember Ryan referenced several studies and noted the long-term benefit of home ownership is being able to net considerable savings as rental rates increase over time and the ability to build net worth. Councilmember Ryan agreed some of the issues relating to home ownership need to be addressed at the State or Federal level as it is beyond the City's ability. Mr. Boganey stated the primary intent of the ordinance is to preclude a neighborhood or census block from reaching a 'tipping point.' That is the fundamental issue. He stated West St. Paul has had a 10% maximum density limit in place for 15 years and indicated they have not received significant pushback. The West St. Paul ordinance allows issuing a provisional license under certain criteria. He reported that West St. Paul feels their ordinance has been successful and beneficial in maintaining single-family neighborhoods. 04/25/16 -2- DRAFT Mr. Boganey stated the proposed 30% threshold is much higher, and the vast majority of Brooklyn Center's blocks are significantly under 30% so property owners will still be able to convert their homes for rental. He doubted this ordinance will have an immediate impact on that situation or ability for people to find a property to rent in Brooklyn Center. Mr. Boganey stated there is recent history of a substantial escalation in the number of homes converted from owner- occupied to renter-occupied due to the economy and increasing property values. But relative to other locations in the metro area, the affordability of Brooklyn Center homes keeps the City attractive for investors so there will continue to be pressure to convert owner-occupied properties to renter-occupied. Mr. Boganey stated the point of the ordinance is to ask at what point in a neighborhood are there enough or too many. Mayor Willson stated another issue is corporations that own multiple rental properties that, keeping their bottom line in mind, are contesting the tax rate on rental property. He noted this is a disturbing trend as lowering property valuations results in lower taxes being paid and fewer dollars for the City to operate. Councilmember Graves stated if the ordinance is adopted, there could be more vacant homes as they could not be converted to renter-occupied and property values could be affected by regulating the rental license as well. She asked if Brooklyn Center is a hospitable City in which to live, noting she takes issue with the citations for long grass as residents own the property and should be able to do what they want. Councilmember Graves agreed there is the need for balance to be hospitable while also assuring neighborhoods in which residents want to live. Councilmember Myszkowski asked whether the City is finding that the current rental license program is not as effective or have rentals outgrown the City. Mr. Boganey stated this ordinance consideration is not in response to thinking the current ordinance is ineffective. He stated the ordinance does only one thing for sure and that is keeps any given block from getting beyond what is a reasonable ratio between owner-occupied and renter-occupied. He explained that while there are exceptions, on average there are more maintenance issues and police calls to renter- occupied properties. Councilmember Myszkowski referenced a recent newspaper article that described the cost and amenities of a Brooklyn Center home. She thinks people are feeling more comfortable with the economy but at the same time, hopes homeowners do not feel stuck if there is another housing depression. Mayor Willson stated it comes back to the constituents asking the City to look into this issue. Councilmember Ryan referenced a research paper that indicated no agreement on the ideal ratio at which point renter-occupied houses relative to owner-occupied homes becomes excessive but that is a social experiment he does not want to take place in Brooklyn Center. He stated his intent to support the ordinance to avoid a high concentration of renter-occupied houses within a census block. Mayor Willson stated additional considerations are the City's high concentration of poverty, individuals who are poor, all four schools being segregated, and the push of Level III sex 04/25/16 -3- DRAFT offenders to Brooklyn Center. He stated if there is another real estate market meltdown, the City could have blocks of homes that are not maintained. Councilmember Graves asked about the number of complaints received as she has not seen it. Mayor Willson stated she has not served on the Council for the past three to four years but he has been asked by a significant number of constituents for the City to look into the rental density situation. Mr. Boganey stated generally speaking, when the City exercises its police powers with a rental property, the standard typically is to hold the owner to minimal standards. The City cannot require above and beyond minimal standards of health, safety, and welfare. Mr. Boganey explained staff does encourage homeowners, but the City cannot require beyond the minimum standards. Mayor Willson stated that is the same situation with owner-occupied homeowners. Mr. Boganey agreed but noted there is incentive when owner-occupied to go beyond the minimum to increase livability and the value of the property. That incentive is not the same with rental properties. Mayor Willson stated another question is the standard of housing stock the City wants in Brooklyn Center. April 11, 2016, Regular Session Minute Correction Councilmember Ryan requested the following correction to the Regular Session minutes of April 11, 2016: Page 6, 2nd Paragraph, 1st Line: "Ivan Lui, Executive Director of the Brooklyn Bridge Alliance for Youth, presented..." It was the majority consensus of the City Council to accept the correction to the April 11, 2016 Regular Session minutes. MISCELLANEOUS None. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:45 p.m. 04/25/16 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 25, 2016 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, Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Carla, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Informal Open Forum at 6:45 p.m. Motion passed unanimously. 2.INVOCATION As the Invocation, Councilmember Myszkowski read a quote from Hubert Humphrey. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City 04/25/16 -1- DRAFT Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Deputy Director of Building and Community Standards Jesse Anderson, Fire Chief Lee Gatlin, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6.APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Graves moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Regular Session minutes of April 11, 2016, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.April 6, 2016— Joint Session with City Advisory Commissions 2.April 11,2016—Study Session 3. April 11, 2016 - Regular Session 6b. LICENSES MECHANICAL CB Mech, LLC Corval Group Friendly Heating and Air Conditioning Inc Infinity Heating & Air Conditioning LLC 7 Metro Heating and Air Conditioning Modern Heating & A/C PB Services Select Mechanical Services 15658 150th Ave, Foreston 1633 Eustis Street, St. Paul 13050 Arthur Street, Rogers 1017 Meadowwood Dr, Brooklyn Park 609 150 th Ave NE, Ham Lake 2318 First Street NE, Minneapolis 9410 Bataan Street, Blame 6219 Cambridge Street, St. Louis Park RENTAL RENEWAL (TYPE III— one-year license) Brookside Manor, 1300 67th Avenue N.Roger and Elizabeth Family Properties, LLC (Passed with Weather Deferral) 3806 Eckberg Drive (Passed with Weather Deferral)Jesus Preciado 5547 Humboldt Avenue N. (Passed with Weather Deferral)Steven Saporn 4207 Lakeside Avenue, 4336 Tamara Carlson (Missing CPTED initial and follow- up, and CFH cert) 04/25/16 -2- DRAFT RENEWAL (TYPE II— two-year license) 2208 69th Avenue N. 1712 71st Avenue N. 1900 Brookview Drive (Passed with Weather Deferral) 6638 Camden Drive 6031 Colfax Avenue N. (Passed with Weather Deferral) 5935 Dupont Avenue N. 3913 France Place (Passed with Weather Deferral) 5410 Girard Avenue N. (Passed with Weather Deferral) 6130 Scott Avenue N. RENEWAL (TYPE I— three-year license) 5306 Russell Avenue N. 90757 th Avenue N. 2925 69th Lane N. 6730 Perry Avenue N. (Passed with Weather Deferral) 6913 Toledo Avenue N. (Passed with Weather Deferral) 5907 Xerxes Avenue N. SIGN HANGER Signation Sign Group VEO Sign LLC Maisha Giles Brent Berg Invitation Homes Gal Peremislov Steven Sapom Gina Dumas Betty Mae Nelson Douglas Allen Wahl Invitation Homes Donna Reinarz David LaFavor Svetlana Tsurkan Thinh Nguyen Fred Hanus Dragon Property Management 6840 Shingle Creek Pkwy, Brooklyn Center 6353 Martin Ave NE, Otsego 6c.RESOLUTION NO. 2016-57 AMENDING AND RE-ESTABLISHING CITY PURCHASING POLICY 6d.RESOLUTION NO. 2016-58 ADOPTING AMENDMENTS TO THE FINANCIAL POLICIES SECTION OF THE BROOKLYN CENTER CITY COUNCIL CODE OF POLICIES 6e.APPROVING MEETING SCHEDULE FOR 2017-2018 BUDGET 6f.RESOLUTION NO. 2016-59 AUTHORIZING AN AMENDMENT TO A SITE LEASE AGREEMENT WITH SPRINT SPECTRUM REALTY COMPANY L.P. 6g. RESOLUTION NO. 2016-60 APPROVING AMENDMENT TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION BY-LAWS 04/25/16 -3- DRAFT Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a.BROOKLYN CENTER UNIVERSITY LEADERSHIP ACADEMY GRADUATION Mayor Willson stated he takes great pride in the citizens who go through this program to learn more about Brooklyn Center. City Manager Curt Boganey stated the department heads enjoy sharing information with the students about Brooklyn Center. He explained this program is an initiative of the City Council to engage residents to learn more about the City and it has been met with positive results. Mayor Willson presented certificates of completion to the following graduates of the Brooklyn Center Leadership Academy: Janet Arntsen, Chris Haroldson, Timothy Haroldson, Jack MacMillan, and Sheilah Miller. It was noted that graduates Mawuli Blabuh, Janet Parrish, and Barbara Wacek were not present. Mayor Willson asked the graduates to spread the word about Brooklyn Center University. 