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HomeMy WebLinkAbout2014 04-14 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION April 14, 2014 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1.City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center April 14, 2014 AGENDA 1. Informal Open Forum with City Council — 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5.Pledge of Allegiance 6.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1.March 24, 2014— Study/Work Session 2.March 24, 2014 — Regular Session b. Licenses c. Approval of Joint Work Session Meetings with the Financial Commission and Special Meeting 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Rick Nelson for Over 33 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -2- April 14, 2014 b.Proclamation Congratulating the Park Center High School Girls Basketball Team on the 2013-2014 Class AAA Championship Requested Council Action: —Motion to adopt proclamation. c.Proclamation Declaring April 14, 2014, as "Youth in Government Day" in the City of Brooklyn Center, Minnesota Requested Council Action: —Motion to adopt proclamation. d. Proclamation Declaring April 25, 2014, as Arbor Day and May 2014 as Arbor Month in Brooklyn Center Requested Council Action: —Motion to adopt proclamation. e. Proclamation Declaring April 19-26, 2014, as the Great Shingle Creek Watershed Cleanup Week Requested Council Action: —Motion to adopt proclamation. f.Proclamation Declaring April 22, 2014, as Earth Day in Brooklyn Center Requested Council Action: —Motion to adopt proclamation. g.Brooklyn Bridge Alliance for Youth Update Requested Council Action: —None, presentation only. 8.Public Hearings —None. 9.Planning Commission Items —None. 10. Council Consideration Items a.Resolution Designating 2014 Planting List of Allowable Boulevard Tree Species Requested Council Action: —Motion to adopt resolution. b.Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA for the Twenty-Second Consecutive Year Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -3- April 14, 2014 c. Resolution Authorizing the Execution of a Limited Use Permit Agreement for the Three Rivers Park District Regional Trail (Segment SC-6B) between the City of Brooklyn Center and Three Rivers Park District, Hennepin County, Minnesota Requested Council Action: —Motion to adopt resolution. d. Resolution Authorizing Termination of Trail Agreements between the City of Brooklyn Center and Three Rivers Park District, Hennepin County, Minnesota Requested Council Action: —Motion to adopt resolution. e.Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2013-14, Storm Damage Repairs-Public Building Roofs Requested Council Action: —Motion to adopt resolution. f.Resolution Accepting Quotation and Awarding a Contract for 2014 Diseased Tree Removal and Tree Maintenance Program Requested Council Action: —Motion to adopt resolution. g. Review of Assessing Department Transitional Plan 1. Resolution Authorizing the Execution of a Two Year Contract with Hennepin County for Assessing Services Requested Council Action: —Motion to adopt resolution. 2. Resolution Authorizing Transitional Plan For Assessing Department Requested Council Action: —Motion to adopt resolution. h. Consideration of Type IV 6-Month Provisional Rental License for 7013 Fremont Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. CITY COUNCIL AGENDA -4- April 14, 2014 i. Consideration of Type IV 6-Month Provisional Rental License for 5540 Knox Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. Consideration of Type IV 6-Month Provisional Rental License for 6012 York Avenue North 1. Resolution Approving a Type IV Rental License for 6012 York Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. k. Mayoral Appointment of Member to Serve on Financial Commission Requested Council Action: —Motion to ratify Mayoral nomination. 11.Council Report 12.Adjournment City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 24, 2014 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lawrence-Anderson requested clarification regarding Regular Session Agenda Item 6j, which relates to a modification of retirement benefits for City employees. City Manager Curt Boganey stated a City Police Department employee had asked whether some employees could receive their retirement benefit in a lump sum in lieu of payments. He added recent legislature was passed modifying retirement programs for police officers. Mr. Boganey stated City staff reviewed this issue and discovered this option is available to certain employees under IRS rules with no risk or additional liability to the City. Mayor Willson asked this seems to be a positive situation for both the City and eligible retiring employees. He asked where funding for lump sum payments would be generated. Mr. Boganey stated the City is legally required to fund the liability associated with retirement benefits, and funding is therefore currently available for this use. Councilmember Lawrence-Anderson thanked Mr. Boganey for this clarification. Councilmember Ryan stated he agreed this proposed option contributes to a positive work environment for City staff. Mayor Willson stressed the importance of supporting City staff and showing appreciation for the value of the work they do for the residents of Brooklyn Center. 03/24/14 -1- DRAFT Mr. Boganey stated he met with a post-retirement fund program specialist, who indicated that employees who take advantage of the lump-sum contribution will receive the benefit of tax-free investments. He added this option would provide value, potential and flexibility for eligible City employees. Councilmember Ryan asked whether the amended ordinance for Item 6j received by the City Council should replace the copy included in the meeting packet. Mr. Boganey confirmed this, and added that the City Council might wish to discuss this issue further. He recommended that this agenda item be removed from the Consent Agenda and considered on the Regular Agenda. It was the majority consensus of the City Council to consider Consent Agenda Item 6j as Regular Session Agenda Item 10d. MISCELLANEOUS City Council Work Session with Auditor, June 2014 — Date Change Mayor Willson stated he is unable to attend the City Council Work Session with the Auditor and Financial Commission scheduled for June 2, 2014. He requested that the Work Session be rescheduled for June 3, 2014. Mr. Boganey agreed to confirm that date with the auditors and Financial Commissioners. It was the majority consensus of the City Council to move the Work Session with Auditor and Financial Commission to June 3, 2014, if that date is acceptable to the other attendees. Annual Councilmember's Retreat Mayor Willson stated the City Council usually has an annual retreat, and a possible date should be considered for this event. He added it could probably wait until January 2015, after a new Councilmember is elected. Mr. Boganey agreed, and stressed the importance of having strategic priorities in place for a few years. He added a January 2015 date would give City staff time to prepare updates related to items that were identified at the last Councilmember annual retreat. It was the majority consensus of the City Council to schedule the Councilmembers annual retreat in January 2015. Housing Commission — Request for Multiple Languages Brochure Councilmember Kleven stated she attended the Housing Commission meeting on March 18, 2014. She added the Commission has requested the City Council's review of possible funding sources to support a housing brochure to be translated into multiple languages She noted this brochure would be included in the welcome packet that is distributed to new residents of Brooklyn Center. Mayor Willson stated a multi-language housing brochure would be in the best interests of the City's diverse cultural community. Mr. Boganey stated inclusion and diversity are direct strategic priorities of the City Council, and it would probably be unnecessary to research funding opportunities. Mr. Boganey stated that the Housing Commission could be asked to identify specific pieces of information that they think are most critical to new residents. He added a language -2- DRAFT03/24/14 subcommittee identified five key languages that are prevalent in Brooklyn Center. He noted that some information in the welcome packet might overlap with documents already being produced by City staff. Mayor Willson requested that Councilmember Kleven contact the Housing Commission and ask them to provide information that they think is important for new residents, to be forwarded to City staff. Councilmember Myszkowski thanked Councilmember Kleven for bringing this important issue to the City Council's attention. Vaping Devices Councilmember Myszkowski stated a recent New York Times article entitled "Selling a Poison by the Barrel: Liquid Nicotine for E-Cigarettes," (March 23, 2014) reviewed the effects of liquid nicotine used in e-cigarettes. She added it was the most frequently emailed New York Times article. Councilmember Myszkowski stated she would be out of town from March 30-April 2, 2014. Councilmember Lawrence-Anderson stated she is pleased that the City is being proactive in reviewing the issue of vaping devices, to avoid confusion and difficult situations in the future. She asked whether the City Council would consider further restrictions on vaping in public places. She added she has seen people vaping in retail stores and other indoor public places, and the City Council has not considered introducing an ordinance amendment to restrict that use. Councilmember Ryan stated it would be easier for the City to enact stricter legislation on this issue after the State Legislature provides clarification on certain language in the Minnesota Clean Indoor Air Act. Mayor Willson stated the City ordinance can be more strict than the State, but more difficult to enforce. Mayor Willson stated this issue is currently being discussed in the State Legislature and in other communities across the country. Councilmember Lawrence-Anderson stated residents should contact their legislators to express their opinion. Liberia Trip Delegation Mayor Willson stated the Liberia trip delegation meeting will be postponed, as Monique and Trey Drier are not available on March 25 2014. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS YOUTH IN GOVERNMENT DAY PLANNING Mr. Boganey introduced Director of Community Activities Jim Glasoe and invited him to address the City Council on this issue. Mr. Glasoe stated the Brooklyn Bridge Alliance seeks to provide educational opportunities for local youth, including activities and programs related to the workings of local government. He added that the Youth in Government Day, originally planned for March 24, 2014, has been 03/24/14 -3- DRAFT rescheduled to April 14, 2014. He added the number of participants and availability are still being determined. He noted the Alliance plans to recruit five local young people to participate in this event. He presented the proposed activities for the event as well as roles and responsibilities of the participants. Mr. Glasoe stated one of the day's proposed events would be an informational session with the City Council as well as a tour of the City facilities at 5:30 p.m., as well as participation in a City Council meeting. He added he hopes that the City Council will consider answering questions and talking about their roles as elected officials, as well as provide ideas for ways that youth can become active in local government. He noted the discussion could include issues that are currently being faced by the City Council and the residents of Brooklyn Center. He requested the City Council's availability and input on the proposed agenda and itinerary. Councilmember Myszkowski asked whether a bus would be used for the facilities tour. Mr. Glasoe stated that has not been determined. He added the final itinerary has not been finalized either. Councilmember Myszkowski asked whether the five young people and five Councilmembers will all sit at the Council table. Mr. Glasoe stated the details have not been finalized, but this format was used in Brooklyn Park recently, and it seemed to go relatively well. Councilmember Ryan asked what criteria are being used to select youth participants. Mr. Glasoe stated participants are being chosen based on their active involvement in community life and events. Councilmember Kleven stated their families will want to come and see them in action, and the events should be visible. Mr. Boganey stated City staff has been given the task of identifying specific work session related discussion items that would be of particular interest to the City Council. He added he hopes to provide conversation and discussion for the young people that will give them the most realistic experience they could have. He noted the City Council may want to ask questions and request feedback and fresh perspective regarding issues on which they would like to receive direct input, and which might inform their judgment on some future decision. Councilmember Lawrence-Anderson asked whether the youth participants could be polled ahead of time, to determine if there are any issues that are of particular interest to them. She added they might have some ideas about topics they would like to discuss that may be of future benefit to them as well as to the City Council. Councilmember Myszkowski agreed, adding she would like to get feedback and comments on the issue of raising the legal age to purchase tobacco to 21 years of age. She added the City Attorney is currently researching that issue, and a discussion with the Youth in Government group would probably be helpful. Councilmember Lawrence-Anderson asked whether the City Councilmembers would be welcome to go along on the tour of City facilities. Mayor Willson confirmed this. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to close the Work Session meeting at 6:44 p.m. 03/24/14 -4- DRAFT ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Mayor Willson adjourned the Study Session to Informal Open Forum at 6:45 p.m. RECONVENE STUDY SESSION Mayor Willson reconvened the Study Session at 6:48 p.m. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:50 p.m. 03/24/14 -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 REGULAR SESSION MARCH 24, 2014 CITY HALL — COUNCIL CHAMBERS I. 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 Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Kleven seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Kleven introduced Reverend Bernard Bouissieres of Brookdale Christian Center Assembly of God, who led the invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL -1- DRAFT03/24/14 Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6.APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda, as amended, to remove Consent Agenda Item 6j, An Ordinance Amending Chapter 23 of the City Code of Ordinance Relating to Tobacco Related Product, for consideration as 10d, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.March 10, 2014— Study Session 2.March 10, 2014 — Regular Session 3. March 10, 2014 — Work Session 6b. LICENSES MECHANICAL Archer Mechanical Air Corps LLC Air Mechanical, Inc. CenterPoint Energy Fireplace Gallery Fireside Hearth & Home Go Fetsch Mechanical LLC Harris Companies Heating & Cooling Two Jay Hawk Mechanical Kath HVAC Marsh Heating & A/C Metro Mechanical Contractors Minnesota Petroleum Service Pronto Heating & A/C Quality Refrigeration RF Lesch, Inc. RENTAL INITIAL (TYPE — two -year license) 1614 Cliff Road E, Burnsville 2230 Terminal Road, Roseville 16411 Aberdeen Street NE, Ham Lake 9320 Evergreen Boulevard, Coon Rapids 433 E Main Street, Anoka 2700 Fairview Avenue N, Roseville 25884 Quail Ridge Trail, Lindstrom 909 Montreal Circle, St. Paul 18550 County Road 81, Maple Grove 3307 N 2 nd Street, Minneapolis 3096 Rice Street, Little Canada 6248 Lakeland Ave, Brooklyn Park 7450 Flying Cloud Drive, Eden Prairie 682 39 th Avenue NE, Minneapolis 7500 Washington Avenue S, Eden Prairie 6237 Penn Avenue S, Richfield 5518 Lost Horizon Circle SE, Prior Lake 03/24/14 -2- DRAFT 1343 67 th Lane N 5112 70 th Avenue N 6001 Admiral Place 6615 Camden Drive 6930 Oliver Avenue N Passed w/ Weather Deferral 7045 Unity Avenue N RENEWAL (TYPE III— one-year license) 5914 Fremont Avenue N Passed w/ Weather Deferral 5727 James Avenue N Passed w/Weather Deferral 4318 Winchester Lane RENEWAL (TYPE II — two-year license) 515 62" Avenue N 5603 Bryant Avenue N Passed w/Weather Deferral 5935 Dupont Avenue N Passed w/ Weather Deferral 5818 Humboldt Avenue N 7219 June Avenue N 5406 Sailor Lane RENEWAL (TYPE I— three-year license) 7015 Brooklyn Boulevard Willow Lane Apartments 5348 70 th Circle 7211 Girard Avenue N 5524 Logan Avenue N 6906 Newton Avenue N 6807 Quail Avenue N John Caneday Natan Zadik — Invitation Homes Natan Zadik — Invitation Homes Calvin Johnson Robert Lindahl Abideen Ajibola Queena Sloan — missing all requirements Amelia Zachariason Deepak Nath Wendi Agness Michael Skrogstad Gina Dumas Richard Olson Christian Restoration Services James Waters Jason Quilling Deepak Nath Tommy Vang Mark Olson Eric Syrstad Paul Pham 6c.RESOLUTION NO. 2014-36 APPROVING A REVISED CREDIT CARD USE POLICY 6d.RESOLUTION NO. 2014-37 APPROVING THE LABOR AGREEMENT FOR LAW ENFORCEMENT SERVICES (LELS) LOCAL 82 (POLICE OFFICERS AND DETECTIVES) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2014 AND 2015 6e. RESOLUTION NO. 2014-38 ADOPTING THE CITY OF BROOKLYN CENTER PEDESTRIAN AND BICYCLE PLAN AS A PLANNING AND DEVELOPMENT GUIDE 03/24/14 -3- DRAFT 6f.RESOLUTION NO. 2014-39 ESTABLISHING IMPROVEMENT PROJECT NOS. 2015-01, 02, 03 AND 04, FREEWAY PARK AREA STREET AND UTILITY IMPROVEMENTS 6g.RESOLUTION NO. 2014-40 ESTABLISHING IMPROVEMENT PROJECT NOS. 2015-05, 06, 07 AND 08, 63 RD AVENUE NORTH STREET AND UTILITY IMPROVEMENTS 6h.RESOLUTION NO. 2014-41 PROVIDING A SIX MONTH EXTENSION TO THE TIME PERIOD FOR THE APPROVAL OF THE BRI MAR 3 RD ADDITION FINAL PLAT 6i.APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY MIRACLE EMPOWERMENT CENTER, 5801 JOHN MARTIN DRIVE, FOR A SOCIAL EVENT TO BE HELD MAY 17, 2014 6j.RESOLUTION NO. 2014-42 AMENDING SECTION 9.5 OF THE CITY'S PERSONNEL RULES AND REGULATIONS BY MODIFYING BENEFITS FOR CITY RETIREES 6k.AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES RELATING TO TOBACCO RELATED PRODUCTS This item was considered as Agenda Item 10d. Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING APRIL 1, 2014, AS NATIONAL SERVICE RECOGNITION DAY Mayor Willson read in full a Proclamation declaring April 1, 2014, as National Service Recognition Day in the City of Brooklyn Center, encouraging residents to recognize the positive impact of national service, to thank those who serve, and to find ways to give back to the community. Councilmember Myszkowski moved and Councilmember Kleven seconded to adopt a Proclamation declaring April 1, 2014, as National Service Recognition Day. Motion passed unanimously. 8.PUBLIC HEARINGS 8a. DANGEROUS AND POTENTIALLY DANGEROUS DOG HEARING FEES 03/24/14 -4- DRAFT Mr. Boganey presented this item and reviewed the proposed ordinance language change pertaining to dangerous dog fees. Councilmember Kleven moved and Councilmember Myszkowski seconded to open the public hearing. Motion passed unanimously. There were no comments. Councilmember Lawrence-Anderson moved and Councilmember Kleven seconded to close the public hearing. Motion passed unanimously. 1.ORDINANCE NO. 2014-03 AMENDING CHAPTER 1 OF THE CITY CODE OF ORDINANCES RELATING TO DANGEROUS AND POTENTIALLY DANGEROUS DOGS Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to adopt ORDINANCE NO. 2014-03, Amending Chapter 1 of the City Code of Ordinances related to Dangerous and Potentially Dangerous Dogs. Motion passed unanimously. 2.RESOLUTION NO. 2014-43 AMENDING THE CITY FEE SCHEDULE TO ADD HEARING FEES FOR DANGEROUS AND POTENTIALLY DANGEROUS DOGS Mr. Boganey stated this related resolution clarifies fees associated with the dangerous dog hearing process. Councilmember Kleven moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-43, amending the City Fee Schedule to add Hearing Fees for Dangerous and Potentially Dangerous Dogs. Motion passed unanimously. 8b. CONTINUED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS AND WEED REMOVAL COSTS Mr. Boganey presented this item and reviewed the continuation of special assessments from the City Council's last meeting. He introduced Assistant City Manager/Director of Building and Community Standards Vickie Schleuning and invited her to address the City Council. 03/24/14 -5- DRAFT Ms. Schleuning reviewed special assessments for five properties that were appealed at the City Council's March 10, 2014, meeting. She added staff has reviewed these cases and contacted the property owners to obtain additional information as needed, and to provide the property owners with details regarding the process. Ms. Schleuning stated City staff has prepared a memo for the City Council's review, which includes two options for the amended Special Assessment Certified Rolls, reflecting recommended changes. Ms. Schleuning stated the property owner at 6341 Halifax Drive indicated that she paid an amount for weeds and grass abatement on her HUD settlement statement. She added, after reviewing this case with HUD experts Luna and Luna LLP, City staff recommends that this amount be dismissed from the Certified Rolls. Ms. Schleuning stated the property owner at 5441 Dupont Avenue N indicated that he was injured and had paid someone else to cut his grass during this time. She added that City staff recommends that the full amount be specially assessed to the property, as the property owner was sent proper notice for the grass violations. Ms. Schleuning stated the property owner at 5815 Humboldt Avenue N indicated that he was not made aware of the grass violation when he purchased the property. She added the property owner felt he should not be responsible for fees incurred because the change in ownership occurred at that same time. She noted City staff recommends that the $150 administrative fee be waived and direct cost of $96.19 be specially assessed to the property. Ms. Schleuning stated the property owner at 6930 Halifax Avenue N indicated that she is not the current owner. She added the property owner has agreed to pay the full amount owed to avoid incurring further fees. She noted City staff recommends that the full amount be specially assessed to the property. Ms. Schleuning stated the property owner at 1606 Amy Lane indicated that the fee for tree removal may have been included in his closing costs settlement when he purchased the home. She added, after reviewing this case with HUD experts Luna and Luna LLP, City Staff recommends that the full amount be specially assessed to the property. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the public hearing. Motion passed unanimously. Alex Zoerb, 5815 Humboldt Avenue N, expressed his frustration at being charged an assessment fee for weeds abatement that took place on his property immediately after he purchased it. He added he was not made aware of the tall grass violation. He noted he would have taken care of the problem himself if he had known about it. 03/24/14 -6- DRAFT Mayor Willson stated, from the City's perspective, the abatement of weeds was undertaken with taxpayer dollars on this property. He added he understands Mr. Zoerb's frustration, but it is fair and reasonable to specially assess the property in question. Councilmember Ryan agreed, and asked whether Mr. Zoerb would have purchased the property if he had known about the special assessment. Mr. Zoerb confirmed this. He stated that he was not made aware of the violation. He added he believes it is not fair that he has only been given one month to pay the fee although it has been six months since the violation occurred. He noted that he is not able to afford the full amount that is being charged. Ms. Schleuning stated the amount of the special assessment would be added to the 2014 property tax, with additional interest added by Hennepin County, and the total amount can be pro-rated on a monthly basis. Mr. Zoerb stated he grew up in Brooklyn Center and has been a resident for 28 years. He added he looked for a property to purchase in the City so that he could stay within the community. He noted he is committed to mowing the lawn regularly and maintaining his property. Councilmember Ryan stated the City receives numerous complaints every year regarding properties with overgrown grass and weeds. He added it is necessary to enforce the ordinance in a proactive and consistent manner to address these complaints. Councilmember Lawrence-Anderson stated she hopes that Mr. Zoerb can appreciate the importance of a City-wide effort to address these complaints, and encourage residents to maintain neighborhoods and take care of their lawns. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the public hearing. 1.RESOLUTION NO. 2014-44 CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-44, certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 2.RESOLUTION NO. 2014-45 CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2014-45, certifying Special Assessments for Weed Removal Costs to the Hennepin County Tax Rolls. -7- DRAFT03/24/14 Motion passed unanimously. 9.PLANNING COMMISSION ITEMS -None. 10.COUNCIL CONSIDERATION ITEMS 10a.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5439 CAMDEN AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5439 Camden Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10b.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7000 JAMES AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Kleven moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 7000 James Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10c. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 3901 BURQUEST LANE Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. 1. RESOLUTION NO. 2014-46 APPROVING A TYPE IV RENTAL LICENSE FOR 3901 BURQUEST LANE 03/24/14 -8- DRAFT Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2014-46 Approving a Type IV Rental License for 3901 Burquest Lane with the requirement that the Mitigation Plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10d. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES RELATING TO TOBACCO RELATED PRODUCTS Mr. Boganey presented this item and reviewed the proposed amendment to the City ordinances pertaining to tobacco related products. He stated City staff researched this issue at the City Council's request. He added, under the amended ordinance, vapor producing devices will be considered the same as smoking devices. He noted City staff recommends the City Council's approval of setting the first and second readings of the proposed amended ordinance, as well as a public hearing for April 28, 2014. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve First Reading and set Second Reading and Public Hearing for April 28, 2014, for an Ordinance Amending Chapter 23 of the City Code of Ordinances, Relating to Tobacco Related Products. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: •March 11, 2014, Planning meeting for book sale to benefit Crime Prevention Association •March 12, 2014, City Council tour of Andover water treatment plant •March 13, 2014, Neighborhood Stabilization Program (NSP) — remodeled homes tour •March 17, 2014, Immigration and Law Enforcement Forum at Golden Valley City Hall, sponsored by Congressman Keith Ellison, featuring a presentation by Brooklyn Center Police Chief Kevin Benner •March 18, 2014, Neighborhood Watch Captain's meeting at West Fire Station •March 18, 2014, meeting in Brooklyn Park regarding proposed youth homeless shelter •April 6, 2014, Lions Club Pancake Breakfast at Brooklyn Center High School, 8 a.m.-Noon •April 9, 2014, Annual meeting of City Council and Volunteer City Commissions •April 11, 2014, Annual Volunteer Firefighter's Association Appreciation Dinner •April 13, 2014, Brooklyn Center Fire Department's Annual Pancake Breakfast at East Fire Station Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: •March 11, 2014, Brooklyn Center Women's Club Luncheon featuring speaker Mike Kline, Holocaust survivor; CEAP food drive and $1,300 raised for CEAP programs •March 11, 2014, Crime Prevention program 03/24/14 -9- DRAFT •March 12, 2014, City Council tour of Andover water treatment plant •March 12, 2014, visit to Brooklyn Center Library to view display of over 400 works of art by students in Robbinsdale School District •March 13, 2014, Association for Responsible Management (ARM) meeting featuring presentations on smoke-free apartments •March 13, 2013, meeting at Brooklyn Center High School regarding summer programs and activities for youth •March 13, 2014, Neighborhood Stabilization Program (NSP) - remodeled homes tour •March 15, 2014, judge at Robbinsdale Area Schools 5 th Annual Spelling Bee •March 17, 2014, Immigration and Law Enforcement Forum at Golden Valley City Hall, sponsored by Congressman Keith Ellison, featuring a presentation by Brooklyn Center Police Chief Kevin Benner •March 18, 2014, Health Fair at Brooklyn Center High School, providing information on free walk-in services, as well as dental and mental health appointments, for all children who live, or attend school, in Brooklyn Center •March 18, 2014, Neighborhood Watch Captains meeting at West Fire Station •March 18, 2014, Housing Commission meeting led by new Chair Zachary Marko, including discussion on welcome bags •March 19, 2014, Crime Prevention program •The Brooklyn Center Women's Club is giving two $1,000 scholarships to girls who live in Brooklyn Center. Applications must be received by April 4, 2014. For more information, contact Arlene Swanson (763-577-9789) •The Northwest Suburban Remodeling Fair will be held April 5, 2014, from 9 a.m.-3 p.m. at Crystal Community Center Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: •March 12, 2014, City Council tour of Andover water treatment plant •March 17, 2014, Immigration and Law Enforcement Forum at Golden Valley City Hall, sponsored by Congressman Keith Ellison, featuring a presentation by Brooklyn Center Police Chief Kevin Benner •March 18, 2014, Earle Brown Days Committee meeting •March 18, 2014, Park and Recreation Commission meeting •March 19, 2014, chaired CEAP Board meeting; expressed thanks to Brooklyn Center Women's Club for donation of $1,300 for CEAP programs; still accepting March FoodShare drive donations •March 22, 2014, Park Center High School Girls Basketball team won the Class 3A State Championship game in a 73-71 victory over Marshall, congratulations to the team and the entire community Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: •March 12, 2014, City Council tour of Andover water treatment plant •March 18, 2014, Earle Brown Days Committee meeting 03/24/14 -10- DRAFT •March 27, 2014, Brooklyn Center Business Association luncheon, featuring guest speaker Brooklyn Center City Manager Curt Boganey Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: •March 12, 2014, City Council tour of Andover water treatment plant •April 6, 2014, Lions Club Pancake Breakfast at Brooklyn Center High School, 8 a.m.-Noon •April 9, 2014, Annual meeting of City Council and Volunteer City Commissions •April 11, 2014, Annual Volunteer Firefighter's Association Appreciation Dinner •April 13, 2014, Brooklyn Center Fire Department's Annual Pancake Breakfast at East Fire Station •April 22, 2014, National Weather Service training at the West Fire Station •May 3, 2014, Annual Prayer Breakfast at Earle Brown Center •May 16, 2014, Brooklyn Center Crime Prevention Board golf fundraiser •June 18-20, 2014, League of Minnesota Cities' Annual Convention in St. Cloud •June 20-23, 2014, US Mayors Conference •June 26, 2014, Earle Brown Days parade 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 8:00 p.m. Motion passed unanimously. -11- DRAFT03/24/14 City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: April 8, 2014 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Cledc ViC SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on April 14, 2014. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. MECHANCIAL Assured Heating A/C Refrigeration Bonfe's Plumbing Heating & Air Comfort Makers Mechanical, LLC Comfort Matters Heating & Cooling Inc. Infinity Heating & Air Conditioning McChesney Heating & A/C St. Cloud Refrigeration Superior Heating, A/C & Electrical UHL Company Inc. MOTOR VEHICLE DEALERSHIP Luther Brookdale Buick GMC Luther Brookdale Chevrolet Luther Brookdale Honda Luther Brookdale Mitsubishi Luther Brookdale Toyota Scion RENTAL See attached report. 13571 Balsam Lane N, Dayton 505 Randolph Avenue, St. Paul 7018 Knox Avenue N, Brooklyn Center 11238 River Road NE, Hanover 1017 Meadowwood Drive, Brooklyn Park 8231 175 th Avenue SE, Becker 604 Lincoln Avenue NE, St. Cloud 3731 Thurston Avenue, Anoka 9065 Zachary Lane, Maple Grove 4301 68 th Avenue N 6701 Brooklyn Blvd 6800 Brooklyn Blvd 7235 Brooklyn Blvd 6700 Brooklyn Blvd Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life fir all people and preserves the public trust 0-1Type I — 3 Year 1-2 units 3+ units 0-0,75 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type 11-2 Year 1-2 units 3+ units Greater than 1 but not more than 4 Greater than 0.75 but not more than 1.5 Type III — 1 Year Type IV —6 Months 1-2 units 3+ units 1-2 units 3+ units Greater than 4 but not more than 8 Greater than 1.5 but not more than 3 Greater than 8 Greater than 3 COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03-08-10 No Category Impact 1-2 0-1 3-4 units 0-0 25 5 or more units 0-0.35 Decrease 1 Category . , 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. . . ..„ Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of for all people and preserves the public trust Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** 2833 67th Ln N Single Family Initial Konrad Wagner 3 II N/A II 5043 Brooklyn Blvd Single Family Initial Invitation Homes 0 II N/A II 1900 Brookview Dr Passed w/Weather Deferral Single Family Initial Invitation Homes 1 II N/A II 5448 Camden Ave N Single Family Initial James Matthias 4 II N/A II 5826 Ewing Ave N Single Family Initial Robert Greeley 0 II N/A II 5410 Girard Ave N Single Family Initial Doug Wahl 2 II N/A II 6331 Indiana Ave N Single Family Initial Invitation Homes 3 II N/A II 5801 Irving Ave N Passed w/Weather Deferral Single Family Initial Invitation Homes 5 III N/A III 7141 Newton Ave N Single Family Initial Invitation Homes 3 II N/A II 5814 Pearson Dr Single Family Initial Invitation Homes 5 III N/A III 7049 Regent Ave N Single Family Initial Kimberly Magel 0 II N/A II 7243 Riverdale Rd Single Family Initial Invitation Homes 0 II N/A II 6718 Scott Ave N Single Family Initial Invitation Homes 0 II N/A II 4200 Woodbine La Single Family Initial Brent Berg 0 II N/A II 407 70th Ave N River Glen Apts 8 Bldgs 128 Units Renewal Gary Brummer 96 .75/Unit I 34 .27/Unit I I 5301 Dupont Ave N 1 Bldg 6 Units Renewal Braj Prakash Agrawal 5 .83/Unit II 0 II IV 4200 Lakebreeze Ave 1 Bldg 4 Units Renewal Michael Lattery 3 .75/Unit I 0 I III 5637-39 Girard Ave N Passed w/Weather Deferral Two Family (2)Renewal Earl and Evalyn Krueth 2 1.0/Unit I 0 I I 3006 63rd Ave N Single Family Renewal John and Anita Landry 2 II 0 II I 5325 70th Cir Single Family Renewal Doug Wahl 1 I 0 I I 5321 71st Cir Single Family Renewal Pramod Khakural 0 I 0 I III 5825 Colfax Ave N Single Family Renewal Brahana Tsegaye 5 III 0 III II 5857 Colfax Ave N Single Family Renewal Doug Wahl 1 I 1 I I 5207 Drew Ave N Single Family Renewal Sarah Vogt 0 I 0 I II 5856 Dupont Ave N Single Family Renewal Jack Froelke 1 I 0 I I 6343 Dupont Ave N Single Family Renewal Daniel Yesnes 1 I 0 I IV 5113 Ewing Ave N Single Family Renewal Angela Baumann 4 II 0 II II Rental Licenses for Council Approval on April 14, 2014 Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** Rental Licenses for Council Approval on April 14, 2014 5901 Ewing Ave N Single Family Renewal Cher Xiong 1 I 0 I III 5248 France Ave N Single Family Renewal Gary Scherber 2 II 0 II II 5420 Fremont Ave N Passed w/Weather Deferral Single Family Renewal Ross Herman 1 I 1 I III 2741 Freeway Blvd Single Family Renewal Motel 6, 1460 2 II 0 II I 7131 Halifax Ave N Single Family Renewal Open Hands Inc.3 II 0 II I 5325 Knox Ave N Single Family Renewal Donovan Gilbert 0 I 0 I III 4113 Lakebreeze Ave Single Family Renewal Pamela Grover 6 III 0 III II 4714 Lakeview Ave N Passed w/Weather Deferral Single Family Renewal Gary Scherber 3 II 0 II II 6573 Riverwood La Single Family Renewal Betty Gundersen-Hargan 0 II 0 II I 4201 Winchester La Single Family Renewal Theresa Burns/Eric Poehler 5 III 0 III II 4714 Wingard La Single Family Renewal Heeyoon Kim 4 II 0 II IV * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.) ** License Type Being Issued Type I = 3 Year Type II = 2 Year Type III = 1 Year *** Initial licenses will not show a previous license type All are current on City utilities and property taxes City Council Agenda Item N 11 6c COUNCIL, TEN - IVI OFANDUM DATE: April 14, 2014 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director M1- SUBJECT: Meeting Schedule for 2015-2016 Budget Recommendation: It is recommended that the City Council consider a motion approving the following budget planning and approval dates. The schedule includes joint work session meetings with the Financial Commission. Background: These meetings will be held to discuss the development of the budget document for the 2015 fiscal year with projections for the 2016 fiscal year. The meetings are all to be held at 6:30 PM on Mondays (unless otherwise noted) in the City Council Chambers at City Hall. It is requested that the Council approve placement of these dates on the official calendar of Council meetings. Monday, December 1, 2014 has been reserved for a public hearing on the proposed budget and levy. The intention is to schedule this meeting as a special meeting which will allow City Council to approve the proposed budget and levy following the public hearing. Date June 3, 2014 July 7, 2014 July 21, 2014 August 4, 2014 August 18, 2014 October 6, 2014 October 20, 2014 November 3, 2014 December 1, 2014 Topic CAFR Presentation and Auditor's Report (Tuesday) Capital Improvement Plan, Capital Project Funds General Fund General Fund General Fund Special Revenue Funds, Debt Service Funds, Internal Service Funds Utility Funds and Rates Enterprise Funds Public Hearing & Proposed Adoption of Budget and Levy (6:00 pm) Attached is a listing of the dates and topics for City Council actions on the 2015/16. II/fission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust City Council and Financial Commission Budget Schedule for 2015-2016 June 3, 2014 Tuesday Work Session CAFR Presentation and Auditors Report July 7, 2014 Monday Work Session Capital Improvement Plan and Capital Project Funds July 21, 2014 Monday Work Session General Fund — Revenue/Department Requests August 4, 2014 Monday Work Session General Fund — Department Requests August 18, 2014 Monday Work Session General Fund — Department Requests September 8, 2014 Monday Regular City Council Meeting Proposed adoption of preliminary levy and preliminary governmental funds budgets October 6, 2014 Monday Work Session Special Revenue Funds, Debt Service Funds Internal Service Funds October 20, 2014 Monday Work Session Utility Funds November 3, 2014 Monday Work Session Enterprise Funds November 24, 2014 Monday Regular City Council Meeting Proposed adoption of the 2015 pay plan, 2015 cafeteria contribution and 2015 utility rates December 1, 2014 Monday Special City Council Meeting Public hearing on the recommended budget and levy followed by proposed adoption of final tax levies and budgets December 8, 2014 Monday Regular City Council Meeting Continuation, if needed, of recommended budget and levy discussion/approval El El El El El El El ,-) u (Y) tr) (0 (0a'VI VI (0 .‘.2 -2CU a 0,j _ • C W 1.1- 0 CO V, a.CC .0 To =*-, E E 71o„,„, = (1) 7 -a w 4--,O 0_ c co ......v- CU., 0 (..)C . -Ea, oE '-o a,•C o_ vl ra o ,_o CU <O a...., -a 7C COa)u. >a)i'''_ cc ,11C 72-a, a,O o_ul City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM DATE: April 2, 2014 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Recognition and Appreciation of Rick Nelson for Over 33 Years of Dedicated Service to the City Of Brooklyn Center Recommendation: It is recommended that the City Council consider approval/adoption of a resolution recognizing the dedicated public service of Rick Nelson. Background: Rick Nelson has retired from his position of Maintenance Custodian after more than thirty three years of service to the City. Rick began his employment with the City of Brooklyn Center on June 14, 1980 and retired on March 31, 2014. Rick's efforts provided for safe, clean and healthy environments for people to work and recreate. It is highly fitting the City Council recognize Rick's years of service and his contributions to the City and to the community. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Civic Engagement Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF RICK NELSON FOR OVER 33 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Rick began his employment with the City of Brooklyn Center as a maintenance custodian on June 14, 1980, and retired on March 31, 2014, with more than 33 years of dedicated service to the City of Brooklyn Center and its citizens; and WHEREAS, Rick Nelson has consistently provided the City of Brooklyn Center and its residents with exemplary service, creating safe, clean and healthy environment for people to work and recreate; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the dedication and professionalism Rick has displayed in discharging his duties; and WHEREAS, the City Council of the City of Brooklyn Center recognizes the positive impact Rick Nelson has made on the City and its citizens. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon recommendation by the City Manager, that the dedicated public service of Rick Nelson is duly recognized and appreciated by the City of Brooklyn Center. April 14, 2014 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. 7b rodennettitur WHEREAS, the Park Center High School girls basketball team was champion in the 2013- 2014 Class AAA girls basketball tournament at Williams Arena in Minneapolis, Minnesota; and WHEREAS, the Park Center Pirates defeated the Marshall Tigers 73 to 71 in triple overtime; and WHEREAS, this is the first and only State championship basketball team in Park Center High School history; and WHEREAS, it is highly appropriate to recognize the accomplishment and achievement of the Park Center High School girls basketball team; and WHEREAS, the City Council of the City of Brooklyn Center congratulates and commends the Park Center High School girls basketball team. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim that the achievement of the Park Center High School girls basketball team is hereby recognized and acknowledged by the City of Brooklyn Center and wish to express congratulations to the team and coaches on a successful season. April 14, 2014 Date Mayor Council Members ATTEST: City Clerk City Council Agenda Item No. 7c ruclanurtion DECLARING APRIL 14, 2014, AS "YOUTH IN GOVERNMENT DAY" IN THE CITY OF BROOKLYN CENTER, MINNESOTA WHEREAS youth represent a significant portion of the population in the City of Brooklyn Center and their voices, opinions, and participation are instrumental and valuable to the governmental process; and WHEREAS, the City of Brooklyn Center recognizes that public policies and decisions impact the lives of youth every day and that there is a continued and evolving need to identij) strategies that meet the identified needs of youth and families in our community; and WHEREAS, by allowing students a fiin and educational opportunity to actively participate in the governmental process and by providing them with an experiential understanding of how the process works and how decisions are made, the City of Brooklyn Center hopes to cultivate and equip youth with the knowledge and tools to become engaged, active and informed residents and future leaders of the community. NOW, THEREFORE, I, TIM WILLSON AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim Monday, April 14, 2014, as "Youth in Government Day" in the City of Brooklyn Center. April 14, 2014 Date Mayor Council Members ATTEST: City Clerk City Council Agenda Item No. 7d COUNCIL ITEM MEMORANDUM DATE: April 8, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer S . SUBJECT: Proclamation Declaring April 25, 2014 as Arbor Day and May 2014 as Arbor Month in Brooklyn Center Recommendation: It is recommended that the City Council consider approval of a proclamation declaring April 25, 2014, Arbor Day and May 2014 Arbor Month in Brooklyn Center. Background: Arbor Day originated in 1872 in America as a national holiday in which individuals and groups are encouraged to plant and care for trees. Each year, Brooklyn Center celebrates National Arbor Day and Arbor Month by hosting local volunteer/educational events with students from an elementary school and other groups within the City of Brooklyn Center. This year's event tentatively includes an elementary class from Odyssey Charter School planting trees that will be purchased by the City. This event also includes City staff providing teaching resources, learning activities and guidance in planting seedlings and trees. Students will be given a presentation on the history of Arbor Day and general tree information. This event and proclamation support the City's forestry program that has resulted in Brooklyn Center receiving its twenty-second consecutive national Tree City USA award by the National Arbor Day Foundation. Budget Issues: The American Legion and Sons of the American Legion have provided a $100 contribution to help offset the expenses for the Arbor Day event. Additional funding needed for event supplies is expected to be less than $450 and is included in the 2014 Budget under the Public Works Park Division operating budget. Strategic Priorities: 0 Vibrant Neighborhoods . -- Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality oflife for all people and preserves the public trust PROCLAMATION DECLARING APRIL 25, 2014 TO BE ARBOR DAY AND MAY 2014 TO BE ARBOR MONTH IN BROOKLYN CENTER WHEREAS, Trees are an increasingly vital resource in Minnesota today enriching our lives by puriffing air and water, helping conserve soil and energy, serving as recreational settings, providing habitat for wildlife of all kinds and making our cities more livable; and WHEREAS, Trees in our city increase property values, enhance the economic vitality of business areas and beau* our community; and WHEREAS, Human activities such as pollution, as well as drought, disease and insects threaten our trees, creating the need for concerted action to ensure the future of urban and -rural forests in our state, country and world; and WHEREAS, People can contribute to the environmental stewardship of our community by locally planting trees and ensuring that these trees are nurtured, protected and wisely used in the years ahead; and WHEREAS, The City of Brooklyn Center desires to continue its tree management efforts. NO THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: 1.April 25, 2014 to be Arbor Day in the City of Brooklyn Center. 2.May 2014 to be Arbor Month in the City of Brooklyn Center. 3. I urge all citizens to support efforts to care for our trees and woodlands and to support- our city's community forestiy program. April 14, 2014 Date Mayor Council Members ATTEST: City Clerk City Council Agenda Item No. 7e COUNCIL ITEM MEMORANDUM DATE: April 14, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer 5-CS-- SUBJECT: Proclamation Declaring April 19-26, 2014, as the Great Shingle Creek Watershed Cleanup Week Recommendation: It is recommended that the City Council consider adoption of a proclamation declaring April 19- 26, 2014, as the Great Shingle Creek Watershed Cleanup Week. Background: Brooklyn Center and five other cities that make up the Shingle Creek Watershed will celebrate the 13th annual "Great Shingle Creek Watershed Cleanup". Beginning Saturday, April 19, 2014, through Saturday, April 26, 2014, hundreds of volunteers from Plymouth to the Mississippi River will line the banks of Shingle Creek, as well as city parks, trails and streets, picking up everything from pop cans and auto parts to building materials and household appliances. The "Great Shingle Creek Watershed Cleanup" meets one of the public involvement and participation requirements of the federally mandated National Pollutant Discharge Elimination System (NPDES) permit for Brooklyn Center. The event not only educates people that trash and other contaminants in the streets, parks and shorelines eventually end up in our lakes, rivers and streams but also provides opportunities for the public to become involved in the protection of water quality. Many of the 33 groups affiliated with the Brooklyn Center Adopt-a-Park/Trail/Street or Flower Garden programs will concentrate on a cleanup of their assigned sites during the week. Groups and individuals not already connected with a park, trail or street will be assigned to a nearby park; creek, open space or parkway to pick up trash and debris. On Saturday, April 26, 2014, Brooklyn Center City officials, commissioners and employees will be distributing trash bags and cotton gloves as well as coffee, juice and pastries at the Brooklyn Center Community Center to kick off the official clean up. More than 300 volunteers are expected to participate in the week- long event. Budget Issues: The American Legion and the Sons of the American Legion have provided a $100 contribution to cover the expenses for the Great Shingle Creek Cleanup event. Additional funding for event supplies is expected to be less than $150 and is included in the 2014 Budget under the Storm Drainage Utility operating budget. Strategic Priorities: • Vibrant Neighborhoods Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust. PROCLAMATION DECLARING APRIL 19-26, 2014 TO BE THE GREAT SHINGLE CREEK WATERSHED CLEANUP WEEK WHEREAS, The City of Brooklyn Center is dedicated to preserving and protecting the water resources in our watersheds; and WHEREAS, Litter and trash can be washed into our lakes, rivers, and streams, polluting the water and clogging the City's storm water drainage system; and WHEREAS, Citizens can take an active role in protecting water resources by picking up litter and trash and keeping our Streets, parks, neighborhoods and community clean; and WHEREAS,. The Shingle Creek and West Mississippi Watershed Management Commissions' annual event "The Great Shingle Creek Watershed Cleanup" will take place April 26, 2014. NOW THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim; I. April 19-26, 2014, to be The Great Shingle Creek Watershed Cleanup Week. 2. The City Council hereby reaffirms its commitment to protecting and preserving our water resources and encourages residents, businesses and institutions to use The Great Shingle Creek Watershed Cleanup Week 2014 to help prevent water pollution and preserve our watersheds by participating in a cleanup event or by using this time to pick up trash and clean up our homes, businesses, streets, neighborhoods and community. April 14, 2014 Date Mayor Council Members ATTEST; City Clerk City Council Agenda Item No. 7f COUNCIL ITEM MEMORANDUM • DATE: April 14, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Proclamation Declaring April 22, 2014 as Earth Day in Brooklyn Center Recommendation: It is recommended that the City Council consider adoption of a proclamation declaring April 22, 2014, as Earth Day in Brooklyn Center. Background: The name and concept of Earth Day was pioneered in 1970 in the United States. It is an annual day on which events are held worldwide to demonstrate support for environmental protection. This day of nature's balance was later sanctioned in a Proclamation at the United Nations, eventually going international in 1990. Today, more than 192 countries coordinate and celebrate Earth Day every year. Brooklyn Center recognizes Earth Day on Tuesday, April 22, 2014, by taking part in celebratory events such as the Great Shingle Creek Watershed Cleanup and EarthFest. The Great Shingle Creek Watershed Cleanup takes place on Saturday, April 26, 2014, from 9 am to noon and will commence by gathering at the Brooklyn Center Community Center where an orientation will be given and supplies provided. Continuing on Saturday, EarthFest then takes place at the Brooklyn Center Community Center with activities from 1 to 4 pm including educational exhibits, gardening workshops and demonstrations and activities for young and old. Strategic Priorities: 0 Vibrant Neighborhoods Mission; Ensuring an attractive, clean, safe, inclusive community that enhances the quality a lfe for dl people and preserves the public trust PROCLAMATION DECLARING APRIL 22, 2014 TO BE EARTH DAY IN BROOKLYN CENTER WHEREAS, A sound natural environment is the foundation of a health society and a robust economy; and WHEREAS, Local communities can do much to reverse environmental degradation and contribute to building a healthy society by addressing such issues as energy use, waste prevention and sustainable practices; and WHEREAS, Earth Day 2014 offers an unprecedented opportunity to commit to building a healthy planet and flourishing communities. NOW THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State ofMinnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: 1.Apri122, 2014, to be Earth Day in the City of Brooklyn Center. 2.The City of Brooklyn Center commits itself to undertaking programs and projects that enhance the community's natural environment. 3. The City Council hereby reaffirms its commitment and encourages residents, businesses and institutions to use Earth Day 2014 to celebrate the Earth and to commit to building a sustainable society by initiating or expanding existing programs which improve energy efficiency, reduce or prevent waste and promote recycling. April 14, 2014 Date Mayor Council Members ATTEST: City Clerk City Council Agenda Item No. 7g COUNCIL ITEM MEMO NDUM DATE: April 2, 2014 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Update- Brooklyn Bridge Alliance for Youth Recommendation: It is recommended the City Council hear a report on the current status of the Brooklyn Bridge Alliance for Youth. Background: Kelsey Shuster, Project Coordinator for the Brooklyn Bridge Alliance for Youth, Jan Ficken, Manager of Recreation Programs at the City of Brooklyn Park and Ariana Wilson, member of the Brooklyns Youth Council will be in attendance to provide a brief update on Brooklyn Bridge Alliance for Youth and Brooklyns Youth Council activities. Budget Issues: There are no budget issues to consider. 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M M coOn ‘'z., m WI UO 0 0-0 CD I I ufl City Council Agenda Item No. 10a ( ( COUNCIL ITEM MEMORANDUM DATE: April 8, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer CS SUBJECT: Resolution Designating 2014 Planting List of Allowable Boulevard Tree Species Recommendation: It is recommended that the City Council consider approval of the attached resolution designating the 2014 planting list of allowable boulevard tree species. Background: In 1990, City residents and Council members expressed strong support for an improved city forestry program. Staff was directed to develop a Community Forestry Work Plan and policies regarding public tree care. In February 1992, Chapter 20 of the Code of Ordinances regarding trees was adopted by the City Council. Section 20-402 of the ordinance states that the City Council shall annually adopt a resolution designating allowable boulevard tree species. This section is included in the ordinance to emphasize the importance of maintaining a variety of species to reduce the impact of future tree disease and to assure that all boulevard trees be located so as to avoid creating future sight distance problems. Attached is a resolution designating the 2014 planting list of allowable boulevard tree species along with a copy of the boulevard permit that residents are required to complete and submit before the planting of boulevard trees. The list of tree species is consistent with the 2013 list. Budget Issues: Staff time for inspections is contained in the annual Forestry budget. There are no other budget issues. Strategic Priorities: Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of for all people and preserves the public trust its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION DESIGNATING 2014 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES WHEREAS, the City Council of the City of Brooklyn Center promotes a diverse urban forest so as to minimize the spread of tree disease; and WHEREAS, Section 20-402 of the ordinances provides for an annual listing of allowable boulevard tree varieties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following trees are hereby designated as allowable boulevard tree species for 2014: Birch (River, Paper) Crabapple (Flowering) & cultivars Elm (American) • Hackberry Honeylocust (Imperial, Shademaster, Skyline, Thornless) Kentucky Coffeetree - Linden (American, Liftleleaf) Maple (Autumn Blaze) Maple (Red) & cultivars Maple (Sugar) & cultivars Oak (Northern Red) Oak (Pin) Oak (White, Bur, Swamp) Serviceberry April 14, 2014 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 of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Phone: 763-569-3340 PERMIT BOULEVARD TREE PLANTING PROPERTY ADDRESS: OWNER NAME: ADDRESS: CITY, STATE, ZIP: PHONE: DAY OTHER VARIETY OF TREE: TO BE PLANTED (COMMON NAME) APPROXIMATE DATE OF PLANTING: Please stake or otherwise indicate your preferred tree location as soon as possible I have called or will call Gopher State One Call at 651-454-0002 to obtain underground utility locations Owner Signature Date * ALLOW 48 HOURS FOR PROCESSING * * * City use only: Initial and date each item checked Variety At least 5' from underground utilities Sight Distance At least 10' from overhead utilities Approx. width of Blvd. Proposed distance from edge of street Sidewalk? Proposed distance from edge of sidewalk ALL REQUIREMENTS MET: Signature Title Date BEFORE YOU PLANT... The City Council of the City of Brooklyn Center has adopted an ordinance to establish policies for the care of boulevard trees. The ordinance contains very specific information regarding where boulevard trees may be planted. Please read the following information before you plant a boulevard tree. A copy of the complete ordinance is available at City Hall. Section 20-200. PUBLIC TREE CARE IN GENERAL Subdivision 3. Planting Boulevard Trees. No tree may be planted on the boulevard except by permit obtained from the director of public works or designee. The City may move, remove, or trim or cause or order to be moved, removed, or trimmed any boulevard tree not planted by permit, or any boulevard tree which is not in compliance with this code. This section does not prohibit the planting of boulevard trees by adjacent property owners providing the selection, location, and care of said trees are in accordance with the provisions of this code. The purpose of a permit is to ensure that all requirements are met,_most especially those relating to sight distance, both at corners and near driveways, sidewalks, alleys, etc. The following is the list of allowable boulevard trees for 2014: Birch (River, Paper) Crabapple (Flowering) & cultivars Elm (American) Hackberry Honeylocust (Imperial, Shademaster, Skyline, Thornless) Kentucky Coffeetree Linden (American, Littleleaf) Maple (Autumn Blaze) Maple (Red) & cultivars Maple (Sugar) & cultivars Oak (Northern Red) Oak (Pin) Oak (White, Bur, Swamp) S erviceberry City Council Agenda item No. 10b COUNCIL ITEM MEMORANDUM DATE: April 8, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA for the Twenty-Second Consecutive Year Recommendation: It is recommended that the City Council consider approval of a resolution recognizing Brooklyn Center as a Tree City USA. Background: For each of the past twenty-two years, Brooklyn Center has strived for and achieved designation as a Tree City USA by the National Arbor Day Foundation. The City has again been notified that Brooklyn Center has received this recognition. This national award recognizes communities with effective community forestry programs. The City's forestry program includes the following: •Care for and planting of park and boulevard trees •Diseased and nuisance tree removal program •Mandatory tree contractor registrations requiring certain minimums of liability insurance •Boulevard tree planting permits requiring proper placement of tree and selection of tree species •A tree ordinance specifying proper standards of care for all trees •An Arbor Day and Month program which travels between elementary schools in Brooklyn Center providing teaching resources, learning activities, and an Arbor Day event to plant one or more trees Budget Issues: Funding needed to support and meet the goals of this program in 2014 is included in the 2014 budget under the Forestry operating budget. Strategic Priorities: •Vibrant Neighborhoods _ Mission: h..nsuring an attractive, clean, sedi?, inclusive community that enhances the quality of lift for all people and preserves the public 1171Si its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE TWENTY-SECOND CONSECUTIVE YEAR WHEREAS, the City of Brooklyn Center is committed to preserving and enhancing its urban forest; and WHEREAS, the National Association of State Foresters and the US Department of Agriculture Forest Service have designated the City of Brooklyn Center as a Tree City USA in recognition of 2013 forestry activities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The Council hereby recognizes and accepts the designation of Tree City USA for the twenty-second consecutive year. 2.The Council reaffirms its commitment to urban forestry, and directs staff to, within the constraints of existing resources, continue its reforestation efforts. The Council commends Brooklyn Center residents and staff for their work in maintaining and enhancing Brooklyn Center's urban forest. April 14, 2014 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. 10c COE\ C L EM MEMORANDUM DATE: April 8, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer C11.- SUBJECT: Resolution Authorizing the Execution of a Limited Use Permit Agreement for the Three Rivers Park District Regional Trail (Segment SC-6B) between the City of Brooklyn Center and Three Rivers Park District, Hennepin County, Minnesota Recommendation: It is recommended that the City Council consider approval of the resolution authorizing the execution of a Limited Use Permit for the Three Rivers Park District Regional Trail between the City of Brooklyn Center and Three Rivers Park District. Background: On August 27, 2009, the City of Brooklyn Center and the Three Rivers Park District executed a Trailway Cooperative Agreement for the Shingle Creek and Twin Lake Regional Trails in Brooklyn Center that transferred ownership of those trails to the Park District. In 2011, the City granted limited use agreements for public trail ways coincident with the City's public trail easements across the Shingle Creek Crossing development for the Shingle Creek Regional Trail, depicted as SW250 (SC-6A) and SW252 (SC-6C) on the attached exhibit. The City also granted a separate trail easement directly to the Three Rivers Park District for that portion of trail that existed on EDA property, depicted as SW251 (SC-6B) on the attached exhibit. Subsequently and as part of the Shingle Creek Crossing development, the trail was relocated and reconstructed on the opposite (west) side of the private road. These agreements for the old trail/sidewalk are no longer needed, are in the process of formal termination and are currently being replaced by a new agreement between the City and Three Rivers Park District (depicted as SC-6B) for the realigned segment of trail. The attached agreement outlines the purpose and intent of the operation and maintenance of the new trail, which will be under the jurisdiction of the park district. The existing trail/sidewalk on the east side of the private road now falls under the ownership of the property owner of the Shingle Creek Crossing development and is no longer the responsibility of the City. The City Attorney has reviewed all easement documents and concurs to the purpose and form of the easements. Budget Issues: There are no budget issues to consider. Strategic Priorities: 0 Focused Redevelopment — Mission: Ensuring an altrodive, demi, stye, inclusive community that enhances the quality of life for all people and preserpe.s die public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A LIMITED USE PERMIT AGREEMENT FOR THE THREE RIVERS PARK DISTRICT REGIONAL TRAIL (SEGMENT SC-6B) BETWEEN THE CITY OF BROOKLYN CENTER AND THREE RIVERS PARK DISTRICT, HENNEPIN COUNTY, MINNESOTA WHEREAS, the City of Brooklyn Center ("City") and the Three Rivers Park District ("Three Rivers") established a Trailway Cooperative Agreement for the Shingle Creek Regional Trail and the Twin Lakes Regional Trail in 2009; and WHEREAS, the City approved Limited Use Permit Agreements for Public Trail Ways on February 28, 2011, and a Public Trail Easement Agreement on December 17, 2010, for the Three Rivers Park District's Shingle Creek Regional Trail between Bass Lake Road and Highway 100 located on the Shingle Creek Crossing development; and WHEREAS, the City Council has subsequently obtained a permanent trail easement on the Shingle Creek Crossing development for this portion of regional trail that was reconstructed and realigned in a new location as part of that recent development; and WHEREAS, the City and Three Rivers desire to set forth various construction, maintenance and operation responsibilities for these new improvements in a Limited Use Permit for the realigned segment SC-6B of the Shingle Creek Regional Trail. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1. The provisions of the Three Rivers Limited Use Permit Agreement, between the City of Brooklyn Center and Three Rivers are hereby accepted and approved, and the Mayor and City Manager are hereby authorized and directed to execute said agreement. April 14, 2014 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. 200 Feet Public Works Department March 11, 2014 50 1000 "r14 Limited Use Permit to be Terminated New Limited Use Permit Easement to Vacate „ .,• Legend • Three Rivers Park District Regional Trail Easement and Limited Use Permits ,'BROOKLIW, CENTER Parcel SC-6B Limited Use Permit Agreement for Public Trail Way THIS AGREEMENT is made by and between the City of Brooklyn Center, a Minnesota municipal corporation, Grantor, in favor of the Three Rivers Park District, a political subdivision of the State of Minnesota, Grantee. Recitals A.This Agreement is for the purpose of permitting construction, maintenance and operation of a regional trail ("Trail") within that part of Outlot A, and Lot 2, Block 2, SHINGLE CREEK CROSSING, according to the plat thereof, Hennepin County, Minnesota, and within that part of the Grantor's easement per Document No. T4868192, files of Hennepin County Recorder, as shown in Exhibit "A", which is attached hereto and incorporated by reference. B.Grantor desires to grant to the Grantee, and Grantee desires to accept, certain rights pertaining to the Trail, according to the terms and conditions contained herein. Terms of Agreement 1.Grant of Use. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor irrevocably grants use of the Trail area as described and depicted on the attached Exhibit A. 2.Scope of Agreement. The use granted herein includes the right of the Grantee, its contractors, agents, and employees to locate, install, construct, reconstruct, operate, maintain, inspect, alter and repair, within the described area, a Trail including any of the following facilities and amenities: public sidewalk or trail and trail signing. This Agreement shall include the Trail area as depicted in Exhibit A and shall be limited to the area encompassed within easement Document No. T4868192. The general location and width of this Trail are depicted on the attached Exhibit A. Any alteration to the current horizontal or vertical location of this trail must be approved by the Grantor. 3. Trail Uses and Purposes. This permit agreement is for public trail purposes only. All regional trails within City boundaries shall be open to the general public, and be used exclusively for outdoor recreation and commuter activities including, but not limited to, walking, jogging, skating, biking, and Uses mandated by state law including, but not limited to, electric personal assistive devices. In addition, motorized vehicles used by the City or• Park District for maintenance, law enforcement or other public uses will be permitted. Dated this day of , 2014. CITY OF BROOKLYN CENTER By Its By Its - CSAH 10 - ..., .,- ../' eM■ ,■:.-., ....- .,. \2545 ‘--.?*IV.44 Or.NO\ 1050 \N.\ ill • \ sS4 u-i:■‘, 1-c r, - ■■‘, IC)2501 \ 3 . *‘• _A, ...,■A -,•• --,•i..,.\ • . .. —1' ■8•-• .