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2014 05-27 CCP Regular Session
AGENDA CITY COUNCIL STUDY SESSION May 27, 2014 (Tuesday) 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 a.Surly Request for Sunday Taproom Sales b.Request for Single Cigar Sale Moratorium 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn COUNCIL ITEM MEMORANDUM DATE: May 21, 2014 TO: City Council FROM: Curt Boganey, City Mana SUBJECT: Miscellaneous Items Recommendation: It is recommended that the City Council provide direction regarding the following: •Should staff prepare an ordinance amendment to allow Sunday On-Sale Intoxicating Liquor at a tap room in accordance with the new State Law approved as S.F. No 2336 approved by the Governor on 05/13/14. This Statute states a taproom may be open and may conduct on-sale business on Sundays if authorized by the municipality. Currently the City ordinance restricts Sunday On-Sale to an establishment that holds an On-Sale ....license and that serves Liquor only in conjunction with the service of food. •Does the City Council wish to consider the establishment of a moratorium on the implementation of the Tobacco Licensing ordinance section that restricts the sale of single cigars as requested at the last Open Forum? Background: We have received a written request on behalf of Surly Brewing Company to allow Sunday On- Sale of beer from their taproom. Recently approved State Law authorizes this expansion of service. To accommodate this request an ordnance amendment is required. At the most recent City Council Open Forum several individuals addressed the City Council expressing concern about the limitation on the sale of single cigars. They requested an opportunity to provide feedback from retailers and to delay implementation for six weeks. The ordinance as adopted is scheduled to take effect on June 7 th 2014. Budget Issues: There are no budget issues to consider. Mission: Ensuri dive, clean, safe, inclusive community that enhances the quality , of life pr all people and preserves the public trust 5/19/2014 Linda Haug Surly Brewing Company 4811 Dusharme Drive Brooklyn Center, MN 55410 Curt Boganey 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 Dear Mr. Boganey and members of the City Council, In light of the recent change in state law allowing taprooms to be open for business on Sundays we would like to ask you to consider changing Brooklyn Center city code to allow us to do so. Sharon Knutson pointed out that current city code would not allow Surly's taproom to be open since we do not have a restaurant on site. Current city codes states: Sunday On-Sale Intoxicating Liquor License. This license may be issued only to an establishment that holds an On-Sale Intoxicating Liquor License and that serves Liquor only in conjunction with the service of food. If there is any additional information needed or questions, please to do hesitate to contact me. Thank you for your time and consideration. Sincerely, Linda Haug Restaurant Operations Director Surly Brewing Company 2013 Tobacco Sales to minors statistics Business with compliance check failures Business Location Date Product Age of Employee BP 6044 Brooklyn Blvd 4/5/2013 Cigarettes 35 CVS 5801 Brooklyn Blvd 4/5/2013 Cigarettes 21 SuperAmerica 6950 Brooklyn Blvd 8/20/2013 Cigarettes 43 Shell Station 6849 Brooklyn Blvd 8/20/2013 Cigarettes 31 Walgreens 6390 Brooklyn Blvd 8/20/2013 Cigarettes 21 Royal Tobacco 5625 Xerxes Ave N 8/20/2013 Cigarettes 49 Quick Stop 5808 Xerxes Ave N 8/20/2013 Cigarettes 23 Walmart 1200 Shingle Creek Crossing 12/10/2013 Chewing Tobacco 24 Regal Foods 615 66th Avenue N 12/10/2013 Cigarettes 35 Holiday 5710 Xerxes Avenue N 12/10/2013 Chewing Tobacco 42 Total failures: 10 Repeat locations: None Repeat Offenders: None Average age of offender: 32.4 CITY COUNCIL MEETING City of Brooklyn Center May 27, 2014 (Tuesday) 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.May 12,2014 — Study Session 2.May 12,2014 — Regular Session 3.May 12,2014 — Work Session 4.May 12,2014 — Executive Session b. Licenses 7. Presentations/Proclamations/Recognitions/Donations a.Resolution Expressing Recognition and Appreciation of Jeannine Pfann for Over 17 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: —Motion to adopt resolution. b.Resolution Expressing Recognition and Appreciation of Peggy Lynn for Her Dedicated Public Service on the Housing Commission Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -2- May 27, 2014 8.Public Hearings —None. 9.Planning Commission Items a. Planning Commission Application No. 2014-004 Submitted by Gatlin Development Company Requesting Approval for Preliminary Plat of Shingle Creek Crossing 5th Addition. The Planning Commission recommended approval of this application at its May 15, 2014, meeting. 