7:00 p.m th Avenue North REGULAR COUNCIL MEETING AGENDA #29

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1 Monday, August 8, 2016 Brooklyn Park Council Chambers 7:00 p.m th Avenue North REGULAR COUNCIL MEETING AGENDA #29 If due to a disability, you need auxiliary aids or services during a City Council Meeting, please provide the City with 72 hours notice by calling or faxing Our Mission: Brooklyn Park, a thriving community inspiring pride where opportunities exist for all. Our Goals: Strong Neighborhoods Adapting to Changing Demographics Public Safety Financial Sustainability Community Image Focused Redevelopment and Development GREETINGS TO THE CITY COUNCIL I. ORGANIZATIONAL BUSINESS 1. CALL TO ORDER/ROLL CALL/PLEDGE OF ALLEGIANCE 2. PUBLIC COMMENT AND RESPONSE 7:00 p.m. Provides an opportunity for the public to address the Council on items which are not on the agenda. Public Comment will be limited to 15 minutes (if no one is in attendance for Public Comment, the regular meeting may begin), and it may not be used to make personal attacks, to air personality grievances, to make political endorsements or for political campaign purposes. Individuals should limit their comments to three minutes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Public Comment 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. 2A. RESPONSE TO PRIOR PUBLIC COMMENT 2B. PUBLIC COMMENT 3A. APPROVAL OF AGENDA (Items specifically identified may be removed from Consent or added elsewhere on the agenda by request of any Council Member.) 3B. PUBLIC PRESENTATIONS/PROCLAMATIONS/RECEIPT OF GENERAL COMMUNICATIONS 3B.1 Resolution Acknowledging Contributions to the City of Brooklyn Park A. RESOLUTION 3B.2 Oromo Week Proclamation A. PROCLAMATION II. STATUTORY BUSINESS AND/OR POLICY IMPLEMENTATION 4. CONSENT (All items listed under Consent, unless removed from Consent in agenda item 3A, shall be approved by one council motion.) Consent Agenda consists of items delegated to city management or a commission but requires council action by State law, City Charter or city code. These items must conform to a council approved policy, plan, capital improvement project, ordinance or contract. In addition, meeting minutes shall be included. 4.1 Authorize Contract with Intermediate School District 287 to Provide a School Resource Officer for the School Year A. RESOLUTION B. CONTRACT 4.2 Approve Plans and Specifications and Order Advertisement for Bid for Meadowwood Court Pond, CIP A. RESOLUTION B. LOCATION MAP C. PRELIMINARY CONSTRUCTION PLANS

2 4.3 Authorize Entering into an Agreement with Karges Faulconbridge, Inc. for Engineering Services for HVAC Modifications, Phase III, at the Water Treatment Plant A. RESOLUTION B. PROPOSAL LETTER 4.4 Resolution Authorizing the Replacement and Funding of an Armored SWAT Vehicle A. RESOLUTION 4.5 Reschedule the September 6, 2016 City Council Work Session to August 29, 2016 The following items relate to the City Council s long range policy making responsibilities and are handled individually for appropriate debate and deliberation. (Those persons wishing to speak to any of the items listed in this section should fill out a speaker s form and give it to the City Clerk. Staff will present each item, following in which audience input is invited. Discussion will then be closed to the public and directed to the council table for action.) 5. Public Hearings 5.1 FIRST READING of Temporary Family Health Care Dwelling Opt Out Ordinance Amendment A. ORDINANCE B. STATUTE 5.2 Public Hearing for Vacation of Right of Way and Drainage and Utility Easements on Lot 18, Block 2, Island View Park A. RESOLUTION B. PROPOSED EASEMENT VACATION AREA 6. Land Use Actions None 7. General Action Items 7.1 Commitment to Provide Funding for Road and Utility Network North of TH 610 A. RESOLUTION B. PROPOSED ROAD NETWORK III. DISCUSSION These items will be discussion items but the City Council may act upon them during the course of the meeting. 8. Discussion Items 8.1 Discussion on Water Curb Stops Located Outside of the Right of Way A. JUNE 6, 2016 COUNCIL PACKET ITEM STREET RECONSTRUCTION WATER SERVICE DISCUSSION IV. VERBAL REPORTS AND ANNOUNCEMENTS 9A. Council Member reports and announcements 9B. City Manager reports and announcements V. ADJOURNMENT Since we do not have time to discuss every point presented, it may seem that decisions are preconceived. However, background information is provided for the City Council on each agenda item in advance from city staff and appointed commissions, and decisions are based on this information and past experiences. If you are aware of information that has not been discussed, please raise your hand to be recognized. Please speak from the podium. Comments that are pertinent are appreciated. Items requiring excessive time may be continued to another meeting.