7b.PROCLAMATION DECLARING MAY 15-21, 2016, TO BE PUBLIC WORKS WEEK IN THE CITY OF BROOKLYN CENTER Mayor Willson read in full a Proclamation Declaring May 15-21, 2016, to be Public Works Week in the City of Brooklyn Center. Councilmember Ryan moved and Councilmember Graves seconded to adopt a PROCLAMATION Declaring May 15-21, 2016, to be Public Works Week in the City of Brooklyn Center. Motion passed unanimously. 7c. RESOLUTION NO. 2016-61 RESOLUTION IN SUPPORT OF HEART SAFE BROOKLYN CENTER Fire Chief Lee Gatlin displayed a video depicting a hockey player who experienced Sudden Cardiac Arrest (SCA) and was saved through bystander Cardiopulmonary Resuscitation (CPR) and use of an Automated External Defibrillator (AED). He provided an overview of the Heart Safe Program and goal to educate and train citizens in CPR, SCA, and the use of an AED and to raise money to place AEDs in locations throughout the City. Coon Rapids Police Officer Bryan Platz and Director of its Heart Safe Program, stated they have trained 15,000 people over the last 3.5 years at zero cost to the taxpayers. He emphasized the importance of educating the public to take action to extend the victim's window of survivability. Officer Platz reviewed the schools and organizations that have received this training and offered 04/25/16 -4- DRAFT to assist Brooklyn Center in establishing a Heart Safe Program to save lives. He asked the City Council, as the elected officials and City leaders, for their support. Bill Hoppenrath, the SCA survivor whose life was saved, described the importance of education so bystanders will take immediate action. It was announced that CPR and AED training will be offered on May 9 and May 23. In that effort, the Brooklyn Junior and Senior High Schools will receive the first Heart Safe designation in the State of Minnesota. Fire Chief Gatlin asked for the City Council's support to start a Heart Safe Program and become a Heart Safe Community. Mayor Willson asked if the first minute is the crucial time. Officer Platz stated the focus is to teach bystanders to take immediate action because it increases survivability to 85% and after three minutes there is a loss of brain function. Brooklyn Center Secondary School Principal Carly Jarva stated why she was excited to bring this Program to their school to give students these tools and knowledge as they already have the instinct to immediately respond in an emergency situation. She invited members of the City Council to attend either training date. Mayor Willson stated his support of this Program and asked that the training dates and times be provided to Mr. Boganey. Councilmember Graves asked about continuing education and if the certification needs to be renewed yearly. Officer Platz explained this is a program of accredited training with medical oversight, not certification, and training will be ongoing. Councilmember Graves stated her support for this Program. Councilmember Myszkowski thanked Chief Gatlin for bringing this Program to the City. Following a question from an audience member, Officer Platz offered to answer questions of the audience outside of the Council Chambers. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2016-61 in Support of Heart Safe Brooklyn Center. Motion passed unanimously. 7d. RESOLUTION NO. 2016-62 EXPRESSING RECOGNITION AND APPRECIATION TO LEE GATLIN FOR OVER 13 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLY CENTER City Manager Curt Boganey stated it is an honor to recognize and thank Fire Chief Lee Gatlin for his service to Brooklyn Center. 04/25/16 -5- DRAFT Mayor Willson read in full a Resolution expressing recognition and appreciation to Fire Chief Lee Gatlin for his 13 years of service to the City of Brooklyn Center. The audience responded with a round of applause. Mayor Willson, Councilmembers Myszkowski, Ryan, and Graves expressed their appreciation and thanks to Chief Gatlin for his excellent job, for diligently shepherding the Fire Department, and wished him well in his retirement. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2016-62 Expressing Recognition and Appreciation to Lee Gatlin for over 13 Years of Dedicated Service to the City of Brooklyn Center. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2016-04 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 City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance amendment. It was noted this item was first read on March 28, 2016; published in the official newspaper on April 7, 2016; and, is offered this evening for Public Hearing. Planning and Zoning Specialist Tim Benetti provided a PowerPoint overview of the ordinance amendment relating to decks and porches and allowing encroachment into certain residential yard setback areas. He explained this amendment would not limit the height of flagpoles. Mr. Benetti explained the amendment and presented the recommendation of the Planning Commission for approval. Councilmember Ryan clarified the City has never restricted flagpoles or display of the American Flag. Mr. Benetti confirmed that is correct and he had responded to the resident who raised the question. At the request of Mr. Boganey, Mr. Benetti explained the general purpose for this amendment began with Councilmember Lawrence-Anderson's desire to bring residents to their front yards to become better acquainted with their neighbors. Mr. Benetti explained that prior to this ordinance amendment, constructing such a porch required approval of a variance, which can be difficult to obtain. Because of that, the Planning Commission reviewed the option of an ordinance amendment to allow a front yard encroachment under certain circumstances to allow the construction of a deck or porch. The City Council acknowledged this amendment will serve as a social motivator for neighbors to become better acquainted and also will improve the home value. 04/25/16 1 -6- DRAFT Councilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. No one appeared to speak to the City Council. Councilmember Myszkowski moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2016-04 Amending Chapter 35, Section 35-400 and Section 35-900 of the Brooklyn Center City Code of Ordinances, Respectively. Motion passed unanimously. 8b. RESOLUTION NO. 2016-63 AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS MULTIFAMILY HOUSING REVENUE BONDS (SANCTUARY AT BROOKLYN CENTER PROJECT), SERIES 2016; ADOPTING A HOUSING PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND RELATED DOCUMENTS; PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE BONDS; AND GRANTING APPROVAL FOR CERTAIN OTHER ACTIONS WITH RESPECT THERETO Finance Director Nate Reinhardt introduced the item, discussed the history, and stated the purpose of the proposed resolution to provide funding for The Sanctuary at Brooklyn Center, LP to construct 158 affordable multifamily senior assisted living rental units at 6121 Brooklyn Boulevard and cover administrative costs to issue the bonds. He described the $27 million bond process, noting the bonds will be sold in private placement to accredited investors, typically institutional investors. The City of Brooklyn Center has no obligation for the issuance of the bonds and doing so will not institute a charge, lien, or encumbrance, legal or equitable, upon any property of Brooklyn Center. It will also not affect the City's credit rating. The total administrative fee that the City will receive for the issuance is approximately $110,500. It was noted this item was first read on March 28, 2016; published in the official newspaper on April 7, 2016; and, is offered this evening for Public Hearing. Mayor Willson asked about the request from the Minnesota Fair Housing Agency regarding loan assistance for this property. City Manager Curt Boganey explained at an early presentation there was discussion the developer hoped to benefit from a federal law that would reduce their costs, as it is located in a qualified census tract. However, it was determined that was not an option. 