■ ■ 4i #■■, \ PROPOSED EASEMENT - 16,503 SF (: ' 50I 100I I + EASEMENT PROPERTY PARCEL SC-63 EXHIBIT ACITY OF ,111 BROOKLYN CENTER PURLIC WORKS - ENGINEERING SHINGLE CREEK TRAIL - PID 0211821310066 &MARCH 12, 20140211821310062 City Council Agenda Item No. 10d C O UN CH EM MEMORANDUM DATE: April 8, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer C1 SUBJECT: Resolution Authorizing Termination of Trail Agreements between the City of Brooklyn Center and Three Rivers Park District, Hennepin County, Minnesota Recommendation: It is recommended that the City Council approve the resolution terminating certain trail agreements pertaining to the Three Rivers Park District Shingle Creek Regional Trail. Background: In 2011, the City granted limited use agreements for public trail ways coincident with the City's public trail easements across the Shingle Creek Crossing development for the Shingle Creek Regional Trail. See attached exhibit with the agreement areas depicted as SW250 (SC-6A) and SW252 (SC-6C). Subsequently and as part of the Shingle Creek Crossing development, the trail was relocated and reconstructed on the opposite (west) side of the private road. These agreements for the old trail/sidewalk are no longer needed and are currently being replaced by a new agreement between the City and Three Rivers Park District (depicted as SC-6B). The City also granted a separate trail easement directly to the Three Rivers Park District for that portion of trail that existed on EDA property, depicted as SW251 (SC-6B) on the attached exhibit. This easement is also no longer needed and is currently being terminated under separate action by Three Rivers Park District. The attached documents and exhibits outline the release and termination of the agreements and show the location of said existing agreements. The City Attorney has reviewed the release and termination documents and concurs to the purpose and form of the documents. Budget Issues: There are no budget issues to consider. Strategic Priorities: a Focused Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING TERMINATION OF TRAIL AGREEMENTS BETWEEN THE CITY OF BROOKLYN CENTER AND THREE RIVERS PARK DISTRICT, HENNEPIN COUNTY, MINNESOTA WHEREAS, the City approved Limited Use Permit Agreements for Public Trail Ways on February 28, 2011, for two sections of the Three Rivers Park District's Shingle Creek Regional Trail between Bass Lake Road and Highway 100 located on the Shingle Creek Crossing development; and WHEREAS, the City Council has subsequently obtained a permanent trail easement on the Shingle Creek Crossing development for this portion of regional trail that was reconstructed and realigned as part of that recent development; and WHEREAS, certain Agreements for the old trail must be terminated; and WHEREAS, the Agreements proposed to be terminated are identified as follows and are hereafter referred to as "the Agreements": •Limited Use Permit Agreement for Public Trail Way as depicted and described in the attached parcel exhibit SC-6A •Limited Use Permit Agreement for Public Trail Way as depicted and described in the attached parcel exhibit SC-6C WHEREAS, the City Council has determined that the Agreements will no longer be needed and have been replaced, and it is in the public interest to terminate the Agreements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The City Council hereby approves the termination of the Agreements described above and depicted in the attached exhibits. 2.The Mayor and Ci tY Manager are authorized to execute the Termination of Agreement for each of the two Limited Use Permits. April 14, 2014 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. tr... ...,, . • . . . ..1 r—t '''■ga''..-r or , - as .1 I • BASS LAKE RD •(SC-6A) — "$11■=.4S. SVV250., .., 4. . --. --- .-4( ...,., .---- ) , • ..._ PN Vi.--7. ,- •'', T e .' . .\ '' irdi9 -9, --rol . v& -.40 estp, - -c#. -: V•k74 . 'rNew Limited Use i3 errnit , new)(SC7_6B\ IN' - ,......__. - r. - 1•Y -1 ,,. a , . ---- e v+ VA SW251 ..,...- ' eo 0 - ,--t- (SC-6B) • to.?.e.r, ...e. N ..110.0 e) -.-- , • . ‘N No Ir. ' A 'IN ..,:14,7,`NV‘ .I4$ V kW \• ' .A \\ • -:\ N.. '.),%V • ,‘% ‘\‘ "r• ';,- ‘• -.At .\\ ,...1, •\\ . T6 OA * r V \04, \*,. \_,\..„ . SVV252 (SC-6C) .• v6 kt;\IS■ . \ \ ,\,/ \1 1/i -k1ie"):.„ACS` ,,,,,,, = -r- . o-.k..'9 Legend -R . ... ,.,:ir. o. . .. ' Limited Use Permit to be Terminatedf= New Limited Use Permit Easement to Vacate I 1 . .. , CENTER ' Three Rivers Park District Regional Trail Easement and Limited Use Permits Public Works Department March 11, 2014 0 50 100 200 Feet I i t I I i i I I TERMINATION OF AGREEMENT This termination of agreement is made by and between the City of Brooklyn Center, Minnesota, a Minnesota municipal corporation ("City"), and the Three Rivers Park District, a political subdivision of the State of Minnesota ("TRPD"). RECITALS A.By agreement dated February 28, 2011 and entitled Limited Use Permit Agreement for Public Trailway (Parcel SC-6A) (the "Limited Use Permit Agreement"), the City granted TRPD certain rights for construction, maintenance and operation of a regional trail ("Trail"). B.The parties have agreed to relocate the Trail and have provided for rights to construction, maintenance and operation of a trail in a different location by separate agreement and therefore wish to terminate the Limited Use Permit Agreement. AGREEMENT 1. The Limited Use Permit Agreement is hereby terminated and is of no further force or effect. Dated this day of , 2014. CITY OF BROOKLYN CENTER By: Its Mayor And by: Its Manager THREE RIVERS PARK DISTRICT By: Its 441574v1 BR291-10 Parcel SC-6A Limited Use Permit Agreement for Public Trail Way THIS AGREEMENT is made by and between the City of Brooklyn Center, a Minnesota municipal corporation, Grantor, in favor of the Three Rivers Park District, a political subdivision of the State of Minnesota, Grantee. Recitals A.This Agreement is for the purpose of permitting construction, maintenance and operation of a regional trail ("Trail") within that part of Brookdale Parking dedicated in the subdivision of Registered Land Survey Number 1614, Tract A and within that part of the Grantor's easement per Document No.T4702186, files of Hennepin County Recorder, as shown in Exhibit "A", which is attached hereto and incorporated by reference. B.Grantor desires to grant to the Grantee, and Grantee .desires to accept, certain rights pertaining to the Trail, according to the terms and conditions contained herein. Terms of Agreement 1.Grant of Use. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor irrevocably grants use of the Trail area as described and depicted on the attached Exhibit A. 2.Scope of Agreement. The use granted herein includes the right of the Grantee, its contractors,. agents, and employees to locate,. install, construct, reconstruct, operate, maintain, inspect, alter and repair, within the described area, a Trail including any of the following facilities and amenities: public sidewalk or trail and trail signing. This Agreement shall include the Trail area as depicted in Exhibit A and per the easement Document No.T4702186. The general location and width of this Trail are depicted on the attached Exhibit A. Any 'alteration to the current horizontal or vertical location of this trail must be Approved by the Grantor. 3. Trail Uses and Purposes. This permit agreement is for public trail purposes only. All regional trails within City boundaries shall be open to the general public, and be used exclusively for outdoor recreation and commuter -activities including, but not limited to, walking, jogging, skating, biking, and uses mandated by state law inclu.ding, but not limited to, electric personal assistive devices. In addition, motorized vehicles Used by the City or Park District for maintenance, law enforcement or other public uses will be permitted. Dated this iS day of , 2011.114--) CITY OF BROOKLYN CENTER By Its , o 30 6 7 FFI I 1 PROPOSED AGREEMENT — 4,039 SF EXHIBIT A JANUARY 25, 2010 ...J:1CITY OF BROOKLYN CENTER PUBLIC WORKS - ENGINEERING es181 2."0." Pro/4010\v r ",(ittrilyet CO RD NO 10 ' fa"s7 rer F!rt rrfr- PROPOSK.PPor,- • BRIDGE .• ' EASEMENT DOG.NUMBER 14702156 25W AGREEMENT AREA SC-6A BROOKDALE CENTER — 2501 CO RD NO 10 TERMINATION OF AGREEMENT This termination of agreement is made by and between the City of Brooldyn Center, Minnesota, a Minnesota municipal corporation ("City"), and the Three Rivers Park District, a political subdivision of the State of Minnesota ("TRPD"). RECITALS A.By agreement dated February 28, 2011 and entitled Limited Use Permit Agreement for Public Trailway (Parcel SC-.6C) (the "Limited Use Permit Agreement"), the City granted TRPD certain rights for construction, maintenance and operation Of a regional trail ("Trail"). B.The parties have agreed to relocate the Trail and have provided for rights to construction, maintenance and operation of a trail in a different location by separate agreement and therefore wish to terminate the Limited Use Permit Agreement. AGREEMENT 1. The Limited Use Permit Agreement is hereby terminated and is of no further force or effect. Dated this day of , 2014. CITY OF BROOKLYN CENTER By: Its Mayor And by: . Its Manager THREE RIVERS PARK DISTRICT By: Its 441573v1 BR29I-10 Parcel SC-6C Limited Use Permit Agreement for Public Trail Way TI-ITS AGREEMENT is Made by and between the City of Brooklyn Center, a Minnesota municipal corporation, Grantor, in favor of the Three Rivers Park District, a political subdivision of the State of Minnesota, Grantee. Recitals A.This Agreement is for the purpose of permitting construction, maintenance and operation of a regional trail ("Trail") within that part of Kohl's dedicated in the subdivision of Registered Land Survey Number 1614, Tract B and within that part of the Grantor's easement per Document No. 1504588 and Document No. T4702186, files of Hennepin County Recorder, as shown in Exhibit "A", which is attached hereto and incorporated by reference. B.Grantor desires to grant to the Grantee, and Grantee desires to accept, certain rights pertaining to the Trail. according to the terms and conditions contained herein. Terms of Agteement 1.Grant of Use. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor irrevocably grants use of the Trail area as described and depicted on the attached Exhibit A. 2.Scope of Agreement. The use granted herein includes the tight of the Grantee, its contractors, agents, and employees to locate, install, construct, reconstruct, operate. maintain, inspect; alter and repair, within the described area, a Trail including any of the folloWing facilities and amenities: public sidewalk or trail and trail signing. This Agreement shall include the Trail area as depicted in Exhibit A and shall be limited to the area encompassed within easement Document No. 1504588 and easement Document No. T4702186. The general location and width of this Trail are depicted on the attached Exhibit A. Any alteration to the current horizontal or vertical location of this trail must be approved by the Grantor. 3. Trail Uses and Purposes. This permit agreement is for public trail purposes only. All regional trails within City boundaries shall be open to the general public, and be used exclusively for outdoor recreation and commuter activities including, but not limited to, walking, jogging, skating, biking, and uses mandated by state law including, but nOt limited to, electric personal assistive devices. In addition, motorized vehicles used by the City or Park District for maintenance, law enforcement or other public uses will be permitted. Dated this .N ,) day of , 2011. CITY OF BROOKLYN CENTER 'By . Its 50 100 FTPROPOSED AGREEMENT 6,837 SF EXHIBIT A JANUARY 25, 2010LI .CITY OF BROOK- LYN CENTER PUBLIC WORKS - ENGINEERING EASEMENT DOCNUMBER 1504588 fv.r r`T r"" tr. rr, gift 44 r- -Feat It :Ai 44' V.E°C 2501 vt, CO RD NO 10 AGREEMENT AREA SC-6C BROOKDALE CENTER - 2501 CO RD NO 10 City Council Agenda item No. 1Ge COUNCIL ITEM MEMO NDUM DATE: April 8, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer 5 4- SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2013-14, Storm Damage Repairs-Public Building Roofs Recommendation: It is recommended that the City Council consider approval of the lowest responsible bid and award a contract to John A. Dalsin & Son, Inc., for Improvement Project No. 2013-14, Storm Damage Repairs-Public Building Roofs. Background: On November 10, 2012, a hail storm struck the east and south portions of Brooklyn Center, causing roof damage to three Centerbrook Golf Course buildings and five City park structures. An insurance claim was filed with the League of Minnesota Cities Insurance Trust (LMCIT) and approval granted by LMCIT to solicit public bids for the replacement of the damaged roofs. Bids for the Storm Damage Repairs-Public Building Roofs, Project No. 2013-14, Contract 2013-K, were received and opened on April 2, 2014. The bidding results are tabulated below: BIDDER John A. Dalsin & Son, Inc. TOTAL $258,199.00 One bid was received in the amount of $258,199.00 and was submitted by John A. Dalsin & Son, Inc., of Minneapolis, Minnesota. John A. Dalsin & Son, Inc. has the experience, equipment and capacity to qualify as the lowest responsible bidder for the project. A special note should be made that, while only a single bid was received, multiple companies reviewed the project but chose not to submit bids for no certain reasons that the City is aware of. This point has been discussed with LMCIT and they are agreeable to awarding the project in consideration of this fact and the cost of the project. Budget Issues: The bid amount of $258,199.00 is within the estimated construction cost as adjusted and approved by the LMCIT. The total City cost incurred will be payment of the insurance deductible in the amount of $2,500.00. The costs and revenues are further detailed in the attached resolution. Strategic Priorities: • Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lip for people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2013-14, STORM DAMAGE REPAIRS-PUBLIC BUILDING ROOFS WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 2013- 14, a bid was received, opened, and tabulated by the City Engineer on the 2 n1 day of April, 2014. Said bid was as follows: Bidder Total $258,199.00John A. Dalsin & Son, Inc. WHEREAS, John A. Dalsin & Son, Inc. of Minneapolis, Minnesota is the lowest responsible bidder. 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 John A. Dalsin & Son, Inc. of Minneapolis, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2013-14, according to the plans and specifications on file in the office of the City Engineer. 2.The estimated project costs and revenues are as follows: COSTS Total Estimated Project Cost (Contract Amount) REVENUES League of MN Cities Insurance Trust Parks Fund (45201.6449) General Government Buildings Fund (41940.6449) Total Estimated Revenue per Low Bid $258,199.00 per Low Bid $255,699.00 $ 800.00 $ 1,700.00 $258,199.00 April 14, 2014 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 Couneft Agenda Item No. 10f COUNCIL ITEM MEMORANDUM DATE: April 14, 2014 TO: Curt Boganey, City Manager -5FROM: Vickie Schleuning, Assistant City Manager/Director of Building and Community Standards SUBJECT: Resolution Accepting Quotation and Awarding a Contract for 2014 Diseased Tree Removal & Tree Maintenance Program Recommendation: It is recommended that the City Council consider approval of the Resolution Accepting Quotation and Awarding a Contract for 2014 Diseased Tree Removal & Tree Maintenance Program to Precision Landscape and Tree. Background: The City of Brooklyn Center has administered a Diseased Tree Removal program since 1974 and annually establishes a program to expedite the removal of diseased and other nuisance trees as defined in City Ordinance Chapter 20. When a diseased tree is marked on the boulevard, the City shares in half the cost of the removal provided the removal is conducted under the City's annual Diseased Tree Removal contract. The property owner is invoiced for approximately half the cost of the removal. When a diseased tree is marked on private property, the owner is responsible for the removal and disposal of the tree. City staff informs property owners of the importance of removing diseased trees to minimize the propagation of tree disease to adjacent properties. If a property owner fails to remove a diseased tree, the City acquires a quotation from the contractor for the cost of removal. The quotation is presented to the property owner prior to proceeding with removal of the diseased tree. Unpaid charges for tree removal are levied as a special assessment against the respective parcels of land. Special assessments are levied over a period of five years. The five year payment program assists many property owners with financing tree removal costs. The tree removal quantities listed on the quotation form are based on the number of diseased trees estimated to be removed by the City's tree removal contractor in 2014. However, City staff continues to monitor the transmission of various tree diseases, including Emerald Ash Borer, throughout Minnesota to determine if additional response measures will be necessary in the future. The City received bids for tree removal based on the estimated average number of trees that may be removed. If there is compelling reasons for denial, such as a bid that is not responsible, the Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM City is not obligated to choose the contractor with the lowest bid. In this case, staff is recommending the tree contractor that submitted the lowest bid. The contractor has a satisfactory record with the Better Business Bureau and reference checks. Budget Issues: The City's share for the cost of removal of diseased trees within the public right-of-way and City property is $18,000, which is included in the 2014 Budget under the Public Works Forestry operating budget. Property owners may pay their share of costs to the City directly, or the costs are specially assessed to the property in accordance with Minnesota State Law. Council Goals: Strategic: e Financial Stability e Vibrant Neighborhoods - - Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust RESOLUTION NO. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTATION AND AWARDING A CONTRACT FOR 2014 DISEASED TREE REMOVAL & TREE MAINTENANCE PROGRAM WHEREAS, staff solicited quotations from tree removal contractors and the following three quotations were received and opened on March 28, 2014 for 2014 Diseased Tree Removal & Tree Maintenance Program. Bidder Bid Amount Precision Landscape and Tree $38,300.00 Arbor Barber $38,789.00 Arbor Tree Service $48,543.75 WHEREAS, it appears that Precision Landscape and Tree is the most responsible bidder for 2014 Diseased Tree Removal & Tree Maintenance Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Manager is hereby authorized to enter into a contract with Precision Landscape and Tree in the name of the City of Brooklyn Center for 2014 Diseased Tree Removal & Tree Maintenance Program according to the plans and specifications on file in the office of the Director of Building and Community Standards. April 14, 2014 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. lOg COUNCIL ITEM MEMORANDUM DATE: April 14, 2014 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development SUBJECT: Resolution Authorizing the Execution of a Two Year Contract with Hennepin County for Assessing Services Recommendation: It is recommended that the City Council consider approval/adoption of a Resolution Authorizing the Execution of a Two Year Contract with Hennepin County for Assessing Services. Background: The March 10, 2014 City Council Work Session included a discussion on the option of entering into a two year contract with Hennepin County for Assessing Services, with staff requesting Council direction on the following policy issues: 1.Does the City Council believe they have a sufficient understanding of the option of contracting with Hennepin County for Assessing Services?2.Does the City Council believe that entering into a Contractual Relationship with Hennepin County for Assessing Services is in the best interest of the City? The Council discussion included the following: •Confirmation that the City Council would continue to serve as the local Board of Equalization; •Considerations being provided to the existing city staff appraiser positions; •The savings to the General Fund. The majority consensus of the City Council was to support the transition to a contract agreement with Hennepin County for Assessing Services for a period of two years. Attached for your reference is a copy of the March 10, 2014 Council Work Session Minutes and the staff memorandum that was presented at that time. Contact for Assessing Services: Hennepin County has provided the City with a two year contract, covering the 2015 and 2016 property assessments. The contract commences on May 1, 2014 and has a termination date of July 31, 2016 which corresponds with the County's other municipal assessing contracts that typically operate on a four year extension/renewal cycle. Mission: Ensuring an attractive, clean, safe, inclusive comm u nity that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM The contract follows the County's standard format that it has in place with 24 other municipalities within Hennepin County with the exception that the City has requested the opportunity to offer continued employment to our Appraiser II position to complete the 2015 residential property assessment. The City's costs of retaining this position during the months of May thru September, 2014, would be applied as a credit towards the contract fee for the 2015 Assessment Year. The County's assessment services identified in the contract includes: 1.Physically inspect and revalue 20% of the real property, as required by law. 2.Physically inspect and value all new construction, additions and renovation. 3.Adjust estimated market values on those properties not physically inspected as deemed necessary per sales ratio analysis.4.Prepare the initial assessment roll. 5.Print and mail valuation notices. 6.Respond to taxpayers regarding assessment or appraisal problems or inquiries. 7.Conduct valuation reviews prior to Board of Review or Open Book Meetings, as determined by the City — approximate dates: March through May 15. 8.Attend Board of Review or conduct Open Book Meeting. Prepare all necessary review appraisals. Approximate dates: April 1 — May 31. 9.Maintain an updated property file — current values, classification data and characteristic data. 10.Prepare divisions and combinations as required. 11.Administer the abatement process pursuant to Minn. Stat. §375.192. 12.Prepare appraisals; defend and/or negotiate all Tax Court cases. The City's responsibilities identified in the contract include: 1.Providing office personnel to receive, evaluate, and organize homestead applications and to answer routine questions pertaining to homesteads and property assessment maters. 2.Provide a work space; including office equipment, supplies, and clerical/secretarial support, for the occasional use of two County appraisers. The fee associated with these contract services is $161,000 plus the costs of printing and mailing of value notices and all costs associated with handling Chapter 278 tax court cases. The total cost is estimated by the County to be approximately $200,000. The payment schedule has been set for two installments which correspond with the City's receipt of annual property taxes. Budget Issues: The current budget for the City's Assessing Department is $374,795. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUHTORIZING THE EXCECUTION OF A TWO YEAR CONTRACT WITH HENNEPIN COUNTY FOR ASSESSING SERVICES. WHEREAS, the provisions of Minnesota Statutes, Section 273.072 and Minnesota Statutes, Section 471.59 permit the County Assessor to provide for the assessment of property; and WHEREAS, in 2012, the City of Brooklyn Center has contracted with the Hennepin County Assessor to provide appraisal reports and expert testimonies for tax court petitions; and WHEREAS, in 2013, the City entered into an interim contract with Hennepin County to carry out the statutory responsibilities and duties of the City Assessor's position to complete the 2014 property assessment; and WHEREAS, the Hennepin County Assessor provides assessing services to 24 other municipalities within Hennepin County and has expressed its interest in establishing a long term relationship with the City of Brooklyn Center; and WHEREAS, on March 10, 2014, the City Council discussed the option of contracting with Hennepin County for assessing services, with the consensus of the City Council being that it was in the best interests of the City to pursue a contractual relationship with the Hennepin County Assessor; and WHEREAS, the contract negotiations provided for considerations for an inter- jurisdictional transfer of the appraisal I position and an interim employment and training by the County for the Appraisal II position to complete the 2015 residential property assessment; and WHEREAS, the Assessing Technician position with continue to provide office support services, processing of homestead applications, updating property ownership changes to the City's PDS system, and tracking if all special assessments processed by the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that Hennepin Contract No. A140394, an agreement between the City of Brooklyn Center and Hennepin County to provide assessing services for the 2015 and 2016 property assessments, is hereby approved and the Mayor and City Manager are authorized to execute. RESOLUTION NO. April 14, 2014 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. Contract No. A140394 AGREEMENT THIS AGREEMENT, Made and entered into by and between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF BROOKLYN CENTER, a political subdivision of the State of Minnesota, hereinafter referred to as "CITY"; WHEREAS, said CITY lies wholly within the COUNTY OF HENNEPIN and constitutes a separate assessment district; and WHEREAS, under such circumstances, the provisions of Minnesota Statutes, Section 273.072 and Minnesota Statutes, Section 471.59 permit the County Assessor to provide for the assessment of property; and WHEREAS, said CITY desires the COUNTY to perform certain assessments on behalf of said CITY; and WHEREAS, the COUNTY is willing to cooperate with said CITY by completing the assessment in a proper manner; NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: 1. The COUNTY shall perform the 2015 and 2016 property assessment for the CITY OF BROOKLYN CENTER in accordance with property assessment procedures and practices established and observed by the COUNTY, the validity and reasonableness of which are hereby acknowledged and approved by the CITY. Any such practices and procedures may be changed from time to time, by the COUNTY in its sole judgment, when good and efficient assessment procedures so require. The property assessment by the COUNTY shall be composed of those assessment services which are set forth in Exhibit A, attached hereto and made a part hereof by this reference, provided that the time frames set forth therein shall be considered to be approximate only. 2.All information, records, data, reports, etc. necessary to allow the COUNTY to carry out its herein responsibilities shall be furnished to the COUNTY without charge by the CITY, and the CITY agrees to cooperate in good faith with the COUNTY in carrying out the work under this Agreement. 3.The CITY agrees to furnish, without charge, office space needed by the COUNTY at appropriate places in the CITY's offices. The keys thereto shall be provided to the COUNTY. Such office space shall be sufficient in size to accommodate reasonably two (2) appraisers and any furniture placed therein. The office space shall be available for the COUNTY's use at any and all times during the CITY's business hours, and during all such hours the COUNTY shall be provided with levels of heat, air conditioning and ventilation as are appropriate for the seasons. 4.The CITY also agrees to provide appropriate desk and office furniture as necessary, clerical and secretarial support necessary and reasonable for the carrying out of the work herein, necessary office supplies and equipment, copying machines and fax machines and their respective supplies, and telephone service to the COUNTY, all without charge to the COUNTY. 5.It shall be the responsibility of the CITY to have available at the CITY's offices a person who has the knowledge and skill to be able to answer routine questions pertaining to homesteads and property assessment matters and to receive, evaluate and organize homestead applications. It shall also be the responsibility of the CITY to promptly refer any homestead application which needs investigation to the COUNTY. (2) 6.In accordance with Hennepin County Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall be excluded from full employment rights or participation in or the benefits of any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, ex-offender status or national origin; and no person who is protected by applicable Federal or State laws, rules and regulations against discrimination shall be otherwise subjected to discrimination. 7.It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint venturers or co-partners between the parties hereto or as constituting the CITY as the agent, representative or employee of the COUNTY for any purpose or in any manner whatsoever. Any and all personnel of CITY or other persons, while engaged in the performance of any activity under this Agreement, shall have no contractual relationship with the COUNTY and shall not be considered employees of the COUNTY and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the CITY, its officers, agents, CITY or employees shall in no way be the responsibility of the COUNTY, and CITY shall defend, indemnify and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the (3) COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Compensation, disability, severance pay and retirement benefits. 8.CITY agrees that it will defend, indemnify and hold the COUNTY, its elected officials, officers, agents, employees and duly authorized volunteers harmless from any and all liability (statutory or otherwise) claims, suits, damages, judgments, interest, costs or expenses (including reasonable attorney's fees, witness fees and disbursements incurred in the defense thereof) resulting from or caused by the negligent or intentional acts or omissions of the CITY, its officers, agents, contractors, employees or duly authorized volunteers in the performance of the responsibilities provided by this Agreement. The CITY's liability shall be governed by Minn. Stat. Chapter 466 and other applicable law, rule and regulation, including common law. 9.COUNTY agrees that it will defend, indemnify and hold the CITY, its elected officials, officers, agents, employees and duly authorized volunteers harmless from any and all liability (statutory or otherwise) claims, suits, damages, judgments, interest, costs or expenses (including reasonable attorney's fees, witness fees and disbursements incurred in the defense thereof) resulting from or caused by the negligent or intentional acts or omissions of the COUNTY, its officers, agents, contractors, employees or duly authorized volunteers in the performance of the responsibilities provided by this Agreement. The COUNTY's liability shall be governed by Minn. Stat. Chapter 466 and other applicable law, rule and regulation, including common law. 10. The COUNTY shall endeavor to perform all services called for herein in an efficient manner. The sole and exclusive remedy for any breach of this Agreement by (4) the COUNTY and for COUNTY's liability of any kind whatsoever, including but not limited to liability arising out of, resulting from or in any manner related to contract, tort, warranty, statute or otherwise, shall be limited to correcting diligently any deficiency in said services as is reasonably possible under the pertinent circumstances. 11.Neither party hereto shall be deemed to be in default of any provision of this Agreement, or for delay or failure in performance, resulting from causes beyond the reasonable control of such party, which causes shall include, but are not limited to, acts of God, labor disputes, acts of civil or military authority, fire, civil disturbance, changes in laws, ordinances or regulations which materially affect the provisions hereof, or any other causes beyond the parties' reasonable control. 12.This Agreement shall commence on May 1, 2014, and shall terminate on July 31, 2016. Either party may initiate an extension of this Agreement for a term of four (4) years by giving the other written notice of its intent to so extend prior to March 1, 2016. If the party who receives said notice of intent to extend gives written notice to the other party of its desire not to extend prior to, April 15, 2016 this Agreement shall terminate on July 31, 2016. Nothing herein shall preclude the parties, prior to the end of this Agreement, from agreeing to extend this contract for a term of four (4) years. Any extended term hereof shall be on the same terms and conditions set forth herein and shall commence on August 1, 2016. Either party may terminate this Agreement for "just cause" as determined by the Commissioner of Revenue after hearing for such a determination is held by the Commissioner of Revenue and which has been attended by representatives of COUNTY and CITY or which said representatives had a reasonable opportunity to attend, provided that after such determination, any party desiring to cancel this Agreement may do so by giving the other party no less (5) than 120 days' written notice. If the CITY should cancel this Agreement, as above provided, before the completion of the then current property assessment by the COUNTY, the CITY agrees to defend and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any liability that might ensue as a result of the non- completion of a property tax assessment. For the purpose of this Agreement, the term "just cause" shall mean the failure of any party hereto reasonably to perform a material responsibility arising hereunder. 13.A.In consideration of said assessment services, the CITY agrees to pay the COUNTY the sum of One Hundred Sixty One Thousand Dollars ($161,000) plus the cost of printing and mailing value notices and all costs associated with handling Chapter 278 tax court cases. [Estimating a TOTAL cost of $200,000 depending on postage and tax court petitions] for each assessment, provided that any payment for the current year's assessment may be increased or decreased by that amount which exceeds or is less than the COUNTY's estimated cost of appraising new construction and new parcels for the current year's assessment. The amount of any increase or decrease shall be specified in the billing for the current year's assessment. 