3 City of Brooklyn Park Request for Council Action Agenda Item: 3B.1 Meeting Date: August 8, 2016 Agenda Section: Public Presentations/ Proclamations/Receipt of General Communications Originating Department: Police Department Resolution: X Ordinance: N/A Prepared By: Deputy Chief Todd Milburn Attachments: 1 Presented By: Deputy Chief Todd Milburn Item: Resolution Acknowledging Contributions to the City of Brooklyn Park City Manager s Proposed Action: MOTION, SECOND, TO WAIVE THE READING AND ADOPT RESOLUTION #2016 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF BROOKLYN PARK. Overview: The purpose of this agenda item is for the Council to formally acknowledge and thank Target for their $1, donation to the Brooklyn Park Police Bike Unit. This donation to the Brooklyn Park Police Department will be used to purchase a bicycle for the Bike Patrol Unit. This donation is geared toward community outreach programs. Primary Issues/Alternatives to Consider: N/A Budgetary/Fiscal Issues: N/A Attachments: 3B.1A RESOLUTION

4 3B.1A RESOLUTION Page 2 RESOLUTION #2016 RESOLUTION ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF BROOKLYN PARK WHEREAS, the City of Brooklyn Park is grateful to all civic groups, organizations, and individuals for their contributions to the community; and WHEREAS, the City of Brooklyn Park received a $1, donation from Target to support Brooklyn Park Police Bike Patrol. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Park to acknowledge the support and commend Target for their generous donation.

5 City of Brooklyn Park Request for Council Action Agenda Item: 3B.2 Meeting Date: August 8, 2016 Agenda Section: Public Presentations/ Proclamations/Receipt of General Communications Originating Department: Administration Community Engagement Resolution: N/A Ordinance: N/A Prepared By: Josie Shardlow Attachments: 1 Presented By: Mayor Jeffrey Lunde Item: Oromo Week Proclamation City Manager s Proposed Action: The Mayor shall proclaim July 30 August 6, 2016 as Oromo Week in the City of Brooklyn Park by one of the following: 1. I, Jeffrey Lunde, Mayor of the City of Brooklyn Park, Minnesota, do hereby proclaim July 30 August 6, 2016 as Oromo Week in the City of Brooklyn Park OR 2. By reading the proclamation. Overview: The annual Oromo Festival in North American is being held in the Twin Cities during the week of July 30 August 6, Primary Issues/Alternatives to Consider: N/A Budgetary/Fiscal Issues: N/A Attachments: 3B.2A PROCLAMATION

6 PROCLAMATION Declaring July 30 August 6, 2016 as Oromo Week WHEREAS, an estimated 40,000 Oromo, most of whom are refugees and asylees, have come to the Twin Cities region from their homeland of Oromia Region of Ethiopia in the Horn of Africa; and WHEREAS, the Annual Oromo Festival in North American will be held in the Twin Cities during the week of July 30 August 6, 2016; and WHEREAS, visitors from around the world will be participating in festival events including a 20 th anniversary of Oromo Soccer Federation of North America, soccer tournament, Oromia Youth Concert, Oromoo Communities Conference, Oromo Chamber of Commerce conference, political and human rights conferences, andd a host of cultural and social gatherings; and WHEREAS, the City of Brooklyn Park joins with our Oromo neighbors and the cities of St. Paul and Minneapolis in welcoming these guests to our community; ; and WHEREAS, we urge all citizens to residentss to the vitality of our community. honor the many contributions made by Oromo NOW, THEREFORE, I, Jeffrey Lunde, Mayor of the City of Brooklyn Park, Minnesota, do hereby proclaim July 30 August 6, 2016 as OROMO WEEK in the City of Brooklynn Park Jeffrey Joneal Lunde, Mayor th Avenue North Brooklyn Park, MN 55443

7 City of Brooklyn Park Request for Council Action Agenda Item: 4.1 Meeting Date: August 8, 2016 Originating Agenda Section: Consent Department: Police Resolution: X Ordinance: N/A Prepared By: Deputy Chief Mark Bruley Attachments: 2 Presented By: Deputy Chief Mark Bruley Authorize Contract with Intermediate School District 287 to Provide a School Resource Item: Officer for the School Year City Manager s Proposed Action: MOTION, SECOND, TO WAIVE THE READING AND ADOPT RESOLUTION #2016 TO AUTHORIZE THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF BROOKLYN PARK AND INTERMEDIATE SCHOOL DISTRICT 287 FOR THE SCHOOL YEAR TO PROVIDE SCHOOL RESOURCE OFFICER (SCHOOL LIAISON OFFICER) SERVICES. Overview: The City of Brooklyn Park has provided a school resource officer to ISD 287 since ISD 287 is requesting we continue to assign a school resource officer to the school and has submitted a contract for the school year. The contract to assign a school resource officer is renewable each year. Primary issues/alternatives to consider: This position will be responsible for the prevention of crime, investigation of crime, and coordinate activities between the district, the criminal justice system, and social services within Edgewood Educational Center. This contract shall be in effect during the school year and can be terminated in accordance with Section 10. Budgetary/Fiscal Issues: Intermediate School District 287 will pay $54, for nine months of the school year in accordance with Section 11 of the contract. Attachments: 4.1A RESOLUTION 4.1B CONTRACT