04/25/16 -7- DRAFT Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. Greg McClenahan, Evergreen Real Estate Development Corporation, introduced himself as a multi-family and assisted living facility developer. Andy Aulde, SCA Properties, thanked the City Council for its support and stated they look forward to getting this project underway. He indicated that City's staff has been a pleasure to work with. Mayor Willson stated having a senior housing project has been discussed for years, as there is a need to keep the City's aging population within Brooklyn Center. Councilmember Ryan stated this project illustrates the fact that the City is not opposed to affordable housing and supports a full spectrum of housing for its residents. Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION No. 2016-63 Authorizing the Issuance, Sale, and Delivery of Its Multifamily Housing Revenue Bonds (Sanctuary at Brooklyn Center Project), Series 2016; Adopting a Housing Program Pursuant to Minnesota Statutes, Chapter 462c; Approving the Form of and Authorizing the Execution and Delivery of the Bonds and Related Documents; Providing for the Security, Rights, and Remedies with Respect to the Bonds; and Granting Approval for Certain Other Actions with Respect Thereto. Motion passed unanimously. 8c. AN ORDINANCE AMENDING CHAPTER 12, SECTION 12-901, OF THE CITY CODE OF ORDINANCES; LIMITING THE DENSITY OF RENTAL HOUSING IN THE CITY City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. It was noted this item was first read on March 28, 2016; published in the official newspaper on April 7, 2016; and, is offered this evening for Public Hearing. Deputy Director of Building and Community Standards Jesse Anderson provided a PowerPoint overview relating to the background of this consideration, summarized the conditions, rental density and percentages for Ri and R2 properties within a census block, noting 7 census blocks exceed 30% and 35 census blocks exceed 20%. Mr. Anderson displayed a map depicting the location of rental densities. He then provided an overview of the proposed ordinance that would set the density limit at 30%, define a neighborhood, allow exceptions under certain circumstances, and allow for a one-year temporary rental license. Mr. Anderson reviewed 04/25/16 -8- DRAFT potential benefits and costs and stated if adopted, it would be effective on June 4, 2016, following publication. It was noted the moratorium expires on May 21, 2016. Councilmember Ryan stated the actual percentage of single-family rental units is about 10.5%. Mr. Anderson confirmed that was correct. Mayor Willson referenced the letter from Kennedy & Graven and asked how this relates to the density being set at 30%. City Attorney Troy Gilchrist advised that all local ordinance decisions have to be done reasonably based on the facts presented. He noted staff has done a good job in pulling together information for the City Council's consideration and the setting of the percentage is a policy decision of the City Council. Mr. Gilchrist stated if greater restrictions are imposed, it may increase the chance of challenge. It is his opinion that staff has presented everything needed for the City Council to make this policy decision. Mayor Willson reviewed the District Court and the Minnesota Court of Appeals ruling in Winona's favor in the Dean v. City of Winona lawsuit, finding the Winona ordinance was an authorized and constitutional exercise of Winona' s police powers. It was noted the Supreme Court ruled in Winona' s favor by dismissing the lawsuit but declined to address the validity of the ordinance. Mayor Willson stated Winona followed up four years later to determine if the ordinance was effective, and should Brooklyn Center adopt such an ordinance, he supported doing the same. Councilmember Ryan noted only 7 out of 391 census blocks have a greater concentration of rental housing than 30%, so there is opportunity for additional rental in other census blocks. Councilmember Graves asked why there are more rentals on those seven census blocks, such as being closer to public transit. Mr. Anderson stated he has not seen a strong consistency between those seven census blocks. Councilmember Myszkowski asked whether there is a profile or demographic information on renters of single-family dwellings. Mr. Boganey stated he is not aware of that information. He explained no current rental properties or renters will be impacted by this ordinance as they are grandfathered. The impact would be on current homeowners who wish to convert their property to rental. Councilmember Graves stated it had been mentioned earlier that the City can only enforce to the minimum standards. She asked if there is a number set on the police calls at a property for renewal consideration. Mr. Boganey explained there is consideration of excessive and verified police activity, which can change the classification of the rental license. Councilmember Graves stated she is interested in the complaints received from residents who wanted this considered, thinking they may have lived within these seven census blocks. Mr. Anderson stated rental complaints are most often from tenants about their landlords or about code violations but location of calls asking the City to consider density thresholds has not been tracked. Mayor Willson stated he also did not track the location of calls he received relative to considering density thresholds. 04/25/16 -9- DRAFT Councilmember Ryan referenced the pie chart depicting types of rental licenses, noting the lower number of shorter-term licenses may be indicative that there is a lower number of landowners who do not perform well with the inspection criteria. Mr. Anderson stated that is correct and some are repeat 6-month license terms. Councilmember Ryan stated he hopes this ordinance allows the City to better manage those rental properties that consume excessive City services. Mayor Willson commented on the benefits of the current performance rental license program and stated he finds this will be another tool to deal with density of rental properties on a given census block. He stated his support to move this forward, noting the Millennial generation will be looking for quality rental housing. In addition, if the City does not take action, he is concerned with the potential future impact should there be another real estate downturn. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. David Evanson, 771 69th Avenue N., developer and licensed real estate agent, addressed several unintended consequences that may result from a density restriction including the impact to Millennials who oftentimes do not purchase homes due to school debt, diminishing the interest of investors to purchase and renovate foreclosed/distressed property, need to disclose this restriction when writing a purchase agreement, collusion between neighbors to 'rent' to a relative to remain below the 30% threshold, and increase in vacant homes that are vandalized. He opined the City cannot improve things by taking away people's rights and if there are not full rental rights as with other cities, it raises the question whether additional rights will also be taken impacting ownership in Brooklyn Center. Mr. Evanson suggested a license restriction rather than an ordinance consideration. The City Council discussed the current seller's market and low inventory in Brooklyn Center of 48 homes for sale with only 3 being over $200,000, real estate trends towards rental apartments, and the City's Opportunity Site that is targeted towards Millennials to balance out the City's housing stock. Discussion was also held on the potential impact of the City's image for homebuyers, noting however, it has improved with the demolition of Brookdale, creating of a trail system, and other amenities that make Brooklyn Center attractive for first time buyers or single ownerships. Mr. Boganey and Mr. Evanson discussed the potential impact on resale values and ability to sell when a density requirement is established. Mr. Evanson felt one block does not determine the entire neighborhood and if that were to happen, the City already has an existing rental license ordinance and lease mechanisms can get rid of undesirable tenants. Mr. Boganey stated it seems city government would be concerned about crossing that density saturation tipping point. Mr. Evanson stated the issue is determining where that tipping point is. The City Council discussed the average rent for a single-family house rental. 