1. Resolution Regarding the Disposition of Planning Commission Application No. 2014-004 Submitted by Gatlin Development Company Requesting Approval for Preliminary Plat of Shingle Creek Crossing 5th Addition Requested Council Action: —Motion to adopt resolution. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental License for 6800 Dupont 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. b. Consideration of Type IV 6-Month Provisional Rental License for 6937 Unity 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. 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 MAY 12, 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, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Police Commander Tim Gannon, Assistant City Manager/Director of Building and Community Standards Vickie Schlenning, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Myszkowski requested the following correction to the April 28, 2014, Study Session minutes: Page 2, last line: Replace "June 6 and 7, 2014" with "May 6 and 7, 2014" Councilmember Lawrence-Anderson requested the following correction to the April 28, 2014, Study Session minutes: Page 2, third paragraph: Replace "Holiday" with "Holliday" It was the majority consensus of the City Council to accept the corrections to the April 28, 2014, Study Session minutes. MISCELLANEOUS Bus Shelters Councilmember Kleven presented a photo depicting a public bus shelter in Montreal, Canada, with an adult-size swing. She added it would be great if the City of Brooklyn Center could have a bus shelter with a swing. Councilmember Myszkowski stated it could be a possibility. Councilmember Ryan stated, with regard to bus shelters, a recent newspaper article reviewed the Met Council's public hearings on the poor condition and limited number of bus stops and related 05/12/14 -1- 0 DRAFT amenities in the North Minneapolis area. He added this is an important issue that should be considered as Brooklyn Center continues to look at ways to renew Brooklyn Boulevard. May 1, 2014, Draft Letter to Tobacco Retailers Councilmember Ryan commended City staff for a draft letter related to the new tobacco related products ordinance. He added the letter expressed the City Council's essential motives and actions with regard to this issue. Mr. Boganey stated the letter was drafted by Police Chief Kevin Benner, who has stressed the importance of providing specific information to local retailers so that they understand the motives of the ordinance and will cooperate with its directives. Councilmember Ryan commended Chief Benner for his foresight and diligence. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS MINNEAPOLIS NORTHWEST CONVENTION & VISITORS BUREAU Mr. Boganey introduced David Looby, Executive Director for the Minneapolis Northwest Convention and Visitors Bureau (CVB). He invited Mr. Looby to address the City Council. Mr. Looby presented information on the CVB and discussed its recent activities, including publication of the 2014 Visitor's Guide, changes and updates to the website, and plans for future publications. He added the CVB produces a facilities guide to assist in the planning of meetings and events, as well as a promotional coupon booklet featuring deals and discounts at local businesses. He noted the CVB is classified as a "destination marketing organization", representing the cities of Brooklyn Center, Brooklyn Park, and Maple Grove. Mr. Looby stated the CVB's mission is to attract visitors and produce economic impact. He added the CVB has historically been hotel-driven, as it has been funded by a local lodging tax. He added the CVB works closely with City staff to improve access to information and services through a "Visitors" link on the City's website. Ms. Schleuning stated there is also a link to CVB publications, making it easy for visitors to find the information they need when planning a visit to Brooklyn Center. Councilmember Kleven asked how the CVB distributes its materials to potential visitors. Mr. Looby stated the information is available online and hard copies are available upon request. He added CVB publications are distributed at consumer shows throughout Minnesota as well as neighboring states. Councilmember Myszkowski thanked Mr. Looby on behalf of the Earle Brown Days Committee for the CVB's event support. Discussion of this item continued and reached conclusion at the May 12, 2014 Work Session. 