8 4.1A RESOLUTION Page 2 RESOLUTION #2016 RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF BROOKLYN PARK AND INTERMEDIATE SCHOOL DISTRICT 287 FOR THE SCHOOL YEAR TO PROVIDE A SCHOOL RESOURCE OFFICER (SCHOOL LIAISON OFFICER) SERVICES WHEREAS, Edgewood Educational Center is located in the city limits of the City of Brooklyn Park; and WHEREAS, the City of Brooklyn Park Police Department has assigned a school resource officer to Edgewood ISD 287 since the 2008 school year and has requested a School Resource Officer for the school year; and WHEREAS, the Intermediate School District 287 will reimburse the City of Brooklyn Park $54, according to Section 11 of the contract for the school year. NOW, THEREFORE, BE IT RESOLVED that the City of Brooklyn Park enter into a contract with Intermediate School District 287 to assign a school resource officer to Edgewood Educational Center for the school year.

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11 City of Brooklyn Park Request for Council Action Agenda Item: 4.2 Meeting Date: August 8, 2016 Originating Operations and Maintenance Agenda Section: Consent Department: Engineering Services Division Resolution: Ordinance: X N/A Prepared By: Mitch Robinson, E.I.T., Civil Engineer I Attachments: 3 Presented By: Jesse Struve, P.E., City Engineer Approve Plans and Specifications and Order Advertisement for Bid for Meadowwood Item: Court Pond, CIP City Manager s Proposed Action: MOTION, SECOND, TO WAIVE THE READING AND ADOPT RESOLUTION #2016 APPROVING PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR MEADOWWOOD COURT POND, CIP Overview: CIP Project No is a rehabilitation project that will dredge excess material from the storm water pond near Meadowwood Court. As part of the city s Municipal Separate Storm Sewer System permit, we are required to inspect and maintain our storm water system. During one of our annual inspections, it was determined this pond has an excess of 1 2 feet of material that should be removed to ensure that both the pond and the storm water pipes entering and leaving the pond function properly. We anticipate removing 1,200 cubic yards of material from the pond and will work with neighboring properties for access into the pond. The proposed schedule is as follows: 1. August 8, 2016 Council Approves Plans and Specifications and Orders Advertisement for Bid 2. September 13, 2016 Bid Opening 3. September 26, 2016 Award Contract 4. December 2016 Begin Dredging Meadowwood Court Pond 5. March 2017 Complete Construction Primary Issues/Alternatives to Consider: N/A Budgetary/Fiscal Issues: The project is included in the adopted Capital Improvement Plan (CIP) for a scheduled 2016 completion as Project No with an estimated cost of $104,000. In accordance with City policies, the City is proposing to pay for the project with Storm Sewer Utility Funds.

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13 4.2A RESOLUTION Page 3 RESOLUTION #2016 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR MEADOWWOOD COURT POND, CIP WHEREAS, the City Engineer has prepared plans and specifications for the following improvements: CIP : Dredge excess material from storm water pond near Meadowwood Court And having presented preliminary plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Park. 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and online an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published as required by law, shall specify the work to be done, shall state that bids will be opened at 11:00 a.m. on September 13, 2016, and considered by the Council at 7:00 p.m. on September 26, 2016, in the Council Chambers at City Hall, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cashier s check, bid bond or certified check payable to the City of Brooklyn Park for not less than 5% of the amount of such bid.

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16 City of Brooklyn Park Request for Council Action Agenda Item: 4.3 Meeting Date: August 8, 2016 Originating Agenda Section: Consent Department: Operations and Maintenance Resolution: Ordinance: X N/A Prepared By: Jon Watson, Public Utilities Superintendent Attachments: 2 Presented By: Jon Watson Authorize Entering into an Agreement with Karges Faulconbridge, Inc. for Engineering Item: Services for HVAC Modifications, Phase III, at the Water Treatment Plant City Manager s Proposed Action: MOTION, SECOND, TO WAIVE THE READING AND ADOPT RESOLUTION #2016 TO AUTHORIZE ENTERING INTO AN AGREEMENT WITH KARGES FAULCONBRIDGE, INC. FOR ENGINEERING SERVICES FOR HVAC MODIFICATIONS, PHASE III, AT THE WATER TREATMENT PLANT. Overview: The request is for authorization to enter into an agreement with Karges Faulconbridge, Inc. (KFI) to produce plans and specifications and conduct the engineering work to solve a specific ventilation problem at the City s water treatment facility. A major renovation and expansion was completed at the water treatment plant in 2011, and there were numerous improvements on the process equipment and building. The water filtering areas were modified with wall panels to keep the ventilation system separate from the occupied work areas. This was done due to the concern of radon gas generated during the filtering process. During filtering operations, the room atmosphere is exhausted outside and fresh air is brought into the room. This process works well during most of the year except during the periods of humid weather. During the hot humid weather, the exchanged air condenses in the filter rooms and causes very humid conditions. A study and two projects were conducted in previous years, and the installed equipment has proved to be working well to date. The areas that house the finish filter treatment and water recycling devices are in need of the dehumidification equipment. Funds have been budgeted in 2017 to complete this next phase of the project. KFI has been recommended to continue as the consultant engineer for this next phase. They have submitted a proposal to complete the plans and specifications in late 2016 so that the project may be out for bid and awarded in early KFI is an experienced mechanical engineering firm that does work for both the public and private sectors. They specialize in working on industrial mechanical engineering work and problems such as the one described herein.

