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Home My WebLink About2008 05-27 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION May 27, 2008 6:00 P.M. I City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adj ourn CITY COUNCIL MEETING City of Brooklyn Center May 27, 2008 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. Council Report 7. 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. May 5, 2008 Board of Appeal and Equalization 2. May 12, 2008 Study Session 3. May 12, 2008 Regular Session 4. May 12, 2008 Work Session 5. May 19, 2008 Reconvened Board of Appeal and Equalization 6. May 19, 2008 City Council/Charter Commission Joint Meeting b. Licenses 8. Presentations/Proclamations/Recognitions/Donations None �I CITY COUNCIL AGENDA -2- May 27, 2008 i 9. Publ c Hearings None 10. Planning Commission Items a. Planning Commission Application No. 2008-002 Submitted by Brookdale Office Partnership Limited Partnership, LLP. Request to Terminate Existing Declaration Regarding Parking Easement and Restrictions to be Replaced by a Proof of Parking Agreement at 3300 County Road 10. The Planning Commission recommended approval of this application at its May l 5, 2008, meeting. •Requested Council Action: —Motion to approve Planning Commission Application No. 2008-002 subject to the conditions recommended by the Planning Commission. 11. Council Consideration Items a. Resolution Declaring Earle Brown Days as a Civic Event •Requested Council Action: —Motion to adopt resolution. b. Resolution Adopting the North Suburban Emergency Operations Plan •Requested Council Action: —Motion to adopt resolution. c. Resolution Awarding a Contract, Improvement Project No. 2008-11, Center Pointe Apartments Fence Improvements •Requested Council Action: —Motion to adopt resolution. d. Resolution Approving the Contract for Law Enforcement Labor Services (LELS) Local 86 and the City of Brooklyn Center for the Calendax Year 2008 •Requested Council Action: —Motion to adopt resolution. e. An Ordinance Amending Brooklyn Center City Code Section 19-402 Relating to Dangerous Weapons and Facsimile Firearms •Requested Council Action: -Motion to approve first reading of ordinance and set second reading and Public Hearing for June 23, 2008. f. Resolution Authorizing the Execution of a Joint Cooperation Agreement Between the City of Brooklyn Center and Hennepin County for Participation in the Urban Hennepin County Community Development Block Grant Program in FY 2009- 2011 •Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -3- May 27, 2008 12. Ad'ournment J Agenda Items Tabled An Ordinance Relating to Administrative Fines; Adding a New Section 12.13 to the Brooklyn Center City Charter —This item was first read on February 25, 2008; published in the official newspaper on March 6, 2008; and tabled at the March 24, 2008, meeting. City .Council Agenda Item No. 7a i s i`� Evelyn Pallas, 6006 Ewing Avenue North, expressed that she disagrees with the City Assessor's review about her exterior finish being average and outlined materials she provided ta the Board this evening. Ms. Wojcik read her report and explained staffls recommendations for property located at 6006 Ewing Avenue North as included in the packet. Councilmember Lasman moved and Councilmember O'Connor seconded to reduce the 2008 estimated market value of $173,900 to $169,000 for taxes payable in 2009. Motion passed unanimously. 8. APPEARANCES BY TAXPAYERS WITHOUT AN APPOINTMENT There were no appeaxances by taxpayers without an appointment. 9. CONSIDERATION OF WRITTEN APPEALS The following provided written appeals and were not present. David Trepanier, 5801 Knox Avenue North. Ms. Wojcik read her report and staff's recommendation to reduce the 2008 estimated maxket value of $172,000 to $167,6�0 for taxes payable in 2009, which is a reflection of the changes in properiy characteristics only. Councilmember Yelich moved and Councilmember Lasman seconded to reduce the 2008 estimated market value of $172,000 to $167,600 for ta�es payable in 2009. Councilmember O'Connor asked City Manager Curt Boganey to inquire with the property owner r and more information about the Ci and ind out what it is used fo t3' about the well on this properry f asking him to disconnect the well. Motion passed unanimously. HPTWN Properties Trust, 2550 Freeway Boulevard. Ms. Wojcik read her report and recommendation to sustain the 2008 estimated market value of $3,744,500 or $44,500 per unit. Councilmember Lasman moved and Coun cilmember Yelich seconded to sustain the 2008 estimated market value of $3,744,500 or $44,500 per unit. Motion passed unanimously. BCC Associates LLC, 6300 Shingle Creek Parkway. Councilmember Lasman informed that she would move the motion sustain the 2008 estimated market value of $6,700,000 for t�es payable in 2009 on this property without having Ms. Wojcik read the report and recommendation since it is the intent of the owner to move forward to the County Board no matter what is approved by the Board this evening. Seconded by Councilmember Ryan�Motion passed unanimously. r �:a� c�� m r C�Co v� a r s l�e.c.� e- �..rse_S�a�-s OS/OS/08 ..9' '•'e.n, S G'Ve�c:;``C �1. c� r—Y�'a� DR.AFT f r s� �r�e_c.�� BCC Associates LLC, 6200 Shingle Creek Parkway. Councilmerriber Lasman informed that she would move the motion to sustain the 2008 estimated market value of $6,700,000 for taxes payable in 2009 on this property vvithout having Ms. Wojcik read the report and recommendation since it is the intent of the owner to move forward to the County Board no matter what is approved by the Board this evening. Seconded by Councilmember R ane� Motion passed unanimously., ��,t r-�--� �sk.e.yr• C'3� h� s �cr,�� ct .rsc= s�.r��,s- Y'�c' e c Y�'iY1 M !�1/ .�C�i K 4" �1V1 W D��aruel Gefb, 25�30 Fr�way��levar s. o� ci cuss�e t�ie principles for her recommendation to reduce the 2008 estimated�arket value m$1,950,000 to $975,000. Z J� -�I'� I`.S G-�7 1r iT`��-� e Councilmember Ryan moved d Councilmember Lasman seconded to reduce the 2008 estimated market value of $1,950,000 t 75,000. Motion passed unanimously. Franz Family Properties LLC, 2781 Freeway Boulevard. Ms. Wojcik informed that she needs to set a time to review this property and would suggest that the Board reconvene the Board of Appeal and Equalization. Councilmember Lasman moved and Councilmember O' Connor seconded to postpone action on 2781 Freeway Boulevard to allow Ms. Wojcik the opportunity to review the property and make a recommendation at the reconvened meeting. Motion passed unanimously. 10. SET DATE OF LOCAL BOARD OF APPEAL AND EQUALIZATION RECONVENE MEETING Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Board of Appeal and Equalization meeting on May 19, 2008, at 5:30 p.m. Motion passed unanimously. 11. ADJOURN Councilmember Lasman moved and Councilmember O' Connar seconded to adj ourn the meeting at 10:28 p.m. Motion passed unanimously. OS/OS/08 -5- DRAFT S G-c1 �O r r3 t�°I MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 12, 2008 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:02 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Community Developinent Director Gary Eitel, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QZJESTIONS Councilmember O'Connor requested the following change to the Work Session minutes of April 28, 2008: Pa�e 3, para�raph 5: Councilmember O'Connor stated her opposition to the creation of the Youth Coordinating Board. She said more can be done for vouth if the or�anizations continue to helr� vouth but not create more bureaucracv. ,�j It was the majority consensus of the City Council to accept the�m�ni��o the April 28, 2008, Work Session minutes. C° rr�c h Councilmember Ryan requested the following change to the Study Session minutes of Apri128, 2008: Pa�e 2. para�raph 1 under 57�' Lo�an Avenues Area Pollution, third sentence: and informing residents that they should'� a�~�'r��^" +�Y not be drinkin� the water from anv shallow wells that draw ¢round water. Residents in the area affected should be drinkin� tan water sunnlied bv the Citv water svstem." It was the majority consensus of the City Council to accept the amendment to the April 28, 2008, Study Session minutes. MISCELLANEOUS Councilmember Ryan reported he has received a memo from Director of Fiscal Support Services Dan Jordet stating that a member of the Financial Commission had been absent from Financial Commission meetings since September 19, 2006. This constitutes an automatic resignation; efforts to contact him have not been successful. 05/12/08 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE �CONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 28 2008 CITY HALL COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in Regular Session called to order by President Tim Willson at 7:40 p.m. 2. ROLL CALL President Tim Willson and Commissioners Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were Executive Director Curt Soganey, Director of Fiscal Support Services Dan Jordet, Community Development Director Gary Eitel, Assistant to the City Manager Vickie Schleuning, IT Director Patty Hartwig, Police Chief Scott Bechtold, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 3. APPROVAL OF AGENDA AND CONSENT AGENDA 3a. APPROVAL OF MII�TUTES 1. March 24, 2008 Regular Session Commissioner Lasman moved and Commissioner Ryan seconded approval of the Agenda and Consent A enda as amended. �n,zs o vr ►"'�-s�a j u-�-i W� os t` j V Ccs ✓C F'l o k L^ CE3 i�Y�-E1� ill�. Gt G ,Y h 1 I �'��G or re uested verification on the re uested ar�r��rri�' the minutes. Ms. Commissioner O Cann q q Hamer indicated the backup d ocuments of the March 24, 2008, EDA Regular Session minutes can be reviewed to verify the requested rior to the next EDA meeting. �m t`r� The motion on the floor was withdrawn. Commissioner Lasman moved and Commissioner Ryan seconded approval of the Agenda and Consent Agenda, with the Maxch 24, 2008, EDA Regular Session Minutes pulled from the Consent Agenda and added to the agenda of the next EDA meeting for approvaL Motion passed unanimously. 44128/08 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA BOARD OF APPEAL AND EQUALIZATION MAY 5, 2008 CITY HALL COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center City Council met as the Board of Appeal of Equalization and the meeting was called to order by Mayor Tim Willson at 7:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, City Assessor Nancy Wojcil�, Appraiser Jill Brenna, Appraiser Technician Karen Casto, Hennepin County Assessor Tom May, and Deputy City Clerk Maria Rosenbaum. 2. LOCAL BOARD OF APPEAL AND EQUALIZATION (LBAE) CERTIFICATION FORM City Assessor Nancy Wojcik introduced the completion of the Local Board of Appeal and Equalization Certification form. 3. THE PURPOSE OF THE LOCAL BOARD OF APPEAL AND EQUALIZATION Ms. Wojcik explained the purpose of the Local Board of Appeal and Equalization. 4. QUESTIONS REGARDING THE LOCAL BOARD OF APPEAL AND EQUALIZATION DUTIES There were no questions regarding the Local Board of Appeal and Equalization duties. 5. THE ASSESSOR'S REPORT Ms. Wojcik reported that during the summer of 2007 her office conducted re-inspections for the 2008 assessment of residential properties located East of Shingle Creek Parkway, South of 73` Avenue North, West of the Mississippi River, and North of 694/94. In addition to all single-family homes located in the review area, all commercial/industrial and apartment properties were reviewed. The inspection also included townhomes located in the Eastern portion of the City. The summer inspection area involved the review of approximately 1,783 parcels. OS/OS/08 -1- DRAFT All parcels were inspected from the exterior and the Assessor's Office inspected the interior of 55% or 992 homes, who responded to tags and advance notification. She stated the interior inspection percentage is up slightly from the previous year. The overall value changes made to the 2008 assessments were as follows: Citywide (including all property types) -4.40 percent Citywide (excluding new construction) -4.60 percent Citywide (residential single-family detached only) -8.20 percent Citywide (excluding new construction) -8.30 percent Commercial 7.40 percent Industrial 10.10 percent Aparhnents 0.50 percent Condominiums -13.60 percent Townhouses -10.80 percent Double Bungalows -8.30 percent Residential Neighborhoods: #50-#56 All Residential -8.20 percent (excluding new construction) -8.30 percent #50-#55 Residential Off Water -8.40 percent (excluding new construction) -8.40 percent #56 Residential Waterfront -1.10 percent (includes river/lake properties -1.90 percent I Excludes new construction) 6. QUESTIONS REGARDING THE ASSESSMENT REPORT Councilmember O' Connor inquired about the difference between the 2008 Assessment T� Capacity Payable in 2009 and the Comparison of the Assessed Value by Property Types. Ms. Wojcik responded by explaining that the assessed value is multiplied by a class rate to get the tax capacity. 7. APPEARANCES BY TAXPAYERS WITH APPOINTMENTS The following addressed the Board to appeal their 2008 estimated market values: Abraham Montemayor, 5307 Knox Avenue North, expressed that he believes his property is overvalued and outlined materials he provided to the Board this evening. Mr. Montemayor raised concerns regarding the assessment of his garage that was torn down in July of 2005, the compaxison timeframe of assessment valuations, and the difference of opinions with regards to his property being finished. Mr. Montemayor informed that the properiy is not finished at this time and he does hope to finish the property by this fall. OS/OS/08 -2- DRAFT Ms. Wojcik read her report and explained staff's recommendations for the properly located at 5303 and 5307 Knox Avenue North as included in the packet. Councilmember O'Connor moved and Councilmember Lasman seconded to reduce the 2008 estimated market value of $243,700 to $237,700 for taxes payable in 2009. Motion passed unanimously. Councilmember Lasman informed Mr. Montemayor, and any others, that were not satisfied with the Board's approval this evening, that they could appeal their estimated market values with the County Board. Randy and Patricia Snodgrass, 4741 Twin Lake Avenue North. Mr. Snodgrass expressed that he believes their property is overvalued and outlined materials he provided the Board this evening. Mr. Snodgrass expressed concern with the climbing estimated market values and waterfront properties. Ms. Snodgrass stated that she conversed with a mortgage company and believes their properiy is not worth the proposed estimated market value by the City Assessor There was discussion regarding waterfront properties and the percentage for both land and structures on waterfront properties. Ms. Wojcik read her report and explained staffls recommendations for the property located at 4741 Twin Lake Avenue as included in the packet. Councilmember Lasman moved and Councilmember Ryan seconded to reduce the 2008 estimated market value of $222,300 to $218,500 for taxes payable in 2009. Councilmember O'Connor moved to amend motion to reduce the 2008 estimated market value by 1.9 percent. Motion failed lack of a second. Councilmember Lasman and Councilmember Ryan's motion to reduce the 2008 estimated market value of $222,300 to $218,500 for taxes payable in 2009 continued. Councilmember O'Connor voted against the same. Motion passed. William Kenny, 7036 Willow Lane, expressed he believes both the taxable market value and estimated market value are higher than the property is worth and outlined materials he provided the Board this evening. Ms. Wojcik informed that the materials provided by Mr. Kenny were not river front properties. Ms. Wojcik read her report and explained staff s recommendations for property located at 7036 Willow Lane as included in the packet. Councilmember Lasman informed that she does not believe there is enough reason or facts to support a reduction and moved a motion, seconded by Councilmember Yelich, to sustain the 2008 estimated market value of $360,400 for taxes payable in 2009. Motion passed unanimously. OS/OS/08 -3- DRAFT Evelyn Pallas, 6006 Ewing Avenue North, expressed that she disagrees with the City Assessox's review about her exterior finish being average and outlined materials she provided to the Board this evening. Ms. Wojcik read her report and explained staff's recommendations for properly located at 6006 I Ewing Avenue North as included in the packet. Councilmember Lasman moved and Councilmember O'Connor seconded to reduce the 2Q08 estimated market value of $173,900 to $169,000 for ta�es payable in 2009. Motion passed unanimously. 8. APPEARANCES BY TAXPAYERS WITHOUT AN APPOINTMENT There were no appearances by taxpayers without an appointment. 9. CONSIDERATION OF WRITTEN APPEALS The following provided written appeals and were not present. David Trepanier, 5801 Knox Avenue North. Ms. Wojcik read her report and staff's recommendation to reduce the 2008 estimated market value of $172,000 to $167,600 for taYes payable in 2009, which is a reflection of the changes in property characteristics only. Councilmember Yelich moved and Councilmember Lasman seconded to reduce the 2008 estimated market value of $172,000 to $167,600 for taxes payable in 2009. Gouncilmember O'Connor asked City Manager Curt Boganey to inquire with the property owner about the well on this property and find out what it is used far and more information about the City asking him to disconnect the well. Motion passed unanimously. HPTWN Properties Trust, 2550 Freeway Boulevaxd. Ms. Wojcik read her report and recommendation to sustain the 2008 estimated market value of $3,744,500 or $44,500 per unit. Councilmember Lasman moved and Councilmember Yelich seconded to susta.in the 2008 estimated market value of $3,744,500 or $44,500 per unit. Motion passed unanimously. BCC Associates LLC, 6300 Shingle Creek Parkway. Councilmember Lasman informed that she would move the motion sustain the 2008 estimated market value of $6,700,000 for taxes payable in 2009 on this property without having Ms. Wojcik read the report and recommendation since it is the intent of the owner to move forward to the County Board no matter what is approved by the Board this evening. Seconded by Councilmember Ryan. Motion passed unanimously. OS/OS/08 -4- DRAFT BCC Associates LLC, 6200 Shingle Creek Parkway. Councilmember Lasman informed that she would move the motion to sustain the 2008 estimated market value of $6,700,000 for taxes payable in 2009 on this property without having Ms. Wojcik read the report and recommendation since it is the intent of the owner to move forward to the County Board no matter what is approved by the Board this evening. Seconded by Councilmember Ryan. Motion passed unanimously. Daniel Gelb, 2590 Freeway Boulevard. Ms. Wojcik discussed the principles for her recommendation to reduce the 2008 estimated market value from $1,950,000 to $975,000. Councilmember Ryan moved and Councilmember Lasman seconded to reduce the 2008 estimated market value of $1,950,000 to $975,000. Motion passed unanimously. Franz Family Properties LLC, 2781 Freeway Boulevard. Ms. Wojcik informed that she needs to set a time to review this property and would suggest that the Board reconvene the Board of Appeal and Equalization. Councilmember Lasman moved and Councilmember O' Connor seconded to postpone action on 2781 Freeway Boulevard to allow Ms. Wojcik the opportunity to review the property and make a recommendation at the reconvened meeting. Motion passed unanimously. 10. SET DATE OF LOCAL BOARD OF APPEAL AND EQUALIZATION RECONVENE MEETING Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Board of Appeal and Equalization meeting on May 19, 2008, at 5:30 p.m. Motion passed unanimously. 11. ADJOURN Councilmember Lasman moved and Councilmember O'Connor seconded to adjourn the meeting at 10:28 p.m. Motion passed unanimously. OS/OS/08 -5- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 12, 2008 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:02 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan and Mark Yelich. Also present were City Manager Curt Boganey, Community Development Director Gary Eitel, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember O'Connor requested the following change to the Work Session minutes of April 28, 2008: Pa�e 3, para�raph 5: Councilmember O'Connor stated her opposition to the creation of the Youth Coordinating Board. She said more can be done for vouth if the orffanizations continue to heln vouth but not create more bureaucracv. It was the majority consensus of the City Council to accept the amendment to the April 28, 2008, Work Session minutes. Councilmember Ryan requested the following change to the Study Session minutes of Apri128, 2008: Pa�e 2, para�ranh 1 under 57` Lo�an Avenues Area Pollution. third sentence: and informing residents that they should'�° ar� not be drinkin� the water from anv shallow wells that draw �round water. Residents in the area affected should be drinkin� tan water supnlied bv the Citv water svstem." It was the majority consensus of the City Council to accept the amendment to the April 28, 2008, Study Session minutes. MISCELLANEOUS Councilmember Ryan reported he has received a memo from Director of Fiscal Support Services Dan Jordet stating that a member of the Financial Commission had been absent from Financial Commission meetings since September 19, 2006. This constitutes an automatic resignation; efforts to contact him have not been successfuL OS/ 12/08 -1- DRAFT Mr. Boganey indicated the most recent letter sent to the individual was returned to the City due to the house being vacant. It was the majority consensus of the City Council to direct staff to proceed with the process of filling the open position on the Financial Commission. Councilmember O'Connor asked whether the City has taken action in relation to the concern she brought forward previously from the woman concerned about the condition of the property behind her at 6331 Orchard Avenue. Mr. Boganey indicated he will provide a report on the status of the property. Councilmember O'Connor stated she received a call from Bill Clabots, 5331 Halifax Avenue North, who is concerned that he has been told to take down one of the two structures in his back yard; one is a tent and one is a small structure. Chapter 35 of the City Code of Ordinances states that there can be two accessory buildings on a property. This is what Mr. Clabots feels he has, as his garage is built into his house, and he feels he is being harassed. Mr. Boganey replied Council has been provided with a letter sent to Mr. Clabots explaining why staff believes he is in violation of the City ordinance, which states that no more than two accessory structures are allowed. Attached garages are identified as an accessory structure in the Zoning Code. Due to the tl�ree accessory structures on Mr. Clabots' property, he is required to remove one structure. It was noted that there are a number of properties in the City that would be in violation of the City ordinance according to the definition of garages as accessory structures. There was discussion on code enforcement and equal treatment of code violations. Mr. Boganey explained there are structures in the City that may be grandfathered in depending on when the structures were installed. Councilmember O'Connor stated she received a letter from a woman who would like the City to look into reinstating the issuance of private kennel licenses. She stated her support of looking into the issue further. It was noted that dog complaints increased exponentially when kennel licenses were granted more freely. The City ordinance currently allows two dogs per homeowner. Mayor Willson, Councilmembers Ryan, Lasman and Yelich stated their opposition to reinstating the issuance of private kennel licenses. Councilmember Lasman requested information regarding the letter received by Council Members about an individual that fell down in the City. Mr. Boganey replied the City receives these types of letters on a fairly regular basis. They are turned over to the City's risk manager, the League of Minnesota Cities Insurance Trust, to make the determination on whether the City has liability. DISCUSS�ON OF WORK SESSION AGENDA ITEMS AS TIME PERMITS COMPREHENSIVE PLAN UPDATE Mr. Tom Loucks, Loucks and Associates,, provided an overview of the comprehensive planning process and the following planned methods to promote public participation: 1) City newsletter; 2) press release; 3} website; 4) personal mailing or phone call to community leaders and stakeholders. There was discussion on the importance of having citizen involvement in the preparation of the Comprehensive Plan and on the proposed timeline. OS/12/08 -2- DRAFT ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m, Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember O'Connor seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. WATERSHED MANAGEMENT ORGANIZATION TAXING AUTHORITY Mr. Boganey introduced the item and explained the Watershed Commissions are currently investigating options for funding the cost for preparation of the Third Generation Watershed Management Plan, which is estimated at approximately $90,000. These options include: An annual accumulation of funds leading up to the completion date. This option may be difficult due to the annual operating budget cap provisions for the Watersheds. Potentially forwarding the cost of the Management Plan updafe to Hennepin County for funding by a County ad valorem t� levy. This option is still being investigated. Mr. Boganey stated the City's representative on the Watershed Commission, Commissioner Carmody, had asked whether Council would like to give her direction or comment to the Watershed Commission about the option of using ad valorem t� levy authority as a means of paying for this particular cost. Commissioner Carmody's recollection is that the intent for the ad valorem tax levy was that it would be relatively narrowly considered and utilized strictly for capital projects, while the Watershed Commission is considering using the levy authority as a way of funding for the Management Plan. Commissioner Carmody requested guidance from the Council on funding for the Watershed Management Plan update. She expressed concern that there is quite a bit of support by the Watershed Commission to proceed with a levy, while there are places where the budget could be cut. Mr. LeFevere provided an overview of the possible fundraising mechanisms available to the Watershed Commission: Administrative levy raised by sending a bill through the cities. There is a cap on this option. Forwarding the cost of the Management Plan update to Hennepin County for funding by County ad valorem tax levy. Exploring the possibility of the Watershed Management Organization's ability to authorize a separate levy. The County's position on the interpretation of the legality of this option is not yet known. OS/12/08 -3- DRAFT ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 7:00 p:m. Motion passed unanimously. OS/ 12/08 -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 i REGULAR SESSION MAY 12, 2008 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 Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, Community Development Director Gary Eitel, City Attorney Charlie LeFevere, and Carol Hamer, 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 Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Todd Henning, Brooklyn Center Firefighter, provided the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING ular Session called to order b Mayor Tim Willson at The Brooklyn Center City Council met m Reg Y 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, Community Development Director Gary Eitel, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE i The Pledge of Allegiance was recited. OS/ 12/08 -1- DRAFT 6. COUNCIL REPORT Councilmember Ryan reported on attending the following events: Financial Commission meeting on May l The first in a series of ineetings that will be held to review the City's finances and assist the City Council in making sound decisions as they set priorities for the annual City budget. Isaiah Group Housing Forum at St. Joseph's Catholic Church in New Hope on May 8 Business leaders, educators, and community leaders were in attendance at the round table discussion to outline practical means to address the problems and need for affordable work force housing in the northwest suburbs. Councilmember Lasman reported on attending the Hennepin Technical College 35 Anniversary Celebration on April 30 The event showcased the many different offerings of post secondary education available. Councilmember Yelich announced the Brooklyn Center Crime Prevention Golf Tournament Fundraiser is scheduled for Friday, May 16 Councilmember O' Connor stated she has nothing to report. Mayor Willson reported Representative Debra Hilstrom has informed him there are two items floating before the Legislature in budget bills that affect the City of Brooklyn Center: Funding for Centerpoint Apartments and for the 57�' and Logan Avenues Environmental Remediation Project. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session minutes of April 28, 2008, and the Work Session minutes of April 28, 2008, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. April 28, 2008 Study Session 2. Apri128, 2008 Regular Session 3. Apri128, 2008 Work Session 7b. LICENSES MECHANICAL Discount Appliance 1051 109�' Avenue NE, Blaine Liberty Comfort Systems 627 E. River Road, Anoka Infinity Heating and A/C 1017 Meadowwood Drive, Brooklyn Paxk MOTOR VEHICLE DEALERSHIP Brookdale Metro Mitsubishi 7235 Brooklyn Boulevard RENTAL INITIAL 3524 53` Ave N 3524 53` Ave N Land Trust 6807 Humboldt Ave N C203 Marianne Javorski 6813 Humboldt Ave N B201 Stephanie Ford OS/12/08 -2- DRAFT 7164 Unity Ave N Eugene Olson RENEWAL 6331, 6401-25 Beard Ave N Clover Management 6037 Brooklyn Blvd N B Properties LLP 4703 68 Ave N Bernard McDonough 4214 Lakeside Ave James Shoultz 5332-36 Russell Ave N Douglas Ryan 419 67 Ave N John Stalock 4113 Lakebreeze Ave Pamela Grover 5449 Lyndale Ave N Dakota Communities 6907 Quail Ave N Tony Carmen Holder 6825 Scott Ave N Douglas Pederson Motion passed unanimously. 8. PRESENTATIONSlPROCLAMATIONS/RECOGNITIONS/DONATIONS 8a. RESOLUTION NO. 2008-56 EXPRESSING RECOGNITION AND APPRECIATION OF RICHARD THEIS FOR HIS DEDICATED PUBLIC SERVICE ON THE PARK AND RECREATION COMMISSION AND CHARTER COMMISSION Mayor Willson invited Richard Theis to the podium. Mayor Willson recited Resolution No. 2008-56 expressing recognition and appreciation of Richard Theis for his dedicated public service on the Park and Recreation Commission and Charter Commission. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008-56 Expressing Recognition and Appreciation of Richard Theis for his Dedicated Public Service on the Park and Recreation Commission and Charter Commission Motion passed unanimously. Mr. Theis addressed the City Council and thanked them for the recognition. He stated his public service has been very heartwarming and enjoyable and he has been involved in Brooklyn Center at various levels and functions for a period of time, He encouraged other residents of the City to come forward and volunteer. 8b. RESOLUTION NO. 2008-57 EXPRESSING RECOGNITION AND APPRECIATION FOR THE DECIATED PUBLIC SERVICE OF DETECTIVE STEVEN A. KARRIS Mayor Willson recited Resolution No. 2008-57 expressing recognition and appreciation for the dedicated public service of Detective Steven A. Karris. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-57 Expressing Recognition and Appreciation for the Dedicated Public Service of Detective Steven A. Karris. Motion passed unanimously. OS/12/08 -3- DRAFT 9. PUBLIC HEARINGS —None. 10. PLANNING COMMISSION ITEMS —None. 1 L COUNCIL CONSIDERATION ITEMS lla. RESOLUTION NO. 2008-58 AMENDING SPECIAL ASSESSMENT LEVY NO. 17071 TO RESCIND THE ASSESSMENT OF 2007 DELINQUENT WEED REMOVAL COSTS FOR 5801 EWING AVENUE NORTH Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember O'Connor seconded to approve RESOLUTION NO. 2008-58 Amending Special Assessment Levy No. 17071 to Rescind the Assessment of 2007 Delinquent Weed Removal Costs for 5801 Ewing Avenue North. It was noted that the City must be held to the letter of the ordinance and there was not proper notification for the assessment on this property. It was also noted that external maintenance is required on rental properties, which should be understood with any further communication with this property owner. Staff was commended for the research and appropriate recommendation on the amendment to this special assessment levy. Mr. Boganey stated prior to this coming to staff's attention, changes had been made in practices, policies and procedures which should minimize, if not eliminate, this sort of situation from occurring i in the future. Motion passed unanimously. llb. RESOLUTION NO. 2008-59 AMENDING CITY COUNCIL RESOLUTION NO. 2008- 28 TO AMEND THE ASSESSMENT OF UNPAID UTILITIES TO ACCOUNT #0042710003; 5801 EWING AVENUE NORTH Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008-59 Amending City Council Resolution No. 2008-28 to Amend the Assessment of Unpaid Utilities to Account #0042710003; 5801 Ewing Avenue North. Motion passed unanimously. OS/12/08 -4- DRAFT llc. RESOLUTION NO. 2008-60 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2008-05, 06, 07, AND 08, CONTRACT 2008-B, XERXES AVENUE AND NORTHWAY DRIVE STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS Mr. Blomstrom introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-60 Accepting Bid and Awarding a Contract, Improvement Project Nos. 2008-05, 06, 07, and 08, Contract 2008-B, Xe�es Avenue and Northway Drive Street, Storm Drainage and Utility Improvements. Councilmember O'Connor voted against the same. Motion passed. lld. RESOLUTION NO. 2008-61 ACCEPTING QUOTATION AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2008-13, CONTRACT 2008-G; REFORESTATION OF 2007 STREET IMPROVEMENT PROJECT AREAS Mr. Blomstrom introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember O'Connor seconded to approve RESOLUTION NO. 2008-61 Accepting Quotation and Awarding a Contract, Improvement Project No. 2008-13, Contract 2008-G; Reforestation of 2007 Street Iznprovement Project Areas. Motion passed unanimously. lle. RESOLUTION NO. 2008-62 SUPPORTING A JOINT POWERS AGREEMENT FOR A BROOKLYN CENTER AND BROOKLYN PARK YOUTH COORDINATING BOARD Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember O'Connor stated her opposition to the creation of the Youth Coordinating Board. She stated her position that a board like this will result in less time to help youth and will create more times for meetings and talking. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-62 Supporting a Joint Powers Agreement for a Brooklyn Center and Brooklyn Park Youth Coordinating Board. There was discussion on the cooperation and coordination of efforts of the cities of Brooklyn Center and Brooklyn Park. It was noted that the adoption of this resolution will authorize exploration of the joint powers agreement, and that the agreement is not being created at this time. Mayor Willson, Councilmembers Ryan, Lasman, and Yelich stated their support of exploring the creation of the joint powers agreement. OS/12/08 -5- DRAFT Councilmember O'Connor voted against the same. Motion passed. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjoununent of the City Council meeting at 7:31 p.m. Motion passed unanimously. OS/12/08 -6- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION MAY 12, 2008 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7:33 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Todd Blomstrotn, Community Development Director Gary Eitel, Police Chief Scott Bechtold, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. WATERSHED MANAGEMENT ORGANIZATION TAXING AUTHORITY The Study Session discussion on the Watershed Management Organization Taxing Authority continued. Watershed Commissioner Carmody stated the cost for the preparation of the Third Generation Watershed Management Plan is estimated at $80,000 to $90,000; the split between the Shingle Creek Watershed Management Commission and the West Mississippi Watershed Management Commission is usually 70/30, and the cost to Shingle Creek is estimated at $56,000 to $63,000. She expressed concern that none of the three options being considered for funding include cutting costs and with the appointed officials of the Watershed Commission levying a tax. There was discussion on the following in relation to funding for the Third Generation Watershed Management Plan: Taxing authority falls within the purview of elected officials, rather than appointed officials Willingness to further discuss raising the budget cap for several years as a possible funding mechanism Cutting costs elsewhere in the budget as a possible funding mechanism Commissioner Carmody was commended for her conservative stewardship of the taxpayer dollars. The majority consensus of the City Council was that funding for the Third Generation Plan should be part of the Watershed Commission annual operating budget. RESOLUTION ADOPTING NORTH SUBURBAN EMERGENCY OPERATIONS PLAN Chief Bechtold introduced the item and explained the City's current Emergency Operations Plan is due for evaluating and updating. He provided background information regarding the North Suburban Emergency Management Planning Group (NSEMPG) and emergency management responsibilities. He presented information on the advantages of a combined emergency operations plan. Mr. Bechtold provided a brief overview of the North Suburban Emergency Operations Plan. OS/12/08 -1- DRAFT There was discussion on the North Suburban Emergency Operations Plan, specifically in relation to the following: Annex E: Health/Medical Annex F: Security, Evacuation and Traffic Control Annex L: RadiologicaUHazardous Materials Protection Regularly scheduled updates of the plan will be within the appropriate requirements set forth by the federal government Impacts on staff time from training requirements The majority of the City Council was to direct staff to include the resolution adopting the North Suburban Emergency Operations Plan on the agenda of the next City Council meeting for Council consideration. MISCELLANEOUS Mr. Boganey stated a meeting regarding Center Pointe Apartments is scheduled for Thursday this week with several staff inembers, including the City Attorney and the Prosecuting Attorney. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 8:21 p.m. Motion passed unanimously. OS/12/08 -2- DR.AFT 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 MAY 19, 2008 CITY HALL COUNCIL CHAMBERS L CALL TO ORDER The Brooklyn Center City Council met as the Board of Appeal of Equalization called to order by Mayor Tim Willson at 5:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, City Assessor Nancy Wojcik, Hennepin County Assessor Tom May, and Deputy City Clerk Maria Rosenbaum. 2. L ZA I N BAE CERTIFICATION OCAL BOARD OF APPEAL AND E UALI T O Q FORM Mayor Willson informed that all members had signed the Local Board of Appeal and Equalization (LBAE) Certification Form. 3. THE ASSESSOR'S APPRAISAL REPORT 2781 FREEWAY BOULEVARD Ms. Wojcik summarized the history of the appeal of estimated market value for this property. She discussed information presented in her report included in the packet. She stated it is staff's recommendation to reduce the 2008 assessment from $2,190,000 to $1,870,000. There was discussion regarding the Global North property at 2000 Freeway Boulevard, the most weight on the income approach, and the Brooklyn Center comparable sale. ,i Allen Franz, Franz Family Properties LLC, addressed the Council to inform that his contact with the Assessing Department was because of the 20 percent increase in 2008 and that he no longer owns the business, he only handles the buildings. Councilmember Lasman moved and Councilmember Yelich seconded to reduce the 2008 assessment from $2,190,000 to $1,870,000. Motion passed unanimously. OS/19/08 -1- DRAFT 4. VERIFICATION OF CERTIFICATION FORM TO COUNTY ASSESSOR The City Council signed the Verification of Certification to County Assessor form. 5. ADJOURN Councilmember Lasman moved and Councilmember Ryan seconded to adjourn the meeting at 5:47 p.m. Motion passed unanimously. OS/19/08 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA CITY COUNCIL/CHARTER COMMISSION JOINT MEETING MAY 19, 2008 COUNCIL/COMMISSION CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council met in Work Session with the Charter Commission at City Hall and was called to order by Mayor Tim Willson at 6:02 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Assistant to the City Manager Vickie Schleuning, City Attorney Mike Norton, and Deputy City Clerk Maria Rosenbaum. Councilmember Mary O'Connor was absent and excused. Charter Commission Members present were Commissioners Stanley Leino, Edward Nelson, Gail Ebert, Harold Middleton (arrived at 6:18 p.m.), Eileen Oslund (arrived at 6:52 p.m.), and Richard Phillips. DISCUSSION OF CHARTER COMMISSION RECOMMENDATION AN ORDINANCE RELATING TO ADMINISTRATIVE FINES; ADDING A NEW SECTION 12.13 TO THE BROOKLYN CENTER CITY CHARTER Mayor Willson informed this meeting was to address the tabling of the Ordinance Relating to Administrative Fines; Adding a New Section 12.13 to the Brooklyn Center City Charter. Mayor Willson discussed there was one Councilmember who admittedly would not be in favor of adopting this ordinance amendment and there was nothing that could be done to change the decision. Charter Commission Chair Stanley Leino discussed that the Charter Commission spent a lot of time and effort on this issue and that if the matter had been voted down, it would have been a big disappointment. Chair Leino expressed he believes the Charter Commission would like to move forward with the ordinance without having a Special Election and would like to have administrative fines established. The Charter Commission will be meeting on May 22, 2008, and he hopes that there will be eight members to take action. Mayor Willson asked that the Charter Commission be sure to notify the Council as to what direction they take on this issue as soon as possible. OS/19/08 1 DR.AFT Discussion continued regarding the timing needed if this item is put on the General Election Ballot, the all powers clause in the Charter, and the possibility of having the City Council amend the City's Ordinance to incorporate administrative fines. Ma or Willson uestioned if the Charter Commission would like to have any of the Council Y q present for the meeting on May 22, 2008. Commissioner Nelson expressed that he believes there is no need for any further input from the Council. Commissioner Leino added that they have had all the input they need and would like to hammer this out themselves. The Council expressed their appreciation to the Charter Commission for all the work they have done on this issue. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council/Charter Commission joint meeting at 7:02 p.m. Motion passed unanimously. OS/19/08 2 DRAFT City Council Agenda Item No. 7b COUNCIL ITEM MEMORANDUM TO: Curt Bo ane Cit Mana er g g Y Y FROM: Maria Rosenbaum, Deputy Ci Clerk DATE: May 20, 2008 SUBJECT: Licenses for Council Approval Recommendation: I recommend that the City Council approve the following list of licenses at its May 27, 2008, meeting. 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 fees. A licants for rental dwellin licenses are in com liance with a lications and aid ro er p Pp P A P PP g Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on II the attached rental repart. MECHANICAL Air It Indoor Comfort 10524 Quebec Avenue N, Brooklyn Park Cashion HVAC Services 4148 Jansen Avenue NE, St. Michael Commercial Plumbing and Heating 24428 Greenway Avenue, Forest Lake Fireside Hearth Home 2700 Fairview Avenue, Roseville Perfection Heating Air 1770 Gervais Avenue, Maplewood RENTAL See attached report. SIGN HANGER Brite Image Sign Co. 10025 Raleigh Court, Woodbury Graphic House 9204 Packer Drive, Wausau, WI TOBACCO RELATED PRODUCT Musaab Inc. 6930 Brooklyn Boulevard, Suite 8 I� z r ,,Renta,I; on May 27,:2008 r `��x'��'.� U�l�Itl�� i I�SSE?'SSIIIg'i Inspector ��..Clerk� ��I�r�k r r s� w,��. s ,_n w Cl�rk�. p c�� a ��t p Dw�ll�ng Rene�wal U�paid �Unpaid Property,Address Type or Init�al ^�,Owner, Calls for Service �=U�ilities Taxes �6901 Morgan Ave N �Single Family Initial IComfort Bropleh �None per 12-911 Ordinance OK OK I 5347-49 Penn Ave N Two Family (2) Renewal Karen Pelak None per 12-911 Ordinance OK OK 5306 Russell Ave N Two Family (1) Renewa) Donna Reinarz None per 12-911 Ordinance OK OK 5401 Brooklyn Blvd �Single Family Renewal �Northport Properties �None per 12-9110rdinance OK OK 5407 Brooklyn Blvd �Single Family Renewal �Duane Orn �None per 12-911 Ordinance OK OK 7208 Perry Ct E (Single Family I Renewal �Vincent Okonkwo �None per 12-911 Ordinance OK OK �i I I City Council Agenda Item No. l0a COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Ronald A. Warren, Planning and Zoning Specialist DATE: May 19, 2008 SUBJECT: Planning Commission Application No. 2008-002 Recommendation: It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. Background: On the May 27,2008 City Council Agenda is Planning Commission Application No. 2008-002 submitted by Suzanne Berndt on behalf of Brookdale Office Park Limited Partnership, LLP requesting termination of an existing Declaration Regarding Parking Easement and Restrictions to be replaced by a Proof of Parking Agreement at 3300 County Road 10. This matter was considered by the Planning Commission at their May 15, 2008 meeting and was recommended for approval. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2008-002 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. ere are no u et i ues. Budget Issues: Th b dg ss Application Filed on 5-1-08 City Council Action Should Be Taken By 6-30-08 (60 Days) Plarming Commission Information Sheet Application No. 2008-002 Applicant: Brookdale Office Park Limited Partnership Location: 3300 County Road 10 Request: Termination of Parking Declaration The applicant, Susan Berndt, on behalf of Brookdale Office Park Limited Partnership, LLP, is requesting approval of the termination of an existing parking declazation regarding parking easement and restrictions to be replaced by a proof of parking agreement to satisfy City parking requirements as 3300 County Road 10. The property in question is zoned C-lA (Service/Office -No Height Limitaxion) and is part of a five building office complex located at the northeast quadrant of Brooklyn Boulvard and County Road 10. It is the most westerly office building in the complex, is five stories in height, is legally described as Lot 1, Block 1, Brooklyn Crossing 3` Addition and is addressed as 3300 County Road 10. It is surrounded by R-1 (One Family Residence) property to the north; by G1A zoned property containing four one story office buildings to the east; County Road 10 to the south with C-2 (Commerce) zoned property on the opposite side of the street; and on the west by Brooklyn Boulevard with PUD/G2 and C=1 zoned property on the opposite side of the street. It is also located within the CC (Central Commerce) Overlay District. The subject properiy contains general office and some medical office uses that currently require a total of 267 parking spaces. BACKGROUND In 1990, the City of Brooklyn Center authorized an accessory offsite parking arrangement that allowed up to 26 parking spaces from the property located east of and adjacent to the five story office building at 3300 County Road 10 to be dedicated for use by 3300 County Road 10 to accommodate potential medical uses in that building. The property on which the 26 dedicated spaces were located was proposed for a number of one story office buildings of which two had been constructed at that time. The other office buildings have subsuquently been built. The declaration regarding parking easement and restrictions acknowledging this arrangement was executed and filed with the title to the properties as Document No. 2117149. The easement and restrictions set forth in the declaration requires that it remain in effect until released in writing by the City in a recordable form. The applicant ha� provided a written request to release this obligation and a draft termination for City consideration. The applicant has also provided a current parking plan and parking analysis showing they can provide enough parking on the 3300 County Road 10 site to meet its parking requirements. Currently there are 255 parking spaces on the site of this five story office building. The parking requirement is 267 spaces given the mix of office and medical office space (50,094 sq. ft. regular ofFice and 5,099 sq. ft. medical o�ce). Page 1 5-15-08 They have also provided a"proof of parking plan" showing the ability to provide 12 additional spaces through a reconfiguration of the parking lot. The City has, in the past, authorized formal proof of parking declarations whereby an applicant will agree to install the required parking upon a determination by the City that some or all of the additional spaces are needed. Such a declaration would be filed with the title to the property as a covenant binding current and future property owners to its terms. This applicant is seeking such consideration also and has provided a draft proof of parking declaration of covenants based on one developed by the City Attorney for consideration. The parcel on which the four one-story office buildings are located currently has 174 parking spaces, which is more than adequate to meet its parking requirements. Other current easements and declarations such as an access agreement allowing the office building at 3300 County Road 10 access rights over the adjacent property to Northway Drive, would continue to be in effect. Also, cross access easements for driving purposes leading to parking spaces located on the 3300 County Road 10 site would continue to be in place as we1L It should be noted that the five story office building site at 3300 County Road 10 abuts County Road 10 and Brooklyn Boulevard but is allowed no direct access to these roadways. This was by design at the time the five building office complex was proposed. Hennepin County controls access from these roads and has indicated that it will not allow direct access from this site to these roads, thus the need for the access arrangement that has been in place for many years. RECOMMENDATION The information provided appears to be in order and if is recommended that Brookdale Office Park Limited Partnership, LLP be authorized to terminate the current declaration regarding parking easement and restrictions and provide a proof of parking declaration of covenants for 12 additional parking spaces at 3300 County Road 10 subject to review and approval by the City Attorney. Said declaxations are to be filed with the titles to the property in an appropriate manner. Page 2 5-15-08 Y 8 Y Y1 ,.r ._n 3c S 6� o N o o 4-��. O O O ,i�� N 1 p t �/1V 4 J ti O U p d. 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'�m a. n:' .e s� �,,p��- i 1�.. t ��I� t I i k:. +s..$F �dik�,. .S„= a u.�,�-a�,m...e„�:a�s cw.z.aetcteo�ec�sasls e nq"i. i http://gis.logis.org/LOGIS_ArcIMS/ims?ServiceName=bc_LOGISMap_OV &ClientVersion... 5/6/2008 1,, 500 Washington Avenue Sauth, Suite 3a00 ��1 Minneapolis, MN 55415 DEVFLC)P.ING REAI. F,STATE POK PCOPI.E, BUSINFSS t�r C'Oivl:vfUNT"I�I.ES Brooklyn Office Park Limited Partnership, L.L.P. Application to approve termination of existing parking easement and to create proof of parking agreement Property: Lot 1, Block 1, BROOKLYN CROSSING 3� ADDITION, Hennepin County, Minnesota Address: 3300 County Road 10, Brooklyn Center, MN May 1, 2008 Summary of Application This application to the City of Brooklyn Center is to request approval of the termination of the existing Declaration Regarding Parking Easement and Restrictions, Document No. 2117149, and the granting of a new declaration providing proof of parking. The existing Declaration Regarding Parking Easement and Restrictions grants the Office Tower Building an easement to utilize 26 parking stalls anywhere within the adjoining Brooklyn Crossing Office Paxk ("Office Park") located at 3220-3260 County Road 10 and 3200-3280 Northway Drive and was established to meet parking requirements for the Office Tower Building. A separate Declaration of Easements filed as Document No. 1456490 as amended by Document No. 3465291 provides required access easements over the Office Park for the benefit of the Office Tower Building. This document will be replaced in the future to include maintenance provisions and add utility easement along with the same access easements currently in place. Based on current zoning requirements the Office Tower Building is required to have 267 parking stalls. Their current parking available is 255 parking stalls, creating a shortage of 12 stalis. The 255 parking stalls have been shown to be ample parking for the Office Tower Building with many parking stalls remaining unused. In replacement of the existing Parking easement, we would like to establish a Declaration requiring the owner of the Office Tower Building to construct (l2) additional parking stalls when and if deemed necessary by the City of Brooklyn Center to meet the zoning code parking requirements. Based on current zoning requirements, the Office Park is required to have 166 parking stalls. Their current parking available is 174 parking stalls with a surplus of 8 stalls. The existing parking easement overburdens the Office Park by allowing 26 patrons from the Office Tower Building to park anywhere within the Office Park. Under the easement patrons of the Office Tower Building are allowed to park at prime parking spaces in front of tenant entrances at the Office Park in addition to potentially creating a parking shortage within the Office Park. The termination of t�e existing Declaration Regarding Parking Easement and Restrictions along with the replacement of the Declaration approving 12 proof of parking stalls for the Office Tower Building allows both sites to be independent with their paxking use without causing undue i hardship for either parcel. PARKING REOUIREMENTS BROOKDALE SITES REOUIRED PARKING 255 arkin stalls available (Short 12 snaces): BROOKDALE OFFICE BUILDING p g Gross Floor Area per old survey: 55,193 square feet Tia Chang (based on 1/150 sq. ft) 687 square feet 4.58 HC Medical (based on 1/150 sg. ft.) 4,412 squa.re feet 29.41 Other Office (sq. ft. x.0005 190 215.05) (based on 1/215.05 sq. ft.) 50,094 square feet 232.94 TOTAL REQUIRED: 266.93� The code is to interpreted as the greater of either (i) 3 per doctor and 1 for every 2 employees, or (ii) 1 for every 150 sq. feet. The only tirne the first option would be applicable would be in the event that there are several doctors. CROSSINGS PHASES II, III AND IV: AVAILABLE: 174 parking stalis (8 extra suacesl REQUIRED: 166parking stalls PHASE II 32'20 and 3260 BUILDINGS (72 parking stalls available per suggested platting): 3220: Gross Floor Area per survey: 8,340 square feet Dentist (1 dentist) 2,025 square feet 13.5 (based on 1/150 sq. ft.) Other Office 6,315 square feet 31.58 Total for 3220: 45.08 3260: Gross Floor Area per survey: 7,128 square feet 35.64 (all regular Office) Total Required for Phase IL• 80.72� PHASE III 3200 CREDIT LJNION (43 parking stalls available per suggested platting): Gross Floor Area per survey: 5,948 square feet 11 22 33.0� (Financial Institution) PHASE IV 3280 (59 parking stalls available per suggested platting): Gross Floor Area per survey: 10,384 square feet 51.92� (all regular office) i I Q m N O OD SITESUMMARY o —i7_ N t.. -r��--� SITE 2 I I I I�I I I I I I I I I I��J I 54/4356 R) IB1,754 S�. FT. (4.17 ACRES J �7_ I 1817 0 AC ES iz.. tt._ BUILDING SO. FT. 3 BUILDING TOWEA 55,193 SO. FT. ��n� BUI C p 84SO.FT. Y z` ��i1 G BUILDING B p3260 ��J28 S0. FT. Z 1 1 N a a� II BUILE ING I BUILDINGE-�3200 5,948SO.FT. N 1 2 1 1 TOTAL 86.999 S0. FT. a 9 1 R BUILDING A. B, C, E 6 l 166 STALLS PAFiKING PROVI�ED 174 STALLS y�l 1 a 1 m e BLVD PAfiKING REQUIRED nda �o' BUILDING TOWEN 'E Mu� �i PARKING PROVIDED 255 STALLS 1 PARKING HEOUIRED 267 STALLS 1 1 TQWER Q. 1 4 1 e_ BUILDING i o: SITE SUMMARY ,B� BUILDIN O �C� r o� e", C w S' f/1 �IIA��p' 6 152 N 0 c U V SI I I I I i 7� V O Q' sITE 9 �r O i I 1' ��i� !AS L1KE Ilo,1p nr Y i I I I l�� r 10 '3 m �24 �a €V�4&h"`� Q N U N Q /1 E%ISTING SITE PLAN a s�.