05/12/14 -2- 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 6:58 p.m. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:59 p.m. 05/12/14 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 12, 2014 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers 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, Planning and Zoning Specialist Tim Benetti, 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. Tom Briant, 15560 Boulder Pointe Road, Eden Prairie, stated he is Executive Director of the National Association of Tobacco Outlets (NATO) which represents stores and retailers that sell tobacco products. He added he submitted a letter to the City Council, dated April 28, 2014, in opposition to the City's proposed ordinance regarding sales of tobacco related products, and specifically, the language related to cigars. He requested the City Council's reconsideration of that section of the ordinance, and that input from the retail community should be obtained before the final ordinance is approved. Mr. Briant stated the proposed ordinance's restriction on the sales of cigars will result in substantial financial impact for local retailers, as Brooklyn Center residents will travel to nearby cities to purchase cigars. He requested that approval be delayed for six weeks to allow local retailers to provide feedback and comments on the proposed ordinance. Steven Rush, 4567 American Boulevard West, Bloomington, stated he is Director of Government Relations for Holiday Stationstores, and represents the local Holiday Stationstore at 420 66 th Avenue North in Brooklyn Center. He expressed his organization's disappointment that they have not been given an opportunity to understand the public policy behind it. He added 75% of cigar sales at their stores will be lost, and he supports Mr. Briant's request for a postponement. 05/12/14 -1- DRAFT Diane Olson, 2712 O'Henry Road, Brooklyn Center, expressed opposition to a rental license renewal for 2701 O'Henry Road, which is on the agenda for approval by the City Council. She added she has spoken about this rental property at previous City Council meetings. She noted she and her neighbors are requesting that the rental license for this property be denied due to police action at the property, which is currently still under investigation, as well as safety concerns for the neighborhood including a day care with small children next door to the property. Mike Wazwaz, Royal Tobacco, 5625 Xerxes Avenue N, Brooklyn Center, expressed opposition to the proposed ordinance related to sale of tobacco products. He presented packs of cigars that he would not be allowed to sell if the ordinance is passed. Mayor Willson asked whether the cigars are flavored, and how much they cost. Mr. Wazwaz confirmed that some of the cigars have flavors, adding there are 60 or 70 different kinds of cigars that he will be unable to sell. He added the cheapest cigar is 99 cents. Councilmember Ryan asked for Royal Tobacco's annual gross sales, and what percentage of the total sales is attributed to cigars. Mr. Wazwaz stated gross sales are around $3 million, with cigars making up 15-20% of the total sales. It was the majority consensus of the City Council to close the Informal Open Forum at 6:45 p.m. 2.INVOCATION Councilmember Myszkowski read a quote from 19 th century German theologian Albert Schweitzer, followed by a moment of silence and reflection: "There is no higher religion than human service. To work for the common good is the highest creed." 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, 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 05/12/14 -2- DRAFT Councilmember Ryan stated concerns had been raised by a resident during the Informal Open Forum regarding a rental license. He requested that Item 6b, pertaining to Rental Licenses, should be moved to the Consent Agenda for further discussion. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session minutes of April 28, 2014, and considering Rental Licenses as Item 10g, the following consent items were approved: 6a. APPROVAL OF MINUTES 1.April 28, 2014— Study Session 2.April 28, 2014 —Regular Session 3.April 28, 2014 — Work Session 4.May 5, 2014 — Continued Board of Appeal and Equalization 6b. LICENSES MECHANICAL Candor Companies, Inc. Gilbert Mechanical Louis Degidio Services, Inc. Seasonal Heating & A/C Southtown Refrigeration, Inc. St. Paul Plumbing and Heating 8919 176 th Avenue NE, Forest Lake 4451 W 76 th Street, Edina 21033 Heron Way, Lakeville 8565 80 th Street N, Stillwater 6325 Welcome Avenue N, Brooklyn Park 640 Grand Avenue, St. Paul RENTAL This item is considered as Council Consideration Item 10g. SIGNHANGER Leroy Signs, Inc. 6325 Welcome Avenue N, Brooklyn Park 6c. RESOLUTION NO. 2014-58 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2014-01, 02, 03 AND 04, WANGSTAD AREA STREET AND UTILITY IMPROVEMENTS Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2014-59 RECOGNIZING MAY 11 THROUGH MAY 17, 2014, AS POLICE WEEK AND MAY 15, 2014, AS POLICE OFFICERS MEMORIAL DAY Mayor Willson read in full a Resolution recognizing May 15, 2014 as Peace Officers Memorial Day; and the week of May 11 through May 17, 2014, as Police Week. 05/12/14 -3- DRAFT Mayor Willson asked whether a schedule is available for the memorial at the State Capital, and whether a Brooklyn Center officer will be participating. He added he would like to visit the memorial, as he has done for years, but would like to do so when an officer from Brooklyn Center is there. Police Commander Tim Gannon stated a schedule should be available in the next few days. He added Sergeant Garrett Flesland has participated in this event for many years, and he initiates the process on behalf of Brooklyn Center. Commander Gannon agreed to provide the schedule to the City Council when it is available. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-59, Recognizing May 11 through May 17, 2014, as Police Week and May 15, 2014, as Police Officers Memorial Day. Motion passed unanimously. 8.PUBLIC HEARINGS —None. 9.PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2014-001 SUBMITTED BY THE CITY OF BROOKLYN CENTER. REQUEST FOR REZONING FROM R-4 (MULTIPLE FAMILY RESIDENCE) TO R-1 (ONE FAMILY RESIDENCE) FOR THE PROPERTY ADDRESSED 7100 CAMDEN AVENUE NORTH Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2014-001 and advised the Planning Commission recommended approval of the application at its May 1, 2014, meeting. Councilmember Lawrence-Anderson asked whether there will be room for buses to turn around on the site. She added there will be many school trips to the facility. Mr. Benetti stated a school bus could pull into the parking area and turn around. Public Works Director/City Engineer Steve Lillehaug stated the site plan has been designed so that there will be enough space for a bus to turn around in the parking area. He added there is also sufficient street parking at this location to accommodate multiple buses. 1. RESOLUTION NO. 2014-60 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-001 SUBMITTED BY THE CITY OF BROOKLYN CENTER TO REZONE PROPERTIES FROM R-4 (MULTIPLE FAMILY RESIDENCE) TO R-1 (ONE FAMILY RESIDENCE) DISTRICT (PROPERTY LOCATED AT 7100 CAMDEN AVENUE NORTH) 05/12/14 -4- DRAFT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-60 Regarding the Disposition of Planning Commission Application No. 2014-001 Submitted by the City of Brooklyn Center to Rezone Properties from R-4 (Multiple Family Residence) to R-1 (One Family Residence) District (Property Located At 7100 Camden Avenue North). Motion passed unanimously. 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (7100 CAMDEN AVENUE NORTH) Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve first reading of an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (7100 Camden Avenue North), and to set second reading and Public Hearing for June 9, 2014. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2014-002 SUBMITTED BY THE CITY OF BROOKLYN CENTER. REQUEST FOR A SPECIAL USE PERMIT TO ALLOW FOR A PUBLICLY-OWNED STRUCTURE AND A NON- COMMERCIAL USE REQUIRED FOR THE PUBLIC WELFARE (A NEW MUNICIPAL WATER TREATMENT FACILITY) IN THE NEWLY PROPOSED R1 ZONE Mr. Benetti provided an overview of Planning Commission Application No. 2014-002 and advised the Planning Commission recommended approval of the application at its May 1, 2014, meeting. 