13.B.Regarding each assessment, in addition to being subject to adjustment in the above manner, said assessment cost of $161,000 plus cost of printing and mailing value notices and all Tax Court Costs with total costs estimated at $200,000 may also be increased by the COUNTY if: (1) The COUNTY determines that any cost to the COUNTY in carrying out any aspect of this Agreement has increased, including but not limited to the following types of costs: new construction and new parcel appraisals, gasoline, postage, supplies, labor (including fringe benefits) and other types of costs, whether similar or dissimilar; and/or (6) 2) The COUNTY reasonably determines that other costs should be included in the costs of assessment work. If the COUNTY desires to increase the assessment cost pursuant to this paragraph 13(B), it shall give written notice thereof by June 15 of any year and such increase shall apply to the assessment for the calendar year next following the current calendar year. Any such notification shall specifically set forth the amount of any new construction and new parcel appraisal charges. Notwithstanding any provisions herein to the contrary, if any such increase, exclusive of any charge for the estimated costs of new construction and new parcel appraisals, exceeds seven and one half percent (7.5%) of the amount charged for the assessment for the then current calendar year, exclusive of any charge for the estimated costs of new construction and new parcel appraisals, the CITY may cancel this Agreement by giving to the COUNTY written notice thereof, provided that said cancellation notice must be received by the COUNTY not later than July 24 of the then current calendar year and said cancellation shall be effective no earlier than five (5) days after the receipt of said notice by the COUNTY and not later than July 31 of said next calendar year. Supportive records of the cost increase will be open to inspection by the CITY at such times as are mutually agreed upon by the COUNTY and CITY. Failure of the COUNTY to give the CITY a price-change notice by June 15 shall not preclude the COUNTY from giving CITY such notice after said date but prior to September 1 of any year, provided that if such price increase exceeds said ten (10%) - all as above set forth - the CITY may cancel this Agreement if the COUNTY receives notice thereof not later than thirty-nine (39) days from the date of receipt by the CITY of any said late price-change notice, provided further that any such cancellation shall be effective not earlier than five (5) days after COUNTY's receipt of said cancellation notice and not later than forty-six (46) days after the CITY's receipt of any said price-increase (7) notice. Payment for each assessment shall be made in the following manner: Approximately one-half (1/2) of the cost of an assessment (the amount payable being set forth in a bill sent by the COUNTY to the CITY) shall be paid by the CITY no later than the fifteenth (15 th ) day of the December which precedes the pertinent assessment year; and the remaining portion of said cost (the amount payable being set forth in a bill sent by the COUNTY to the CITY) shall be paid by the CITY no later than July 15 of the pertinent year. The COUNTY may bill the CITY after the aforesaid dates and in each such case, the CITY shall pay such bill within thirty (30) days after receipt thereof. For the 2015 assessment only, the COUNTY will credit the CITY in the first billing the actual cost to the CITY of salary and benefits for the one CITY provided residential appraiser. It is agreed that this CITY employee will complete the quintile, new construction, and sales verification on all residential properties through October 31, 2014 to the same level as the COUNTY as stated in Exhibit A. 14. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: TO CITY: Mayor, City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 TO COUNTY: Hennepin County Administrator 2300A Government Center Minneapolis, MN 55487 copies to: County Assessor Hennepin County 2103A Government Center Minneapolis, MN 55487 (8) copies to:Assistant County Assessor Hennepin County 2103A Government Center Minneapolis, MN 55487 Any party may designate a different addressee or address at any time by giving written notice thereof as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or certified mail, shall be deemed dispatched on the registered date or that stamped on the certified mail receipt and shall be deemed received within the second business day thereafter or when it is actually received, whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. 15. It is expressly understood that the obligations of the CITY under Paragraphs 7, 8, 11, and 12 hereof and the obligations of the CITY which, by their sense and context, are intended to survive the performance thereof by the CITY, shall so survive the completion of performance, termination or cancellation of this Agreement. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK (9) IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its duly authorized officers and delivered on its behalf, this day of , 2014. COUNTY OF HENNEPIN STATE OF MINNESOTA Reviewed by County Attorney's Office: By: Chair of the County Board Date: And: Assistant/Deputy/County Administrator ATTEST: Deputy/Clerk of the County Board CITY OF BROOKLYN CENTER By: Its And: Its City organized under: Statutory Option A Option B Charter (10) Contract No. A140394 EXHIBIT A CITY OF BROOKLYN CENTER During the contract term, the County shall: 1.Physically inspect and revalue 20% of the real property, as required bylaw. 2.Physically inspect and value all new construction, additions andrenovation. 3.Adjust estimated market values on those properties not physically inspected as deemed necessary per sales ratio analysis. 4.Prepare the initial assessment roll. 5.Print and mail valuation notices. 6.Respond to taxpayers regarding assessment or appraisal problems orinquiries. 7.Conduct valuation reviews prior to Board of Review or Open Book Meetings, as determined by the City — approximate dates: March throughMay 15. 8.Attend Board of Review or conduct Open Book Meeting. Prepare all necessary review appraisals. Approximate dates: April 1 — May 31. 9.Maintain an updated property file — current values, classification data and characteristic data. 10.Prepare divisions and combinations as required. 11.Administer the abatement process pursuant to Minn. Stat. §375.192. 12.Prepare appraisals; defend and/or negotiate all Tax Court cases. 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 MARCH 10, 2014 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 8:15 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. DISCUSSION ON OPTION OF ENTERING INTO A TWO YEAR CONTRACT WITH HENNEPIN COUNTY FOR ASSESSING SERVICES Director of Business and Development Gary Eitel introduced this item, and requested the City Council/EDA's feedback and comments on a proposed agreement with Hennepin County to contract for assessing services. Mr. Eitel gave a review of a proposed assessment process, through which assessments would be conducted by Hennepin County for a two-year contractual period. He added the County's primary responsibility would be to evaluate and classify properties in Brooklyn Center, removing the burden from City Assessing staff. Mayor/President Willson asked whether the County's contract would include conducting the City's Annual Board of Equalization. Mr. Boganey confirmed this. Mayor/President Willson asked whether Councilmembers/Commissioners would need training to become familiar with the County's equalization process. Mr. Boganey stated that is a requirement as long as the City continues to have its own Board of Equalization. Mayor/President Willson stated he believes it is an important service for the citizens of Brooklyn Center. Mayor/President Willson asked whether City staff would be affected by the contract. Mr. Boganey stated the County staff will complete commercial and industrial assessments, and a City employee familiar with the assessment process will remain on staff for residential assessments. He noted the County has determined that they would require a junior appraiser position. 03/10/14 -1- Mr. Eitel stated the City employee would conduct residential appraisals through September 2014, the cost of which would be deducted from the County's contract fee. He added the employee will be able to seek other opportunities, and will have a chance to learn about the County's assessment process and be considered for positions at the County level. He noted the employee would be provided with a severance in December 2014 if another position were not secured by then. Mayor/President Willson stated he would not want the employee to lose their job, and their income, during the holiday season. Councilmember/Commissioner Ryan stated he is in favor of the proposed assessment process. Mayor/President Willson stated he is confident the new assessment process will be successful. Mr. Boganey stated it is a positive step for City staff. It was the majority consensus of the City Council/EDA to support the transition to a contract agreement with Hennepin County for Assessing Services for a period of two years. ADJOURNMENT The City Council/Economic Development Authority Work Session was adjourned at 8:40 p.m. Motion passed unanimously. 03/10/14 -2- MEMORANDUM - COUNCIL WORK SESSION DATE: March 10, 2014 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development / SUBJECT: Discussion on the Option of Entering into a Two Year Contract with Hennepin County for Assessing Services. Recommendation: It is recommended that the City Council consider providing direction to staff regarding contracting with Hennepin County for Assessing Services. Background: The Assessing Division's primary function involves the accurate classification and valuation of all real, personal, and exempt property, including the value of all improvements and structures in a maximum of 5 year intervals, as prescribed by the Statutes of the State of Minnesota, and is the staff liaison to the City's Board of Equalization. Additionally, the Assessing Division is also responsible for the processing of homestead applications; maintaining the City's Property Data System (PDS) information; and tracking of all special assessments processed by the City, The 2010 Census reported the City's population at 30,104, which exceeded a statutory threshold relating to a City's responsibility and role in providing appraisal reports and expert testimonies on tax court petitions. As a result of the additional workloads associated with the tax court, the City's Assessing Division has been in a state of transition with the following restructuring of the job responsibilities and roles of the assessing staff: •In 2012, the City entered into a contract with the Hennepin County Assessing Department to continue the services associated with tax court petitions and to provide the training to the City Assessor that would enable the City to assume its statutory role and responsibilities related to tax court petitions. This transition was scheduled to occur in 2014. •In 2013, the position of Appraiser II was created to assume a portion of the CIA property assessment (commercial, industrial, apartments) to free up the City Assessor for the Tax Court work load. •In 2013, the part time position of Assessing Technician was created to provide office support services and office coverage to free up the City Assessor and the two appraisers. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION • .September, 2013, the City Assessor resigns to accept a position with the Hennepin County Assessor's Office. In November, 2013, the City enters into an interim contract with Hennepin County to carry out the statutory responsibilities and duties of the City Assessor's position; the determination of assessed valuations of the CIA properties (commercial, industrial, and apartment) for the 2014 Assessment Year; and renewed its contract with the City to provide appraisal reports and expert testimonies for tax court appeals The cost of the contract is calculated on a time and material basis not to exceed an amount equivalent to the City's budget for the Assessor's position during this time period. The 2014 Budget for the Assessing Division was established at $374,795 and included the replacement of the City Assessor Position with the City undertaking the responsibilities for tax court appraisal; with the notation, that the City was reviewing the overall budget effects of entering into a contractual arrangement with Hennepin County for Assessing Services. Specifically, the City was reviewing the additional functions and roles performed by the Assessing Division relating to special assessments and maintaining the City's property data system. Hennepin County Contract for Assessing Services: In addition to the interim budget for the 2014 Assessment Year, the County Assessor's Office provided the City with a draft contract to perform the primary function of the Assessing Division and meet all of the City's statutory requirements for the Assessment Years of 2015 and 2016, The contract provides for the payment of an annual sum of $161,000 (plus cost of postage and tax court costs). The County's estimated budget was projected at $190,000 to $200,000, depending on tax court petitions for each assessment year. The contract requites the City to provide office personnel to accept and process homestead applications and a work space for the occasional use of two County appraisers. The following estimates include the current office costs for the Assessing Division and options for either the continuation of the part time technician's position or a full time position that enables other departmental job sharing opportunities: Budget with County Contract and a continuation of a part time administrative support position: $216,729 to $226,729, which reflects a potential General Fund savings of $158,000 to $148,000 Budget with County Contract and a full time administrative support position: $253,491 to $263,491, which reflects a potential General Fund savings of $121,000 to $111,000. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION During the last 3 months, there have been continued discussions with the County Assessor on options relating to the employment possibilities for the existing Assessing staff which has evolved into an outline of a modified 2 year contract that includes the following: •The agreement would be effective May 1, 2014 and include the 2015 and 2016 Assessment Cycles. •An inter-jurisdictional transfer of one employee for a position that County is reserving for a residential appraiser position. •The City would retain one employee who would complete the residential assessment for 2015, which is projected to be completed by the end of September, 2014. •The County would provide this employee with the necessary tools, training, and supervision to collect, create, and edit the 2015 residential assessment in the County's appraisal (CAMA) system. •The County and the City would work out a formula to account for the City's actual costs of the city staff appraiser and credit those costs against the City's costs of the contract. •The County and the City will continue to work out staffing plans in the event the City's employee were to leave the employment of the City prior to the completion of the residential assessment. •The 2016 Assessment Cycle would be completed entirely by the County. As part of this option, the City would be considering the structuring of a severance package, in the event the residential assessment is successfully completed and the City's appraiser staff has not found other employment. The County has expressed that the goal of this agreement is to establish a long term relationship with the City and provided the attached list of Cities that they have contract with for Assessing Services. Additionally, attached for your reference is a handout provided by the County Assessor at our initial meeting in 2013, Expectations of Assessors in Hennepin County for the 2014 Assessment, which provides an insight into the role of the County Assessor's office and responsibilities to property assessments, all related legislative mandates and statutes and their relationship to all assessment office staff in Hennepin County, regardless of their employer. Policy Issues: Does the City Council believe they have a sufficient understanding of the option of contracting with Hennepin County for Assessing Services? Does the City Council believe that entering into a Contractual Relationship with Hennepin County for Assessing Services is in the best interests of the City? 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V) 0 "5 (7' -5 4":" c0 13' 0 ,, W 0 (i).°.a CO 4-'-0'-`>aS 0Ca.xoo CLCI trz-cuix cu 13'6 Ects..c M4, tri X -.0) .2-, .0o : 2 0.0 t 0.0oWOOzcc=cco2otAra.E c ° 0c (3L. 0 C— 4 ) 1-.2 c <.. 0 5.ram i 1 W c a) 0 cl)LT) b.°c —Ewou)ox-i15.2.) c (1) >0 Crs a.3ti . _ -C3cu CDN m2ezca 0‘b u0 ,..c0. C)a),,c =0 co 0 Expectations of Assessors in Hennepin County for the 2014 Assessment September 10, 2013 All assessment offices in the county are expected to follow the recommendations and policies set by the Hennepin County Assessor and the Department of Revenue, and adhere to all legislative mandates and statutes. This document applies to all assessment office staff in • Hennepin County, regardless of their employer. All assessin ersonnel in Henne m Count shall: Provide prompt, professional and courteous customer service. Be available to respond to property owners, the general public, government officials, county assessor staff, or others regarding assessment or appraisal issues and inquires during regular business hours. Respond to data requests and review reports from County Assessor staff within the requested timeframe. Provide timely communication to County Assessor staff of questions and concerns. Meet all assessment deadlines and follow all guidelines and procedures set forth by the County Assessor as described in the Information and Communication Manual, HAM meetings and other communications from Hennepin County. Utilize all software programs and workflows, and maintain databases, such as ACE, eCRV and TAXSYS as prescribed by Hennepin County and the DOR. Any configurations or modifications to these systems must be approved by the County Assessor. Provide the County Assessor with the name, role and designation of all associates involved with the assessment and or classification of property in their assessment jurisdictions. Maintain the appropriate State Board of Assessors designation, license level and income certification required for all staff in the assessment jurisdiction. Adhere to the State Board of Assessors Code of Conduct and maintain current Assessor Disclosure forms. The County Assessor will serve aS the liaison between DOR and all othe'r assessors and assessment staff in Hennepin County. All DOR questions, requests or responses shall be submitted through the County Assessor. Attend and participate in all meetings, training sessions and information sessions'when offered or recommended by the Hennepin County Assessor's Office. It is the responsibilitY of the city assessor to ensure that the appropriate staff is also in attendance at meetings and training sessions appropriate to their job responsibilities. If the city assessor and/or their personnel will not be attending a required meeting, the city assessor should make sure they send appropriate. representation in their place and notify the County Assessor of whom will not be attending and why. This includes', but is not limited tO, the following meetings: 0 HAM Meetings 0 Assessment Information and Communication Meetings Page 1 of 7 •Residential Assessment Meetings, i.e., Ag Meeting, Lakeshore Meeting •Commercial, Industrial and Apartment Meetings o Instructional sessions relating to new technologies and software o Fall Ratio and Truth-in-Taxation Meeting, along with appropriate representatives from city administration, finance department and city council O Any other meetings, training, or information sessions offered or recommended by - Hennepin County City and local assessors and their staff will provide assistance and cooperation to Hennepin County staff conducting valuation or assessment reviews. Follow all other policies and procedures as described in the Information and Communication Manual or communicated by the County Assessor's Office. Assessment & Taxes Proiect: The implementation of the Assessment and Taxes program will affect all assessors in Hennepin County. The participation and engagement of assessment staff throughout Hennepin County is imperative to the success of the project. All jurisdiction S shall send appropriate representation to all informational and training sessions. Jurisdiction representatives are responsible for informing other jurisdictional staff of information presented at informational and training sessions. • •All jurisdictions shall review and respond to informational requests to ensure adequate functionality is built into the program to accommodate the needs of all jurisdictions in Hennepin County. Assessment Administration: Complete divisions and combinations in a timely manner throughout the assessment year. Coordinate the printing and mailing of valuation notices with HennepihCounty. Administration of the homestead and special homestead classification, and maintenance of the Social Security Number file, both current and prior year. Take appropriate measures using best practices to protect and Maintain the security of all confidential data, including but not limited to, social security numbers, specific information on disabilities and income and expense data. Administer all legislatively mandated programs pursuant to the corresponding Minnesota Statutes, and all amended legislation, as directed by the County Assessor. These include: •Abatement processes under (M.S. 375.192; 273.1231 273.1235; 273.11, Subd. 21) •This Old House (M. S. 273.11 Subd. 16) •Plat Law (M. S. 273,11 Subd. 14) •Green Acres (M. S. Subd. 273.111) (over 30,000) O Rural Preserve (M. S. 273.114) (over 30,000) O Veterans Homestead Market Value Exclusion (M. S. 273.13, Subd. 34) (over 30,000) Page 2 of 7 Forward all Minimum Assessment Agreements (MAA) to the County Assessor for review and. validation in a timely manner. Prepare the documentation required by the County Assessor for requests for exemption from property tax and include your recommendations. Maintain and update the property characteristics of all exempt property in your jurisdiction's database and Hennepin County's exempt file database annually. Utilize and maintain data in the County Ag Program and report appropriate 2a and 2b acreage breakdowns for abstracts and other related programs. Coordinate creation and cancelling of personal property accounts and transfer of valuation and classification data with the appropriate Hennepin County staff. Verify ownership of qualifying property and track all Contiguous Indicators. Maintain .a contiguous ownership list noting primary ownership parcels and the secondary parcels, which would have the "Yes" indicator [higher tax capacity] through sales ownership verification. Assessment Submission Requirements: Coordinate the submission of yOur annual assessment with Hennepin County Staff, dates should be determined by mid-October. All prescribed documents must be submitted in the requested format and timeline, including, but not limited to: •Time adjustments, any breakdowns of the time adjustment used and corresponding MCAP ratios. Preliminary time adjustment's and sale code cNnge'requests for all filed CRV's should be submitted in September •Electronic copies of the Residential & CIA Assessment Summary.Forms, including •statistics and ratios •Certification of Quintile and 5 year Quintile Plan —See HC Quintile.Plan a Electronic report listing all PIDs and sub-records with required data •7 Step forms for CIA as necessary •List of staff with role and designation, InVolved in the creation of the assessment Hennepin County provides a common email address which shall be used for submitting all assessment documentation: aO.annualfiles@co.hennepin.mmus Commercial, industrial, apartment (CIA) and corresponding vacant land assessment data must be submitted in electronic spreadsheet format for review and approval by Hennepin County staff prior to submitting the entire assessment. (See attached Exhibit A for specific details) This is a preliminary list. Complete instructions will be provided during a HAM Meeting or similar event Appraisal Re Physically inspect and revalue approximately 20% of all real property and personal property, as required by statute on an annual basis. All properties must be physically viewed in a 5 year cycle. See HC Quintile Plan for additional information. Page 3 of 7 Physically inspect and value all new construction, additions, and renovations each assessment year and submit new construction amounts with.the initial assessment. * History surrounding the new construction, including, detail of the improvement, calculations, etc. must remain in the property record file for a minimum of 3 years after the initial assessment. Value all taxable parcels annually to meet assessment requirements set by the County Assessor and Department of Revenue. Value all exempt properties on a 6-year cycle. All valuations should be generated using generally accepted appraisal methodology, considering the highest and best use [HBU], and value in exchange. Maintain updated property records for all taxable and exempt properties in your jurisdiction's database and with Hennepin County on an annual basis. Property records should include the following information: •Current and historical classification, valuation and improvement amounts O Property characteristics o New construction and partial completion documentation •Inspection and characteristic change history o Property photo and building sketches, preferably stored in digital format o Photo(s) must represent the current condition of improvements as of the assessment date. o Building sketch(s) should be scalable, drawn on graph paper or electronic sketching program and must represent status of all improvements as of the asses.sment date. Copies of site plans, blue prints, etc. are not building sketches. •The scalable sketch is used to determine size aimprovements. •Building sketches must show detail of all improvements. •Residential sketches must show additions, decks, patios, porches, 'etc. All jurisdictions will maintain a five year plan to complete the quintile and a yearly work plan for submission by April 1 each year, which identifies: •Neighborhoods, property types and the location of each of annual quintile which will be completed in the 5-year cycle, either by map &/or spreadsheet o Sequence of tasks for the year, including plans to rectify items of concern identified by Hennepin Coubty during the assessment approval process or other discussions, or by the Property Tax Compliance Officer or State Board of Appeal and Equalization Sales Verification - All sales in the assessor's jurisdiction shall be verified by the assessor or their appropriate staff members. o Sales verifications and sale code changes should be completed and submitted to Hennepin County according to the prescribed procedures and timeframe in order meet the requirements set by Hennepin county and the Department of Revenue. •Concerns should be promptly communicated via the common email address for submitting all eCRV/CRV documentation: ao.crv@co.hennepin.mn.us Page 4 of 7 •To change a residential sale after initial clerical screening, complete the Hennepin' County Sales Code Change Request Form and provide appropriate documentation. •ACE should be completed for all CIA sales as soon as a determination is made on the sale code, regardless of buyer/seller communication or lack thereof. .• There will be times just prior to final CRV pickup in which the assessor will be expected to process CRV's on a daily basis. The County Assessor has final authority in all sales verifications. Any questions to the Department of Revenue shall be submitted .through the County Assessor. Local Board of Appeal and Equalization Conduct valuation reviews prior to the Local Board of Appeal and Equalization (LBAE) meeting, attend and participate in your LBAE meeting, perform review appraisals as requested by the LBAE. Any party that.contacts the assessor prior to a local board, or who attends a LBAE meeting without an appointment, must be permitted to participate in the appeal process at the local level. Adhere to the DOR Handbook "Board of Appeal and Equalization Training" Additional re uirements for Count staff and "urisdictions under 30,000: In an effort to make our processes more consistent, all local and county-assessed jurisdictions will follow the same assessment submission procedures, processes and timelines. These processes include: •Following the Hennepin County Residential and Commercial Assessment Checklist •Preliminary land submissions for residential parcels in September •Timely completion of sales verifications to aid in accurate time adjustment calculations •Meeting with County Assessor representatives prior to assessment submission to review completion of the Assessment Checklist and assessment levels Use Hennepin County CAMA, Mobile Assessment Integration application (MAI), Apartment Calc, Resca lc and the Ag/Multi-subrecord Program as provided. •Utilize prescribed methodologies for valuation of residential land using neighborhood and site adjustment methodology and for lakeshore, using effective frontage and lake- bay-ratings •Enter all characteristic changes and inspection data into the Mobile Assessment Integration application (MAI) and timely submit changes Hennepin County staff. •Utilize and maintain Apartment calc program as prescribed by Hennepin County •Utilize and maintain data in the County Ag Program and report appropriate 2a and 2b acreage breakdowns for abstracts and other related programs •Hennepin County computer usage guidelines must be followed by anyone using Hennepin County hardware or equipment. Page 5 of 7 Deficiencies: The County Assessor will initiate the deficiency process if there is any evidence of non- compliance with the procedures listed in this document or frequent inaccuracies in the quality/quantity of work submitted by any assessing jurisdiction. (M.S. 273.061 subd. 8) The deficiency process is as follows: o A written warning will be given to the assessor, when appropriate for the level of infraction. The warning will identify the infraction and, as appropriate, detail future expectations of performance and behavior, specific corrective action and a compliance date. o For repeated or more significant deficiencies a written warning will be given to the assessor with copy of said warning sent to city administration, city council and the county board. The warning will identify the infraction and, as appropriate, detail future expectations of performance and behavior, specific corrective action and a compliance date. •• Failure to remedy the infractions as directed in the warning, by the' prescribed date will require corrective actions by the County Assessor, with billing to the Prisdiction for the full cost of correcting the deficiency. Page 6 of 7 CIA Submission Recgrements Spreadsheet must present final 1/2/2014 values and property attributes Exhibit A Specific requirements for all Commercial, Industrial, Apartment, and Corresponding Vacant Land Property o Submit your properties in an electronic spreadsheet format by city (Excel is required) with the minimum data elements listed below. o One spreadsheet should contain the data elements for the property types; A, AX, HF, HL, NH, and LA. o One spreadsheet should contain the data elements listed below for the property types; C, I, LC, LI, MH, NP, SR, GC and U. These spreadsheets should include all taxable real property and personal property account parcels. Parcels that have billboards, cell towers, hangers, railroad leases, etc. should be included in these spreadsheets. o Each parcel should indicate a "new" use code from the list dated 8/14/2013. Each sub record should have a use code relevant to it. Multiple sub record parcels may have a different use code for each sub record. o Hennepin County will provide the taxable value on golf courses and clubhouses. City Assessor's will provide the estimated market values. o Hennepin County will aid assessors in the valuation of manufactured home parks and marinas. Minimum data elements for Commercial, Industrial, Apartment, and Corresponding Vacant Land Property [Required Order] 1.Property ID Number 'Address 25.Number of Units (Nursing Homes, Hotel/Motels, Marinas, etc.) 3.Project Name 26.Sale Price (In past 5 years) 4.Owner Name 27.Sale Date 5.Property Type 28.Acceptance or Reject Numeric Code 6.Su6record [one subrecord per line]29.Petitioned (YIN) (In past 3 years) 7.Zoning 30.Settlement Value 8.Contiguous Indicator [Y or N]31.2012 Land Value 9.Gross Land Area 32.2012 Building Value 10.Usable Land Area 33.2012 Total Value 11.Use Code •34. .2013 Land Value 12."New" Use Code (Based on list dated 35.2013 Building Value 8/14/2013)36.2013 Total Value 13.Market Class of Property (I.e. class A 37.2014 Land Value office bldg)38.2014 Building Value 14.Construction Year 39,2014 Total Value 15.Effective Age 40.2014 Land Value per Useable Land Area 16.Clear Height 41.2Q14 Total Value per Unit Comparison 17.First Floor Area (FFA)A. Total Value 5/GBA 18.Total Floor Area (TFA)B. Total Value $/NRA 19.Gross Building Area (GBA)C. Total Value 5/Unit 20.Net Rentable Area (NRA)42.Percent Change Increase or (Decrease) 21.Mezzanine Area 2014 over 2013 value 22.Basement Area 43.2014 Improvement amounts 23.Office Percent (Industrial Properties)44.Comments* 24.Number of Units (Apartments) . *Any other comments to assist the reviewer in understanding and explaining what was done to set the (2014) current year assessment. Page 7 of '7 COUNCIL ITEM MEMORANDUM DATE: April 14, 2014 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development Kelli Wick, Director of Human Resources SUBJECT: Resolution Authorizing Transitional Plan for Assessing Department. Recommendation: It is recommended that the City Council consider approval/adoption of the Resolution Authorizing Transitional Plan for Assessing Department. Background: As part of the negotiations of entering into a contract with Hennepin County for assessing services, the City pursued options with the County Assessor that could include employment opportunities for the two existing appraiser positions. These negotiations resulted in an inter-jurisdictional transfer of the city employee (Appraiser I) to fill an opening within the County Assessor's Office and the opportunity for the remaining city employee to be trained by the County to complete continue this year's residential property assessment using the County's program. The city employee in the Appraiser I position will transfer to the County's Assessing Department on May 5, 2014 and start as a Jr. Appraiser, step 5. The County's Jr. Appraiser position has 8 steps with advancement eligible upon the successful completion of the six month probation period, annual reviews, and completion of an AMA certification. The salary of the top level of this position is comparable to the current Appraiser I position. A severance package for the Appraiser I position, accepting the inter-jurisdictional position, is proposed to include the following: 1.A one year gap funding of $7,621.12, the difference between the City's current wages based on $26.843 per hour and the County's step 5 wages at $23.179 per hour. 2.A prorated sick leave severance payment for the sick leave accrued over the last two years. 