� b o 0 0 N L U N C EX NG PARKING PLAN �SM �a.po�a�, R 1 ��I 330000U�0 a�ss�?��C.W„ BROONLYNCE SITESUMMARY SITE 181,754SO.FL(4.17ACRES) �181,754/435fi0 ACFES) �z� I� I I I��I I igi�i�L w� L�� i ia BUiLDINBUI DNGTOWER 55,793So.FT. v"�`- w a+_ iz i3 5am; Ip 12. n t.. q �7/ h -:i BUILDINGB-p3260 �7,128S0.FT. 1 ll�o� BUILDWG C-R3220 8.340 S0. FT. ��lfl1P�, G BUILDING E-q3200 5.948 SO. FT. (l l O E TOTAL 86,99950.FT. �,,e�_ ��/91i� ll II BUILDING I Z 10 BUILDING A. 8. C. E: 1 u PARKING PROVIDED 174 STALLS r 5 PARKI I 166 STAILS Y �IIOJI BUILO NGREQ�ERED i n+��\ PARKING PROVIDED 255 STALLS F �N�' BLVD 12 STALLS 12. a i� f PFOOF OF PARKING �li��' ��p�` (SHOWNDASHED) TOTAL PAHKING 267 STALLS B T PAPKWG REOUIRED 267 STALLS rcaw�R 2 e BUILDING B� SITE SUMMARY BUILDIN f 'C' Q r e��m'ns C, F t62 8 7� OQ hsi��—�iii.�.i..�.<<ii��_ii�� SITC 1 .,.s J�r ,o� M�`� a s /1 PROOF OF PARKING SITE PLAN U ttuc. �.�o.o t PROOF OF PARKING PLAN •�f.E�°� �CSM CorpoteUon PR_2 3300 COUNTY ROAD 10 ��w� BROOIfLYN CENtEN, MN 55�92 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 15, 2008 CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tem Roche at 7:00 p.m. ROLL CALL Chair Pro Tem Tim Roche, Commissioners Kara Kuykendall, Michael Parks, and Della Young were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Chair Sean Rahn, Commissioners Leino and Lund were absent and excused. APPROVAL OF MINUTES MARCH 27, 2008 There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to approve the minutes of the March 27, 2008 meeting as submitted. The motion passed. Commissioner Young abstained since she was not at the meeting. CHAIR' S EXPLANATION Chair Pro Tem Roche explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2008-002 BROOKDALE OFFICE PAR'TNERSHIP LIMITED PARTNERSHIP, LLP Chair Pro Roche introduced Application No. 2008-002 a request to terminate existing Declaration Regarding Parking Easement and Restrictions to be replaced by a Proof of Parking Agreement at 3300 County Road 10. The property in question is zoned C-lA (Service/Office No Height Limitation) and is part of a five building office complex located at the northeast quadrant of Brooklyn Boulevard and County Road 10. The subject property contains general office and some medical office uses that currently require a total of 267 parking spaces. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 5-15-08 for Application No. 2008-002, attached.) Commissioners asked for further clarification regarding the need for this change in the parking on the site. Mr. Warren explained that the applicant has requested the termination of the parking agreement since there is no longer a need for the shared parking. He added that based on the existing use of the property, there is adequate parking available provided the proof of parking agreement is executed. Page l 5-15-08 The applicant, Susan Berndt, 12658 Essex Ct, Eden Prairie, introduced herself and explained that one of the reasons for doing this was related to the undue hardship created for some of the smaller buildings with the cross parkirig agreement. She added that having each property operate independently by meeting their own parking requirements, means there will be no hardship to any of the properties in providing adequate parking. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2008-002-BROOKDALE OFFICE PARK LIMITED PARTNERSHIP There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to recommend to the City Council that Brookdale Office Paxk Limited Partnership, LLP be authorized to terminate the current declaration regazding parking easement and restrictions and provide a proof of parking declaration of covenants for 12 additional parking spaces at 3300 County Road 10 subject to review and approval by the City Attorney. Said declarations are to be filed with the titles to the property in an appropriate manner. Voting in favor: Chair Pro Tem Roche, Commissioners Kuykendall, Parks, and Young. The motion passed unanimously. The Council will consider the application at its Tuesday, May 27; 2008 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS Mr. Warren stated that he would like to table Item No. 6 on the agenda regarding Flashing Signs. He emphasized the importance of having a full attendance of Planning Commission members when this item is discussed. Mr. Warren also stated that city staff is attempting to establish two joint meetings with the City Council to discuss the Comprehensive Plan with the independent planning consultant hired by the City and another related to the Shingle Creek Parkway study, which is related to the O ortunit Site lannin Pp Y P g There was no other business. ADJOURNMENT There was a motion by Commissioner Parks, seconded by Commissioner Young, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 7:34 p.m. Chair Recorded and transcribed by: Rebecca Crass Page2 5-15-08 City Council Agenda Item No. 11 a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 26 THROUGH JUNE 28, 2008 WHEREAS, the purpose of Earle Brown Days is to promote the City of Brooklyn Center, its people, and amenities; and WHEREAS, residents, the City, community civic groups, and businesses participate in the annual civic celebration to demonstrate the vitali of the Cit of Brooklyn Center; and tY Y WHEREAS, in order for Earle Brown Days, Inc. to schedule certain events requiring City-issued administrative land use permits, it is necessary for Earle Brown Days to be declared a civic event. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Earle Brown Days are declared a civic event from June 26 through June 28, 2008. Mav 27. 2008 Date Mayar 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. llb COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City.Manager FROM: Scott Bechthoid, Emergency Management Director,�� DATE: April 8, 2008 SUBJECT: Resolution adopting the North Suburban Emergency Operations Plan Recommendation: Staff recommends that the Brooklyn Center City Council adopt the North Suburban Emergency Operations Plan as the official emergency operations plan for the City. Background: Each city is required to have an emergency operations plan and all emergency operations plan are required to meet the same criteria. For the last 10 years the North Suburban Emergency Management Planning Group (NSEMPG), comprised of Brooklyn Center, Brooklyn Park, Champlin, Crystal, Dayton, Golden Valley, Hassan Township, Maple Grove, Medicine Lake, New Hope, Osseo, Plymouth, Robbinsdale, Rogers and St. Anthony, has been meeting and sharing information. These cities have been working on the development of a single joint emergency operations plan, as it will enhance response between member cities. It is the intent of the NSEMPG that each member city adopts the joint plan as its own plan. The NSEMPG Emergency Operations Plan establishes a framework through which the member cities may prepare for, respond to, recover from and mitigate the impact of a wide variety of disasters and emergency events that could adversely affect the health, safety and/or general welfare of the citizens of the member cities. Because it is a framework, the details of how this is accomplished are contained in the operations documents of the respective cities. This plan is very similar to our local plan. This plan does not change the City's individual department standard operating procedures, which address more specifically how the departments w ill accomplish their goals. The NSEMPG will maintain and update this Emergency Operations Plan, as it is a living document that will see changes as time goes on. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE ADOPTION OF THE NORTH SUBURBAN EMERGENCY MANAGEMENT OPERATIONS PLAN WHEREAS, the city of Brooklyn Center is required to have an emergency operations plan; and WHEREAS, all emergency operations plans are required to meet the same criteria; and WHEREAS, a single regional emergency operations plan will enhance response between members; and WHEREAS, a common emergency plan will provide the ability for all the cities that comprise the group to work efficient{y and effectively together; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, adopt the North Suburban Emergency Management Operations Plan. 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. NSEMPG EMERGENCY OPERATIONS PLAN Apri12008 NSEMPG EMERGENCY OPERATIONS PLAN Region Generai Description General Description of the North Suburban Emergency Management Plaaning Region: The North Suburban.Emergency Management Planning Group {NSEMPG) is comprised of 11 contiguous cities (Brooklyn Center Brooklyn Pazk Champlin Crystal Golden Valleyf Ma le Grave Medieine Lake New Hope Osseo Plymouth Robbinsdale Rogers P the Ci of St Anthon ous 'urisdictio Y• Hassan Tawnshi and one nan-conti n, t3' P) J These cities are located in northeastern Hennepin Couniy bordered on the south by Interstate e and the West b of river fronta 394 the east and narth b the Mississi i River 16 miles g) Y Y PP 0 36 s uare mile land area or 24/0 enne in Coun Hi wa 101. This is an a ro�matel 1 q H P tY Y PP Y of the land area of Hennepin Cotmty. Geology: The geolagy af the region is made up of the Grantsburg sub lobe of the Des Moines lobe of the Laurentian ice sheet, the most recent glacier to cross the state, receded from the area approximately 11;000 yeazs ago. Till (the unsorted mix of materials deposited by a glacier} from the Des Moines lobe is gray-brown and contains matter imparted from North Dakota. and Canada. The lakes of the region are proof of the glaciers' presence. Water features: defined b MN DNR- A lake ma be Lakes: There are 4Q lakes in the NSEMPG re 'on as y Y defined as an enclosed basin filled or partly filled with water. A lake may have an inlet and/or an outlet stream, or it may be completely enclosed (landlocked). Generally, a lake is an area of open, relatively deep water that is lazge enough to produce a wave-swept shore. Rivers: Brooklyn Center, $rooklyn Park and Champlin shaze 16 miles of river frontage with the Mississippi River. A'atersheds: Re ion Mississi i Headwaters Basin, The NSEMPG is locatcd in the Upper lVi�ssissir�i g rr Metro Mississippi major watershed, and divided. into 5 sub watersheds (Elm Creek, West Mississippi, Shingle creek, Basset Creek and Minnehaha Creek). The watersheds ha.ve a direct relationship to both surface and ground water quality within the region. Climate: The NSEMPG region endures temperature extremes characteristic of its continental climate; with cold winters and hot summers, the record high and low span 174 degrees. Average lugh tempera�ure is 82.90° F and the average low temperature is 3.90° F Mean average tem eratures ran e fram 36°F to 49°F. Dew points range from about 6°F to 70°F. P g Meteorological events include rain, snow, hail, blizzards, polar fronts, tornadoes, thunderstorms, and high-velocity stra.ight line winds. The growing season varies from 90 i days to 120 days per year. Average annual precipitation ranges from 19 inches to 35 inches, and droughts occur every lU to 50 years. Page'- 1` NSEMPG EMERGENCY OPERATiONS PLAN Region General Description Popnlation: The populatian of the NSEMPG region is approximately 320,000 or 29% of the population of Hennepin County. Eight percent of the population does not speak English or speak English well. 1% Spanish spealdng 1% Inda- European speaking 2°10 Asian Pacific speaking 4 °10 all other languages). The percentage of non-English speaking individuals can be higher in some communities in the region then others due to concentration of different ethnic groups. Housing: There are 93,035 single family dweilings, 33,8I9 multiple family dwelling units (many of the recenfly constructed multiple family units are slab on grade constructian} and 283 manufactured home units in the NSEMPG region. Parks and Recreation: Within the region there are 297 municipa.l parks with 7 community centers. The Three Rivers Park District has 6 parks in the NSEMPG region. Elm Creek Park is the largest at over 4900 acres/ Maple Grove, Coon Rapids Dam Pazk Brooklyn Pazk, Eagle Lake Park Plymouth, Fish Lake Maple Crrove, French Park Plymouth, North Mississippi Regional Broaklyn Center. Industry and Business: Within the NSEMPG region there are 74 businesses with over 100 employees. 7- with 350Q- 1000 employees. 11 with 1000-500 emplayees 41 with 500-240 employees and 15 with 200-100 employees. 4 Fortune 500 Companies are either headquartered ar have a major presence in the region. (Tazget Corpora.tion/ Brooklyn Park, General Mills/ Golden Va11ey, Pentair/ Golden Valley Plymouth) Health Hosgitals and other health care facilities: Hospitals: The only general hospital currently located within the region is North Memorial Medical Center, a 518 bed Level One trauma. eenter located in Robbinsdale the south eastern part of the region. A second 300 bed hospital is planned for the northwestern part of the region in Maple Crrove, that facility has a 2009 opening da.te. In addition, service is provided to the region by Unity Medical Center {Fridley) Mercy Medical Center (Coon Rapids) Methodist Hospital(St Louis_Park) Hennepin County Medical Center {Minneapolis). Nursing Homes: There are 9 nursing facilities in the region with a combined bed count of 1743, which represents l8% of the nursing home beds in Hennepin County. The l (495 beds) and 5�` largest {296 beds) nursin� homes in Hennepin County are located in the region. These same facilities are the 1�` and 6 Iargest nursing homes in the state of Minnesota. A nursing facility in Golden Valley specializes in the care of bariatric patients (patients weighing >500 pounds) the avera.ge census of 10-20 patients. i Page'- 2� NSEMPG EMERGENCY OPERATIONS PLAN Region General Description `2 Specialty Medical Facilaties: There is one (21 bed) de-tox facility in the region located in Plymouth. There is also a specialty long term caze hospital with 92 beds located in Golden Valley, this facility is for those patients requiring caze greater than normally provided by nursing homes but less than a full hospital. This would include patients on long term ventilator support. Group I�omes and Specialty Care: There are 22 Crroup homes licensed by the Minnesota Health Devartment which operate wiihin the region. Each with authorized housing for between 6- 16 depending on the license pazameters. These facilities are located in Brooklyn Center (2} Brooklyn Park (4) Golden Valley (2) Maple Grove (3) New Hope (I) Plymouth and Robbinsdale (4). Total graup home population of 185. Most of the group homes either provide hvusing for adults with mental disabilities or children with significant medical disabilities: In addition, the Minnesota Denartment of Suman Services licenses 228 adult foster care facilities and 275 child foster care facilities. The census is 1 to 4 individuals. Churches: anous reli 'ons withiu the re ion of various faiths. 7 of There are 153 houses of worslu for v g P ca aci for 2Q00 the churches are classified as me a churches wluch are defined as having p ty g or more worshi ers at a service. The lar est is located in Brooklyn Park with a capacrty of P g 8000. Public Safe tY Fire Service: The NSEMPG region is served by 11 separate fire departments operahng out o f 25 fire sta.tians, combined appara.tus of 35 engines, 14 aerials, 1Q grass rigs and 5 tenders. The o aid on-call ar volunteer combu�ed fire department staffing consists of 579 firefighters (92 p and 8% fulltime paid firefighters) (fulltime paid includes firefighter qualified administrative staff and regular paid fulltime fire fighters). These services are augrnented through mutuai aid agreements with agencies outside the immediate region. Within the regional fire deparkments there aze 2 hazmat tearns, 2 radiahon response teams s ecificali for nuclear power plant incident response} 1 technical rescue team and a dive �P Y rescue team.. Dispatching and E-911 services aze handled through two primary 911 PSAP's (Hennepin Communicatia Golden Valle -St Louis Park Cammunication). Coun Shenff n, y Emer enc Medical Trans ortation: g Y P Medical transportation is provided by 3 emergency medical providers. North Ambulance (main facility including dispatch is located in Broolclyn Center). ALS BLS/ Helicopter Allina Meclical Transporta.tian (main facility and dispatch located in St Paul) ALS BLS and Hennepin County Ambulance Service (main facility and dispatch located in Minneapolis) ALS. These services are augmented through mutual aid agreements with agencies autside the immediate region. Page 3` NSEMPG EMERGENCY OPERATIONS PLAN Region Generat Descriptian Emergency Management: As defined in Chapter 12 of the Minnesota State Statutes each city within the NSEMPG region has an esta.blished emergency mana.gement program with at minimum an emergency mana.gement director. Law Enforcement: The region is served by 11 police departments with 457 sworn afficers. Officers from the region participate in the Anoka.-Hennepin Narcotics and Violent Crimes Task Force, Northwest Metro Drug Task Force. WitUin the region there aze 5 ta�tical teams and the Hennepin County Weapons of Mass Destructian Tactical Response Team. Regional law enforcement services are augmented by the Hennepin County Sheriffs' Office, Metro Transit Police, Minnesota State Patrol, Three Rivers Park, and MN Department of Natural Resources. These services aze augmented through mutual aid agreements with agencies outside the immediate region. Dispatchi.ng and E-911 services are handled through two primary 911 PSAPs Hennepin County Sheriff Communication, Golden Valley-St Louis Park Communication Corrections: The Hennepin County Adult detention facility is located in Plymouth with a maximum adult male population of 405 and maximum female population of 114. The work release program 11 loca.ted on the same campus has a capacity of 172 offenders. Several of the police agencies within the region have short term (72 hours or less) prisoner holding facilities which aze certified for specific time limits as deternuned by the Minnesota Department of Conections. Education including Preschool and Daycare: Schools: The NSEMPG region is comprised of 9 different school districts Anoka-Hennepin, Osseo, Brooklyn Center, St. Anthany-New Brighton, Robbinsdale, Wayzata, Hopkins and Intermediate School district 28'n which has a combined 46 elementary schools (28,039 students) 11 middle schools (12,579 students) 11 high schools (17,257 students) 26 private schools (5968 students) and 35 special educa.tion facilities. (1862 students). In addition, there is one community college ca.mpus and vocadonat college campus in the region both located in Brookl Park. Yn Daycare: There aze 101 commercial day caze centers located in the region, some offeri.ng 24 hour services. The census for most daycares is around 20 one has 195 children. St. Anthony has the fewest with 2 and Plym.outh the mast with 28. A handful of da.ycare facilities within the region affer ovemight child care. This does not inciude the several hundred private home da.ycares scattered throughout the region, licensed by the sta.te wluch provide for 2-3 children. Page 4 NSEMPG EMERGENCY OPERATIONS PLAN Region General Descriptian h Infrastructnre: Highways and Streets: The cities within the region have 1,445 miles of city streets, 28 miles of interstate highway, and lb miles of US tnuik highwa.y, 30 miles of Minnesota trunk highways and 164 miles of Hennepin County State Aid roadway. Transit: Maple Grove and Plymouth operate their own transit for intercommunity bus service; the rema�ning cities utilize Metro Transit for city bus service. There are 16 pazk and ride facilities and 3 transit stations in the region. The Martin Ruter Metro Transit Bus Operations ant� Maintenance Facility are loca.ted in Brooklyn Center. Metro Mobility provides transit services for the disabled in the region. Airports: The region has one airport operated by the Metropolitan Airports Commission at Crystal. It has three runways NW/SE parallel runways 3,266 feet 3,253 feet single NE/SW runway 2,499 fee� Crystal has the most runways of the MAC reliever airport network. The Control Tower is staffed 0700-2100 OCT 1-APR 3Q; 0700-2200 MAY 1-SEP 30. Crystal averages 500 take-offs and landings per day, with 72,Q00 flight operations in 2005. Rail: The region is served by tUree rail roads- Canadian Pacific Brooklyn Center, Crystal, New Hope, Golden Valley and Plymouth The E!W CP line Approx 20 trains lday, Max speed 40 mph The N/S CP line from Golden Va11ey through New Hope, Crysta,l Approx 4 trains day, Max speed 10 mph CPR operates a switchyard in south eastern Brooklyn Center Union Pacific- Golden Valley, Plymouth Approx 2 trains day, Max speed 25 mph Burlington Northern Sante Fe Golden Valley, Crystal, Robbinsdale, Brookiyn Park, Osseo, Maple Crrave Approx 1 train da.y, Max speed 25 mph BNSFE switchyard is in Fridley Pipelines: There is one pipeline that traverses the northern part of the region. It enters the region in NW Maple Grove crosses through Brooklyn Park and turns south into Brooklyn Center and crosses the Mississippi River in Minneapolis. It transgorts petroleum products (unlea.ded gasoline, diesel fuel, fiiel oil and jet fuel). The pipeline is approx 8 inches in diameter, with product flows in excess of 7,000 gallons per minute. The pipeline is approximately SQ years Page 5 NSEMPG EMERGENCY OPERATIONS PLAN Region General Description J,� old. The local contral valves for the pipeline are located on the west in St Micha.el and in Brooklyn Pazk on the east. Water Supply: Of the 12 cities in the region, 9 are supplied by ground water through a series of wells. There are 69 wells within the 9 cities. These wells draw their water from one of four aquifers (St Peter, Pra.irie du Chien-Jordan, Franconia-Ironton-Galesville and the Mt. Simon-Hinckley}, neazly twa thirds of the cities draw from Prairie du Chien-Jordan aquifer. Three of the cities aze supplied through the city of Minneapolis and the Mississippi River serves as a surface water supply for these cities. Eight of the cities have interconnected water supply systems to provide for collateral emergency wa.ter supply, four cities, Robbinsdale, New Hope, Crystal, and Golden Valley do not have interconnected systems. The region consumes on the average 37,267,000 gallons of water per day, with peak demand of 1b1,348,Q00 gallons per day. The peak is normally achieved during summer months when water demand is considerably higher. Waste Water Services: Each city withi.n the region provides both sanitary and storm water services. Municipal sanitary systems interconnect with the Metropolitan Council Environmental Services (MCES) system. The MCES provides waste water collection and treatment services. The system within the region is primarily gravity powered with 6 MCES lift stations. All waste water for the region is treated at the Metro Treatment Plant loca.ted at Pigs Eye in St. Paul. There aze still some properties in, the westein sections of the regian which srill utilize private septic systems. Utilities: Teiephone service is provided by the following companies: Bu1lsEye Telecom, Inc. Camputer Pra, Ina Desktop Media, Inc. DIECA Communications, Inc. Digital Telecommunications, Inc. dba DTI Global Crossing Local Services, Inc. Global Crossing Telemana.gement, Inc. Integra Telecom of Minnesota, Inc. Ionex Communications North, Inc. Lakedale Link, Inc. McLeodUSA Telecommunications Services, Inc. Qwest Corporation NOS Communications Inc. POPP.com, Inc. Sprint Communications Company L. P. Telephone Associates, Inc. The Minnesota Phone Company Financial Group LLP Time Warner Telecom of Minnesota LLC Trinsic Communications, Ina USLink, Inc. dba TDS METROCOM Electrical Utilities are provided by: Excel Energy Conne�s Wright Hennepin Electrical Cooperative There are 15 electrical power substations in the region. Page b NSEMPG EMERGENCY OPERATIONS PLAN Region General Descriptioa Natural Gas Utility: Centerpoint Energy Centerpoint has a product storage and distribution facility in Golden Vatley. I I Page 7 NSEMPG EMERGENCY OPERATIONS PLAN Basic Plan Revision 4 f Introductian The North Suburban Regional Plan establishes a framework through which the member �ities may prepaze for, respond to, recover from, and mitigate the impact of a wide variety of disasters and emergency events tha.t couid adversely affect the health, safety, and/or general welfare of the citizens of the member cities. Because it is a framework, the details of how this is accomplished are contained in the operations documents of the respective cities. The North Suburban Region includes the cities of Brooklyn Center, Brooklyn Park, Champlin, Crystal, Dayton, Golden Valley, Maple Grove, Medicine Lake, New Hope, Osseo, Plyxnouth, Robbinsdale, Rogers, Hassan Township, and S� Anthony. I. Reason for Plan The North Suburban cities aze subject to nattu�al disasters such as tornadoes, floods, and blizzards. In addition, other disasters such as train wrecks, plane crashes, explosions, infectious disease outbreaks, release of hazazdous materials, and foreign or domestic terrorism can occur at any time. An emergency plan is needed to articulate the management of a given hazard/disaster. II. Purpose The Regionai Plan describes the basic strategies and mechanisms through which the cities will mobilize resources and conduct activities to guide and support emergency management efforts using the National Incident Management System (NIMS). The Regional Plan is designed to coordinate resources to: A. Maximize protection of life and property B. Ensure continuity of government C. Sustain survivors D. Repair and restore essential facilities and utilities III. Le�al Basis and References A. Public Law 924, as amended. B. Public Law 99-499, (Superfund Amendments and Reauthoriza.tion Act (SARA) of 1986.) C. Homeland Security Presidential Directives (PDD 39, PDD 59) Page 1 NSEMPG EMERGENCY OPERATIONS PLAN Basic Plan Revision 4 C. Minnesota Statutes. Chapter 12, as amended. D. Minnesota Statutes, Chapter 353, Pipeline Safety Act. E. Minnesota. Sta.tutes 315; Emergency Planning; Community Right-to-Know Act. F. Minnesota Division of Emergency Management Bulletin No. 87-1. G. Hennepin County Emergency Plan H. Mutual aid agreements. I. Metro Northwest EMS Operational Plan. J. Facility hazardous materials plan. K. City Ordinances IV. Inte�rated Emereencv Manasement Integrated Emergency Mana.gement is a comprehensive system that integrates and coardinates vital agencies and resources into a program of disaster mitigation, preparedness, response, and recovery. The establishment of an Integrated Emergency Management System (IEMS) requires a systematic process that will: A. Identify risks and potential vulnerabilities B. Inventory community resources C. Outline roles and responsibilities of municipal and caunty departments D. Ensure strict caordination and communica.tion among sta.te, federal, and local governments, as well as businesses, industry, and volunteer organiza.tions Four !41 Phases of Emer�encv Manasement The four phases of Emergency Management operate in a cyclical fashian and remain in a state of constant progression and motion. Mitigation: Activities that eliminate or reduce the probability of occurrence of an emergency/disaster. i Page 2' NSEMPG EMERGENCY 4PERATIONS PLAN Basic Plan Revision 4 rj Preparedness: Activities that serve to develop and/or enhance the response capabilities needed in the event of an emergency/disaster. Response: Activities which help reduce casualties and damage, and which expedite recovery via the elimination of the hazard or hazazdous threat. Response activities include activation of warning systems, evacuation implementation, rescue activities and other similar operations contained in the Emergency Operations Plan functions. Recovery: Recovery includes both short-term and long-term activities. Short-term operations seek ta restore critical services to the community and provide for the basic needs of the public. Long-term recovery focuses on the restoring the community ta its normal or improved state of affairs. The Recove eriod is an o ortune time to institute mitigatian measures, particularly rY P PP those related to the recent emergency/disaster event. V. Emer�encv versus Disaster �Emergency: This is defined as an incident or event which can routinely be handled with normal local resources, personnel and procedures. Disaster: This is defined as an incident or event which cannot be handled with normal local resources, personnel, and procedures. Disaster Catesorv Tvnes Technological Disaster: This is a disaster incident or event wluch involves materiats or situations ereated by human beings. Natnral Disasters: This is a disa.ster or event which involves situa#ions created by nature which humans have no control, but are affected. National Security: This is a disaster incident or event wluch involves the use of threats, force, ar violence against Federal, State, County or Local Government and the civil rights of the people they protect. VI. Civil Defense This term was used previous to tha.t of Emergency Mana.gement. This encampassed an a11 hazard approach to disasters with a primary emphasis a Naxional Security and Nucleaz Attack. Page=3' NSEMPG EMERGENCY OPERATIUNS PLAN Basic Plan Revision 4 EMERGENCY MANAGEMENT RESPONSIBILITIES ASSIGNEMENTS BY FUNCTIONAL ANNEX Funetioaal Annex I Primary Resvonsibility I Support Responsibility Warn�cg Notification Hennepin County Sheri�s Disgatch/NAWAS Fire Depariment Warning Point Public Works Department Emergency Management EMS Agency Law Enforcement City Adminis�ation Minnesota State Duty Officer Direction Control Incident Commander On-Scene EOC City-wide Crisis Communication Public Information Officer Incident Comtnand EOC/Emergency M�mt Dir. Search Rescue Fire Related Fire Law Enforcement Mutual Aid-Multiple EMS Public Works Search Rescue Police Iaw Enforcement Mutual Aid-Law Enfarcement Related Fire EMS Pubtic Works Heaith Medical EMS-Transportation Law Enforcement Fire-Triage Mutual Aid Police-Triage Henn County Health Henn County Medical Examiner Scene Security/Crime Scene Law Enforcement Mutual Aid-La.w Enforcement Fire Pablic Works County Health Denartment Evacuation Law Enforcement-Outside HazMat Hot Zones Public Works Fire-Inside HazMat Hot Zones Administration-Transportation Mutual Aid-Law Enforcement Traffic Direction Control Law Enforcement-Outside HazMat Hot Zones Public Works Fire-Inside HazMat Hot Zones Mutual Aid-Multiple Fire Deparlment Services Fire Mutual Aid Fue Domestic Animals Law Enforcement Mutual Aid-Law Enforcement Humane Society Volunteers/Dona#ions Emergency Management VOAD, Henn Cty Emergency Prep Law Enforcement CitY Administration Damage Assessrnent Law Enforcement Emergency Management Fire Depaztment Red Cross Pubiic Works-Public Infrastructure Mutual Aid Building Fire Inspections-Structure Safety Inspections Assessing-Values and ProvertV Loss S Page=4' NSEMPG EMERGENCY OPERATIONS PLAN Basic Plan Revision 4 Sheltering/Congregate Care Red Cross Emergency Management Parks Recreation Salvation Army Community Ecanomic Develop-Housing Mutual Aid-Multiple Coordinator Debris Clearance Public Works Mutual Aid-Public Works Parks Recreation Utilities Restoration Public Works-City Utilities Emergency Managemern Utility company-Other Utilities Fire Police Mutual Aid-Muttiple HazMat Radiolagical Fire Mutual Aid Fire MN DEM Nuclear Power Plant Hennepin Cty Radiological Officer MN Pollution Control A�ency Law Enforcement National Security/Terrorism/ Law Enforcement Mutual Aid Law Enfarcement Civil Disorder Relevant Federal Agencies Emergency Management Fire Public Works Page -•5 Annez A NSEMPG Warning and Notification EMERGENCY OPERATIONS PLAN Revision 4 I. Puroose To provide an overview of the responsibilities and the procedures whereby the notification of key City officials and the warning of the general public aze accomplished. II. Resnonsibilities A. The Hennepin County Sheriffs Radio is the Hennepin County Waming Point. The CounTy Warning Point is responsible for relaying warnings to the appropriate public safety entity, which serves as the Cify warning point. B. As the City warning poin�, the appropriate public safety entity will ensure that all wanungs and notifications are handled properly. III. Oneratin� Procedures A. Warnings received from the County waming point. l. Activate weather alert radios. (Request the Hennepin County Dispatch to call the National Weather Service and request activation.) 2. Notify key government officials. 3. Notify certain private and/or public facilities {schools, industries, hospitals, nursing homes, and places of public assembly). The listed special facilities will receive warning notification through the audible signal emitted from the outdoor warning sirens and information supplied by the National Weather service over the weather alert ra.dios. 4. Hearing impaired individuals will receive warning by television crawlers and closed captioning. Visually impaired individuals will receive waming by sirens, radio and television sound. Visual and hearing impaired individuals may rely on companions for information. Among nan-English speaking groups there are some individuals, such as school children, who would understand and may convey the warning. Televisions are equipped with special features to allow non-Engiish speaking groups to receive information. 5. The County may activate the outdoor warning sirens. Annex A i I Annez A NSEMPG Warniag and Notification EMERGENCY OPERATIONS PLAN Revision 4 B. Weather warnings generated within region. Torna.do activity or susta.ined straight line winds in excess of 75 MPH (hurricane force) or potential for same. 1. Report conditions to County waming point and request siren activatian. 2. Hennepin County Dispatch will ca11 the National Weather Service to request activation of the weather alert radios. 3. Notify -key government officials. 4. Notify certai.n private and/or public facilities (schools, industries, hospitals, nursing homes, and places of public assembly). The listed special facilities will receive warning notification through the audible signal emitted from the outdoor waming sirens and information will be supplied by the National Weather Service over the weather alert radios. 5. Hearing impaired individuals will receive warning by television crawlers and closed captioning. Visually impaired individuals will receive warning by sirens, radio and television sound. Visual and hearing impaired individuals may rely on companions for information. Among non-English speaking groups there are some individuals, such as school children, who would understand and may convey the warning. Televisions are eqzaipped with special features to allow non-English speaking groups to receive information. C. Hazardous Materials situations within the region. Facilities in the region that aze required by either local, state, or federal regulatian to have a"facility plan" on file with the Fire Department will ensure tha.t proper procedures for notification of emergency public safety personnel are followed. Generally tlus is done through the local 911 system unless otherwise speeified in the plan. Assure that the Fire Department has been notified and obtain Response Level Description Whenever mass evacuation is necessary for an area whose outer boundaries extend at least 2540 feet from the point of incident: evacuated.. If a ro riate, u„�_ l. Obtain accurate descnphon of area ta be PP P identify snggested evacua.tion routes. Annex A 2 Annez A NSEMPG Warning and Notificatian EMERGENCY OPERATIONS PLAN Revision 4 �ww� 2. Report conditions to Hennepin County Sheriff s Communica�ions (Warning Point) and request Emergency Alerting System (EAS} broadcast and outdoor warning siren activation for the affected area. 3. Notify key govemment officials. 4. Notify affected priva#e and/or public facilities (schools, industries, haspitals, nursing homes, and places of public assembly). 5. Heating impa.ired individuals will receive warning by television crawlers and closed captioning. Visually impaired individuals will receive warning by sirens, radio and television sound. Visual and hearing impaired individuals may rely on companions far information. Arnong non-English speaking groups there aze some individuals, such as school children, who would understand and may convey the warning. Televisions aze equipped with special features to allow non-English speaking gronps to receive information. 6. See Hazardous Materials Notification list. 7. Notify Minnesota. State Duty Officer at the Bureau of Criminal Apprehension (BCA) (651-649-5451) D. All other emergencies L Contact responsible city government officials who will advise actions to be taken. 2. Succession of responsibility is Warning Officer, Supervisor on duty, Emergency Mana.gement Director, Emergency Management Coordina.tor. IV. Testin� Procedures State policy is that Sta.te, counties and municipalities test their publie warning systems at 13Q0 hours 1:00 .m. the first Wednesday of each month. P A. At 1:00 .m. the first Wednesday of each month, each city warning point will take P the following actions: 1. If requested by the County warning point, be prepazed to receive and acknowledge the TEST wazning ancUor monitor siren site(s) to confirm siren sounding(s). 2. Notify current service provider of any sirens fibat fail to activate. V Reference� Refer to the Emergency Resource Manual for cantact names and phone numbers Annex A 3 Annez A NSEMPG Warning and Notification EMERGENCY OPERATIONS PLAN Revision 4 ATTACHMENTS 1. Warning Point Flow Chart 2. Siren Coverage Map 3. Hennepin County Siren Coverage Map 4, Siren Location List 5. Outdoor Warning Siren Control 6. Procedure for Disconnecting Malfunctioning Sirens 7. Hazardous Materials Response Level Descriptions 8. Hazardous Materials Notification List 9. SAR.A, Title III Emergency Notification Report 10. News and Media Contacts ATTAC�IIt�NT 1 COUNTY WAR NiNG POIN7 (NAWAS� Sherifts Radio 93W Naper Street Golden Vatley, NN 55427 Phone: 525-6210 Centrex Phone: 562-622B Supenisor NATLWEATHB� SYC NAWAS Has24hr capabil'itY Radio I SIRBNS 6301 3dth Pve S Phone and aux�iary pawer Tone I Mpls, NN+1 5+5d50 Phone: 7253742 ALT: MECC. City Ha[ Phone: 725-3743 Mpls, MN 55415 Pimart Observations Oniv Phone: 3A6�7210 I Phone: 346-2345 NAT'LWEATHER SVC I 1733 Lake Drive West Chanhassen, MN 55317 Phone: 361-6671 Pt�one: 361-6672 Phone: 361-6673 I, Clty NOAA w8TriIIIg YYeather Radio POlnt I Phone PFione I F�1f PRIVATE GOVBZNh�1T PUBLJC OFflC1ALS FACiUF1ES Annex A 4 d a v o 'p p p y, 4 y e' o Z N 4: f ��Ik� F r �4 R�� h.. 9� t p 5 T s. 3 .t'� si A`^�" t i �ki,r: 1� '��3s q� c t�� Hi M 1 p. R z x t��„ II/ y <M r x a� E �a t�x 5 h' r t trt 5 xR .�u ..,.s�R Y .E. ,,y+ A� �,r�� 5'�,�� s �x' r. S 's� .e as".�` Y 7 Q w 1� rr�h p� k Y i ��9 i Y tll0. V .Y Y 7 y k, T f '�rv.'� f 'ni� g ;c�`�'�, ?,1 i .c r4ylrC�i�.� y 'e� 1 2 F 2 �J,� �F 9,da. 'r .s� t 4y ��a "!a�§��'., y F�k h` .4; tk��'Y 7 i 4 i A 'P+`"°t tl f �.$Y t�^�M1 4 ra)'� �Yi R� E�.d,� t� .srt°' .f ,S 'K p�� Q yi ,�t n'� 1 �r� �'t�q� at r 4, f s V. Y N N 4#1 dt v{ �y y S'+ h n s k� 4 `Y s I 9 M. r SC w i, .r J '.0 �t J r l C l/�1 t '�r` K !.R r� �r ,�„��r �;it 4 �,W r A� .F \y�/ F i% 1 f A Ty �e I j� M1 I M r ti K ��q.d^ tr ..`5 1 r��'1�� 2 r ,�,�a r �;3. �'�p a�Y 0 �'t a J Mh` t U s�`� i y f r '�k T i E"'� 1 �'i t �a 1t> Mr� r_�T� r�c^� f p�N;I .r�"Su;: E V h x #;ib�i�t �F.., S F. 4 r t .t h F s p Q� u> 4> N a C7 w t N y d'! .g r ra'� f .�7 a >B� a O F w F O w •��,y,..9� ,Ry. G ,�'g'�. J 7aT 9 a�' s 4 ��^t� r �:5. k �3u O a�i'�'' s� f W 5 w� O p •F 5 i r L W l h o' V ��'I "E'�**' a z a y z .e... Annez A NSEMPG Warning and Notifica#ian EMERGENCY OPERATIONS PLAN Revision 4 ATTAC��VIVIENT 3 OUTDOOR WARNING SIREN CONTROL The standard operating procedure for the han.dling of complaints, malfunctioning of sirens, agency respansible for power supply, ra.dio controls, mechanical function and the posting af information on the controi boxes of the outdoor warning sirens is as follows: I. Each City will receive and handle all reports and problems concerning the outdoor warning sirens withi.n their community. II. It shall be the duty of the public safety personnel to disable malfunctioning sirens as quickly as possible. Siren control boxes are mounted on ea.ch siren pole. III. The appropriate city personnel will take the following actions: A. If more than one siren is reported as sounding, ca11 Hennepin County Sherif€'s Communica.tions to determine if they have triggered the system. The contrai points are Hennepin County Sheriffls Communications, and the City of Minneapolis Cammunications Division. B. If a local siren is in trouble: 1. Personnel will be immediately dispatched to the location to open the cantrol box and shut off the power of the siren. 2. Advise the Emergency Mana.gement Director or the Coordinator, so that the siren maintenance contractors can be natified. 3. The Emergency Mana.gement Director or Coordinator will contact the current maintenance contra.ctor. C. The contractor(s) shall examine the siren, repair if needed, restore siren to ogerational readiness, and report the status immediately to the Emergency Management Director or the Coordina.tor. The Emergency Mana.gement Director/Coordinator or their designee is authorized to offer public announcements concerning the siren malfunction. Details of the facts to be released are: 1. What ha.ppened 2. Where 3. What the signal means to the public 4. Request public NOT to call the police, fire, or 9-1-1, etc. Annex A 6 Annez A NSEMPG Waraing and Notification EMERGENCY OPERATIONS PLAN Revision 4 ATTACffiV�NT 4 PROCEDURE FOR DISCONNECTING MALFUNCTIONING OUTDOOR WARNING, SIRENS Outdoor warning sirens have been integrated into the county-wide/metro wide radio controlled system. The technology used to activate and dea.ctivate sirens is extremely relia.ble. However, on occasion, a siren may activate on its own due to an electrical, mechanical or radio malfunction. When this unlikely occurrence happens, the following procedure is to be followed: 1. The dispatcher or other public safety person receiving the report of a malfunctioning siren on the telephone is asked to ascertain the locatian of the malfunctioning siren (if possible), and keen the comnlainant on the nhone. 2. The call receiver is ta notify Hennepin County SherifP s Communications and advise them of the reported maifunction and request #hat the dispatcher send out a cancel signal to our siren if the activation is accidental or a result of siren maifunction. 3. After the cancel signal has been put aut by Hennepin County, ask the complainant if the siren has stopped. 4. If the siren is still sounding, obtain the keys for the malfiznctioning siren to access the control box. 5. Federal sirens can be disabled by simply turning the circuit breaker control to the "off' position. 6. Notify the Emergency Mana.gement Director or Coordinator so they can arrange for repair of the siren and/or radio controls as needed. 7. For repair the Emergency Management Director or Coordinator will contact the current maintenance contractor. ATTAC�IMENT 5 AA7.ARDOUS MATERIALS RESPONSE LEVEL DESCRIPTIONS Resnonse Level 1- Potential Emergency Conditions An incident or threat of a release which can be controlled by the first response agencies and does not require evacuation of other than the involved structure or the immediate outdoor area. The incident is confined ta a sma11 area, and does not pose an immediate threat to life or property. Annex A 7 Annex A NSEMPG Warning and Notificatian EMERGENCY OPERATIONS PLAN Revision 4 Level 1 A�encv Contacts: Fire Department Police Department Allina/HCMC/North Memorial Transportation Services (EMS) Bureau of Criminal Apprehension State Duty Officer Resnonse Level 2- Patential Emergency Conditions An incident involving a greater hazard or larger area which poses a potentiai threat to life or property and which may require a limited evacuation of the surroundi.ng area. Level 2 A�encv Contacts: All Agencies in Level 1 City Ma.na.ger/Administrator Emergency Management Director/Coordinator Partial EOC Activation Regional Chemicai Assessment Team Hazardous Materials Team Hennepin County Emergency Preparedness ,r� Red Cross ATTACH1t�NT 6 Resvanse Level 3- Potential Emergency Conditions An incident involving a severe hazard ar a large area which poses an extreme threat to life and property and will probably require a large-scale evacuation or an incident requiri.ng the expertise or resources of County, State, Federal or private agencies/organizations. Level 3 A�encv Contacts: All Agencies in Level 1 and 2 Mutual Aid Fire Mufuat Aid Law Enforcement Mutual Aid EMS MN HSEM EPA FEMA State of MN Hazardous Materials Response Team Fuil EOC Activation Annex A 8 Annex A NSEMPG Warning and Notification EMERGENCY OPERATIONS PLAN Revision 4 The contacts listed are only a guideline. Any and all agencies could be contacted at any level as the situation wouid dictate. Additianal resaurces from the public and private sector should be considered. ATTACHNIENT 7 H�7._ARDOUS MATERIALS NOTIFICATION LIST, For all Response Level I, II and III incidents, the following agencies are to be contacted: Sta.te Duty Officer: (651) 649-5451 CHEMTREC: 1-800-424-9300 National Response Center: 1-800-424-8802 or 2Q2-426-2675 or 202-267-2675 *The State duty officer is responsible for notifying all appropriate State and Federal agencies, hould it es calate. e the Sta.te du officer aware of the situation, s therefore, rt is essent�al to ke p ty LEVEL 1 CONTACTS: ,'i Police Chief Emergency Management Director Fire Chief LEVEL II CONTACTS: Level 1 Contacts City Manager/Administrator Director of Public Works Director of Pazks Recreation LEVEL III CONTACTS: Level l and 2 Contacts Director of Finance Functions in Annex B, Directian and Control, Attachment 3. Duty Officer: Date: Time: AM/PM Annex A 9 Anneg A NSEMPG Warning and Notification EMERGENCY OPERATIONS PLAN Revision 4 .,r� SARA. TITLE III EMERGENCY NOTIF'ICATION REPORT Facilities must, per Title III, Section 304, provide all of the foilawi.ng information: Caller's Name Telephone Representing facility at Contact persan for additional information: Name Telephone Chemical name/identity of chemical(s) involved in the release: Is this a Reportable Chemical as listed in SARA, Section 302(A)? Yes No f``� Incident Snecs: Quantity spiiled/released into the environment: Time of spilllrelease AM/PM Duration of spilUrelease hours minutes Released into: Air Water Soil Any known/anticipated acute or chronic health risks associated with this release? If yes, describe: Any advice regazding medical attention necessary for exposed individuals? If yes, list: Proper precantions to take as a result of the release, including evacuation. Annex A —10 Annex A NSEMPG Warning and Notification EMERGENCY OPERATIONS PLAN Revision 4 1=' The affected azea for each grecautionary action: Other individual(s) notified, including Emergency Planning Committee(s), Emergency Coordinaxar(s), other states, etc. Name Renresentin� Time Telenhone Number f f f 1 Follow-up Emergency Notice This information must, by law, be provided by the facility, in writing, to the Emergency Planning and Community Right to Know Act Program at the following address: State Emergency Response Comniission Emergency Planning and Community R.ight to Know Act Program 444 Cedar Street Suite 223 S� Pau1, MN 55101 On the first working da.y following a Title III release notification, provide a copy of this form to HSEM. ti� Annex A ll Annez A NSEMPG Warning and Notification EMERGENCY OPERATIONS PLAN Revision 4 ATTACAMENT 8 Regional News Media Contacts Minneapolis Star Tribune Wayzata-Orono-Plymouth-Long 425 Portland Ave Lake Sun Sailor Minneapolis, MN 55448 1Q917 Valley View Rd Phane: 612-673-4414 Eden Prairie, MN 55344 F�: 612-673-4359 Phone: 952-829-0797 Fax: 952-392-6802 Deadline 5:00 p.m. on Wednesday for following Wednesday publication. Lakeshare R'eekly News 1041 Twelve Oaks Center Drive, Suite 1017. Wayzata, MN 55391 (952) 473-0890 (952) 473-0895 Fax Deadline-12:00 p.m. on Friday for Tuesda.y's paper KSTP TV KMSP TV FOX 9 3415 University Ave 11358 Viking Drive Sai.nt Pau1, MN 55114 Eden Prairie, MN 55344 Phone: 612-588-6397 (newsroom) Phone: 952-944-9999 Fax: 651-642-4409 Fax: 952-942-0455 (Same as UPN 29) St. Paul Pioneer Press WCCO TV 345 Cedar Street 90 S. l lth Street St. Paul, MN 55101 Minneapolis, MN 55403 Phone: (651) 228-5490 Phone: b12-339-4444 Fax: (651) 228-SSb4 Fax: 612-330-2767 UPN 29 News KARE-11 Television 11358 Viking Drive 8811 Olson Memorial Hwy Eden Prairie, MN 555344 Golden Va11ey, MN 55427 Phone: (952) 946-5767 Phone: 763=546-1111 F�: 952-942-0455 (Same as Fox 9) F�: 763-546-86U6 Cable 12 News WCCO Radio AM 830 6900 Winnetka Ave N 625 2 Ave S Brooklyn Park, MN 55428 Minneapolis, MN 554Q2 Phone: 763-533-8196 Phone: b12-370-0611 Fax: 763-533-1346 Fax: 612-370-0159 :i% Annex A —12 Annez A NSEMPG Warning and Notification EMERGENCY OPERATIONS PLAN Revision 4 'F Robbinsdale-Crystal-New Hope- Osseo-Mapie Grove Press Galden Valley Sun Post 33 2 Street Northeast 10917 Valley View Road Osseo, MN 55369 Eden Prairie, MN 55344-3730 Phone: 763-425-3323 Phone: 952-829-0797 Fax: 763-425-2945 Fax: 952-392-6802 Champlin-Dayton Press Brooklyn Center-Brooklyn Park Sun Past 33 2 Street Northeast 10417 Va11ey View Road Qsseo, MN 55369 Eden Prairie, MN 55344-3730 Phone: 763-425-3323 Phone: 952-829-0797 F�: 763-425-2945 Fax: 952-392-6802 Annex A —13 Anneg B NSEMPG Direction and ControVEOC EMERGENCY OPERATTONS PLAN Revision 4 I. Purpose Ta describe how direction and control for the City response to a disaster/emergency will be accomplished. II. Resnonsibilities A. City Mana.ger Administrator: The City Manager Administrator will be responsible for providing overall direction and control of City government resources involved in the response to a disaster/ emergency. The line of succession to the City Manager/Administrator is as follows: City Manager Administrator or designee City Emergency Management Director or designee B. City Emergency Management Director: The Emergency Management Director will serve in a sta.ff capacity to the City Manager Administrator and will coordina.te a11 aspects of this plan. Line of suc�ession to the Emergency Mana.gement D"uector is as follows: Emergency Management Coordinator /s or designee .i III. Integrated Emer�encv Mana�ement Svstem The Integrated Emergency Management System incorporates the disaster/emergency scene management (Incident Command System/National Incident Mana.gement System) with the disaster/emergency support efforts (Emergency Operatians Center, Public Information OfFicer, and Elected Officials). This system functions as a long-term, all- hazard concept for improving program implementation and development of the City's emergency management capabilities. This also allows for interaction with other organizations such as County, State, and Federal agencies as well as businesses or corpora.tions that might also be affected by the disaster/emergency event. N. Emer�encv Onera.tin� Center fEOCI Direction and control of response to a disaster will be carried out at the EOC. If for some reason the EOC is not usable at the time of a disaster, an. altema.te EOC could be established in a regional pariner city. Activating the EOC to full operational condition can take up to 1 hour. A. Criteria for EOC Activation The EOC will be fully activated and staffed upon the occurrence of a disaster/emergency, which represents a threat to Iife and property and involves a coordina.ted response of City departments and multi-levels of government. There '`;"i may be a limited activation of the EOC in response to a threa.t, or potential threat Annex B —1 Annez B NSEMPG Direction and ControUEOC EMERGENCY OPERATI4NS PLAN Revision 4 to the safety af residents, including the release of a reportable product as the result of a hazardous material incidentlaccident. B. Resnansibilitv for EOC Activation 1. The City Manager Administrator, any City Department Director, or the Emergency Mana.gement Director or designee can activate the EOC. The Emergency Mana.gement Director is respansible for ensuring that the EOC is activated according to the criteria discussed above. 