04/25/16 -10- DRAFT Anthony Sanders, Senior Attorney at the Institute for Justice, Minnesota office, stated he had submitted a letter asking the City Council to vote against this ordinance. Mr. Sanders addressed census data indicating over 77% of people own the home they live in, but for African Americans it is as low as 25% and for Hispanics it is as low as 50%. He confirmed these are State of Minnesota statistics and not based on Brooklyn Center's census. Mr. Sanders commented on the legal challenge of the Winona ordinance, noting his law firm had represented the homeowners and his involvement had taught him that renting is normal and part of human society. He suggested that the proposed ordinance results in telling someone they can't make money by renting their home and saying to the person who now cannot rent, that they are a second-class citizen, as they can't afford to purchase a home. He asked the City Council to think twice before voting on this ordinance. The City Council discussed the impact of instituting a rental density threshold and income disparities, that it takes pride in the City's diversity, and understands the need to institute carefully crafted housing policies so unintended consequences do not occur. The City Council also discussed the concern expressed at Truth in Taxation meetings by corporations that own large numbers of single-family home rentals on the tax value of those homes. Mr. Sanders stated West St. Paul has a 10% density rule so his clients won't look at those foreclosed homes for investment because on some blocks, the density limit has been reached. With regard to corporations increasing rent rates as a result of supply and demand, forcing out lower-income citizens, Mr. Sanders did not think the issue was who owned the home. The City Council acknowledged that renters will need more than a minimum wage job to rent a single-family property and the only thing this ordinance will guarantee is a certain number of rentals on a census block. Pat Paulson, realtor and Past President of the Minneapolis Area Association of Realtors, addressed the cyclical nature of the real estate market, which is currently up streaming. He recalled the 2008 housing crisis and suggested the proposed ordinance will limit options for those who may find themselves in foreclosure or need the rental income to supplement their retirement. Mr. Paulson offered to work with the City to encourage home ownership. The City Council discussed the practice of redlining, or steering certain homebuyers to Brooklyn Center because of its large affordable housing stock, which is a violation of the Fair Housing Act. Mr. Boganey thanked Mr. Paulson for his offer to work with the City, noting one of the City Council's strategic goals is to increase home ownership. He stated should the ordinance pass, the City would focus on the seven census blocks where the 30% density has been reached and determine paths available to encourage home ownership and lower that density. The City Council continued its discussion of the 2008 housing crisis and the practice of redlining, noting often involves a disparity in the types of loans offered to minorities as compared with Caucasians within the same income class. 04/25/16 -11- DRAFT Steve Hoem, realtor, addressed his concerns to provide housing options for all, noting Minnesota has the honor of leading the country in home ownership and also having the biggest disparity in home ownership for people of color. He stated it is tragic to take away a property right in how homeowners can use and enjoy their homes and for a renter who wants to live in a single-family home. Mr. Hoem urged the City Council to celebrate the City's amenities by attracting residents and punishing landlords through an ordinance but not punishing renters. He noted another unintended consequence would be someone in the military who cannot rent their house while deployed. Julia Parenteau, Vice President of Public Affairs, Minneapolis Area Association of REALTORS, stated the bottom line is that people of color are more likely to be renters than homeowners so an ordinance that impacts the supply of rentals will drive up rent rates and have a disproportion impact on those more likely to be renters. She stated while it is not the City's intent to impact those communities, intent does not matter and if impacting a protected class, it is a violation of the Fair Housing Act. Ms. Parenteau described the dropping of house values in West St. Paul and in St. Paul around St. Thomas when rental density restrictions were enacted, noting there is no demonstration where the tipping point impacts the City's stability. Rather, stability is a result of the City's ability to enforce its codes. Ms. Parenteau addressed the City's median home prices, Minnesota homeowner percentages based on race, and roughly estimated that in Brooklyn Center that would equate to 12,000 people identified as white living in a home they or a relative own and 5,700 people of color living in owner occupancy. She also addressed the illegal practice of redlining, and stated in her 15 years of involvement with the Minneapolis Area Association of REALTORS, not a single case has been brought to them as a fair housing complaint. Ms. Parenteau encouraged the City Council to think about the problem trying to be solved and whether there is a more equitable way to solve it. She offered to be a partner for education, to facilitate home ownership, and programs to get people financially stable to become homeowners. Councilmember Myszkowski moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowski asked whether the City's insurance would cover a legal challenge. Mr. Boganey stated generally speaking, the City has broad insurance coverage including errors and omissions and general liability and as long as the City Council is acting within the scope of its authority, there is probably coverage. Mayor Willson asked whether the outcome of the lawsuit against Winona is a precedence considered by the court. Attorney Gilchrist stated it would be looked at. He explained this is a unique situation with rulings generally in favor of the City and the Supreme Court dismissing the lawsuit. Attorney Gilchrist stated there are no guarantees but Winona was defended through the League by their primary defense firm. As far as this case, if challenged, he is not overly concerned about that potential. 04/25/16 -12- DRAFT Councilmember Graves stated she is curious about the reasons or causes of elevated code violations and police calls for renter-occupied properties and whether it is a result of a renter not knowing about the City's ordinances. Mr. Boganey stated the Rental Ordinance specifies confirmed violations that count against a rental license but this is a broader data set of calls for service that goes beyond the Rental Ordinance. Mr. Boganey stated when the moratorium was established, it was with the intent to find the facts, not to find the facts to support a particular outcome. Staff could confirm two data sets (calls for service by the Police Department and code enforcement violations) that showed significant disparities between owner-occupied and renter-occupied properties. Calls for service were calculated where the Police Department responded to that residence. Councilmember Ryan stated his concern relating to suppression of housing values and options for veterans. He asked if there should be a provision for an additional extension of the one-year conditional license. Councilmember Ryan stated the City Council may need more data on the issue of home value suppression. Mayor Willson asked if the City Council should extend the consideration to allow additional time for analysis. He stated if there is data available that may sway a decision; he does not want to rush to a decision. Mr. Boganey stated the City Council can disapprove the ordinance, approve the ordinance as written, or table action and request additional information/analysis. If additional information is requested, he recommended scheduling a Work Session to determine the type of additional information needed. Mayor Willson noted that Councilmember Lawrence-Anderson is absent tonight and he would like to hear how she would weigh in on this issue so he leans towards more time. He agreed a Work Session discussion would be needed to identify the metrics and data sets. Mayor Willson stated the City Council heard compelling arguments tonight and he would like the opportunity to also hear from landlords about those issues. In addition, there could be more community involvement. Councilmember Ryan stated there is a short supply of homes for sale so if this action were deferred in lieu of further study, he would not expect there to be many more homes converted to rental during that time. Mr. Boganey agreed a month delay will not impact the number significantly. Councilmember Ryan moved and Councilmember Graves seconded to table consideration of Ordinance Amending Chapter 12 of the Brooklyn Center City Code; Amending Section 12-901, limiting the density of rental housing in the City. Motion passed unanimously. The consensus of the City Council was to schedule a Work Session the second meeting in May for further discussion. 