17 4.3 Page 2 Primary issues/alternatives to consider: Should the agreement be approved? Staff recommends approval of the agreement because it is necessary to fix this problem before other problems develop due to the humid conditions. The Council has the following alternatives to consider: 1. Approve the agreement proposal as recommended 2. Reject the agreement proposal and direct staff to delay the project 3. Reject the agreement and do nothing Budgetary/Fiscal Issues: The estimated cost of plans, specifications, and project management is $59, It is anticipated that approximately 80% of this fee will be earned in 2016; the balance being for project management will be conducted in These engineering costs can be accommodated in the 2016 Water Supply and Treatment Fund budget. Attachments: 4.3A RESOLUTION 4.3B PROPOSAL LETTER

18 4.3A RESOLUTION Page 3 RESOLUTION #2016 RESOLUTION TO AUTHORIZE ENTERING INTO AN AGREEMENT WITH KARGES FAULCONBRIDGE, INC. FOR ENGINEERING SERVICES FOR HVAC MODIFICATIONS, PHASE III, AT THE WATER TREATMENT PLANT WHEREAS, Karges Faulconbridge, Inc. Engineers (KFI) was retained in 2014 to analyze the situation and propose the best solution of the problem; and WHEREAS, phase 1 of the project was successfully completed in 2015; and WHEREAS, phase 2 of the project was successfully completed in 2016; and WHEREAS, phase 3 of the project is budgeted for 2017; and WHEREAS, KFI has submitted a proposal to produce the engineering documents; and WHEREAS, the recommended proposal can be accommodated in the 2016 and 2017 Water Supply and Treatment Fund Budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Park to authorize entering into an agreement with Karges Faulconbridge Inc. for engineering services for HVAC modifications phase III at the water treatment plant in the amount of $59,400.00

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21 City of Brooklyn Park Request for Council Action Agenda Item: 4.4 Meeting Date: August 8, 2016 Originating Agenda Section: Consent Department: Police Department Resolution: X Ordinance: N/A Prepared By: Attachments: 1 Presented By: Todd Milburn Deputy Chief Craig Enevoldsen Chief of Police Item: Resolution Authorizing the Replacement and Funding of an Armored SWAT Vehicle City Manager s Proposed Action: MOTION, SECOND, TO WAIVE THE READING AND ADOPT RESOLUTION #2016 TO AUTHORIZE CITY STAFF TO MOVE FORWARD WITH THE PURCHASE OF A BALLISTIC ARMORED TACTICAL TRANSPORT (BATT) VEHICLE WITH FUNDING BEING PROVIDED FROM POLICE FORFEITURE FUNDS AND AN AMENDMENT TO THE 2016 CENTRAL GARAGE FUND. Overview: In 2009, the Brooklyn Park Police Department took possession of a 1980 GMC/Peacemaker SWAT Special Duty Truck through the Defense Reutilization and Marketing (DRMO) program. This vehicle has proven to be a very useful tool for SWAT applications and is used approximately 30 times per year for a variety of events that have occurred. Of the 30 events per year, this vehicle has been used for approximately 5 barricaded situations and 25 warrant executions annually. The overall number of uses per year is expected to increase moving forward as SWAT tactics continue to change increasing the need for this equipment. The primary function of this vehicle is to protect officers and civilians during high risk situations. Local and national events require that police have this type of equipment to handle and resolve dynamic and quickly evolving situations in the community. Because this vehicle was built in 1980, there have been a number of mechanical problems as of late. Several repairs have been made by Brooklyn Park Operations and Maintenance to keep this vehicle operating. Most recently, these mechanical problems have escalated to the point where the engine needs to be replaced and it is no longer reliable for police officers to use in high risk situations. On several occasions, this vehicle has been towed from scenes for mechanical repair. Brooklyn Park Operations and Maintenance staff have informed Police staff that the mechanical repairs are becoming so costly and numerous that it would be most cost effective long term to discontinue repairing the vehicle and replace it with a new one. Police and O & M staff have been working together to identify a suitable replacement. Staff researched new and used options from the two primary companies that provide these types of vehicles to law enforcement agencies. Those companies are Lenco Bearcat and The Armored Group (BATT). Staff determined that the Lenco Bearcat vehicle did not have as many options and after upgrading those options, the vehicle became the most expensive option. The BATT armored vehicle included all options needed, was determined to be a more