3.A two month continuation of health insurance coverage pending enrollment into the County's Health Program. 4.Pay out of unused vacation leave in accordance with the City's Personnel Policy. The Appraiser II position will be trained by the County in the use of their appraisal program and field work reporting equipment and will be responsible for completing the residential property Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM assessment for 2015. The position is projected to be for a 5 month period, ending in September/October. The County Assessor has indicated that they plan on reviewing their work load this fall and will likely begin the formal notice of employment and hiring process during first quarter of 2015. A severance package for the Appraiser II position, leaving employment in good standings with the City is proposed to include the following: 1.90 day (520 hour) lump sum payment of wages (current hourly rate $31.888 times 520 hrs. = $16,581.76) 2.Continuation of current health insurance coverage for three months. 3.Pay out of unused sick leave in accordance with the Personnel Policy 4.Pay out of unused vacation leave in accordance with the City Personnel Policy. Budget Issues: The two severance packages for the two appraiser position are estimated to be $40,000. Strategic Priorities: • Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive conumuzity that enhances the quality of life for people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING TRANSITIONAL PLAN FOR ASSESSING DEPARTMENT WHEREAS, the City of Brooklyn Center will be entering into a contract with Hennepin County for Assessing services effective in May 2014; and WHEREAS, this contracted service is estimated to reduce general fund operating costs by approximately $120,000 annually; and WHEREAS, the dedicated Brooklyn Center assessing personnel will be displaced in this conversion and the City wishes to provide for a transitional plan that will recognize the contribution made by assessing personnel; and WHEREAS, the Appraiser II position will continue employment with the City through October 1, 2014, and if employment continues in good standing the following severance will be provided: •90 days lump sum payment of wages •Continuation of current health insurance coverage for three months •Pay out of unused vacation leave in accordance with the Personnel Policy •Pay out of unused sick leave in accordance with the Personnel Policy WHEREAS, the Appraiser I position will be hired by Hennepin County beginning in May. If employment continues in good standing the following severance will be provided: •One year gap funding (the difference between his current city wages and county wages) •Continuation of current health insurance coverage for two months •Pay out of unused vacation leave in accordance with the Personnel Policy •Prorated sick leave severance payment WHEREAS, the cost of this severance package is estimated at $40,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the transitional plan set forth in the resolution be, and hereby is, approved and the City Manager is authorized and directed to implement such plan. April 14, 2014 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. 10h COUNCIL ITEM MEMORANDUM DATE: TO: FROM: SUBJECT: April 14, 2014 Curt Boganey, City Manager'46Sharon Knutson, City Clerk 0 Yl. Type IV 6-Month Provisional Rental License for 7013 Fremont Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 7013 Fremont Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This is a single family property. This property qualifies for a Type IV provisional rental license, based on 13 property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 10-09-2013 11-13-2013 12-17-2013 01-21-2014 02-18-2014 The Owner, Nathan Zadik, applied for an initial rental dwelling license for 7013 Fremont Ave N, a single-family residential property. An initial rental inspection was conducted. (13 property code violations were cited, see attached rental criteria) A follow-up inspection was conducted and failed. A $100 reinspection fee was charged to the property. The $100 reinspection fee was paid. A second rental inspection was conducted and passed with weather deferral for exterior painting. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 02-18-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-04-2014 A Mitigation Plan was submitted. 03-24-2014 The Mitigation Plan was finalized. 04-02-2014 A letter was sent to the owner notifying that the hearing before the Council will be held April 14, 2014. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of deteimining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the 004 , of life for all people and preserves the public trust 0-11-2 unitsType I — 3 Year 3+ units 0-0.75 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type 11-2 Year 1-2 units 3+ units Greater than 1 but not more than 4 Greater than 0.75 but not more than 1 5 Type III — 1 Year Type IV —6 Months 1-2 units 3+ units 1-2 units 3+ units Greater than 4 but not more than 8 Greater than 1.5 but not more than 3 Greater than 8 Greater than 3 COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) License Category Number of Units No Category Impact 1-2 3-4 units 5 or more units 0-1 0-0.25 0-0.35 2 3-4 units 5 or more units 1-2 3-4 units 5 or more units Greater than 1 but not more than 3 Greater than 0 25 but not more than 1 Greater than 0.35 but not more than 0.50 Greater than 3 Greater than 1 Greater than 0.50 Decrease 1 Category Decrease 2 Categories COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust e-rion A — PrOpel., .nfOrntafitin Property ,AddreSS:.7013 Fremont AVQ,N Brooklyn Center, :MN Owner Name:,. . _ .IH2 PrOperty:Illinals, LP a Delaware Urn Partnership Local Agent: -Invitation .Homes Owner Address:- 1270 .ENen industrial Rd #160,- Eagan; MN 55121 Owner Phone: 952 .:63.1950 O wite rEm a il:- _ AgentAddress: 1210 Eagan Industriai Rd #160, Eagan, MN .55121 Ag611 11-ion_9:,96M63-1 9401 Agent Email nbeigle@invitaticinhomes.cdm- Current T.:ieense Expiration bate: *Pending Type IV License Exp. Date: TBD Ph ify_r___A-/ months fi-oin current license License Expires 10/31/2014 VSSRental License; ectwn 117.4cinirOlNiclitinents Submit the following documents with the Mitigation Plan for approval: I I Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. 2. Copy of Lease including Minnesota Crime Free Housing Lease AddendumII 3. Submit written report by 10 th of each month (after license approval). I 1 /1 Sehon C— Ci ime Free (j_Ir rain .g.k_q e I 1.Use written lease including Crime Free Housing Lease Addendum, 2.Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. I City of Brooklyn Center Phone: 763-569-3300 TTY 711 6301 Shingle Creek Parkway Fax: 763-569-3360 Brooklyn Center, MN 55430-2199 www.cityofbrooklyncenter.org i•IMIIIIIIIMIMIIIIIIMIIIML=.===,T -:7TT7P:,L.— Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website. Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure onaoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Page 1 Type IV Mitigation Plan Rev 11-16-11 Setion.ES.,teps toiañéiit añdCoñditionso ErOpev Il /I Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: I/ l I. Check in with tenants every 30 days. 2. Drive by property to check for violations twice a month. Date Scheduled: 3-2 1 -14 @ 9am Improvements to be completed by: I ll I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 9-12'13 or Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommended by Brooklyn Center Police Department. Plias will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 3 '13-14 & 5-8-14 Do these two meeting dates occur before the *Pending Type IV License expiration date? *Yes T No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. I will have no repeat code violations previously documented within the past year. For properties with four or more units: 11010 CilPitaUtuprOve140.41.0i_ai 4 Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-11-12-13 15 yrs in 2028 Water Heater-1212010 10 yrs in 2020 Kitchen Appliances-11-12-13 2023 Laundry Appliances-11-12-13 2023 Exterior -Paint/Siding, fascia, trim unknown 10 yrs 2023 -Windows 11-12-13 15 yrs 2028 -Roof 11-12-13 15 yrs 2028 -Fence unknown 10 yrs 2023 or as needed -Shed Removed We -Garage unknown 10 yrs 2023 -Driveway unknown 10 yrs 2023 -Sidewalks unknown 10 yrs 2023 Smoke Alarms & Carbon Monoxide Alanns 11-12-13 5 yrs or as needed Other(s) Page 2 Type IV Mitigation Plan Rev 1146-11 Owner or Agent Name and Title (Please Print) Owner or Agen el V Date Foi City Use--Vlitigation Plan Approved By: ej<S1 olice;DePanment /Title mmdni y Standards Department/Title Date I 13. Evict tenants in violation of the lease and all addendurns.g 4. Provide lawn/snow service. 5. Provide garbage service. Install security system. 7. Provide maintenance service plan for appliances. Name of service co.: 11:21 61 1 Invitailon Homos Resident Services 1 18. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.11 1 9. Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10d, each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if! do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. Noelle Beigle Additional Owner or Agent Name and Title (i f applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. 101 ( COUNCIL ITEM MEMORANDUM DATE: April 14, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk &IAA SUBJECT: Recommendation: Type IV 6-Month Provisional Rental License for 5540 Knox Ave N It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5540 Knox Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type I rental license. This property qualifies for a Type IV provisional rental license based on 15 property code violations found during the initial rental license inspection and one validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 10-11-2013 The Owner, Roberto Miguel Rodriguez, applied for renewal of the rental dwelling license for 5540 Knox Ave N, a single family dwelling. 10-30-2013 An initial rental inspection was conducted. 15 property code violations were cited, see attached rental criteria. 12-04-2013 A second rental inspection was conducted and passed. 12-04-2013 City records indicate one validated police incident/nuisance calls occurred in the past twelve months. (Theft on 9-11-13) 01-31-2014 The previous rental license expired. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 02-05-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-20-2014 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-21-2014 A Mitigation Plan was submitted. 03-10-2014 The Mitigation Plan was finalized. 04-02-2014 A letter was sent to the owner notifying that the hearing before the Council will be held April 14, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quoin), of life for people and preserves the public trust 0-11-2 unitsType I — 3 Year 3+ units 0-0.75 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Greater than 1 but not more than 4 Greater than 0.75 but not more than 1.5 Greater than 4 but not more than 8 Greater than 1.5 but not more than 3 Greater than 8 Greater than 3 Type 11-2 Year 1-2 units Type III — 1 Year 3+ units 1-2 units 3+ units Type IV —6 Months 1-2 units 3+ units COUNCIL ITEM MEMORANDUM perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. O At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust License Category No Category Impact Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 0-0.25 Number of Units 1-2 3-4 units 5 or more units 0-0.35 Decrease 1 Category 1-2 3-4 units Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 1-2 Greater than 3 3-4 units Greater than 1 Decrease 2 Categories 5 or more unitsGreater than 0.50 COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. 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VO 'VZ /fee / Cf t‘;" II, I• _ .tf■ (ft-g-art My Lam Owner or Agent Signature • Alex Delendik For City Un--Mi ligation Plan Approved By: 3//6/// Date -3/3 ity Date or' P a lice Department / Title uildi mm nity Standards Department! Title st I 3 Evict tenants in violation of the lease and all addendums.g 4. Provide lawn/snow service. 5. Provide garbage service. 6 Install security system. 7.Provide maintenance service plan for appliances. Name of service co.: 8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9. Other(s): l Igil Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10 th of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an • approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. Lam Owner or Agent Name and Title (Please Print) . Additional Owner or Agent Name and Titl (if applicable) (Please Print) 2/20/2014 Date 2/20/2014 Additional Owner or Agent Signature Of applicable) Date Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. 10j COUNCIL ITEM MEMORANDUM DATE: April 14, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk .3416M7k KYUAtAb,&_, SUBJECT: Type IV 6-Month Provisional Rental License for 6012 York Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 6012 York Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The property would have qualified for a Type III Rental License based on the number of property code violations (six) and validated police nuisance incidents (zero). However, the property owner failed to meet the condition(s) of the Type IV Rental License, specifically failed to attend Owners/Managers Association Meetings. The property owner received a Type IV Rental License on December 9, 2013 on condition of adherence to the Mitigation Plan and City Ordinances. The owner has failed to comply with the Mitigation Plan and applicable ordinances. According to City ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities: 10-31-2013 The previous rental license expired. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 11-19-2013 12-26-2013 01-27-2014 01-27-2014 01-3 1-20 14 02-10-2014 02-10-2014 02-18-2014 02-20-2014 02-26-2014 03-04-2014 03-10-2014 04-02-2014 Prior Type IV 03-05-2013 04-02-2013 04-17-2013 04-30-2013 05-16-2013 05-28-2013 05-28-2013 07-01-2013 07-01-2013 07-08-2013 07-15-2013 07-15-2013 08-05-2013 08-09-2013 08-15-2013 08-15-2013 The owner, Korpo Hanson, applied for renewal of the rental dwelling license for 6012 York Ave N, a single family dwelling. An initial rental inspection was conducted. Six property code violations were cited, see attached rental criteria. The inspector arrived for the scheduled inspection, however, there were no adults present so the inspection could not be conducted. $200 in reinspection fees were charged to the property. A reinspection was conducted and passed; however, the reinspection fees were not paid. The $200 reinspection fees were paid. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A $250 Administrative Citation (repeat violation occurring within 24 months) was issued for not meeting plan requirements. A Mitigation Plan was submitted. The $250 Administrative Citation was paid. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held April 14, 2014. Rental License approval activities: The owner, Korpo Ngaima (Hanson), applied for renewal of the rental dwelling license for 6012 York Avenue N, a single family dwelling. The owner called to reschedule the inspection on April 2, 2013. An initial rental inspection was conducted. 15 property code violations were cited, see attached rental criteria. The previous Type IV license expired. The owner contacted staff regarding issues he was having with his contractor and was not able to get the work completed in time. A second inspection was conducted and failed. The property was posted as unlicensed. A follow up inspection was conducted and failed. A $100 reinspection fee was charged to the property. The $100 reinspection fee was paid. A follow up reinspection was conducted and failed. A $100 reinspection fee was charged to the property. A follow up inspection was conducted and failed. The $100 reinspection fee was paid. A $300 Administrative Citation was issued for operating without a valid rental license. At the end of the day, staff spoke with the owner on the phone regarding changing the scheduled inspection due a family emergency. Options were discussed to have Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 08-26-2013 09-05-2013 09-06-2013 09-06-2013 09-06-2013 09-17-2013 09-19-2013 10-04-2013 10-18-2013 10-21-2013 10-24-2013 11-18-2013 11-18-2013 11-25-2013 Prior Type IV 08-03-2012 08-31-2012 10-01-2012 10-29-2012 10-3 1-20 12 11-06-2012 11-06-2012 11-14-2012 COUNCIL ITEM MEMORANDUM someone else available to meet at the inspection, but the owner decided to wait. Therefore, it was rescheduled even though there was an extensive time since the license expired. A $600 Administrative Citation was issued for operating without a valid rental license. The owner visited City Hall to discuss a citation she received regarding operating without a rental license. A reinspection was conducted and passed. A $100 reinspection fee was charged to the property. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. An Administrative Hearing was conducted regarding the Administrative Citations. The $600 Administrative Citation was stayed for one year. A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A Mitigation Plan was submitted. A $300 reinspection fee was charged to the property. The Mitigation Plan was finalized. The $300 Administrative Citation was paid. The $300 reinspection fee was paid. A letter was sent to the owner notifying that the hearing before the Council will be held December 9, 2013. Rental License approval activities: The Owners, Korpo Ngaima and Presley Hanson, applied for renewal of the rental dwelling license for 6012 York Ave N, a single family dwelling. An initial rental inspection was conducted. 18 property code violations were cited, see attached rental criteria. A follow up rental inspection was conducted and failed. A follow up rental inspection was conducted and passed. A $100 reinspection fee was assessed to the property. The previous rental license expired. The $100 reinspection fee was paid. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 11-29-2012 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-06-2012 A Mitigation Plan was submitted. 02-05-2013 The Mitigation Plan was finalized. 02-15-2013 A letter was sent to the owner notifying that the hearing before the Council will be held February 25, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The teuns of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public tutst COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0 75 but not more than 1.5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Impact 3-4 units 5 or more units 0-0.25 0-0.35 Decrease 1 Category 1-2 3-4 units Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 1-2 Greater than 3 3-4 units Greater than 1 Decrease 2 Categories 5 or more unitsGreater than 0.50 COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic Priorities: • Vibrant Neighborhoods Attachment - Copy of Mitigation Plan Approved as Part of the April 14, 2014 Type IV Rental License Approval - Resolution Approving a Type IV Rental License for 6012 York Avenue N Mission: Ensuring an attractive, clean, safe, inclusive comnumity that enhances the quality of life for all people and preserves the public trust I City of Brooklyn Center Phone: 763-569-3300 TTY 711 6301 Shingle Creek Parkway Fax: 763-569-3360 Brooklyn Center, MN 55430-2199 www.cityofbrooklyncenter.org 111111011131k, --, :., .a- ' . a ..--naS.7,,...:-.. ,...-. - - - Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website. fi_SR:V 4 'Oar A.10410_ , , ;.4m4: v.7 .' Property Address: 6012 York Ave. Brooklyn Center MN, 55429 Owner•Name ' Presley & Korpo Hanson Local Agent: Owner Address: . 10281 41st PI NE St. Michael MN 55376 Agent Address: Owner Phone: 7636702543 Agent Phone: Owner Email: presleyhanson@aol.com Agent Email: Rental License: I New IMI Renewal: Current *Pending (Six months License Expiration Date: Type IV License Exp. Date: from current license expiration) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Submit the following documents with the Mitigation Plan for approval: 1 1 ‘1 1 Crime Free I-lousing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. I 2. Copy of' Lease including Minnesota Crime Free Housing Lease Addendum [ 1 3. Submit written report by 10 th of each month (after license approval). Section CrimeI.VW. iiiiifiii ,iVkiiani.Requirements.rill e ti. Use written lease including Crime Free Housing Lease Addendum.1 1 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. I 1 I 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 4. Attend City approved eight hour Crime Free Housing course. or Date Course Scheduled:Date Course Completed: Phase H security improvements recommended to be completed by: by the ,=,? VA0--, I j Complete Security Assessment and implement all Brooklyn Center Police Department. Date Scheduled: S /(We3-1 / 2 -- Improvements Phase III (two). 510/2014 & 7/10/2014 I %1 k will attend a minimum of 50% of the ARM meetings I will attend the ARM meetings scheduled for: 3/13/2014. Do these two meeting dates occur before the *Pending (*See Section A) If no, you will only be able to qualify 'Type IV License expiration date? C Yes No for a Type IV Rental License upon renewal. within the past year. crime prevention techniques. I. ( I I will have no repeat code violations documentedpreviously For properties with four or more units: I 1 I'I will conduct resident training annually that includesli I I will hold regular resident meetings. $.6a.4k. ,•:, :Orni;VIOtilIfiliiKiVaifOi*Pl an Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections, Date Last Replaced Estimated Replacement Date Furnace/AC-1999 .2020 Water Heater-1999 2020 Kitchen Appliances-2010 2016 Laundry Appliances-2007 2016 Exterior -Paint/Siding, fascia, trim 1998 2025 -Windows 1999 2025 -Roof 2007 2030 -Fence -Shed -Garage 1999 2025 -Driveway 1999 2025 -Sidewalks Smoke Alarms & Carbon Monoxide Alarms 2013 2016 Other(s) ;iS001b* Os ,toliiiiii.a.4:Mana g ementu Conditions of Pt operty. ' .. .:,: ." • :: Implementing the following best practices may assist in the By checking the boxes below, you agree to: management of your property. month. - 11 1 I 1. Check in with tenants every 30 days.I I i 2. Drive by property to check for violations twice a Page 2 Type IV Mitigation Plan Rev 11-16-11 II I 3 Evict tenants in violation of the lease and all addendums. 4 Provide lawn/snow service. 5.Provide garbage service. 6.Install security system. 7. Provide maintenance service plan for appliances. Name of service co.: irni 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9. Other(s): Korpo Hanson 02/26/2014 Date DateAdditional Owner or Agent Signature (i f applicable) Page 3 Type IV Mitigation Plan Rev 11-16-11 Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10 th of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. Presley Hanson Owner or Agent Name and Title (Please Print) Additional Owner or Agent Name and Title (i f applicable) (Please Print) 02/26/2014 11 I -DV/dmi Y3/)Standards Department / Title Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6012 YORK AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6012 York Ave N, was issued a Type IV Rental License on December 9, 2013; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for an owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners/Managers Association Meetings, complete Crime Prevention Through Environmental Design Requirements and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 6012 York Ave N Brooklyn Center failed to attend Owners/Managers Association Meetings; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6012 York Ave N, Brooklyn Center, MN. April 14, 2014 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 Counci Agenda Item No. 10k COUNCIL ITEM MEMORANDUM DATE: April 9, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk VONAW/WL SUBJECT: Mayoral Appointment of Member to Serve on Financial Commission Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of James Schulz, 5913 Colfax Avenue North, to the Financial Commission with term to expire December 31, 2016. Background: The Financial Commission is composed of a chairperson and six members. There are two vacancies on the Commission. Notice of vacancy on the Commission was posted at City Hall and Community Center and on the City's website and aired on Cable Channel 16 beginning January 7, 2014. Announcement was made in the January 16, 2014, edition of Brooklyn Center Sun-Post. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. Copies of the application received were forwarded to City Council Members in the April 4, 2014, update. Attached for City Council Members only is a copy of the application received: James Schulz 5913 Colfax Avenue North The applicant was notified that his application for appointment would be considered at the April 14, 2014, City Council meeting. Mayor Willson recommends appointment of James Schulz. As previously requested by the City Council, the City Advisory Commission Bylaws are not included in the materials but can be found on the City's website at wvvw.cityofbrooklyncenter.org . The membership roster is also available at this site and in the City Council Reference Book. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION April 14, 2014 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1.E-Cigarettes Discussion 2.Water Treatment Plant — Funding and Rate Study 3. Water Treatment Plant Tour Feedback PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.BC University 2.Inclusion and Diversity Follow Up — Community Engagement Strategies 3.Consideration of Modifying Setback Requirements for Front Porches 4.Citywide Environmental and Sustainability Efforts Update 5. Sister City Voinjama Visit Update Parking Lot Issues 1. Joint Meeting with Charter Commission Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: April 10, 2014 TO: City Council FROM: Curt Boganey, City Manae/A) SUBJECT: E- Cigarettes Youth Discussion Recommendation: It is recommended that the City Council engage the Youth in a dialogue regarding e-cigarettes so that future Council decisions will be informed by this important perspective. Background: The use of Electronic Cigarettes continues to grow as a consumer product and as an important issue our community. It has been the topic of discussion at the State legislature this session. It has been the topic of numerous news articles and media reports. The City Council has taken action to modify our tobacco licensing ordinance so the sale of these products will be controlled and regulated in a manner similar to regular tobacco products. On April 28th the City Council will consider adoption of these new regulations. While the City's new ordinance if adopted will help ensure that e-cigarettes are sold only to adults and vaping lounges are prohibited; there are many actions that the City Council has not considered or taken action on as of this date. For example the City has not taken action to limit the use of e-cigarettes in City owned public buildings or public places i.e. parks as some places have done. The City has chosen to defer to the State before considering action on limiting the use of vaping in places of public accommodation i.e. restaurants, hotels etc. The City has not taken action to consider increasing the age for purchase of e-cigarettes at licensed businesses in Brooklyn Center from age 18 to some older age i.e. as 21 as some places have done. The City has not taken action to prohibit the sale of e-cigarettes by teenagers under the age of 18 as some cities in Minnesota have done. As you can see there are many potential actions that could be taken if the government was interested in pursuing them. Some of these actions may require a change in State law. Some could be enacted without further authority. At the same time there is much important information that is yet unknown and many differing points of view. There are e-cigarette advocates who believe that it is a great product that saves lives from the horror of tobacco related illness. There are opponents who believe that it is the latest addiction that will eventually lead to unknowable long term heath costs. - - Mission: Ensuring an attractive, clean, Stift, inclusive community that enhances the quality of life .for all people and presenws the public trust MEMORANDUM - COUNCIL WORK SESSION The purpose of the discussion Monday is two provide an opportunity our youth participants to share their individual and collective point of view about the emerging topic. 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Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES RELATING TO THE SALE OF TOBACCO RELATED PRODUCTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Sections 23-101 through 23-109, are repealed. Article II. Brooklyn Center City Code is amended by adding new Sections 23-101 through 23- 108 as follows: Section 23-101. LICENSE REQUIRED. No person shall directly or indirectly or by means of any device keep for retail sale, sell at retail, or otherwise dispense any tobacco related product at any place in the city of Brooklyn Center unless a license therefor shall first have been obtained as provided in Sections 23-101 through 23-108. Section 23-102. DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of Sections 23-101 through 23-108, the following definitions shall apply unless the context clearly indicates or requires a different meaning: 1."Cigar" means any roll of tobacco that is wrapped in tobacco leaf or in any substance containing tobacco, with or without a tip or mouthpiece, that is not a cigarette as defined in Minnesota Statutes, Section 297E01, Subdivision 3, as amended from time to time. 2."Compliance checla" means the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices are following and complying with the requirements of Sections 23-101 through 23-108. Compliance checks shall involve the use of minors as authorized by Sections 23-101 through 23-108. Compliance checks shall also mean the use of ORDINANCE NO. minors Who attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices. 3."Electronic delively device" shall mean a product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of the vapor from the product. Electronic delivery devices shall include any component part of such a product whether or not sold separately. Electronic delivery devices shall not include any product that had been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose. 4."Individually packaged" means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually-wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single cigars, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered individually packaged. 5."Indoor area" means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. 6."Loosies " means the common term used to refer to a single or individually-packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. The term loosies does not include an individual premium cigar, as defined in Minnesota Statutes, Section 297F.01, Subdivision 13a, and as amended from time to time, that can be sold by a licensed retailer as a single cigar to the extent permitted by all applicable state and federal laws. 7."Minor" means any natural person who has not yet reached the age of 18 years. 8."Moveable place of business" means any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed-address storefront or other permanent type of structure authorized for sales transactions. 9. "Retail establishment" means any place of business where tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices are available for sale to ORDINANCE NO. the general public. The phrase shall include, but not be limited to, grocery stores, convenience stores, restaurants, and drug stores. 10."Sale" means any transfer of goods for money, trade, barter or other consideration. 11."Self:service merchandising" means open displays of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the customer and the licensee or employee. Self-service sales are interpreted as being any sale where there is not an actual physical exchange of the product between the clerk and the customer. 12."Smoking" shall mean the inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or tobacco product, or inhaling or exhaling vapor from any electronic delivery device. Smoking shall include carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation. 13."Tobacco or tobacco products" means and includes cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. 14."Tobacco-related devices" means and includes any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner that enables the chewing, sniffing or smoking of tobacco or tobacco products including electronic delivery devices. 15."Vending machine" means any mechanical, electric or electronic, or other type of device that dispenses tobacco, tobacco products or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco-related device. Section 23-103. LICENSE REQUIRED. ORDINANCE NO. 1.Generally. No person may directly or indirectly or by means of any device keep for retail sale, sell at retail, offer to sell or otherwise dispose of any tobacco, tobacco products, tobacco-related devices, or electronic delivery device at any place in the city unless a license has first been issued by the City as provided in this Section. 2.Application. An application for a license to sell tobacco, tobacco products, tobacco- related devices, and electronic delivery devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses, and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. 