2. The EOC staff will be responsible for the operations of their particulaz service or assignment. 3. Coordination of operations will be the responsibility of the Emergency Mana.gement Director. 4. The Emergency Management Director will alert the EOC staff via telephone or ra.dia a. Only the needed staff will report depending on the disaster or situation. b. Hazardous materials incident activation will follow the response levels 1,, 2, and 3 activation levels. c. Nuclear disaster/emergency incidents will follow the Readiness Conditions 3, 2, 1. C. .Sta.ffin� of the EOC Each departmentlagency assigned an emergency function is represented in the EOC and is responsible for ensuring that its representative is familiar with the duties which helshe is expected to perform at the EOC. Each departinent will create plans to staff their functional unit for 24 hour cavera.ge if necessary. Voluntary agencies will be requested as needed.. D. EOC Eauipment/Sunnlies The Emergency Management Director or designee is responsible for ensuring that the EOC is opera.tional that the necessary maps, displays, tables and chairs, communications equipment, message logs, etc. are on hand and available for use in the EOC. E. Emersencv Generator The EOC has an emergency (back-up} power source. Annex B 2 Annez B NSEMPG Direction and ControUEOC EMERGENCY OPERATi4NS PLAN Revision 4 F. Securitv It is the responsibility of the Emergency Management Director Coordinator to provide for EOC security during times of activation. G. Emergencv Sunolies Food It is the responsibility of the Emergency Management Director Coordi.natar to provide for emergency supplies /food during times of activation. H. Ventilation If the need arises to deactivate the HVAC system for the building to stop outside air from entering the building, the buildi.ng maintenance personnel need to be conta.cted. The cantact numbers far these individuals can be found in the Resource Manual. 54 I. Sanitation If the need arises for �additional or replacement bathrooms for personnel working in the EOC, Maple Grove Emergency Management has 2 portable units that can be dispatched as required through Hennepin County Dispatch. J. Communications Canabilitv of the EOC Cities within the region have com.munication capabilities with the following in order to carry aut their emergency responsibilities: 1. EOC to City Departments: Each city within the region has structured the functions and control of the organiza.tion under a number of separa.te City Departments. Each department has a variety of communications equipment to meet the changing needs of the City. Communication means such as telephone, cellulaz telephone, radio, teletype and facsimile are identified in various rosters. Current copies should be maintained within each city department and emergency mana.gement program offices. 2. EOC to Hennepin County (telephone and radio): Hennepin County Sheriffs Radio Radio and Telephane Annex B 3 Anaez B NSEMPG Directioa xnd ControUEOC EMERGENCY 4PERATIONS PLAN Revision 4 This system can be used to conta.ct any Hennepin County department, as well as other surrounding metropolitan agencies. *Hennepin County Sheriffs Radio, North Main (763) 525- 6220. Public 6221 6224 6225-Police South Main (763) 525-6210. Public 6211 6214- Police East Main (763) 525-6230- Public 6238- Police Clerk Information {763) 525-6234 i Radio Service (763) 525-6200 3. EOC to other municipalities within the metro area (telephone and radio): Hennepin County Emergency Prepazedness Directory Qwest Government Listings Hennepin County SherifFs Radio The city emergency management program maintains a list of frequentiy called and after hours numbers. Those numbers are located in the Resource Manual: 4. PubliciPrivate Facilities: a. Schools within the region Telephone/Facsimile b. Metro Narth West Hospitals TelephonelFacsimileJRa.dio 5. Regional Coordinator and State E�C: a. Metro Region Telephone/Facsimile b. State EOC Telephone/Facsimile Annex B 4 Annez B NSEMPG Direction and ControUEOC EMERGENCY OPERATIONS PLAN Revision 4 6. Other Government Agencies: a. National Weather Service Office Telephone/Radio b. Pollutian Control Agency Telephane/Facsimile c. National Guard Telephone/Facsimile 7. News Media: a. Television Telephone/Facsimile b. Radio Telephone/Facsimile c. Newspaper Telephone/Facsimile V. Use of Nationat Incident Manaeement Svstem/�ncident Command A. Mandatory use and training of NIMS/ICS: The National Incident Management System/Incident Command System shall be used as the means by which response and recovery responders structure and manage emergency/disaster incidents witfiin the region pursuant to City Ordinance and the Superfund Amendments and Reauthoriza.tion Act (SARA Title IIn per OSHA. All city Police, Fire, and Public Works responders and supervisors shall be trained in the National Incident Management Systemfincident Command System and shali implement it during emergency/disa.ster incidents. B. NIMS/ICS DEFINED: The National Incident Management System/Incident Command System is designed to provide on-scene inciden# management during an emergency/disaster. Additional detail pertaining to the NIMSlICS structure can be referenced in the Regional Emergency Operatians Plan, Plan Preface Annex, Terms and Definitions and the Minnesota Emergency Mana.gement Director's Handbook Section C-Policies and Programs, Section 10-Minnesata. Incident Management System. rTIMS/ICS COMPONENTS: The first tier components of the NlMS/ICS are as follows: Command Finance Logistics Operations Planning Note: to remember these items think of CFLOP as an acronym. N. Suouortin� Documenta.tion A. Attachments to tlus annex. B. Resource Manual for lists of equipment and supplies. Annex B 5 Annex B NSEMPG Direc�ian and ControllEOC EMERGENCY OPERATIONS PLAN Revision 4 ATTAC�IlVIENT 1 READINESS CONDITION /REACONI ACTIQNS READINESS CONDITION 3 This condition depicts a worsening intemational situation to the point that a possible break in those relations may occur. This informa.tion would be received from the Federal Emergency Management Agency through the Natianal VJarning System (NAWAS), the Hennepin County Waming Point (HCWP}, and the National �Veather Service (NOAA} radia The following actions are to be taken: L The Emergency Management Director will natify the City Manager/City Administrator or designee, who will notify the Mayor and City Council. 2. The Emergency Management Director will inform key staff personnel and direct review of operating procedures of their respective departments. 3. The Emergency Management Director will advise the public that emergency procedures are being reviewed by City governmen� No public action will be required. READINESS CONDITION 2 This condition depicts a serious deterioration of intema.tional relations, a possible breach of those relations and a possibility of hostile actions. This informa.tion would be received from the Federat Emergency Management through NAWAS, HCWP and NOAA weather radio. The following actions are to be taken: 1. The Emergency Mana.gement Director will notify the City Manager/City Administrator or designee, who will notify the Mayor and City CounciL 2. The Emergency Mana.gement Director will notify key staff persannei and place them on a standby basis. 3. The Emergency Operating Center will be activated and placed on a standby basis. Annex B 6 Annex B NSEMPG Direction and ControllEOC EMERGENCY OPERATIONS PLAN Revision 4 4. The jurisdiction's Public information Officer, in coordina.tion with the Emergency Management Director, will make public information announcement advising the public as to the situa�ion and the action City govemment is taking to be prepazed. 5. The public is further advised to review their individual and family emergency action plans and stay tuned to radio and TV for emergency instructions. 6. Federal authorities may institute the evacuation of targeted high-risk locations. READINESS CONDITION 1 This condition depicts a situation where the President of the United States has advised the govemor and the public that waz is imininent or hostilities may ha.ve already occurred. The following actions aze to be taken: 1. The City Manager/City Administrator or designee will advise the Mayor to convene the City Council in an emergency session. 2. The Emergency Operating Center is to be activated for 24-hour operation. 3. The staff will be fully mobilized. 4. The public will receive instructions over Emergency Broadcast System Emergency Alert System (EAS}. Warning procedures via the HCWP and NOAA weather radio may be received prior to or concurrent with the Readiness Condition 1: Annex B 7 Annex B NSEMPG Directian aad ControUEOC EMERGENCY OPERATIONS PLAN Revision 4 r� ATTAC�IMENT 2 HAZARDOUS MATERIALS RESPONSE LEVEL DESCRIPTIONS Resnonse Level I- Potential Emer�encv Conditions An incident or threat of a release which can be controlled by the first response agencies and does not require evacuatian of other than the involved structure or the immediate outdoor area. The incident is confined to a small area and does not pose an immediate threat to Iife or property. Level l A�encv Contacts: Fire Department Police Department Allina HCMC/ North Memorial Transporta.fion Services (EMS) MN HSEM Duty Officer Resnonse Level II- Potential Emereencv Conditions An incident involving a greater hazazd or larger area which poses a potential threat to life or properiy and which may require a limited evacua.tion of the surrounding area Levei 2 A�encv Contacts: All agencies in Level 1 City Manger J Administrator Emergency Management Director/Coordinator Limited EOC Activation Regional Chemical Assessment Team Hazardous Materials Team Hennepin Caunty Emergency Prepazedness Red Cross Resnonse Level III Potential Emer�encv Conditions An incident invalving a severe hazard or a lazge azea which poses an extreme threat ta life and property will prabably require a lazge-scale evacvation or an incident requiring the expertise or resources of County, Sta.te, Federal or private agencies/organizations. Level 3 A�encv Conta.cts: All agencies in Level 1 and 2 FEMA Mutual Aid Fire/Law EnforcementlEMS MN Hazardous Materials Response Team EPA ...y Full EOC Activation Annex B 8 Anneg C NSEMPG Crisis Communication EMERGENCY OPERATIONS PLAN Revision 4 ,;r� I. Purnose To provide an overview of how Crisis Communication would be disseminated in the event of a disaster. II. Snokesnersonfsl/PIO Staff The City Manager/City Admi�isha.tor or designee Emergency Management Director or their designee will act as the public informatian officer (PIO) in the event of a disaster or critical incident. The designee from the jurisdiction havi.ng authority will facilitaxe the dissemination of information from the event to the local media thmugh written press releases or press conferences. The City Manager/City Administrator or designee Emergency Management Director will appoint a spokesperson to present the prepazed information for a press conference. The City Manager/City Administrator or designee Emergency Management Director or their designee will approve all messages prior to release for the media. The above PIO Staff will be responsible for addressing public inquiries and rumor control surrounding the incident. Staff will need to be delegated to work within the Joint Information Center (JIC) that will be established by the PIO's to address this need. 'r`� III. Policies and Procedures A. If it becomes necessary to establish a news briefing room, Council Chambers or other area to be determi.ned would be used for this purpose. News media personnel would be asked to report to this facility. B. In the event of a protracted disaster/emergency, news releases wauld be issued an a regulaz basis. C. Public information would be disseminated through local radio and/or TV sta.tions Annex G Anne� C NSEMFG Crisis Communication EMERGENCY OPERATION5 PLAN Revision 4 ATTAC�IMENT 1 The purpose of this standazd operating procedure is to assure dissemina.tion of information and instructians to the public on a timely basis and to coordinaxe all releases during pre-emergency, emergency and post-emergency conditions. i. All releases to the news media will be approved through the Incident Commander or designee. 2. The PIO will delegate editing and consolidation of alI releases for radio, T'V and newspapers to apprapriate staff. 3. During emergency situations the PIO's s#aff will: a. Contact key information staff members. b. Establish Iiaison with City departments and other jurisdictions' agencies which may require inform.ation output c. Inform the media of ublic information ca abilities and plan. F P d. Establish the Joint Information Center (JIC) for the media and public inquiries. e. Release prepared messages to the media and to all City emergency services. f. Ma.intain documenta.tion of all media releases as official archived record. c� Annex C 2 Annez C NSEMPG Crisis Communication EMERGENCY OPERATIONS PLAN Revision 4 ATTAC��VIENT 2 NSEMPG News Media Contacts Regional News Media Contacts Minneapolis Star Tribuae Wayzata-Orona-Plymouth-Long 425 Portiand Ave Lake Sun Sailor Minneapolis, MN 55448 IQ917 Valley View Rd Phone: 612-673-4414 Eden Prairie, MN 55344 Fax: 612-673-4359 Phone: 952-829-0797 Fax: 952-392-5802 Deadline S:QO p.m. on Wednesday for followi.ng Wednesday publication. Lakeshore Weekly News 1 QO 1 Twelve Oaks Center Drive, Suite 1017. Wayzata, MN 55391 (952) 473-0890 (952) 473-0895 Fax Deadline- 12:00 p.m. on Friday for Tuesday's paper KSTP TV KMSP TV FOX 9 3415 University Ave 11358 Viking Drive Saint Paul, MN 55114 Eden Prairie, MN 55344 Phone: 612-588-6397 (newsraom) Phone: 952-944-9999 Fax: 652-642-4409 Fax: 952-942-0455 (Same as UPN 29) St. Paul Pioneer Press WCCO TV 345 Cedar Street 90 S. l Ith Street St. Paul, MN 55101 Minneapolis, MN 55403 Phone: (651) 228-5490 Phone: 612-339-4444 F�: (651) 228-5564 Fax: 612-330-2767 UPN 29 News KARE-11 Television 11358 Viking Drive 8811 Olson Memorial Hwy Eden Prairie, MN 555344 Golden Valiey, MN 55427 Phone: {952} 946-5767 Phane: 763-546-1111 Fax: 952-942-0455 (Same as Fox 9) Fax: 763-546-8606 Cable 12 News WCCO Radio AM 830 6904 Winnetka Ave N 625 2 Ave S Brooklyn Park, MN 55428 Minneapolis, NIN 55442 Phone: 763-533-8196 Phone: fi12-370-06ll F�: 763-533-1346 Fax: 612-370-0159 Annex C Annez C NSEMPG Crisis Communicatian EMERGENCY OPERATIONS PLAN Revision 4 ATTACHMENT 2 continued Robbinsdale-Crystal-New Hope- Osseb-Maple Grove Press Golden Valley Sun Post 33 2 Street Northeast 10917 Valley View Raad Osseo, MN 55369 Eden Prairie, MN 55344-3730 Phone: 763-425-3323 Phone: 952-829-0797 Fax: 763-425-2945 Fax: 952-392-6802 Champlin-Dayton Press Brooklyn Center-Brooklyn Park Sun Post 33 2 Street Northeast 10917 Va11ey View Road Osseo, MN 55369 Ed:en Prairie, MN 55344-373Q Phone: 763-425-3323 Phone: 952-829-0797 Fax: 763-425-2945 Fax: 952-392-6802 t Annex C 4 Annez D� NSEMPG Search and Rescue EMERGENCY OPERATIONS PLAN Revision 4 I. Puroose To describe how seazch and rescue would be accomplished witiun the cities of the region following a disaster/emergency. II. Resnonsibilitv Within the City, the prunary responsibility for seazch and rescue during disasters/ernergencies belongs to the Fire Department. In the event of law enforcement event such as a missing child, or the seazch for a criminal suspect the Police Department would assume the primary responsibility. Resaurces responding to any search would function under the National Incident Management System. Back-up assistance wauld take the form of mutual aid fire and police agencies depending on the situation. III. Su�nortin� A�encies/Or�aniza.tions A. Loca1 Mutual Aid Police or Fire depending on the situation B. The following arganiza.tion(s) would be available to assist with a major search and rescue operation: 1. Hennepin County Sheriffs Emergency Squa.d 2. Police Reserves 3. Police Fire Explorers 4. Hennepin County Sheriffs Mobile Radio Corps 5. The Civil Air Patrol b. MN National Guard 7. State and Federal resources IV. Collansed Structure Rescue in the event of a technical rescue involving a collapse situation, confined space high- angle evacuation, and/or trench collapse the following mutual aid resources may be noti.fied. 1. Edina Fire Department 2. Minneapolis Fire Department 3. Minnetonka Fire Department 4. West Metro Fire confined space) 5. Coon Rapids Regional SRT Annex D —1 Annez E NSEMPG Health/Medical EMERGENCY OPERATIONS PLAN Revision 4 I. Pumose To provide an overview of how the health/medical care needs of residents wauld be met in the event of a maj or disaster/emergency. II. Primarv Resnonsibilities A. Emer�encv Medical Services: 1. Emergency Medical Services First Respander Emergeney Care is the primary responsibiLity of the Police and Fire Departments. Regional EMS Transport providers- Within the NSEMPG Region- North Medical Transporta.tion, Allina Medical Transporta.tion and HCMC Ambulance serve as the primary providers to the region. 2. Emergency Medical Services Transportation is the primary responsibility of the regional EMS transport providers and their designated mutual aid ambulance services tQ provide emergency, non-emergency and special population medical transportation. These resources would be utilized to respond to any incident witlun the region requiri.ng the transportation of the sick or injured. In the event of an incident requinng the transporta.tion of the physically challenged, regional EMS transport providexs and their designated mutual aid ambulance services will pravide transportation services as required to transport those with special medical challenges. 3. Emergency Medical Services Transportatian Mutual �Iid-Local- Regional-State-Federal Regional EMS transport providers maintain mutual aid agreements with other ambulance services within the Minneapolis-St. Paul Metropolitan Region as required by Minnesota. Law. In the event of an incident wluch exceeds the capabilities of the metropolitan region and state EMS resaurces, Regional EMS transport providers and their designated mutual aid atnbulance services are participants in the Nationai Disaster Medical, Svstem (NDMSI that provides federal medical assistance services which is coordinated through the Veterans Administration and the Departrnent of Defense. 4. Emergency Medical Services Transportation Communication Regional EMS trazisport providers maintain 24hour communication centers which is linked to the Hennepin County SherifPs Communication Center by direct telephone line. Back-up EMS Dispatch capability is located at Hennepin County Ambulance Dispatch. Annex E —1 Annez E NSEMPG Health/Medicai EMERGENCY OPERATIONS PLAN Revision 4 5. Emergency Medical Services Transpartation Command Control Coordination Regional EMS tra,nsport providers and their designated mutual aid ambuiance services utilize the National Incident Mana.gement System for coordination of EMS with other disciplines or agencies when responding to incidents withi.n the NSEMPG. 6. Emergency Medical Services Transportation Hospitad and Patient Assignment In the event of a mass casuaity incident, hospital and patient assignments aze coordinated by Hennepin County Medical Resource Control Center (MRCC) located at Hennepin County Medical Center Ambulance Dispatch at Hennepin County Medical Center in Minneapolis. 7. Emergency Medical Services Transportation Casualiy Patient Tracking inciden MRCC would erForm atient In the event af a mass casualty t, P P atient and ackin as a secon function. The ri function being p P �'Y g would be coordinated with the hosprtal assignment. Pat�ent trackuig receiving facilities with assistance from Hennepin County Community Health EMS Section and the Red Cross. 8. Emergency Medical Services Triage and Scene Treatment In the event of a mass casualty incident, the primary responsibility for triage of patients for transportation priorities would be the Police and Fire Departments with Regional EMS transport providers and their designated mutual aid ambulance services fulfilluig a secondary role as staff and equipment is available. All agencies engaged in triaging of patients in the pre-hospital setting will -utilize the START triage method (Simple Triage and Rapid Treatment). Scene treatment will also be the primary responsibility of the Police and Fire Departments, with a secondary role bei.ng fulfilled by the EMS transportation agencies. 9. Emergency Medical Services Equipment and Supplies ir desi ated mutual aid Re 'onal EMS trans ort roviders and the gn P P ambulance services maintain supplies and equipment specifically for use the re on. Each would occur wit�un in mass casual incidents which t3' EMS aznbulance agency maintains a resource inventory of these supplies and equipment. 10. Emergency Medical Services Public Infornzation Regional EMS transport providers, and their designated mutual aid ambulance services under the National Incident Management System, would coordi.nate with and support the public information officer as designated by the incident commander ar designee. Annex E 2 Annex E NSEMPG HealthiMedical EMERGENCY OPER.ATIONS PLAN Revision 4 1 l. Emergency Medical Services Transportation Hazardaus Materials Incident Res ortse P Regional EMS transport providers and their designated mutual aid ambulance services will respond to Haz-Mat incidents within the NSEMPG at the Awareness level as defined in NFPA 473 Standazd Chapter 2 EMS/HNIl. Each EMS agency maintains specific internal procedures for notifica.tion of key personnel and response to a Haz-Mat incident. All EMS Haz-Mat incident responses would be coordina:ted through the use of the National Incident Management System. 12. Emergency Medical Services Transportation Hazardous Materials Incident Resportse Training Regional EMS transport providers and their designated mutual aid ambulance services provide the necessary Haz-Mat training for their staffs. Training records are available from the respective EMS ambulance agency training officer. 13. Emergency Medical Services System Coordination Overall coordination of EMS operations which would include coordina.tion with hospitals, State and Federal medical agencies, and other public health service organization to ensure integrated med.ical operations would be the responsibility of the Police and Fire Depar�nent, the Hennepin County Community Health Department EMS section, and Emergency Medical Services Regulatory Board. 14. Emergency Medical Services Transporta�ion Fatalities Regional EMS transport providers and their designated mutual aid ambulance services do not provide services for the disnosition or transnort of fatalities from a mass casualty incident. EMS transportation agencies will support the operations of the Hennepin County Medical Examiner's Office with supplies and equipment as requested. 15. Emergency Medical Services Transportation Mass Cusualty Protocols Protocols far the management of mass casualty response have been established by the Hennepin County EMS Advisory Council. The most current version was approved by that body in 2006. These protocols have been adopted by the Regional EMS transport providers, and their designated mutual aid ambulance services. Each ambulance service has the latitude to better define the guideiines set down in this protocol. Each ambulance service mai.ntains their own set of protocols modeled after these guidelines. Annex E 3 Annez E NSEMPG Health/Medicai EMERGENCY OPERATIONS PLAN Revision 4 e[ Emergency Medical Services Critical Incident Stress Management Critical Incident Stress Management is available for public safety responders through the Metro CISM Peer �Counseling Team which is notified through Hennepin County Ivledical Control Resource Center at 612-347-2140 ar 612-347-5710 or through Regional EM5 transport providers or their designated mutual aid ambulance services. CISM services for the general public can be accessed through the Red Cross. 17. Emergency Medical Services Medical Care Sheiter J Congregate Care Facilities The provision of inedical care in a shelter or congregate care facility wouid be the initial responsibility of the shelter operator, such as the Red Cross with support from the Police and Fire Deparkments as primary EMS first responders, and as available Regional EMS transpart providers and their designated mutual aid ambulance services. 18. Emergency Medical Services Hazardous Materials Incidents Medical Receiving Facilities North Memorial-Ivledical Center and Hennepin County Medical Center have capability to decontarninate and treat those patients with chemical or d make the necess n. MRCC woul �'Y radiolo 'cal contaminatio deternunations to send potentially contaminated patients to other faciht�es as the situation dictates. 19. Emergency Medical Services Disaster Emergency Treatment Facilities and Casualty Collection Areas North Me�norial Medical Center is located in the City of Robbinsdale. Four other major medical receiving hospitals are located in commuruties in the west metro area. In addition, the Fairview University, Fairview Riverside, and Veterans Administration Hospitals are within a 20 mile radius of the region The hospitals listed in tlus section aze participan.ts in the National Disaster Medical System (NDMS) program. Due to the unpredictable nature of disasters casualty collection points are not pre- identified within the plan, but would be established as required by the incident commander and the EMS Branch D'uector or other health authorities as identified in the NIMS system. ical Service —Contamination 20. Emergency Med Hennepin County Medical Center and North Memonal Medical Center have the capability to decontaminate victims of racliological, biological, or chemical events. B. Emer�encv Mortuarv Onerations Would be the responsibility of the Hennepin Caunty Medical Examiner as outlined in the Hennepin County Emergency Operations Plan Medical Examiner/Mortuary services. Family assistance may be rendered by the American Red Cross andlor the Salvation Army. Annex E 4 Anneg E NSEMPG Health/Medical EMERGENCY OPERATIONS PLAN Revision 4 C. Heaith Threats Serious potential or actual health problems (epidemics, food and/or water cantamina�ion, etc.) associated with a disaster would be the responsibility of Hennepin County Public Health. Other serious or potential health threats may be present in a disaster. Examples include: Health Threat Assessing/Coordinating Organization Disease-bearing pests Metropolitan Mosquito Control Hennepin County Community Health Loca1 Environmental Health departments Minnesota Department of Heatth Centers for Disease Control and Prevention Decontamination Local fire departments mutual aid Local hospitals Health Threat Assessing/Coordinating Organization Detection of potential biological Loca1 fire departments chemical or radioactive agents 55�` Civil Support Team Sta.te hazmat teams Local hospitals Minnesota. Department of Health Centers for Disease Control Preventian Food contaxnination Hennepin County Community Health Loca1 Environmental Health depts... Minnesota Departrnent of Health Respiratory protection Local fire departments Loca1 hospitals Mass clinics Hennepin County Cornmunity Health Local public health agencies Minnesota. Deparhnent of Health VVater purificatian/supplies Local utilities Loca1 vendors National Guazd D. Inauirv and Referral Service Wou1d be the responsibility of the Hennepin Counfiy Public Heaith. Annex E 5 Annex E NSEMPG HeaIth/Medical EMERGENCY OPERA'TIONS PLAN Revisian 4 E. Speciai Needs Ponulation the listed agencies may be available to provide services such as case work, transportation, and adult day care: Ainerican Red Cross, Satvation Army (metro only}, Cathalic Charities, Lutheran Disaster Response, And United Methodist Committee on Relief. Service Provider Case Work Axnerican Red Cross Catholic Chazities Lutheran Disaster Response United Methodist Committee on Relief Transportation American Red Cross Adult Day Care The Salvation Army (metro only} III. Supportin� Plans and Personnel A. Hennepin County Emergency Opera.tions Plan. B. North Memorial Medical Center Emergency Operations Plan. C. North Memorial Chemical Emergency Plan. i D. Hennepin County (West Metro) Emergency Medical Services Plan. E. Support is available from the Minnesota Department of Health and Hennepin County in responding to health, chemical, and radiation incidents. Additional Minnesota State assets would be available through the Sta.te Duty Officer loca.ted in the Bureau of Criminal Apprehension. F. Support is available from the Regional Chexnical Assessment tearn and the Regional Emergency Response team. IV. Su�nortins Standard Onerating Procedures Refer to Fire Department standard operating procedures-for hazazdous materials respanse for deta.iled procedures of chexnical response, identification, and decontamination for health and EMS personneL Refer to regional EMS transpartation providers standard aperating procedures for responding to hazardous materials incidents. Annex E 6 Annez F NSEMPG Secarity, Evacuation and Tra�c Contral EMERGENCY OPERA.TIONS PLAN Revisian 4 I. Pumose To autline how security, evacuation and traffic control� would be carried out if they are required due to a disaster/emergency in the regian. II. Resnonsibilitv A. In the cities within the region, the ranking public safety official or the appropriate ce: designee may recommend evacuation or shelteruig m pla Official T e sl of Incident(s1 Police Chief or designee Police and All Other Fire Chief or designee Fire/RadiologicaUHAZMAT Incident Commander All Other B. In the event of a disaster/emergency which would result in the loss of life if evacuation is not undertaken immediately, the Police Chief, Fire Chief, ar their designee could order such an evacuation. Within the re io the olice d artment would be res onsible far coordina.ting C g n, P eP P security or any lazge-scale evacua.tion that might be required. However, in HazMat Warm and Hot Zones the responsible regional fire deparlment will have the responsibility for door-to-door evacuations if dressed in their appropriate eral evacuation and ersonal rotective e ui ment. Back-up assistance for gen P P q P traff'ic control would be available from other regional city fire departments, the Hennepin County Sheriff s Office, the regional city police reserves, the regional police and fire explorers, and regional city public works department. Relaca.tion/Security for critical resources would be the responsibility of that City- related department. D. The regional city police departments will coordinate ail transportation resources used in an evacuation. III. Pracedures A. Residents to be evacuated would be notified af the need to evacua.te by outdoor warning sirens, radio, TV, and public address systems. Evacua.tion routes, assembly points and assistance instructions will be announced. B. Law enfarcement personnel would establish traffic control points (if needed}. Selectian of the most efficient roadways to be utilized for evacua.tion would be incident specific. The law enforcement incident commanders would anuounce the direction of travel on the named roadways. Pre-selecting roadways to be utilized Annex F —1 Annez F NSEMPG Security, Evacuation and Traffic Contral EMERGENCY OPERATTONS PLAN Revision 4 z.� in a disaster would not be prudent because the type and location of the incident will dictate the decision of what would be the most effective routes. C. If necessary, rest azeas will be established for the aid and convenience of people passing through the City en-route to neighboring reception areas. Evacuees will be able to obtain fuel, water, medical aid, vehicle maintenance, information, and comfort facilities when practical. D. People requiring transporta.tion should report to announced entry areas. Transportation will be provided. from these points. E. Mobility-impaired individuals unable to evacua.te themselves would receive assistance from the police and fire departments. F. Regional city police departments ma.y coordinate assistance to any velucles having mechanical problems during an evacuation. G. Police-related agencies will provide security to each congregate care parking faciliTy. N. Resources Avaiiable A. EMS resources would be available, if needed, to evacuate non-am`bulatory individuals. (See Annex E) B. The Wayzata, Robbinsdale, Osseo, Anoka-Hennepin, Hopkins and Brooklyn Center School Districts, the MCTO (Metropolitan Coun.cil Transit Operations), and the Region Metro-Link could provide buses, if needed, to assist in the evacuation process and for transportation .of essential workers to hazardous azeas. The Public Works Division has access to barricades to assist in any needed road closures. V. Sunnortin� Standard 4nerating Procedure (SOPI Regional police deparhnent standard operation procedures Regional fire department standard operation procedures Annex L— SARA Vulnerability Zone Charts Attachments: l. Maps of potential hazazd areas. 2. List of SARA-covered faciiities. Annex F 2 Annex G NSEMPG Fire Protection EMERGENCY OPERATIONS PLAN Revision 4 L Purpose To define the responsibiiity for the provision of fire protection service(s) in the NSEMPG. II. Rest�onsibilitv and Scoue Under the direction of the Fire Cluef, the Fire Departments with in the NSEMPG region shall have the rim res nsibili for the rovision of fire pratectian services within i P az'Y P� tY P 'ces rovided include fire su ression, the lacal �unsdichon havmg authonty. Servi p pp rescue, radialogical emergencies, hazazdous material and technical rescue response. The fire department, in certain circumstances, is also responsible for search and rescue actions. Utiiizing the National Incident Command System, the Fire Chief of the local jurisdiction having authoriiy sha11 assign resources as required to address fire protection activities. Other public safety agencies and volunteers may provide assistance. III. Mutual Aid A�reements The Fire Departments serving the NSEMPG region participates in the following mutual aid agreements. Hennepin County Fire C},�iefs Association Lake Region Mutual Aid Association North Suburban Mutual Aid Association The members of these groups have agreed to respond when called upon. Written matual aid agreements exist and are on file with the Fire Departments within the region. N. Policv and Sunborting Standazcl Ouera.tins Procedure t50P1 Refer to the Local Jurisdiction having authority Fire Department Manual of Policies, Regulations, and Operating GuFdelines for procedures relative to fire protection operations. Hazardous Matenals Operational SOPs for detazled procedures of chemical response, identification and decontamination far fire personnel. `:::;;r: Annex G —1 Annez H NSEMPG Damage Assessment EMERGENCY OPERATIONS PLAN Revision 4 I. Pumose To provide an overview of how damage assessment would be accomplished following a disaster/emergency in cities within the region. II. Resnonsibilities A. The City Assessors- Building Insp�ctors aze responsible for: 1. Developing and maintaining a damage assessment "team" composed of municipal and/or private sector agency representatives. 2. Maintaining and up-to-da.te listing of damage assessment team personneL 3. Maintai.ning the procedures to be followed for damage assessment. 4. Coordina.ting the damage assessment process (following the occurrence of a disaster/emergency). B. City government offcials who., depending upon the nature of the disaster/emergency, would participate in a damage assessment effort: 1. Community Development Director 2. Administrative Services Director 3. City Assessor 4. City Engineer 5. Building Official C. County govemment officials who (potentially) wauld participate in a damage assessment effort: 1. County Emergency Management Director 2. County Engineer 3. County Assessor 4. County Social Services Director III. CONCEPT OF UPERATIONS. Disa.ster intelligence is a�ool for action and involves the complete cycle in which information about an event is collected, pracessed, evalua.ted, and disseminated to those who need it. This is a key process in caring for the short and long-term disaster needs of the people in the community. Damage assessment, which is an element of disaster intelligence, is an appraisal or detennination Annex H -'1 Annez H NSEMpG Damage Assessment EMERGENCY OPERATI4NS PLAN Revision 4 of the actual effects on human, econamic and na.tural resources resulting from an emergency or disaster. Delayed assessments may cause hardship as well as erode confidence in the ability af the community to react in time of emergency. Although a rapid preliminary assessment is desirable and should be reported to Hennepin County Emergency Preparedness as soon as possible, a more accurate assessment should be compiled as soon as weather and other local conditions permit. Trained observers should be used to assess actual damage. Description of assessment requirements (first hour, first 8 hours, first 24 honrs) Within the first hour following an incident, public safety agencies and public works will conduct a systematic survey to determine impacts on infrastructure. (Impassable roads, downed power lines, downed trees and significant structural dainage to buildings) During the first hour, the priority sha11 be life safety. Within 8 hours: The priority will be property preservation and evaluation of impact to key government infraslructure. Within 24 hours: The American Red Cross, (ARC). A. The American Red Cross, by ARC Regulation 3029, is required to submit a preliminary damage assessment survey of homes to the operations headqezarters of the jurisdiction involved in a disaster within 24 hours and submit a detailed damage assessment within 72 hours. B. A copy af the Red Cross da.mage survey information will be provided to the City EOC. C. Private sector agencies that might be available and that might be appropriate participants in a damage assessment effort: 1. Red Cross Greater Minneapolis Area Chapter, 612-871-7676, official in charge of emergency services. 2. Insurance companies and realtors. 3. Hazardaus materials clean-up contractors. 4. Hazardous Materials. 5. Christian Reformed World Relief Comm.ittee specializes in detailed damage assessment for long-term recovery operations. III. Policies and Procedures A. A damage assessment effort will be initiated as soon as practical following the 1 occurrence of a disaster. B. Where possible and when appropriate, pictures will be taken of damage d areas and City maps will be used to show the location af damaged sites. Annex �i 2 Aaneg H NSEMPG Damage Assessmen# EMERGENCY OPERATIONS PLAN Revision 4 C. When damage assessment is carried out in conjunction with a request for State or Federal disaster assistance, the Emergency Management Director ma.y contact the County Emergency Preparedness O�ice, who will coordinate with Minnesota Homeland Security Emergency Management. (HSEIVn D. Training is available through the NSEMPG training committee. IV. Supportin� Documents For a.dditional informa.tion and guidance, refer to: Disaster Response and Recovery: A Handbook for Loca1 Government,. t Annex Fi =3 Anneg I NSEMPG Congregate Care EMERGENCY OPERATIONS PLAN Revision 4 r: I. Purpose To describe how the congregate caze (emergency housing, feeding, cio�liing, and counseling) needs of affected jurisdiction's residents wauld be met in the event of a disaster/emergency. II. Resuonsibilities A. Congregate care encompasses a great deal of involvement for a large number of organiza.tions, both public and private, who aze specially tra.ined, have needed resaurces and possess a mandate or mission in shelteri.ng/congregate care. The following local jurisdiction's and/or Hennepui County government departments/private sector agencies are responsible for ensuring that the congregate care needs of disaster victims are met: 1. Emer�encv Housin�, City department having responsibility, American Red Cross, 5alvation Army, and Hennepin County Social Services. 2. Emereencv Feedine City department having responsibility, American Red Cross, Salvation Army, MN-WI Bap�ist Conventions, and Hennepin Cou.nty Social Services. 3. Emereencv Clothin� City department havi.ng respnnsibility, American Red Cross, Salvation Army, and Hennepin County Social Services. 4. Counseling City department having responsibility, American Red Cross, Salvation Army, Lutheran Disaster Response, and Hennepin County Social Services. 5. HealthlMedical Service Hennepin County Health, North Memorial, and American Red Cross. (Also see Annex E) 6. Waste Manaeement The involved local jurisdiction will potentially enlist private contractors to offer this service. 7. Mental Health Treatment and Grief Counselina counseling for emergency workers and victims will be caordina.ted in conjunction with local resources. Services may be provided by the American Red Cross, the Salvation Army, a.nd related MnVOAD agencies. B. Additional Responsibility l. Registration of Victims City department having responsibility, American Red Cross and Hennepin County Social Services. Annex I —1 Annez I NSEMP'G Congregate Care EMERGEl�TCY OPERATIONS PLAN Revisian 4 2. Inauirv and Referral (regazding disaster vic�ims) City department having responsibility, American Red Cross and Hennepin County Socia.l Services. III. Coordination af Con�regate Care The local jurisdiction's Director of Pazks and Recreation would be responsible for providing overall coordination of the congregate care function. In order to� facilitate this coordination, the American Red Cross would provide a representative for the Emergency Opera.ting Center (EOC). IV. Available Resources A. PersonneL• American Red Cross (150 trained volunteers/staf� through mutual aid agreements additional personnel available when needed. B. Facilities: Shelter/mass feeding agreements are on file with Minneapalis Red Cross, b12-871-7676. C. SuUplies/Eauipment: I50 cots, blankets, pillows {R.ed Cross and the Salvation Army can obtain more if needed). D. Other assistance: Minnesota Voluntary Organizations Active in Disaster (MNVUAD). Per the Minn.esota. Emergency Operations Plan, Annex J- Mass Care, the following MNVOAD Members can be accessed far congregate caze functions during a disaster/emergency: Adventist Community Services Animal Humane Society ARES/R.ACES (Amateur Radio Operators) Catholic Chazities Church of Jesus Christ of Latter Day Saints Christian Reform Church Mennonite Disaster Services Minnesota Food Bank Network Minnesota. Jewish Disaster Relief Fund MN Search Rescue Dog Assoc., MN-Wisc. Southern Baptist Conv. Nazarene Compassionate Ministries North Amer. Center for Emerg. Comm United Methodist Church United Sta.tes Army Reserve The Salvation Army Contact infornlation located in Resource Manual, E. Pet evacuation: Sheltering assistance may be obtained from: PUPS Animal Humane Society Humane Society of the United Sta.tes Minnesota. Animal Disaster Coalition Minnesata Animal Control Association Minnesota. Horse Council (horse issues only} Annex I 2 Annez i NSEMPG Congregate Care EMERGENCY OPERATIONS PLAN Revisian 4 .t� These agencies can be reached through MnVOAD, which can be contacted via the Minnesota DuTy Officer. Contact information can be located in the Resource Manual. Annex I 3 Aanez I NSEMPG Congregate Care ENIERGENCY OPERATIONS PLAN Revision 4 I1. ATTACHNIENT 1 COORDINATION PROCEDURES The involved jurisdictions Emergency Management Director has responsibilities during and followi.ng an evacua.tion situation, whether caused by a local problem or, in the worst case, an enemy attack. A major evacuation under the worst situation would only be undertaken if international situations determined it was in the best interest of the populace. Depending on the disaster, the local jurisdiction having authority can be either a hazard or reception azea. Plans have been made to evacuate, if necessary, to a reception area.. Congregate care space is listed in this emergency aperation plan. Emergency public information will be announced over radio and TV for a major evacua.tion. It will advise a citizen where to go and what to do and will identify staging areas and routes to the reception areas. Following is a checklist of responsibilities and actions to be taken during congregate care or evacua.tion situatians: A. Arrange with the owners for opening of care fa.cilities and assign personneL B. Coordina.te assistance from the local jurisdiction having authority Parks and Recreation Department, Red Cross, Salvation Army, religious groups, and other volunteers. C. Coordinate the allocation of local congregate caze space and shelter space. D. Coordinate assignment of personnel and volunteers to congregate caze facilities. E. Advise the local jurisdiction having authority Public Information Officer to release infarmation on the occupancy of congregate care facilities/mass caze centers. F. Distribute evacuees proportionately, keeping media infarmed of the situation and who to conta.ct for information on evacuees. G. Morritor distribution of necessary supplies and services to each facility. H. Keep the local jurisdiction having authority Emergency Management Directar informed of actions taken and any assistance needed from fire, police or health officials. I. Issue information and instructions to evacuees regarding lodging, feeding, health, and sanitation. J. During a major evacuation, assign personnel to staging areas and notify the local jurisdictian havi.ng authority Emergency Management Director af transportation needs. Lists of shelters, approved congregate care centers, and temporary food facilities are maintained with the regional resavrce database. Annex I 4 Annez J i NSEMPG Debris Cleara.nce/Public Works EMERGENCY OPERATIONS PLAN Revision 4 I. Purpose To describe how debris clearance would be accomplished following a disaster/emergency in the re 'on. i II. Resnonsibilities Within the NSEMPG, the Public Works Department and the Park Maintenance from the jurisdiction/s ha.ving authority would be responsible for debris clearance. III. Policies and Procedures A. To clear debris from City Streets, City public right-of-ways and City Facilities within the region. B. Coordina.te with Hennepin County Public Works and the Minnesota Department of Transportation regazding County Roads, State Highways, and Interstates involving debris cleazance. C. Will coordinate and oversee mutual aid requests and responding resources regazding debris clearance during disaster/emergency events utilizing the NIMS/ICS structure. D. Will coordina.te efforts with the Parks Department staff in the debris clearance of parks and park trail properties within the jurisdiction/s havi.ng authority. E. Is responsible for the disposal of solid waste (concrete, dirt, brick, non-hazardous uildin e debris lumber, ther b materials, etc. tree and brush type.debris and o g typ roofing materials, etc). F. Debris would be disposed of at the follovv�ng locat�ons: L Debris would be trucked to a landfill or other designated location per Herutepin County. 2. Tree debris would be trucked to the tree disposal site as designated by Public Works far the jurisdiction ha.ving authority. G. If additional debris clearance-type equipment were needed, it would be obtained from Hennepin County and other cities per Hennepin County equipment listings and from contractors available to the City having authority. H. Except in extremely unusual circumstances, removal of debris from private property would be the responsibility of the property owner. Annex J —1 Annex J NSEMPG Debris Clearance/Public Works EMERGENC`Y OPERATIONS PLAN Revision 4 residents will be asked to T. In the aftermath of a na.tural or other e of disaster, tYP sort debris by: I 1. Trees and brush 2. White goods (appliances} 3. Household hazardous waste 4. Construction/demolition materials 5. Regulaz garbage J. Determinaxion of emergency routes will depend on the nature and location of the debris generating event, and will be identified by the Incident Commander. K. The Minnesota. Pollution Control Agency (651-649-5451) will assist with the disposal of hazardaus waste. L. Hennepin County Environmental Services (612-348-377'n will assist with the disposal af household hazazdous waste. M. The Minnesota Pollution Control Agency, the Boazd of Animal Health (651-296- 2942), and the Minnesota Department of Agriculture (651-201-6Q00) will advise/assist with the disposal of animal carcasses. N. Contracting pracedures will be determined by the City's Administrative Services/Finance Department. IV. Sunnortin� Documents A. A listing of construction contractors which have debris removal-type equipment, and which aze located in the City, is on file at the Public Works. B. No formal agreements for debris clearance removal exist with other cities other than throu normal emer enc mana. ement channels or the Emergency g Y g Assistance Pact. V. Sunnortin� Activities A. Provide bazricades and signage for street closures and detours requested by Police or Fire Incident Commanders. B. Escort emergency vehicles into debris filled areas, clearing a route(s} of travel. C. Assist with the repair and refueling of emergency response equipment and vehicles in the field. D. Provide City staff equipped with street and sewer information needed by the Incident Commander to contain the flow of liquid hazardous materials. E. Provide material, equipment and personnel to provide dikes and sandbags for Haz-Mat and flooding situations. Annex J 2 Annez J NSEMPG Debris Ciearance/Public Works EMERGENCY OPERATIONS PLAN Revision 4 h F. Close/block starm sewer holding pond out flows to contain hazardous materials flowing in sewers. G. Assist police with door-to-door evacuatians in "non-hat zone" and non-hazazdous areas. H. Assist police with traffic control and outer perimeter security. VI. Suunorting Standard O�era.ting Procedure ISOPI NSEMPG Emergency Operaxions Plan Annex L Annex J 3 Annez K NSEMPG Utilities Restoration EMERGENCI� OPERATIONS PLAN Revision 4 I. Puroose To provide an overview af how utility services would be restored following a disaster/ emergency. Priarities for utility restoration will depend on the nature and location of the inciden� Vulnerable populations and facilities essential for public safety and continuity of government will be considered firs� II. Resnonsibilities The following government agencies/private sector organizations are responsible for providing utility services for the NSEMPG region. A. Electrical service Xcel Energy (NSP), Wright Hennepin Electrical Co-op, Anoka. Hennepin B. Gas services CenterPoint Energy C. Telephone sernce Qwest Comcast D. Sewer and water/Storm Sewer Public Works for the jurisdiction ha.vi.ng authority :i E. Cable service Comcast III. Service Restoration In the event of a utility outa.ge due to a disaster/emergency, the followi.ng offices/agencies should be called in order to restore service: A. Electrical service Xcel Energy (NSP) 800-641-4400 Wright-Hennepin Electrical Co-og 763-477-3100 B. Gas service CenterPoint Energy 612-348-7261 C. Telephone service Qwest 800-865-4805 omcast 651-222-3333 C I D. Sewer and water/Storm Sewer Public Works for the jurisdiction having autharity E. Cable service Comcast 651-493-6375 Annex K —1 Anneg K NSEMPG Utilities Restoration EMERGENCY OPERATIONS PLAN Revisian 4 F. Solid Waste Sanita.tion Services Residential and Commercial Aspen Waste Systems Inc. 612-884-8000 Dick's Sanita.tion Service 952-4b9-2239 Master Waste Services 763-537-3335 Ra.ndy's Sanitation Inc. 763-972-3335 Waste Management 800-450-9378 BFI 763-784-2104 Michael P. Ha11 Inc. 763-421-4915 Superior Services 888-251-8919 Waste Technoiogy 763-315-1955 Commercial0nly Armor Waste Systems 651-686-5675 Haugen's Haulers Inc. 763-477-4120 North Star Sanitation 952-922-9393 Ba1dy Sanita.tion 763-479-2383 Metro Disposal 952-346-Q207 Schill's Dumpster Service 651-779-7318 Annex K 2 Anuez L NSEMPG RadiologicaUHazardous Materials Protection EMERGENCY OPERATIONS PLAN Revision 4 F: u� Part A Radiological Pro#ection I. Pumose It is recognized that emergency situations could develop in which the NSEMPG residents could be exposed to radiological incidents or threats. Pians are needed to ensure a coordinated response and recovery from transporta.tion accidents, nuclear pawer plant incidents, industrial accidents, laboratory radiation incidents, military accidents or nuclear attack. II. Or�anization The Fire Department is the City's radiological protection oiganiza.tion. III. Responsibilitv A. The Fire Department is responsible for: 1. Coordina.tion of data, information {e.g., radiation readings, damage reports, response requirements, chemical properties and exposure estimates) aad materials needed to min;mi�.e effects of all radiological accidents or threats area available and utilized in time of emergency. Each city's overall radiological response and recovery efforts, including monitoring, reporting, assessment, containment, and protective actions are coordinated through NIlVIS. B. HSEM and the Minnesota Department of Health (MDH) will be called upon for instrvmentation, guidance, decontamination, and medical evaluation. Fire Department personnel will respond as necessary, to assist in the execution of this responsibility. C. The City Police Department is responsible for: 1. Supporting emergency operations during radiological incidents. 2. Assisting with security and traffic direction at facilities, thoroughfares, and public azeas. IV. Onera.tions Policies A. Ra.diological response operations will be directed and controlled at the scene utilizing the incident command system. This would include establishing an exclusionary zone and the use of monitaring equipment where available. When appropriate, operatians will be coordinated from an Emergency Ogerations Center. Scene operations will be controlled by the on-site incident commander. Annex L -1 Annez L NSEMPG RadiologicaVHazardous Materials Protectian `V� EMERGENCY OPERATIONS PLAN Revision 4 B. In the event of any radiological emergency, local government should immediately contact the State Duty Officer at 651-649-5451 to request technical and operational assistance. Part B— Hazardous Material Protection, I. Puraose It is recognized that emergency situations could develop in which residents of the regian could be exposed to an accidental release of hazardous ma.terials. Planning is needed to ether the ensure a coordinated response to all types of hazardous material uzcidents, wh y ccur at a fixed facili or the result of a tr ortation accident. o ty �P II. Resnonse A. Pre-identification of risk. In response to the requirements and recommendations contai.ned in the Superfiand Amendments and Reauthoriza.tion Act (SARA) of 1986, Title III, as well as other legislation, the following facilities/ locations within the NSEMPG has been pre-identified. 