22 4.4 Page 2 cost effective option for the city to pursue, and had more functionality for police use. Used vehicles were also researched but Police and O & M staff raised many concerns regarding the length of warranty on a used vehicle, not knowing the mechanical history, and concerns about needing to make costly repairs shortly after adding a used vehicle to the fleet. The BATT Armored Vehicle meets the needs of the Police Department and will be utilized for barricaded situations, high risk warrant service requiring the placement of this vehicle for direct communication, hostage/rescue situations, and officer/civilian rescue operations. This vehicle will allow the transport of twelve officers to the scene of an emergency and can be used for the evacuation of personnel during medical situations that may arise. The price quote from the manufacturer sets the price to purchase at $239, This is the final price and there are no additional costs. The replacement for this vehicle was previously added in the CEP; however, there are not enough funds in place to cover the costs to replace this year. To pay for this vehicle, Police and O & M staff have worked together to identify funding sources from the Central Garage Fund and Police Forfeiture accounts to cover the costs. $100, will come from the Central garage fund and the remaining balance of $139, will come out of police forfeiture. Primary Issues/Alternatives to Consider: Operations and Maintenance staff have stated that the current vehicle has so many mechanical failures that continuing to repair is not cost effective and does not guarantee the safety of officers and general public during high risk events. The Police Department has utilized the current armored vehicle approximately thirty times per year, thus there continues to be a legitimate need for this type of vehicle in the police fleet. Budgetary/Fiscal Issues: Staff is recommending that the use of funds from the Central Garage account and funds from police forfeiture account to be used to pay for this vehicle. There are enough funds in the police forfeiture account to cover more than half of the overall cost. The remaining balance would come from the Central Garage account. Utilizing both funds will reduce the overall impact to the Central garage fund balance and reduce the impact to the annual police budget. State forfeiture rules allow for law enforcement agencies to allocate funds toward "law enforcement purposes." Purchasing a vehicle utilizing forfeiture funds is appropriate use of the funds. As part of the DRMO program, the current vehicle will be returned to the federal government. There is no charge to the city to return this vehicle. Attachments: 4.4A RESOLUTION

23 4.4A RESOLUTION Page 3 RESOLUTION #2016 RESOLUTION AUTHORIZING CITY STAFF TO MOVE FORWARD WITH THE PURCHASE OF A BALLISTIC ARMORED TACTICAL TRANSPORT (BATT) VEHICLE WITH FUNDING BEING PROVIDED FROM POLICE FORFEITURE FUNDS AND AN AMENDMENT TO THE 2016 CENTRAL GARAGE FUND WHEREAS, the current armored vehicle is no longer mechanically sound, has outlived its usefulness, and a replacement vehicle is required in order to allow Police to effectively perform their duties related to high risk events in the City of Brooklyn Park. NOW, THEREFORE, BE IT RESOLVED that the City of Brooklyn Park City Council is allowing city staff to move forward in 2017 on the purchase of a ballistic armored tactical transport (BATT) vehicle utilizing funds from police forfeiture funds and an amendment to the 2016 central garage fund.

24 City of Brooklyn Park Request for Council Action Agenda Item: 4.5 Meeting Date: August 8, 2016 Originating Agenda Section: Consent Department: Administration Resolution: N/A Ordinance: N/A Prepared By: Jay Stroebel, City Manager Attachments: N/A Presented By: Jay Stroebel Item: Reschedule the September 6, 2016 City Council Work Session to August 29, 2016 City Manager s Proposed Action: MOTION, SECOND, TO RESCHEDULE THE TUESDAY, SEPTEMBER 6, 2016 COUNCIL WORK SESSION MEETING TO MONDAY, AUGUST 29, Overview: Due to scheduling conflicts, staff is requesting the work session be rescheduled to Monday, August 29, Primary Issues/Alternatives to Consider: N/A Budgetary/Fiscal Issues: N/A Attachments: N/A

25 City of Brooklyn Park Request for Council Action Agenda Item: 5.1 Meeting Date: August 8, 2016 Originating Agenda Section: Public Hearings Department: Community Development Resolution: Ordinance: N/A FIRST READING Prepared By: Keith Jullie, Property Services Director Attachments: 2 Presented By: Keith Jullie FIRST READING of Temporary Family Health Care Dwelling Opt Out Ordinance Item: Amendment City Manager s Proposed Action: MOTION, SECOND, TO WAIVE THE READING AND ADOPT ON FIRST READING AN ORDINANCE AMENDING CHAPTER 152 OF THE CITY CODE OPTING OUT OF THE STATE REGULATIONS FOR TEMPORARY FAMILY HEALTH CARE DWELLINGS. Overview: At its work session on July 11, 2016, the City Council discussed the new State legislation taking effect on September 1, 2016, that would require cities to allow one temporary family health care dwelling per lot in residential areas for care givers or relatives to care for one mentally or physically impaired person. The Council directed staff to prepare an Opt Out Ordinance to be brought back for consideration. The Council also requested a review of the process and estimated costs for creating a temporary family health care dwelling ordinance and program in the future. At its meeting on July 27, 2016, the Planning Commission reviewed the new legislation. The recommendation from the Planning Commission is to opt out of the regulations. The Commission does not see why the units would be treated differently than any other accessory use. The Commission would rather review regulations that cover options such as tiny houses and the temporary health care dwellings at the same time rather than one specific type. The process for creating a temporary family health care dwelling program is outlined below. 1) Research issues, gather public input, review model code language, discuss with other cities 2) Ordinance development including drafts and review with city attorney 3) Program administration development including forms, fees, and possible software changes 4) Process development for application review, plan review, inspections, and enforcement actions Primary Issues/Alternatives to Consider: If the Council approves the attached ordinance amendment to opt out of the State legislation, staff requests direction from the Council as to whether or not to begin research and development of a local temporary