3.Action. Upon receipt of a completed application, the City Clerk shall forward the application to the police department for investigation. The police department shall conduct an investigation of the applicant and application regarding the fitness of the applicant to hold a license pursuant to the standards set forth in Sections 23-101 through 23-108, and report the results of its investigation to the City Clerk within 30 days of receipt of the application. The City Clerk shall forward the application for consideration by the City Council. 4.Fees. No application for a license under Sections 23-101 through 23-108 shall be accepted until the appropriate license or investigation fee is paid in full. The fee(s) shall be established by the City Council by resolution from time to time. 5.Sanctions for violation. Shall be set by the City Council at penalty phase not to be less than state mandated guidelines. 6.Transfers. All licenses issued under Sections 23-101 through 23-108 shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. 7.Moveable place of business. No license shall be issued to a moveable place of business. Only fixed-location businesses shall be eligible to be licensed under Sections 23-101 through 23-108. 8.Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. 9. Renewals. Every such license shall expire on December 31 next after its issuance. A fee for the renewal of any license issued under Sections 23-101 through 23-108 shall be paid to the City Clerk with the renewal application. Applications for renewal must be submitted by November 30 of the year prior to the license year. Section 23-104. RESTRICTIONS. The following shall be grounds for denying the issuance of or renewal of a license under Sections 23-101 through 23-108; if a license is mistakenly issued or renewed to a person, it shall ORDINANCE NO. be revoked upon the discovery that the person was ineligible for the license under this Section: The applicant is under the age of 18 years of age; 2.The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco products, or tobacco-related devices. 3.The applicant has had a license to sell tobacco, tobacco products, or tobacco-related devices revoked within the preceding 12 months of the date of application. 4.The applicant fails to provide any information required on the application, or provides false or misleading information. 5.The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation, from holding such a license. 6.Nonpayment by the property owner and/or applicant of any fees or charges owed to the City and/or county, including, but not limited to, utilities and property taxes. 7.If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under Sections 23-101 through 23- 108. Section 23-105. PROHIBITED SALES. 1. It shall be a violation of Sections 23-101 through 23-108 for any person to sell or offer to sell any tobacco, tobacco product, or tobacco-related device: a.To a minor; b.By a vending machine; c.By self-service; d.As loosies; e. If the tobacco or tobacco products contain opium, morphine, jimsonweed, belladonna, strychnos, cocaine, marijuana, or other delirious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process; or f. To any other person, in any other manner or form prohibited by federal or state law or regulation, or by local ordinance. ORDINANCE NO. 2. It shall be a violation of Sections 23-101 through 23-108 for any retail establishment to sell, offer for sale, or distribute a single cigar unless the cigar is sold in an original package of at least five cigars, provided that: a.This restriction shall not apply to any sale, offer to sell, or distribution of a single cigar that has a retail sales price of no less than $2.10 before sales tax. b.Cigars to which price promotions or discounts apply shall not be excluded from this restriction. SECTION 23-106. SMOKING PROHIBITED. Smoking shall not be permitted in, and no person shall smoke in, any licensed premises. Section 23-107. COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises shall be open to inspection by the City police or other authorized City official during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years to enter the licensed premise to attempt to purchase tobacco, tobacco products or tobacco-related devices. Minors used for the purpose of compliance checks shall be supervised by City designated law enforcement officers or other designated City personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products or tobacco-related devices when those items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Section 23-108. VIOLATION AND PENALTY. 1.Misdemeanor prosecution. Nothing in this Section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of Sections 23-101 through 23- 108. 2.Administrative penalties. a) Licensees. Administrative Penalties: Licensees. If a licensee or employee of a licensee sells tobacco to a person under the age of 18 years, or violates any other provision of Sections 23-101 through 23-109, the licensee shall be charged an administrative penalty of $100. An administrative penalty of $200 shall be imposed for a second violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of $250 shall be imposed, and the ORDINANCE NO. licensee's authority to sell tobacco at that location shall be suspended for not less than seven days. b)Other individuals. Other individuals, other than minors regulated by Sections 23- 101 through 23-108, found to be in violation of Sections 23-101 through 23-108 shall be charged an administrative fine of $50.00. c)Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, shall be subject to an administrative fine, or may be subject to tobacco-related education classes, diversion programs, community services, or another penalty that the City believes will be appropriate and effective. The administrative fine or other penalty shall be established by City Council ordinance upon the City Council's consultation with interested parties of the courts, educators, parents and children to determine an appropriate penalty for minors in the city. This administrative fine or other penalty may also be established from time to time by the ordinance or resolution establishing fees and charges, as it may be amended from time to time. d) Statutory penalties. If the administrative penalties authorized to be imposed by Minnesota Statutes, Section 461.12, as it may be amended from time to time, differ from those established in this Section, then the more severe penalty shall prevail. Article III. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 28th day of April, 2014. Mayor ATTEST: City Clerk Date of Publication: May 8, 2014 Effective Date: June 7, 2014 Work Session Agenda Item No. 2 MEMORANDUM - COUNCIL WORK SESSION DATE: April 8, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Water Treatment Plant — Funding and Rate Study Recommendation: It is recommended that the City Council consider providing direction to staff regarding the funding of the water treatment plant project and possible Water Utility Fund rate adjustments. Background: On September 23, 2013, the Brooklyn Center City Council approved a resolution establishing the improvement project, accepting the feasibility report, ordering the improvement project and authorizing preparation of plans and specifications for the Water Treatment Plant Improvements Project No. 2014-05. On January 27, 2014, the Council approved a resolution authorizing a loan application to the Minnesota Public Facilities Authority (PFA) for the project in the amount of $18,254,000. The loan application was submitted on March 27, 2014, to the PFA. While the City is not definitively committed to this loan, preparing and submitting this application was necessary if the City decides to go this route due to certain loan deadlines, understanding that the City would subsequently evaluate and determine the specific funding for the project. In January 2014, the City hired Springsted Incorporated to perform a rate study pertaining to the City's Water Utility Fund, taking the 15-yr Capital Improvement Plan into consideration including the new water treatment plant project. Additionally, Springsted was tasked with evaluating funding options for the water treatment plant including the PFA loan option. Springsted worked extensively with City staff in evaluating and preparing the Water Rate Study dated April 4, 2014 (see attached). A presentation will be provided to summarize the details and findings of the report. As outlined in the report, Springsted and City staff recommend for your consideration the follow key findings: 1.Pursue the loan from the Minnesota Public Facilities Authority for the water treatment plant project in the amount of $18,254,000. The PFA loan provides below market interest rates, which results in lower costs than other loan/bonding options. 2.Issue debt for some of the larger water utility CIP projects. There are other water utility CIP funding shortfalls that exist in the estimated amount of $10,605,000 beyond the PFA loan funding needed for the water treatment plant. General Obligation Water Revenue Bonds are recommended to be used for this funding. 3. Increase Water Utility Fund rates. Four scenarios of rate increases to generate revenues are presented in the report. The recommended option is Scenario 3, which consists of an annual rate increase of 22% the first two years, 20% the third year, and 2.5% years four through ten. Under this scenario of user rate increases, expected revenues balance the needed annual cash flows while minimizing the user rate increase. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Beyond the funding and loan determination and approval, the next steps of the project include: approve plans and specifications, authorize/award bid and begin construction. Construction is expected to commence by mid-summer 2014. Policy Issues: Does the City Council desire to use the Minnesota Public Facilities Authority Loan for financing of the water treatment plant project? Does the City Council support issuing debt for certain water utility CIP projects using General Obligation Water Revenue Bonds? Does the City Council support adopting Water Utility Fund rate increases as outlined under Scenario 3 to generate revenue to pay for the 15 year CIP water system improvement projects? Strategic Priorities: • Financial Stability „ Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Final Report Brooklyn Center, Minnesota Water Rate Study April 4, 2014 Springsteci Table of Contents LETTER OF TRANSMITTAL 1 EXECUTIVE SUMMARY 1 2 SCOPE OF WORK 4 3 BACKGROUND 5 Water Fund Historical Information 5 4 STUDY INFORMATION 6 Water Utility Revenue Requirements 6 Financial Projections 6 Cash Reserves 7 Depreciation 8 Financing Alternatives 9 Capital Outlay 11 Assumptions 13 5 CONCLUSIONS AND RECOMMENDATIONS 14 CURRENT RATES AND HISTORICAL INFORMATION APPENDIX A PROJECTIONS — NO ACTION APPENDIX B SCENARIO 1 APPENDIX C SCENARIO 2 APPENDIX D SCENARIO 3 APPENDIX E SCENARIO 4 APPENDIX F Mission Statement Springsted provides high quality, independent financial and management advisory services to public and non-profit organizations, and works with them in the long-term process of building their communities on a fiscally sound and well-managed basis. Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101-2887 Tel: 651-223-3000 Fax: 651-223-3002 www.springsted.com Spring sted LETTER OF TRANSMITTAL April 4, 2014 Mr. Nathan Reinhardt, Finance Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Water Rate Study Dear Mr. Reinhardt: Springsted Incorporated was hired to perform a rate study for the City's Water Utility. This study includes a review of the past performance of the Water Fund, examines the adequacy of revenues in the Fund, and provides rate recommendations which reflect recent cost experience as well as anticipated capital improvement costs for the utility. We have also included a discussion on the pros and cons of funding the new water treatment plant with general obligation bonds issued by the City or a Minnesota Public Facilities Authority loan. We appreciate the opportunity to conduct this Water Rate Study for the City of Brooklyn Center. Respectfully submitted, Patty Kettles David gliacCillivray Patty Kettles, Vice President David MacGillivray, Chairman Consultant Client Representative ldr Executive Summary 1 1. Executive Summary The City of Brooklyn Center recently completed an evaluation of its drinking water supply system. Due to high levels of manganese in the water supply, it was recommended that the City construct a water treatment plant. This report was prepared to assist the City in evaluating the financial impacts of the proposed water treatment plant and all other proposed items in its 15 year Capital Improvement Program in order to determine an appropriate rate structure needed to adequately fund operations through 2028. The process included a historical review of the Water Fund, a comparison of rates with similar utilities, sample bills of projected rates for a variety of user types and the recommendation of appropriate cash reserve levels. The financial projections began with the Water Fund expenditures; subsequently, revenues were adjusted to provide the recommended income, cash flow, and level of ending cash balances. We recommend the City maintain a minimum cash balance in the Water Fund of at least three months of anticipated operating expenses and one year's debt service at the end of each year. This amount will vary depending upon how much debt is issued, but averages $2.1 million. Although the City does not have a formal reserve policy, the City had a target minimum cash balance of $1.3 million for 2014 and an increase of 5% for each year thereafter. The City has identified approximately $41.1 million in projected capital improvements through 2028, including the proposed water treatment plant, which is estimated to cost $18.3 million. Historically the City has financed capital expenditures primarily with cash on hand. Due to the size and nature of the water treatment plant project, we recommend Brooklyn Center pursue a loan from the Minnesota Public Facilities Authority (MN PFA). The below-market interest rates provided on MN PFA loans provide lower annual debt service, particularly on larger issues. On an issue of $18.0 million, we estimate total debt service (principal and interest) on a MN PFA loan would be approximately $4.0 million lower than the 20-year General Obligation Water Revenue Bonds option. With the addition of a new water treatment plant and several other capital assets, the City will need to increase water rates. In order to minimize the impact on user rates, we recommend the City consider a combination of the Pay-As-You-Go (cash) and Pay-As-You-Use (debt) methods of financing. The level to which we recommend rates increase is dependent upon the City's willingness to issue debt for future capital projects and the possibility of using General Fund money to offset rate increases. We have included four scenarios for consideration. Spring sted City of Brooklyn Center, Minnesota, Water Rate Study Executive Summary 2 Scenario 1—Use a PFA Loan to finance the new water treatment plant and cash finance all other C.I.F. items Scenario 2—Same as Scenario 1, but also transfer 20% of debt service costs from the General Fund to the Water Utility Fund Scenario 3—PFA Loan for water treatment plant and issue debt for other C.I.F. items in 2016, 2017, 2019 and 2025 Scenario 4—Same as Scenario 3 and issue debt in 2014 and 2015 as well. In order to satisfy the goals stated above, we project the following rate increases would be needed in each of the blocks and base rates: Scenario 1 Scenario 2Scenario 3 Scenario 4 2015 34.0%33.0%22.0%20.0% 2016 34.0%33.0%22.0%20.0% 2017 34.0%30.0%20.0%20.0% 2018-2024 0%0%2.5%3.25% 2025-2028 0%0%0%0% We recommend the City implement Scenario 3, which has the lowest overall rate impacts while also allowing the Water Fund to maintain independence from General Fund monies. In this scenario, recommended rate increases are 22% annually in 2015 and 2016, 20% in 2017 and 2.50% annually 2018 through 2024. The City often compares their water rates with surrounding cities or cities with similar community characteristics. The comparison reflects a residential user, using 18,000 gallons per quarter. As shown in the table and graph on the following page, the City's current rates are second lowest of the group. Even at the highest projected scenario (scenario 1) of $78.60 for a residential user in 2028, the City of Brooklyn Center would be in the middle of the comparable communities. This assumes the comparable communities will not have any rate changes through 2028, which is highly unlikely. Springsted City of Brooklyn Center, Minnesota. Water Rate Study $120.00 $100.00 $80.00 $60.00 $40.00 $23.68 $20.00 ,F-Q' ''',,,b 0.k - :1, C,':,,z CF'SSS‘ .(s c 'e° c x..q. ,,c6 \F' ,\F5'-l's,.,,z, (Y (..P cF•''-c-, c.,4',1- ,t-83 00Cjk 'b<'C eo 00 A '''' ,,...F., c ▪ •s<2, ,z,c'ssl' 'P 's. • i> "\ . .e ,.‘,.. P5' e e,cs ,s1; \x-<<k sq"- C‘.,c' SG ,o5 .,t ,SC , \z>. : §s ,- - \...Q,'9i. 4, ,b 'V '1, '1, `1,0 0 0 0 63 '1, '1, ,'1,, 18,000 Gallons of Water per Quarter in 2014 $11130 $94.05 $82.15 $88.65 Executive Summary 3 Comparable Cities - 2014 Rates Residential - 18,000 gallons/quarter Brooklyn Center - 2014 $ 32.68 I Brooklyn Center - 2028 - Scenario 1 $ 78.60 Brooklyn Center - 2028 - Scenario 2 $ 75.20 Brooklyn Center - 2028 - Scenario 3 $ 69.59 Brooklyn Center - 2028 - Scenario 4 $ 70.65 White Bear Lake $ 23.68 Fridley $ 40.07 Shoreview $ 48.74 Richfield $ 61.52 Crystal $ 82.15 Golden Valley $ 88.65 Roseville $ 94.05 New Hope*$ 111.30 *Bill monthly. Assumes 6,000 gallons/month for 3 months We recommend the City establish user rates for the Water Fund for a three-to five-year period. The rates should be reviewed on an annual basis concurrent with the development of the following year's budget. All conclusions and recommendations are based on historical information and on assumptions used for the financial projections. The City will need to monitor the performance of the Water Fund and make any necessary adjustments based upon actual performance and on the actual construction costs of the anticipated capital improvements. Springsted City of Brooklyn Center, Minnesota. Water Rate Study Scope of Work 4 2. Scope of Work The purpose of this report is to review and analyze Brooklyn Center's Water Fund to determine the appropriate rate structure and other revenue sources needed for operations and the financing of capital improvements. The rate structure and other revenue in the Water Fund must provide sufficient revenue to cover anticipated operating and maintenance expenses, debt service including principal and interest, capital improvements and replacements, and to maintain adequate cash reserves. At the same time, the rate structure should promote water conservation. The total revenue collected should reflect not only recent cost experience, but should recognize anticipated future costs during the period for which rates are being established. This report includes a review of the City's Water Fund revenues and expenditures, historical budgets, a projection of revenues and expenditures through 2028 (incorporating the Utility's plans for the new water treatment plant and other major capital improvements), and a determination of the rates and charges necessary to provide revenues sufficient to cover capital and operational costs. Springsted City of Brooklyn Center, Minnesota. Water Rate Study Background 5 3. Background Brooklyn Center provides approximately 8,900 residential and commercial customers with water services. The City encompasses approximately 8.5 square miles and had an estimated 2012 population of 30,569 persons. Currently, the City obtains its water supply from nine wells. The water system has 114.98 miles of water main and 969 fire hydrants. A new water treatment plant has been proposed that will have an average daily capacity of 7 million gallons per day and a peak capacity of 10 million gallons per day. Minnesota State Statutes, Section 103G.291, requires public water suppliers serving over 1,000 people in the metropolitan area to implement demand reduction (conservation) measures. Demand reduction requires a water conservation program, including a conservation rate structure. A conservation rate structure provides a financial incentive for users to reduce water consumption based upon the general economic theory that demand for a commodity decreases as its price increases. Water conservation rates generally involve increasing block rates where the marginal cost of water to the user increases in blocks of usually two or more steps as water use increases. Increasing block rates generally have the highest impact on heavy irrigation users. Brooklyn Center currently has an inclining block rate structure, which is considered a conservation rate structure. Water Fund Historical Information A review of the City's most recent financial reports shows the Water Fund ending cash balance has increased since 2011. In 2013, the ending cash balance was approximately $2.9 million, up from $2.5 million at the beginning of 2011. Historically, the fund has recorded positive operating income in the last three years. Revenues and expenditures for the past three years, the 2014 budget, and the City's current water rate schedule are shown in Appendix A. Springsted City of Brooklyn Center, Minnesota. Water Rate Study Study Information 6 4. Study Information Water Utility Revenue Requirements Revenue requirements represent the amount of revenue needed for the Utility to continue efficient operations, as well as to maintain an adequate cash balance in the Water Fund. Revenue requirements include operating and maintenance expenses, debt service payments, capital outlay, and any operating or working capital reserves. Existing debt service payments to be made from the Water Fund are for the 2010A Taxable General Obligation Utility Revenue Bonds (Build America Bonds). Without any rate increases, the fund is projected to maintain positive operating income through 2015, after which, both operating income and net income become negative. At that time, the City will no longer be fully funding depreciation. The Water Fund's ending cash balance is also projected to be negative 2016 through the end of the planning period Appendix B shows the projected operating statement and annual cash balance in the Water Fund, assuming the City's 2014 rate schedule. Financial Projections The financial projections assume the City would try to maintain a minimum cash balance in the Water Fund equal to three months of anticipated operating expenses and one-year's debt service within the planning period. In addition, the City would maintain positive operating income. These assumptions were made to ensure that the Water Fund would have sufficient cash to fund operations going forward as well as meeting debt service requirements including the PFA Loan net revenue requirement of 105% of annual debt service. To determine the appropriate user rates needed for the repayment of debt service and the operation of the Water Fund, we have projected future revenue and expenditures and have incorporated the anticipated future capital outlay needs for the time period covered by this study. The financial projections began with the Water Fund expenditures; subsequently, revenues were adjusted to provide the recommended income, cash flow, and level of ending cash balances. The 2014 budget was used as the base expenditure projection. Increases in expenditures were developed based on City staff projections while adjusting for exceptions for specific line items, particularly in 2016 when the new water treatment plant is projected to come on line, causing operating costs to increase. Springsted City of Brooklyn Center, Minnesota. Water Rate Study Study Information 7 Our financial projections include four scenarios. They are: Cash Reserves Spring ste d Scenario 1—Use a PFA Loan to finance the new water treatment plant and cash finance all other C.I.F. items Scenario 2—Same as Scenario 1, but also transfer 20% of debt service costs from the General Fund to the Water Utility Fund Scenario 3—PFA Loan for water treatment plant and issue debt for other C.I.F. items in 2016, 2017, 2019 and 2025 Scenario 4—Same as Scenario 3 and issue debt in 2014 and 2015 as well. In order to satisfy the goals stated above, we have projected the following rate increases are needed in each of the blocks and base rates: Scenario 1 Scenario 2 Scenario 3 Scenario 4 2015 34.0%33.0%22.0%20.0% 2016 34.0%33.0%22.0%20.0% 2017 34.0%30.0%20.0%20.0% 2018-2024 0%0%2.5%3.25% 2025-2028 0%0%0%0% As seen in the first two scenarios, using a 20% transfer of General Fund monies to assist with the PFA loan payments results in a 1% to 4% rate differential. Comparing the first two scenarios with the last two scenarios indicates that issuing debt in addition to the PFA Loan results in rate increases 10% to 14% lower in the initial years and 2.5% to 3.5% higher in the later years. Operating income and net income are each projected to remain positive throughout the planning period in each scenario. The recommended cash reserve minimum is expected to be met in varying years, depending upon the scenario. The financial projections for the 4 Scenarios are shown in Appendices C, D, E and F. Springsted's clients often ask about the amount of cash that should be available in their Utility funds. Utility funds need sufficient cash to pay current expenses, together with principal and interest on outstanding bonds. This would typically require each Utility fund to have a minimum of three months of anticipated operating expenses and one year's total debt service in cash at the end of each year. However, this City of Brooklyn Center, Minnesota. Water Rate Study Study Information 8 does not provide any level of cash reserves for unforeseen expenses, emergencies, or to cover any shortfalls in the budget. The amount of cash reserves that the Water Fund should have is dependent on a number of factors, including: o Reserves that are legally required o Variability of the annual revenue stream o Variability in annual expenditures o Variability in rainfall o Age and condition of fixed assets o Anticipated future capital needs -Capital improvement plan -Regulatory compliance o Asset renewal and replacement o Tolerance for risk o Number of relatively large customers Unfortunately, there are no prescribed formulas, and the amount of reserves varies considerably between utilities. We encourage the City to maintain a minimum cash balance in the Water Fund of at least three months of anticipated operating expenses, along with the following year's debt service requirements, at the end of each year. The City had a target minimum cash balance of $1.3 million for 2014 and an increase of 5% for each year thereafter. Depreciation Costs incurred in the operation of each Utility are either recorded as operating expenses or capitalized as assets. Whether the cost is expensed immediately or capitalized, the City actually pays for the asset at the time it is acquired. Generally, anything that is used up in the period in which the cost of acquiring it is incurred is treated as an operating expense. Personnel, supplies, and repairs and maintenance are typical examples of costs that are treated as operating expenses. These costs are shown on the income statement each year in the total amount of the expenditure for each category. The cost incurred in the acquisition or construction of assets such as buildings and major pieces of equipment are capitalized. That means their cost does not show up as an expense on the income statement in the year in which the expenditure occurs; rather, the costs of these assets are depreciated. Depreciation is the process of allocating the cost of an asset over its useful life in a systematic and rational manner. The City currently includes depreciation in its annual budget, with user rates fully funding annual depreciation. Springsted City of Brooklyn Center, Minnesota. Water Rate Study Study Information 9 Financing Alternatives Prior to determining the financial projections, the most efficient financing alternatives should be discussed. The primary alternatives for financing the proposed water treatment plant are a Minnesota Public Facilities Authority revolving loan and General Obligation Water Revenue Bonds. A brief description of each approach, including the pros and cons and timing of each is discussed below. Minnesota Public Facilities Authority (MN PFA) Revolving Loan Fund The Minnesota Public Facilities Authority (PFA) is a multi-agency authority that provides municipal financing programs via low-interest loans and grants to finance water, sewer, transportation, and other high- cost infrastructure that might otherwise be unaffordable to communities if they had to borrow money for the projects at market rates. Allowable costs include site preparation (not land acquisition), construction, engineering, equipment and machinery, bond issuance and contingency costs. To qualify for a PFA loan from the Drinking Water Revolving Loan Fund, your water treatment plant project must be on the Minnesota Department of Health's Project Priority List (PPL), which identifies eligible projects and establishes project priority. The City of Brooklyn Center is on the FY2014 PPL and ranks 69 out of 368 projects. Projects must meet various technical and environmental requirements to ensure compliance with the Federal Safe Water Drinking Act Amendments of 1996 which authorized the State revolving loan program. The PFA, as administrator of Minnesota's loan program, then requires that your project be on their Intended Use Plan (IUP), which is also a requirement they must meet in order to receive any federal grants. The City of Brooklyn Center's water treatment plant is on the FY2014 PFA IUP list that was approved September 27, 2013, which has 105 projects totaling over $152 million. For a city of Brooklyn Center's size, the current interest rate on a loan provided in State Fiscal Year 2014 is projected to be the interest rate received by MN PFA minus 150 basis points, or 1.50%. The credit rating of the MN PFA is AAA, the highest credit rating, thereby possibly creating the lowest interest rates available to Brooklyn Center. The March 2014 rate on the PFA loan is estimated to be 1.50%. The City is able to lock in the interest rate on the PFA loan once the project receives Springsted City of Brooklyn Center, Minnesota. Water Rate Study Study Information 10 certification from the Department of Health and the PFA receives the complete loan application with the "as-bid" costs. The timing of receiving a MN PFA loan is shown below: Timing of Events State Fiscal Year 2014 (7/1 — 6/30) May 2013 Requests for placement on MPCA FY14 Project Priority List made June 2013 Requests for placement on FY14 Intended Use Plan due to MN PFA September 2013 PFA IUP Approved March 2014 Apply for PFA Loan & submit project plans and specs to MPCA for certification Summer/Fall 2014Finalize loan Summer/Fall 2014 Begin construction The City then submits monthly draws to the PFA for reimbursement. Loan payments are due February 20 (interest only) and August 20 each year, with the first interest payment due no more than one year after loan approval and the first principal payment due no later than 18 months after loan approval. Pros o Low interest rate o No application or origination fee, but there is a servicing fee that is built into the loan rate o Finance all costs without having to seek other funding sources Cons o Lengthy process o Increased amount of paperwork o Must comply with State prevailing wage requirements (Minnesota Statues, Sections 177.41 to 177.44) o The "Buy American" provision G.O. Water Revenue Bonds Another financing alternative is General Obligation Water Revenue Bonds. The bonds would be issued by the City of Brooklyn Center. The City would incur typical costs of issuance in addition to financing the water treatment plant. The interest cost would be reflective of the City's AA credit rating, which will vary depending upon the interest rate at the time of issuance and the term of the bonds. Springsted City of Brooklyn Center, Minnesota. Water Rate Study Study Information 11 Pros Capital Outlay o Low paperwork o No trustee, servicing fees o Bonds could be issued according to Brooklyn Center's schedule oBond proceeds could be invested during the construction period to reduce the principal amount borrowed Cons o Higher cost than MN PFA loans o Rates are current market rates o Costs of issuance are higher Based on our analysis, we would recommend Brooklyn Center pursue a loan from the MN PFA. The below-market interest rates provided on MN PFA loans provide lower annual debt service, particularly on larger issues. On an issue in excess of $18.0 million, we estimate total debt service (principal and interest) on a MN PFA loan would be approximately $4.0 million lower than the 20-year General Obligation Bonds option. Therefore, for purposes of the financial projections and rate recommendations included in this report, we have assumed Brooklyn Center will obtain a loan from MN PFA in 2014 at approximately 1.50%. To determine the appropriate future fees and rates needed for the operation of the Water Utility over the planning period, we have incorporated the anticipated future capital outlay needs provided by the City. These capital costs and their projected source of funding are shown in the table below. Some capital items are projected to be paid from cash in the Water Fund, while more expensive projects are projected to be financed by a PFA Loan or G.O. Utility Revenue Bonds. Water Utility G.O. Water Revenue Bonds PFA Loans Total Water 2014 1,580,000 -9,127,00010,707,000 2015 1,823,184 -9,127,00010,950,184 2016 21,462 2,599,021 _2,620,483 2017 389,064 3,380,414 -3,769,479 2018 2,537,949 --2,537,949 2019 35,786 2,075,575 -2,111,361 2020 2,088,304 _-2,088,304 2021 345,612 --345,612 2022 198,900 -198,900 2023 425,816 --425,816 2024 2,305,119 --2,305,119 2025 _2,550,012 -2,550,012 2026 381,728 --381,728 2027 63,269 --63,269 2028 49,155 --49,155 Total 12,245,348 10,605,02218,254,000 41,104,371 Sp ri ng s te d City of Brooklyn Center, Minnesota. Water Rate Study Study Information 12 The capital improvements planned for the Water Utility are related primarily to the new water treatment plant and various water main replacements/improvement located throughout the City. A detailed listing of the anticipated capital improvements to be paid from the Water Utility Fund through 2028 is shown below. G.O. Water Year Project Water UtilityRevenue