04/25/16 -13- DRAFT 9.PLANNING COMMISSION ITEMS None. 10.COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process used to consider Type IV 6-Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items lOal through 100. lOal. 1510 69TH AVENUE NORTH 10a2. RESOLUTION NO. 2016-64 APPROVING A TYPE IV RENTAL LICENSE FOR 3000 62ND AVENUE NORTH 100. RESOLUTION NO. 2016-65 APPROVING A TYPE IV RENTAL LICENSE FOR 5700 CAMDEN AVENUE NORTH 10a4. RESOLUTION NO. 2016-66 APPROVING A TYPE IV RENTAL LICENSE FOR 5131 HOWE LANE 10a5. RESOLUTION NO. 2016-67 APPROVING A TYPE IV RENTAL LICENSE FOR 6753 HUMBOLDT AVENUE NORTH 10a6. RESOLUTION NO. 2016-68 APPROVING A TYPE IV RENTAL LICENSE FOR 6765 HUMBOLDT AVENUE NORTH 10a7. RESOLUTION NO. 2016-69 APPROVING A TYPE IV RENTAL LICENSE FOR 6013 ZENITH AVENUE NORTH Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 1510 69th Avenue North; RESOLUTION NO. 2016-64 Approving a Type IV Rental License for 3000 62nd Avenue North; RESOLUTION NO. 2016-65 Approving a Type IV Rental License for 5700 Camden Avenue North; RESOLUTION NO. 2016-66 Approving a Type IV Rental License for 5131 Howe Lane; RESOLUTION NO. 2016-67 Approving a Type IV Rental License for 6753 Humboldt Avenue North; RESOLUTION NO. 2016-68 Approving a Type IV Rental License for 6765 Humboldt Avenue North; and, RESOLUTION NO. 2016-69 Approving a Type IV Rental License for 6013 Zenith Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 04/25/16 -14- DRAFT lOb. AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE OF ORDINANCES RELATING TO FIRE PREVENTION City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance to address housekeeping items. It was noted this item is offered tonight for first reading and to set second reading and Public Hearing for May 23, 2016. Fire Chief Lee Gatlin provided an overview of the proposed amendments. Mayor Willson stated there is good morale in the Fire Department and pride in being a volunteer department. Chief Gatlin reviewed the paid tasks and noted the only thing not paid is responding to fire calls, but a pension covers that. Councilmember Graves stated the word 'volunteer' may be a detriment for recruiting as it is probably thought firefighters are not paid. Mr. Boganey stated another potential consequence is some equate 'volunteer' with not being 'professional.' Chief Gatlin completed review and explanation of the proposed revisions, noting the City's Charter references the name Brooklyn Center Fire Department. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve first reading of an Ordinance Amending Chapter 5 of the Brooklyn Center City Code; Amending Section 5-100, relating to Fire Prevention and set second reading and Public Hearing for May 23, 2016. Motion passed unanimously. 11.COUNCIL REPORT Due to the late hour, the City Council decided to forego their reports. 12.ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City Council meeting at 10:18 p.m. Motion passed unanimously. 04/25/16 -15- DRAFT City Council Agenda Item No. 6b [iII1IJ[SJ I fl k' I ak"i 0] 1I 1Ik'A I DATE: May 2, 2016 TO: Curt Boganey, City Manager FROM: Rozlyn Tousignant, Deputy City Clerk'<' SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on May 9, 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. AMUSEMENT DEVICE Metro Coin of Minnesota, Inc. Brooklyn Center Community Center FIREWORKS [TEMPORARY] TNT Fireworks Cub Foods MECHANICAL Forced Air One Liberty Comfort Systems Majestic Custom Heating & Air Midwest Maintenance & Mech North Suburban Heat & Air Servin Plumbing & Heating LLC Yale Mechanical MOTOR VEHICLE BB Motor Sales, LLC BB Motor Sales, LLC BCV Motors, LLC dba Luther Brookdale Volkswagen Brooklyn Park Motors, Inc. Metro Brookdale LLC R.L. Brookdale Motors, Inc. 14940-B 28" Ave N, Plymouth 6301 Shingle Creek Parkway 4003 Helton Drive, Florence, AL 3245 County Road 10 2690 109th Lane NW, Coon Rapids 627 East River Rd, Anoka 8800 Royal Ct, NW, Ramsey 750 Pennsylvania Ave S, Golden Valley 19066 Jasper NW, Anoka 24752 705th Ave, Dassel 220 W 81st Street, Bloomington 430168' 'Ave N 6701 Brooklyn Boulevard 6801 Brooklyn Boulevard 6700 Brooklyn Boulevard 7235 Brooklyn Boulevard 6800 Brooklyn Boulevard Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for alipeople and preserves the public trust Sitiii[ii I I ak'A LA I a (I) 1I I1IJYÀI 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+umts0-09 5,- Type II —2 Year 1-2 units Greater than 1 but not more than 4 [Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1 5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 374 units 0-0.25 ...____ 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 34 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust —_ID — - 00 000 0 0 00 000 —--—----------z a) o 0 zt 0 00 00 Lfl t N l Lr)C a)U —a)____ 0—J 00 EC = 00 : COI U CO E NJ C 0)D DC uj0)a-1 U)0 E 0)0 -C 0E .0CO = 0)0 I 0L)E o • —a)oE_.C )I c. C CW Lr)C 0)(0 U 4-'4-'0oC < C C C I o a)o - u 4 -'-C Ov)0)04 '5 °'-50).0 > ___.CvCG)a)CO> aiU) II -CO_(O(0(O (0(0 (0(0 (O(O(Oaj- U) CO U)(V 0)0)0)0)0)0)0)0)0)a)—> xCCCCCCCCCCC C COl- CO. C= °-'a)cu 0)4-' a)0)0. o 'E E E E E E E >- -E (0(0(0(0 (0(0 (0(0 (0 m (0 C LI-LI-Li.Li.LI-LI-Li.Li.LI-LI-Li.LI-C CO U)LI-0)0)0)0)0)0)0)Q)QU)QJ a) 0 '-0)Oba-J 0); C C C C C C C C C C C C - 0)Cci) 00 Cc-a 0 Z N 0)VCC CGi ZU)>U)Z -- 00= L z >> < <0)4><<Lfl0)30)0) U 0) C 0)C<0 c:U)U)>0)<C>+-'CO ,CCo -D (1)Li. ci) C0(0 - CE E CO a) — N Ln 2 0)O ,Cl)0U)CO (1) 0 '-1c-oO u I ..j.iZ 1.0 1.0 N N c-1 Lfl m N cn H N N N0000-i t tDN mm N0N-N 1I__I* CL U=* *NLI)NN -1 IctIfl N1.0 01.0 c-Ir-NLr)(.0 to i--st-N * * * City Council Agenda Item No. 6c COUNCIL ITEM MEMORAN]UM DATE: May 3, 2016 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer $J SUBJECT: Resolution Establishing Improvement Project Nos. 2017-01, 02, 03, 04 and 05, Evergreen Park Area Street, Utility and Trail Improvements Recommendation: It is recommended that the City Council approves the resolution establishing Improvement Project Nos. 2017-01, 02, 03, 04 and 05, Evergreen Park Area Street, Utility and Trail Improvements. Background: In 2017, the City will be entering the 24th year of its long-range street and utility rehabilitation program, referred to as the Neighborhood Street and Utility Improvement Program. The program has consisted of a systematic rehabilitation and/or replacement of the City's aging infrastructure. This program has included the reconstruction of public streets, replacement of deteriorating water and sanitary sewer facilities and the construction of new storm sewer and drainage facilities. In addition, other neighborhood improvements are often considered as part of the projects, including park and lighting improvements, landscape improvements and traffic control improvements. In accordance with the City's Capital Improvements Plan (CIP), the area referred to as the Evergreen Park Area is programmed for improvements in 2017 (see attached map for specific street locations). At this time, staff requests that the City Council establish this street and utility improvement project so investigative engineering work may begin. The Evergreen Park Area Street, Utility and Trail Improvements project area consists of approximately 16,996 feet. The area consists of approximately 214 residential properties (RI to R5). The project is expected to include complete replacement of the existing 6" to 10" water main, complete replacement of existing sanitary sewer, complete replacement of the storm drainage system and construction of a storm water treatment facility in the project area. Improvements also include the construction of a sidewalk/trail system along Camden Avenue, 72nd Avenue and 70th Avenue, and an improved crosswalk at the intersection of Camden/70th Avenues identifid in the 2013 Safe Routes to School Planning study for the Evergreen School non-bus area. Typically, in order for a project to be completed within a specified calendar year, preliminary ( design must commence almost one year in advance. This includes initiation of the public notification and participation process that consists of informing affected property owners; ?iission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserees the public heist [EI1IJ[i1 I fl I V aILYA L'A I ahYA (I) 1WI aIKYi I conducting field surveys; at least one public informational meeting; and an extensive amount of information and data collection. Initial design also includes detailed technical engineering work, underground infrastructure inspections and assessments and soil/geotechnical investigations. Upon authorization by the City Council, the following actions would take place: o Collect data, including field surveys, review traffic counts and review maintenance records. Evaluate project in accordance with the City's Complete Streets Policy. Conduct storm sewer system and water main distribution system analyses. Conduct televised inspections of the sanitary and storm sewers and soil/geotechnical investigations. Conduct