26 5.1 Page 2 family health care dwelling program. If directed to do so, staff would complete step one above and bring back the information to the Council for additional consideration and direction. Alternatively, the Council could reconsider a local temporary family health care dwelling program at a later date if there appears to be interest from the community to do so. So far, staff has received one call from a resident on this topic. Budgetary/Fiscal Issues: The cost to develop a Temporary Health Care Dwelling program is estimated to be approximately $10,000 of staff time. The City would incur additional expenses to administer a new program, which could be recovered through fees. Attachments: 5.1A ORDINANCE 5.1B STATUTE

27 5.1A ORDINANCE Page 3 ORDINANCE #2016 ORDINANCE AMENDING CHAPTER 152 OF THE BROOKLYN PARK CITY CODE PERTAINING TO TEMPORARY FAMILY HEALTH CARE DWELLINGS Underlined text is proposed for insertion The City of Brooklyn Park does ordain: Section 1. Chapter 152 of the Brooklyn Park City Code is amended by adding the following section: TEMPORARY FAMILY HEALTH CARE DWELLINGS. The City opts out of the requirements of Minn. Stat , which defines and regulates Temporary Family Health Care Dwellings.

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34 City of Brooklyn Park Request for Council Action Agenda Item: 5.2 Meeting Date: August 8, 2016 Originating Operations and Maintenance Agenda Section: Public Hearings Department: Engineering Services Division Resolution: X Ordinance: N/A Prepared By: Jesse Struve, City Engineer Attachments: 2 Presented By: Jesse Struve, City Engineer Public Hearing for Vacation of Right of Way and Drainage and Utility Easements on Lot Item: 18, Block 2, Island View Park City Manager s Proposed Action: MOTION, SECOND, TO WAIVE THE READING AND ADOPT RESOLUTION #2016 VACATING RIGHT OF WAY AND DRAINAGE AND UTILITY EASEMENTS ON LOT 18, BLOCK 2, ISLAND VIEW PARK. Overview: Morgan Abboud is requesting the vacation of right of way and drainage and utility easements on Lot 18, Block 2, Island View Park, according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. The property is located at 9544 James Avenue North. Ms. Abboud is requesting this vacation so she can put up a fence. On July 11, 2016, the City Council adopted Resolution # ordering a public hearing to be held on August 8, 2016, for Council s review of the proposed vacation of right of way and drainage and utility easements on Lot 18, Block 2, Island View Park. Staff notified all private utility companies of the petitioner s request and did not receive any opposition to the proposed vacation. Staff recommends the City Council vacate the right of way and drainage and utility easements as described. Primary Issues/Alternatives to Consider: N/A Budgetary/Fiscal Issues: N/A Attachments: 5.2A RESOLUTION 5.2B PROPOSED EASEMENT VACATION AREA

35 5.2A RESOLUTION Page 2 RESOLUTION #2016 RESOLUTION VACATING RIGHT OF WAY AND DRAINAGE AND UTILITY EASEMENTS ON LOT 18, BLOCK 2, ISLAND VIEW PARK WHEREAS, Section of the City Charter provides that the City Council may by resolution vacate any street, alley, public grounds, or public way, or any part thereof, when it appears in the interest of the public to do so; and WHEREAS, the City of Brooklyn Park has right of way and drainage and utility easements on the following described land: Existing Description (per Doc. No. T , Office of Registrar of Titles, Henn. Co.) Lot 18, Block 2, Island View Park, according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. Area to be Vacated: That part of Government Lot 3, Section 11, Township 119, Range 21, Hennepin County Minnesota, lying northerly of the northerly and northeasterly lines of Lot 18, Block 2, ISLAND VIEW PARK, according to the recorded plat thereof, Hennepin County, Minnesota, and also lying westerly of the northerly projection of the southeasterly line of said Lot 18, and also lying southwesterly of a line beginning at a point on the northerly projection of the easterly line of said Lot 18, distant northeasterly of the easterly most corner of said Lot 18, to the northerly most corner of said Lot 18 and said line there terminating. Easements to be Vacated: The northeasterly 10 feet of Lot 18, Block 2, ISLAND VIEW PARK, according to the recorded plat thereof, Hennepin County, Minnesota. Proposed Tract A: Lot 18, Block 2, ISLAND VIEW PARK, according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota, And that part of Government Lot 3, Section 11, Township 119, Range 21, Hennepin County Minnesota, lying northerly of the northerly and northeasterly lines of Lot 18, Block 2, ISLAND VIEW PARK, according to the recorded plat thereof, Hennepin County, Minnesota, and also lying westerly of the northerly projection of the southeasterly line of said Lot 18, and also lying southwesterly of a line beginning at a point on the northerly projection of the easterly line of said Lot 18, distant northeasterly of the easterly most corner of said Lot 18, to the northerly most corner of said Lot 18 and said line there terminating. Subject to drainage and utility easements over, under and across the northeasterly 15 feet, the southerly 5 feet, the easterly 10 feet and the westerly and northwesterly 10 feet of the tract described above.