Bond PFA Loans Totals 2014VVangstad Park Area Improvements 1,580,000 1,580,000 2014 Water Treatment Plant 9,127,0009,127,000 2015 51st Avenue Improvements (at Brooklyn Blvd)62,154 62,154 2015 63rd Avenue North Reconstruction 331,488 331,488 2015 Freeway Park Area Improvements 1,429,542 1,429,542 2015 Water Treatment Plant 9,127,0009,127,000 2016 Freeway Blvd Mill and Overlay (east of Xerxes Avenue)10,731 10,731 2016Regional Trail & 57th Ave M&O (Humboldt to 1-94)10,731 10,731 2016 Palmer Lake West Area Improvements 1,341,361 1,341,361 2016 Water Tower No. 3 Painting 1,257,660 1,257,660 2017 France Avenue Mill and Overlay (north of 69th)11,116 11,116 2017 69th Ave Mill & Overlay (Shingle Crk Pkwy to Dupont Ave.)22,232 22,232 2017 Well Motor Speed Controls (VFD) Wells 4, 7, 9 and 10 355,716 355,716 2017 Evergreen Park Area Improvements 2,200,993 2,200,993 2017 Water Tower No. 2 - Painting 1,179,421 1,179,421 2018 Bellvue Area Mill and Overlay 23,030 23,030 2018 Humboldt Ave N (53rd to 57th) Reconstruction 241,819 241,819 2018 Water Tower No. 1 Painting 672,487 672,487 2018 Firehouse Park Area Improvements 1,600,612 1,600,612 2019 Southeast Area Mill and Overlay 35,786 35,786 2019 Interstate Area Improvements 2,075,575 2,075,575 2020 Logan/Lilac/59th Avenue Reconstruction 222,423 222,423 2020 Grandview Park Area Improvements 1,865,881 1,865,881 2021 Ryan Lake Industrial Park Area Improvements 345,612 345,612 2022 Northwest Area Mill and Overlay 198,900 198,900 2023 51st Avenue Improvments (west of France Avenue)13,736 13,736 2023 Knox, James and 54th Ave Area Improvements 13,736 13,736 2023Lyndale Avenue Improvements 13,736 13,736 2023 53rd Avenue North Improvements 384,608 384,608 2024 Humboldt Ave N Improvements 142,291 142,291 2024 Woodbine Area Improvements 2,162,828 2,162,828 2025 Orchard Lane East Improvements 2,550,012 2,550,012 2026 Orchard Lane West Improvements 122,153 122,153 2026 Meadowlark Gardens Area Improvements 259,575 259,575 2027 67th and James Avenue Mill and Overlay 15,817 15,817 2027 68th and Lee Avenue Mill and Overlay 15,817 15,817 2027 John Martin Drive Mill and Overlay 15,817 15,817 2027 St. Alphonses Area Mill and Overlay 15,817 15,817 2028 66th and Camden Ayes Mill and Overlay 16,385 16,385 2028 73rd Ave Mill and Overlay (Humboldt to Camden Ayes)16,385 16,385 2028 Earle Brown Drive Area Improvements 16,385 16,385 Totals $ 12,245,348 $ 10,605,022 $ 18,254,000 $ 41,104,371 *Please note, the funding sources shown above are reflective of our recommendations; we have also included scenarios whereby the City uses only cash to finance all but the new water treatment plant. Springsted City of Brooklyn Center, Minnesota. Water Rate Study Study Information Assumptions 13 The City provided Springsted with a variety of material, including: o 2011-2013 Financial Reports o 2014 Water Operating Budget o 2014 Utility rates o Utility policies o Sample bills for a variety of water customers o Summary of the proposed water treatment plant feasibility study, including timing and proposed life cycle costs of $60,000 for labor, $26,275 for equipment repair, and $155,000 for gas, chemicals, insurance and electricity o 2014-2028 Capital Improvement Plan, listing costs in 2014 dollars o 2010-2013 total gallons sold and total number of connections In addition, we used the following assumptions in our projections: •Capital costs were inflated to year of construction, using the long-term average American City & County Municipal Construction Cost Index of 3.59% o The new water treatment plant was projected to be financed over a period of 20 years at an interest rate of 1.5% with a Minnesota Public Facilities Authority low-interest loan (PFA loan) o All other capital projects, where bonding was assumed, were projected to be financed over a period of 10 years at an interest rate of 4.0% o Per the Water Treatment Plant Sizing Memo dated March 21, 2014, in consideration of the potential future development of the Opportunity Site, the water plant sizing of 7 MGD (normal conditions) and 10 MGD (short periods of time) adequately accommodates this potential development/expansion and increased water demand. However, this study assumes no new connections to the water system; i.e. volume of water sold will remain flat over the planning period We have used the information provided by the City as the basis of our projections, as well as discussions with City personnel Springsted City of Brooklyn Center, Minnesota. Water Rate Study Conclusions and Recommendations 14 5. Conclusions and Recommendations This study was undertaken to review and analyze Brooklyn Center's Water Fund to determine the appropriate rate structure and rate levels needed to pay for anticipated operating expenditures, to provide for anticipated capital improvements, including the new water treatment plant, to provide operating cash flow, and to ensure an adequate level of cash reserves. As a result of this study, we present these recommendations: I. The City should maintain a minimum cash balance in the Water Fund of at least three months of anticipated operating expenses and one year's debt service at the end of each year. This amount will vary depending upon how much debt is issued, but averages $2.1 million. Although the City does not have a formal reserve policy, the City had a target minimum cash balance of $1.3 million for 2014 and an increase of 5% for each year thereafter. 2.Based on our analysis, we recommend Brooklyn Center pursue a loan from the Minnesota Public Facilities Authority (MN PFA). The below-market interest rates provided on MN PFA loans provides lower annual debt service, particularly on larger issues. On an issue of $18.0 million, we estimate total debt service (principal and interest) on a MN PFA loan would be approximately $4.0 million lower than the 20-year General Obligation Bonds option. 3.In order to minimize the impact on user rates and fund the new debt service related to the 15 year Capital Improvement Program, we recommend the City consider a combination of the Pay-As-You-Go and Pay-As-You-Use methods of financing. 4. With the addition of a new water treatment plant and several other capital assets, the City will need to raise water rates. We have included four scenarios for consideration. We recommend the City implement Scenario 3, which has the lowest overall rate impacts while also allowing the Water Fund to maintain independence from General Fund monies. In this scenario, the City should issue debt for other CP items in 2016, 2017, 2019 and 2025. Recommended rate increases are 22% annually in 2015 and 2016, 20% in 2017 and 2.50% annually 2018 through 2024. Springsted City of Brooklyn Center, Minnesota. Water Rate Study Conclusions and Recommendations 15 5.The City should establish the user rates for the Water Fund for a three-to five-year period. The rates should be reviewed on an annual basis concurrent with the development of the following year's budget. 6.The City will need to monitor the performance of the Water Fund and make any necessary adjustments based upon its actual performance and on the actual construction costs of the anticipated capital improvements. Springsted City of Brooklyn Center, Minnesota. Water Rate Study OM A Current Rates and Historical Information Springsted Current Water Rate Schedule Water Volume Charges (Quarterly) for 5/8", 3/4" and Irrigation Meters Charge per 1,000 gallons 0— 30,000 gallons $1.36 30,001 — 60,000 $1.70 60,001 and greater $2.54 Water Base Charge (Quarterly) for 5/8"& 3/4" and Irrigation Meters Meter Size (Inches)Amount All sizes $8.20 Water Volume Charges (Quarterly) for 1" Meters and Up Water Minimum Charge (Quarterly) Meter Size (Inches)Amount 1"$23.89 1 1/2,,$30.72 2"$59.73 3"$119.46 4"$201.38 6"$460.78 8'$870.37 10"$1160.49 Springsted Water Fund Information 2011 20122013 2014 Operating Revenues Actual Actual YTD Budget Water User Charges 1,948,067 2,297,3402,489,089 2,543,407 Other Revenue Total Operating Revenue Operating Expenses 1,948,067 2,297,340 2,489,089 2,543,407 Personal Services 478,656 479,762 490,311 504,978 Supplies 140,575 144,170145,729181,410 Services 553,603 695,852663,784 Depreciation 584,600 586,286 735,294 Total Operating Expenses Operating Income (Loss) 1,757,434 190,633 1,789,216 508,124 1,918,178 570,911 2,085,466 457,941 1Non Operating Revenues (Expenses) State or Federal Grants Interest Income 16,923 6,116 7,000 Interest Expense Existing Debt (63,141)(61,772)(58,118) Special Assessments 34,66721,800 Other 7,930 2,399 Total Non Operating Revenues (Expenses) Net Income (Loss) Before Transfers Operating Transfers (3,621) 187,012 (31,45'7) 476,667 576,455406,823 Transfers In Transfers (Out)(42,007) Total Operating Transfers Net Income (Loss) (42,007) 145,005 - 476,667 - 576,455 - 406,823 Beginning Cash & Investments 2,546,948 1,991,361 2,953,240 2,907,177 Net Income 145,005 576,455 406,823 Depreciation 584,600 622,806 586,286735,294 Amortization Acquisition and Construction of Assets (1,127,897)(15,090)(922,000) Proceeds from New Long-Term Debt 1Proceeds from PFA Loans - '1Payments on Long-Term Debt (105,000)(101,250)(101,250)(105,000) Adjustment to Accruals (52,295)(21,254)(185,554) Ending Cash Balance 1,991,361 2,907,177 2,364,294 Springsted Springsted Ap D)J\ Projections No Action Water Utility Financial Projections at Current Rates - 2014-2021 Projected Water Rate Adjustment -ectedProjected Change -------11[ Calculate 2014 0.00%0.00%0.00%0.00%0.00%0.00%000% 2015-2028 2015 2016 2017 2018 2019 2020 2021 Operating Revenues Water User Charges 0.00%2,543,4072,543,407 2,543,4072,543,407 2,543,407 2,543,407 2,543,407 2,543,407 Other Revenue --_- Total Operating Revenue 2,543,4072,543,407 2,543,407 2,543,407 2,543,407 2,543,407 2,543,407 2,543,407 Operating Expenses Personal Services 3.00%504,978 520,127 595,731 613,603 632,011 650,972 670,501 690,616 Supplies 3.00%181,410 186,852 218,733 225,295232,054 239,015 246,186 253,571 Services 3.00%663,784 683,698 859,208 884,985 911,534 938,880 967,047 996,058,Existing Depreciation 735,294 713,235691,838 671,083 650,950 631,422 612,479 594,105, New Depreciation -261,540 535,239645,302814,119 925,778 1,031,3461,132,054 Total Operating Expenses 2,085,466 2,365,452 2,900,750 3,040,268 3,240,6693,386,067 3,527,559 3,666,405 Operating Income (Loss)457,941 177,955 (357,343)(496,861)(697,262)(842,660)(984,152)(1,122,998) Non Operating Revenues (Expenses),State or Federal Grants - Interest Income 1.00%7,000 23,643 10,253 ----- Interest Expense Existing Debt (58,118)(55,571)(52,575)(49,031)(44,910)(40,347)(35,354)(29,867) Interest Expense New PFA Loans (136,905)(267,889)(255,960)(243,851)(231,560)(219,085)(206,423) Interest Expense New Debt ----_--- Total Non Operating Revenues (Expenses Net Income (Loss) Before Transfeis Operating Trans fe is (51,118) 406,823 (168,833) 9,122 (310,211) (667,554) (304,991) (801,851) (288,761) (986,023) (271,907) (1,114,567) (254,439) (1,233,591) (236,290) (1,359,288) Transfers In - Transfers (Out)- Total Operating Transfeis Net Income (Loss) - 406,823 - 9,122 - (667,554) - (801,851) - (986,023) - (1,114,567) - (1,238,591) - (1,359,288) Beginning Cash & Investments 2,907,177 2,364,294 1,025,303 (1,939,735)(6,114,438)(9,108,957)(11,725,592)(14,372,794) Net Income 406,8239,122 (667,554)(801,851)(986,023)(1,114,567)(1,238,591)(1,359,288) Depreciation 735,294 974,775 1,227,077 1,316,385 1,465,070 1,557,200 1,643,8261,726,159 Amortization .-__--.. Acquisition and Construction of Assets (10,707,000)(10,950,184)(2,620,483)(3,769,479)(2,537,949)(2,111,361)(2,088,304)(345,612) Proceeds finmNew Long-Term Debt '-----.-- Proceeds from PFA Loans 9,127,0009,127,000 ----- Princiapl Payments on New Long-Tem)Delit ------- Principal Payments on New PFA Loans (394,704)(795,328)(807,258)(819,367)(831,658)(844,132)(856,794) Principal Payments on Existing Long-Tenn liebt (105,000)(105,000)(108,750)(112,500)(116,250)(116,250)(120,000)(123,750) Ending Cash Balance 2,364,294 1,025,303 (1,939,735)(6,114,438)(9,108,957)(11,725,592)(14,372,794)(15,332,079) Minimum Cash Balance For ongoing operations 591,363 725,187 760,067 810,167846,517881,890 916,601 931,017 For debt service 692,180 1,224,543 1,224,749 1,224,3781,219,815 1,218,572 1,216,835 1,218,371 Minimum Cash Balance Required 1,283,543 1,949,730 1,984,816 2,034,545 2,066,332 2,100,4612,133,436 2,149,388 Ammuit Over (Under) Minimum 1,080,751 (924,427) (3,924,551) (8,148,983) (11,175,288) (13,826,054) (16,506,230) (17,481,467) _ Sprtngsted Water Utility Financial Projections at Current Rates — 2022-2028 Projected Via ter Rate Adjustment Projected Change 0.00%0.00%0.00%0.00%0.00%0.00%0.00% 2015-2028 2022 20232024 2026 2027 2028 Operating Revenues Water User Charges 0.00%2,543,407 2 ,543,407 2,543,407 I 2,543,4072,543,407 - Total Operating Revenue 2,543,4072,543,4072,543,407 2,543,407 Operating Expenses PersonalServices 3.00%711,334 732,674754,654 800,613 Supplies 3.00%261,178269,014 277,084 293,959 Services 3.00%1,025,940 1,056 718 1,088,420 I 1 ,154,704 Existing Depreciation 576,282558,993542,224 480,0271NewDepreciation1,149,335 - 1,159,280 1,180,571 - 1,295,827 Total Operating Expenses 3,724,069 3,776,679 3,842,953 4,005,547 4,311,861 Non Operating Revenues (Expenses) State or Federal Grants Interest Income 1.00% Interest Expense Existing Debt Interest Expense New PFA Loans Interest Expense New Debt Total Non Operating Revenues (Expenses Net Income (Loss) Before Trans feis Operating TIMIS fe ts Transfers In Transfers (Out) Total Operating Transfeis Net Income (Loss)(1,398,137)(1,431,294) Beginning Cash & Investments (15,332,079)(16,204,394)rnririnii Net Income (1,398,137)(1,431,294) Depreciation 1,725,617 1,718,273 Amortization - Acquisition and Construction of Assets (198,900)(425,816) Proceeds from New Long-Term Debt - Proceeds from PFA Loans Princiapl Payments on New Long-Term Mgt - Principal Payments on New PFA Loans (869,646)(882,691) Principal Payments on Existing Long-Term Debt (131,250)(135,000) Ending Cash Balance (16,204,394)(17,360,922) Minimum Cash Balance For ongoing operations 944,170 960 ,738 1,001,3871,045,6951,063,510 1,077,965 1,092,876 For debt service 1,215,713 1,212,704 1,209,352 1,063,2181,063,2181,063,2181,063,218 Minimum Cash Balance Required 2,159,8832,173,442 2,210,738 2,108,9132,126,728 2,141,183 2,156,094 Amount Over (Under) Minimum (18,364,277) (19,534,364) (22,666,235) (25,964,129) (27,132,758) (28,047,047) (29,017,181) Springsted AV! 'L_, Scenario 1 PFA Loan is Only Debt Issued Springsted Scenario 1 - PFA Loan is Only Debt Issued Projected \ olume Charge: S 1.70 5 2.28 S 3.06 S 4.10 S 4.10 S 4.10 4.10 $ 4.10 Projected Water Rate Adjustment Projected Change 2015-2028 Cu/en/ate I 34.00%34.00%34.00%0.00%0.00%0.00%0.00% 2014 2015 2016 2017 20182019 2020 2021 Operating Revenues Water User Charges 0.00%2,543,407 3,408,165 4,566,942 6,119,7026,119,702 6,119,702 6,119,702 6,119,702 Other Revenue -_-- Total Operating Revenue 2,543,407 3,408,165 4,566,9426,119,702 6,119,7026,119,702 6,119,7026,119,702 Operating Expenses Personal Services 3.00%504,978520,127 595,731 613,603 632,011 650,972 670,501 690,616 Supplies 3.00%181,410 186,852 218.733 225,295 232,054 239,015 246,186 253,571 Services 3.00%663,784683,698 859,208 884,985 911,534 938,880 967,047996,058,Existing Depreciation 735,294 713,235 691,838 671,083650,950 631,422 612,479 594,105 New Depreciation 261,540535,239 645,302 814,119 925,778 1,031,346 1,132,054 Total Operating Expenses 2,085,466 2,365,452 2,900,750 3,040,268 3,240,669 3,386,067 3,527,559 3,666,405 Operating Income (Loss)457,941 1,042,7131,666,192 3,079,434 2,879,033 2,733,634 2,592,1432,453,297 Non Operating Revenues (Expenses),State or Federal Grants - Interest Income 1.00%7,000 23,643 18,901 9,5723,684 9,538 19,230 28,713 Interest Expense Existing Debt (58,118)(55,571)(52,575)(49,031)(44,910)(40,347)(35,354)(29,867) Interest Expense New PFA Loans (136,905)(267,889)(255,960)(243,851)(231,560)(219,085)(206,423) Interest Expense New Debt -.----- Total Non Operating Revenues (Expenses Net Income (Loss) Before Trans fe is Operating Transfers (51,118) 406,823 (163,833) 873,880 (301,564) 1,364,628 . (295,418) 2,734,015 (285,077) 2,593,956 (262,369) 2,471,266 (235,209) 2,356,934 (207,577) 2,245,720 , Transrs In ,- Transfers (Out)- Total Operating Transfers Net Income (Loss) . 406,823 - 373,880 . 1,364,628 - 2,784,015 - 2,593,956 - 2,471,266 . 2,356,934 - 2,245,720 Beginning Cash & Investments 2,907,177 2,364,294 1,890,061 957,206 368,369 953,829 1,923,026 2,871,350 Net Income 406,823 873,880 1,364,628 2,784,0152,593,956 2,471,2662,356,934 2,245,720 Depreciation 735,294 974,775 1,227,077 1,316,3851,465,070 1,557,200 1,643,826 1,726,159 Amortization ----_--- Acquisition and Construction of Assets (10,707,000)(10,950,184)(2,620,483)(3,769,479)(2,537,949)(2,111,361)(2,088,304)(345.612),Proceeds fiom New Long-Term Debt s ---- Proceeds from PFA Loans 9,127,000 9,127,000 ------ Princiapl Payments on New Long-Term Dell ..------ Principal Payments on New PFA Loans (394,704)(795,328)(807,258)(819,367)(831,658)(844,132)(856,794) Principal Payments on Existing Long-Term debt (105,000)(105,000)(108,750)(112,500)(116,250)(116,250)(120,000)(123,750) Ending Cash Balance 2,364,294 1,890,061 957,206 368,369 953,829 1,923,026 2,871,350 5,517,073 Minimum Cash Balance For ongoing operations 591,363 725,187 760,067 810,167 846,517 881,890 916,601 931,017 For debt service 692,180 1,224,543 1,224,7491,224,378 1,219,8151,218,572 1,216,835 1,218,371 Minimum Cash Balance Required 1,283,543 1,949,730 1,984,816 2,034,545 2,066,332 2,100,461 2,133,436 2,149,388 Amount Over (Under) Mininuun 1,080,751 (59,669) (1,027,610) (1,666,176) (1,112,503) (177,435) 737,914 3,367,685 Springsted Scenario 1 (continued) - Pm Loan is Only Debt Issued Projected Volume Charge: $ 4.10 $ 4.10 $ 4.10 $ 4.10 $ 4.10 $ 4.10 $ 4.10 Projected Water Rate Adjustment Projected Change 0.00%0.00%0.00%0.00%0.00%0.00%0.00% 2015-2028 2022 2023 2024 2025 2026 2027 2028 Operating Revenues Water User Charges 0.00%6,119,702 6,119,7026,119,702 6,119,702 6,119,702 6,119,702 6,119,702 Other Revenue __---.- Total Operating Revenue 6,119,7026,119,702 6,119,702 6,119,702 6,119,702 6,119,702 6,119,702 Operating Expenses Personal Services 3.00%711,334732,674 754,654 777,294 800,613 824,631 849,370 Supplies 3.00%261,178 269,014277,084 285,397293,959 302,777 311,861 Services 3.00%1,025,940 1,056,718 1,088,4201,121,0721,154,704 1,189,345 1,225,026 Existing Depreciation 576,282 558,993 542,224 525,957 510,178 494,873 480,027 New Depreciation 1,149,335 1,159,280 1,180,571 1,295,827 1,423,327 1,442,414 1,445,577 Total Operating Expenses 3,724,069 3,776,679 3,842,953 4,005,547 4,182,7814,254,041 4,311,861 Operating Income (Loss)2,395,632 2,343,022 2,276,749 2,114,155 1,936,920 1,865,661 1,807,841 Non Operating Revenues (Expenses) , State or Federal Grants Interest Income 1.00%55,171 82,762 107,788113,683 116,585 142,006 170,191 , Interest Expense Existing Debt (23,903)(17,495)(10,736)(3,634)-- Interest Expense New PFA Loans (193,571)(180,527)(167,286)(153,847)(140,207)(126,362)(112,309) Interest Expense New Debt ----_ Total Non Operating Revenues (Expenses) Net Income (Loss) Before Transfers Operating Trans feta (162,304) 2,233,329 (115,259) 2,227,763 (70,235) 2,206,514 (43,799) 2,070,356 (23,622) 1,913,299 15,644 1,881,305 57,882 1,865,723 Transfers In Transfers (Out) Total Operating Transfers Net Income (Loss) - 2,233,329 - 2,227,763 - 2,206,514 - 2,070,356 - 1,913,299 - 1,881,305 - 1,865,723 Beginning Cash & Investments 5,517,073 8,276,223 10,778,752 11,368,261 11,658,518 14,200,584 17,019,050 Net Income 2,233,329 2,227,763 2,206,514 2,070,356 1,913,2991,881,305 1,865,723 Depreciation 1,725,617 1,718,273 1,722,7941,821,784 1,933,506 1,937,287 1,925,604 Amortization ----- Acquisition and Construction of Assets .(198,900)(425,816)(2,305,119)(2,550,012)(381,728)(63,269)(49,155) Proceeds from New Long-Term Debt '_--.-. Proceeds from PFA Loans ------ Princiapl Payments on New Long-Term Delit ----.- Principal Payments on New PFA Loans (869,646)(882,691)(895,931)(909,370)(923,011)(936,856)(950,909) Principal Payments on Existing Long-Tenn13e t (131,250)(135,000)(138,750)(142,500)--- Ending Cash Balance i 8,276,223 10,778,752 11,368,261 11,658,51814,200,58417,019,050 19,810,313 Minimum Cash Balance For ongoing operations 944,170960,738 1,001,387 1,045,695 1,063,510 1,077,9651,092,876 For debt service 1,215,7131,212,704 1,209,3521,063,218 1,063,2181,063,218 1,063,218 Minimum Cash Balance Required 2,159,8832,173,442 2,210,738 2,108,913 2,126,728 2,141,183 2,156,094 Amount Over (Under) Minimum 6,116,341 8,605,310 9,157,522 9,549,605 12,073,856 14,877,867 17,654,219 Springsted Scenario 1 - Proposed Water Rates Water Rates, Fees and Charges Billed Quarterly Meter Size Actual 2014 Base Charae Proposed 2015 Proposed 2016 Proposed 2017 Proposed 2018 Proposed 2019 5/8" 3/4" $ 8.20 $ 8.20 $ 10.99 $ 10.99 $ 14.73 $ 14.73 $ 19.74 $ 19.74 $ 19.74 $ 19.74 $ $ 19.74 19.74 Irrigation $ 8.20 $ 10.99 $ 14.73 $ 19.74 $ 19.74 $ 19.74 Volume charge (per 1,000 gallons) 0 to 30,000 $ 1.36 $ 1.82 $ 2.44 $ 3.27 $ 3.27 $ 3.27 31,000 to 60,000 $ 1.70 $ 2.28 $ 3.06 $ 4.10 $ 4.10 $ 4.10 >61,000 $ 2.54 $ 3.40 $ 4.56 $ 6.11 $ _ 6.11 $ 6.11 Minimum Quarterly Charge $ 23.89 $ 32.01 $ 42.89 $ 57.47 $ 57.47 $ 57.47 1 1/2"$ 30.72 $ 41.16 $ 55.15 $ 73.90 $ 73,90 $ 73.90 2"$ 59.73 $ 80.04 $ 107.25 $ 143.72 $ 143.72 $ 143.72 3"$ 119.46 $ 160.08 $ 214.51 $ 287.44 $ 287.44 $ 287.44 4"$ 201.38 $ 269.85 $ 361.60 $ 484.54 $ 484.54 $ 484.54 6"$ 460.78 $ 617.45 $ 827.38 $ 1,108.69 $ 1,108.69 $ 1,108.69 8"$ 870.37 $ 1,166.30 $ 1,562.84 $ 2,094.21 $ 2,094.21 $ 2,094.21 10"$ 1,160.49 $ 1,555.06 $ 2,083.78 $ 2,792.27 $ 2,792.27 $ 2,792.27 Volume chaige (per 1,000 gallons) All use 1.70 $ 2.28 $ 3.06 $ 4.10 $ 4.10 $ 4.10 Springsted Scenario 1 - Various Residential Customers Average Quarterly Cost $200.00 $180.00 $160.00 $140.00 $120.00 $100.00 $80.00 $60.00 $40. 00 $20.00 33% of Residential 67% of Residential 100% of Residential Customers Customers Customers < $117.84 $117.84 —$87.93 $72.06 $72.06 $65.59 $53.77 $45.90 $45.90 $49.00 r -: tz_ $40.11 $25.55 $ $$29.96 19.08 $ Low User (8 units/qtr) Typical User (16 units/qtr) Irrigation User (30 units/qtr) • 2014 [1 2015 (J2016 11 2017 D2018 Based on 2013 consumption data, 33% of residential users consume an average of 8,000 gallons/quarter. The next one-third of residential users consumes 16,000 gallons/quarter, on average. The final one-third of residential users consumes 30,000 gallons per quarter, on average. Sprincisted Scenario 1 - Various Commercial Customers Average Quarterly Cost 33% of 67% of 100% of Commercial Customers Commercial Customers Commercia Customers< $2,083 $2,083<< $1,555 $1,158 $864* $103 $103s43 $57 $77 $214$160 $288 $385 $385 Low User (11 units/qtr) Typical User (80 units/qtr) High User (494 units/qtr) • 2014 El 2015 E; 2016 E32017 D 2018 $2,500 $2,000 ,500 $1,000 $500 s- Based on 2013 consumption data, 33% of commercial users consume an average of 11,000 gallons/quarter. The next one-third of commercial users consumes 80,000 gallons/quarter, on average. The final one-third of commercial users consumes 494,000 gallons per quarter, on average. $3,500 $3,000 $2,500 $2,000 $1,500 $1,000 $500 $- Scenario 1 - Various Industrial Customers Average Quarterly Cost 33% of Industrial Customers 67% of Industrial Customers 100% of Industrial Customers - $2,740 $2,740 , $2,045 — $1,546 $1,546 $1,524 $1,001 $1,001 $1,1541 $ $1,136 ___— $557 $416 -- $747 r i $642 r ,-- ' Low User (126 units/qtr) Typical User (259 units/qtr) High User (550 units/qtr) U 2014 0 2015 l'2016 0 2017 0 2018 Based on 2013 consumption data, 33% of industrial users consume an average of 126,000 gallons/quarter. The next one-third of industrial users consumes 259,000 gallons/quarter, on average. The final one-third of industrial users consumes 550,000 gallons per quarter, on average. Springsted Scenario 1 Sample Water Bills SAMPLE QUARTERLY BILLS (excludes fire line charges) Volume (1,000 gals) 2014 Current 2015 Proposed 2016 Proposed 2017 Proposed 2018 Dap'. :-t 2019 aap-i Average Reside ntial User 18 $ 32.68 5 43.75 5 58.65 $ 78.60 $ 78.60 5 78.60 Quarterly Difference S 11.07 $ 14.90 5 19.95 5 -$ Anmial Difference $ 44.28 $ 59.60 $ 79.80 $$ User #1 - Resident 55 15.00 5 20.09 5 26.93 5 36.09 $ 36.09 5 36.09 Quarterly Difference $ 5.09 $ 6.84 $ 9.16 .5 -$ Annual Difference $ 20.36 $ 27.36 S 36.64 $ -$ User #2 - Resident 45 5 74.50 $ 99.79 $ 133.83 S 179.34 $ 179.34 5 179.34 Quarterly Difference $ 25.29 S 34.04 S 45.51 $ -$ Annual Difference $ 101.16 $ 136.16 5 182.04 $ -$ - Use r #3 - Apartments (12 units)125 5 212.50 5 285.00 S 382.50 5 512.50 5 512.50 5 512.50 Quarterly Difference S 72.50 S 97.50 $ 130.00 5 -$ - A111121(11 Difference $ 290.00 5 390.00 $ 520.00 $$ User #4 - Apartments (24 units)265 5 450.50 5 604.20 5 810.90 5 1,086.50 $ 1,086.50 5 1,086.50 Ouarter6., Differe»ce 5 153.70 5 206.70 5 275.60 5 -$ - Annual Difference $ 614.80 $ 826.80 $ 1,102.40 S $ User #5 - Apartments (120 units)3,012 $ 5,120.40 5 6,867.36 $ 9,216.72 $ 12,349.20 5 12,349.20 5 12,349.20 Quarterly Difference .5 1,746.96 $ 2,349.36 S 3,132.48 $ Annual Difference 5 6,987.84 S 9,397.44 5 12,529.92 5 5 User #6 - Senior Living (97 units)299 5 516.50 5 692.71 5 929.67 5 1,245.64 5 1,245.64 5 1,245.64 Quarterb , Difference $ 176.21 5 236.96 5 315.97 S -S - Annual Difference 5 704.84 $ 947.84 5 1,263.88 $5 User H7 - Condo Owners Assn Irrigation:26 S 43.56 5 58.31 $ 78.17 S 104.76 S 104.76 5 104.76 Potable :152 S 258.40 S 346.56 $ 465.12 5 623.20 S 623.20 $ 623.20 Total:178 5 301.96 5 404.87 5 543.29 5 727.96 5 727.96 5 727.96 Quarterly Difference 5 102.91 S 138.42 $ 184.67 5 S - Annual Difference $ 411.64 5 553.68 .5 738.68 $$ User #8 - Comme rcial 28 5 47.60 5 63.84 5 85.68 5 114.80 5 114.80 5 114.80 Quarterly Difference 5 16.24 $ 21.84 .3 29.12 $ -$ _ Annual Difference S 64.96 S 87.36 $ 116.48 $5 - User #9 - Commercial Irrigation:54 5 89.80 $ 120.31 5 161.37 5 216.24 $ 216.24 5 216.24 Potable:1,543 5 2,623.10 5 3,518.04 5 4,721.58 5 6,326.30 S 6,326.30 5 6,326.30 Total:1,597 5 2,712.90 5 3,638.35 5 4,882.95 5 6,542.54 5 6,542.54 5 6,542.54 Quarterly Difference $ 925.45 $ 1,244.60 $ 1,659.59 $5 - Annual Difference $ 3,701.80 S 4,978.40 S 6,638.36 $$ - Use r #10 - Cominercial Irrigation:1,549 5 3,882.06 5 5,196.59 S 6,969.57 S 9,338.63 5 9,338.63 S 9,338.63 Potable:4,469 5 7,597.30 5 10,189.32 S 13,675.14 S 18,322.90 $ 18,322.90 5 18,322.90 Total:6,018 5 11,479.36 5 15,385.91 5 20,644.71 5 27,661.53 5 27,661.53 S 27,661.53 Quarterly Difference $ 3,906.55 $ 5,258.80 $ 7,016.82 $$ - Annual Difference $ 15,626.20 $ 21,035.20 $ 28,067.28 $ User #11 - Ce me te ty 45 13.64 5 18.27 5 24.49 $ 32.82 S 32.82 5 32.82 Quarterly Difference $ 4.63 $ 6.22 $ 8.33 .5 -5 - Annual Difference $ 18.52 $ 24.88 $ 33.32 $$ User #12 - Church 26 $ 52.40 5 70.27 S 94.29 5 126.34 $ 126.34 5 126.34 Quarterly Difference $ 17.87 S 24.02 $ 32.05 .5 S - Annual Difference $ 71.48 $ 96.08 $ 128.20 $$ - User #13 - Medical Clinic 110 $ 195.20 5 261.79 S 351.33 S 470.74 5 470.74 5 470.74 Quarterly Difference $ 66.59 $ 89.54 5 119.41 $$ - Annual Difference $ 266.36 $ 358.16 S 477.64 S $ - User #14 - School District 135 5 237.70 $ 318.79 5 427.83 $ 573.24 5 573.24 5 573.24 Quarterly Difference $ 81.09 5 109.04 S 145.41 S -.5 - Annual Difference $ 324.36 S 436.16 $ 581.64 $5 Springsted APP Scenario 2 - Pm Loan is Only Debt Issued 20% Transfer in from General Fund Sin ingsted Scenario 2 Pm Loan is Only Debt Issued & 20% Transfer in from General Fund Projected °lame Chmge: S 1.70 S 2.26 S 3.01 S 3.91 S 3.91 S 3.91 S 3.91 3.91 Projected Water Rate Adjustment Projected Change 2015-2028 Calculate 33.00%33.00%30.00%0.00%0.00%0.00%0.00% 2014 201520162017 2018 2019 2020 2021 Operating Revenues Water User Charges 0.000/n 2,543,407 3,382,731 4,499,033 5,848,742 5,848,742 5,848,7425,848,742 5,848,742 Other Revenue Total Operating Revenue 2,543,407 3,382,731 4,499,033 5,848,742 5,848,742 5,848,742 5,848,742 5,848,742 Operating Expenses Personal Services 3.00%504,978 520,127 595,731 613,603 632,011 650,972 670,501 690,616 Supplies 3.00%181,410 186,852 218,733 225,295232,054 239,015246,186 253,571 Services 3.00%663,784 683,698 859,208 884,985 911,534 938,880 967,047 996,058 N.--Existing Depreciation 735,294 713,235691,838 671,083650,950 631,422 612,479 594,105 New Depreciation -261,540535,239 645,302 814,119 925,778 1,031,3461,132,054 Total Operating Expenses 2,085,466 2,365,452 2,900,750 3,040,268 3,240,669 3,386,067 3,527,5593,666,405 Operating Income (Loss)457,941 1,017,279 1,598,283 2,808,474 2,608,074 2,462,6752,321,1842,182,338 Non Operating Revenues (Expenses) State or Federal Grants '- Interest Income 1.00%7,000 23,643 19,709 11,836 5,387 10,676 19,796 28,702 Interest Expense Existing Debt (58,118)(55,571)(52,575)(49,031)(44,910)(40,347)(35,354)(29,867) Interest Ex-pense New PFA Loans (136,905)(267,889)(255,960)(243,851)(231,560)(219,085)(206,423) Interest Expense New Debt .- Total Non Operating Revenues (Expenses Net Income (Loss) Before Transfers Operating Transfers (51,118) 406,323 (168,833) 848,446 (300,755) 1,297,528 (293,154) 2,515,320 (283,373) 2,324,700 (261,231) 2,201,444 (234,643) 2,086,541 (207,588) 1,974,750 Trans rs In 106,322 212,644 212,644 212,644 212,644 212,644 212,644 Transkrs (Out)- Total Operating Transfers Net Income (Loss) - 406,823 106,322 954,768 212,644 1,510,171 212,644 2,727,964 212,644 2,537,344 212,644, 2,414,087 212,644 2,299,184 212,644 2,187,393 Beginning Cash & Investments 2,907,177 2,364,294 1,970,949 1,183,637 538,749 1,067,5971,979,616 2,870,189 Net Income 406,823954,768 1,510,171 2,727,9642,537,344 2,414,087 2,299,184 2,187,393 Depreciation 735,294 974,775 1,227,077 1,316,385 1,465,070 1,557,2001,643,826 1,726,159 Amortimtion --.. Acquisition and Construction of Assets '(10,707,000)(10,950,184)(2,620,483)(3,769,479)(2,537,949)(2,111,361)(2,088,304)(345,612),Proceeds from New Long-Term Debt -,Proceeds from PFA Loam 9,127,000 9,127,000 ---- Princiapl Payments on New Long-Tenn Det -- Principal Payments on New PFA Loans (394,704)(795,328)(807,258)(819,367)(831,658)(844,132)(856,794) Principal Payments 011 Existing Long-Temlf)ebt (105,000)(105,000)(108,750)(112,500)(116,250)(116,250)(120,000)(123,750) Ending Cash Balance 2,364,294 1,970,949 1,183,637 538,749 1,067,597 1,979,616 2,870,189 5,457,586 Minimum Cash Balance For ongoing operations 591,363 725,187 760,067 810,167846,517 881,890 916,601 931,017 For debt service 692,180 1,224,543 1,224,749 1,224,3781,219,8151,218,572 1,216,8351,218,371 Mininnun Cash Balance Required 1,283,543 1,949,730 1,984,8162,034,545 2,066,3322,100,461 2,133,4362,149,388 Amount Over (Under) Minimum 1,080,751 21,219 (801,179) (1,495,796) (998,735) (120,845) 736,754 3,308,198 Sprinosted Scenario 2 (continued) - PFA Loan is Only Debt Issued & 20% Transfer in from General Fund Projected Volume Cha [get s 3.91 5 3.91 3.91 $ 3.91 5 3.91 $ 3.91 $ 3.91 Projected Water Rate Adjustment Projected Change 2015-2028 0.00%0.00%0.00%0.00%0.00%0.00%0.00% 2022 2023 2024 202520262027 2028 Operating Revenues Water User Charges 0.00%5,848,742 5,848,7425,848,742 5,848,7425,848,742 5,848,742 5,848,742 Other Revenue ----__- Total Operating Revenue 5,848,742 5,848,742 5,848,742 5,848,7425,848,742 5,848,742 5,848,742 Operating Expenses Personal Services 3.00%711,334 732,674 754,654777,294 800,613 824,631 849,370 Supplies 3.00%261,178 269,014 277,084285,397 293,959 302,777 311,861 Services 3.00%1,025,940 1,056,7181,088,420 1,121,0721,154,704 1,189,345 1,225,026 Existing Depreciation 576,282 558,993 542,224525,957 510,178 494,873 480,027 , New Depreciation 1,149,335 1,159,280 1,180,571 1,295,8271,423,327 1,442,414 1,445,577 Total Operating Expenses 3,724,069 3,776,679 3,842,953 4,005,547 4,182,781 4,254,041 4,311,861 Operating Income (Loss)2,124,673 2,072,0632,005,7901,843,196 1,665,961 1,594,7021,536,882 Non Operating Revenues (Expenses)s State or Federal Grants Interest Income 1.00%54,576 81,578 106,009 111,303113,598138,406 165,971 , Interest Expense Existing Debt (23,903)(17,495)(10,736)(3,634)--- Interest Expense New PFA Loans (193,571)(180,527)(167,286)(153,847)(140,207)(126,362)(112,309) Interest Expense New Debt .--_ Total Non Operating Revenues (Expenses) Net Income (Loss) Before Transfers Operating Transfers (162,899) 1,961,775 (116,443) 1,955,620 (72,014) 1,933,776 (46,179) 1,797,017 (26,608) 1,639,353 12,044 1,606,746 53,663 1,590,544 sTransfers In 212,644 212,644212,644 212,644 212,644212,644 212,644 ,Transfers (Out) Total Operating Transfers Net Income (Loss) 212,644 2,174,418 212,644 2,168,263 212,644 2,146,420 212,644 2,009,661 212,644 1,851,996 212,644 1,819,390 212,644 . 1,803,188 Beginning Cash & Investments 5,457,586 8,157,825 10,600,854 11,130,268 11,359,830 13,840,59216,597,143 Net Income 2,174,418 2,168,263 2,146,420 2,009,6611,851,996 1,819,390 1,803,188 Depreciation 1,725,617 1,718,273 1,722,794 1,821,784 1,933,506 1,937,2871,925,604 Amortization -._-- Acquisition and Construction of Assets ,(198,900)(425,816)(2,305,119)(2,550,012)(381,728)(63,269)(49,155) 1Proceeds from New Long-Term Debt -.--- ,Proceeds from PFA Loans ------- Princiapl Payments on New Long-Tenn Dell -.