1. "Covered" facilities are facilities that possess extremely hazardous materials. A list of the covered facilities and their locations aze maintained by each city in the region. 2. Other facilities that may contribute an additional risk due to their proximity to "covered" facilities A list of other facilities and their locations are maintai.ned by each city in the region. 3. Faciiities (schools, hospitals, nursing homes, etc.} at risk due to proximity to facilities with e�ctremely hazardous materials. A list of at risk facilities and their locations aze maintained by each city in the region. 4. Transporta.tion and evacuation routes (highways, railroad lines, etc.) for extremely hazazdous materials are contained in the form of maps. Transportation and evacuation routes are maintained by each city in the region. B. Determina.tion tha.t a release of hazardous materials has occurred. Facilities located within the NSEMPG that use, store, manufacture, or transport hazardous and trainin their em loyees so materials are res onsible for develo in s ems g P P P g Y� 'ne and r ort that a releas� o f hazardous as to be able to promptly deternu ep materials has occurred. The s stems, methods, and/or procedures in place at each Y facility's for determining that a release occurred, along with a brief description af Annex L 2 I Anaez L ardous aterials Prat ection o 'caUHaz M NSEMPG Radiol gi EMERGENCY OPERATIONS PLAN Revision 4 any specialized system (i.e., monitor/sensor system) aze descn�ed in the facility emergency plans. Copies of these plans are avaiiable fram the City Fire Deparhment. C. Response by Public Safety Responders. Emergency responders, and City employees who respond to hazardous materiais incidents within the NSEMPG, have received tra.ining designed to help them properly respand ta such incidents. At the minimurn. citv nersonnel are trained at the First Resoonder Awareness Level. as defined in 29 CFR 1910.1201a)(bl(i) or will work under the su�ervision of fire denartment staff City Police Department is trained to, and responds at the First Responder FR 1910 .120 6 i. Trainin records are A w a r e n e s s L e v e l a s d e fi n e d i n 2 9 C g maintained by the Police Department. The EMS transport agencies for the NSEMPG, and their designated mutual aid ambulance services are trained to and respond at the Fust Resgonder Awazeness Level, as defined in 29 CFR 1910.120(c�(6)(i}. Training records are maintai.ned each EMS agency. City Fire Departments are trained to, equipped, and respond at the Haz-Mat Operation Level, Technician or Specialist level as defined in 29 CFR 1910.120(c�(6)(ii}, I910.120(�(�(iii} and 1910.120(c�{6}(iv) respectively. Training Records aze maintained by the Fire Depaztrnent Training Officers. (Specific Response info) In the event of a incident which exceeds the capabilities of the local fire esota Chemical Assessm ent Team and the department, the Sta.te of Muin als Re onse Teazn can be re uested thraugh the Sta.te Duty Hazardous Maten q SP Officer at (651-649-5451}. D. Response to a release of a hazardous material. 1. Each city has conducted a hazard analysis to determine potential populations and facilities which might be affected by a hazardous materials emergency. The resource methodology used to determine the area of the city likely to be affected includes the following: a. The Technical Guidance for Hazardous Analf.�sis, the US DOT. North American Emeraencv Resuanse Guidebook, CAMEO and other computer softwaze, facility preplans, and/or other systems and publications. I ous materials I the NSEI�IPG that ossess extremely hazard 2. Facilrties uzthin P are required to develop and maintain emergency response plans as Annex L 3 Annez L NSEMPG RadiologicaUHazardous Materials Protection EMERGENCY 4PERATIONS PLAN Revision 4 �7 F i specified in 29 CFR 1910.120 or emergency action plans as specified in 29 CFR 1910.38 (a) that their employees will follow in the event of a ust: release of those materials. At minimum, the plans m a. Specify that the facility shall immediately notify the following in the event of an accidental emergency release: Local authorities by dialin.g 911, sta.te authorities by contacting the State Duty Officer by dialing 651/-/649-5451, and the National Response Center by dialing 1-80Q-424-8802. b. Designate one or more facility emergency coordinators who shall make deternninations to implement the plan, with 24- haur conta.ct telephone numbers. 3. All covered facilities ha.ve developed, or (new facilities) have under development emergency respanse plans for on-site response. Copies of the plans are located at each fire department. E. Hazazdous Materials Response Capabilities 1. Within the NSEMPG, the Fire Department has the primary responsibility for responding to hazardous materials incidents. 2. First responders will begin their deternunation of the area affected by a hazardous materials release by identifying verifying the hazazdous material involved. The following methodology will be utiliz�d to determine the need for evacuation and the azea of the city to evacuate: Use of �he direct observation where applicable, North American Emergency Guide Book, Facility Preplans (if fixed faci�ity), computer modeli.ng when available, and on the advice of State Chemical Assessment Team, or facility operator. 3. All responses to hazardous materials incidents within the NSEMPG will be coordinated through the use of the National Incident Management System (NIMS). F. A listin of emer ency equipment available from public agency Haz-Mat g g resources is contained in the Resource M anual. G. A listing of available emergency equipment and facilities owned and operated by private facilities and available for use in response to a Haz-Mat accident would normally be contained within the facility plan. Specific items are mainta.ined in the resource manual. Annex L 4 Annez L NSEMPG RadiologicaUHazardous Materials Protecfion EMERGENCY OPERATIONS PLAN Revision 4 r,� III. StateiCountv Suv�ort In the event of a hazardous materials incident that is beyond the capabilities of a specific city's fire department and immetiiate mutual aid agencies; assistance from Hennepin County, and State Agencies CAT Chemical Assessment Teams, and Hazardous Materials Response Teams can be requested. Such requests are mad.e through the State Duty Officer (651-649-5451). IV. Federal Sunnort In the event of a hazardous materiais incident that is beyond the capabilities of municipal, county, and state governments, the National Regional Respanse Team can be requested through the Duty Officer (651-649-5451). A. Reimbursement of costs for a hazardous materials response may be available. To be eligible for reimbursement, contact the National Resgonse Center (1-800-424- 8802) and the MCPA within 24 hours of the incident and subsequently submit an application for reimbursement. County and Sta.te Emergency Management offices can offer assistance when� seeking reim.bursement from t}us and other sources. V. Sunnortin� Documents City Fire Department Manual of Policies, Regulations, and Operating Guidelines City Police Department Policies and Procedures Manual EMS Transporta.tion Service Hazardous Materials Response SOP Annex L 5 a Anneg M NSEMPG Domestic and Ezotic Animals EMERGENCY OPERATIONS PLAN Revision 4 I. Purpose The purpose of tlus plan is to coordina.te the effective use of public and private partnerships for the evacua.tion, rescue, transport, sheltering, and disposal of domesdc animals (pets and livestock) and exotic animals in the NSEMPG during and after a disaster/emergency. II. Resnonsibilities A. The ultimate responsibility for any azumal lies with its owner. B. The Emergency Management Director of the jurisdiction having authority is responsible for the activating the plan. C. The Emergency Management Director or his/her designee of the jurisdiction having authority will assist in providing resource coardination between the public and private sectar. D. The Emergency Management Director of the authority having jurisdiction is responsible for coordinating the dissemination of information to the public on i" mitigation and recovery actions for domestic animals. E. City personnel and equipment from within the NSEMPG regfon may be utilized to assist owners who do not have the resources or transporta.tion available to ensure the proper evacuaxion of their animals in a safe and timely manner. F. The NSBMPG will maintain pre-deterrruned agreements to ensure that adequa.te resaurces are available to assist with these concerns during a disaster/emergency. III. Resources Police Department Community Service Officers Fire Deparhnent personnel Mutual aid with neighboring Community Service Officers Minnesota Department of Natural Resources Hennepin County Animal Humane Society Loca1 Veterinarians Technicians Hennepin County and Ivtinnesota State Fair Grounds Leroy Job Trucking Company (Animal Rendering) Public school facilities Minnesota Horse Council University of Minnesata Veterinary Hospital Zuhrah Shrine Mounted Patrol Stable Minnesota Herpetological Society Loca1 Wildlife Rehabilita.tors Annex M —1 Anneg M NSEMPG Domestic and Ezotic Animals EMERGENCY OPERATi4NS PLAN Revision 4 Pazks and Recreation PetSmart P.U.P.S. N. Eauiument Considerations Kennels/Cages/Aquariums Food First-aid ma.terials Muzzles Dishes ID Bands Digital Cameras Vehicles V. Procedure During a disaster/emergency event the Fxnergency Management Director or his/her designee of the authority having jurisdiction will coordinate with the Community Service Officer Supervisor or designee of the jurisdiction ha.ving aufihority to implement the required aspects of this plan. The CSO Supervisor or designee will coordinate with the listed resources to address the concerns at-hand to find reasonable solutions to rescue, shelter, treat, feed, remove, and transport both domestic and exotic animals. Annex M 2 Annez N N5EMPG Terrorism EMERGENCY QPERATIONS PLAN Revision 4 r I. Purvose This is a general guideline for coordinating emergency operations in the event of a terrorist att.ack. II. Resnonsibilitv The NSEMPG will play a key role in the initial crisis management phase of a terrorist attack and the affected city will maintai.n the sole respansibility for consequence management throughout the incident. During a terrorist threat or actual incident, response from County, Sta.te, and Federal agencies will be required. III. Policies Local Emergency Responders shall perform the following tasks: A. Establish overall direction, control and/ar coordination through a unified command and/or open the EOC to support the response to a terrorism incident. B. FireiRescue will provide fire control, rescue operations and hazardous material response and assist law enforcement in evacuations. C. Law Enforcement wil� exercise broad lawful authority within existing capabilities to protect life and properiy threatened by terrorism incidents to inciude evacuations, curfews and other necessary actions to contain or cantrol the incident D. The local city Emergency Mana.gement Division will be responsible for all resource coardination during the incident i.e., FBI, ATF, FEMA, HSEM, etc. E. If the incident is determined to be an act of terrorisni, the FBI becomes the Iead federal agency. IV. Notifications In the event of a terrorist attack, notifications need to be made in order to properly enact the Emergency Operations Plan. Agencies to be notified: A. NSEMPG: The jurisdiction/s involved: City Manager/City Administrator or designee Emergency Management Director, Emergency Management Coordinatar, Fire Chief, Department Directors B. Hennepin County Emergency Prepazedness Annex N —1 Annez N NSEMPG Terrorism EMERGENCY OPERATIONS PLAN Revisioa 4 C. Federal Bureau of Investigation D. Involved jurisdiction/s City Council E. Minnesota. Division of Homeland Security and Emergency Management (HSE11� V. Procedures A. Initial Response Considerations: 1. Protection of self and crew 2. Size-up and assessment by first arriving unit 3. Establish Incident Command System 4. Isolate area 5. Establish initial zones and peruneters 6. Identify need for and request additional resources 7. Consider secondary devices 8. Location of Command Post, Sta.ging, and Decontamination areas 9. Weather 10. Access and egress routes B. Law Enforcement Res onse: P Law Enforcement will exercise broad lawful authority with existing capabilities ta protect life and property threatened by terrorism incidents which inelude: ordering evacuations, curfews, and other necessary actions to contain/control the inciden� Law Enfarcement Considerations: 1. Recognize Hazmat and secondary devices 2. Preservation of erime scene/evidence protection 3. Conduct investigation and apprehension of suspects 4. Perimeter scene control 5. Traffic control 6. Protect first responders and on-scene personnel 7. Request Bomb unit if necessary 8. Establish ingress and egress for emergency vehicles 9. Credentialing (support personnel will handle) 10. Intelligence gathering with Federal, State, and local authorities 11. Activate tactical response team 12. Establish communications with on-scene personnel and first responders Annex N 2 Anne� N NSEMPG Terrorism EMERGENCY OPERATIONS PLAN Revision 4 13. Esta.blish staging areas a. Media b. Famiiy c. Personnel d. Equipment C. Fire Service Response: In a critical event, the fire service will evaluate the incident to detennine the danger and magnitude of the event The fire service will provide fire suppression, rescue operations, and will assist HazMat teams. In addition, the fire service wil.l assist law enforcement with evacuations. Fire Service Considerations: 1. Fire suppression 2. Rescue operations HazMat Considerations: 1. Identify the product 2. Determine hot, warm, and cold zones through manitoring 3. Provide recommended evacuation/isolation distances andior shelter in place plan 4. Monitor air quality continuously 5. Provide emergency and technical decontamination and recavery teams 6. Mitigate hazards 7. Assist Law Enforcement with the Collectian and protection of evidence. 8. Provide technical supportlinformation with regazd to possible symptoms and treatments per reference materials as required D. Emergency Mana.gement Response: The involved jurisdiction's Emergency Management Division will establish overall direction, contral, and coordination through unified command in response to a terrorism incident. Emergency Mana.gexnent Considerations: 1. The EOC will be opened and will establish overall direction control and/or coordination through a unified cammand to support the response and recovery to a terrorism incident. 2. The EOC staff will t�tilize the C-FLOP {Command Finance Logistics Operations Planning) Incident Command format to assist in the coordina.tion and control of the even� EOC staff will be divided into each GFLOP component and will work with the designated commanders. Annex N 3 Annex N NSEMPG Terrorism EMERGENCY OPERATIONS PLAN Revision 4 3. The EOC will manage the process for all requests for assistance through HSEM to request Staxe and Federal assistance i.e., National Guard, FEMA, etc. 4. The EOC will coordinate all requests for assistance and anticipated needs through existing mutual aid agreem�nts with the involved jurisdiction. 5. The EOC will determine the need for shelters and wiil notify shelter managers and volunteer agencies to open and operate the shelters as needed. 6. The EQC will assist with any P.I.O. considerations. E. Emergency Medical Services Response: North Ambulance Service, Allina, and HCMC ambulance are the NSEMPG's primary emergency medical support providers. In the event of a terrorist atta.ck, EMS will be summoned to coordi.nate patient ca�e. EMS Considerations: 1. Pmvide basic and advanced life support care 2. EMS will treat and transport injured victims and coordinate triage 3. EMS will request mutual aid assistance when needed 4. EMS will track the transport destination of a11 patients 5. EMS will assist HazMat with decontamination and trea.tment of the contaminated patient F. Public Health Response: Hennepin County Human Services and Public Health Department shall monitor the emergency siluation for health threats, initiate alerts, provide epidemiological investigation and response, and implement a plan for mass prophylaxis or vaccina.tion of citizens through the Strategic National Stockpile program when needed. Public Health Response: 1. Inspect licensed facilities and mass care sites to ensure safe food, lodging, and water. 2. Conduct preventian and conbrol activities including epidemiological investigations and recommendations to reduce the public health consequences of the emergency. 3. Ensure mechanisms for mass dispensing of vaccine or antimicrobiats for the public. Annex N 4 Anne� N NSEMPG Terrorism EMERGENCY OPERATIONS PLAN Revision 4 G. Volunteer Agencies Respanse: The following agencies and personnel will be considered for providing additional resources and support if necessary. All volunteer agencies will perform support functions in identified "Cold Zones." 1. Red Cross: The American Red Cross may provide various services, depending on the event, including food, shelter, disaster mental and physical health services, disaster welfaze inquiry service, and financial assistance andlor referrals. 2. Salvation Army: Provide food and shelter. 3. NSEMPG regianal Police Reserves/Explorers resources: Aid with support functions. 4. NSEMPG regional Cha.plain Corps: 5. NSEMPG regional Senior Corps: Support the command staff in the Emergency Opera.tions Center {EOC). VI. Summarv In the event of a terrorist attack, the locai jurisdiction having authority will have a number of responsibilities in both the crisis and consequence management phases of the incident. This annex provides general guidelines for coordinating the City's emergency operations, response, and recovery from a terrorist attack, Ann.ex N 5 NSEMPG Annez O EMERGENCY OPERATIONS PLAN VolunteerlDonations I. Purpose This is a general guideline far coordinating emergency opera.tions in the event of a major emergency or disaster. Many disaster incidents create a need to coordinate donations of unsalicited goods and services, along with spontaneous or unaffiliated volunteers. It is not anticipated tha.t every disaster incident will result in the donation of goods and services. A. When circumstances warnant, a united and cooperative effort by state, federal and local governments, private volunteer organizations, the private sector and the donor con�nunity is necessary for the successful mana.gement of unsolicited and non-designated donations. This plan outlines a system for managing the onslaught of unsolicited and non-designated goads, which invariably make their wa.y to the disaster area.. B. Because private volunteer organiza.tions are experienced in mana,g'� volunteers and donations and ha.ve existing ca.pabilities to receive, process and deliver needed goods and services to disaster victims, the city emergency management division having jurisdiction will look to those orga.nizations for providing a means to implement the resource system. C. The city emergency management division having a jurisdictional role in allocation and distribution of donations will be limited to providing a means to coordinate response needs with offers af goods and services. 'This will be accomplished through a Donations Coordina.tion Team representing County, Local and Volunteer/Non-Profit agencies. II. Resnonsibilitv The City Emergency Management Division having jurisdiction will work closely with HSEM and Henne in Coun Emer en Pre azedness that have a eed to help coordinate this F tY g �3' P an individual rivate effort. The Ci s Volunteer ponations Plan will not interfere with y p t3' volunteer organiza.tion's policy concerning donations. Rather, fihe intent is the incorporation of all private volunteer organizational policies in order to pravide a means for optimal coordina.tion in responding to the needs of disaster victims in the most efficient and timely manner possible. III. Direction and Control This Disaster Resources Management Plan and implementing procedure will be activated in the event of a catastrophic disaster or other significant disa.ster causing a major need for resources. The Emergency Management Director andlor hislher designee, will determine when these procedures will be implemented and will notify appropriate City personnel, local govemment afficials and participating volunteer organizafions before public notificatian. Annex O T NSEMPG Annex O EMERGENCIT OPERATIONS PLAN Volunteer/Donatians 4�a�:N IV. Concent of Operation A. VVhen the disaster situation warrants, the Emergency Management Director or their designee of the jurisdiction having authority will assign the Dona.tions Coordination Team to serve, along with volunteer non-profit agency representa.tives, on a needs assessment team. The needs assessment team will deploy to the affected area to determine the initial "needs list" for donated goods and/or volunteers to identify operating facilities to be used for donations management will be ideniified. Needs assessment is an ongoing process. Available facilities aze outlined in the NSEMPG Emergency Plan and Resource Manual. B. Upon implementaxion of the Emergency Management Plan, the Emergency Mana.gement Director of the jurisdiction having authority will designate an individual to assist the Donations Coordination Team in facilitating transactions concerning offers of cash, goods and services and volunteers during the disaster operations. The team is made up of the Volunteer Resaurce Coordinator, Donated Goods Coordinator, and the Financial Coord.inator. C. The Federal Emergency Management Agency donations coordinator, the state dona.tions coordinator and representatives of participating volunteer organizations will be assigned to a Donations Coordination Center at the onset of a disaster. This Dona.tions Coordination Center will be the central location for the Donations Coordination Team. The Center will be located at a location that has the following resources: Paid phone line Multi-line phones Computer access Lc>cated close to an Emergency Opera.tions Center Restrooms and a kitchen Large pazking lot Emergency Power D. Once the plan is implemented, participating volunteer organizations will provide the city emergency management division ha.ving jurisdiction with phone numbers and other pertinent information in order to begin an effective communications process. This information will be provided to the Donations Coordination Center. E. The Donations Coordinaxion Center is tasked with facilitating the matching of dona.ted goods and services with all arganizatians involved. This command Annex O 2 t NSEMPG Annez O EMERGENCY OPERATIONS PLAN VolunteeriDonations ��k,i post will work in conjunction with the affected jurisdiction (HSEM and/or Hennepin County) Emergency Opera.ting Centers. F. In caoperation with the State of Minnesota. HSEM, a central phone number will be established for response to inquiries concerning donations. The number of opera.tors needed will be determined based on the circumstances of the particulaz disaster incident. These phone line operators will come from RSVP, United Way, Hennepin County Emergency Preparedness and Hennepin County Sherrff's Department and the NSEMPG. G. A computer database can be utilized for documenting all donated resources. Donation information will be made available to a11 participating agencies, volunteer organizations and emergency respanders. H. Information regarding individuals and businesses soliciting contra.cts far goods or services will be recorded separately from donated goods and services. I. For the proper management of unsolieited and nan-designated donations, operating facilities will include checkpoints, staging areas, donatians coordination center, distribution centers and storage warehouses. J. The City Emergency Management Division ha�ing jurisdiction will coordinate with local governments, volunteer non-profit agencies and the Sta.te to identify appropriate facilities to serve as donations, coordination center, distribution centers and storage warehouses. (See Hennepin County Resource Manuai) K. The Sta.te will support the NSEMPG and Hennepin County Emergency Preparedness in any resource requirements, as appropriate, to make faciiities operahle in a timely manner. L. When necessary, the Emergency Management Program having jurisdiction and Hennepin County Emergency Preparedness wiil coardinate with RSVP, CERT, and United Way to provide personnel to assist in managing operating facilities and dona.tions phone Iines. Ivi. Twenty-four hour security of facilities and personnel will be provided. N. Hennepin Cau.nty and the City Emergency Management Program having jurisdiction will coordinate with Hennepin County Sheriff s Department, local police and Minnesota. State Patrol to identify and manage checkpoints and staging azeas for incoming donations. Weigh sta.tions and rest areas will be considered for this use. Annex O 3 NSEMPG Annez O EMERGENCY OPERATIONS PLAN Volunteer/Donations O. The City Emergency Management Program having jurisdiction and Hennepin County Emergency Preparedness will coordinate with Depariment of Transpartation and the Minxiesota State Patrol in directing vehicles and trucks bringing dona.tions into their counties. Roacl signs should be posted and clearly mazked. P. Distribution centers will be operated by local governments, local churches, community-based organizations and volunteer agencies to provide donated goods directly to disaster victims. Q. Volunteer agencies active in the disaster may operate independent facilities for coordinating designated donations and danations that are specifically solicited by their agencies R Sanita.tion for volunteer and staff living on-site is a requirement. Sanita.tion and hand washing facilities will be required. S. Arrangements for the feeding of volunteers and staff will be made when necessary. Mass feeding may be available through a valunteer agency with a mobile kitchen. Shuttle service to local eateries will be provided when warranted. T. The appropriate key players will coordinate any information provided to the media before being released to the press. The City Emergency Management Division ha.ving jurisdiction in coordination with volunteer agencies, through news releases and printed materials will encourage cash donations rather than clothing, foad or other items. U. No attempts will be made by anyone involved in the coordination and implementation of this plan to solicit donations for any specific organization. V. In circumstances where the donor is undecided or is unaware of wluch organiza.tions are involved in disaster relief activities, the inclividual respanding to the inquiry may provide a list of those organizations that are in need of and will accept the particulaz goods or services being offered. If a cash donation is involved, a complete list of Volunteer Organizations will Active in Disasters (VOAD) providing disaster assistance ui the County be provided to the donor. The City Emergency Management Program having jurisdiction will make every effort to ensure that information about offers of goods and services are available to volunteer/non-profit agencies. Annex O 4 NSEMPG Annez O EMERGENCY OPERATIONS PLAN Valunteer/Donations W. Donors will be encouraged to make their own decision in choosing which organization the dona.tion is to be designated. X. Donors will be ad.vised to pmperly package and label all goods and to provide a detailed inventory list with shipments. Y. The City Emergency Management Program having jurisdiction will work with the appropriate state and federal agencies to coordinate waste disposal operations. It may be necessary to maintain a waste disposal contract to effectively dispose of a cansidera.ble amount of cardboard, paper, metal and spoiled or unsafe contai.ners of goods. Z. The City Emergency Management Program having jurisdiction will caordinate with the local Radio Emergency Associated Communica.tions Teams (REAC`I� Council and HAM radio organiza.tion to provide Citizen's Band (CB) and other mobile radio communications. For example, REACT may provide truck drivers with directions to the appropriate donations facilities. V. Administrative and Technical Sunnort A. Government agencies and volunteer organizations in implementi.ng the Donations Plan will provide administrative support. Temporary personnel may be employed on an as needed basis. B. Technical assistance is available from the State HSEM Division ta provide guidance on: Establishing a Donations Coordination Team; Establishing a Donations Coordination Center; Processing offers; Evolving from response to recovery; Establishing donations hot line/phone bank; and Developing press releases. VI. Desi�nated Cash Donations A. Every effort will be made by the counties to encourage the public to contribute cash donations to established, recognized disaster relief organizations of their chaice. All inquiries concerning donations for a specified organiza.tion will be referred to that organization. B. The organiza.tion acceptingireceiving designated donations will follow its own policies and procedures for handling the logistics involved. Annex O S NSEMPG Annez O EMERGENCY OPERATIONS PLAN VolunteerlDonations C. The United Way, the fiscal agent for this plan, may establish on-line donations to accept local, national and international financial donations. D. The United Way is a 501.3c organization. Cash contributions, therefore, are tax deductible. VII. Non-Desisnated Cash Donations A. Even after being asked not to send cash directly to the state, some donations may be received. Ta prepare for that contingency, the City Emergency Management Program having jurisdiction may establish an approved Disaster Donations Fund through United Way. Cash contributions received but not designated to a specified organization will be deposited in the Disaster Donations Fund account. Donors who do not wish to specify their cash contribution to a particulaz volurrteer organiza.tion will be advised to make the donation check payable to the Disaster ponations Fund. B. Volunteer organiza.tions, churches and other non-profit entities may apply for grants from the Disaster ponations Fund so long as the grant is used specifically for disaster-related needs and expenses. C. Grantees cannot use any portion of a grant for administrative expenses. Crrantees will be required to submit documenta.tion of expenditures. D. The City Emergency Management Program having jurisdictian may assign the Donations Coordination Team the responsibility of reviewing applica.tions, preparing a brief suinmary for each application and submitting recommendations to United Way. The team may consult with the Emergency Management Director. E. Surplus non-designated cash donations will be used only for needs and expenses resulting from jurisdictions' declared disasters. F. Undesignated funds, remaining after FEMA has� closed all project applications, will be released to volunteer organizations by the United Way "Results Team." These organizafiians must demonstrate the disaster had an adverse impact on their organizations resources. G. The Financial Resources Team Leader will ensure an audit of aIl financial accounts is performed. VIII. Unsolicited/Non Desi�nated Donation Goods A. Donors will be discouraged from sending unsolicited donations directly to the disaster site. Annex O 6 2 NSEMPG Anneg O EMERGENCY OPERATIONS PLAN VolunteeriDonations B. Donors who insist on donating unsolicited or unwanted goods will be advised that although the gaods cannot be accepted at this time, the information will be entered into a data base and made available to federal and state gavernments, volunteer organizations and other emergency responders, should a need arise for such goods. C. Goods not requested but which can be used will be made available to all participating volunteer organizations and other specialized existing non-profit organizations such as Goodwill Industries ar a local community-wide food bank. D. When possible, unneeded goods such as clothing shall be recycled or redistributed to others in need. E. When deemed necessary, the city Emergency Management Program having jurisdiction would provide transporta.tion of donated goods. A list of moving and stoxage companies can be found in the Hennepin County Emergency Preparedness Resource Manuai. F. The City Emergency Management Program having jurisdiction will follow established guidelines for tracki.ng the receipt and distributian of unsolicited and non-designated goods. A computer program for tracking goods may be needed to deal with the volume of goods based on the size of the disaster. G. The team leader of the Donated Goods will seek an audit of all donations. H. Stores that will accept clothing, household goods, an.d furniture. GOODWII,L Will accept clothing and household items. Will not accept items that will cost them money to dispose of. SAVERS Will accept clothing and household items. SALVATION ARMY Will accept food, clothes, and some furniture. CATHOLIC CHARITIES Will accept some food, clothing, and household items. Will not accept large appliances. IX. Volunteer Services The City Emergency Management Program having jurisdiction will encourage individuals age 18 and older interested in volunteering services to affiliate with a recognized private volunteer organiza.tion or other organized group of their choice to facilitate relief activities. Some locai groups have been identified: RSVP Community Organizations Church Groups Annex O 7 NSEMPG Annez O EMERGENCY OPERATIQNS PLAN Volunteer/Donations Salvation Army Catholic Charities American Red Cross Ham Radio United Way Seventh Day Adventist Church Colieges High Schoals Positions to mana.ge volunteer services: Overall coordinator Volunteer Manager recniitment, public information, and answer phones In-take Coordinator sign waivers, registration fornas Supply coordinatar (before valunteers are sent out to site) Transportation coordinator to direct them to their work site A. Unaffiliated volunteers will be discouraged from going directly to any disaster site. B. The Emergency Management Director and/or his/her designee of the city emergency mana.gement division having jurisdiction may be asked to identify potential volunteers with specific technical skills. The Director or assigned designee may work with the Public Information Officer. C. Certification and credentials will be required of some volunteers such as doctors, nurses and certain other specialists to e�sure volunteers chosen are qualified to provide the services they offer. Construction contractors providin.g both residential and commercial construction must be licensed by the State of Minnesota and show proof af license, insurance and bonding. All trades, including plumbing, heating and electrical contractors, must be licensed, bonded and insured either by the State of Minnesota or as applicable by the local municipality. D. The City Emergency Management Program having jurisdiction may identify a Volunteer Center, depending on the disaster needs and the number of offers to volunteer that are received. This will be handled through the city emergency management program havi.ng jurisdiction. The Volunteer Center preferably should be within a one-mile radius from the iiisaster. Facilities could be schools, churches, warehouses, etc. E. Valunteers will be advised they must be fully self-supporting for at least the first 72 hours. F. Organizations will be encouraged to provide volunteers with easilY recognizable identification. They must be age 1$ or above, signed a waiver and capable of doing a task assigned without constant supervision. G. Volunteer organizations involved in the disaster will request public valunfieers, as needed, from the Volunteer Resource Team. Annex O 8 NSEMPG Annez O EMERGENCY OPERATIONS PLAN Volunteer/Donations t H. Requests from the disaster affected community for public volunteers will be made through the State Emergency Operaxions Center. I. The Salvation Army or the American Red Cross may be designated to feed volunteers. J. Businesses and people offering their paid services will be put on a list for future services. County and City building permits will be required. IX. Corpara.te Donations A. Corpora.te offers of bulk items will be accepted if the itexns can be used in the disaster response and relief efforts. B. Information concerning corporate offers of bulk items may be entered into a resource da.ta.base. C. When necessary, information concerning the proper use of items being donated and expiration dates will also be entered in the da.ta.base. D. Corporate donors will be advised to label a11 goods and to provide a detailed inventory list with all shipments. E. Information on these reso�ces will be made available to all private volunteer organizations and emergency responders through the resource database. X. Public Information A. The Emergency Management Program Director or hislher designee of the city emergency management program having jurisdiction, will designate a Public Information Office (PIO). All media releases go through the PIO. B. The City Emergency Management Program havi.ng jurisdiction, in conjunction with private volunteer organiza.tions will develop a program to educate the media, government officials, and the public concerning danations. C. The public information program will be designed to encourage cash donatians and to limit or stop the arrival of unneeded goods and services. D. Public Informatian should reach a wide variety of organizatians snch as civic and churcli on s, unions, state, and other interest groups. �T P E. Press releases will be issued immediately following a major disaster. These press releases will encourage cash donatians to the private volunteer Annex O 9 NSEMPG Annez O EMERGENCY OPERAI`IONS PLAN VolunteerlDonations 1 organizations and will briefly explain some of the problems associated with unsolicited goods and services. F. Press releases will be determined by an assessment of needs. G. Volunteer organizations are responsible for representing their own organizations; fiowever, prior coordination between key players shauld take place to ensure that messages to the public are consistent. H. General public recognition of in-kind gifts, donations and services will utilized to thank the donors. probably be the only methad tha.t can be �II. Sta�in� Chart Emergency Management Director of city emergency management division having jurisdiction Hennepin County Emergency Prepazedness Resource Coordination RSVP Director I I Volunteer Resources Donated Resources Financial Resources irector of Finance o rdinator Comm. Services Pro am Mgr. D RSVP Program C o Catholic Chazities United Way VOAD (Volunteer Organizations Active in Disasters) Cammunity Members Annex O -10 NSEMPG Anneg O EMERGENCY OPERATIUNS PLAN Volunteer/Daaations .�5,;:� �:�w� MOVING AND STORAGE COMPANIES COMPANY I ADDRESS PHONE CONTACT I COA�IlYIENTS I I I Annex O -11 TO: Curt Boganey, City Manager FROM: DATE: January 31, 2008 SUBJECT: Resolution adopting the North Suburban Emergency Operations Plan Recommendation: Staff recommends that the Brooklyn Center City Council adopt the North Suburban Emergency Operations Plan as the official emergency operations plan for the city. Background: Each city is required to have an emergency operations plan and all emergency operations plan are required to meet the same criteria. For the last 10 years the North Suburban Emergency Management Planning Group (NSEMPG), comprised of Brooklyn Center, Brooklyn Park, Champlin, Crystal, Dayton, Golden Valley, Hassan Township, Maple Grove, Medicine Lake, New Hope, Osseo, Plymouth, Robbinsdale, Rogers and St. Anthony, has been meeting and sharing information. These cities have been working on the development of a single joint emergency operations plan, as it will enhance response between member cities. It is the intent of the NSEMPG that each member city adopts the joint plan as their own plan. The NSEMPG Emergency Operations Plan establishes a framework through which the member cities ma re are for res ond t Y p p p o, recover from and mitigate the impact of a wide variety of disasters and emergency events that could adversely affect the health, safety and/or general welfare of the citizens of the member cities. Because it is a framework, the details of how this is accomplished are contained in the operations documents of the respective cities. This plan is very similar to our local plan. This does plan does not change the use of individual department plans which address more specifically how the de artments will accom lish their oals. The p p g NSEMPG will maintain and update this Emergency Operations Plan, as it is a living document that will see changes as time goes on. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE ADOPTION OF THE NORTM SUBURBAN EMERGENCY MANAGEMENT OPERATIONS PLAN WHEREAS, the city of Brooklyn Center is required to have an emergency operations plan; and WHEREAS, all emergency operations plans are required to meet the same criteria; and WHEREAS, a single regional emergency operations plan will enhance response between members; and WHEREAS, a common emergency plan will provide the ability for all the cities that comprise the group to work efficiently and effectively together; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, adopt the North Suburban Emergency Management Operations Plan. 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: I and the followin voted a ainst the same: g g whereupon said resolution was declared duly passed and adopted. W yt�` �S �a�`� `7a v L a P��' d� m s s c�D�t r „u, 'l r�. n n-.�t c,,, el �'a .,,A-B f1"^ �Y1'"�`°A`� C�''�`'�r r I q ��y�� 5 P C-(w°JY� wl`eF '7 t�/1-v�.+ �'"S' .��M G.G..b .en. Er°.-t,wr�.e? w.:.- �C C�- �T1° t� E$'��'fu.,lv �I7 D g� t�. cv �awE NORTH SUBURBAN EMERGENCY �-R MANAGEMENT GROUP j'C+"�`� EMERGENCY OPERATIONS PLAN �-�n-6 �es c�. 7F1C- :t�-%* s 5. ��S �m F-�.�.: ��s�;- Preparedness a Response ��-i��-L ��-�-50� j�r Recovery Mitigation M`�-'`"�"G,�"t .�.�y�lL /kt�-=C--�` Z c�C �Y�`�-�-�c.�-� e;+.c5 ft�r-rS i S `�SoluC_ i�`t C�?:,�ww..^e'°�..T�-p..-� O 2G '��A-� ;.:-f3v+� w.._., e��-�`rt•-r i3 7 r 2� Ac-�""`� c,�;wo; A G�-� t �.�F rww Background Emergency Management Responsibilities All hazard plan T2inin9 .�,^.!y��;`�°:°,C.^d� "�ti r y"".;� 3` ti 1� r+ F�cercising �tJ✓�' North Suburban Planning Group Meeting for at least 10 years Have combined Training Exercises �G/�V �"jC (TC '�"'�"'y�^�-� r �"`ti"' LG,ip :�S Go�-,rK.�ew-'�".c...-:'�`"n""e-"'° a f� vt.�.�:,. C �,�..t�W v �1�-�°r�.�. t �--rt�--�...� �.,�--n �.---.,oc..a. i t r e'�� S�� c.— y.� s f North Suburban Emergency Management Planning Region Common Emergency Plan for 14 North Suburban Regionai Govemments .A--� `.J �j(..p��r�°� ��°�.�i �„Q Brooklyn Center New Hope V� Brooklyn Park Osseo Champlin Plymouth C,.�.._.,,d,..ti`-.'l� G Q�-6 v e a CrysWl Robbinsdale Dayton Rogers Golden Valley One non-contiguoius �.°'N�.-M�'A Maple Grove jurisdictiort: Medicine Lake City of St. Mthony i6y� j� y_� f.m°i Supporting Agencles. HennepinCountySheriffsOffice� L �6� Hennepin County Emergency Preparedness �c-6'� �y C� r>--��-' �CZ G a t ��C '�T i �,,-,��3�..�'"" 'i 6f� �?i Page 1 North Suburban Emergency Operations Plan Reason for Combined Emergency Operations Plan —Ho meland Security Presidential Directive 5 The objective of the United States Government is to ensure that all levels of government across the Nation have the capability to work e�ciently and effectively togefher, using a national approach to domestic incident management ADVANTAGES OF COMBINED PLAN All cities are required to have Emergency Operetions Plan All Emergency Operations Plans have to meet the same criteria Having one Emergency Operations Plan for group would enhance response between members Updating the Emergency Operations Plan to meet federal requirements would be more efficient Emergency Operations Plan The North Suburban Emergency Operation Plan is written to provide the region a common plan The Emergency Operations Plan and Basic Annex Sections z� �s Page 2 EOP Main Sections �5) Region and Generel Description, Reason and purpose of the plan Legal basis and requirements -Re ferences laws (Ordinances, Statutes and Federai Acts) thafrequire and aid emergency planning, response, recovery and mitigation. Direction and Control -L ocal responsibilities -Re gional responsibilities EOP (Continued) Operetional Policies -Ge nerel guide for emergency response Support -Sta te National Guard is available when a naturel disaster or major emergency is beyond the capability ot local government. The Guard will support not substitute local resources. -F ederal and State Agencies available to assist with particular emergencies. EOP -Annexes ��o� Annex A Warning Notification -Assigns responsibilities for a system of warnings, including tornado sirens and media. Technology is making this a rapidly changing subject. Annex B Direction Control -De tails management of emergency response. -Sta ndardresponse model: National Incident ManagementSystem (NIMS). -Em ergency Operetions Center (EOC) activation, sta�ng, equipment and supplies. Annex C Crisis Communication Page 3 i Annexes (Continued) Annex D Search 8 Rescue Mnex E Health Medical Annex F Security, Evacuation and Tre�c Control Annex G Fire Protectfon -Re ferences mutual aid agreements, hazardous materials response, hazardous materials facility plans, training records, fire command control, EMS, and search 8� rescue. Annex H Damage Assessment Annex I Congregate Care -Em ergency housing, feeding, clothing and counseling Annexes (Continued) Annex J Debris ClearancelPublic Works -F ire trucks, police cars and ambulances can't drive on roads filled with trees Annex K Utilities Restoration -Pu blic Works for water 8 sewer Annex L Radiological Haz-Mat Protection -F ire mutual aid pact. -M innesota Chemical Assessment Team. Annexes (Continued) S Annex M Domestic and Exotic Animals -Eva cuation, rescue, transport, sheltering and disposal of pets, livestock and exotic animals during and after a disaster Annex N Terrorism -Gu idelines for coordinating emergency operetions in the event of a terrorist attack Annex O VolunteeNDonations -Gu ideline for coordinating donations of unsolicited goods and services in the event of a major emergency or disaster Page 4 City Council Agenda Item No. llc COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Todd Blornstrom, Director of Public Works��'� DATE: May 22, 2008 SUBJECT: Resolution Awarding a Contract, Improvement Project Nos. 2008-11, Center Point Apartments Fence Improvements Recommendation: Public Works staff recommends that the Brooklyn Center City Council accept the lowest responsible bid and award a contract to Do-Right Construction, LLC. for Improvement Project No. 2008-11, Center Pointe Apartments Fence Improvements subject to the property owner providing an executed easement and Petition and Waiver Agreement. Background: Bids for the subject project were received and opened on May 16, 2008. The project bids included two alternates for the proposed fence installation. Alternate No. 1 provides for a 12 gauge steel feneing. Alternate No. 2 provides for a lighter weight 14 gauge steel fence. Bidding results are tabulated below Bidder Total Alt. 1 Total Alt. 2 Do-Right Construction 154,774.00 88,474.00 Mid-Metro Construction 177,128.00 127,828.00 Town Country Fence 184,827.00 130,308.00 Sunram Construction 113,050.00 155,890.00 Immediately following the bid opening, a representative from Sunram Construction notified City staff that they had an enor in their bid proposal form. The error consisted on reversing the pricing for the two alternatives noted above. Sunram has provided the attached fax documenting their bidding error. Sunram also contacted City staff by telephone on May 19, 2008 to request that their bid proposal be rejected and their bid bond returned to their office. Based on the bid results provided abave, staff recommends that the .City award the fence installation work to Do-Right Construction of Foley, Minnesota for Bid Alternate No. 2 in the amount of $$8,474.00, conditioned upon the City receiving the signed easement document and the Petitian and Waiver Agreement from the owners of Center Pointe Apartments. If the City Council wishes to award the contract based on Bid Alternate No. 1, staff can provide additional information regarding the possible rejection of the Bid Proposal provided by Sunram Construction. The proposed fence is to be located on private property within the Center Pointe site. The easement is necessary to allow installation of the fence. The Petition and Waiver Agreement is necessary to avoid an appeal of the special assessment for the cost of the fence. Center Pointe Apartments Fence Improuements Contract Award Budget Issues: The estimate for the total project cost is $97,774.00 as further described in the attached resolution. The Consent Decree indicates that the cost for these improvements shall be levied as a special assessment for the Center Pointe Apartments property. Center Pointe Apartments Fence Improvements Contract Award BID TABULATION CENTER POINTE PROPERTY FENCE IMPROVEMENTS CONTRACT 2008-E IMPROVEMENT PROJECT NO. 2008-N Mnroor DO-RIGHT CONSTRUCTION MID-METRO CONSTRUCTION TOWN 8 COUNTRY FENCE SUNRAM CONSTRUCTON ITEM REF. ESTIMATED UNIT UNIT UNIT UNfT NO. NO. DESCRiPT10N UNIT �UAN7YTY PRICE EXTENSION PRICE EXTENSION PRICE EXTENSION PRICE EXTENSION SCHEDULE A 1 I 2557,803 IMETALfENCE STYLE 'A' (Akemate No. 1) I lIN FT I 1,700 I 579.00 513t.300.00 579,00 S731,300.00 584.96 I SiI/.t32.00 S45.05 I S�B.SB5.00 SCHEDULE B 2 I 2557.603 IMETAL FENCE STYLE 'M' URemate No. 2) I LIN FT I 1.700 I 5�0.00 I Sb9.000.00 I f50.00 I Sb5.000.00 I 552.89 I 589.81J.00 I f70.25 SN9AT5.00 3 I 2021.501 IMOBll17ATfON LUMP SUM 1 I 5500.00 5500.00 1 51.000.00 1 51.000.00 I 5250.00 I 5250.00 I 51,500.50. I 51.500.50 t I 2563.801 ITRAFFIC COMROL I LUMP SUM 1 I 51.000.00 I 51.000.00 I 51.00O.W I 51,000.00 I S�W�� I 5200.00 I 5�.� 5900.00 5 I 2101.502 ICLEARING I TREE I 3 I f150.00 I 5�50.00 I 5300.00 I f1,500.00 I 5700.00 I SZA00.00 I SZfi0.00 I A50.00 6 I N01.507 IGRUBBING I TREE I 3 S3�.W I f150.00 I f300.00 I 5�.0� I fZSU.00 f750.00 5100.00 I f300.00 I 7 I 210t.506 IREMOVE BI7UMINOUS PAVEMENT/ CONCRETE PAVEMENTI S� VD I YI I 53.50 I SEI.00 I 548.00 I 51.152.00 I 530.00 I 5720.00 I SiS.W I f380.00 8 I 21d1.513 ISAWING 81T PAVEMENT (FULL DEPTH) I LIN FT I 80 I 53.00 I 5180.00 512.8p I f756.00 I SS�� I f300.00 I Sb.00 I SI80.00 I 9 I 270.5.507 ICOMMON EXCAVATION (P) I CU YD I 100 I 58.50 1 S&50.00 I 5g3.00 S6,300.00 I 555.00 I 55.500.00 I 55�.00 55,300.00 i 10 I 2560.603 ILANDSCAPE EDGER LIN FT I 3,500 I 52.00 5�.�.� I 52.50 SB,750.00 SZ.30 $8,050.00 53.25 I SH.375.00 N I 2557.603 ICHAIN LINK FENCE LIN FT I 30 I 517.50 5525.00 I EZ5.00 575Q00 I� 59�� I SZ70.00 S5T.50 I 51.575.00 12 I 2575.505 ISODOtNG,NCELAWN S�YD I 700 I 33.50 I E2,450.00 I 54.00 I 52,800.00 I� 55,99 54,193.00 I 5473 I 53,311.00 13 I 2575.535 IWATER (FOR SOD) I MGAL I 35 I S�`.� I 21.225.00 I 3100.00 I 53,500.00 I 520�.00 I 57.000.00 I E31.50 I E1.102.50 /4 I 2575.604 IGEOTERT1I.E WEED BARRIER FABRIC I S� VD I 780 I 52.00 I EL560.00 I 54.00 I 53,120.00 I 55.40 Ed,212.00 S2.dS I f1.911.00 75 I 2575.607 ILANDSCAPE ROCK, 3/4' WASHED RIVER ROCK I CY I 100 I 545.00 I Sd,500.00 E113.00 I §11,300.00 I� $68.50 I 56,850.00 I 576.00 I E7,600.00 TOTAL SCHEDULE C SZ0,474.W E42,828.00 540,395.00 536,485.00 TOTAL ALTERNATE 1(Schedules A+ C) $154,774.00 $177,128.00 $184,827.00 $113,050.00 TOTAL ALTERNATE 2 (Schedules B +C) $88,474.00 $127,828.00 $730,308.00 $155,890.00 Page t (2008-t t SUNR.A,�v1 CONST�UC�'XON, Z�C. 200�0 75 AVENU� NCJRT� CORCORAN, �N 55340 (763) 4Z0-214� E763) 494-395 J. FA� DATE: MARCH '16, 2008 GOMPANY: CITY C�F BROOKLYN CENTER DELIVER TO: MR. TODD BLOMSTRON, P.E. FROM: LEE W. SUNRAM NUMBER QF PAGES INCLUDING THfS GOVER SHEET. 2 RE: CENTER PaINTE PROPERTY FENCE IMPROVEMENT DEAR TODD; SUNRAM CONSTRUCTION 1NC. MADE A MISTAKE ON PRICING THE A& B RAILING; TNEY �HOUL.D BE SWiTCHED TO THE FOLLOWING_ A $'I 19,425.00 B 76, 585.00 C TNE SAME SORRY FOR THE CONFUSI�N. SINCERELY, L� v,.�"c�' LEE W. SUNRAM PRESIDENT S. SEE ATTAGHED QUOTE P. ha� 15 08 02: 59p Rct i o�► F`ence 95243'�"4 2 32 P•� Jab �s�imate w P.C? Box �06� Buru:sville, MN 5533T Phone: 952-4�32-9737 Fax_ 952-9�32-4732 ernai/: jay�fheactwnt'ie�rce.cam pete: 511512f1a8 To� PrimelGeneral Contractor Job Deacriptfon, Center Pointe Property Fence Impr�v�ments Brooklyn Genter, MN Quantity Descri�tion Price N Total 30�Chain link fence 50.Ob 1,500.00 17d0�Me�a1 Fence St�ie "A" (al�em�te #'1)" ffi 42.90 72,93Q.00 X 17UO�Meta1 Fence Style (alfiernate l 6S•�� 113,730 �*3-� WEEKS FRQM DATE OF CpNTRACT REQUIRED �TO RECEIVE MATERfAL �ROM MANUFACTURER, S M3 WE�KS FOR �NSTA�L FROM RECENED DAT�_ I I 1 I$ Total 1$8,160.00 Est+mate Accepta�d /tction Fe�nce, !nc- By: B Y' Date: N Go!/eraR, Pre+sident G AcSor� F�nce Inc_ is a siQnatorv Union Contractor r ,6. r`e i 7 A ��i �e `t' �r}. .:r 1. f r L. `1 v ::l•�• r �r is 1 �,r, t ..r...� .a L .r c r I r R't i �t ��:�.d�:� �.cs� :ryr. 4� �r. :i F r �I �i t! '�i'� 6 w V��„� F r cv.r w t �i r w�`ti' t �i f =M1� F: a�ll�� i .`'�a f r k �..1 ,r'� qY� V" "1.�� L�. t •Y i t 1 y .J�- '1 hM� r s�. t ;r� Fence Between Bldgs ,k,�, t �tw" a with Security Gate 's. A1 g s .,a y� ,r, 1 r; '7'!P'_. r t y r 1 C' i'� �'�P I h� r a b a 4 �.e t� y,� i"� a �9 r w.r �..'i+� a s e j�••i�,; l F e w� k�� ,:I r A ''F �:R f o f Qo J r t F �.�a� S .F r, a R r_ Center Pointe Apartments Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2008- 1 l, CENTER POINTE APARTMENTS FENCE IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Praject No. 2008-1 i, bids were received, opened, and tabulated by the City Clerk and Engineer on the 16 day of May, 2008. Said bids were as follows: Bidder Total Alt. 1 Total Alt. 2 Do-Right Construction 154,774.00 88,474.00 Mid-Metro Construction 177,128.00 127,828.00 Town Country Fence 184,827.00 130,308.00 Sunram Construction 113,050.00 155,890.00 WHEREAS, the City Council has determined that Bid Alternate No. 2 is the appropriate option for furnishing and installing the perimeter fence far the project; and WHEREAS, Do-Right Construction, LLC. of Foley, Minnesota is the lowest responsible bidder for Alternate No. 2. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Do-Right Construction, LLC of Foley, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2008-11, Alternate No. 2, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer, subject to receipt of an executed fence easement and a Petition and Waiver Agreement from the Center Pointe property owner. 2. The estimated project costs are provided below. The project revenue shall be derived from a special assessment levied against the Center Pointe Apartments property, property identification number 02-118-21-23-0015 in accordance with the necessary Petition and Waiver Agreement with the property owner. Contract 88,474.00 Parking Lot Removal Costs 7,800.00 Additional Security Gate 1.500.00 Subtotal Construction Cost 97,774.00 RESOLUTION NO. Mav 27. 2008 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. 1ld COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Directo DATE: May 19, 2008 SUBJECT: RESOLUTION APPROVING THE LABOR AGREEMENT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 (POLICE COMMANDERS AND SERGEANTS) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2008 Recommendation: It is recommended that the City Council consider adoption of the attached resolution approving the labor agreement between the City of Brooklyn Center and Law Enforcement Labor Services (LELS) Loca186 for the period January 1, 2008 December 31, 2008. Background: The current contract with LELS 86 expired on December 31, 2007. The City and the Union have met and negotiated in good faith to reach a settlement on all issues of concern. The attached agreement has been approved by a vote of the members and upon adoption by the City Council will establish wages and working conditions for 2008. As has been the previous practice the City has attempted to maintain competitiveness in the market place by providing wages that were consistent with similar communities i.e. as the nine cities established in Council t ill allow the Cit to maintain its com etitive Policy 2.05.(3)A. The proposed adjustmen s w y P position. Per the attached the articles affected by this agreemer�t include the following: Article 13 Overtime Article 14 Court time Article 24 Uniforms Article 26 Vacation Leave Article 28 Insurance Article 29 Wage Rates Article 36 Duration Budget Issues: The adopted budgets affected by this group of employees will accommodate the proposed increases. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2008 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary ar wages of all officers and employees of the City; and WHEREAS, the City has negotiated in good faith with LELS Local 86 (Commanders/Sergeants) for a contract for the year 2008 as attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to execute the attached contract with LELS Local 86 (Commanders/Sergeants) for calendar year 2008 with such language changes as may be necessary to clarify any terms, provided such language changes do not change the substance or monetary compensation set forth in the attached contract. BE IT FURTHER RESOLVED that authorized wage and benefit adjustments shall become effective according to the schedule of the agreement which commences January 1, 2008. 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. Apri121, 2008 Brooke Bass, Business Agent Law Enforcement Labor Services, Inc. 327 York Avenue St. Paul, MN 55101-4090 Dear Ms. Bass: Listed below are the changes we've discussed for the tentative labor agreement for 2008. Article 13, Overtime Agreed to a MOU with a sunset after 2008 (MOU attached with the contract). Article 14, Court Time Agree to change the language to clarify and match patrol language. Article 24, Uni orms f Agree to increase the uniform maintenance allowance to $135.00 far 2008. Agree to increase the plan clothes allowance to $570.00 for 2008. Article 26, Vacation Leave Agree to change language to add the 14 day notice of termination of employment. Article 28, Insurance Effective Ul/08, the City will contribute payment of seven hundred fifty-one dollars ($751.00) per month per employee for use in participating in the City's insurance benefits. Article 29 Wage Rates Sergeant— Increase wages 2.75% January 1, 2008 and 1% on July 1, 2008. Lieutenant Increase wages 2.75% January 1, 2008 and 1% on July 1, 2008. Article 36, Duration Agree to one year agreement effective 1/1/08 12/31/08. Please let me know if you have any questions. Sincerely, Kelli Wick Human Resources Director cc: Tim Gannon, Union Steward Stu Robinson, Union Steward i I I i I i Negotiations 2008 LELS 86 updated 4/16/08 City 2007 /ncreases 2008 Brooklyn Center 3% +$50/mo 2.75% 1/1 1% 7h Clystal 3.5% 3% Fridley 3% +$50/mo Current agreement ends 12/31/07 Golden Valley 3% 2% 1/1 2% 7/1 Maplewood 3% 3%0 New Hope 3% 3% Richfield 3% 1/1 .5% 7/1 3% 1/1 .5% 7/1 Roseville 3% Current agreement ends 12/31/07 White Bear Lake 2- 4% based on 3% performance i Master Labor Agreement Between City of Brooklyn Center And Law Enforcement Labor Services, Local Number 86 January l, 2008 December 31, 2008 i TABLE OF CONTENTS ARTICLE PAGE 1 Pu ose of A eement 1 2 Recognition 1 3 Definitions 1 4 Employer Security 1 5 Employer Autharity 2 6 Union Security 2 7 Savings Clause 2 8 Constitutional Protection 2 9 Seniority 2 10 Work Schedules 3 11 Discipline 4 12 Employee Rights Grievance Procedure 4 13 Overtime (Sergeant Classification) 6 14 Court Time 7 15 Call Back Time g 16 Working Out of Classification 8 17 Standby Pay g 18 Leaves` of Absence g 19 Severance 9 20 Injury on Duty 9 21 False Arrest Insurance 9 22 Training 9 23 Post License Fees 10 24 Uniforms 10 25 Holiday Leave 10 26 Vacation Leave 11 27 Sick Leave 11 28 Insurance 12 29 Wage Rates 13 30 Benefits for Retirees 13 31 Mileage and Expense Reimbursement 13 32 Light Duty 13 33 Retiree Health Savings Plan (RHSP) 13 34 Agreement Implementation 15 35 Waiver 15 36 Duration 16 I i ARTICLE 1- Purpose of Agreement This Agreement is entered into between the City of Brooklyn Center, hereinafter called the Employer, and Law Enforcement Labor Services, "Local No. 86", hereinafter called the Union. It is the intent and ose of this A eement to: P� 1.1 Establish rocedures for the resolution of dis utes concernin this A eement's inte retation P P �P andlor application; and 1.2 Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2 Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statues, Section 179A.03, Subdivision 6, for all police personnel in the following job classifications: Sergeant; Commander the Union are unable to a ee as to the inclusion or exclusion of 2.2 In the event the Employer and gr a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 Definitions 3.1 Union: Law Enforcement Labor Services, "Local No. 86." 3.2 Union Member: A member of Law Enforcement Labor Services, "Local No. 86." 3.3 Department: The City of Brooklyn Center Police Department. 3.4 Employee: A member of the exclusively recognized bargaining unit. 3.5 Employer: The City of Brooklyn Center. 3.6 Chief: The Chief of the Brooklyn Center Police Department. 3.7 Union Officer: Officer elected or appointed by Law Enforcement Labor Services, "Local No. 86." 3.8 Overtime: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 39 Scheduled Shift: A consecutive work period including rest breaks and a lunch break. 3.10 Rest Breaks: Period during the Scheduled Shift during which the employee remains on continual duty and is responsible for assigned duties. 3.11 Lunch Breaks: A eriod durin the Scheduled Shift durin which the em lo ee remains on p g g P Y continual du and is res onsible for assi ed duties. tY P 3.12 Regular Base Pay Rate: The employee's hourly or monthly base pay rate. 3.13 Strike: Concerned action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of inducing, influencing, ar coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. ARTICLE 4 Employer Security The Union agrees that during the life of this Agreement the Union will not cause, encourage, artici ate in or su ort an strike, slowdown, or other interruption of or interference vvith the P P PP Y normal functions of the Employer. -1- ARTICLE 5 Employer Authority 5.1 The Employer retains the full and unrestricted right to operate and manage all personnel, facilities and e ui ment• t tablish function and ro ams• to set and amend bud ets• to q p o es s p gr g, determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel, to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established ar modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 6 Union Security 6.1 The Employer shall deduct the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. b.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7 Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Brooklyn Center. In the event any provision of the Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 8 Constitutional Protection Employees shall have the rights granted to all citizens by the United States and Minnesota Constitutions. ARTICLE 9 Seniority 9.1 �eniorit shall be determined b continuous len h of service in the 'ob classification covered Y Y J by this Agreement. Employees promoted from the classification covered by this Agreement to a position outside the bargaining unit will continue to accrue seniority under this Agreement until the completion of their promotional probationary period or for no longer than twelve (12) months. The seniority roster shall be based on length of service in the job classification covered by this Agreement. Employees lose seniority under this Agreement under the -2- following circumstances: resignation, discharge for cause, or transfer or promotion to a classification not covered by this Agreement after completion of the promotional probationary period or for no longer than twelve (12) months after transfer or promotion. 9.2 There shall be an initial probationary period for new employees of twelve (12) months. During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. The Employer shall give the Union and the employees at least two (2) weeks written notice in advance of any layoff. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opporiunity to return to work within two (2) years of the time of the layoff before any new employee is hired. 9.4 Senior ualified em lo ees shall be iven shift assi ent reference after twelve 12 months q P Y g P of continuous full-time em lo ent. Exce t as noted in the recedin sentence shift P Ym P p g assignments shall be bid on the basis of seniority at least annually and after any permanent change in the work schedule. Employees will not be subject to shift rotation more often than every four (4) months. If a special assignment's position is created, assignment to such position shall be opened for bidding on the basis of seriiority for up to a two-year assignment in such position. A person shall not be eligible to bid or be assigned to such special assignment position more often than two years out of any six continuous year periods. [A special assignment position is one out of the normal shift rotation with primary emphasis on patrol management.] 9.5 One continuous vacation period shall be selected on the basis of seniority until April 1 of each calendar year. 9.6 The Em lo er shall reco ize seniori as the rimary factor when authorizing holiday leave P Y tY P and compensatory time leave. 9.7 No time shall be deducted from an employee's seniority accumulation due to absences occasioned by an authorized leave with pay, any military draft or government call-up to Reserves ar National Guard, or for layoffs of less than two (2) years in duration. ARTICLE 10 Work Schedules 10.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each employee through: a. hours worked on assigned shifts, b. holidays, c. assigned training, and d. authorized leave time. 10.2 Authorized leave time (including holiday hours) is to be calculated on the basis of the actual hours used for such leave based on the time that the employee would otherwise have been scheduled to work. -3- 10.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. ARTICLE 11 Discipline 11.1 The Employer will discipline employees for just cause only. Discipline will be in one or more j of the following forms: i a. oral reprimand; b. written reprimand; c. suspension; d. demotion; or e. discharge. 11.2 Suspension, demotions, and discharges will be in written form. 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 11.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer. 11.5 A single disciplinary action for failure to attend training, court or tardiness will be removed from the personnel file after 18 months if, during that time, the single incident of discipline for failure to attend training, court or tardiness, is the only occurrence of discipline during that 18 month period. 11.6 Discharges will be preceded by a five (5) day suspension without pay. 11.7 For purposes of discipline, a day will mean eight (8) hours. 11.8 Employees will not be questioned concerning an investigation of proposed disciplinary action against the employee being questioned unless the employee has been given an opportunity to have a Union representative present at such questioning. 119 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article 12. ARTICLE 12 Employee Rights Grievance Procedure 12.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 12.2 Union Representatives The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when so designated as provided by 6.2 of this Agreement. -4- 12.3 Processing of a Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 12.4 Procedure Grievances, as defined by Section 12.1, shall be resolved in conformance with the following procedure: Step 1• An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waive. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer to Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual Agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timeliness for Step 4 of the grievance procedure. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days of inediation shall be considered waived. -5- Step 4. A grievance unresolved in Step 3 or Step 3a and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations �Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the Rules Governing the Arbitration of Grievances as established by the Bureau of Mediation Services. 12.5 Arbitrator's Authority a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no autharity to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and wimesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 12.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievanee as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union in each step. ARTICLE 13 Overtime (Sergeant classification) 13.1 Employees will be compensated at one and one-half (1 %2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. -6- 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest six (6) minutes. 13.6 Em lo ees have the obli ation to work overtime or call backs if re uested b the Em lo er P Y g q Y P Y unless unusual circumstances prevent the employee from so working. 13.7 When employees have less than twelve (12) hours of duty-free time between assigned shifts, they will be compensated at a rate of one and one-half (1 %z) times the employee's regular base pay rate for the next shift. For purposes of this Article, shift extensions, elected overtime, voluntary changes of shifts, City-contracted work, training, and court time are considered as duty-free time. The twelve (12) hour requirement may be waived by mutual Agreement between the Employee and the Police Administration. 13.8 As an option to monetary compensation for overtime, an employee may annually elect compensatory time off at a rate of one and one-half (1 time. An employee s compensatory time bank shall not exceed forty (40) hours at any time during a calendar year. On or about December 1 of each year, the City will pay off by check the balance of compensatory time accumulated by each sergeant. No compensatory time will be accumulated or used during the month of December. Special overtime duty assignments made available to all employees by the Chief of Police at the employee's rate of compensation will not be eligible for compensatory time. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer-designated supervisor. i 13.9 Employees given less than sixteen (16) hours notice of a scheduled duty change other than their regularly scheduled work period shall be compensated at one and one-half (1 %2) times the employee's regular pay rate for hours worked outside of the scheduled work period. ARTICLE 14 Court Time An employee who is required to appear in court during their scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1 %z) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for court appearance does not qualify the employee for the three (3) hour minimum. Employees shall not be required to work office or street duty to qualify for the court time minimum. An employee who is required to appeax in court during their scheduled off-duty time shall be given 12 hours prior notification of cancellation of the court appearance. If the notification is not given 12 hours prior to the scheduled court time, the employee will receive the three (3) hour court time minimum. 14.1 Any employee, who is on their scheduled days off and is canceled from a court appearance with less than twelve hours notice, shall receive the short notice provision of Article 14. 14.2 Any employee, who is canceled from a court appearance with less than twelve hours notice during their scheduled work week, shall not be eligible for the short notice provision of Article 14. -7- 14.3 Any employee who appears in court during their scheduled work week shall be paid the Article 14 minimum or the actual time spent, whichever is greater. 14.4 Any employee who is placed on stand-by for court should retain a copy of the notice placing them on stand-by, or obtain the name of the person placing them on stand-by. The employee will be paid the Article 14 minimum or Article 17 pay, whichever is greater. ARTICLE 15 Call Back Time An employee who is called to duty during their scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1'/z) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hours minimum. ARTICLE 16 Working Out of Classification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 17 Standby Pay Employees required by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. ARTICLE 18 Leaves of Absence 18.1 In cases of demonstrated need and where sick leave has not been abused, the Employer shall grant to employees a leave of absence without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence, the Employer will not permanently fill the employee's position and the employee's benefits and rights shall be retained. 18.2 An employee called to serve on a jury shall be reimbursed the difference between the amount paid for such service (exclusive of travel and expense pay) and compensation for regularly scheduled working hours lost because of jury service. 18.3 Employees ordered by proper authority to National Guard or Reserve Military Service not exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence without loss of status. Such employees shall receive compensation from the Employer equal to the difference between his/her regular pay and the lesser military pay. 18.4 Employees called and ordered by proper authority to active military service in time of war or other properly declared emergency shall be entitled to leave of absence without pay during such service. Upon completion of such service, employees shall be entitled to the same or similar employment of like seniority, status, and pay as if such leave had not been taken, subject to the specific provisions of Chapter 192 of the MN Statutes. -8- 18.5 Members of the bargaining unit will receive such additional leaves as provided for under State or Federal law, as the same laws may be amended from time to time. 18.6 Additional leaves of absence may be granted in the City Manager's discretion upon the same terms and conditions as then applicable to non-Union employees pursuant to the City's Personnel policy applicable to non-Union employees at the time of application for a leave of absence. ARTICLE 19 Severance 19.1 An employee shall give the Employer two (2) weeks notice in writing before terminating his employment. 19.2 Severance pay in the amount of one-third (1/3) the accumulated sick leave employees have to their credit at the tims of resignation or retirement, times their respective regulax pay rate, shall be paid to employees who have been employed for at least f�ve (5) consecutive years. If discharged for just cause, severance pay shall not be allowed. 19.3 Employees hired after 111/1992 and having 25 years of continuous service at the time of separation, shall be paid 40% of their accumulated sick leave into the City authorized RHSP. In the event that the retiree benefit in effect on September 1, 2005 is completely eliminated by the employer for employees hired before 1/1/92, the sick leave severance pay for employees hired prior to 1/1/1992 and having 25 years of continuous service will be paid at 40% of their accumulated sick leave into the City authorized RHSP. If discharged for cause, severance pay shall not be allowed. ARTICLE 20 Injury on Duty Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the employee's regular pay and Workers' Compensation insurance payments for a period not to exceed 720 hours per injury, not charged to the employee's vacation, sick leave, ar other accumulated paid benefits, after a three (3) working day initial waiting period per injury. The three (3) working day waiting period shall be charged to the employee's sick leave account less Workers' Compensation insurance payments. ARTICLE 21- False Arrest Insurance The City of Brooklyn Center shall maintain liability insurance that includes a provision for unlawfully detaining an individual when an employee is acting within the scope of their duties on behalf of the City of Brooklyn Center. ARTICLE 22 Training 22.1 The Employer shall reimburse each employee who is required to maintain a license as a law enforcement officer under Minnesota Statutes, Section 626.84, et se�c for actual expenses of tuition, meals, travel, and lodging incurred in meeting the continuing education requirements of the Minnesota Police Officers Standards and Training Board, not to exceed 48 hours of such training every three (3) years. The Employer need not make such reimbursement for attendance at a course located less than sixty (60) miles from the City of Brooklyn Center and such reimbursement shall not exceed similar allowances for state employees. If the Employer -9- provides in-service training to its employees which meets the continuing education requirements of the Minnesota Police Officers Standards and Training Board, and if the Employer provides its employees with an opportunity to attend such in-service training courses, to the extent that such opportunity is provided to each employee, the obligation of the Employer to reimburse such employee for expenses incurred in attending continuing education courses shall be reduced. 22.2 The Employer shall pay each employee their regular salary while attending continuing education courses whether or not such courses attended are in-service training courses or courses given by instructors other than the Employer. The obligation of the Employer to pay such salaries shall not exceed a total of forty-eight (48) hours every three (3) years. ARTICLE 23 Post License Fees The Employer shall pay up to $90 for the cost of POST license fees for all employees requiring such license during each licensing period. ARTICLE 24 Uniforms The Employer shall provide required uniform and equipment items. In addition, the Employer shall pay to the uniformed officers a maintenance allowance of $135 per year. Plainclothes officer(s) shall be paid a clothing allowance of $570 per year. ARTICLE 25 Holiday Leave 25:1 Employees shall receive eight (8) hours of holiday leave per month Ninety-six (96) hours of holiday leave shall be advanced to employees on January l of each calendar year beginning on January 1 S 2002. In the event an employee is not employed for the entire calendar year, the employee's holiday leave shall be reduced by eight (8) hours for each full month that the employee will not have worked in that calendar year. 25.2 Employees may use holiday leave with the approval of the Employer. 25.3 An employee who works on Martin Luther King, Jr. Day, Memorial Day, Independence Day, or Labor Day shall receive time and one-half (1 %z) employee's regular pay rate for all hours actually worked during the named holiday. 25.4 An employee who warks on New Year's Day, Thanksgiving Day, or Christmas Day shall receive two times the employee's regular pay rate for all hours actually worked during the named holiday. 25.5 Except as provided in 25.3, overtime pay shall not be authorized for employees for hours worked on holidays when such work is part of the planned schedule. 25.6 An employee may request a holiday off, which he/she is required to work, prior to fourteen calendar days before the holiday. The Employer shall post the open holiday shift to be filled by another employee at the holiday rate of pay. The employee making the request for the holiday off is responsible far working the holiday if the posting is not filled five (5) days prior to the holiday. -10- 25.7 Employees beginning employment after January l of a calendar year shall receive eight (8) hours of holiday leave per month beginning on the first month in which they are working as of the first day of that month. Such employees shall receive an advance of holiday leave hours equal to eight (8) hours multiplied by the nuinber of whole months they will work through December of the year in which they were first employed. 25.8 Any holiday leave not used on or before December 31 of each year will be deemed forfeited and shall not carry over into the next calendar year. ARTICLE 26 Vacation Leave 26.1 Permanent full-time employees shall earn vacation leave with pay as per the following schedule: 0 through 10 years of service one hundred twenty (120) hours per year (accrued at 4.62 hours per pay period) eight (8) additional hours per year of service to a maximum of one hundred sixty (160) hours after fifteen (15) years of service 11 years 492 hours per pay period 12 years 5.23 hours per pay period 13 years 5.54 hours per pay period 14 years 5.85 hours per pay period 15 years 6.15 hours per pay period 26.2 Employees using earned vacation leave or sick leave shall be considered working for the purpose of accumulating additional vacation leave. 26.3 Vacation may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. Employees shall not be permitted to waive vacation leave and receive double pay. 26.4 Employees with less than five (5) years of service may accrue a maximum of one hundred twenty (120) hours of vacation leave. Employees with more than five (5) but less than fifteen (15) consecutive years of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of one hundred sixty (160) hours of vacation leave. Employees with fifteen (15) consecutive years or more of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of two hundred thirty (230) hours of vacation leave. 26.5 Employees leaving the service of the Employer in good standing, after having given the Employer fourteen (14) day notice of termination of employment, shall be compensated for vacation leave accrued and unused. ARTICLE 27 Sick Leave 27.1 Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight (8) hours per month or 96 hours per year (computed at 3.69 hours per pay period} of -11- full-time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use during the first six (6) months of service. 27.2 Sick leave shall be used normall for absence from du because of ersonal illness or legal Y tY p quarantine of the employee, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents-in-law, spouse, or children of the employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers-in-law, sisters-in-law, grandparents, grandparents-in-law, and grandchildren of the employee. 27.3 Sick leave shall accrue at the rate of eight (8) hours per month or ninety-six (96) hours per year until nine hundred sixty (960) hours have been accumulated (shall be computed at 3.69 hours per pay period). Effective January 1, 1994, after nine hundred sixty (960) hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month or forty- eight (48) hours per year (computed at 1.85 hours per pay period), and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month or twenty-four (24) hours per year (camputed at .925 hours per pay period). Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workers' Compensation benefits shall be credited against the compensation due employees utilizing sick leave. 27.4 In order to be eligible for sick leave with pay, an employee must: a. notify the Employer prior to the time set for the beginning of their normal scheduled shift; b. keep the Employer informed of their condition if the absence is of more than three (3) days duration; c. submit medical certificates for absences exceeding thxee (3) days, if required by the Employer. 27.5 Employees abusing sick leave shall be subject to disciplinary action. ARTICLE 28 Insurance 28.1 2008 Full-time employees Effective 1/1/08, the City will contribute payment of seven hundred fifty-one dollars ($751.00) per month per employee for use in participating in the City's insurance benefits. 28.2 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use as provided in the Employer's Cafeteria Benefit Plan. The Employer will make a good faith effort to provide the following options for employee selection: group dental, supplemental life, long-term disability, deferred compensation or cash benefits. The Employer wilI be excused from the requirement of offering a particular option where such becomes unfeasible because of conditions imposed by an insurance carrier or because of other circumstances beyond the City's controL -12- ARTICLE 29 Wage Rates Ser�eant- Date Sergeant Rate 1/1/08 2.75 $37.87/hour 7/1l08 1 $38.25/hour Commander I Date I Commander Rate 1/1/08 2.75% $7,042 $7,373/month 7/1/08 1 I $7,113 $7,447/month I New hires in the Commander classification will be paid at minimum starting wage, be on probation for one year and after successful completion of probation will receive a pay increase to the maximum pay. ARTICLE 30 Benefits for Retirees Retirees at the time of retirement shall receive the same options and level of City contribution for insurance coverage upon retirement as are provided by the City's Personnel Policy covering non- Union employees as such options and contributions may be changed by the City from time to time. ARTICLE 31 Mileage and Expense Reimbursement Employees shall receive the same mileage and expense reimbursement rates upon the same terms and conditions as generally provided in the City's Personnel Policy covering non-Union employees as such policy may be changed by the City from time to time. ARTICLE 32 Light Duty Members of the bargaining unit will be eligible for temporary light duty assignment upon approval of the City Manager upon such terms and conditions as would apply to non-Union employees of the City as set forth in the City's personnel policy, as the same may be amended from time to time by the City. ARTICLE 33 Retiree Health Savings Plan (RHSP) The Retiree Health Savings Plan (RHSP) is established to help defray the cost of inedical expenses and health insurance premiums for employees, spouses and dependents after the employee leaves employment with the City of Brooklyn Center. L Participation Eligibility Regular full-time benefit earning employees may have contributions made on their behalf into the RHSP. Participants must be 21 years of age or older. Unless noted otherrvise in this policy, the minimum period of service required to participate in the plan is 60 days. -13- Every eligible employee in an employee group is required to participate in the RHSP for their group as outlined in this applicable labor agreement. 2. RHSP Contributions When appropriate, each employee will have an account established in his or her name. Unless specifically noted otherwise, contributions (and earnings) to an employee's RHSP account are not taxable income. 3. Accessing Funds a. Employees may access the funds in their RHSP account when they are eligible to retire under the Public Employees Retirement Association's (PERA) rules. b. Unless prohibited by the IRS, employees leaving employment with the City prior to being eligible for retirement through PERA, for the reasons noted below, may make withdrawals on a tax-free basis for eligible health-related expenses. Upon tertnination of employment. If employee is collecting a disability. If employee is on a medical leave (six months or longer) If employee is on a leave of absence (one year or longer) If the employee returns to work and is earning medical benefits, they are no longer eligible to make withdrawals from their RHSP account. The IRS does not allow these funds to be rolled into any other type of plan, including an IRA. c. Access following death. The surviving spouse and eligible dependents continue to access the account for eligible expense reimbursements until the RHSP account is exhausted. Such reimbursements are not taxable. Unless prohibited by the IRS, reimbursements may also be made to a beneficiary other than a surviving spouse or eligible dependent. However, such reimbursements would be taxable to the recipient. 4. Eligible Expenses Reimbursed by Plan Funds in a RHSP account may be used to reimburse: L Insurance premiums (health insurance premiums, Medicare supplemental insurance premiums, Medicare Part B insurance premiums, COBRA and Chapter 488 insurance premiums, long term care insurance premiums (not long term care expenses), and dental insurance premiums. 2. Most qualifying medical expenses as defined in Internal Revenue Code Section 213 (i.e. medical costs that would otherwise be deductible to the employee on his or her individual income tax return). A third-party claims administrator hired by ICMA-RC will handle claims administration. -14- 5. No Opt-out Employees and retirees in groups covered by the RHSP program are not permitted to opt-out of the program. Participation is mandatory. 6. Program Administration Along with the Human Resources Division, the ICMA Retirement Corporation will administer the RHSP program. The employee controls how the money is invested similar to his or her Section 457 deferred compensation program. The ernployee receives an account statement each quarter from ICMA for his or her RHSP account. 7. Administrative Fees Please contact ICMA for current administrative and mutual fund fees. 8. Plan Modifications The details of ICMA-RC's administration of the RHSP as well as other features of the plan are set forth in the RHSP materials provided by ICMA-RC. These details and IRS regulations regarding the RHSP may be revised, necessitating the revision to this policy or other agreements between employee groups and the City. The City reserves the right to modify its policy to comply with any other regulations regarding the plan and to add contribution requirements. 9. Contribution Formulas 1. Election for Pre-Tax Contributions from Compensation. Employees may elect to contribute up to 25% of their compensation. This is a one-time, irrevocable election. Employees must make this decision during the open enrollment period. 2. Severance Pay. Employees who qualify to receive severance pay and vacation pay upon retiring ar leaving the city in good standing, as defined by the current Labor Agreement, will designate from 0% to 100% (in 10% increments) to be placed in their individual RHSP accounts at the time of retirement ar resignation. This is an irrevocable election. Employees must make this decision during the open enrollment period prior to the begi�ning of the year in which they will retire. ARTICLE 34 Agreement Implementation Employer shall implement the terms of this Agreement in the form of a resolution. If the implementation of the terms of this Agreement require the adoption of a law, ordinance, or charter amendment, the Employer shall make every reasonable effort to propose and secure the enactment of such law, ordinance, resolution, or charter amendment. ARTICLE 35 Waiver and all rior A reements resolutions ractices olicies rules and re lations 35.1 AnY p g P P re ardin terms and conditions of em lo ent, to the extent inconsistent with the g g P Y� provisions of this Agreement, are hereby superseded -15- 35.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 36 Duration This Agreement shall be effective as of January 1, 2008 and shall remain in full force and effect until the thirty-first (31) day of December 2008, as noted in the contract. IN WITNESS THERETO, the parties have caused this Agreement to be executed this day of 2008. FOR LAW ENFORCEMENT LABOR SERVICES NO. 86 Business Agent Union Steward Union President FOR THE CITY OF BROOKLYN CENTER Mayor City Manager -16- LABOR AGREEMENT ADDENDUM The City of Brooklyn Center AND Law Enforcement Labor Services, Inc. Local No. 86 MEMORANDUM OF UNDERSTANDING ARTICLE 13, OVERTIME (Commanders Classification) The City of Brooklyn Center and Law Enforcement Labor Services, Inc., Local No. 86 are parties to�a labor agreement. Article 13, Overtime, provides for overtime compensation. The City of Brooklyn Center and Law Enforcement Labor Services, Inc. Local No. 86 agree that Article 13, Overtime, shall be amended as follows: Article 13.10 Police Commanders are onlv eli�ible for overtime nav for nrivatelv funded and �rant funded �roiects fSafe and Sober. etc...l and are otherwise ineli�ible for overtime. This Memorandum of Understanding shall be in effect from January 1, 2008 to December 31, 2008. This Memorandum of Understanding is entered into this day of 2008. For the Citv ofBrooklvn Center For LELS Local No. 86 City Council Agenda Item No. lle i COUNCIL ITEM MEMORANDUM To: Cornelins Boganey, City Manager From: Scott Bechthold, Chief of Police Date: May 21, 2008 Subject: Ordinance Amending Brooklyn Center City Code Section 19-402 Relating to Dangerous Weapons and Facsimile Firearms Recommendation: Staff recommends the amendment of City Code Section 19-402 relating to dangerous weapons and facsimile firearms. The attached draft covers facsimile firearms that currently are not covered under State Statute. Background: On May 20, 2008, the Hennepin County Criminal Justice Coordinating Committee held a press conference to announce a new initiative by criminal justice agencies in Hennepin County increasing their focus on holding juveniles accountable for carrying real or replica firearms. The goal of this new initiative is to reduce juvenile gun crime by holding juveniles accountable if caught with BB guns, real guns or replicas. One of the problems that police are experiencing is the increasing number of juveniles who are found possessing replica, "AirSoft," weapons in a concealed manner as to simulate the carrying of a real firearm. AirSoft weapons are an alternative form of a BB gun that shoots a light weight plastic pellet that is non-lethal and does not fall within the definition of a dangerous weapon under State statute. The AirSoft weapon is designed around a highly matured plastic polymer and is distinguished from a real firearm by a bright orange extension that extends at least six millimeters from the muzzle end of the barrel which is permanently affixed. The police department's concern in the recovery of these types of weapons is the possessor often cuts off or paints the orange muzzle. The weapon at this point takes on the appearance of a real firearm, and the public safety concern is clearly evident. In addition, the current State statute defines a replica firearm as: a device or object that is not defined as a dangerous weapon and that is a facsimile or toy version of, and reasonably appears to be a pistol, revolver, shotgun, rifle, machine gun, or other firearm. If such a firearm is used in a threatening manner, an individual may be charged with the crime under Minnesota State Statute 609.713, Terroristic Threats. Minnesota State statutes, however, do not cover the possession only of replica firearms. The draft ordinance remedies this problem, and provides an enforcement tool to charge individuals who are caught possessing replica guns. It is important to note the draft ordinance cleaxly defines a"facsimile firearm" as any obj ect which is a replica of an actual firearm, which substantially duplicates an actual firearm or which could reasonably be perceived to be an actual firearm. This definition clearly differentiates a facsimile firearm from a toy. Two other cities in Hennepin County, Brooklyn Park and Minneapolis, have ado ted similar ordinances. P Budget Issues: There are no budget issues to consider. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23r day of June, 2008, at 7:00 p.m. at Ciry Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to dangerous weapons and facsimile firearms. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING BROOKLYN CENTER CITY CODE SECTION 19- 402 RELATING TO DANGEROUS WEAPONS AND FACSIMILE FIREARMS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. The Brooklyn Center City Code of Ordinances, Section 19-402 is amended as follows: Section 19-402. DANGEROUS WEAPONS AND FACSIMILE FIREARMS. Subdivision 1. Definitions. a. "Dangerous weapon" means any firearms, airgun or pellet gun, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm. b. "Facsimile firearm" means anv obiect which is a renlica of an actual firearm. which substantiallv dunlicates an actual firearm or which could reasonabiv be berceived to be an actual firearm, unless: 1. The entire exterior surface of such obiect is colored white, bright red, bri�ht oran�e, bright vellow. bri�ht ereen. brieht blue. bri�ht �ink or bri�ht nurale. either sin�lv or as the nredominant colar in combination with other colors in anv pattern, or such obiect is constructed entirelv of transbarent or translucent materials which nermit unmistakable observation of the obiect's complete contents; and 2. Such obiect has a blaze oranee extension that extends at least six (61 millimeters from the muzzle end of the barrel of such obiect which is as an inte�ral nart of the obiect and is nermanentiv affixed; and 3. Such obiect does not have a laser nointer attached to it. "Facsimile firearm" does not include anv actuai firearm as otherwise re�ulated bv the Citv Code or bv the Minnesota Statutes. Subdivision 2. The brovisions of the Minnesota Statutes reQUlatin� firearms and daneerous weanons and as thev hereinafter mav be amended. are incoroorated into this section. It shall be a violation of this section for anv nerson to eneaee in anv conduct oroscribed in the incoroorated statutes. Subdivision 3. Carrvin� of Dan�erous Weanons and Facsimile Firearms Prohibited. It shall be unlawful for anv nerson within the Citv to carrv on or about his or her �erson or transnort in anv vehicle anv dangerous weanon ar facsimile firearm. excent: a. Anv dan¢erous weanon or facsimile firearm being transoorted bv a nerson not in a vehicle directiv to or from anv nlace or activitv referred to in Section 19-401 or to and from his or her vehicle. in a secured container. b. Transnortation of anv dan¢erous weanon or facsimile firearm in or unon anv motor vehicle in a secured container or in the locked trunk of such a vehicle. The nrovisions of this section shall not be annlicable to the transnort of dangerous weanons or facsimile firearms bv nersons who are re�ularlv en�a�ed in the lawful manufacture. distribution or sale at retail or wholesale of dan�erous weanons or facsimile firearms, or the a�ents of anv of them while en�a�ed in such business: to the carrvins or transnort of dangerous weanons or facsimile firearms bv licensed, full-time neace officers, law enforcement officers. or militarv nersonnel while in the course of their duties: to nersons holdin� a oermit to carrv a dan�erous weabon actin� within the scooe of such nermit: to anv officer of a state adult correctional facilitv when on euard dutv or otherwise enga�ed in an assigned dutv: or to an owner or aeent while he or she is vresent at a business nlace that he or she onerates. Subdivision 4. Aimin� Prohibited. Excevt as authorized bv law. the aimine of anv deadlv weapon or facsimile firearm, whether loaded ar unloaded. at or toward anv human beins. buildine or occunied vehicle is nrohibited. SECTION 2. This Ordinance shall become effective after adoption and upon thiriy (30) days followirig its legal publication. Adopted this day of 2008. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Underlinin� indicates new matter; st�i�l-_^a indicates matter to be deleted.) I il It m No. l l f� C t C o u n c A e n d a e Y g COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 4��, DATE: May 22, 2008 SUBJECT: Resolution Authorizing the Execution of a Joint Cooperation Agreement Between the City of Brooklyn Center and Hennepin County for Participation in the Urban Hennepin County Community Development Block Grant Program in FY 2009- 2011 Recommendation: It is recommended that the City Council consider approval/adoption of Resolution Authorizing the Execution of a Joint Cooperation Agreement Between the City of Brooklyn Center and Hennepin County for Participation in the Urban Hennepin County Community Development Block Grant Program in FY 2009-2011. Background: The existing Joint Cooperation Agreement (FY 2006-2008) will expire on September 30, 2008. The Urban Hennepin County Joint Cooperation Agreement for FY 2009-2011 was approved by Hennepin County Board of Commissioners on May 6, 2008. A resolution has been drafted to execute the Joint Cooperation Agreement to indicate the City's intent to continue participation in the Urban County Program. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2009-2011 WHEREAS, the City of Brooklyn Center, Minnesota, and the Counry of Hennepin have in effect a Joint Cooperation Agreementi for purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs; and WHEREAS, the City and County wish to execute a new Joint Cooperation Agreement in order to continue to qua.lify as an Urban County for purposes of the Community Development Block Grant and HOME Programs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a new Joint Cooperation Agreement between the City and County be executed effective October l, 2008, and that the Mayor and City Manager be authorized and directed to sign the agreement on behalf of the City. Mav 27, 2008 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 favar thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Hennepin County Department of Housing, Community Works Transit 417 North Fifth Street, Suite 320 512-348-9260, Phone Minneapolis,Minnesota 55401-1362 612-348-9710,Fax 612-5 96-6985, TD D/TYY www.hennepin.mn.us May 13, 2008 Mr. Curt Boganey City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Subject: Fiscal Year 2009 2011 Joint Cooperation Agreement Dear Mr. Boganey: Enclosed for your review and execution is the Urban Hennepin County Joint Cooperation Agreement for FY 2009 2011. The agreement sets forth broad shared powers for carrying out housing and community development activities. The U.S. Department of Housing and Urban Development (HUD) requires this agreement in order for Hennepin County to qualify as an urban county and receive Community Development Block Grant (CDBG) Program entitlement funds. The existing Joint Coaperation Agreement (FY 2006 2008) will expire on September 30, 2008. There are no modifications being proposed to the existing agreement except for clarifying the automatic renewal clause in Section III of the proposed agreement (i.e., at the end of the next renewal period on September 30, 201 l, the County will notify the participating cities of their right to no longer participate in the Urban Hennepin County Community Development Block Grant (CDBG) Program as stipulated in the agreement; if the cities continue their participation, the agreement will automatically be renewed for another three-year term). The Urban Hennepin County Joint Cooperation Agreement for FY 2009 2011 was approved by the Hennepin County Board of Commissioners on May 6, 2008, and awaits action by your city council (to assist this process, a sample city council resolution is also enclosed herein). Please execute the city signature page of the agreement to indicate your intent to continue participation in the Urban County Program. Return only an original copy of the city signature page (please use blue ink) with the city seal and a copy of the authorizing resolution. These documents must be returned to this office no later than June 30, 2008. Materials should be sent to: Kaye Lockram Principal Office Specialist Housing, Commanity Works and Transit 417 North Fifth Street, Suite 320 Minneapolis, Minnesota 55401-1362 An EqualOpporturtityEmp(oyer Recyc(ed Paper May 13, 2008 Page 2 As a community participating in the Urban Hennepin County Program, your city would not be eligible in FY 2009 2011 to apply for grants under the small cities or state CDBG programs. Your community will automatically participate in the Hennepin County HOME Program and will not be eligible to receive HOME funds through the state or other consortiums. e in Coun Pro am durin in not c ntinue artici ation with the Urban Henn g Cities elect g to o p p p tY S�' the FY 2009 2011 qualification period must notify Hennepin County and HUD in writing terminating the agreement at the end of the current period. (HUD contact: Elizabeth Wise, 920 Second Avenue South, Suite 1300, Minneapolis, MN 55402.) This notification must be received by May 23, 2008. Please contact Jim Ford at (612j 348-6013 if you have any questions about the agreement or process. I look forward to continuing our cooperative efforts in addressing suburban Hennepin County housing and community development needs. Sincerely, Kevin Dockry Manager, Housing Development and Finance Enclosures: Joint Cooperation Agreement A080541 Sample city council resolution cc: CDBG Contact I Contract No. A080541 JOINT COOPERATION AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the COLJNTY OF HENNEPIN, State of Minnesota, hereinafter referred to as"COLJNTY," A-2400 Government Center, Minneapolis, Minnesota, 55487, and the cities executing this MasterAgreement, each hereinafter respectively referred to as"COOPERATING L1NIT," said parties to this Agreement each being governmental units of the State of Minnesota, and made pursuant to Minnesota Statutes, Section 471.59: WITNESSETH: COOPERATING LTNIT and COUNT'Y agree that it is desirable and in the interests of their citizens that COOPERATING LTNIT shares its authority to carry out essential community development and housing activities with COLJNTY in order to permit COUNTY to secure and administer Community Development Block Grant and HOME Investment Partnership funds as an Urban County within the provisions of the Act as herein defined and, therefare, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions. COOPERATING UNIT acknowledges that by the execution of this Agreement that it understands that it: L May not also apply for grants under the State CDBG Program from appropriations for fiscal years during which it is participating in the Urban County Program; and 2. May not participate in a HOME Consortium except through the Urban County. I. DEFINITIONS The definitions contained in 42 USC 5302 of the Act and 24 CFR §570.3 of the Regulations are incorporated herein by reference and made a part hereof, and the terms defined in this section have the meanings I given them: A. "Act" means Title I of the Housing and Community Development Act of 1974, as amended, (42 U.S.C. 5301 et seq.). B. "Activity" means a CDBG-funded activity eligible under Title I of the Housing a.nd Community Development Act of 1974, as amended. Example: single family rehab activity. C. "Annual Pro am" means those cambined activities submitted by cooperating units to COUNTY for gT CDBG funding as part of the Consolidated Plan. D. "Consolidated Plan° means the document bearing that title or similarly required statements or documents submitted to HUD for authorization to expend the annual grant amount and which is developed by the COLJNTY in conjunction with COOPERATING UNITS as part of the Community Develo ment Block Grant Pro am. P E. "Cooperating Unit(s)" means any city or town in Hennepin County that has entered into a cooperation agreement that is identical to this Agreement, as well as Hennepin County, which is a party to each Ageement. F. "HUD" means the United States Department of Housing and Urban Development. G. °Metropolitan City" means any city located in whole or in part in Hennepin County which is certified by HiJD to have a population of 50,000 or more people. H. "Program" means the HUD Community Development Block Grant Program as defined under Title I of the Housing and Community Development Act of 1974, as amended. L"Program Income" means gross income received by the recipient or a subrecipient directly generated from the use of CDBG. J. "Regulations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. K. "Urban County" means the entitlement jurisdiction within the provisions of the Act and includes the suburban Hennepin County municipalities which are signatories to this Agreement. II. PURPOSE The purpose of this Agreement is to authorize COLTNTY and COOPERATING i1NIT to cooperate to undertalce, or assist in undertaking, community renewal and lower income housing assistance activities and authorizes COtJNTY to carry out these and other eligible activities for the benefit of eligible recipients who reside within the corporate limits of the COOPERATING LJNIT which will be funded from annual Community Development Block Grant and HOME appropriations for the Federal Fiscal Years 2009, 2010 and 2011 and from any program income generated from the expenditure of such funds. III. AGREEMENT The initial term of this Agreement is for a period commencing on October 1, 2008 and terminating no sooner than the end of the program year covered by the Consolidated Plan for the basic grant amount for the Fiscal Year 2011, as authorized by HUD, and for such additional time as may be required for the expenditure of funds granted to the County for such period. Prior to the end of the initial term and the end of each subsequent qualification period, the COUNTY, as the lead agency of the URBAN HENNEPIN COLTNTY COMM[JNITI' DEVELOPMENT BLOCK GRANT PROGR.AM, shall provide a written notice to the COOPERATING UNIT of their right not to participate in a subsequent qualification period. The written notice will provide the COOPERATING UNIT a minimum thirty (30) day period to submit a written withdrawal. If the COOPERATING UNIT does not submit to the COUNTY a written withdrawal during the notice period, this Agreement shall be automatically extended for a subsequent three- year qualifying period. This Agreement must be amended by written agreement of all parties to incorporate any future changes necessary to meet the reyuirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for the yeaz in which the next qualification of the County is scheduled. Failure by either party to adopt such an amendment to the Agreement shall automatically terminate the Agreement following the expenditure of all CDBG and HOME funds allocated for use in the COOPERATING iJNIT's jurisdiction. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at the end of the program period during which HUD withdraws its designation of the COUNTY as an Urban County under the Act. 2 This Agreement shall be executed by the appropriate officers of COOPERATING LINIT and COiTNTY pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the COOPERATING LJNIT in the Hennepin County Depariment of Housing, Community Works and Transit, and in no event shall the Agreement be filed later than June 30, 2008. COOPERATING UNIT and COUNTY shall take all actions necessary to assure compliance with the applicant's certifications required by Section 104(b) of the Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964; the Fair Housing Act, Section 109 of Title I w m nt Ac of 1974• and other a licable la s. of the Housmg and Cornmunriy Develop e t pp IV. ACTIVITIES COOPERATING UNIT agrees that awarded grant funds will be used to undertalce and carry out, within the terms of this Agreement, certain activities eligible for funding under the Act. The COIJNTI' agrees and will assist COOPER.ATING UNIT in the undertaking of such essential activities by providing the services specified in this Agreement. The parties mutually agree to comply with all applicable requirements of the Act and the Regulations and other relevant Federal andlor Minnesota statutes or regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate the COLTNTY's responsibility to assume all obligations of an applicant under the Act, including the development of the Consolidated Plan, pursuant to 24 CFR Part 91. COOPERATING LTNIT further specifically agrees as follows: A. COOPER.ATING LJNIT will, in accord with a COUNTY-established schedule, prepare and provide to the COtJNTY, in a prescribed form, requests for the use of Community Development Block Grant Funds consistent with this Agreement, program regulations and the Urban Hennepin CounTy Consolidated Plan. B. COOPERATING LJNIT acknowledges that, pursuant to 24 CFR §570.501 (b), it is subject to tl�e same requirements applicable to subrecipients, including the requirement for a written Subrecipient Agreement set forth in 24 CFR §570.503. The Subrecipient Agreement will cover the implementation requirements for each activity funded pursuant to this Agreement and shall be duly executed with and in a form prescribed by the COiJNTY. C. COOPERATING LJNIT acknowledges that it is subject to the same subrecipient requirements stated in paragraph B above in instances where an agency other than itself is undertaking an activity pursuant to this Agreement on behalf of COOPERATING UNIT. In such instances, a written Third Party Agreement shall be duly executed between the agency and COOPERATING UNIT in a form prescribed by COLJNTY. D. COOPERATING LTNITS shall expend all funds annually allocated to activities pursuant to this Agreement within eighteen (18) months of the authorization by HUD to expend the basic grant amount. 1. With each annual program COOPERATING UNITS shall submit to the COLTNTY activity schedules for the completion and expenditure of funds within eighteen (18) months. COUNTY will institute monitoring measures and provide technical or other assistance to insure activities are proceeding on schedule. 2. Funds for activities not expended within eighteen (18) months may be recaptured at the i discretion of the COLTNTY and distributed by COiJNTY as provided for m D. 4. Limrt ed extensions to the expenditure deadlines in this section may be granted by COUNTY upon 3 I written request only where the authorized activity has been initiated and/or is subject to a binding contract which provides for the expenditure to be completed within a time period acceptable to COiJNTY. 3. Amendments to an annual program by COOPERATING UNITS may be approved by COiJNTY up to fifteen (15) months after initial funding has been approved only when the new activity can be completed and funding expended within six (6) months of the amendment approval. Funds not expended within the six (6) month extension period may he recaptured and distributed by COL1N'TY as provided for in D.4. 4. All funds recaptured by COUNTY will be fransferred to a separate account for reallocation on a competitive request for proposal basis at the discretion of the COiTNTY where total of such funds is $100,000 or greater. Amounts less than $100,000 shall be allocated by COLJNTY to other existing activities consistent with timeliness requirements and Consolidated Plan goals. E. COiJNTY and COOPERATING UNITS shall expend all program income pursuant to this Agreement as provided below: 1. Program income from housing rehabilitation activities administered by the COLTNTY will be incorporated into a pool at the discretion of the COUNTY. The pool will be administered by COUNTY and wil] be used for housing rehabilitation projects located throughout the entire Urban County. When possible, COiJNTY will give priority to funding housing rehabilitation projects within the COOPERATING UNIT where the program income was generated. Funds expended in this manner would be secured by a Repayment Agreement/Mortgage running in favor of the COLJNTY. Program income generated by certain COOPERATING UNITS that administer their own housing rehabilitation activities may be retained by the COOPERATING UNIT at its discretion; however, such COOPER.ATING UNITS will be bound by the conditions of D.2., above. Only COOPERATING UNITS that were adrninistering their own activities pursuant to the Joint Cooperation Agreement pertaining to the HCJD fiscal years 2006-2008 will be eligible to retain their program income. 2. COUNTY reserves the option to recapture program income generated by non-housing rehabilitation activities if said funds have not been expended within twelve (12) months of being generated. These funds shall be transferred to a separate account for reallocation on a competitive request for proposal basis administered by COiJNTY or, where the total of such funds does not exceed $100,000, shall be reallocated by COUNTY to other existing activities consistent with timeliness requirements and Consolidated Plan goals. F. COOPERATING LJNITS are encouraged to undertake joint activities involving the sharing of funding when such action furthers the goals of the Consolidated Plan and meets the expenditure goals. G. If COLTNTY is notified by HUD that it has not met the performance standard for the timely expenditure of funds at 24 CFR 570.902(a) and the COiTNTY entitlement grant is reduced by HUD according to its policy on conective actions, then the basic grant amount to any COOPERATING UNIT that has not met its expenditure goal shall be reduced accordingly. H. COOPERATING LJNIT will take actions necessary to assist in accomplishing the communiTy development program and housing goals, as contained in the Urban Hennepin County Consolidated Plan. 4 I. COOPERATING UNIT shall ensure that all activities funded, in part or in full by grant funds received ndertaken affirmativel with re ard to fair housing, employment pursuant to this Agreement, shall be u y S ams andlor in all ro and business opportunities for minorities and women. It shall, in implement g p gr 1 with all a licable Federal and Minnesota Laws, achvrttes funded by the bas�c grant amount, comp y pp statutes, rules and regulations with regard to civil rights, affumative action and equal employment opportunities and Administrative Rule issued by the COLTNTY. J. COOPERATING UNIT that does not affirmatively further fair housing within its own jurisdiction or that impedes action by COUNTY to comply with its fair housing certification shall be prohibited from receiving CDBG funding for any activities. K. COOPERATING LJNIT shall participate in the citizen participation process, as established by COLJNTY, in compliance with the requirements of the Housing and Community Development Act of 1974, as amended. L. COOPERATING LJNIT shall reimburse COLJNTY for any expenditure determined by HUD or COiJNTY to be ineligible. M. COOPERATING IJNIT shall prepare, execute, and cause to be filed a11 docurnents protecting the interests of the parties hereto or any other party of interest as may be designated by the COiJNTY. N. COOPERATING LTNIT has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and 2. A olic of enforcin a licable State and local laws against physically barring entrance to or P Y g PP exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction. CO[JNTY further specifically agrees as follows: A. COUNTY shall prepare and submit to HUD and appropriate reviewing agencies, on an annual basis, all plans, statements and program documents necessary for receipt of a basic grant amount under the Act. B. COiJN'I'Y shall provide, to the maximum extent feasible, technical assistance and coordinating services to COOPERATING iJNIT in the preparation and submission of a request for funding. C. COtJNT'Y shall provide ongoing technical assistance to COOPERATING UNIT to aid COUNTY in fulfilling its responsibility to HiTD for accomplishment of the community development program and housing goals. D. COLJNTY shall, upon official request by COOPERATING LTNIT, agree to administer local housing rehabilitation activities funded pursuant to the Agreement, provided that COUNTY shall receive Twelve percent (12%) of the allocation by COOPERATING UNIT to the activity as reimbursement for costs associated with the administration of COOPERATING LINIT activity. E. COUNTY may, at its discretion and upon official request by COOPERATING UNIT, agree to administer, for a possible fee, other activities funded pursuant to this Agreement on behalf of COOPERATING UNTT. 5 F. COLJNTY may, as necessary for clarification and coordination of program administration, develop and Re ulations HUD administrative directives, implement Administrative Rules consistent with the Act, g and admmistrative requirements of COUNTY. V. ALLOC ATION OF BAS IC GRANT AMOUNTS Basic grant amounts received by the COLJNTY under Section 106 of the Act shall be allocated as follows: A. COiJNTY shall retain Thirteen percent (13%) ofthe annual basic grant amount for the administration of the program. Included in this administrative amount is funding for annual county-wide Fair Housing activities. B. The balance of the basic grant amount shall be made available by COLJN'TY to COOPERATING LINITS in accordance with the formula stated in part C and the procedure stated in part D ofthis section utilizing data provided by HUD. The allocation is for planning purposes only and is not a guarantee of funding. C. Allocation of funding will be based upon a forrr►ula using data supplied by HCTD that bears the same ratio to the balance of the basic grant amount as the average of the ratios between: 1. The population of COOPERATING UNIT and the population of all COOPER.ATING i1NITS. 2. The extent of poverty in COOPERATING LTNIT and the extent of poverty in all COOPERATING UNITS. 3. The extent of overcrowded housing by units in COOPERATING tJNIT and the extent of overcrowded housing by units in all COOPERATING LJNITS. 4. In determining the average of the above ratios, the ratio involvingthe extent of poverty shall be counted twice. D. Funds will be made available to communities utilizing the formula specified in C of this Section in the following manner: 1. All COOPERATING UNITS with aggregate formula percentages of greater than three and one half percent (3.5%} of the total using the procedure in part C. of this section will receive funding allocations in accordance with the COUNTY formula allocations. 2. COOPERATING UNITS with aggregate formula percentages of three and one half percent (3.5%) or less of the total using the procedure in part C. of this section will have their funds consolidated into a pool for award in a manner determined by COUNTY on a competitive reyuest for proposal basis. Only the COUNTY and COOPERATING LJNITS whose funding has been pooled will be eligible to compete for these funds. E. The COUNTY shall develop these ratios based upon data to be furnished by HLJD. The COUNTY assumes no duty to gather such data independently and assumes no liability for any errors in the data furnished by HCTD. F. In the event COOPERATING UNIT does not request a funding allocation, or a portion thereof, the amount not requested shall be made available to other participating communities, in a manner determined by COiJNTY. 6 VI. METROPOLITAN CITIES Any metropolitan city executing this Agreement shall defer their entitlement status and become part of Urban Hennepin County. This agreement can be voided if the COOPERATING LJNIT is advised by HUD, prior to the completion of the re-qualification process for fiscal years 2009-2011, that it is eligible to become a metropolitan city and the COOPERATING LJNIT elects to take its entitlement status. If the agreement is not voided on the basis of the COOPERATING UNIT's eligibility as a metropolitan city prior to July 8, 2008, the COOPERATING UNIT must remain a part of the COITNTY prograrn for the entire three-year period of the COUNTY qualification. VII. OPINION OF COUNSEL The undersigned, on behalf of the Hennepin County Attorney, having reviewed this Agreement, hereby opines that the terms and provisions of the Agreement are fully authorized under State and local law and that the COOPERATING LJNIT has full legal authority to undertake or assist in undertaking essential communiTy development and housing assistance activities, specifically urban renewal and publicly-assisted housing. Assistant County Attorney VIII. HENNEPIN COUNTY EXECUTION The Hennepin County Board of Commissioners having duly approved this Agreement on May 6, 2008, and pursuant to such approval and the proper County official having signed this Agreement, the COtJNTY agrees to be bound by the provisions herein set forth. COUNTY OF HENNEPIN, STATE OF MINNESOTA By: Chair of its County Board And: Assistant/Deputy/County Administrator Attest: Deputy/Clerk of the County Board RECOMMENDED FOR APPROVAL Assistant County Administrator Public Works APPROVED AS TO FORM: Date: Assistant County Attorney Department, Housing, Community Works and Transit Date: Date: APPROVED AS TO EXECUTION: Assistant County Attorney Date: s �I IX. COOPERATING UNIT EXECUTION COOPERATING iJNIT, having signed this Agreement, and the COOPERATING UNIT'S governing body having duly approved this Agreement on �qy a`�� 2008, and pursuant to such approval and the proper city official having signed this Agreement, COOPERATING LTNIT agrees to be bound by the provisions of this Joint Cooperation Agreement, contract A080541. CITY OF BROOKLYN CENTER By: Its Mayor And: Its City Manager ATTEST: CITY MUST CHECK ONE: The City is organized pursuant to: Plan A Plan B Charter May 13, 2008 9 Work Session Agenda AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION May 27, 2008 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 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. ACTIVE DISCUSSION ITEMS May 27, 2008 1. Riverwood Neighborhood Entry Sign 2. Police Sub Station 3. Rental Strategies Report 4. Financial Commission Report on Mayor and Council Compensation Pending List for Future Work Sessions June/July 2008 1. 2009 Budget Planning Process 2. Shingle Creek Waterway Plan Update 3. Maintenance Funding for Three Rivers Park District Trails 4. 2011 Brooklyn Center Celebration Status Report 5. 2009 Council Goals Status Report 6. TIF Districts Update City Manager 7. Capital Maintenance Planning for Municipal Public Buildings 8. Franchise Fee Agreement Amendment 9. City Manager Performance Review Process 10. Adult Entertainment Establishments I Work Session Agenda Item No. 1 City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION I DATE: May 22, 2008 TO: Brooklyn Center City Council FROM: Curt Bogan� SUBJECT: Entrance Monument Signage COUNCIL ACTION REQUIRED Staff is requesting Council direction regarding the request from representatives of the Riverwood Neighborhood to have two (2) entrance monument signs installed in public ROW entering the neighborhood. BACKGROUND Typically the authority to install signs in public right of way is delegated to the City Manager and is administered through the Public Works Director/Administrative Traffic Committee. Monument sign by their very nature and intent are different than normal signs. Typically the cost of monument sign is significant and it establishes an image or brand for a neighborhood. For this reason staff is seeking Council guidance. Staff has reviewed the request from the neighborhood from the perspectives of safety, maintenance and aesthetic appeal, and finds the request acceptable. The neighbors have agreed to cover the direct costs associated with the acquisition and installation of these monument signs as welL COUNCIL POLICY ISSUES Does the Council concur with the staff recommendation to install the proposed I monument signs? Does the council wish to establish a policy/plan for the installation of neighborhood monument signs, giving staff direction for future approvals? 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 I FAX (763) 569-3494 www.cityofbrooklyncenter.org City of Brooklyn Center A Millennium Community MEMORANDUM TO: Curt Boganey, City Manager FROM: Todd Blomstrom, Director of Public Works DATE: May 22, 2008 SUBJECT: Entrance Monument for Riverwood Neighborhood Representatives from the Riverwood Neighborhood Association recently requested permission to install two neighborhood entrance monument signs along West River Road. Attached are figures identifying the proposed location of the monument signs and a figure illustrating an example of the proposed monument sign. The monuments would be located within a portion of excess City's right-of-way at 66 Avenue and within public open space adj acent to the public trail near 73 Avenue. The �eighborhood association representatives have indicated that there is strong neighborhood support for the monument installations. They have indicated that the association is collecting donations to cover the cost for purchasing the monuments, delivery and installation by Hedberg Landscape Supply Company of Plymouth, Minnesota. Neighborhood volunteers would install landscape edging and woodchips around the base of the monuments. Public Works staff has conducted a field meeting with neighborhood representatives to review the proposed locations of the monument signs. Representatives have acknowledged that the City reserves the right to remove the monuments from the right-of-way should the monuments fall into a state of disrepair or the locations are needed for future roadway improvements. The proposed installations are acceptable from a right-of-way management perspective. Public Works supports the proposal and recommends that the City Council authorize the installation. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-330� FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org t �l��. t �`�s �i� .�t y i�:� ,'J t4�. t f f �r s ��y� t• �',-„��f i t ;i r6 j A. `i r f �x�. �i"Y i'� 1 r t' w P� F ys 7 4 p a� f r f I s i�l +x� I s 1 Y t r ��9�� 1 i r r,' i a r.'� 1 r p --p��- -,...t i Y i C 1 ;P .�X�� x y 1r r 1ti 1 t k ?f��rl�� r I r T ._'\T lt .�{;•7 1 1 �l i j �..f �K c'A'. i a; ��t'� 'q ,�4' I t� Sr' f �,y r ,d r f� F i�� +°�j��`s'��$Y} •1•1�i ,tn,� *z 4 d r 7 �j� T� ��s[Kl H 1 :hl�`31Np. i p{ a S S 1 �t t �4 p �s j t.�'� "9 41�� '�i `�I u� t i I+'R ta� i f�+T' "t S�';,.� J r SN .�i� i L '1 i I Y 4 h� F Ch Y S,� �.s�"_ "-3� i l.' 1`,� 1 1 k 4 s p-, a �'yY 9•r�: ;J n y: r r t �t`;, �ti d' t �i ;-,t� i 4` f j h 4 �?�t E' `'1�7 i 1� 4 t� P.'�° f s �'4�:�,�g �'�,��"�i �y g ir jij� �'�l t j� i -�"��,Yr� k! �h� f 9 �d Y G Ir r� e.� i� ,t 4 a r:e.+\ r a; �t �i"' o y ;(r Jl t M, i i R72't�wf A�3�4, a y 1 1J�. Y 1 �r r e j d! %7 r r�1 i 4 �'+�6 �f� e�)�� t x ti j t, i �"+�i ,1 1 p. 3 ,q .i A �'�i�i. ti J t.�tiF k�is%' R y =@.W"r� a I l r t �t3 t r v y .e M' �,,Y� ,'.1^ y^ n .F .�..�d., i J 4 t ro w �N� ��W'� 1� A 1 �p •k 1� Z W I t r 'r �i�` t n. ��uanuo� i a a �a k 4, ,i f ti J w 'V .i ��a Y a 1� �n��w r �'f� y l.. 4 t w +q�. l f `�y:, k .t.'_ �t" r z�; F 3 y b k�:. 7 n- v y J ti ,Sd �y 3 ti p� �F' u f +y� .R�,' `4 s �"�R-^lIIF�' y t rr 1�; ar. �y i a"` a af �a� t e 6 'S`� X -.x a 1 w �i{ a ""�l�y iP� t 7 .N�✓ J �r. r i !I k Y k�� a r s �j ,n, 4 c� ....x. y,.. a r� y c, �'.c s a �s „„^p M h �f �--r I I' `I 0. '7� �r �/S ,vt>�,___, s'.d„s �s �r f_—_ r r Work Session Agenda Item No. 2 City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE: May 22, 2008 TO: Brooklyn Center City Council FROM: Scott Bechthold SUBJECT: Brookdale Corner Police Sub-Station COUNCIL ACTTON REQUIRED The following council item is far information only and no action is required. I will be presenting at the May 27, 2008 Council Work Session to discuss this item further. BACKGROUND In April of this year, police administration was approached by representatives of NAI Welsh and Jerry's Foods about locating a police sub-station at Brookdale Corner. The site proposed is at 5605 Xerxes Avenue North between Ritz Camera and Little Caesars Pizza. John Johannson, Senior Vice President for NAI Welsh has proposed to build at no cost to us an 1800 squa.re foot bay built to our specifications, with an annual lease rate of one dollar. Mr. Johannson would als a' o ssist wrth furnishing and signage of the space. The proposed project fits into a conceptual model that the police department has been sc I exploring due to the call load and call type for this area. Effective June 1, a full time officer from the Problem Oriented Police nit wi U 11 be servin the Brookdale commercial g area. The comrnercial officer will provide proactive uniformed patrol and serve as a resource for area merchants. The aadition of the sub-station will provide space for the commercial officer and expansion room for future initiatives. Future initiatives include: 1) public outreach times using volunteer resources, 2) assignment of police cadets to handle ancillary police functions in the commercial area, and 3) linkage of existing private and public camera surveillance in the area. The expectations set forth by Welsch are minimal. Mr. Johannson understands the limitations on staffing this police sub-station. However, he speaks on behalf of NAI Welsch and Jerry's Foods in saying that they look forward to having us as a tenant in this space. Budget Issues: Costs associated with day to day operations of using this facility are currently being researched. It is my anticipation that any associated costs will be �ominal. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www. cityo fbrooklyncenter. org Work Session Agenda Item No. 3 i MEMORANDUM COUNCIL WORK SE�SION DATE: May 23, 2008 TO: Curt Boganey, City Manager FROM: Vickie Schleuning�;��ssistant to the City Manager SUBJECT: Update on Rental Housing Improvement Strategy COUNCIL ACTION REQUIRED We are requesting Council feedback regarding this report. BACKGROUND This is an update to the progress of the Rental Housing Improvement Strategy. Similar to other cities, Brooklyn Center started to observe changes to the character of its residential neighborhoods, including the increase in single family rental properties. A growing number of concerns from residents were being reported to staff, Commissions and the City Council. Changes were being influenced by the demographics, the housing market and foreclosure trends. In response, a multi-department task team has been meeting over the past several months to research and develop strategies to address rental property issues and improve the quality of rental properties. Staff is in the process of gathering input from citizen groups and stakeholders. Council input is also critical to determine if the strategies will need to be modified or claxified. After the feedback sta.ge, the report will be finalized and brought back to the City Council for approvaL The draft of the Rental Housing Improvement Strategy, including draft action plans, has been provided to the Housing Commission and Minnesota Multi-Housing Association with preliminary discussions. Because of the large amount of information included in the Strategy, additional time was requested to review the document. The feedback has been generally positive in regards to the comprehensive approach and details of the report. Preliminary comments are summarized in Attachment 1. Please note that comments have not yet been addxessed by staff. A copy of the draft Renta.l Housing Improvement Strategy, including all action plans, is attached for your review. COUNCIL POLICY ISSUES What additional information is required for the Council to consider adoption of a rental strategies report? Do the outlined strategies adequately address the Council's goals related to rental properties? 1 City of BROOKLYN CENTER i 1 F,. t t 1 j e f �I .,�,,r� w s,'., F R 0 RENT enta ousi n m p rove m e nt St rategy Draft May 14, 2008 Contributors Rental Housing Improvement Strategy Team Curt Boganey, Administration Department Scott Bechthold, Police Department Kevin Benner, Police Department Todd Blomstrom, Public Works Department Becky Boie, Police Department Tom Bublitz, Community Development Monique Drier, Police Department Gary Eitel, Community Development Lee Gatlin, Fire Department Jim Glasoe, Community Activities, Recreation Services Dan Jerzak, Community Development Department Dan lordet, Finance Department Sharon Knutson, Administration Department Susan Myles, Police Department Scott Nadeau, Police Department Terry Olson, Police Department Deb Hanssen-Robinson, Community Development Vickie Schleuning, Administration Department Lisa Storey Police Department Nancy Wojcik, Community Development Technical Review Action Team Members Brooklvn Center Housin� Commission (L) denotes team leader Steve Landis, Chair Image Perception Kara Kuykendall Kristi Commers, Fire Department Kris Lawrence-Anderson lohn Harlow, Public Works Department (L) Joshua Xiong Susan Myles Tom Bublitz, City Staff Liaison Council Member O'Connor, Council Liaison Communitv En�a�ement Becky Boie (L) Tom Bublitz, Community Development Department Monique Drier Minnesota Multi-Housin� Association Standards Lisa Peilen, Director of Municipal Affairs Kevin Benner Sharon Knutson Terry Olson Deb Hanssen-Robinson With other input from various staff and citizens Nancy Wojcik (L) Success Measurement Lee Gatlin, Fire Department (L) Clara Hilger, Finance Department Patty Hartwig, Administration Department Scott Nadeau, Police Department Rental Housing Improvement Strategy Report Draft May 13, 2008 Similar to many cities, Brooklyn Center started to see changes to the charaefe� of its residential neighborhoods including the increase in single family rental properties. A growing numt5et��of concerns from residents were being reported to staff, commissions and the City Council. Changes v�iere bei�� influenced by demographics, the housing market and foreclosure trends. In response, a multi-departmqntal team was established to develop a strategy to address rental property issues and improve the quality�.f rental properties. In order to determine the scope of issues surrounding rentati,properties�, data was collected and analyzed to determine the status and impact of rental properties on the mmu'nity and the consumption of city resources. I Four prevailing factors were found to have a higher de�ree of�nfluence on rental property issues- public policy and legislation; communication, education and engagement; image and public perception; and standards and operations. Goals were established to add,ress these �actors, and strategies and objectives were developed to I meet these goals. Feedback from citizens, landlord associations; �nd other stakeholders was obtained to ensure a comprehensive �I approach. A summary of the goals and strategies is provided in this report. Action plans are attached which I further define the tasks required to meet the goals. I Vision: �I All Brooklyn Center citizens will enjoy a healthy, safe and beautiful living environment. Mission Statement: I i To foster a cohesive and respectful community for all by insuring that single family and multi-family rental communities are clean, safe, and attractive; valued and appreciated by owners, rental property residents and neighbors. Goal One focuses on public policy and legislation and other external forces established at county and state levels that benefit or hinder the ability of cities to address issues associated with rental properties. The city can take steps to be informed about current and proposed legislation, educate people at all levels of government and participate in actions at all levels to shape the outcome of o legislation in order to address neighborhood concerns. w ti Goal 1 We will influence local and state regulations and policy to promote quality rental ti housing. �3 O r� o Strategy 1-1 Improve foreclosure and lending practices by working with State, City, I V 4 County, and other agencies. 4 Strategy 1-2 Improve approval and denial process for participants in subsidized housing I programs to promote responsible ownership and tenancy. Strategy 1-3 Seek law change regarding location restrictions for group homes. Goal Two takes into account the importance of communicating community standards and expectations, providing education about the benefits associated with a healthy community, and engaging every community member in being an ambassador for their neighborhood. c w Goal 2 Effective communication and citizen engagement efforts will assure that all cultures and generations of rental property owners, occup��s, and neighbors embrace community N r standards, values and pride. ti 1 Strategy 2-1 Modify existing outreac�h �id engagement programs to encourage greater citizen participation in enhancing:rental properties and neighborhoods. Strategy 2-2 Review, enhance and develop �ethods for communicating community w standards and values to landlords, renters and neighbors. Strategy 2-3 Develop and impleme'nt an effective citizen reporting and work order system o which serues both internal and external purposes. v Strategy 2-4 Develop, expand and implement city-wide multicultural outreach effort, including rentai housing issues. Goal Three recognizes the role that image and public perception have on the level of commitment, care, and satisfaction residents have with their neighborhoods. The maintenance of public infrastructure, use of creative tools to facilitate positive change, and responsible city practices are instrumental in setting the expectations for the community. r 0 a Goal 3: Brooklyn Center will be recognized for it's diverse high quality rental housing in an M attractive, maintained, and well-managed city. ti Strategy 3-1 Maintain and improve public property and infrastructure in a safe, clean and 11 appealing condition. Strategy 3-2 Encourage positive and constructive media coverage of Brooklyn Center and its housing market. Strategy 3-3 Revitalize substandard rental properties through redevelopment and home improvement efforts. Strategy 3-4 Promote a variety of housing efforts to encourage mixed housing types and prevent concentration of rental properties in a neighborhood. Goal Four explores the internal operations of the city from a multi-disciplinary point of view. An in- depth analysis of ordinances, policies and procedures is conducted with emphasis on achieving the end and desired result of each action. o Goal 4: City operations, policies and regulations will support and encourage well-cared for rental �a, properties, while promoting accountability and positive actions by owners and occupants. Strategy 4-1 The City will review, revise and implement an effective and efficient rental property regulatory program. Strategy 4-2 The City of Brooklyn Center will develop comprehensive standards for property maintenance. Strategy 4-3 The City of Brooklyn Center will enhance enforcement efforts for comprehensive property maintenance standards. Attachment 1 .,�..�,��,,�y..F_ xw. ��...��.��.��n�� w��. _�_�.r_v�A�a� Initial Comments from the Minnesota Multi-Housina Association Concerns about the legality of adding to the rental license application: "As the owner of this property, I will be held personally responsible for the property". May need different wording to apply to a business corporation that owns the property. Rental properiy owners would have concerns about increased rentallicense fees to support the addition of the recommended two additional inspectors for property inspections. The definition of a rental dwelling seems very broad and appears to exclude some familial relationships such as parents, grandparents or children. Would like to further review and provide input on any proposed changes to Chapter 12-911. MMHA members would prefer an overall reduction in fees rather than rebates. The Hopkins Ordinance has a point system that MMHA worked with them on. MMHA would recommend a period longer than five days for a rental property owner to report to the City any changes in ownership sta.tus or information. It seems like this time period could be a bit longer in case of holidays. MMHA has a number of training programs such as The Accidental Landlord, f r first time ro ert owners which could be helpful in which rovides basics o y P P p training rental properiy owners. in Commission ial Comments from the Hous Imt Concerns about the deletion of 12-913. ment ddress the overall conditions of the a art o How would the ordmances a P complex versus the individual tenant/space? o Would this eliminate the tracking of Calls for Service? Would that be desirable? Is there a method to address over occupancy issues? Is the definition of "family" proposed to be changed? Will the ordinances at-large be reviewed to ensure consistency in language and standards? For example, if 12-913 is removed, ensure any other code references are removed. The Housing Commission would like an active role in this strategic process such as the Community Engagement area. The idea of dividing the City into more manageable areas is good. What is ARM? (It is the Association of Rental Managers). Section 12-911 does not seem to be substantially strengthened, except for increasing the time period for consideration of the three to twelve months for recurring instances of disorderly use of the licensed premise. 2 Action P an Goa 1- Pub ic Po icy Legis ative Intentiona y Left 6 ank (Not completed due to lowest ranking priority strategies.) Action P an Draft May 14, 2008 Goal�2- Communication, Educat�ion,��& Engagernent Effective communication and citizen engagement efforts will assure that all cult�res and generations of rental property owners, occupants, and neighbors embrace��commun�ity standa�ds, values and pride. Team Members Becky Boie Monique Drier Tom Bublitz 1 The following is a summary of the analysis of current communication engagement efforts relative to the objective of assuring "all cultures and generations of rental property owners, occupants and neighbors embrace community standards, values and pride". The following listing of evaluations is not presented in any specific priority. In the following summary format, the particular communication and/or engagement is shown by the heading and the "bullet" sentences represent the evaluation. 2. Effective communication and citizen engagement efforts will ensure that all cultures and generations of rental owners, occupants, and neighbors embrace community standards, values, and pride. 2.1. Modify existing outreach and engagement programs to encourage greater citizen participation in enhancing rental properties and neigh�iorhoods: 2.1.1 Produce a report identifying and assessing effectiveness of current communication and engagement efforts by December 31, 2007. The following is an evaluation of the current methods of communication based on the Community Engagement Team's observations: Association of Rental Managers (ARM) Low attendance at monthly ARM meetings. Relianc�.�ri staf�F�ffl.r organizational sqpport and programming. Purpose and objec#ives of ARM not clear. Single farrail�r and multi-cultural renxal owners do not participate. P:ractical and Valuable information is presented at ARM meetings. Neighborhood Watch Newsletter Do not know ifi neighborhood watch newsletter gets to rental owners/managers. Need to address issues (articles) relevant to rental community, including multi- cultural owners/tepants. Adclress issue of translation of newsletter. Joint Community_ Police:Partnership (JCPP) Overall JCPP is working effectively. •"Training" may not reach rental community as much as needed. Translation of documents is an ongoing need. New Americans Academy (NAA) Overall NAA is working effectively. Academies may not be reaching rental communities. Academies could be targeted to the rental community. Expand Academies to include rental properties. 2 Address city code issues at NAA meetings. Have code enforcement officers at NAA meetings. o(Currently 15ession taught regarding city regulations, property codes, etc. A Sessions at ESL ELL A ul E u i n enter Q d t d cat o C Q& A sessions are working effectively. This forum could be a vehicle to reach students regarding rental/tenant issues including education on tenant responsibilities/rights and city code. Address information from Police and City functions to educate New Americans: Address rental and code issues at the Q& A�sessions. Community Dialogues Overall community dialogues are effective in educating multi-cultural community. Focus has been on Liberian community. Program could be.expanded to focus on additional ethnic groups. language Line Language Line is working effectively in the police department. Service not available to rest of city departmen#s. Business Watch Business Watch has not been fully active. Additional businessesshould be included. Communication needs to be improved e-mail list created and newsletter done �n a,regular #iasis:�. Business Watch is not directly iir�ked to� rental community but could�have some relevance for,work force issues. City 1Natch Newsletter City Watch is oriented to owner occupied housing. Rental community not intent�onally exclatled but much of City Watch is not relevant to rental community. City Watch does not reach residents that do not speak/read English. Rental Licensing Program Program is divided with responsibilities between several city departments, Administration, Police, Community Development, Assessing and Public Utilities. Communication, understanding, coordination and execution of program requirements are continuing to improve between the city departments supporting the program. 3 Elements of rental ordinance provisions may be unclear and difficult to interpret. Ordinance requirements must reflect and match existing data (example is provisional license crime data). All rental owners/managers have not "bought in" to program requirements. This is both an enforcement and communication/education issue. Code Enforcement Program Overall code enforcement is effective if compliance can be achieved without court action. Code enforcement is divided between police department and community development, with other departments involWQd where initial complaints are taken. Need to improve information cqArdina�ion between all departments involved including coordination of data bases for accessing and recording property data. Tenant/owner responsibilities regarding code enforcement may sometimes be unclear as understood by tenants/owners. 2.1.2 Research options and models of�citizen education;and��engagement programs by February 1, 200$. Minneapolis neighborhood plan addresses issues within subsection of each neighborhood;area. Each plan deals sp�cifically with issues in that area, such as code issues, rentais, foreclosures, crime, etc. Each plan is written up with duties assigned to each respective City department as well as what the neighbors can do to improve their areas as well: Other cities such as Bloomington, Eagan, Cr�s�al, and St: Lo�is Paek� have similar� programs and it seems to impr.ove the comrnunity engagement standards as`well as improve the overall communica#ion b�etween the City and��the neighborhoods. It is our recom�rr�endation tl�at an adoption of a�plan similar to Minneapolis'. The community engag�ment tearr� found that the reporting methods they used were thorough and encqmpassed the elements of the community engagement activi�ies that we are seeking. We recommend modification more inclusive to include aN nec�iessary City Departments. 2.1.3 Modify or recommend changes to current citizen education and engagement programs by April 1, 2008. It is our recommendation that the City hold at least two trainings/workshop per year speci�c to rental needs to include licensing issues, inspections, crime, and other livability issues. Trainings/workshops to begin with license holders and then expand to tenant trainings/workshops. 4 City to consider providing incentives for attendance at trainings/workshops by the rental community such as license holder/property owner. These trainings can be scheduled and mailings can be done advising rental license holders of the trainings/workshops. Education will need to encompass diverse property owners. Translators may need to be used. Documents will need to be translated. Educate City workers on cultural competency issues as it relates to engaging with diverse populations. Break City into manageable areas (17 are proposed) to address issues in each neighborhood. (Attachment A) A representative from each City department aiuill �be available to address neighborhood issues at various scheduled rneetings. Each neighborhood, through the watch ��captain, w�ll,receive a separate report to clarify and find solutions to problems in each of the��l7�areas. Propose five neighborhood area meetings per year. Neigh�orhoods will be ranked according to calls for service, rental issues, code issues, foreclosure issues and neighbor concerns. New Americans Acaderaiy-organize arad�facilitate in collaboration'with property managers this model at larger apartment complexes in the City. Work with appropriate staff to develop modei for ARM organization and structure. Work with��d��ignated lead�� staff to develop model #or communication of Rental Program�a7med�at;Candlords.� Develop�plan for cooi-dinating departmental roles in code enforcement. Create �co�e �nforcernent communications for landlords and tenants. 2.1.41mplement recommended changes to program by September 1, 2008. 2.2 Review and�develop methods�or communicating communii�y standards and values to landlords, renters, and neighbors. 2.2.1 Identify and assess effectiveness of current programs by December 31, 2007. See above assessment under program headings for effectiveness of each respective program. 2.2.2 Research options and models of citizen education and engagement programs by February 1, 2008. See above assessment under program headings for effectiveness of each respective program. 5 2.2.3 Implement recommended changes for new and enhanced communications and education programs by April 1, 2008. See above assessment under program headings for effectiveness of each respective program. 2.3 Develop and implement an effective citizen reporting and work order system which serves both internal and external purposes. 2.3.1 Research available software programs and chose a system by October 1, 1007. GovQA is the program that permits many usages both internally and externally, from service requests to frequently asl�ed questions �FAQ's). It will also allow us to send newsletters and other information through this site. 2.3.2 Implement program for internal use by February 15, 2008 GovQA—will start May 1, 2008 for a soft roll out. 2.3.3 Launch program for public use by April 1, 2008 Soft roll,�o�tis 1VIa ��1 2008� y, Public is J.une 2008: Propose to add all coinmunication efforts/reports of neighborhood meeting on the website: Please riote that the evali�ations p�esented in this document represent the observations of the Community Engagement S�rategy Team members based on their assessment. While some of the evaluations may include input from city personnel involved in administering and managing the programs�communications cited, no objective "evaluation tools" or standardized measurement tools were created or used in the evaluations included here. The team members also realize that the programs/cnmmunications listed here are continually changing and evolving and that this evaluation may not capture all activities or elements contained in them. 6 Attachment A- DRAFT Neighborhood Areas Map Goal 2- Communication, Education, Engagement ��tC��-!�C)F�H�t�i� �.1�E�.� s��`�P-�',�I �rr s t P I�f �i 4 y �FI�F�� G� 4 S 3 i i r k F i r �-l� o h E 3 �t r i� I I j `E a 4 r r t k E I _'r''� z I o��.�,�� :r Y i �"Y'1 F' ��Ji I R�� a�� Vr C�E i r �Y 3 1 `��l�� 1 (V I f Z i.. q 3 f O r r' ;�l.1 c�`n'�" 4�� I ��v4, `�ti �e�•.iiOildu�:bY i a�.Y T �t. '..,�F,.: a :h L�g�nti I _�-p. j H wst�chgr�upr� str�ets M InEerstale Slaie H�hway' Ca�r�E� Raas! N [.il,}.• r.►j' oity R�d ��E��i �'�1�' Neight�r�iacr�s ��'r�'�� hPaf�r i Action Plan Draft May 14, 2008 Goal 3- image Public Perception Brooklyn Center will be recognized for it's diverse high quality rental housing in an attractive,maintained, and well-managed city. Ima�e Public Perce�ation Action Team John Harlow Kristi Commers Susan Myles The following �ndings and recommendations are a summary and analysis of research, interviews and statistics collected by the Image and Perception Strategy Team; their assessment ofthe strategies: "maintain and improve public property and infrastructure in a safe, clean and appealing condition" and "encourage positive and constructive media coverage of Brooklyn Center and its housing market". Maintain and improve public property and infrastructure in a safe, clean and appealing condition. Finding: Public areas of high visibifity where image concerns v�rere noted are identified in two categories, aesthetics and law enforcement. The areas comprise lands, buildings and infrastructure owned by the City of Brooklyn Center as we11 as other� public entities e.g. Hennepin County, Minnesota Department of Transportation, Metropolitan Council and School Districts. Aesthetic concerns include: mowing/landscape maintenance, trash/litter, painting/repair, graffiti/vandalism, lighting, trails/sidewalks. Law Enforcement concerns include: police calls for service/erime statistics, code enforcement violations and established Neighborhood Watch groups. These areas of focus are depicted on map attachment #1. Recommendation: Aesthetics research and interviews with pub infrastructure stakeholders identified that all city areas buildings, transit hub�and school district properties were maintained athigla�levels o.f service; weekly rr%aintenance. A medium level of maintenance was provide�d;at park and ��ride/bus stops lo�cations; random or bi-weekly and the lowest level of service on property and rights- of- way owned by Hennepin County,and Minnesota Department of Transportation; bi-annual. To bring the medium gr�up�to,�:�igtaer level; city`staff can cQmmunicate our goals and the need to provide better maintenance with each entity's management staff, if no improvement is �achi,eved, formal channels with elected officials may need to be�pursued. With regard to entities with the IowestJevel of service, they state they are providing the best service level their staffing and budget allows; the city has been proactive in these areas by supplementing maintenance in the form of mowing and trash pickup. However, if a need to further increase maintenance is required, the city could formally request a partnership or��monetary consideration from the other government entities, but if denied, may take on the additional maintenance and expense by using city staff overtime, increasing use of private contractors or expanding the contractual use of Sentence to Service crews. Currently, a city general fund budget line item exists in the amount of $40,000 for these types of activities. Depending on the expansion of city maintained areas, in conjunction with the need to provide additional service to areas owned by other government entities, an increase of this budget item could easily reach or exceed $10,000. A final aesthetic image issue became evident in reviewing team research information, that being the image and condition of the hub of city government, namely city hall and its grounds. To set an example for other property owners, both public and private, the 1 city hall complex should convey a high quality image. To achieve this end, several areas for improvement were identified: creating a more formal entrance with a canopy vestibule and accessories, refurbishment of the pond/pergola area, re-establishing the formal gardens and general upgrade and replacement of aged plantings and trees. The aforementioned improvements could be accomplished through a joint effort of staff employees/equipment, in conjunction with contractors and the services of a gardener. If fully implemented the cost would be approximately $50,000. Identify areas city-wide with highest and lowest livability quotient Finding: To define "livability quotient", criterion were esfablishedfor comparison of one area of the� city with another. The criteria used in this�examination iriclude: security (e.g. police patrols/surveillance, graffiti/vandalism, noise, traffic), infrastructure/hardscape (e.g. streets, lighting, sidewalks, signage, landscape design), active neighborhood watch group, recreational facilities (e.g. parks, trails), housing stock (e.g. single family, apartment, multi-family, rental), natural attributesti�e:g. lakes, creeks,�por�ds, open spaces), condition of public�'buildings and land: Tiiese criteria were used��as a basis for questions in a random resident su'rvey and overlaid with additional statistics on police crime data, code enforcement violations; housing stock and public works maintenance requests; an evaluation of all data�formed a general profle�hat could be numerically applied to sectors'of the,community. The sectors vvere selected from established geographic areas used for recording statistical data collected by multiple city departments. For��mapping �urposes, five geographic sectors have been designated: Northea,st, Southeas� Southwest and Central. The characteristics of the propertieswithin the`°sectors fall into two general types; sectors Northeast, Southeast, Noithwest and:Southwest�are predorninately �residential, while the Central sector is comprised of mostly commercial and industrial properties. Using the pro�le data and se�tor designations, a numerical "livability quotient" rating (1 high to 5 low) was assigned=to the sectors,by the team'. See "livability map" Attachment #2. Recommendation:"�� The sector "livability quotient" rating is the view of the team, numerically averaging information frorn the�random resident survey, along with documented statistical data. The "livability quotient" should be considered a general overview and not a substitute for a more scientific study. 