36 WHEREAS, a public hearing was held on August 8, 2016, as required by law; and 5.2A RESOLUTION (CONTINUED) Page 3 WHEREAS, it has been determined that good area planning requires that the right of way and drainage and utility easements be vacated and that it would be in the public interest to do so. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Park. 1. That the right of way and drainage and utility easements described above be vacated as requested by the petitioner. 2. A certified copy of this resolution shall be prepared by the City Clerk and shall be a notice of completion of the proceedings and shall be recorded in accordance with the provisions of Section of Brooklyn Park City Charter.

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38 City of Brooklyn Park Request for Council Action Agenda Item: 7.1 Meeting Date: August 8, 2016 Originating Operations and Maintenance Agenda Section: General Action Items Department: Engineering Services Division Resolution: X Ordinance: N/A Prepared By: Attachments: 2 Presented By: Jesse Struve P.E., City Engineer Kim Berggren, Community Development Director Item: Commitment to Provide Funding for Road and Utility Network North of TH 610 City Manager s Proposed Actions: MOTION, SECOND, TO WAIVE THE READING AND ADOPT RESOLUTION #2016 APPROVING THE COMMITMENT TO PROVIDE FUNDING FOR ROAD AND UTILITY NETWORK NORTH OF TH 610. Overview: On February 22, 2016, the City Council passed Resolution # approving municipal consent for the Metro Blue Line Extension Light Rail Transit (BLRT) project. The proposed Blue Line Extension LRT project will operate northwest from downtown Minneapolis through Golden Valley, Robbinsdale, Crystal and Brooklyn Park. The proposed 13 mile alignment is primarily at grade and will have 11 new stations, including 5 stations in Brooklyn Park. By 2030, it is estimated there will approximately 27,000 weekday riders on the proposed LRT project. In Brooklyn Park, the proposed BLRT alignment will follow County State Aid Highway 81 (CSAH 81) and the BNSF railroad right of way from 62 nd Avenue to 72 nd Avenue. At 72 nd Avenue, the LRT will be elevated on a bridge structure to cross CSAH 81, landing down and crossing into the center of West Broadway Avenue near 74 th Avenue. It will continue down the center of West Broadway until 94 th Avenue where it will transition to the west side of West Broadway Avenue, over TH 610, and terminate approximately one quarter mile north of TH 610. The proposed LRT project will connect activity centers including the Target North campus, North Hennepin Community College, downtown Robbinsdale, Golden Valley, Courage Kenny Rehabilitation Institute and downtown Minneapolis. The Metro Blue Line Extension will provide a one seat ride on the existing Blue Line to the VA Medical Center, Mall of America and Minneapolis St. Paul International Airport, and will connect the northwest communities with the region s system of transit ways. Staff worked with Blue Line Project Office (BPO) to develop a proposed layout for the road and utility network north of TH 610 (see attached). The total cost to implement the proposed layout is approximately $38,640,000 and it was negotiated that the City is only responsible for $8,180,000. The majority of the

39 $8,180,000 costs will be paid for by the benefitting properties in accordance to the City s special assessment policy or an alternative arrangement with the two impacted property owners, subject to City Council approval. Primary Issues/Alternatives to Consider: N/A Budgetary/Fiscal Issues: The City will be responsible for fronting $8,180,000, but the majority (if not all) of these costs will be charged to the benefitting properties. While the City will likely need to have the cash on hand to pay for the work, it will be repaid with interest through special assessments or an alternative arrangement approved by the City Council. Attachments: 7.1A RESOLUTION 7.1B PROPOSED ROAD NETWORK 7.1 Page 2

40 7.1A RESOLUTION Page 3 RESOLUTION #2016 RESOLUTION APPROVING THE COMMITMENT TO PROVIDE FUNDING FOR ROAD AND UTILITY NETWORK NORTH OF TH 610 WHEREAS, the City of Brooklyn Park (City), Hennepin County (County) and the Met Council (Council) have been working cooperatively on the design of the Blue Line Extension Light Rail Transit (BLRT) Project; and WHEREAS, the City, County and Council have developed a preliminary design for the roadway, rail and pedestrian network north of TH 610 in the City of Brooklyn Park that will be part of the BLRT Project; and WHEREAS, the roadway improvements north of TH 610 provide benefit to the City and puts in place the necessary infrastructure to accommodate future development in this area; and WHEREAS, the City, County and Council have agreed to participate in the roadway costs with the City s share identified as $8.18 million of the total cost of $38.64 million for the roadway improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Park, that the City Council finds, determines, and orders as follows: 1. The City of Brooklyn Park hereby commits to funding up to 0.53 percent of the total project costs of $1.536 billion, in a total amount not to exceed $8.18 million for the METRO Blue Line Extension Light Rail Transit Project; and 2. The City of Brooklyn Park will not make any such final governmental decisions for engineering or construction activities until any necessary state and federal environmental review findings have been completed and the Record of Decision has been published in the federal register; and 3. Fulfillment of the City s obligations under its commitment of 0.53% of the total project cost is contingent on FTA approval and execution of a Full Funding Grant Agreement (FFGA) for not less than 49 percent of the capital costs; and 4. The terms and conditions of this commitment will be addressed in subsequent City of Brooklyn Park resolutions whereby funds are appropriated and in one or more Cooperative Funding Agreements or similar agreements for the Construction Phase.