a public informational meeting in the fall of 2016 to present initial findings to the neighborhood and to gauge public interest in the improvement project. Prepare a feasibility report for review by the City Council. The City Council could then consider setting a date for a project hearing. To date, the City has completed 88.2 miles of local street and utility reconstruction since initiating the Neighborhood Street and Utility Improvement Program. This represents approximately 84 percent of the total local roadways within Brooklyn Center. Budget Issues: The Evergreen Park Area Street, Utility and Trail Improvements project is identified in the City's CIP with a preliminary project cost estimate of $11,814,000. The estimated cost for preliminary field work, preparation of a project feasibility report and design is $255,000. Strategic Priorities: Key Infrastructure Investments I''Jissioii: Ensuring an attractive, clean, safe, inclusive coinimm it j' that enhances the quality of life for al/people and preserves the pub!! c trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2017-01, 02, 03, 04 AND 05, EVERGREEN PARK AREA STREET, UTILITY AND TRAIL IMPROVEMENTS WHEREAS, the City's Capital Improvement Program identifies specific streets for proposed infrastructure improvements in 2017; and WHEREAS, the City Council has reviewed the scope of proposed improvements for the Evergreen Park Area; and WHEREAS, the City Council desires to begin the process of information gathering and solicitation of public comments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.Improvement Project Nos. 2017-01, 02, 03, 04 and 05, Evergreen Park Area Street, Utility and Trail Improvements are hereby established. 2.Staff is directed to begin field work, contact property owners in the neighborhood to obtain comments and input and hold public informational meetings for property owners in the neighborhood where improvements are proposed. 3. The City Engineer shall prepare a project feasibility report for review by the City Council in the fall of 2016. 4, Estimated project costs for preliminary field work, geotechnical - investigations and sewer televising costs are as follows: COST AMOUNT Preliminary Design and Plan Prep.$165,000 Televising $ 5,000 Field Survey $ 32,000 Geotechnical Investigation $ 18,000 Storm Sewer system analysis $ 26,000 Watermain system analyses $ 9,000 Estimated Costs Total $255,000 RESOLUTION NO. REVENUES Sanitary Sewer Utility Fund Water Utility Fund Storm Sewer Utility Fund Street Reconstruction Fund Estimated Revenues Total AMOUNT $ 47,000 $ 61,000 $ 45,000 $102,000 $255,000 May 9, 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. Evergreen Park Area Improvements 2017 The Evergreen Park project area extends from Humboldt Avenue to State Highway 252 and from 69th Avenue to 73rd Avenue. Dupont Avenue is not included in the project area. The total project length is 16,996 feet. The neighborhood consists of approximately 214 residential properties (R.1 to R5). Streets 701 Avenue is designated as a Municipal State Aid Route. Most of the streets in the project area were originally constructed between 1963 and 1966. Existing streets are generally 30 feet wide with no curb and gutter. 70th Avenue from Dupont Avenue to Hwy 252 has co rete curb and gutter and ranges 1n size from 30 to 65 feet wide, 70th Avenue was constructed in 1982. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is fair to poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The Evergreen Park project area contains a complex water main system. This area contains five municipal wells and one water tower. The existing water main ranges in size from 6-inch diameter cast iron pipe to 30-inch steel pipe. The main line water main in the residential areas generally consists of 6-inch cast iron pipe installed between 1961 and 1965. A majority of the existing water main is believed to have a cement based internal liner. There is a history of water main breaks along 72 Avenue, Woodbine Lane and Camden Avenue. Water records indicate 23 main breaks have occurred within the neighborhood, and 10 properties have experienced frozen water service in past winters. The current project estimate assumes replacement of the older 6-inch to 10-inch cast iron water main. Sanitary Sewer The sanitary sewer in the project area consists of 8-inch diameter vitrified clay pipe (VCP) installed in 1961 and 15-inch reinforced concrete pipe installed in 1960. The south portion of the project area contains 8-inch diameter VCP installed in the 1958 and 1960. Approximately 25 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an animal basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as fair. The current cost estimate includes complete replacement of the sanitary sewer. Storm Sewer A majority of the storm water runoff from the project area is conveyed to the Mississippi River. Emerson Avenue, Bryant Avenue and Camden Avenue have storm drainage systems that flow to 70th Avenue. and then to the Mississippi River. The trunk line on 7 01 Avenue consists of pipe ranging in size from 42-inch to 66-inch reinforced concrete pipe installed in 1960. The current project cost estimate assumes complete reconstruction of the existing storm system in the project area. The condition of the trunk storm sewer pipe along 70th Avenue will be evaluated to determine the remaining serVice life. The project estimate includes complete storm sewer replacement and construction of a storm water treatment facility to treat regional storm water runoff prior to discharging to the Mississippi River. Street Lighting The existing street light system is overhead power, with wood poles and a cobra head light fixture. The current cost estimate includes replacing the 20 wood poles with 20 fiberglass poles with a decorative rectilinear fixture and underground power. Project Summaries P a g e 118 2016-2030 Capital Improvement City Council Agenda Item No. 6d [i1i1IJ[iJ IN V V MA U'A I DL'A [I) t1WI lPk'A I DATE: May 3, 2016 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Establishing Improvement Project No. 2018-05, Brooklyn Boulevard Reconstruction and Streetscape Improvements, 49th Avenue to Bass Lake Road Recommendation: It is recommended that the City Council approves the resolution establishing Improvement Project No. 2018-05, Brooklyn Boulevard Corridor Project Phase 1 (49 th Avenue to Bass Lake Road). Background: The City completed the Brooklyn Boulevard Corridor Study in 2013 to guide the reconstruction and redevelopment of this corridor. This project consists of Project Nos. 1, 2, 4, 5, 6, 6A and 7 as identified within the Corridor Study (see attached map). Brooklyn Boulevard from Bass Lake Road to the southerly City limits (49th Avenue) is a Hennepin County roadway (County Road 152) under their jurisdiction. As identified in the City's Capital Improvements Plan (CIP), the Brooklyn Boulevard Corridor Project Phase 1 (49th Avenue to Bass Lake Road) is programmed for improvements in 2018. The proposed reconstruction and streetscape improvements will improve roadway safety, enhance traffic operations, reduce access points and provide improved bicycle and pedestrian facilities for a 1.3-mile segment of the corridor in Brooklyn Center between 49th Avenue and Bass Lake Road (County Road 10). The project will enhance bicycle and pedestrian travel by adding a trail, improving sidewalks, transit stops, adding streetscaping and landscaping and improving the functionality of intersections with modified turn lanes. Typically, in order for a project with federal funds to be completed within a specified calendar year, preliminary design must commence almost two years in advance. This includes initiation of the public notification and participation process that consists of informing affected property owners; conducting field surveys; at least one public informational meeting; and an extensive amount of information and data collection. Initial design also includes detailed technical engineering work, underground infrastructure inspections and assessments and soil/geotechnical investigations. Upon authorization by the City Council, the following actions would take place: Prepare a Project Memoranda (PM) or Environmental Assessment (EA) as required by Federal Highway Administration (FHWA) regulations. Preliminary Design and Final Design. Easement Identification and Acquisition Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust SIS1IMIJ I fl V V Dk'A UL'A I MYA (I) 1'WI $1IJhYA I At this time, staff requests that the City Council establish this roadway and streetscape improvement project and to proceed with the preliminary design, environmental documentation, easement acquisition and final design work. Budget Issues: The Brooklyn Boulevard Corridor Project is identified in the City's CIP and the updated preliminary project cost estimate is approximately $15,000,000. Federal funding through the Surface Transportation Program has been awarded to the City and County for this project in the amount of $7,420,000 and the remaining project costs are to be funded from local funding as part of the required cost share. The local partnership and proportions are to be determined in the future but are anticipated to include Hennepin County funding, Three Rivers Park District funding and City funding. The estimated cost for preliminary field work, preparation of a project memoranda/environment assessment and design is $1,000,000. Hennepin County has $809,000 budgeted in 2016 for this work and the City would be responsible for the remainder of the engineering and design work, estimated to be $191,000. City funding is programmed under the City's Capital Improvements Fund. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive coInn,unij' 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 ESTABLISHING IMPROVEMENT PROJECT NO. 2018-05, BROOKLYN BOULEVARD RECONSTRUCTION AND STREETS CAPE IMPROVEMENTS, 49TH AVENUE TO BASS LAKE ROAD WHEREAS, the Brooklyn Center City Council approved the Brooklyn Boulevard Corridor Study as a planning and development guide for the corridor under Resolution 2013-60; and WHEREAS, the City received a federal aid grant in the amount of $7,420,000 to participate in the Brooklyn Boulevard Corridor improvements, programmed for a 2018 construction; and WHEREAS, Hennepin County has designated $3,831,000 as part of the County's Capital Improvement Program to participate in the Brooklyn Boulevard Corridor improvements; and WHEREAS, the City's Capital Improvement Program identifies the Brooklyn Boulevard roadway and streetscape improvements from 49 th Avenue to Bass Lake Road to be constructed in 2018; and WHEREAS, the City Council desires to proceed with the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.Improvement Project No. 201 8-05, Brooklyn Boulevard Corridor Project Phase P (49th Avenue to Bass Lake Road) Improvements is hereby established. 2.Staff is directed to proceed with preliminary design, environmental documentation, easement acquisition and final design as required to meet the Federal Aid Project requirements. 3. Estimated project costs for preliminary field work, preliminary design and final design are as follows: COST AMOUNT Preliminary Design and Final Design $1,000,000 Estimated Costs Total $1,000,000 RESOLUTION NO. REVENUES AMOUNT Capital Improvements Fund $ 191,000 Other Funds (Hennepin County) $ 809,000 Estimated Revenues Total $1,000,000 May 9, 2016 Date Mayor ATTEST: City Cleric 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. P F- 0 Co0 ci C Co CD 0 0) 0) U- 0) 0) CC)10 N- C,) 0 -c Co CD I 0) OZ)C,) N- Co 0 0) 0 .: Brooklyn Boulevard Concept Layout Brooklyn Boulevard Project City of Brooklyn Center Roadway Reconstruction / Modernization Application Note: A free right at the TH 100 south bound ramp will be included, which is not reflected in this figure.Fvre Job // L 11/6/2014 City Council Agenda Item No. 7a [i[,1Uc.J I fl I N k"A LA I ak'4 (I) UflhiJk'A1 DATE: March 31, 2016 TO: Curt Boganey, City Manager FROM: Tim Gannon, Chief of Police' SUBJECT: Observance of Police Week and Peace Officer Memorial Day Recommendation: It is recommended that the City Council resolve to observe May 15, 2015 as Peace Officers Memorial Day; and the week of May 15 through May 21, 2016 as Police Week. Background: Congress and the President of the United States has designated May 15 1h as Peace Officers Memorial Day, and the week in which it falls as Police Week. Observance of Police Week and Peace Officers Memorial Day will help recognize our Brooklyn Center Police Department and other law enforcement agencies, as well as officers who died or were disabled in the line of duty. Budget Issues: There are no budget issues to consider. Strategic Priorities: 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 RECOGNIZING MAY 15 THROUGH MAY 21, 2016, AS POLICE WEEK AND MAY 15, 2016, AS PEACE OFFICERS MEMORIAL DAY WHEREAS, the Congress and President of the United States has designated May 15 as Peace Officers Memorial Day, and the week in which it falls as Police Week; and WHEREAS, the members of the law enforcement agency of Brooklyn Center play an essential role in safeguarding the rights and freedoms of the citizens of Brooklyn Center; and WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities of their police department, and that members of our police department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, the police department of Brooklyn Center has grown to be a modem and scientific law enforcement agency which unceasingly provides a vital public service. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the citizens of Brooklyn Center and all patriotic, civil and educational organizations be called upon to observe the week of May 15 through 21, 2016, as Police Week with appropriate ceremonies in which all of our people may join in commemorating police officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. FURTHER, be it resolved that all citizens of Brooklyn Center be called upon to observe Sunday, May 15, 2016 as Peace Officers Memorial Day in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty. May 9, 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 i1BJ(SJ I fl I aIhYA UYA I IYA (I] 1tI WJh'A I DATE: May 2, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk I'W SUBJECT: Mayoral Appointment of Member to Serve on Financial Commission Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of Jeffrey Dobbs, 5311 Camden Avenue North, to the Financial Commission to fill the vacancy created by Steve Landis with term to expire December 31, 2018. Background: The Financial Commission is composed of a chairperson and six members. There is one vacancy on the Commission. Notice of vacancy on the Commission was posted at City Hall and the Community Center and on the City's website and aired on Cable Channel 16 continuously since August 17, 2015. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. A copy of the application received was forwarded to City Council Members via e-mail on May 4, 2016. Attached for City Council Members only is a copy of the application received: Jeffrey Dobbs 5311 Camden Avenue North The applicant was notified that his application for appointment would be considered at the May 9, 2016, City Council meeting. Mayor Willson recommends appointment of Jeffrey Dobbs. As previously requested by the City Council, the City Advisory Commission Bylaws are not included in the materials but can be found on the City's website at www.cityofbrooklyncenter.org . The membership roster is also available at this site and in the City Council Reference Book. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust City of Brooklyn Center Financial Commission. Geographical Distribution (Chairperson and Six Members) Current Members May 2, 2016 Neighborhoods ;Ai1ica*t(s) i::.::: Current Members Southeast Jeffrey Dobbs Dan Schueller James Schulz Northeast I I Anna Burke Northwest West Central I . Dean Van Der Werf Central Rex Newman Teneshia Kra Southwest One vacancy City Council Agenda Item No. lOb [i1IJ[iJ IU I I 3k"4 I3 I Mh'A (IJ i1SJ I DATE: April 27, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 4mm 4 SUBJECT: Charter Commission Submission of Recommended Amendments to the City Charter Recommendation: It is recommended that the City Council receive the Charter Commission recommendation to amend the City Charter and consider directing Staff to prepare an ordinance for City Council consideration. Background: On April 26, 2016, Charter Commission Chair Mark Goodell transmitted to City Manager Curt Boganey amendments to the City Charter as recommended by the Charter Commission. The amendments are to Sections 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06, and 5.10, changing the terminology "regular municipal election" to "municipal general election" to be consistent with State Statute terminology relating to elections. Under Minn. Stat. §410.12 Subd. 7, the City Council may enact a charter amendment by ordinance. If it is the direction of the City Council, we will prepare an ordinance for consideration within 30 days of Council receiving these recommendations. Adoption of said ordinance requires unanimous approval of all Council Members to become effective. Budget Issues: There are no budget issues to consider. Mission: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public trust BROOKLYN CENTER HOME RULE CHARTER COMMISSION April 25th, 2016 Curt Boganey City Manager City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 Re: Transmittal of Recommended Amendments to the City Charter Dear Ms. Boganey: The purpose of this letter is to transmit to the Brooklyn Center City Council proposed amendments to the Brooklyn Center City Charter. The enclosed recommended amendments are being forwarded for consideration for adoption by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7 and Section