--- Principal Payments on New PFA Loans (869,646)(882,691)(895,931)(909,370)(923,011)(936,856)(950,909) Principal Payments on Existing Long-Tennl5ebt (131,250)(135,000)(138,750)(142,500)_-- Ending Cash Balance 8,157,825 10,600,854 11,130,26811,359,830 13,840,59216,597,143 19,325,871 Minimum Cash Balance For ongoing operations 944,170 960,738 1,001,387 1,045,695 1,063,510 1,077,965 1,092,876 For debt service 1,215,713 1,212,704 1,209,352 1,063,2181,063,218 1,063,218 1,063,218 Minimum Cash Balance Reclaim('2,159,883 2,173,442 2,210,738 2,108,9132,126,7282,141,183 2,156,094 Amount Over (Under) Minimum 5,997,942 8,427,412 8,919,529 9,250,917 11,713,864 14,455,960 17,169,777 Springsted ater Rates, Fees and Charges Actual 2014 Base Charge Proposed 2015 Proposed 2016 Proposed 2017 Proposed 2018 Proposed 2019 $ 8.20 $ 10.91 $ 14.51 $ 18.86 $ 18.86 $ 18.86 $ 8.20 $ 10.91 $ 14.51 $ 18.86 $ 18.86 $ 18.86 $ 8.20 $ 10.91 $ 14.51 $ 18.86 $ 18.86 $ 18.86 $ 1.36 $ 1.70 $ 1.81 $ 2.26 $ 2.41 $ 3.01 $ 3.13 $ 3.91 $ 3.13 $ 3.91 $ $ 3.13 3.91 $ 2.54 $ 3.38 $ 4.50 $ 5.85 $ 5.85 $ 5.85 $ 23.89 $ 31.77 $ 42.25 $ 54.93 $ 54.93 $ 54.93 $ 30.72 $ 40.86 $ 54.34 $ 70.64 $ 70.64 $ 70.64 59.73 $ 79.44 $ 105.66 $ 137.36 $ 137.36 $ 137.36 $ 119.46 $ 158.88 $ 211.31 $ 274.70 $ 274.70 $ 274.70 $ 201.38 $ 267.84 $ 356.23 $ 463.10 $ 463.10 $ 463.10 $ 460.78 $ 612.84 $ 815.08 $ 1,059.60 $ 1,059.60 $ 1,059.60 $ 870.37 $ 1,157.59 $ 1,539.59 $ 2,001.47 $ 2,001.47 $ 2,001.47 $ 1,160.49 $ 1,543.45 $ 2,052.79 $ 2,668.63 $ 2,668.63 $ 2,668.63 1.70 $ 2.26 $ 3.01 $ 3.91 $ 3.91 $ 3.91 Bil led ()nailed), Meter Size 5/8 3/4" Irrigation Volume charge (per 1,000 gallons) 0 to 30,000 31,000 to 60,000 >61,000 Mi nimum Quarterly Charge 11 /2" 2"3 ,, 4" 6 " 8 " 10' Vo lume charge (per 1,000 gallons) All use Scenario 2 - Various Residential Customers Average Quarterly Cost 33% of Residential 67% of Residential 100% of Residential Customers Customers Customers $112.76 112.76 $86.81 f V_7i$53.07 $68,94 $68.94 $39.87 $65.21 $43.90 $43.90 i $49.00 $19.08 $25.39r--- $nA- 1----1 $29.96 _ $200.00 $180.00 $160.00 $140.00 $120.00 $100.00 $80.00 $60.00 $40.00 $20.00 $- Low User (8 units/qtr) Typical User (16 units/qtr) Irrigation User (30 units/qtr) fl 2014 02015 [1 2016 112017 0 2018 Scenario 2 - Proposed Water Rates Springsted $2,500 $1,500 $1,000 $500 $- Scenario 2 - Various Commercial 33% of Commerci a I Customers Average 67% of Commercial Customers Quarterly Cost 100% of Commercial CustomersCustomers < $2,000 $1,986 $1,986 $1,529 $1,148 $864 $43 $57 $75 $98 $98 $160 $213 $283 $368 $368F-7-71 (80 units/qtr) 0 2017 M2018 • —1ir— Typical User E1 2015 i 2016 r — —t----- I Low User (11 units/qtr) 0 2014 High User (494 units/qtr) Scenario 2 - Various Industrial Customers Average Quarterly Cost $3,500 $3,000 $2,500 $2,000 $1,500 $1,000 $500 $ 33% of Industrial Gustorners 67% of Industrial ------Customers 100% of Industrial Customers < $2,614 , $2,614 — — — $2,012 $1,476 $1,476 $1,511 $956 $956 $1,136 $1,136 I 8 $553 $416 ----- $735 $642 Low User (126 units/qtr) Typical User (259 units/qtr) High User (550 units/qtr) 0 2014 0 2015 0 2016 02017 El 2018 Springsted Scenario 2 Sample Water Bills SAMPLE QUARTERLY BILLS (excludes fire line charges) Volume (1,000 gals) 2014 Current 2015 Proposed 2016 Proposed 2017 Proposed 2018 Proposed 2019 Proposed Average Residential User 18 5 32.68 5 43.49 5 57.89 5 75.20 S 75.20 S 75.20 Quarterly Difference 5 10.81 $ 14.40 S 17.31 8 5 - Annual Difference S 43.24 $ 57.60 $ 69.24 $$ Use r NI - Resident 5 5 15.00 5 19.96 5 26.56 5 34.51 5 34.51 $ 34.51 Quarterly Difference $ 4.96 $ 6.60 $ 7.95 $ -$ - Annual Difference 5 19.84 $ 26.40 5 31.80 S $ User #2 - Resident 45 5 74.50 5 99.11 5 131.96 5 171.41 $ 171.41 S 171.41 Quarterly Difference $ 24.61 5 32.85 $ 39.45 5 -$ - Annual Difference 5 98.44 5 131.40 5 157.80 $5 User N3 - Apartments (12 units)125 5 212.50 5 282.50 5 376.25 5 488.75 S 488.75 5 488.75 Quarterly Difference S 70.00 5 93.75 5 112.50 $$ - Annual Difference 5 280.00 5 375.00 5 450.00 5 $ User 44 - Apartments (24 units)265 5 450.50 S 598.90 5 797.65 5 1,036.15 S 1,036.15 5 1,036.15 Quarterly Difference S 148.40 $ 198.75 $ 238.50 5 -$ - Annual Difference 5 593.60 S 795.00 5 954.00 S -$ User #5 - Apartments (120 units)3,012 5 5,120.40 5 6,807.12 5 9,066.12 5 11,776.92 5 11,776.92 5 11,776.92 Quarterly Difference 5 1,686.72 $ 2,259.00 5 2,710.80 $ -5 Annual Difference 5 6,746.88 $ 9,036.00 $ 10,843.20 5 -$ User N6 - Senior Living (97 units)299 5 516.50 S 686.65 5 914.50 5 1,187.95 S 1,187.95 5 1,187.95 Quarterly Difference 5 170.15 $ 227.85 5 273.45 $ -$ - Annual Difference 5 680.60 S 911.40 5 1,093.80 $ -S User #7 - Condo Owners Assn Irrigation:26 5 43.56 5 57.97 5 77.17 5 100.24 S 100.24 5 100.24 Potable:152 $ 258.40 5 343.52 S 457.52 5 594.32 S 594.32 5 594.32 Total:178 5 301.96 S 401.49 $ 534.69 5 694.56 5 694.56 S 694.56 Quarterly Difference 5 99.53 5 133.20 S 159.87 5 -5 Annual Difference $ 398.12 5 532.80 S 639.48 5 S User #8 - Commercial 28 5 47.60 5 63.28 5 84.28 5 109.48 5 109.48 5 109.48 Quarterly Difference S 15.68 5 21.00 $ 25.20 $ -$ Annual Difference S 62.72 $ 84.00 $ 100.80 5 -$ User N9 - Commercial Irrigation:54 5 89.80 5 119.45 S 159.05 5 206.60 $ 206.60 5 206.60 Potable:1,543 5 2,623.10 5 3,487.18 5 4,644.43 5 6,033.13 5 6,033.13 S 6,033.13 Total:1,597 S 2,712.90 5 3,606.63 5 4,803.48 5 6,239.73 5 6,239.73 5 6,239.73 Quarterly Difference 5 893.73 5 1,196.85 5 1,436.25 $ -S Annual Difference 5 3,574.92 5 4,787.40 $ 5,745.00 5 -S User #10 - Commercial Irrigation:1,549 S 3,882.06 S 5,165.83 5 6,877.61 $ 8,940.71 $ 8,940.71 5 8,940.71 Potable:4,469 5 7,597.30 S 10,099.94 $ 13,451.69 S 17,473.79 $ 17,473.79 5 17,473.79 Total:6,018 $ 11,479.36 S 15,265.77 S 20,329.30 S 26,414.50 5 26,414.50 S 26,414.50 Quarterly Difference S 3,786.41 5 5,063.53 $ 6,085.20 Annual Difference $ 15,145.64 $ 20,254.12 $ 24,340.80 $ User #11 - Cemetery 4 5 13.64 5 18.15 5 24.15 5 31.38 5 31.38 5 31.38 Quarterly Difference $ 4.51 $ 6.00 $ 7.23 $ -$ Annual Difference $ 18.04 $ 24.00 $ 28.92 $5 User #12 - Church 26 5 52.40 5 69.67 5 92.77 S 120.52 5 120.52 5 120.52 Quarterly Difference $ 17.27 $ 23.10 5 27.75 $ -$ Annual Difference 5 69.08 5 92.40 $ 111.00 S 5 User 413 - Medical Clinic 110 5 195.20 5 259.51 $ 345.61 S 448.96 5 448.96 S 448.96 Quarterly Difference 5 64.31 S 86.10 $ 103.35 $ -5 Annual Difference 5 257.24 S 344.40 $ 413.40 $5 User #14 - School District 135 S 237.70 5 316.01 5 420.86 5 546.71 5 546.71 5 546.71 Quarterly Difference $ 78.31 5 104.85 $ 125.85 $ -$ Annual Difference $ 313.24 5 419.40 $ 503.40 $$ Springsted ic)DE\ Scenario 3 0000 Ionds issued in 2016, 2017, 2019, 2025 MN PFA Loan Debt Sprin (,) st ed Scenario 3 G.O. Bonds Issued in 2016, 2017, 2019, & 2025 + MN PFA Loan Debt Projected olume Charge: $ 1.70 S 2.07 S 2.53 S 3.04 S 3.12 S 3.20 S 3.28 S 3.36 Projected Water Rate Adjustment Projected Change 2015-2028 Calculate 22.00%22.00%20.00%2.50%2.50%2.50%2.50% 2014 2015 2016 2017 2018 2019 2020 2021 Operating Revenues - WaterUserCharges 0.00%2,543,407 3,102,957 3,785,607 4,542,728 4,656,297 I J I 5,014,322 Total Operating Revenue 2,543,407 3,102,957 3,785,607 4,542,728 4,656,297 I I 5,014,322 Operating Expenses Personal Services 3.00%504,978 520,127 595,731 613,603 632,011 I I I 690,616 SuppOes 3.00%181,410 186,852 21S,733 225,295 232,054 $ I a 253,571 Services 3.00%663,784 683,698 S59,203 884,985911,534 .1 'a I 996,058 ExistingDepreciation 735,294 713,235 691,838 671,083 650,950 631,422 ____________594,105 NesvDepreciation -261,540 535,239 645,302 814,119 925,778 I a 1,132,054 TotalOperatingExpenses 2,085,466 2,365,4522,900,750 3,040,2683,240,669 3,386,067 '3,666,405 Operating Iiicoine (Loss)457,941 737,504 884,857 1,502,460 1,415,628 1,386,637 1,347,918 Non Operating Revenues (Expenses)- haterestlncome 1.00%7,000 a 15,849 24,666 33,759 17,908 27,597 14,956 lnterestExpenseNewPFALoaus • 'I (267,889)(255,960)(243,851)(231,560)(219,085)(206,423) InterestExpenseNewDebt --(103,961)(230,518)(210,251)(272,195)(243,359) Total Non Operating Revenues (Expenses Net Income (Loss) Before Tiansfeis Operating Transfers !!j)] 1IFaj (168,833) 568,671 (304,616) 580,241 (384,285) 1,118,175 (485,520) 930,108 (464,693) 883,225 , 1Transfers (Out) Net Income (Loss)1irj 568,671 580,241 1,118,175 930,108 883,225 Beginning Cash & Investments 2,364,294 1,584,852 2,466,6313,375,894 1,495,648 Depreciation a 974,775 1,227,077 1,316,385 1,465,070 II a 1,726,159 Acquisition and Construction of Assets (10,707,000)(10,950,184)(2,620,483)(3,769,479)(2,537,949)(2,111,361)(2,088,304)(345,612) Proceeds from New Long-Term Debt 2,599,021 3,380,414 2,075,575 Proceeds from PFA Loans 9,127,000 9,127,000 Payments on New Long-Tenn Debt (216,475)(506,692)(526,959)(720,914)(749,751) Payments on New PFA Loans (394,704)(795,328)(807,258)(819,367)(831,658)(844,132)(856,794) Payments on Existing Long-Term Debt (105 000)(105,000)(108,750)(112,500)(116,250)(116,250)(120,000)(123,750) Ending Cash Balance 2,364,294 1,584,8522,466,631 3,375,8941,790,814 2,759,748 1,495,648 2,029,126 Minimum Cash Balance For ongoing operations 591,363725,187 760,067 810,167846,517 881,890 916,601 931,017 For debt service 692,180 1,224,5431,545,184 1,961,588 1,957,025 2,211,681 2,209,9442,211,480 Minimum Cash Balance Required 1,283,543 1,949,730 2,305,2512,771,755 2,803,542 3,093,571 3,126,546 3,142,498 Amount Over (Under)1\hnimum 1,080,751 (364,878) 161,380 604,139 (1,012,728) (333,823) (1,630,897) (1,113,372) Springsted Scenario 3 (continued) - G.O. Bonds Issued in 2016, 2017, 2019, & 2025 + PFA Loan Debt Projected Volume Charge: s 3.44 $ 3.53 $ 3.62 $ 3.62 $ 3.62 $ 3.62 $ 3.62 Projected Water Rate Adjustment Projected Change 2.50%2.50%2.50%0.00%0.00%0.00%0.00% 2015-2028 2022 2023 2024 2025 2026 20272028 Opera ting Revenues Water User Charges 0.00%5,139,680 5,268,172 5,399,877 5,399,877 5,399,8775,399,877 5,399,877 Other Revenue _---_-_ Total Operating Revenue 5,139,680 5,268,172 5,399,877 5,399,877 5,399,877 5,399,877 5,399,877 Opera ting Expenses Personal Services 3.00%711,334 732,674754,654 777,294 800,613 824,631 849,370 Supplies 3.00%261,178 269,014 277,084 285,397 293,959 302,777 311,861 Services , 3.00%1,025,9401,056,718 1,088,420 1,121,072 1,154,704 1,189,345 1,225,026 Existing Depreciation 576,282 558,993 542,224 525,957 510,178 494,873 480,027 New Depreciation 1,149,335 1,159,280 1,180,571 1,295,827 1,423,327 1,442,414 1,445,577 Total Operating Expenses 3,724,0693,776,679 3,842,953 4,005,547 4,182,781 4,254,041 4,311,861 Operating Income (Loss)1,415,6111,491,493 1,556,9241,394,330 1,217,095 1,145,836 1,088,016 Non Operating Revenues (Expenses) i--State or Federal Grants Interest Income 1.00%20,291 27,803 33,83221,858 32,213 36,517 46,578 1Interest Expense Existing Debt (23,903)(17,495)(10,736)(3,634)--- Interest Expense New PFA Loans (193,571)(180,527)(167,286)(153,847)(140,207)(126,362)(112,309) Interest Expense New Debt (213,369)(182,179)(149,742)(116,007)(182,924)(137,940)(103,975) Total Non Operating Revenues (Expenses Net Income (Loss) Before Transfers Operating Transfers (410,552) 1,005,059 (352,398) 1,139,095 (293,932) 1,262,992 (251,630) 1,142,700 (290,917) 926,178 (227,785) 918,051 (169,706) 918,310 Transfers In Transfers (Out) ' Total Operating Transfers Net Income (Loss) - 1,005,059 - 1,139,095 - 1,262,992 - 1,142,700 _ 926,178 - 918,051 - 918,310 Beginning Cash 8z Investments 2,029,126 2,780,265 3,383,1952,185,813 3,221,323 3,651,6884,657,773 Net Income 1,005,059 1,139,095 1,262,992 1,142,700 926,178918,051 918,310 Depreciation 1,725,617 1,718,273 1,722,794 1,821,7841,933,506 1,937,287 1,925,604 Amortization ------- Acquisition and Construction of Assets '(198,900)(425,816)(2,305,119)(2,550,012)(381,728)(63,269)(49,155) Proceeds from New Long-Tenn Debt _--2,550,012 --- ,Proceeds from PFA Loans .--.--- Payments on New Long-Tenn Debt '(779,741)(810,931)(843,368)(877,103)(1,124,580)(849,127)(466,318) Payments on New PFA Loans (869,646)(882,691)(895,931)(909,370)(923,011)(936,856)(950,909) Payments on Ddsting Long-Term Debt '(131,250)(135,000)(138,750)(142,500)_-- Ending Cash Balance 2,780,265 3,383,1952,185,813 3,221,3233,651,6884,657,773 6,035,304 Minimum Cash Balance For ongoing operations 944,170 960,738 1,001,3871,045,6951,063,510 1,077,965 1,092,876 For debt service 2,208,822 2,205,813 2,202,4612,370,721 2,050,285 1,633,5111,633,511 Minimum Cash Balance Required 3,152,992 3,166,552 3,203,8483,416,4163,113,795 2,711,476 2,726,387 Amount Over (Under) Minimum (372,728) 216,643 (1,018,036) (195,094) 537,892 1,946,297 3,308,917 Springsted Cash = $10,605,022 Bonds = $11,503,065 0003000 N (r) `1" in to NN0 0 0 0 0 0 0 0 0 0 0 0 0 0N N Cash is Debt Fiinanchag (For larger CP items 2014-2028) $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $- El Cash H Debt Service N CO Cr) 01 (•(-)0000N N The Pay-As-You-Go (Cash) method of financing capital improvements relies on the use of the city's financial reserves or cash flow to finance capital improvements instead of debt to finance the improvement. The choice to use solely Pay-As-You-Go financing versus debt financing for some of larger capital projects in the 2014-2028 CIP, which we have assumed would be financed with G.O. Revenue Bonds, has potential interest cost savings of approximately $900,000 over a 20 year period. This is shown in the graph below. As the CIP evolves and actual expenses are realized, these figures will vary. The purpose of the graph is to shown the potential for added interest costs when using debt financing as well as to show how the expenses will be spread out over the term of the bonds issued rather than in the year of expense. Springsted Scenario 3 - Proposed Water Rates ater Rates, Fees and Charges Bit !e(I Quarterly Meter Size Actual 2014 Base Charge Proposed 2015 Proposed 2016 Proposed 2017 Proposed 2018 Proposed 2019 5/8"$ 8.20 $ 10.00 $ 12.20 $ 14.64 $ 15.01 $ 15.39 3/4"$ 8.20 $ 10.00 $ 12.20 $ 14.64 $ 15.01 $ 15.39 Irrigation $ 8.20 $ 10.00 $ 12.20 $ 14.64 $ 15.01 $ 15.39 Vol time charge (per 1,000 gallons) 0 to 30,000 $ 1.36 $ 1.66 $ 2.03 $ 2.44 $ 2.50 $ 2.56 31, )00 to 60,000 $ 1.70 $ 2.07 $ 2.53 $ 3.04 $ 3.12 $ 3.20 >61 ,000 $ 2.54 $ 3.10 $ 3.78 $ 4.54 $ 4.65 $ 4.77 Minimum Quarterly Charge $ 23.89 $ 29.15 $ 35.56 $ 42.67 $ 43.74 $ 44.83 1 1/2"$ 30.72 $ 37.48 $ 45.73 $ 54.88 $ 56.25 $ 57.66 2 "$ 59.73 $ 72.87 $ 88.90 $ 106.68 $ 109.35 $ 112.08 3'$ 119.46 $ 145.74 $ 177.80 $ 213.36 $ 218.69 $ 224.16 4'$ 201.38 $ 245.68 $ 299.73 $ 359.68 $ 368.67 $ 377.89 6 "$ 460.78 8 562.15 $ 685.82 $ 822.98 $ 843.55 $ 864.64 8'$ 870.37 $ 1,061.85 $ 1,295.46 $ 1,554.55 $ 1,593.41 $ 1,633.25 1($ 1,160.49 $ 1,415.80 $ 1,727.28 $ 2,072.74 $ 2,124.56 $ 2,177.67 Volume charge (per 1,000 gallonsl All use 1.70 $ 2.07 $ 2.53 $ 3.04 $ 3.12 $ 3.20 Scenario 3 - Various Residential Customers Average Quarterly Cost $200.00 $180.00 33% of 67% of 100% of $160.00 Residential Residential Residential Customers Customers Customers <$140.00 $120.00 $100.00 $90.01 $87.84 ■ - ---, $80.00 $73.10[- $60.00 $53.68 $55.01 $59.80 - $44.68i $49.00 $40.00 34.16 $35 .01 $36.56 1- 29.96 $23. 28 $2844 $20.00 $-[ 1 , Low User (8 un ts/qtr) Typical User (16 units/qtr) 0 igation User (30 units/qtr) 13 2014 112015 E2016 17.2017 112018 Springsted $1,544 $1585 $864 Scenario 3 - Various Commercial Customers Average Quarterly Cost 67% of 100% of33% of$2,000 Commercial Customers Cornmercial Customers Commercial Customers $1,500 $1,285 $1,052 $1,000 $500 $43 $52 $63 $76 $78 — Low User (11 units/qtr) $238 $286 $293 $160 $195 F Li Typical User (80 units/qtr) High User (494 units/qtr) U2014 02015 12016 02017 0 2018 Scenario 3 - Various Industrial Customers Average Quarterly Cost $3,000 $2,500 $2,000 $1,500 $1,000 $500 33% of Industrial Customers 67% of Industrial Customers 100% of Industrial Customers $2,085$2,032 $ ,691 r-- $1,147 $1,177 $1,136 '1;S $955 ----- $743 $762 $782 1-...,__.. .;: . ___ i $6ir $642 $507 1 --$ i $ Low User (126 units/qtr) Typical User (259 units/qtr) High User (550 units/qtr) 0 2014 02015 L.2016 0 2017 0 2018 Springsted Scenario 3 Sample Water Bills SAMPLE QUARTERLY BILLS (excludes fire line charges) Volume (1,000 gals) 2014 Current 2015 Proposed 2016 Proposed 2017 Proposed 2018 Proposed 2019 Proposed Average Residential User 18 $ 32.68 $ 39.88 5 48.74 S 58.56 5 60.01 $ 61.47 Quarterly Difference S 7.20 S 8.86 S 9.82 $ 1.45 S 1.46 A»inial Difference $ 28.80 5 35.44 $ 39.28 $ 5.80 $ 5.84 User 41 - Resident 5 $ 15.00 S 18.30 S 22.35 $ 26.84 5 27.51 $ 28.19 Quarterly Difference 5 3.30 5 4.05 5 4.49 $ 0.67 5 0.68 Annual Difference $ 13.20 5 16.20 $ 17.96 S 2.68 5 2.72 User 42 - Resident 45 5 74.50 5 90.85 ,5 111.05 5 133.44 5 136.81 5 140.19 Quarterly Difference S 16.35 5 20.20 5 22.39 5 3.37 S 3.38 Annual Difference 5 65.40 $ 80.80 5 89.56 $ 13.48 $ 13.52 User 03 - Apartments (12 units)125 S 212.50 5 258.75 5 316.25 S 380.00 5 390.00 5 400.00 Quarterly Difference 5 46.25 $ 57.50 $ 63.75 $ 10.00 $ 10.00 Annual Difference 5 185.00 5 230.00 $ 255.00 $ 40.00 5 40.00 User 44 - Apartments (24 units)265 5 450.50 5 548.55 S 670.45 S 805.60 5 826.80 5 848.00 Quarterly Difference 5 98.05 $ 121.90 5 135.15 5 21.20 $ 21.20 Annual Difference S 392.20 S 487.60 5 540.60 5 84.80 5 84.80 User 45 - Apartments (120 units)3,012 S 5,120.40 $ 6,234.84 S 7,620.36 $ 9,156.48 $ 9,397.44 5 9,638.40 Quarterly Difference $ 1,114.44 5 1,385.52 $ 1,536.12 5 240.96 S 240.96 Annual Difference $ 4,457.76 S 5,542.08 $ 6,144.48 S 963.84$ 963.84 User46 - Senior Living (97 units)299 5 516.50 5 628.93 S 768.67 5 923.60 5 947.89 5 972.19 Quarterly Difference 5 112.43 5 139.74 $ 154.93 5 24.29 5 24.30 Annual Difference S 449.72 5 558.96 5 619.72 5 97.16 5 97.20 User #7 - Condo Owners Assn ',ligation:26 5 43.56 5 53.16 5 64.98 5 78.08 5 80.01 5 81.95 Potable:152 5 258.40 5 314.64 $ 384.56 $ 462.08 $ 474.24 S 486.40 Total:178 5 301.96 5 367.80 5 449.54 5 540.16 S 554.25 5 568.35 Quarterly Difference 5 65.84 $ 81.74 $ 90.62 $ 14.09 5 14.10 Annual Difference S 263.36 $ 326.96 $ 362.48 $ 56.36 $ 56.40 User 48 - Commercial 28 $ 47.60 5 57.96 $ 70.84 $ 85.12 $ 87.36 5 89.60 Quarterly Difference S 10.36 5 12.88 S 14.28 $ 2.24 S 2.24 Annual Difference S 41.44 5 51.52 5 57.12 5 8.96 5 8.96 User 49 - Commercial Irrigation:54 S 89.80 5 109.48 5 133.82 5 160.80 5 164.89 5 168.99 Potable:1 ,543 S 2,623.10 S 3,194.01 5 3,903.79 5 4,690.72 5 4,814.16 5 4,937.60 Total:1,597 5 2,712.90 $ 3,303.49 5 4,037.61 5 4,851.52 5 4,979.05 5 5,106.59 Quarterly Difference 5 590.59 5 734.12 5 813.91 5 127.53 S 127.54 Annual Difference $ 2,362.36 5 2,936.48 $ 3,255.64 $ 510.12 $ 510.16 User 410 - Comme rcial Irrigation:1,549 S 3,882.06 $ 4,737.80 $ 5,777.42 5 6,939.10 5 7,107.46 5 7,290.72 Potable:4,469 5 7,597.30 S 9,250.83 S 11,306.57 S 13,585.76 $ 13,943.28 S 14,300.80 Total:6,018 S 11,479.36 S 13,988.63 S 17,083.99 5 20,524.86 5 21,050.74 S 21,591.52 Quarterly Difference $ 2,509.27 $ 3,095.36 $ 3,440.87 $ 525.88 S 540.78 Annual Difference 5 10,037.08 $ 12,381.44 $ 13,763.48 $ 2,103.52 $ 2,163.12 User 411 - Cemetely 4 5 13.64 $ 16.64 $ 20.32 $ 24.40 5 25.01 5 25.63 Quarterly Difference 5 3.00 $ 3.68 $ 4.08 $ 0.61 S 0.62 Annual Difference 5 12.00 5 14.72 $ 16.32 $ 2.44 S 2.48 User 412 - Church 26 5 52.40 5 63.82 5 77.98 5 93.68 5 96.13 5 98.59 Quarterly Difference 5 11.42 $ 14.16 $ 15.70 $ 2.45 5 2.46 Annual Difference $ 45.68 5 56.64 5 62.80 $ 9.80 $ 9.84 User #13 - Medical Clinic 110 5 195.20 5 237.70 5 290.50 5 349.04 $ 358.21 5 367.39 Quarterly Difference 5 42.50 $ 52.80 $ 58.54 S 9.17 S 9.18 A nnual Difference 5 170.00 $ 211.20 $ 234.16 $ 36.68 $ 3672 User 414 - School District 135 5 237.70 5 289.45 5 353.75 5 425.04 5 436.21 S 447.39 Quarterly Difference S 51.75 $ 64.30 S 71.29 $ 11.17 $ 11.18 Annual Difference S 207.00 S 257.20 S 285.16 5 44.68 $ 44.72 Springsted ArD) Scenario 4 - 000. Bonds Issued in 2014, 2015, 2016, 2017, 2019, 2025-P.- PFA Loan Debt Springsted Projected N oluine Charge: S 1.70 S 2.04 S 2.45 $2.94 S 3.04 $3.14 S 3.24 $3.35 (37,418)196,522 (1,517,010) (1,385,187)Amount Over (Under) Nlinimurn 2,465,951 2,043,747 2,103,651 2,050,773 Scenario 4 - G.O. Bonds Issued in 2014, 2015, 2016, 2017, 2019, & 2025 + PFA Loan Debt Projected Water Rate Adjustment Projected Change 177:71tte 1 20.00%20.00%20.00%3.25%3.25%3.25%3.25% 2015-2028 20142015 2016 2017 2018 2019 2020 2021 Operating Revenues Water User Charges 0.00%2,543,407 3,052,088 3,662,506 4,395,0074,537,845 4,685,325 4,837,598 4,994,820 Other Revenue _--- Total Operating Revenue 2,543,407 3,052,0883,662,506 4,395,0074,537,8454,685,325 4,837,598 4,994,820 Operating Expenses Personal Services 3.00%504,978 520,127 595,731 613,603632,011 650,972 670,501 690,616 Supplies 3.00%181,410 186,852 218,733 225,295 232,054 239,015246,186 253,571 Services 3.00%663,784 683,693 859,208 884,985 911,534 938,880 967,047 996,058 Existing Depreciation 735,294 713,235 691,838 671,083 650,950 631,422612,479 594,105 New Depreciation -261,540 535,239645,302 814,119925,778 1,031,346 1,132,054 Total Operating Expenses 2,085,466 2,365,452 2,900,7503,040,268 3,240,6693,386,067 3,527,559 3,666,405 Operating Income (Loss)457,941 686,636 761,756 1,354,7391,297,176 1,299,258 1,310,039 1,328,415 Non Operating Revenues (Expenses),State or Federal Grants - Interest Income 1.00%7,000 39,443 43,645 47,800 51,93631,372 36,611 19,806 Interest Expense Existing Debt (58,118)(55,571)(52,575)(49,031)(44,910)(40,347)(35,354)(29,867) Interest Expense New PFA Loans (136,905)(267,889)(255,960)(243,851)(231,560)(219,085)(206,423) Interest Expense New Debt -(63,200)(115,118)(208,841)(324,752)(293,412)(343,841)(303,028) Total Non Operating Revenues (Expenses) Net Income (Loss) Before Transfeis Operating Transfers (51,118) 406,823 (216,233) 470,403 (391,937) 369,819 (466,032) 888,707 (561,577) 735,599 (533,947) 765,310 (561,669) 748,371 (519,513) 808,903 Transfers In - Transfers (Out)_ Total Operating Transfers Net Income (Loss) - 406,823 _ 470,403 - 369,819 . 888,707 735,599 - 765,310 . 748,371 - 808,903 Beginning Cash & hives tments 2,907,177 3,944,294 4,364,527 4,779,9525,193,578 3,137,173 3,661,143 1,980,585 Net Income 406,823 470,403 369,819 888,707735,599 765,310 748,371 808,903 Depreciation 735,294 974,775 1,227,077 1,316,385 1,465,0701,557,200 1,643,826 1,726,159 Amortization - Acquisition and Construction of Assets (10,707,000)(10,950,184)(2,620,483)(3,769,479)(2,537,949)(2,111,361)(2,088,304)(345,612) Proceeds from New Long-Term 1Debt 1,580,000 1,429,542 2,599,021 3,380,414 -2,075,575 _ Proceeds from PFA Loans 9,127,000 9,127,000 ---- Princiapl Payments on New Long-Tem)Delit (131,600)(255,932)(482,644)(783,507)(814,848)(1,020,318)(1,061,131) Principal Payments on New PFA Loans (394,704)(795,328)(807,258)(819,367)(831,658)(844,132)(856,794) Principal Payments on Existing Long-Tenn 13ebt (105,000)(105,000)(108,750)(112,500)(116,250)(116,250)(120,000)(123,750) Ending Cash Balance 3,944,294 4,364,527 4,779,9525,193,578 3,137,173 3,661,143 1,980,585 2,128,360 Minimum Cash Balance For ongoing operations 591,363725,187760,067 810,167 846,517881,890 916,601 931,017 For debt service 886,980 1,595,592 1,916,234 2,332,637 2,328,074 2,582,731 2,580,994 2,582,530 Minimum Cash Balance Required 1,478,3432,320,779 2,676,301 3,142,804 3,174,591 3,464,620 3,497,595 3,513,547, Springs ted Scenario 4 (continued) - G.O. Bonds Issued in 2014, 2015, 2016, 2017, 2019, & 2025 + PFA Loan Debt Projected Volume $ 3.46 $ 3.57 $ 3.69 $ 3.69 S 3.69 $ 3.69 $ 3.69 Projected Water Rate Adjustm ent Projected Change 2015-2028 3.25%3.25%3.25%0.00%0.00%0.00%0.00% 2022 2023 2024 2025 20262027 2028 Operating Revenues Water User Charges 0.00%5,157,1525,324,759 5,497,814 5,497,8145,497,814 5,497,814 5,497,814 Other Revenue __----- Total Operating Revenue 5,157,152 5,324,7595,497,814 5,497,8145,497,814 5,497,8145,497,814 Operating Expenses Personal Services 3.00%711,334 732,674754,654 777,294 800,613 824,631 849,370 Supplies 3.00%261,178 269,014 277,084 285,397293,959 302,777 311,861 Services 3.00%1,025,940 1,056,718 1,088,4201,121,0721,154,704 1,189,3451,225,026 Existing Depreciation 576,282 558,993542,224 525,957510,178 494,873 480,027 New Depreciation 1,149,335 1,159,280 1,180,571 1,295,827 1,423,327 1,442,414 1,445,577 Total Operating Expenses 3,724,069 3,776,679 3,842,953 4,005,547 4,182,781 4,254,041 4,311,861 Operating Income (Loss)1,433,082 1,548,080 1,654,861 1,492,2671,315,032 1,243,7731,185,953 Non Operating Revenues (Expenses) State or Federal Grants Interest Income 1.00%21,284 25,26928,128 13,366 22,854 28,043 38,998 , Interest Expense ExIsting Debt (23,903)(17,495)(10,736)(3,634)--- Interest Expense New PFA Loam (193,571)(180,527)(167,286)(153,847)(140,207)(126,362)(112,309) Interest Expense New Debt (260,583)(216,440)(170,531)(122,786)(182,924)(137,940)(103,975) Total Non Operating Revenues (Expenses) Net Income (Loss) Before Transfers Operating Transfers (456,774) 976,309 (389,192) 1,158,887 (320,425) 1,334,436 (266,901) 1,225,366 (300,277) 1,014,756 (236,259) 1,007,514 (177,286) 1,008,668 Transfers In Transfers (Out) ' Total Operating Transfers Net Income (Loss) - 976,309 - 1,158,887 - 1,334,436 - 1,225,366 - 1,014,756 - 1,007,514 - 1,008,668 Beginning Cash & Investments 2,128,360 2,526,913 2,812,847 1,336,650 2,285,356 2,804,298 3,899,847 Net Income 976,309 1,158,887 1,334,4361,225,366 1,014,756 1,007,5141,008,668 Depreciation 1,725,617 1,718,273 1,722,794 1,821,784 1,933,506 1,937,287 1,925,604 Amortization -.----- 1Acquisition and Construction of Assets (198,900)(425,816)(2,305,119)(2,550,012)(381,728)(63,269)(49,155) , Proceeds from New Long-Tenn Debt -.-2,550,012 _-_ , Proceeds from PFA Loans ------- Princiapl Payments on New Long-Term Det (1,103,576)(1,147,719)(1,193,628)(1,046,573)(1,124,580)(849,127)(466,318) Principal Payments on New PFA Loans (869,646)(882,691)(895,931)(909,370)(923,011)(936,856)(950,909) Principal Payments on Existing Long-Term f)ebt (131,250)(135,000)(138,750)(142,500)_-- Ending Cash Balance 2,526,9132,812,847 1,336,650 2,285,3562,804,2983,899,8475,367,736 Minimum Cash Balance For ongoing operations 944,170 960,738 1,001,387 1,045,695 1,063,510 1,077,965 1,092,876 For debt service 2,579,872 2,576,863 2,378,7112,370,721 2,050,285 1,633,511 1,633,511 Minimum Cash Balance Beguiled 3,524,042 3,537,601 3,380,0983,416,416 3,113,7952,711,4762,726,387 Amount Over (Under) Minimum (997,128) (724,754) (2,043,448) (1,131,060) (309,497) 1,188,371 2,641,349 Spr ingsied Cash = $13,614,564 Bonds = $15,213,558 Cash LI Debt Service In Scenario 4, the choice to use solely Pay-As-You-Go financing versus debt financing for even more of the larger capital projects in the 2014-2028 CIP, which we have assumed would be financed with G.O. Revenue Bonds, has potential interest cost savings which could exceed $1.6 million over a 20 year period. This is shown in the graph below. As the CIP evolves and actual expenses are realized, these figures will vary. Casa vs. Oeht FhanChtg9 (For Ilarger OP items 2014-2028) $4,000,000 $ 3 , 5 00,000 $ 3, 000,00 0 $2,500,0 00 $2,000,0 00 $1,500,000 $1,000,000 $500,000 $- S.Iffingsted Scenario 4 - Proposed Water Rates Water Rates, Fees and Charges Billed Onarterly Actual Proposed Proposed ProposedProposed Proposed 2014201520162017 2018 2019 Vleter Size Base Charge 3/8"$ 8.20 $ 9.84 $ 11.81 $ 14.17 $ • 14.63 $ 15.11 3/4"$ 8.20 $ 9.84 $ 11.81 $ 14.17 $ 14.63 $ 15.11 rrigation $ 8.20 $ 9.84 $ 11.81 $ 14.17 $ 14.63 $ 15.11 Volume charge (per 1,000 gallons) ) to 30,000 $ 1.36 $ 1.63 $ 1.96 $ 2.35 $ 2.43 $ 2.51 31,000 to 60,000 $ 1.70 $ 2.04 $ 2.45 $ 2.94 $ 3.04 $ 3.14 >61,000 $ 2.54 $ 3.05 $ 3.66 $ 4.39 $ 4.53 $ 4.68 4inimum Quarterly Charge $ 23.89 $ 28.67 $ 34.40 $ 41.28 $ 42.62 $ 44.01 1/2"$ 30.72 $ 36.86 $ 44.23 $ 53.08 $ 54.81 $ 56.59 $ 59.73 $ 71.68 $ 86.02 $ 103.22 $ 106.57 $ 110.03 $ 119.46 $ 143.35 $ 172.02 $ 206.42 $ 213.13 $ 220.06 $ 201.38 $ 241.66 $ 289.99 $ 347.99 $ 359.30 $ 370.98 $ 460.78 $ 552.94 $ 663.53 $ 796.24 $ 822.12 $ 848.84 $ 870.37 $ 1,044.44 $ 1,253.33 $ 1,504.00 $ 1,552.88 $ 1,603.35 0"$ 1,160.49 $ 1,392.59 $ 1,671.11 $ 2,005.33 $ 2,070.50 $ 2,137.79 'olume charge (per 1,000 gallons) ,11 use 1.70 $ 2.04 $ 2.45 $ 2.94 $ 3.04 $ 3.14 Scenario 4 - Various Residential Customers Average Quarterly Cost $200.00 $180.00 $160.00 $140.00 $120.00 $100.00 $80.00 $60.00 $20.00 $- 33% of Residential 67% of Residential 100% of Residential Customers Customers Customers $84.67 $87.53 F $53.51 $70.61 $58.74 - - $32 97 $34.07 $43.17 $51.77 _ _$49.001II[ [ 111 - -.- -1 11 ' $40.00 $19.08 $22.88 $27 .49 E - 1 ..92 „_$29.96 $35- 1.___ _ _ Low User (8 units/qtr) Typical User (16 units/qtr) Irrigation User (30 units/qtr) 11 2014 [1 2015 [2016 11 2017 Li 2018 Springsted $2,000 $1,500 $1,000 $500 s_ Scenario 4 - Various Commercial 33% of Customers Average 67% of Commercial Customers Quarterly Cost 100% of Commercial Customers Commercial Customers < $1,544$1,494 $1,036 $1,245 $864 $43 $51 $61 $74 $76 $160 $192 $230 $276 $286 1-- —1 ci=31-----1 1T1 Low User (11 units/qtr) Typical User (80 units/qtr) High User (494 units/qtr) p2014 02015 0 2016 0 2017 n 2018 Scenario 4 - Various Industrial Customers Average Quarterly Cost $3,000 $2,500 $2,000 $1,500 $1,000 $500 33% of Industrial Customers 67% of Industrial Customers 100% of Industrial Customers $1,965 $2 '031 $1,637 1— _ $1,147 $1,109 1,136 $1,364- $ $925 --- 1 $718 $742 $770 $599 I$499 --- --$41 , $642 — I A '— -$- Low User (126 units/qtr) Typical User (259 units/qtr) High User (550 units/qtr) n 2014 02015 0 2016 H2017 n 2018 Springsted Scenario 4 - Sample Water Bills SAMPLE QUARTERLY BILLS (excludes fire line charges) Volume (1,000 gals) 2014 Current 2015 Proposed 2016 Proposed 2017 Proposed 2018 Proposed 2019 Proposed Average Residential User 18 5 32.68 S 39.18 5 47.09 5 56.47 S 58.37 5 60.29 Quarterly Difference $ 6.50 $ 7.91 5 9.38 $ 1.90 $ 1.92 Annual Difference $ 26.00 5 31.64 5 37.52 5 7.60 $ 7.68 User 41 - Resident 5 $ 15.00 $ 17.99 5 21.61 5 25.92 5 26.78 S 27.66 Quarterly Difference $ 2.99 $ 3.62 5 4.31 $ 0.86 $ 0.88 Annual Difference $ 11.96 $ 14.48 5 17.24 $ 3.44 $ 3.52 User #2 - Resident 45 $ 74.50 S 89.34 5 107.36 5 128.77 S 133.13 $ 137.51 Quarterly Difference $ 14.84 5 18.02 $ 21.41 $ 4.36 $ 4.38 Annual Difference $ 59.36 5 72.08 $ 85.64 S 17.44 $ 17.52 User 43 - Apartments (12 units)125 5 212.50 S 255.00 5 306.25 5 367.50 5 380.00 5 392.50 Quarterly Difference $ 42.50 5 51.25 5 61.25 $ 12.50 5 12.50 Annual Difference $ 170.00 $ 205.00 $ 245.00 $ 50.00 $ 50.00 User #4 - Apartments (24 units)265 5 450.50 $ 540.60 5 649.25 5 779.10 5 805.60 5 832.10 Quarterly Difference 5 90.10 $ 108.65 $ 129.85 S 26.50 $ 26.50 Annual Difference $ 360.40 $ 434.60 $ 519.40 S 106.00 S 106.00 User N5 - Apartments (120 units)3,012 S 5,120.40 S 6,144.48 S 7,379.40 $ 8,855.28 S 9,156.48 S 9,457.68 Quarterly Difference $ 1,024.08 $ 1,234.92 $ 1,475.88 $ 301.20 5 301.20 Annual Difference 5 4,096.32 $ 4,939.68 $ 5,903.52 $ 1,204.80 $ 1,204.80 User #6 - Senior Living (97 units)299 5 516.50 5 619.80 5 744.36 $ 893.23 5 923.59 $ 953.97 Quarterly Difference $ 103.30 5 124.56 $ 148.87 5 30.36 $ 30.38 Annual Difference $ 413.20 $ 498.24 $ 595.48 $ 121.44 5 121.52 User #7 - Condo Owners Assn Inigation:26 $ 43.56 5 52.22 5 62.77 S 75.27 S 77.81 S 80.37 Potable:152 5 258.40 S 310.08 $ 372.40 S 446.88 $ 462.08 $ 477.28 Total:178 5 301.96 S 362.30 $ 435.17 $ 522.15 5 539.89 $ 557.65 Quarterly Difference $ 60.34 S 72.87 5 86.98 5 17.74 5 17.76 A nnual Difference $ 241.36 5 291.48 S 347.92 $ 70.96 $ 71.04 User ii8 - Commercial 28 $ 47.60 $ 57.12 $ 68.60 S 82.32 $ 85.12 S 87.92 Quarterly Difference $ 9.52 $ 11.48 $ 13.72 S 2.80 5 2.80 Annual Difference $ 38.08 5 45.92 5 54.88 $ 11.20 5 11.20 User #9 - Large Conunercial Irrigation:54 5 89.80 5 107.70 S 129.41 $ 155.23 5 160.49 $ 165.77 Potable:1,543 5 2,623.10 S 3,147.72 S 3,780.35 5 4,536.42 $ 4,690.72 5 4,845.02 Total:1,597 $ 2,712.90 $ 3,255.42 $ 3,909.76 $ 4,691.65 $ 4,851.21 $ 5,010.79 Quarterly Difference $ 542.52 $ 654.34 5 781.89 $ 159.56 5 159.58 Annual Difference $ 2,170.08 $ 2,617.36 $ 3,127.56 $ 638.24 $ 638.32 Use r #10 - Commercial Irrigation:1,549 5 3,882.06 5 4,661.39 S 5,593.85 $ 6,709.58 5 6,923.90 S 7,153.13 Potable:4,469 $ 7,597.30 5 9,116.76 5 10,949.05 S 13,138.86 5 13,585.76 5 14,032.66 Total:6,018 S 11,479.36 5 13,778.15 $ 16,542.90 $ 19,848.44 5 20,509.66 S 21,185.79 Quarterly Difference $ 2,298.79 5 2,764.75 5 3,305.54 S 661.22 5 676.13 Annual Difference $ 9,195.16 $ 11,059.00 5 13,222.16 $ 2,644.88 $ 2,704.52 Use r #11 -Cemetery 45 13.64 S 16.36 5 19.65 5 23.57 5 24.35 S 25.15 Quarterly Difference $ 2.72 5 3.29 S 3.92 S 0.78 $ 0.80 Annual Difference $ 10.88 $ 13.16 S 15.68 S 3.12 $ 3.20 User #12 - Church 265 52.40 5 62.88 S 75.51 $ 90.61 S 93.67 5 96.75 Quarterly Difference $ 10.48 5 12.63 5 15.10 5 3.06 $ 3.08 Annual Difference S 41.92 $ 50.52 .5 60.40 5 12.24 $ 12.32 User 513 - Medical Clinic 110 5 195.20 $ 234.24 5 281.31 $ 337.57 5 349.03 5 360.51 Quarterly Difference $ 39.04 $ 47.07 $ 56.26 $ 11.46 5 11.48 Annual Difference 5 156.16 $ 188.28 $ 225.04 S 45.84 S 45.92 User #14 - School Dis Piet 135 5 237.70 $ 285.24 $ 342.56 $ 411.07 5 425.03 $ 439.01 Quarterly Difference $ 47.54 $ 57.32 S 68.51 5 13.96 $ 13.98 Annual Difference $ 190.16 $ 229.28 S 274.04 5 55.84 5 55.92 Sprin sted Work Session Agenda Item No 3 MEMORANDUM - COUNCIL WO SESSION DATE: April 8, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer I f SUBJECT: Water Treatment Plant Tour Feedback Recommendation: It is recommended that the City Council provide feedback to staff regarding the City of Andover's water treatment plant tour. Background: On March 12, 2014, the Brooklyn Center City Council toured the City of Andover's water treatment plant as part of a component of the preliminary design of Brooklyn Center's water treatment plant. Andover's plant was chosen as it is similar in concept layout and treatment processes that are planned to be used in Brooklyn Center's plant. The tour focused on introducing the key components of the water treatment plant and demonstrating the different elements in the plant that are used to control, filter and treat the water. During the tour, it was demonstrated how the raw water enters into the plant, flows through the different plant components, then eventually is pumped into the distribution system and to the water towers that provide drinking water to the community. The goal of the tour was to help the Council understand the basics of a water treatment plant that will be used to help establish and determine certain design criteria for Brooklyn Center's plant. The technical components of the plant have been established and are currently being designed by the engineers. However, other elements (e.g. building architecture, rooms, layout of the rooms, interior design, garage, etc.) can vary greatly. Attached are a preliminary draft of the site plan and building layout including several architectural building elevation renderings. Based on observations from the Andover plant and the attached exhibits, staff desires to gauge the Council's support pertaining to direction of these "other elements" for Brooklyn Center's water treatment plant design. Policy Issues: Does the City Council support the general design elements of the water treatment plant as depicted in the attached exhibits? Strategic Priorities: • Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust SITE LAYOUT BROOKLYN CENTER, MINNESOTA WATER TREATMENT FACILITIES /IA 13 C.) L_-re) NI .S.. M E N 1-6, I N C. Consulting Engineers & Surveyors 00801410, MN FAmmcffr. Bri sum,' Os. WI VANS111.1.E. WI hILLIAR, NM CHASM, IN R.:EY, WI 10.PLEMX0, 140 (AMR, 1411 1200103ER. 001 AYES, 0 9,Z4CUI. 04N'KEIR 8C1■1\11121,1n01:1K.317'\11)7Rg40'102_Council.d rig 4/8/14 3:27 pm FIGURE 1 *0 = TREES 0 _ "0 5-1.7 01-.12 ;.; r7 -7777 ▪% (9; • ry%* * V * J• * .14, + C) * 41. BACKWASH TANKS (TOP KIEV -3' ABOVE GRADE)FILTER PIPE SALLERY FILTER 3 FILTER? FILTER 1 to o AIR COMP O 000000 o 1.541G R8ERVOIR ° (TOP ELEVI ABOVE GRADE) 0000000 0 • 0 PUMP PDOM O 000000 no 0 9 LEGEND -B612 CONCRETE CURB & GUTTER -B612 CONCRETE CURB & GUTTER (GUTTER OUT) = BITUMINOUS PAVEMENT = CONCRETE WALK/PAVEMENT = THICKENED EDGE CONCRETE WALK = TRUNCATED DOMES = RETAINING WALL = 6 CHAIN LINK FENCE = 6' METAL RAIL FENCE WITH PILLARS = DECORATIVE FENCE PILLAR LOCATION = 6' WIDE GATE =FILTRATION/RAIN GARDEN AREA CD =RAIN GARDEN APPROXIMATE BOTTOM FOOTPRINT =TREE PRESERVATION AREA - "It2Vritrifillarilrr _ad" Tv-volitswitm ,`", • ,