41 7.1B PROPOSED ROAD NETWORK Page 4

42 City of Brooklyn Park Request for Council Action Agenda Item: 8.1 Meeting Date: August 8, 2016 Originating Operations and Maintenance Agenda Section: Discussion Items Department: Engineering Services Division Resolution: N/A Ordinance: N/A Prepared By: Jesse Struve P.E., City Engineer Attachments: 1 Presented By: Jesse Struve P.E., City Engineer Item: Discussion on Water Curb Stops Located Outside of the Right of Way City Manager s Proposed Action: Discuss water services and how staff should treat water curb stops that have been installed outside of the right of way or easements. Overview: On June 6, 2016, the Council had a discussion regarding how to treat water service lines installed outside of the right of way. This stemmed from an issue encountered on the 2016 Street Reconstruction Project where 111 of the 141 water services being replaced were installed outside of the right of way. Since this decision will not only affect the properties within this project, the Council directed staff to evaluate the existing water system and provide an estimate for how many water services throughout the City could have been installed out of the right of way. Staff estimates there are approximately 1,000 water services that were installed outside of the right of way. With the project, it was decided to install a new curb stop at the right of way and abandon the existing curb stop in place because of the following: 1. It follows city code. Section of the City Code states that property owners are responsible for the water service extension line that runs from the curb stop to their building. Therefore, after the reconstruction project is completed, all property owners will be responsible for the service pipe that runs from the new curb stops that are being installed as part of the project. The fact that the existing curb stops are located closer to the structures than the new curb stops does not alter the property owners responsibility under the City Code. 2. Significant impacts to remove many of the old curb stop (see attached graphics for potential tree removal, impacts to yard, landscaping impacts, driveways, etc.). 3. It was discussed at neighborhood meetings (see attached slide 11 in the December 16, 2015 Neighborhood Meeting presentation). After speaking with a number of people at the neighborhood meeting, they preferred to move it to the right of way line and not impact their trees or landscaping.

43 8.1 Page 2 4. The City does not have easements over the water services outside of the right of way and easement on the private property. 5. Additional cost If the City was to remove the existing curb stop and replace new copper service in between, it would have an additional cost to the project. Also, if we remove this line and the curb stop, it would make sense to replace the entire service line. To do this could cost as much as $3,500 per service ($3,500,000 total) depending on additional tree removal, driveway replacement, or impacts to landscaping. These costs would be funded by the Water Utility Enterprise Funds and could not be paid using Franchise Fees. 6. The original plans called for the curb stops to be installed within the utility easement of the property (see attached record plans). When this situation is encountered on future projects, it is staff s recommendation to install a new curb stop close to the existing right of way and it would then be the property owner s responsibility for future maintenance from the new curb stop to the house (including the abandoned curb stop). This would bring the system in compliance with city code. Staff spoke with other communities to see how this situation is handled elsewhere. Many of the surrounding communities handle this issue in the same way as being proposed. Primary Issues/Alternatives to Consider: The City Council has the following options: 1. Install a new curb stop in the right of way and require the property owner to be responsible for the old curb stop and piping between as recommended by staff. 2. Install a new curb stop in the right of way and have the city maintain responsibility of the old curb stop. Upon failure, the City will remove the old curb stop; it will then be the responsibility of the property owner from the house to the new curb stop. This option would potentially cost the city approximately $3,500,000 in 2016 dollars and will increase as the cost of replacement increases in the future. Budgetary/Fiscal Issues: If the Council wishes to accept responsibility for the pipe from the new curb stop to the existing curb stop, the future replacement costs would be directed to the Water Utility Enterprise Fund. In 2016 dollars, it could be as much as $3,500 per service ($3,500,000 total) depending on additional tree removal, driveway and landscaping replacement, etc. Furthermore, the replacements would be done when the curb stop fails, not as part of the street reconstruction project. Attachments: 8.1A JUNE 6, 2016 COUNCIL PACKET ITEM STREET RECONSTRUCTION WATER SERVICE DISCUSSION

44 8.1A JUNE 6, 2016 COUNCIL PACKET STREET RECONSTRUCTION WATER SERVICE DISCUSSION Page 3

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