VIII(B)(3)(a) of the Charter Commission's Rules of Procedures ("Rules"). Each of the recommended amendments was accepted by a 2/3 affirmative vote of the actual membership (with never less than eight affirmative votes) of the Charter Commission as required by Section VIII(B)(1) of the Rules and are being transmitted as separate recommendations the City Council may act on individually or jointly. The Charter Commission understands the City will draft one or more ordinances as needed to address the recommended amendments and will act on them within the timelines established in Minnesota Statutes, section 410.12, subdivision 7. Please feel free to contact me if there are any questions or if you would like me to provide additional information regarding the Charter Commission's reasons behind the recommended amendment. Sincerely, 4kl ^- #r-^ Mark Goodell Chairperson Enclosure - Recommended Amendment #1 BROOKLYN CENTER HOME RULE CHARTER COMMISSION RECOMMENDED CHARTER AMENDMENTS The Brooklyn Center Home Rule Charter Commission hereby transmits the following recommended amendments to the City Charter for consideration and action by the City Council by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7. The following are presented as separate recommendations that the City Council may act on individually or jointly as it determines is appropriate. Recommended Amendment #1 Sections 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06 and 5.10 of the City Charter of the City of Brooklyn Center are hereby amended to change the terminology of "regular municipal election" to "municipal general election". Updates are detailed in the following: 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 municipalmunicipal general 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. Section 3.01. COUNCIL MEETINGS. The City Council shall hold regular meetings at such time and place as it by motion shall determine. Officers elected at the time of a regular municipalmunicipal general election provided for by this charter shall be sworn in and assume the duties of the office to which they were elected on or after the first business day of January, or at the first City Council meeting in January, or as soon thereafter as practical. Officers elected at a special election shall be sworn in and assume the duties of office to which they were elected on any business day or at any City Council meeting after the issuance by the City Clerk of the Clerk's certificate of election. Newly appointed Council members shall take the oath of office and assume the duties of office upon appointment, or on any business day, or at any Council meeting after being appointed. The Mayor or any two members of the Council may call special meetings of the Council upon at least twenty-four (24) hours? written notice to each member of the Council. Such notice shall be delivered personally to each member or shall be left at the member's usual place of residence with some responsible person. All meetings of the Council shall be in compliance with the Minnesota Open Meeting Law, and any records thereof shall be made available at all reasonable times. Section 4.01. THE REGULAR MUNICIPALMUNICIPAL GENERAL ELECTION. A regular municipalmunicipal general election shall be held on the first Tuesday after the first Monday in November of even-numbered years at such place or places as the City Council may designate. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected and such other matters to be voted upon by posting in at least one public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.02. PRIMARY ELECTIONS. On Tuesday, at least six (6) weeks in advance of the municipal generalregular municipal election, there shall be a primary election for the selection of two nominees for each elected office at the municipal generalregular municipal election unless no more than two nominees file for each elective office. [City Clerk's Note: Minnesota Statutes, Section 205.065, Subd. 1 provides that a municipal primary for the purpose of nominating elective officers may be held in any city on the second Tuesday in August of any year in which a municipal general election is to be held for the purpose of electing officers.] When two vacancies exist on the Council and the number of candidates is more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1) public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.06. WRITE-IN CANDIDATES. A candidate for city office who wants write-in votes for the candidate to be counted must file a written request with the filing officer for the office sought no later than the seventh (7th) day before the general municipalmunicipal general election or special election. The filing officer shall provide copies of the form to make the request. Section 4.07. CANVASS OF ELECTION. The Council shall meet and canvass the election returns between the third (3rd) and the tenth (10th) day after any regu1afgieral, primary or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the true vote for each candidate, with an indication of those who were elected or nominated; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected or nominated of their election or nomination. In case of a tie vote, the Council shall determine the result by lot. The City Clerk shall be the final custodian of the ballots. Section 5.04. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any ordinance shall consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of registered voters equal to at least five per cent (5%) of the total number of registered voters at the time of the last municipal generairegular municipçi4 election. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall be in substantially the following form: Section 5.05. FILING OF PETITION AND ACTION THEREON. All the signature papers shall be filed in the office of the City Clerk as one instrument. Within five (5) days after the filing of the petition, the City Clerk shall ascertain by examination, the number of registered voters whose signatures are appended thereto and whether this number is at least five per cent (5%) of the total number of registered voters at the time of the last municipal generalcgular municipal election. If the Clerk finds the petition insufficient or irregular, the Clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reasons for such finding. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the Clerk shall so notify each member of the committee of that fact and file the petition as an official City record. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the Council from referring the ordinance to the voters at the next regular general or special election. Section 5.06. ACTION OF COUNCIL ON PETITION. When the petition is found to be sufficient, the City Clerk shall so certify to the Council at its next regular meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute, and the Council shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or Council shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed ordinance shall be submitted by the Council to a vote at the next municipal generalregul-ar municipal election, but if the number of signers of the petition is equal to at least fifteen (15) per cent of the total number of registered voters at the time of the last municipal generalregular mupal election, the Council shall call a special election upon the measure. Such special election shall be held not less than thirty (30) nor more than forty-five (45) days from the date of final action on the ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no final action; but if a regular-genera1 election is to occur within three (3) months, the Council may submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the City Clerk within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to the voters. Section 5.10. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by qualified registered voters of the City equal in number to ten (10) per cent of the total number of registered voters at the time of the last municipal general regular municipal election is filed with the City Clerk requesting that any such ordinance be repealed or submitted to a vote of the registered voters, the ordinance shall thereby be prevented from going into operation. The Council shall thereupon reconsider the ordinance at its next regular meeting, and by a majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council shall immediately order a special election to be held thereon, or submit the ordinance at the next municipal generalregular municipal election, pending which the ordinance shall remain suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it shall not become effective; but if a majority of the voters favor the ordinance, it shall go into effect immediately or on the date therein specified. Submitted to the City this 25' day of April 2016. BY THE CHARTER COMMISSION Mark Goodell, Chairperson Mary O'Connor, Secretary