2 Establish a multi-department Pre-Design Team to incorporate environmental design initiatives into development and redevelopment projects Finding: The team conducted research and interviews with department staff presently involved in review of development project design. Currently, Brooklyn Center has a design review process that is thorough, works effectively and is similar to the processes used in other communities. The present system incorporates input from Community Development, Public Works and Administration departments, reviewing established codes, ordinances, engineering and environmental specifications; which research has found to be based on sound principals. Recommendation: To expand on the current system and further address environmental design, the addition of a pre-design review team prior to the current review process may be beneficial. The pre-design team would include the current department.representatives with the addition of representatives from Fire;;Police� and Finance. The��w pre-design team would meet and review the;initial proposal�when submitted by the developer; in order to assess the proposal and provide the developer with specific direction to proactively lead the development in a desired direction, as opposed to reacting to their plan. To make the pre-design team efficient and, effective,,tkle team should be comprised ofspecific��department representatives be as srriall in number as possible and have each ;representatiue focused on their specif'ic area of expertise. Establish systeri� anc! process�#o�routinely collect and� share positive news and communications through employees, citizen groups and community stakeholders Finding: At this tir�e the city has no formal�'process for the collection of positive news within the organization. Presently, news collected emanates by word of mouth from various departments.at,the department head level. The news collected is then disseminated and released via the city Public Information Officer (PIO) to media organizations e.g. newspaper, television and intra-city publications. Recommendation: Establishment of a formal process to collect and share positive news would be beneficial in proactively promoting the image of the city. tnstituting this process will require a staff designee to coordinate a network of collaborative sources to provide positive information. The frequency or schedule for collection of information will have to be determined relative to need or through trial and error; for efficiency, the possible collection frequency could be on a monthly or quarterly basis to coincide with prior scheduled staff/collaborator meetings. The selection of collaborators from whom positive news can be collected is diverse, the collaborator network could include: city 3 staff, Chamber of Commerce, Rotary Club, Lion's Club, Brooklyn Center Business Association, faith community, ethnic organizations, other public entities e.g. county, state, Met Council. Research has indicated several significant points to consider in establishing this positive news collection process. First, contacts with some of the aforementioned organizations already exist, with city staff in the ranks of inembership. Secondly, to promote the free sharing of information between collaborators and the city, it may be beneficial to make the exchange of information a"two-wa�' process. Opportunities may arise, or can be developed, for city staff personnel that are current members of organizations to make brief presentations of city activities and developments at the organizations meetings, enhancing the development of a"two- way" news sharing process. Once the news gathering�process has been established, a staff designee will need to be assigned to present the positive news to the appropriate media outlet. Provide media and communication training for management Finding: At present, formal media and communication training has been conducted for a limited number of city management staff. StafF currently trained includes: Public lnformation Officers (PIO) in Administration (Assistant to the City:Manager) and Police Department (Commander of Investigation), plus several other upper level Police Department staff. The police department has the ability to contract a professional media consultant to review materi�l for rel�eas� and coach��the Pl0 prior to presentation of material to the media. Recommendation: Designate a staff media and'communication coordinator to oversee the development and direction of managerrient training; possible staff choices include the Human >.Resources Director or Administration Public Information Officer. Following the ��designation of a sfaff coor�`ir�ator, review the number of management staff that may be candidates for training: Subsequently, upon determining the appropriate staff requiring training,;establish the�level of training suitable for the staff position, the coordinator may then choose training materials and instructors. There may be barriers to consider in the administration of the media training process, the barriers being, the availability of either or both�`sta�f time and funding. Possible solutions to these barriers could be hiring a media consultant�to��perform the training and making an adjustment to the budget to fund the activity. The approximate cost of consultant services can run from $100 to $1000 per hour, depending on the scope of training and the qualifications of the trainer. i 4 Provide general communication training for positive and effective communications for employees throughout the organization Finding: Currently, the city does not have a formal program to provide communication training for line employees. It is likely however, some employees may have attended a condensed communication training session through departmental functions or while participating at a seminar or schooL Recommendation: A process for training line employees in effective communications can be addressed in a format similar to management training. The staff corairnunication coordinator designated in the management training process can oversee the coordination, schedule and selection of material for line employee training, and,�d�etermine the�capability of the city to conduct the training in house or using a consultant. Research indicates the need for line employee training that gives the staff the tools to communicate on an effective day to day basis. The type of training session;most beneficial�for all employees should be "customer service".oriented, secondly, a�session in "verbal j�d4", focusing on dealing with argumentative`�or�emotionally charg�cl,customers would benefit a number of employees; thdse whose jobs may involve encounters in contentioussituations. Line employee training could be achieved by,bringing a trainer in house, using shared resources with other city Human Resource departments,�oi� through hiring a conswltant. The cost to imple�ent the, employee program��can"range from $25 per employee in a large in �house group sessior�, to several��thousand dollars to bring in a full service consultant. EstabUsh rneans of�communicating� internal messages throughout the organization from the City Manager's office Finding: The present process of communicating internal messages throughout the city from the City Manager's office consists of a variety of inethods: the most official and consistent method currently established is the printed edition of "BC Briefs employee newsletter, another is the Employee Action Committee (EAC) meeting minutes, other sources less formal and not as widely received by the entire organization are; Sun newspaper, i department head staff meetings, "City Watch" newsletter, on to random word of mouth. Recommendation: Interviews and research have indicated that employees would benefit from receiving a consistent unified message, available to everyone throughout all city departments. The preferred method for employees to receive communications and messages from the City Manager's office is from the City Manager in person. As principal administrator of all city staff, a briefing directly from the manager holds the highest level of credibility. 5 The frequency of these suggested briefings could be scheduled either on an annual or semi-annual basis, if possible in conjunction with other city wide functions or gatherings. To communicate in this method will present several challenges: scheduling how to get the message to all employees may require multiple briefings at different times of day to accommodate day and evening shifts, logistics where to hold the briefings at different times of day, and finally, coordinating the manager's schedule with the aforementioned challenges. Another possible method for the manager to communicate, or to augment a manager's briefing, could be an enhanced version of the "BC Briefs" with an informational article from the City Manager, included with employee paychecks. 6 I'� 4 't d i 1 1 d �1 r .,3 4 d k .a �Nti';_ ._a.. i. 5 I t a �■sa�..s. t ri� 4� r k� 8� �f e �,a x L� f �x e.. F t t 9 -�h�.-� �a �l. i �.�k:.,tr: a 4� z :rt s '��I. R i• s a: �n� u: fl �i x. h �i a s I r ��i A i i 1 r ^t. 'f '4 Y 1 YF wy� r+ e r 11 I i ��t ��x.�w i l i.—_.y.�- w 'r �t r� J`' �i�� a �j'�' q ,5, ,.,"L.1�� i °4 t x� i 1� �..r� [n k s.°�� r..4., r.�� .�zl�� ti .:��+a. �.2p r ....xa. a�y� �i.�.. i FM� q i pr �..s�� a� a m t: r E, �-�.m ,�f� r ��i�� F .f a s ;C 41 r a� 3 ..P� ...,�n., t G��" J r f I �o�us 1 F �E t� ��l p �J q�, 3 4�'� a t t.' 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Is ��as. �:A 3�. _.m.�.�� .�._.�T"{ t� f .+mn, Goal 3- IMAGE AND PUBUC PERCEPTION Action Plan- Draft May 14, 2008 Brooklyn Center will be recognized for its' diverse high quality rental housing in an attractive, maintained, and well-managed city. 3.1 Maintain and improve public property and infrastructure in a safe, clean and appealing condition. 3.1.1 Develop a city-wide plan to prioritize areas that would bene�t from the environmental design initiatives (such as CPTED) and incorporate this plan into the Capital Improvement Plan by September i, 2008 Resources Steps Reauired Barriers Collaborators Standards imalementation/Date •Identify public property •Community Development •Funding •City City will set aesthetic and safety •Define areas for improvement locations Code Enforcement •Cooperation of other •County— standards for public buildings, parks, •Select improvement type •Identify Owners •Police Department government owners �State high traffic corridors, greenways, nodes, •Identify who will implement •Identify improvement type Calls for Service •Lack of Staff •Met Council/Transit &'neighborhood entrances. improvement staff, volunieers, AES or LE Crime Prevention •School Districts •Mowing/trimming contrector, STS, Tree Trust, gardener, i •Map locations •Public Works •Government 0fficials •Trash intem, Community groups •Prioritize areas of focus Maintenance Requests •City Comrriissions •Piantings •Estimate improvement cost •Improve City Hall •CARS •Neighborhood Associations •Repair/Paint •Determine funding source/city budget, Buildings and Grounds •Business Owners •Graffiti granYs, donations •Assessing •Bus Bench Permitees •Lighting •Prepare budget recommendation •EDA •Adopt-A Program •Hardscape •Neighborhood Watch •Trails/sidewa�ks i Captains •Vandalism •Review documented statistics •PD Crime statistics calls •Existing codes •Police Department Set rating criteria: •Define livability quotient criteria •Conduct random resident for service ordinances •Public Works •Lighting •Review criteria/standards, statistics survey •CD Code enforcement stats •Staffing PD, CD, PW •Community Development •Sidewalks/trails-ped access, streets requests, resident survey •Establish rating criteria •PW Maint: Calis for service •Documentation •Administration •Security cameras/ •Map/overlay assembled statistics •Identify areas with highest •Gov Q&A •IT surveillance/attendants/guards •Rate map areas Iowest Iivability quotient. •Info now/ email requests for •Assessing •Greffiti/vandalism incidents •Rate livability •rate areas (1 high) to (5 low) service •Residents •Neighborhood Watch groups •Assessing •Ha d a e natural surveillance, •Housing stock type (single P family, multi-family, rental, visibility apartments) •PD calis •Natural attributes —water/lakes, ponds, creeks, natural areas. •Housing, apts, rentals, single family, I multi-family. •Recreational facilities parks, trails Page 1 of 3 I 3.1.2 Establish a multi-department Pre-Design Team to incorporate environmental design Initiatives into development and redevelopment projects by October 8, 2007 Resources Ste�s Reauired 6arriers Collaborators Standards Imnlementation •Review current system •Community Development None anticipated •City Commissions •Review codes, ordinances zoning •Pick Team Representatives •Select Staff Participants •PW Engineering •Consultants •Review engineering specs •Schedule meetings as required •form Team •PW Maintenance •Community Development environmental standards •Review designs per established •Review Designs •PD Crime Prevention Officer •Public Works Eng. Maint. •CPTED standards nd Desi ns •CARS •PD Crime Prevention Officer •Is design maintainable sustainable •Make recommendations •Recomme g •Fire •CARS •Administration I •Finance I 3.2 Encourage positive and construdive media coverage of Brooklyn Center and its housing market 3.2.1 Establish system and process to routinely collect and share positive news and communications through employees, citizen groups and community stakeholders. Resources Steus Reauired Barriers Collaboretors Standards Imolementatfon •Form a city communications/ Members from all city depts. •Lack of positive •City Compile material representing BC in a •Staff designee contacts and collects media committee or select a •Administration material •Chamber of Commerce nositive manner. material from collaborative sources. staff designee •EBHC •Cooperation of •Rotary •Staff compiles positive information. I •Select committee chair or •Community Development collaborators •Lions •Disseminate info to media, citizen staff representative •Engineering •Ethnic organizations/groups groups, organizations and employees as •Schedule meetin fre uen •Public Works •School districts appropriate. B 9 �Y •Collect positive news from •CARS •METC collaboretors •Police •County •Designated staff presents •Fire •BC Business Associations news to media •EAC •Faith Community I i Page 2 of 3 I i 3.2Z Provide media and communication training for management. Resources Steus Reauired Barriers Collaboretors Standards Implementation •Determine mgmt. staff •Dept. Heads/Supervisors •Funding •HR Select training appropriate to staff level. •Designate staff media training requiring training •Public Information •Time •League of MN Cities coordinator (PIO or HR) •Seled appropriate Officer/Admin •Class availability •State of MN •Determine staff availabiliy classes/materials •Public Safety •staff time •Media Consultants •Select training material and participants •Schedule treining •Schedule classes 3.2.3 Provide general communication training for positive and effective communications for employees throughout the organization. Resources Steos Reaufred earriers Collaboretors Standards Imolementation •Determine employees Human Resources •Scheduling •HR General communication training for •Select staff coordinator from HR requiring training •Funding •Consultants effective day to day use. Designate employees to be trained •Select classes and material ''+Other cities •HR selects appropriate training •HR schedules general sessions for •Schedule training departments 3.2.4 Establish means of communicating internal messages throughout the organization from the City Manager's o�ce. Resources Steas Reauired Barriers Collaborators Standards Im�lementation •Identify current methods •City Mgr/Admin Designee Staff time •Administration Dept. •Consistent, unified message •Designate staff communication lead I I •Research additionai needs or •Email/Intranet '•IT •Easily accessible/available to all city •Select most efficient method(s) I modifications •Voicemail System •EAC employees •Determine frequency of communication •Recommend most effective •EAC •HR •Communkate information methods •"Briefs" overhauled •Departmental representation Page 3 of 3 Action P a n Draft May 14, 2008 Goa 4- Standards Operations City operations, policies and regulations will support and encourage well-cared for while romotin rental properties, p g accountability and positive actions by owners and occupants. Team Members Nancy Wojcik Kevin Benner Sharon Knutson Terry Olson Deb Hanssen-Robinson Goal 4- Standards Operations Action Plan- Draft May 14, 2008 City operations, policies and regulations will support and encourage well-cared for rental properties, while promoting accountability and positive actions by owners and occupants. 4.1 The City will review, revise and implement an effective and efficient rentai property regulatory program. 4.1.1 Review and assess current program operations, key players and ordinance. 4.1.2 Redesigq policies and procedures forkffectiveness an efficiencies. 4.1.3 Implement Changes to the program. I� Recommendation Resources Reauired [ollaborators Barriers Standards Implementation Date I A new definition of rental dwelli�g or City Attorney and a staff person to City Attorney, City Clerk, City Ordinance Change. Council City will require rental I dwelling unit as follows; A dwellin� or review use of definition in all city Council, Housing Commission Approval. Must adhere to lice�se for relative occupied dwelline unit let for occuoancv or ordinance/policies. terminology used throughout properties. The relative occu�ied bv someone other than the all city ordinances. homestead is a financiai owner of record reeardless of familiai benefit to the owners relationshin or whether rent or other property taxes. If the I comaensations is naid. property has a relative HS the renter is not allowed to get a property tax refund that a normal renter would. Assessing has no way to verify "related" party status. I I Rewrite/Revise Chapter 12-911 City Attorney City Attorney, City Clerk, City Ordinance Change requires Remove provisional license I Reference Attached Chapter 12 with Manager, Department Heads, council approvaL status, Add the firearm recommendations City Council, Community component to cover all I Development and Police dangerous weapons. Update wording in relation to all proposed recommendations. 1 4.1 The City will review, revise and implement an effective and e�cient rental property regulatory program. 4.1:1 ReView and assess current program operations, key players and ordinance. 4.1.2 Redesign policies and procedures for effectiveness an efficiencies. 4.1.3 Implement Changes to the program. Recommendation Resources Reouired Collaborators earriers Standards Imnlementation Date Remove Chapter 12-913 City Attorney City Attorney, City Clerk, City Ordinance Change requires Remove Chapter 12-913 and Manager, Department Heads, council approvai. Correct all revise areas of Chapter 12- City Council, Housing city documentation 911. Reference entire Commission Community referencing Chapter 12-913 Chapter 12 revisions I Development, and Police attached. Rental License change from biennial to City Attorney City Attorney, City Clerk, City Ordinance Change requires New applications will be annual license. Manager, Department Heads, council approval. received throughout the City Council, Community Department heads for re- year, renewals will follow a Development and Police organization of workflow. geographic quartile of the city. This will allow three months for renewals in a geographic area to be completed. Recommendation to map out all rental properties into four sections of equal I parcels. The change from I biennial to annual would require license fee review. Require the inspection of property upon Review other cities, Legal opinion of City Council, City Attorney, Requires legal notification of Randomly selected and new application and renewal for rental request, Legal notification of tenants Housing Commission, and city all tenants, Adequate number specific amount of units licensing per the followin�: 4 Units or less staff of building inspectors to should allow an accurete all units insoected. Complexes with 5 complete. assessment of buildings or_more units, a random sampling of 25% code issues. if so many of the total housing units, but not less units non-passing, require than a minimum of 3 units inspected. next inspection the to increase from 25%to 50% inspected. 2 i 4.1 The City wili review, revise and implement an effedive and efficient rentai properry regulatory program. 4.1.1 Review and assess current program operations, key players and ordinance. 4.1.2 Redesign policies and procedures for effectiveness an efficiencies. 4.1.3 implement Changes to the program. Recommendation Resources Reouired Collaborators Barriers Standards Imnlementation Date Discontinue Section 8 inspections, no Section 8 Administretion, City Manager, City Council, Reduction in Dept. income, Focus inspection staff on longer financially feasible for the city. Community Development Section 8, Housing Staffing issues, actual cost vs existing issues with There are staffing needs for the current Commission, and Community reimbursement violations, application and city rental inspections and we are finding Development renewal inspections. Al�ow i that Section 8 has been sending out Section 8 to do their own I other inspectors. inspections. Rental Complaint Trecking System Computer Module PIMS, Gov Q& Community Development, Organization of all Depts A trecking system to log A, or other system. Bldg Inspections, Code trecking/reading the same complaints and verify Enforcement, City Clerk, City Computer System. documented resolution to Attorney, Police, Assessing, rental complaints within 60 Utility Billing, Pubiic Works days from the initial complaint. Develop policy to require the applicant City Attorney, City Council, Housi�g City Clerk, Building Inspection, Denial must be go through The owner is responsible for to complete the application process Commission, City Manager and City Finance(grass/tree invoices), council, then proceed to completing the appiication within 90 days of receipt of application. Staff, Hennepin County IT Assessing (Special Asmts formal complaint. process of a rental license in Failure to do so terminates the Connection, PDS, UB system. Taxes) and Utility Billing. a timely process. The application process and results in appiication process is to criminal prosecution. include all rental inspections, property code compliance, proof of ownership, payment of i outstanding utility bills, I weed/tree invoices, property abatement procedures and be current on property taxes. 3 4.1 The City will review, revise and implement an effective and efficient renta! property regulatory program. 4.1.1 Review and assess current program operations,'key players and'ordinance. 4.1.2 Redesign policies and procedures for effectiveness an efficiencies. 4.1.3 Impiement Changes to the program. Recommendation Resources Reauired Coilaborators Barriers Standards Implementation Date The Rental Inspection process should City Attomey, City Council, Housing City Cierk, City Attorney, Code Coordination of all To verify that rental include ali housing and property code Commission, City Manager and City Enforcement, Building inspections through the rental properties are compliant in compliance. Staff. inspection, Owner and inspection licensing-process. all areas, to include buiiding Occupants if any. code, housing and code compliance, priorto license approval or renewal. I 4 4.1 The City will review, revise and implement an effective and efficient rental property regulatory program. 4.1.1 Review and assess curreot program operations, key players and ordinance. 4.1.2 Redesign policies and procedures for effectiveness an efficiencies. 4.1.3 Implement Ghanges to the program. Recommendation Resources Reauired Collaborators Barriers Standards Imnlementation Date To design a form to be completed during City Attomey, City Council, Housing City Clerk, City Attorney, Code Duplicate form to owner? Form to be completed on the rental Inspection process, that has Commission, City Manager and City Enforcement, Building More than one responsible every inspection to include informative details on the property and Staff. Inspection, Owner and party, who signs? date, time, inspector name, occupants on the initial inspection with Occupants if any. current owner, current the owner/manager. manager, occupants name(s), date occupancy began, condition of property interior, exterior, code issues, approved, denied, no- show, rescheduled, dates and signatures, etc. This information will be used if the property ends up in formal complaint, thus reducing staff time to revisit the property to acquire the needed details. Review Licensing Fees. Review adjacent other City Council, City Attorney, License Fees were recently Rental license fees to be Reference 43 "Rebate lncentives" communities, Review current City Staff Changed, Current minimum reviewed due to annual vs. methodology of $450 would not address biennial and to determined rebate incentive. Feel the cost on a per unit basis to sizes of Complex/buildings vs. defray city service costs. IE: fee is inequitable, Licensing larger complex, larger fee. from biennial to annual would Review the fee basis on the require fee review. number of housing units involved. 5 4.1 The City will review, revise and implement an effective and efficient rental property regulatory program. 4.1.1 Review and assess current program operations, key players and ordinance. 4.1.2 Redesign policies and procedures for effectiveness an efficiencies. 4.1.3 Implement Changes to the program. Recommendation Resources Reauired Collaborators Barriers Standards Imalementation Date Application change to match city Review other cities, Legal opinion of City Attorney, City Staff Notification to all To keep all city records of ordinance: Notification of a change in request departments of changes, and ownership, license and owner/agent name or mailing address legal documentation provided utility biliing current for city within 5 days of the change. Add this to in owner or name changes. correspondence and special the bottom of the rental appiication and Verification by multiple assessments. reference 12-908. departments. Additionai line added to rental Building/Housing Code for Property City Staff, State licensi�g Changing Current Application, To keep all rental properties application to require stated property intended Use, Rental Applications guidelines, Hennepin County, review of code/bedroom that have a specific use use, number of occupants and occupant from other cities On-Site Manager. Assessing requirements for each use. other than residential rental type IE: Group Homes, Elderly Care, to review 501C3 status for Owners responsibility in of one family, code Foster Care, etc. State licensing has exemption. May require the answering rental application compliant for the particular building code requirements for contact information for an On- information. Verification of use and occupancy number. basement use dependent on property Site Manager for emergency actual occupants at time of Ability to have accurate useand occupant type. purposes. application, accurecy when occupant information for I I property changes use. the safety of the tenants and ciry employees. Different uses can have different occupancy code that applies. Additional line added to acquire email Changing Current Application, City Clerk Responsible party to check To establish communication I addresses and add line referencing ciry Q Review rental concems on Q& A rental concems on Q& A methods with renters and A website. owners of rental property. 6 4.1 The City will review, revise and impiement an effective and efficient rental property regulatory program. 4.11 Review and assess current progrem operations, key players and ordinance. q.1,2 Redesign po�icies and procedures for effectiveness'an efficiencies 4.1.3 'Implement Changes to the program. Recommendation Resources Reauired Coilaborators Barriers Standards Imqlemeotation Date Required 2 hour treining session for aIi Research other training programs City Attorney, City Staff, City Out of state owners, rely on To require a 2 hour training owner/Agent for rental licensing available. Council the agent to attend. Agent session for application I approval. Split training into 4 units or may not take responsibility approval, requiring the less and 5 or more units to for issues addressed at owner/agent to be updated I accommodate complex size issues for meeting. Responsible on alt property rental properties. Promote Crime Free department for staffing maintenance, building code Multi-Housing program to the larger training sessions. and tenant issues. complexes. Require application to have an item City Attorney, City Clerk City Attorney, City Staff Reprinting applications, Is this Require the owner/agent to added to the bottom that requires the legally binding? be aware of their owner to sign and date the statement responsibility of the "As the owner of this property, I will be property whether tenant held personal�y responsible for the occupied or not. property". Staffing request for a minimum of 2 City Manager, Community City Councii, City Manager, Budget doilars to To meet and exceed additional inspections staff for property Development, City Cou�cil, Budget, Dept. Head, Finance accommodate request expectations of timely inspections. HR inspections during all sta�es of rental oro ert insoections inciuding, new construction, compliance issues and code violations. I Integration of city computer modules on City Manager, City Council, City IT, City Manager, City Council, Separation of Computer To meet and exceed city property for access by ali city staff. LOGIS City IT, LOGIS Software by Department/Use, expectations of sharing lack of integration between communication between modules. departmenu and accurate tracking of all comments, I notes, etc. on rental i, properties between �I I 7 j i 4.2 The City of Brooklyn Center will develop comprehensive standards for property maintenance. 4.2.1 Identify current and future needs, incorporating mechanisms for publicinput. q;Z,2 Conduct a compariso» of common code Issues with other cities. 4.2.3` Review and assess current program operations, key piayers and ordinances. Recommendation Resources Reauired Collaborators Barriers Standards Implementation Date Rental Standards checklist Property Review other city sampies: Fargo Rental Inspection, Code When to be given; application, Create checklist of required Owner Quick List Violations, City of Anoka Enforcement, Bldg Official inspection, always, etc. items that will be reviewed Pro Active Prop. Maint., City of Inspectors, City Web Site Q& A Specific vs. Random on inspection. Duluth Pre Checklist. Web Inspections on reapplication, Capability, Cost to Create a Responsible Party. Brochure, IPMC Deficiency Point SysYem. Rental Standards checklist Tenant Review other city samples: City of St. Rental Inspection, Code When to be given; Create a list of items that Louis Park, Web Availability, Cost to Enforcement, Bldg Officiai application, inspection, are reasonable expectations create, print, point of distribution I�spectors, City Web Site Q& A aiways, etc., Specific vs. of an owner, and Random inspections, Who is responsibilities as a tenant, the responsible party in maintaining the property. Adopt a Property Maintenance Review other Jurisdictions: Crystal Code Enforcement, Rental Staffing, Enforcement, Legal Revise/Update current Ordinance Housing Code Adopted New Prop Maint. Code, Standards, City Council, Steering Ramifications property maintenance Reuiew Chapter 12, Review Current Committee, Building Officiat, ordinances, Staff training Housing Code, IPMC Code Housiog Inspection and City licensing, Address number I Attorney of staff I 8 43 The City of Brooklyn Center will enhance enforcement efforts for comprehensive property maintenance standards. 4.3.1 Identify needs and gaps in corrective tools and enforcement methods. Pursue an administrative enforcement program, and pursue greater au#hority for city-facilitated abatements for'certain nulsances. 4.3.2 Establish Program Priorities 4.3.3 Develop a plan. 4.3A lmplement recommendation and modificatlon. Recommendation Resources Reauired [ollaborators Barriers Standards Imnlementation Date Administrative Fines City Ordinance, City Attorney City Attorney, City Council and Ordinance Chg City Council To have the ability to use I City Staff administrative fines rather i than proceedingthrough I the court system. Rental Hearing Board Appointed Board, Review other City Attorney, City Council and Appointments to Board, To allow a fair and equitable I jurisdictions, Review Dangerous City Staff Terms of Appointments, solution to Rental Code I Dog model, Council Approval, Authority of Board. Compliance Ordinance Change Mitigation of property. Issues/Violations. To I� proceed with corrections in a timely manner. Removal of Provisional License Review of otherjurisdictions, City Attorney City Council and Current Ordinance, To not allow rental property Status. Review statute regarding Ciry Staff Provisional Process, would to continue in a non- displacement in unlicensed require administrative compliant state. I property fines/fees or continuation to Formal Complaint Add the firearm component to City Attorney, Review of City Attorney, City Council and City Ordinance To cover all dangerous Chapter 12-911 ordinance to cover Ordinance, other jurisdictions City Staff weapons in Chapter 12, that ALL DANGEROUS WEAPONS. were not addressed in the current version. 9 4.3 The City of Brookiyn Center will enhance enforcement efforts for wmprehensive property maintenance standards. �ement ro ram, and pursue greater authority for city-facilitated for forcement methods. Pursue an administrative en p B 4.3.1 Identify needs and gaps m correctrve tools and en ebatements for certain nuisances. 4.3.2 Establish Program Priorities 4.3.3 Develop a plan. 4.3A Implement recommendation and modification. Standards Imulementation Date Resources Reauired Collaborators Barriers Recommendation 6/1/2008 Request a listing of all Section 8 MHFA Community Development, Ability to get the list, Section If Section 8 takes back their properties in Brooklyn Center Rental Licensing 8 is already inspected some inspections, this wiil allow properties on their own that us to verify rental licenses annually. did not pass the city on ali properties. inspection process. Rental License renewal fees shall City Attorney, City Ordinance, City Attorney, City Council and Collection of the fees, city The current process notifies Ci Staff ordinance changes or rental property owners double 30 days after rental license otherjurisdictions ty administrative �nes. within 60 days of the renewal date. renewal date. This change would allow the property owner 90 days to complete the process before penalty. Propose retunds or rebates as City Attorney, City Ordinance, City Attorney, City Council, Ordinance change, Ability to To aliow existing rentals incentives for timely re-application Finance City Staff, Ordinance cut refunds/rebates, financial that meet or exceed reporting expectations of rental and training courses for renewals of property management to "successful" rental properties. receive a refund for "good service" I I 10 Group 4- Standards Operations Dr�aft May 14, 2008 It is recommended that some areas of Chapter 12 of the Brooklyn Center City Code be reviewed and amended. Some sections have been highlighted with recommendations. Other areas of Chapter 12 may need further review. Underlined (xxx) areas are added. Strikeouts indicate deletions. CHAPTER 12 BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE Section 12-101. PURPOSE. The purpose of this Ordinance is to protect the public health, safety, and the general welfare of the people of the City. These general objectives include, among others, the following: l. To protect the character and stability of a11 buildings and�property,�ithin the City. 2. To correct and prevent conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well-being of persons occupyirig buildings within Brooklyn Center. 3. To provide minimum standards for cooking, heating, and sanitary equipment necessary to the healtli and safety of occupants of buildings. 4. To� �rovide minimum standards for light and ventilation, necessary to health and safety.� 5. To prevent the overcrowding of dwellings by providing minimum space standards �er occupant for each dwelling unit. 6. To provide minirnum standards for the maintenance of existing buildings, and to thus prevent'slums and�blight. 7. To preserve the value of land and buildings throughout the City. With respect to rental disputes, and except as otherwise specifically provided by the terms of this Ordinance, it is not the intention of the City Council to intrude upon the fair and accepted contractual relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of ei�her party, rior to act as an arbiter, nor to be receptive to complaints from tenant or landlord which axe not specifically and clearly relevant to the provisions of this Ordinance. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. Neither in enacting this Ordinance is it the intention of the City Council to interfere or permit interference with legal rights to personal privacy. [1] Section 12-102. APPLICABILITY OF ORDINANCE. Every building, as well as its premises, and all occupied premises within Brooklyn Center shall conform to the requirements of this Ordinance, irrespective of when such building may have been constructed, altered, or repa.ired. Section 12-201. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this Ordinance: 1. A�proved acceptable to the jurisdiction having authority and meeting all applicable codes. �2. Accessorv structure a structure subordinat� to �e main or principal building which is not used nor authorized to be used for living or s�leeping by human occupants and which is located on or partially on the premises. 3. Buildin� any structure used or `intended for supporting or sheltering any use or occupancy. 4. Compliance Official'�= #he� City Manager a�d his designated agents authorized to administer and enforce this Ordinance. 5. Dwellin�,-��_a,�building, or` portion thereof, designe,d, or used predominantly for residential occupancy of a continued nature; inc�uding one-family dwellings, two- family dw�llings, at3c� multiple family dwellings; but not including hotels and motels. 6. Dwellin� �u:ni�,�— a siiigle residential accommodation which is arranged, designed, �used or if vacan�, intended for use exclusively as a domicile for one family. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling uriit is located. 7. Familv_ any of the following definitions shall apply: —A person or persons related by blood, maxriage, or adoption, The definition of family should be reviewed r f +t, ,.a� i• „+t,,. oa r `_r' c..� and i+ a �.t a .,a,,,.�• �,,,.o+�,o ,;�i, ,.+�,o r r a updated. a i� r+., t,,.,, o�,,,�a 1 11V N —A group of not more than five (5) persons not related by blood, marriage or adoption maintaining a common household in a dwelling unit. 8. Flush water closet an approved toilet, with a bowl and trap made in one piece, which is connected to the City water and sewer system or other approved water [a] Definition of carbage, supply and sewer system. Refuse and ubbisn: Garba�e putrescible animal and vegetable wastes resulting from the handling, efer to. Chapter 19 preparation, cooking and consumption of food. Make consistent Habitable buildin� any building or part thereof that meets minimum standards for aefini�ions use as a home or place of abode by one or more persons. Through-out ordinance Habitable room a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, :e�cluding bathrooms, water closet compartments, laundries, furnace rooms, iar�nished basements, (those without required ventilation, required electric outiets and�.required exit� facilities), pantries, utility rooms of less than 50 square� feet�of floor�space, foyers, communicating corridors, sta.irways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. 12. Heated water water heated to a temperature of not less than 120 �egrees Fahrenheit, ch lesser tem era�ure re uired li� over�nent authori ,�ieasured at faucet or su q Y P outlet. uate s ace r workin s ace ade 'th coiinte Kitchen a s ace which contains a sink.wi q P 13. p g p for installin cookin and refrigeration�equipment, arid adequate space for the storage g: g of cooking utensils. wellin a dwellin or ortion thereof containin three or more 14. Multiple familv d g g g p dwelling units. 15. Nonresid�ntial buildin� all other buildings or structures other than dwellings or dwelling units,. 16. Occupant any� person (including owner or operator) occupying any structure, tiuilding or part thereof, dwelling, dwelling unit, rooming unit or premise. 17. Operator the ovviler or agent who has charge, care, control, or management of a building, �or,part�thereof. 18. Owner a person, agent, firm, or corporation having a legal or equitable interest in the property. In any corporation or partnership, the term owner includes general partners and corporate o�cers. 19. Permissible occubant load the maximum nuxnber of persons pertnitted to occupy a building or space within a building. 20. Person an individual, firm, partnership, association, corporation or joint venture or organization of any kind. L3] 21. Plumbin� all of the following supplied facilities and equipment in a building: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. 22. Premises a platted lot or part thereof or unplatted parcel of land, either unoccupied or occupied by any structure thereon. 23. Public Corridor a hall, corridor or passageway for providing egress from an occupied area �to a public way and not withiri th� ��xclusive control of one occupant. 24. Refuse all putrescible and nonputrescible waste "solids including garbage and rubbish. 25. Rental dwellin� or dwellin� unit A dwellin� or dwellin� unit let for occunancv or occunied bv someone other than the owner of record re�ardless of familial relationship or whether rent or other comnensation is paid. 26. Repair to restore to a sound and acceptable state of operation, serviceability or appearance: 27. RodentYiarbora�e —�any place where rodents can live, nest, or seek shelter. 28: Roomin� unif any�room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. 29: Rubbish nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar materials. 30. Safetv the condition of being reasonably free from danger and hazards which may cause accidents or disease. 31. Structure that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. 32. Substandard dwellin� any dwelling which does not conform to the minimum standards established by City Ordinances. 33. S paid for, furnished by, provided by or under the control of the owner, operator, or agent of a building. �4� 34. Meanin� of certain words whenever the words "dwelling", "dwelling unit", "premises", "building", or "structure" are used in this Ordinance, they sha11 be construed as though they were followed by the words "or any part thereof'. Section 12-301. RESPONSIBILITIES OF OWNERS AND OCCUPANTS. No `owner or other person shall occupy or let another person occupy any building, unless it and the premises are clean, sanitary, fit for human occupancy; and comply with a11 applicable legal requirements of the State of Minnesota and the City ofBrooklyn Center, including the following requirements. Section 12-302. MAIl�tTENANCE OF SHARED OR,3'ITBLIC AREAS. Every owner of a� building shall maintain in a clean, sanitary and safe conditioi�, the shared or public areas of the building and premises thereof. Section 12-303. MAINTENANCE OF OCCLTPIED AREAS. All occupants of a building, shall maintain in a clean, sanitary�and safe condition that part or those �pa�ts of the building, and premises thereof that she/he occupies and controls. Section 12-304. STORAGE AND DISPOSAT, OF RL�BBISH. All occupan#s of a buildmg, shall store and dispose of all their rubbish in a clean, sanitaiy, and safe manner as prescribed by Chapter 7 of the City Ordinances. Section 12-305. STORAGE AND DISPOSAL OF GARBAGE. All occupants of a building, shall store and dispose o�all their garbage and any other�rganic waste�which might provide food for insects and/or rodenfs in'a clean, sanitary, and safe manner as prescribed by Chapter 7 of the City Ordinances. Sectiori 12-�Ob. RESPONSIBILITY FOR STORAGE AND DISPOSAL OF GARBAGE, RUBBISH, AND RECYCLABLE MATERIALS. Every owner of a multiple family dwelling or nonresidential building shall supply facilities for the sanitary and safe storage and disposal of rubbish and garbage:, In the case of single- or two-family dwellings, it sha11 be the responsibility of the occupant to furnish such facilities. Every owner of a multifamily dwelling containing more than eight units must comply with the requirements of Section 7-113 of the City Ordinances. Section 12-307. RESPONSIBILITY FOR STORM AND SCREEN DOORS AND WINDOWS. The owner of a rental dwelling unit shall be responsible for providing and hanging all screens and storm doors and storm windows whenever the same are required under the provisions of this Ordinance, except where there is written agreement otherwise between the owner and occupant. Section 12-308. RESPONSIBILITY FOR PEST EXTERMINATION. Every occupant of a dwelling containing a single dwelling unit or an occupant of a nonresidential building containing a single unit sha11 be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit or an occupant of a nonresidential building containing more than one unit shall be responsible for such extermination whenever their unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a building in a reasonable rodent-proof or reasonable vermin-proof condition, extermination shall be the responsibility of the owner. I5] Whenever infestation exists in two or more of the units in any building, extermination thereof shall be the responsibility of the owner. Whenever extermination is the responsibility of the owner, the extermination must be performed by a licensed pest control contractor. Section 12-309. RODENT HARBORAGES PROHIBITED IN OCCUPIED AREAS. No occupant of a building shall accumulate boxes, lumber, scrap meta.l, or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling unit or building. Stored materials sha11 be stacked neatly. Section 12-310. RODENT HARBORAGES PROHIBITED IN PUBLIC AREAS. No owner of a building shall accumulate or permit the accumulation:of lioxes,lumber, scrap metal, or any other similar materials in such a manner that may provide a�roclent harborage in or about shared or public areas of a building or its premises. Materials stored by the owner or�permitted to be stored by the owner shall be stacked neatly. Section 12-311. PREVENTION OF FOOD FOR ROpENTS. No owner or occupant of a building shall store, place, or allow to �.ccumulate any inaterials that may serve as�ood for rodents in a site accessible to rodents. Section 12-312. SAI�TITARY MAINTENANCE OF FIXTURES AND FACILITIES. Every occupant of a building shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasoriable care �in the proper use and operation thereof. Section 12-313. 1VIINIMUIVI HEATING CAPABILITY AND MAINTENANCE. In every dwelling unit or Tooming unit��vlien tlie control of the supplied heat is the responsibility of a person other tha� the occupant, a temperatu,re of at least��68 degrees Fahrenheit, or such lesser temperature required by government authority, sha11 be maintained at a distance of three feet above the floor and three feet from e�erior wallsin�all habitable rooms, bathrooms, and water closet compartments from September through May. Nonresidential buildings shall meet State of Minnesota regulations and statute requirements. Section 12-314. REMOVAL OF SNOW AND ICE. Every occupant of a dwelling containing a single dwelling unit, and the owner of a multiple family dwelling or a nonresidential building shall be responsible for the removal of snow and ice from parking lots, driveways, steps, and walkways on the premises. Individual snowfalls of three inches or more, or successive snowfalls accumulating to a depth of three inches, shall be removed from parking lots and driveways within 24 hours after cessation of the snowfall. Individual snowfalls of one inch or more, or successive snowfalls accumulating to a depth of one inch, shall be removed from steps and walkways within eight hours after cessation of the snowfalL Section 12-315. MINIMUM EXTERIOR LIGHTING. The owner of a building shall be responsible for providing and maintaining effective illumination in all exterior parking lots, doorwavs and walkways. i L6l Section 12-316. MAINTENANCE OF DRIVING AND PARKIl�tG AREAS. The owner of a building shall be responsible for providing and maintaining in good condition paved and delineated parking areas and driveways for tenants consistent with Chapter 35 of the City Ordinances. Section 12-317. MAINTENANCE OF YARDS. The owner of a building shall be responsible for providing and maintaining premises' yards consistent with Section 12-711. Section 12-401. MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES. No person shall occupy as owner, occupant, or let to another for occupancy any dwelling or dwelling unit, for the purposes of living, sleeping, cooking, and eating therein, which does not comply with the following requirements. Section 12-402. KITCHEN FACILITIES. Every dwelling u,nit shall have a room or portion of a room in which food may be prepared and/or cooked and which shall have adequate circulation area, and which shall be equipped with the followirig: l. An approved kitchen sink in good working co�dition and properly connected to an approved water supply s�stem and which provides at all times an adequate amount of heated and unheated running water under pressure, and which is connected to an I approved sewer system. 2. Cabinets andlor shelves for"the storage of eating, drinking, and cooking equipment, and utensils and of food that does not re uire,refrigeration for safekeeping; and a q counter t�r table for food preparation. Said cabinets and/or shelves and counter or table sha�i be adequa�e for the permissible occupancy of the dwelling unit and shall be of sound�construetion furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. 3. A stove or similar deviee for cooking food, and a refrigerator or similar device for the safe storage of food at or below 40 degrees Fahrenheit, which are properly installed with all necessary connections for safe, sanitary and efficient operation. Provided that such stove, refrigerator, or similar devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, in which case sufficient space and adequate connections for the installation and aperation of said stove, refrigerator or similar device must be provided. Section 12-403. TOILET FACILITIES. Within every dwelling unit there shall be a u h water closet in ood workin nonhabitable room which is e ui ed with an a roved fl s g g q pP PP condition. In a rental dwelling unit, such room sha.11 have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an at at all times rovides an ade uate amount of runnin water under ressure a roved water s stem th g P PP Y p q ta cause the water closet to be operated properly, and sha11 be connected to an approved sewer system. Section 12-404. LAVATORY SINK. Within every dwelling unit there shall be an approved lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and shall be properly connected to an approved water supply system and sha11 provide at all times an adequate amount of heated and unheated running water under pressure, and shall be connected to an approved sewer system. Section 12-405. BATHTUB OR SHOWER. Within every dwelling unit there shall be a nonhabitable room which is equipped with an approved bathtub or shower in good working condition. In a rental dwelling unit, such room shall have an entrance door which affords privacy. Said bathtub or shower may be in the same room as the flush water closet, or in another room, and shall be properly connected to an approved water supply �systerii.and shall provide at all times an adequate amount of heated and unheated water under pressure, and shall be connected to an approved sewer system. Section 12-406. STAIRWAYS, PORCHES AND BALCONIES. Every stairway, inside or outside of a dwelling and every parch or balcony, sha.11 be k�pt�i� safe condihon.and sound repair. Stairs and handraiis shall conform to the Uniform Buildsn� Cacie standards. Every deck, porch and balcony which is 30 inches or more abov� grade shall have guardrail that conforms to the Uniform Building Code standards. Every handrail and guardrail sha71 be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away �r�h� supporting or adjacent structures enough to cause a hazard. No flight of stairs sha11 have Review �o ose, or deteriorating'supports. Excepting spiral and winding stairways, the treads and risers ection ia flight of stairs shall be uniform in width and heigiit. Stairways shall be capable of to a live load of 100 pounds per square foot of horizontal projection. commodate multi fami�y �ection 12-407. ACCESS TO DWELLING UNIT. Access to or e ess from each dwellin dwellings g such as I be provided without passing through any other dwelling unit. Doubles and triplexes ectian 12-408. DO�R LOCKS. No owner shall occupy nor let to another for occupancy Address 't are e ui ed lin or dwellin unit unless all exterior doors of the dwellin or dwe llin uru ��mother- in- g., g. g g q pp law�� apts? �ctioning locking devices. Multiple family dwellings sha11 be furnished with door locks �s: For the purpose of providing a reasonable amount of safety and general welfare for persons occupying multiple family dwellings constructed after May 5, 1969, an approved security system shall be maintained for each multiple family building to control access. The security system shall consist of locked building entrance or foyer doors, and locked doors leading from hallways into individual dwelling units. Dead- latch type door locks sha11 be provided with lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of building entrance doors. Building entrance door latches shall be of a type that are permanently locked from the outside and permanently unlocked from the inside. 2. Every door that is designed to provide ingress or egress for a dwelling unit within a multiple family building shall be equipped with an approved lock that has a [s] L� deadlocking bolt that cannot be retracted by end pressure, provided, however, that such door sha11 be openable from the inside without the use of a key or any special knowledge or effort. Section 12-501. 1��T�INI[JM STANDARDS FOR LIGHT AND VENTII,ATION. No person shall occupy as owner, occupant or let ta another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements. Section 12-502. HABITABLE ROOM LIGHT AND VENTILATION. Except where there is supplied some other device affording adequate ventilation:�ancl approved by the compliance official, every habita.ble room shall have at least one windovw facing directly outdoors which can be opened easily. The minimum total of openable window area in every habitable room shall be the greater of 10% of the floor area of the room or ten square feet. One half of the required window area shall be openable. Section 12-503. NONHABITABLE ROOM VENTILATION. Every bathroom and water closet compartment, and every laundry and utility room shall,contain at least 50°�"o;of the ventilation requirement for habitable rooms contained in Section��'72-502; �except that no windows sha11 be required if such rooms are equipped with a�entilation syste� which is approved by the compliance officiaL Section 12-504. ELECTRIC SERVICE, OUTLETS AND FIXTURES. Every dwelling unit and all public and common areas sha11 be supplied with electric service, functioning overcurrent protection devices, electric outlets; and electric fixtures which are properly installed, which shall be maintained in good and safe working conditions, and shall be connected to a source of electric power in a manner prescribed by the Ordinances, rules and regulations of the City of Brooklyn Center and by the laws of the'State of Minnesota: The minimum capacity of such electric service and the minimun� nuinber of electric out�ets and fixtures sha11 be as follows: 1. Dwelling containing one or two dwelling units shall have at least the equivalent of ��Q-ampere, thre�-wire electric service per dwelling unit. 2. Dwelling units sha11 have at least one branch electric circuit for each 600 square feet of dwelling unit'fl�or area. 3. Every habitable room shall have at least one floor or wall-type electric convenience outlet for each 60 square feet or fraction thereof of total floor area, and in no case less than two such electric outlets provided, however, that one ceiling or wa11-type light fixture may be supplied in lieu of one required electric outlet. 4. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall-type electric light fixture and every bathroom, kitchen, and laundry room shall contain at least one electric convenience outlet. 5. Every public corridor and stairway in every multiple family dwelling shall be adequately lighted by natural or electric light at all times at one foot candle at floor [9l level, so as to provide effective illumination in all parts thereof. Every public corridor and stairway in structures containing not more than two dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting. 6. A convenient switch or equivalent device for turning on a light in each dwelling unit shall be located near the point of entrance to such unit. Section 12-601. MINIMLTM THERMAL STANDARDS. No person sha11 occupy as owner, occupant or let to another for occupancy any building or portion thereof, which does not have heating facilities which are properly installed, and which are maintained in safe and good working condition, and which are capable of safely and adequately heating all habitable rooms, bathroom, and water closet compartments in every dwelling unit located therein to a ternperature of at least 68 degrees Fahrenheit or such lesser tem erature re uired b overnment authority, at a distance of three feet P q Yg from e�terior walls. ��Gas or electric a 1'ianc�� desi ed rimarily for I above floor level and three feet pp P cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. Portable heating equipment employing flame and the use of liquid fuel does not meet the requirements of this section and is prohibited. No ovyner��occupant shall ins�1, operate or use a space heater employing a flame that' is not vented outside #he structure in an approved manner. Section 12-701. GENERAL REQITIlZEMENTS. No person sha11 occupy as owner, occupant or let to another for occupancy, any building or portion thereof which does not comply with the following requirements; unl�ss specifically exempt. Section 12 702:� FOLTNDAT�ONS, EXTERIOR WALLS�AND ROOFS. The foundation, exterior walls, and exterior roof sha11 be substantially water tight and protected against vermin and rodents and �hall�be kept in sound��condition a.nd repair. The foundation element shall adequately support the_building at��al1 points. �Every e�terior wall `shall be free of deterioration, holes, breaks, loose o� ioiting boards or tirnbers, aiid any other condition which might admit rain or dampness to the interioT pQrtion of the wa7ls�qr to the e�erior spaces of the building. The� roof shall be tight and have no defec'�s t?vhich admits rain, and roof �drainage shall be adequate to prevent rain water from� causing dampness in the wa11s `A�l exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint or other protective covering or treatment. If the exterior surface is unpainted or determined by the compliance official to be paint blistered, the surface shall be painted. If the exterior surface of the pointing of any brick, block or stone wa11 is loose or has fallen out, the surface shall be repaired. Section 12-703. WINDOWS, DOORS AND SCREENS. Every window, exterior door, and other exterior openings shall be substantially tight and shall be kept in sound condition and repair. Every window, other than a fixed window or storm window, shall be capable of being easily opened. Every window, door and frame sha11 be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, wind, vermin and rodents from entering the building. Every openable window shall be supplied with 16-mesh screens during the insect season, and shall be equipped with an approved lock if located less than six feet above adjacent grade. Section 12-704. FLOORS, INTERIOR WALLS AND CEILINGS. Every floor, interior wa11, [io] and ceiling shall be adequately protected against the passage and haxborage of vermin and rodents, and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be free of holes and large cracks and loose plaster and shall be maintained in a tight, weatherproof condition. Toxic paint and materials with a lasting toxic effect shall not be used. The floor of every toilet room, bathroom, and kitchen sha11 have a smooth, hard, nonabsorbent surface and shall be capable of being easily maintained in a clean and sanitary condition. Section 12-705. RODENT PROOF. Every structure and the premises upon which it is located shall be maintained in a rodent-free and rodent-proof condition. All openings in the exterior walls, foundations, basements, ground or first floors, and roofs which have a 1/2" diameter or larger opening shall be rodent-proofed in an approved manner. Interior floors or basements, cellars and other areas in contact with the soil shall be paved with concrete or other rodent impervious material. Section 12-706. FENCE MAINTEN�NCE. All fences sha11 consist of inetal, wood, masonry, or other decay resistant material. Fences Shall be maintained iri �good condition both in appearance and in structure. Wood material, other than decay �esistant varieties� shall be protected against decay by use of paint or other ,preservatives. Paint shall be maintairied ;consistent with Section 12-702. Section 12-707. ACCESSORY STRUCTURE MAINTEI�TANCE. Accessory structures or buildings shall be structurally sound, and be rnaintained in.good repair and appearance. The exterior of such structures shall be niade �veather resistant throughthe�use of decay-resistant materials such as paint or other preservatives. Painf shall be maintained consistent with Section 12-702. Section 12-708. SAFE BUILDING ELEMENTS. Every foundation, roof, floor, exterior and interior wal�, ceilings, inside aiid oufside stair, every,porch and balcony, and every appurtenance thereto, shall be safe to use and capable of supporting loads required by the occupancy. Section 12-709. FACILITIES TO FUNCTION. Every supplied facility, piece of equipment or utility required under City Ordinances and every chimney and flue shall be insta.11ed and maintained and shall function effectively in a safe, sound, and working condition. Section 12-710. GRADING AND DRAINAGE. During the period May through October every yaxd, court, passageway, and other portions of the premises on which a building stands sha11 be graded and drained so as to be'free of standing water that constitutes a detriment to health and safety. Section 12-711. YARD COVER. Every yard of a premises on which a building stands shall be provided with lawn or combined ground cover of vegetation, garden, hedges, shrubbery, and related decorative materials and such yard shall be maintained consistent with prevailing community standards. Nonresidential sites sha11 be maintained in accordance with an approved City landscape plan and shall be supplied with an irrigation system. Section 12-712. DISCONTINLJANCE OF SERVICE OR FACILITIES. No owner, operator, or occupant shall cause any service, facility, equipment or utility which is required under this Ordinance, to be removed from or shut off from ar discontinued for any occupied building or portion thereof, except for such temporary interruptions as may be necessary while actual repairs or [li] alterations are in process, or during temporary emergencies. Section 12-713. SCREENIl�TG. All outside trash disposal facilities, recycling containers, and outside or rooftop mechanical equipment shall be screened from view by an opaque fence or wa11 high enough to completely screen the equipment. Section 12-801. MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATION REQUIREMENTS. No person shall occupy nor permit or let to be occupied any dwelling or dwelling unit for the purpose of living therein, which does not comply with the following requirements. Section 12-802. PERMISSIBLE OCCUPAI��Y�� OF_' DWELLING LTNIT. With the exception of owners occupying a respective dwelling unit prior to June 1, 1975, the maximutn permissible occupancy of any dwelling unit shall��be determined as follows: 1. For the first occupant, 150 square� feet of habitable room floor space and for every additional occupant thereof, at least 100 squ�r�=�eet of habitable room floor space. 2. In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitcheri, in�the dwelling��nit. Section 12-803. QNE FAMILY PER DWELLING LTNIT: Not more than one family, except for temporary guests, shall occupy a dwelling unit. Section 12-804. :�y1INIMUlV1� CEILING HEIGHT. In�order to qualify as habitable, rooms sha11 have a clear ceiling height of not less than seven feet, six inches, except that in attics or top-half stories used for sleeping, study, or�similar �ctivities;�the ceiling height shall be not less than seven feet six inches over at least one-haif:of the floor area. In calculating the floor area of such rooms in attics or fio�-half stories, �only those� portions of the floor area of the room having a clear ceiling height of five feet or more may be included. <Review this section to reference basements.> Section 12-805. ACCESS THROUGH SLEEPING ROOMS AND BATHROOMS. No dwelling unit built after 1940 and containing two or more sleeping rooms shall have a room arrangement such that' access to a bathroom or water closet compariment intended for use by occupants of more than one sleeping room can be gained only by going through another sleeping room, nor shall the room arrangement be such that access to a sleeping room can be gained only by going through another sleeping room. A bathroom or water closet compartment shall not be used as the only passageway to any habitable room, ha11, basement or cellar or to the exterior of any dwelling unit. <Should we address what is a"le�al" bedroom?> Section 12-900. PURPOSE. It is the purpose of this section to assure that rental housing in the City is decent, safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterprise that enta.ils certain responsibilities. Operators are responsible to take such reasonable steps as are necessary to assure that the citizens of the City who occupy such units may �ia] pursue the quiet en� oyment of the normal activities of life in surroundings that are. safe, secure and sanitary; free from noise, nuisances or annoyances; free from unreasonable fears about safety of persons and security of property; and suita.ble for raising children. Section 12-901. LICENSING OF RENTAL LJNITS. 1. License Required. No person shall operate a rental dwelling without first having obtained a license to do so from the City of Brooklyn Center as hereinafter provided. There shall be two types of licenses: regular and provisional. Provisional licenses are defined in Section 12-913. 2. License Term. Regular licenses will be issued for aperiod of two years. Provisional licenses will be issued for a period of six months. All licenses, regular and provisional, will be reviewed every six months after the beginning of the license term to determine the license status. 3. License renewal. License renewals shall be filed at least 90 days prior to license expiration date. Within two weeks of�recei�it of a complete appl'ication and of the license fee required by��Seetion 12-902, ��t1ie _�ompliance ofFicial sha11 schedule an inspection. No application for an�initial or renetival license shall be submitted to the City Council until the Compliance ofFicial has cletermined that a111ife, health safety violations or discrepancies'have been corrected. 4. Condition of License: .Prior to issuance or renewal`of a license and at all times during i the liceris� term, a license holder must be current on the payment of all utility fees, taxes, and assessmen�s due on the licensed property and any other rental real property ��ii tfie., City owned by�the license holder. In the event a suit has been com.menced under 1Vli�nesota Statutes, Section 278.01-278.03, questioning the amount or validity of taxes, tlie� �ity Council may on' application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid�foi� a period �xceeding one (1) year after becoming due. Section 12-902. LICENSE FEES. License fees, as set forth by City Council resolution, sha11 be due 90 days prior to �lie license expiration date; in the cases of new unlicensed dwellings, license fees shall be due upon issuanc� of the certificate of occupancy. A delinquency penalty of 5% of the license fee for each day of operation without a valid license shall be charged operators of rental dwellings. Dnce issued, a license is nontransferable and the licensee shall not be entitled to a refund of any license fee upon revocation or suspension; however, the licensee shall be entitled to a license fee refund, prorated monthly, upon proof of transfer of legal control or ownership. If an applicant withdraws an application prior to issuance of a license, the fee shall be refunded after deducting the costs of inspection and any other costs and expenses incurred by the City in connection with receiving and processing the application A fee, as set by City Council resolution, shall be charged for all reinspections necessary after the first reinspection. The reinspection fee(s) will be payable at the time of license renewal for the �13] property, in the case of rental housing and at the time of recertification of occupancy for nonresidential properties. Section 12-903. OWNER OR AGENT TO APPLY. License a lication or renewal shall be PP made by the owner of rental units or his legally constituted agent. Application forms may be acquired from and subsequently filed with the compliance official. The applicant shall supply: 1. First, middle (if any), and last name, address, date of birth, and telephone number of dwelling owner, owning partners if a partnership„corporate officers if a corporation. 2. N�me, �address, and telephone number of designated resident agent, if any. 3. Name, address, and telephone number��of vendee;;if the dwelling is being sold through a contract for deed. 4. Legal address of the dwelling. 5. Number of dwelling units within the dwe�ling.:� 6. Description of procedure tfirough which tenant inquiries and complaints are to be processed. 7. Sta.tus of utility fees, property taxes, and other assessments on the dwelling and other rental real property in the city owned by the applicant. Every person holding -an operatin,� license shall give notice in writing to the compliance official wi�hin= fiVe business days�� after any change of this information. Notice of transfer of ownership sliall be as described in Section 12-908. Secti�n 12-904. RESTDENT AGENT REQUIRED. No operating license sha11 be issued or renewed for a nonresident owrier of rental dwelling units (one who does not reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota., Scott, or Washington) unless such owner designates in vvriting to the compliance official the name of his resident agent (one who does reside `i�. any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington) who is responsible for maintenance and upkeep and who is legally constituted and empowered to receive service of notice of violation of the provisions of the City Ordinances, to receive orders and to institute remedial action to effect such orders and to accept all service or process pursuant to law. The compliance official shall be notified in writing of any change of resident agent. Section 12-905. CONFORMANCE TO LAWS. No operating license shall be issued or renewed unless the rental dwelling and its premises conform to the Ordinances of Brooklyn Center and the laws of the State of Minnesota.. Section 12-906. INSPECTION CONDITION. No operating license shall be issued or renewed unless the owner of rental units agrees in his application to permit inspections pursuant to [14] Section 12-1001. Section 12-907. POSTING OF LICENSE. Every licensee of a multiple dwelling shall cause to be conspicuously posted in the main entryway or other conspicuous location therein the current license for the respective multiple dwelling. Section 12-908. LICENSE NOT TRANSFERABLE. No operating license sha11 be transferable to another person or to another rental dwelling. Every person holding an operating license shali give notice in writing to the compliance official withYn five business days after having legally transferred or otherwise disposed of the legal control of an3�` licensed rental dwelling. Such notice sha11 include the name and address of the person suceeecling to the ownership or control of such rental dwelling or dwellings. Section 12-909. OCCUPANCY REGISTER REQUIRED. �uerX owner of a licensed rental dwelling containing three or more dwelling units shall keep, or cause to be kept, a current register of oecupancy for each dwelling unit which provides the following information:. 1. Dwelling unit address. 2. Number of bedxooms in dwelling unit. 3. Names of adult occupants and number of adults and ehildren (under 18 years of age) current�y occupyuig the dwelling units: 4. Dates renters occupied and vacated dwelling units. 5. A chronological li�t;of complaints and�iequests for repair by dwelling unit occupants, which cQrnplaints�and requests are related to the provisions of this Ordinance. 6. A similar chronological list of a11 corrections made in response to such requests and complaints. Such register sha11 be made available for viewing or copying by the compliance official at all reasonable times. All nonresidential properties shall keep, or cause to be kept, a current register of occupancy for each building which provides the following: 1. Building address. 2. List of all tenants occupying building. 3. Nature of business conducted by each tenant in building. 4. Contact person for each tenant. I15] 5. Gross floor area leased by each tenant. Section 12-910. LICENSE SUSPENSION, REVOCATION, DENIAL AND NON- RENEWAL. 1. Every license issued under the provisions of this Chapter is subject to suspension or revocation by the City Council. 2. In the event that a license is suspended or revoked, by the City Council, it sha11 be unlawful for the owner or the owner's duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vaca#ed rental units until such time as a valid license may be restored by the City Cou�ctl: '1 ��of;:a� misdemeanor and u on I �I, 3'. Any person violating this section shall be gui ty p conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, together with the costs of rosecution. Each da of each violation shall constitute a separate P Y punishable offense. i ued under this 4. The Council may revoke, suspend or decline�to renew any license ss ds: Chapter upon any of the following groun a. false statements on any application or`other information or report required by this Chapter to be given by the applicant or licensee. b. failuxe to pa� any application, penalty, reinspection or reinstatement fee requireii;�by:this Chapter and City Council resolution. a fail�.tre to correct deficiencies noted in notices of violation in the time specified in the notice. d:�� failure to'comply with the provisions of an approved mitigation plan in the case of provisional licenses. e. failiire:to operate or maintain the lieensed premises in conformity with all applicable state laws and codes and this Code of Ordinances. f. any other violation of this Chapter. 5. Revocation, suspension and non-renewal may be brought under either this Section or Section 12-911, or both. 6. A regular license may be revoked at the end of any six-month review period, as described in section 12-901(2) or at the end of the two-year term upon a finding that the licensed premises are only eligible for a provisional license as provided in Section 12-913. [16] 7. A decision to revoke, suspend, deny or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefor and the hearin before the Ci applicant or licensee will be given an opportunity for a g ty Council before final action to revoke, suspend, deny or not renew a license. The Council sha11 give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and sha11 issue a decision to deny, not renew, suspend or revoke a license only upon written findings. 8. The Council may suspend or revoke a licens� or not renew a license for part or all of a facility. 9. Licenses may be suspended for up to ninety (90) days and may, after the period of suspension, be reinstated subject to compliance with this Chapter and any conditions imposed by the City Council at the time of suspension. Licenses that are revoked will not be reinstated until the owner has appli�d for and secure�,. a new license and complied with all conditions imposed af the tinie� of revocation. �7�on a decision to I revoke, deny or not renew a license, no new application for the same facility will be accepted for the period of time specified in the,Council's written decision, which shall not exceed one year. A decision not to renew a license may take the form of a suspension ox revocation. A decision to ,�eny an initial application for a new facility will not take the'form of a suspension or'revocation unless false statements have been conriect�on v��ith the �a�� "lication. A decision to den an made by the applic�nt m pp Y n initial application shai� state conditions of reapplication. All new applications must be accomp�ied by, a� �einstatement fee, as specified by Council resolution, in °addition to a11 other`fees required by this Chapter. 10. A written tlecision to revoke, suspend, deny or not renew a license or application sha11 specify �he part or parts of the facility to which it applies. Thereafter, and until ��a;�icense is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility,ipay be relet or occupied. Revocation, suspension or non-renewal of a license sha.11 not excuse the owner from compliance with all terms of state laws and codes .and this Code of Ordinances for as long as any units in the facility are occupied: `_Faii�ire to comply with all terms of this Chapter during the term of revocation, suspension or non-renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non-renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or non-renewal specified in the City Council's written decision or in paragraph 8 of this Section. Section 12-911. CONDUCT ON LICENSED PREMISES. 1. It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this Section, a premises is disorderly at which any of the [l�l following activities occur: a. Violation of Section 19-1202 (Noise Abatement). b. Violation of Section 19-1121 (Unlawful Possession, Delivery or Purchase) or violation of laws relating to the possession of controlled substances as defined in Minnesota Statutes Section 152.01, Subdivision 4, and dru� naranhernalia as defined in Minnesota. Statutes Section 152.092., c. Violation of Section 19-202 (Disturbi�g tlie� Peace). d. The unlawful sale of intoxicating:liquor_or,3.2 percent malt liquor. e. Violation of laws relating to gambling. f. Violation of laws relating to prostitution as defined in Minnesota Statutes, Section 609.321, Subdivision 9,,�or acts,relating to prostitution. g. Unlawful use or,�possession of a�� weanon. Violation of anv �e� of Minnesota ��tatutes, Secti�n 609.66, Subdivision 1 a, 609.67, 609.02, Subdivision 6 ar'624.713, and City Ordinance 19-402. h. Loud nersons Citv Ordinance 19-1201 i. Loud narties Citv Ordinance� 19-1201 �i. Noise cars/do�s Citv Ordinance 1-110- horns/radios Citv ordinance 19-1201,02,03. k. Fi�hts Citv Ordinance 19-203 L Allowin� curfew/sta.tus offenses/undera�e drinkin� Citv Ordinance 19-301: and 19-304. m. Disorderlv conduct (Minn Stat. 609.721 n. Prouertv dama�e Citv Ordinance 19-211 o. Assaults Sth de�ree non-domestic Citv Ordinance 19-204 n. Public disturbance Citv Ordinance 19-202 a. Fire alarms Citv Ordinance 5-112 r. Interference with a neace officer (Minn Stat. 609.501 [is] s. Unlawful assemblv (Minn Stat. 609.7051 Citv Ordinance 19-1105 t. Presence at unlawful assemblv (Minn Stat. 609.1751 u. Terrorist threats (Minn Stat. 609.7131 v. Loiterin� Citv Ordinance 19-201 2. The City�Manager shall be responsible for e�orcement and administration of this Ordinance. Authority to take any action��aut�iorized under this section may be delegated to the City Manager's authorized tlesignee. 3. Upon determination by the City Manager that a licensed premises was used in a disorderly manner, as described in paragraph 1, the City Manager sha11 give notice to the licensee of the violation and direct the licensee to �ake steps: to prevent further violations. 4. If another instance of disorderly; use of the licensed premises occurs within t�ee-{� twelve (121 months of an incident for which a notice in paxagraph 3 was given, the City Manager. ,�hall notify the licensea af the violation and shall also require the license�`to subrnit a written report of the�actions taken, �and proposed to be taken, by the licensee to prevent further �isorderly use of the premises. This written report shall be `sixbmitted to the City Manager within five (5) days of receipt of the notice of disorderly� use of the� premises and shall detail all actions taken by the licensee in response to all�notices of disorderly use of the premises withixi the preceding three (3) �months.�� 5. If another instance of disorderly use of the licensed premises occurs within t�ee{� twelve (121 months after any two previous instances of disorderly use for which notices were given to the licensee pursuant to this section, the rental dwellirig license for the premises inay be denied, revoked, suspended or not renewed. An action to deny, revo�Ce, suspend, or not renew a license under this section sha11 be initiated by the City Manager who shall give to the licensee written notice of a hearing before the City Council fo consider such denial, revocation suspension or nonrenewal. Such written notice sha11 specify a11 violations of this section, and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than ten (10) days and no more than thirty (30) days after giving such notice. Following the hearing, the council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. 6. No adverse license action shall be imposed where the instance of disorderly use of [19] i the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appeaxs that the licensee has taken appropriate measures which will prevent fiu�thher instances of disorderly use. 7. A determination that the licensed premises have been used in a disorderly manner as described in paragraph 1 shall be made upon substantial evidence to support such a determination. It sha11 not be necessary that criminal,charges be brought in order to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. 8. All notices given by the City under this section shall be personally served on the licensee or onerator,,,sent by ��e� certified mail to the licensee's last known address or, if neither rn�thod of service effects notice, by posting on a conspicuous place on the licensed premises. 9. Enforcement actions provided in this section shall not be exclusive, and the City Council�:ma��'take��.ny action with respec� to a licerisee, a tenant, or the licensed premises as is authorized by this Code or state'law. Section 12-912. NO RETALIATION. No licensee sha11 evict, threaten to evict or take any other punitive actinn against �any tenarit by reason of good faith calls made by such tenant to law enforceme�t agencies rela�ting to cri�inal activity, suspected criminal activity, suspicious occurrences or public safety concerns. This section shall not prohibit the eviction of tenants from a dwelling unit for unlawful.conduct of a tenant or invitee or violation of any rules, regulations or lease terms other than a prohibition against contacting law enforcement agencies. C� o.,+; 1'1 n 1 J. i T .a 1+' 1 .i il' '�L. o „'t- +1� 1, .i Y b a c� tiG 7' il .i.� oll; �.�,,.o..va; o o l..a r r a ,i 1. 1 1' 'l.l 1 .,1 1; ,�,o D ,h' '+L, 1 Y Y tiC ,..,1; �ll� ,,ar oll: i.. �A�kEe--�� it +L. .a .ao�o ,>l,otl,�r a 71 F 1,' 1, L.o ol.�, .70..1., o.a �.,�....,.,t;+„+o e ..+L.o,. .a;�..,-.ao..l<> l,,c.� ii i• a• c�• i oi i. [20] U� �i d> o� N f> u �M W 1 �"I'�1 W/ r+M, �,y /1 JT� 1 T 1 rF1 tfYl �Yfy I '�f'L. �f�' .i+ .ao4o .,L,o4l,0 �l l; o V• .a +1, 1 0 !1'�\ „+1, ,,.a ,,.a;,,.� h,�.. .Y. .,+1, L.v�F crw vvivi �319-�iir-xiivix�2�6'�2'�-�3E£i9E�@S63�CtrtrtSGC-�k•••, 17 �(11 a �rt, r•,t i t a i+ t, �.,+t,� w, sv� cucrrliccn�c�s'rrizorrcru� r n.+ll�. r1v�..+..:b.o.7 .�1� !11 !_..l ..1....>o 7 z. �1, .a' +l, A �L. «1»,..,.,+ ,e,,,,;�� to 1.o i,o.,,-.a �,,.a mc�.crop6�ti6rr es�rc v picJ�i�-e'6'�eii6 '1 L. 11 0.7; o ,-�:>o :'�:��a_.. �A F2E�HG��3l.iixciaincrQ ..,.1; o ,,,1 �r ..�lt� T .,1,,.,+;,, .,,.;+;.,r�+;., ,�1� �;,.o ,.,,11� rrccZZSrr.r. a i• r•+. ra ,..;,+o ,...t ao�,.,.;�,;� „�i ��o �,.vo ----o ,.ti, �+t, ,.i„� a,,..:.,n �i.o ,.oa;,,,� Section 12-914. �TENANT BACKGROLTND CHECKS. 1. All licensees will conduct criminal background checks on all prospective tenants. The criminal background check must include the following: (a) A statewide (Minnesota) criminal history check of all prospective tenants covering at least the last three years; the check must be done "in person" ar by utilizing the most recent update of the state criminal history files; (b) A statewide criminal history check from the prospective tenant's previous state of residence if the tenant is moving directly from the previous state; [22] (c) A criminal history check of any prospective tenant in their previous states of residence covering the last three years if they have not resided in Minnesota for three years or longer; (d) A criminal history check of any prospective tenant must be conducted in all seven counties in the metro Twin City area covering at least the last three years including all misdemeanor, gross misdemeanor, and felony convictions. (e} Licensees will retain criminal history check information for at least one year after the date of the check or, if the subject of the check becomes a tenant of the licensed premises, one year after the subject of the check has ceased to be a tenant. Such information shall be available for inspection upon demand by I the �City Manager or the City Manager's c�esignee, during normal business hours. Section 12-1001. ENFORCEMENT AND INSPECTION AUTHORITY. The City Manager and his designated agents shall be the compliance official who shall administer and enforce the provisions of this Ordinance and who �is k�ereby authorized to cause inspections on a'scheduled basis for rental dwelling units, and other buildings when reason exists to believe that a violation of this Ordinance has been or is being committed. Inspections shall be conducted during reasonable daylight hours, and the compliance official shall present evidence of official capacity to the occupant in charge of a respective dwelling unit. Section 12-1002. 1NSPECTION ACCESS. Any owner, occupant, or other person in charge of a building may refuse #o permit free access and entry to the stxucture or premises under his control for inspection pursuant to this Ordinance whereupon the compliance official may seek a court order authorizing such'��inspection. Section 12-1101. LJNFIT FOR HLJMAN HABITATION. 1. Any building or portion thereof, which is damaged, decayed, dilapidated, insanitary, unsafe, vermin or, rodent infested, or which lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or�vyelfare of the occupants or of the public may be declai�ed unfit for human habita.tion: Whenever any building or premises has been declared unfit for human habitation, the compliance official shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unf'it for human habitation, and any operating license previously issued for such dwelling shall be revoked. 2. It shall be unlawful for such building or portion thereof to be used for huxnan habitation until the defective conditions have been corrected and written approval has been issued by the compliance official. It shall be unlawful for any person to deface or remove the declaration placard from any such building. Section 12-1102. SECURE UNFIT AND VACATED BUILDINGS. The owner of any [23] building or portion thereof, which has been declared unfit for human habitation, or which is otherwise vacant for a period of 60 days or more, shall make same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any vacant building open at doors or windows, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public and a public nuisance within the meaning of this Ordinance and shall be made safe and secure immediately. Section 12-1103. HAZARDOUS BUII.,DING DECLARATION. In the event that a building has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the building may be declared a hazardous building and treated consistent with the provisions of Minnesota Statutes. Section 12-1201. COMPLIANCE ORDER. Whenever the compliance officia.l determines that any building or portion thereof, or the premises surrounding any of these, fails to meet the provisions of this Chapter, a compliance order setting forth the violations of the Ordinance and ordering the owner, occupant, operator, or agent`to correct such violations shall be issued. This compliance order shall: 1. Be in writing. 2. Describe the location and nature of the violations of this Ordinance. 3. Establish�a�reasonable time for�the correction�of such�`violation and notify of appeal recourse. 4. Be served upon the owner or agent or occupant, as the case may require. Such notice sha11 be deemed to be properly served upon such owner or agent, or upon any such occupa.rit, if a copy thereof is: a. Served upon owner, agent or occupant personally; or b.' Sent by l class mail to his/her last known address; ar c. Upon failure to effect notice through (a) and (b) as set out in this section, posted at a conspicuous place in or about the building, or portion thereof, which is affected by the notice. Violations may be cited by the City and prosecuted, and license suspension, revocation or non-renewal may be undertaken by the City whether or not a compliance order has been issued. Section 12-1202. RIGHT OF APPEAL. When it is alleged by any person to whom a compliance order is directed that such compliance order is based upon erroneous interpretation of this Ordinance, such person may appeal the compliance order to the City Council sitting as a board of appeals. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee as set forth per council resolution, in cash or cashier's check, and must be filed with the department of planning and inspection within five (5) business days after service of �24] the compliance order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless such a stay would cause imminent peril to life, health, or property. Section 12-1203. BOARD OF APPEALS DECISION. Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal, and within thirty (30) days after said appeal is filed, the board of appeals shall hold a hearing thereon, taking into consideration any advice and recommendation from the advisory housing commission. The board of appeals may reverse, modify, or affirm, in whole or in part, the compliance order and may order return of all or part of the filing fee if the appeal is upheld. Section 12-1204. RESTRICTIONS ON TRANSFER��OWNERSHIl'. It sha11 be unlawful for the owner of any building, or portion thereof, upon whom a pending compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose theieof to another person until the provisions of the tag or compliance order have been complied with, unless such owner shall furnish to the grantee, lessee, or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledging. Anyone securing an interest in the building, or portion thereof, who has received notice of the existence of a violation tag or c�mpliance order sha11 be bound by same without further service of notice and shall be liable to all penaltie� and procedures provided by this Ordinance. Section 12-1205. PENALTIES. Any person who fails to comply with a compliance order after right of appeal has expired, and any person who fails to comply„with a modified compliance order within the time s�t�#lierein;� upon conviction therefcir shall be punished by a fine not to exceed one thousand dollars�:($1,000) or b� unprisonment not�to exceetl��ninety (90) days or both, together with the costs of prosecution. Each day of such failure to comply shall constitute a separate punishable offense. Section 12-1206: :EXECUTION OF COMPLIANCE ORDERS BY PUBLIC AUTHORITY. Upon faiYure to comply with> a compliance order within the time set therein and no appeal having been taken; or upon failure to comply with a modified compliance order within the time set therein, the criminal penalty esta.blished hereunder notwithstanding, the City Council may, by resolution, following a hearing upon not less than ten (10) days notice to the landowner cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, Chapter 429, but the assessment sha11 be payable in a single installment. Section 12-1301. ALTERNATIVE SANCTIONS. Notwithstanding the availability of the foregoing compliance procedures and the penalties, whenever the compliance official detertnines that any building, or portion thereof, or the premises surrounding any of these fails to meet the requirements set forth in this Ordinance, the compliance official may issue a violation tag sununoning the responsible person into court or request the issuance of a criminal complaint and arrest warrant. Section 12-1302. PENALTIES. Any person violating any of the provisions of this Ordinance by doing any act or omitting to do any act which constitutes a breach of any section of this [25] Ordinance, sha11, upon conviction thereof by lawful authority, be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Each day that a violation continues shall be deemed a separate punishable offense. No provision of this Ordinance designating the duties of any official or employee of the City shall be so construed as to make such official or employee liable for the penalty provided in this section because of failure to perform such duty, unless the intention of the City Council to impose such penalty on such official or employee is specifically and clearly expressed in the section creating the duty. Section 12-1401. SEPARABILITY. Every section, provision, or part of this Ordinance is declared separable from every other section, provision, or part to the extent that if any section, provision or part of the Ordinance shall be held invalid, it shall not invalidate any other section, provision or part thereof. [26] S u ccess n d i cato rs Draft May 14, 2008 Team Members Lee Gatlin Clara Hilger Patty Hartwig Scott Nadeau Rental Housing Improvement Strategy Success Indicator Team i Draft May 14, 2008 Success Indicators Success indicators are organized under individual goals at this time to indicate the thought process in developing success indicators for each goal. However, success indicators often apply to several goals. In some cases, methods of gathering data will need to be established for baseline indicators or benchmarking. In addition to monitoring success indicators, other internal systems may be required to re-visit city regulations and policies to ensure they are eifective and efficient ��and meet community, Council, and staff expectations. Goal #1 We will influence local and state re�ulations and aolicv to promote aualitv rental housin�. For properties that have been foreclosed,_ a rate of will be re-occupied by homeowner. (Consider percentage c�f rentaf properties existing in city, etc.) Annual audits. of��°subsidized housing pro�rams:, �pproval and denial process �for participants dvill�achieve a�compliance�rate�of no less �than 98% with regulations and policies of Metro HRA. A State law that effectively!addresses location of residential care facilities/group homes wil(,be passed to improve �cities abi�ity,to addi'ess cluster issues. Crirrie calls for��service to �rental properties, including Section 8(or subsidized), �will be �re�luced to the sarrie �evel of owner occupied properties. Goal #2 Effective.communication and citizen en�a�ement efforts will assure that all cultures and �enerations of :rental nroaertv owners. occuaants. and nei�hbors embrace communitv sfandarcls:�value and pride. Survey results indicate residents (including renters), property owners and other stakeholders are knowledgeable about resources available regarding rental properties. (Need baseline data.) of renters and investment owners/landlords who report satisfaction with communication and engagement efforts. (Need baseline data.J Property code violations per rental unit will be reduced to levels consistent with or lower than levels in owner occupied properties. Participation of citizens (including renters and landlords) in targeted programs will increase to as a measure of community engagement. Those targeted programs Page 1 of 3 would include, but are not limited to civic events, recreation programs, educational programming, civic groups or organizations. Participation of renters and landlord in rental related programs with increase to Those targeted programs would include, but are not limited to Association of Rental Managers, New Americans Academy, etc. Goal #3 Brooklvn Center will be reco�nized for its' diverse hi�h aualitv rental housin� in an attractive, maintained, and well-mana�ed citv. Incidences of graffiti will be reduced to (Need:bdseline data.J Survey results will demonstrate high degree of posit public perception regarding corr►munity attractiveness and livability. (Neec��6aseline�data.J �3 All city property will meet or exceed property��codes I.e: weeds, trees, paint, graffiti, etc. Other government agencies will meet or exceed property cotles and maintain property in a safe, clean and appealing condition. This would include Federal, State and County Agencies, Metropolitan Transit Commission, School,Districts. All city sectors� maintain a�livability quotient,of:�: or lower. (Need to establish criteria.) Strate�y 13— Revitalize Substandard Rental Property through,Redevelopment and Home Improvement efforts. Redevelop number of distressed rental properties each year as part of a comprehensive redevelopment program. Overall property values will improve and at a rate that exceeds comparable communities. Strateg��4- Promote a variety of housing to encourage mixed housing types and prevent concer�tr,ation of rental,properties�in a neighborhood. The �alance of rental property would consist of 25% high-end, 50% middle income, and ��25% loviier end or subsidized. (Need to derermine�current conditions,�benchmarks, etc.) The proportion of home, ownership will increase to (Determine indicator and benchmark- homestead status, etc.) Goal #4 Citv operations. policies and re�ulations will supaort and encoura�e well-cared for rental properties. while promotin� accountabilitv and aositive actions bv owners and occupants. A periodic audit of the completed rental inspections will verify compliance with inspection standards. (Note: Conducted by supervisors of staff) A periodic audit of rental housing licenses issued will verify compliance with policies and procedures. Page 2 of 3 Rental property license applications are processed within days. Note: Application includes compliance with all city regulations (utility payments, fee subrnitted, passing rental inspection, or enforcement actions initiated. 100% compliance found during initial rental inspection for new and renewal rental license applications. I Page 3 of 3 Work Session Agenda Item No. 4 City of �rooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION TO: City Council FROM: Curt Boganey, City Manag�%�� DATE: May 22, 2008 SUBJECT: Council Member Salaries 2009 and 2010 COUNCIL ACTION REQUIRED The Council may accept or amend the recommendation of the Financial Commission. Failing to act before January 1, 2009 would result in no change in Council Salaries far 2009 0� 2010. BACKGROUND City Council Policy 2.2 establishes policies and procedures for establishing total compensation for elected officials. In accordance with this policy the City Manager prepared the required report which was submitted to the Financial Commission for review. The Financial Commission met on May 1, 2008 and made a finding that the current compensation of the City Council and Mayor relative to the agreed upon comparison cities is about 110% and 108% above the median respectively. Given the findings the Commission has recommended a 2% increase for City Council compensation in 2009 and a 2% increase in 2010. COUNCIL POLICY ISSUES Is the recommendation consistent with established Council Policy? Is the recommendation fair and reasonable? 052708.salazies.worksession.. doc 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org V emorandum Date: 6 Ma 2008 Y To: Mayor Tim Willson From. Mark Nemec, Chair, Financial Commission Re: Mayor and City Council wages for 2009 and 2010 The Financial Commission met on Thursday, May 1, 2008 to discuss the compensation for the Mayor and City Council Members of Brooklyn Center. The Commission is required to consider the compensation levels for the Mayor and Council every two years under City Council Code of Policies Section 2.05(3)(C). The attached chart was presented giving comparable wages for the Comparison Cities named in the Council's policy. These showed the Mayor and Council currently above the average and median in comparison to others. The Commission also discussed the time and effort put into the jobs of being Mayor or being a Council Member. It was pointed out that besides the 24 semi-monthly meetings of the Council there are also 12 special session of the Council called for studying various issues on the Council's Meeting Schedule. Each Council member is also assigned to one or more Commissions as a liaison member which requires additional monthly or quarterly meetings. In addition, Council members must prepare for meetings by reviewing materials. There are also community events and civic functions attended by Brooklyn Center's elected officials. While the number and type of events varies from member to member, all members participate in public functions as visible representatives of the City's government. Finally, the Mayor and Council Members are available to the public through telephone and e- mail contact. Each month the members of the governing body spend time reading, listening to, and responding to ideas, concerns and feedback from citizens of the community. All of these activities together take a significant amount of time, in the opinion of the Commission, in I and should be compensated accord g y It is recommended, therefore, by unanimous vote of the Financial Commission that the Mayor and City Council members receive an increase of 2% on their base wage for 2009 and an additional 2% raise for 2010. The resulting wages would be as follows: 2009 2010 Mayor 11,166 per year 11,389 per year City Council Member 8,549 per year 8,720 per year These increases would add a total of 891 to the 2009 budget and an additional 907 beyond the 2009 amount to the 2010 budget. City of Brooklyn Center Comparative Mayor and Council Wages Fiscal Years 2005 through 2008 l 2007 2005 2006 2007 2008 City Population Mayar Council Mayor Council Mayor Council Mayor Council Golden Valley 20,510 11,619 8,696 11,619 8,696 11,619 8,696 11,619 8,696 Maplewood 36,279 10,983 9,666 11,752 10,343 11,752 10,343 12,302 10,827 Fridley 26,679 9,893 8,074 9,926 8,153 10,213 8,382 10,213 8,382 Richfield 33,667 9,042 7,019 9,313 7,230 9,360 7,266 9,360 7,266 New Hope 20,747 10,672 7,553 10,672 7,553 10,672 7,553 10,672 7,553 Roseville 33,882 9,300 T,020 9,300 7,020 9,300 7,020 9,300 7,020 Crystal 22,595 9,410 7,239 9,410 7,239 9,692 7,456 9,983 7,680 White Bear Lake 24,927 7,680 5,400 7,680 5,400 7,680 5,400 7,680 5,400 Brooklyn Center 28,137 10,522 8,056 10,732 8,217 10,732 8,217 10,947 8,381 Shoreview 25,964 8,376 6,204 8,376 6,204 8,712 6,456 8,712 6,456 Average 9,750 7,493 9,878 7,606 9,973 7,679 10,079 7,766 Median 9,652 7,396 9,668 7,396 9,952 7,504 10,098 7,617 Brooklyn Center as a% of: Average 107.92% 107.52% 108.65% 108.04% 107.61 107.01 108.61 107.92% Median 109.01 108.92% 111.01 111.10% 107.84% 109.50% 108.41 110.03% Notes: Fridle� Payment amount is for Councilmember-at-Large. Ward Councilmember receives 7,426. City provides laptop computers. Golden Vallev: pays per diem of 50 per extra meeting to a maximum of 150 per month. New Hoae: pays per diem of 25 per EDA meeting, provides laptop computer and DSL service at residence. I Brooklvn Center: Rolled technology reimbursement into base wage in 2000. Population statistics from LMC 2007 Directory of City Officials coun gecomp 22/2008 Council Member Compensation $12,000 $ZO,000 $s,000 f: u 3� ,��i j: $6,000 $4,000 $2,000 �.�ii White Bear Shoreview Roseville Richfield New Hope Crystal Brooklyn Fridley Golden Valley Maplewood Lake Center II Mayor Compensation $14,000 $12,000 zy ��4 $10,000 x� 000 Y I d 3 3 f f I a 3 $6,000 r 3 $4,000 $2,000 5 I I White Bear Shoreview Roseville Richfield Crystal Fridley New Hope Brooklyn Golden Valley Maplewood Lake Center i i i�emorandum Date: 25 April 2008 To: Financial Commission From: Curt Boganey, City Mana��'j�' Daniel Jordet, Director of Fiscal Support Services Re: City Council Compensation for 2009 and 2010 Every other year it is the responsibility of the Financial Commission to review the City Council's compensation and recommend a compensation level for the ensuing two years. This was last done in 2006. The Commission must present a recommendation to the City Manager In the City Council Code of Policies, section 2A5 deals with City Council compensation (copy attached). StafF has compiled the comparative compensation numbers for the Councils in the cities named in the policy. Graphic comparisons of the 2008 compensation numbers are also included. In earlier Commission reviews of Council compensation the goal of the recommendation has been to keep Brooklyn Center's City Council compensation at or above the median of the comparison cities. The comparison chart indicates the mean and median levels for both Mayor and Cauncil Members for the past four years. In the past, the Chair of the Financial Commission has seen fit to appoint a subcommittee of the Commission to review these materials and make a- recommendation to the full Commission before passing the recommendation on to the City Council for its consideration. There is, however, no requirement that a subcommittee meet to discuss the matter before it is considered by the full Commission. 21 SECTION II GENERAL POLICIES City Council Code ofPolicies 2.05 Policy and Procedure on Mayor and Council Member Total Compensation L Need for Policy The community is entitled to a clearly articulated, written description of the policy and procedure for establishing the total compensation of local elected officials. 2. Policy A. Service on the City Council is a civic obligation and an honor. The total compensation of the Mayor and Council Members should, therefore, not encourage candidacies based on monetary rather than public service objectives. However, the compensation of Broolclyn Center elected officials shall be fair and equitable in arder to attract qualified candidates for local elective office. B. The propriety of the compensation levels of the Mayor and Council Members shall be evaluated through comparisons with compensation paid, to similar officials within the seven county metropolitan area. C. The compensation levels of elected officials should be regularly reviewed and adjusted to ensure compliance with the objectives of this policy and to avoid the need for drastic or sudden compensation adjustments. D. Compensation set ursuant to this olic a p p y nd procedure shall be deemed to be the total compensation for elected officials of the City with the exception of expense reimbursement which shall be the same as provided all other City employees. 3. Procedure A. The City Manager shall biennially prepare a compensation report that contains an analysis of the compensation paid to elected officials of Minneapolis-St. Paul Area Metropolitan cities haying a population within 10,000 of the City of Brooklyn Center that are generally fully developed Such grouping shall include the cities of Richfield, Roseville, Maplewood, Fridley, Shoreview, White Bear Lake, Crystal, New Hope, and Golden Valley, in addition to the City of Brooklyn Center. The report shall compute the average and median amounts paid to Mayors and Council Members and correlate survey results to the current compensation of Brooklyn Center elected City officials. The City Manager shall assemble such additional infarmation on compensation of City elected officials as may be requested to assist the Commission and Council in the' ir revie w of elected official s com ensati p on. E. Thc Crty Manag�r shall submit the compensation report to the City Council and the Financial Commission prior to June 1, for information pertaining to the applicable calendar year. Ciry of Brooklyn Center 03/10/08 Page 207 SECTION II GENERAL POLICIES City Council Code of Policies C. The Financial Commission shall biennially review the City Manager's compensation report and discuss possible budgetary and public perception impacts of the indicated changes. Prior to July 1 of the same year, the Commission shall recommend to the City Council that the compensation of the Mayor and Council Members either remain the same or be changed to some specific amount in the manner prescribed by law. D. Consistent with the City Charter, Section 2.07, the Mayor and Council Members may, after conducting public hearings, set their compensation by ordinance. No change in compensation shall be in effect until January l, following the next succeeding general election. 4. Authority The authority for establishing compensation for the Mayor and Council Members is found in Minnesota Statutes 415.11 and the City of Brooklyn Center Charter, Section 2.07. Reference: City Council Resolution No. 98-91; City Council Minutes 1/10/94 i Crt�� of Brrooklyn Center 03/10/08 Page 208