1. RESOLUTION NO. 2014-61 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-002 SUBMITTED BY THE CITY OF BROOKLYN CENTER, MINNESOTA, FOR SPECIAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A NEW 27,000 SQ. FT. WATER TREATMENT AND PRODUCTION FACILITY IN THE R-1 (ONE FAMILY RESIDENCE) ZONING DISTRICT, LOCATED AT 7100 CAMDEN AVENUE NORTH Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-61 Regarding the Disposition of Planning Commission Application No. 2014-002 Submitted by the City of Brooklyn Center, Minnesota, for Special Use Permit to Allow the Construction of a New 27,000 Sq. Ft. Water Treatment and Production Facility in the R-1 (One Family Residence) Zoning District, Located at 7100 Camden Avenue North. Motion passed unanimously. 05/12/14 -5- DRAFT 9c.PLANNING COMMISSION APPLICATION NO. 2014-003 SUBMITTED BY THE CITY OF BROOKLYN CENTER. REQUEST FOR CONSIDERATION OF A SITE PLAN FOR THE CITY'S NEW MUNICIPAL WATER TREATMENT PLANT Mr. Benetti provided an overview of Planning Commission Application No. 2014-003 and advised the Planning Commission recommended approval of the application at its May 1, 2014, meeting. 1. RESOLUTION NO. 2014-62 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-003 SUBMITTED BY THE CITY OF BROOKLYN CENTER FOR SITE AND BUILDING PLAN APPROVAL OF A NEW 27,000 SQ. FT. WATER TREATMENT AND PRODUCTION FACILITY LOCATED AT 7100 CAMDEN AVENUE NORTH Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-62 Regarding the Disposition of Planning Commission Application No. 2014-003 Submitted by the City of Brooklyn Center for Site and Building Plan Approval of a New 27,000 Sq. Ft. Water Treatment and Production Facility Located at 7100 Camden Avenue North. Motion passed unanimously. Mayor Willson requested an update on the design and implementation of a tank to capture rain water that would be used on site. Mr. Lillehaug stated that idea is still being considered, and further plans and specifications will be presented to the City Council prior to final approval. 9d.PLANNING COMMISSION APPLICATION NO. 2013-020 SUBMITTED BY THE GATLIN DEVELOPMENT COMPANY. REQUEST FOR CONSIDERATION OF A MINOR AMENDMENT TO THE APPROVED SITE PLAN FOR THE FORMER BROOKDALE MALL FOOD COURT AREA, LOCATED AT 1300 SHINGLE CREEK CROSSING, TO ALLOW THE CONSTRUCTION OF BUILDING NO. 8 OF SAID PLANS Mr. Benetti provided an overview of Planning Commission Application No. 2014-020 and advised the Planning Commission recommended approval of the application at its May 1, 2014, meeting. Councilmember Myszkowski requested clarification regarding the proposed landscape berm. Mr. Benetti stated the berm proposed by the developer was to be built in lieu of completing Buildings 8, 9 and 10, and was not intended to be a permanent feature of the site plan. Buildings 8, 9 and 10 were scheduled to be completed sometime in the near future; and the berm would serve as a short-term screen for the loading dock areas. Councilmember Myszkowski stated she likes the inclusion of the berm as it adds to the amount of green space in the plan. She added the site plan includes a specific amount of green space as required by the approved application. Mr. 05/12/14 -6- DRAFT Benetti confirmed there will be some greenspace and landscaping along the perimeters of the new buildings and landscaping within the parking islands. Councilmember Ryan asked whether the built-out walls for Buildings 9 and 10 will be permanent. Mr. Benetti responded affirmatively, noting these partial walls will be used for screening until construction is complete. He added the open areas between the partially built rear walls and the front parking areas (basically the interior footprints of the buildings) can be softened with landscaping, and these plantings may be easily transplanted once the buildings are constructed out. Mayor Willson stated many residents have commented on the demolition of the food court, and there are many questions regarding what will happen there. He requested that City staff provide regular updates on the developer's progress. Mr. Benetti agreed. 1. RESOLUTION NO. 2014-63 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-020 SUBMITTED BY THE GATLIN DEVELOPMENT COMPANY FOR APPROVAL OF A MINOR AMENDMENT TO THE APPROVED SITE PLAN FOR THE FORMER BROOKDALE MALL FOOD COURT AREA, TO ALLOW THE CONSTRUCTION OF BUILDING NO. 8 OF THE APPROVED SITE PLANS, LOCATED AT 1300 SHINGLE CREEK CROSSING Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2014-63 Regarding the Disposition of Planning Commission Application No. 2013-020 Submitted by the Gatlin Development Company for Approval of a Minor Amendment to the Approved Site Plan for the Former Brookdale Mall Food Court Area, to Allow the Construction of Building No. 8 of the Approved Site Plans, Located At 1300 Shingle Creek Crossing. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a.MAYORAL APPOINTMENT OF MEMBER TO SERVE ON PLANNING COMMISSION Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to ratify the Mayoral nomination of Ms. Katy Harstad, 2912 Mumford Road, to serve on the Planning Commission, with term to expire December 31, 2014. Motion passed unanimously. Mayor Willson stated there is currently an opening on the Housing Commission, and interested citizens should obtain an application foim from City Hall, or on the City website. 10b.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE 05/12/14 -7- DRAFT FOR 6601 CAMDEN DRIVE 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 Lawrence-Anderson moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6601 Camden Drive, 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 5755 HUMBOLDT 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 Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5755 Humboldt 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. 10d.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5949 XERXES 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 Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5949 Xerxes 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. 10e. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5820 LOGAN 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 05/12/14 -8- DRAFT motion. Councilmember Kleven moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5820 Logan 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. 101. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6812 SCOTT 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 Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6812 Scott 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. 10g. RENTAL LICENSES (Consent Agenda Item 6b) Mayor Willson requested Councilmember Ryan's comments on this item. Councilmember Ryan stated the City Council had heard from a citizen during the Informal Open Forum who has raised objections to granting a rental license renewal for 2701 O'Henry Road. He requested that City staff provide a report on the property for the City Council's review. He recommended that the license renewal in question be removed from the list of licenses pending further review. Mr. Boganey stated he and Ms. Schleuning have sufficient information to provide a review of the license renewal. He added the property owner has met with City staff and is working with the City to improve the property and address issues that have been brought forward by concerned neighbors. He noted the rental property is currently vacant. Mr. Boganey stated City staff applies the Ordinance as written, which allows for a single-family property to qualify for a Type II license if there are 1-4 property code violations, as determined by initial inspection, and 0-1 police or nuisance calls. He added, in this case, there were two property code violations and one police call during the 12-month period. Mayor Willson stated there does not seem to be any reason to remove this license from the list or wait for an additional report. Councilmember Ryan agreed. City Attorney Charlie LeFevere concurred, adding there is no guarantee that neighbors will get along in any case, and the City is bound to enforce its regulations consistently and fairly. 05/12/14 -9- DRAFT Ms. Schleuning stated the City imposes consequences for violations, and the property owner is moving forward with obtaining more responsible tenants. She added City staff makes recommendations based on the ordinance language. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the following Rental Licenses: RENTAL INITIAL (TYPE II — two-year license) 2113 55 th Avenue N 2925 69 th Lane N 7119 Halifax Avenue N 7225 Major Avenue N Invitation Homes Svetlana Tsurkan Jami Stromberg Kin Chew RENEWAL (TYPE III— one-year license) 4703 68" Avenue N Bernard McDonough 5025 Drew Avenue N Ryan Ferguson Did not meet plan requirements; missing CPTED 7018 France Avenue N Gary Brummer 6777 Humboldt Avenue N Andrey Ryvlin Did not meet plan requirements; missing CPTED 5518 Irving Avenue N Tsongna Yang Did not meet plan requirements; missing CPTED RENEWAL (TYPE II— two-year license) 7200 Camden Avenue N Evergreen Park Manor 5000 France Avenue N 5601 Lyndale Avenue N 3612 55 th Avenue N 2928 67 th Lane N 5819 Knox Avenue N Passed w/Weather Deferral 4724 Lakeview Avenue 3019 Mumford Road 2701 O'Henry Road 5307 Penn Avenue N 6912 Unity Avenue N 4900 Zenith Avenue N RENEWAL (TYPE I— three-year license) 6101-11-13 Beard Avenue N 5547 Lyndale Avenue N 5317 721x1 Circle 6117 Beard Avenue N• 6330 Kyle Avenue N Sean Bannerman Dean Gannon Dragon Property Mgmt Lutheran Social Service of MN Benjamin/Nicole Tramm Gary Brummer Rebecca Hernandez Morris Matthews Sherman Kho Ben Dossman IV Geri Williams Invitation Homes James and Bobbie Simons Dragon Property Mgmt Alkis Michaelides Cynthia Douglas Nicholas Smith 05/12/14 -10- DRAFT 4104 Lakeside Avenue Mindy Mazzuco 4201 Lakeside Avenue #106 Warsono Widj aj a 5836 York Avenue N Courtney Tran Motion passed unanimously. II. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: o April 29, 2014, planning meeting for Crime Prevention Book Sale Fundraiser •May 1, 2014, interview with TV Channel 12 to be included in a news feature regarding the City's new tobacco licensing ordinance •May 1, 2014, Lions Club meeting, presented "State of the City" in the absence of Mayor Willson •May 5, 2014, Board of Appeal and Equalization Reconvene o May 8, 2014, Association for Responsible Management (ARM) meeting •May 16, 2014, 17th Annual Crime Prevention Association Fundraiser Golf Tournament at Centerbrook Golf Course •May 20, 2014, Southeast Area Neighborhood Meeting from 6:00-7:30 p.m. hosted by City Council and City staff (first of four planned neighborhood meetings) Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: •April 29, 2014, planning meeting for Crime Prevention Book Sale Fundraiser (September 12- 13, 2014) •May 3, 2014, Brooklyn Center Prayer Breakfast with Keynote Speaker Reverend Rachel Morey •May 5, 2014, Board of Appeal and Equalization Reconvene •May 7, 2014, Crime Prevention Association meeting •May 8, 2014, Robbinsdale Area Schools Recognition Breakfast, featuring Keynote Speaker Robert Berdahl, local actor and Cooper High School alumni o May 10, 2014, Medtronic Wallin Scholars Program scholarships awarded to. 10 local students, including Nastya Popova, Brooklyn Center High School, and Amy Yang, Park Center High School •Pearle Vision Center, 5515 Xerxes Avenue North, is open for business during renovation •August 1, 2014, North Memorial Medical Clinic will relocate to their new facility near the Army Recruiting Center Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: •May 5, 2014, Board of Appeal and Equalization Reconvene •May 9, 2014, Sister City Voinjama, Liberia, meeting with Mayor Willson, Mr. Boganey and Reverend Alexander Collins •May 21, 2013, Highway 252 Study Open House at 5:30 p.m. in City Hall Council Chambers 05/12/14 -11- DRAFT •May 27, 2014, next Regular City Council meeting at 7:00 p.m. (Tuesday after Memorial Day) •June 26, 2014, Earle Brown Days begins with parade on Dupont Avenue North (59 th Avenue to 69 th Avenue) Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: o May 5, 2014, discussion with Advanced Civics class at Brooklyn Center High School •May 5, 2014, Brooklyn Center Business Association Board Meeting — accepted $1,500 check for High School score board. Thanks to Rotary and Lions Clubs for their contributions •May 5, 2014, Conclusion of Local Board of Appeal and Equalization •May 15, 2014, start of FBI Citizens Academy •May 16, 2014, 17 th Annual Crime Prevention Association Fundraiser Golf Tournament at Centerbrook Golf Course Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: •April 30, 2014, met with Abdullah Kiatamba, African Immigrant Services •May 1, 2014, discussion with Civics Class at Brooklyn Center High School •May 3, 2014, Brooklyn Center Prayer Breakfast •May 5, 2014, Board of Appeal and Equalization Reconvene •May 7, 2014, Lioness Club meeting, presented "State of the City" •Recently received an update from local artist Jimmy Longoria — working on a mural on the Highway 100 sound barrier behind Earle Brown Elementary School •May 9, 2014, Sister City Voinjama, Liberia; meeting with Mayor Willson, Mr. Boganey and Reverend Alexander Collins o Encouraged residents to consider serving on the Brooklyn Center Housing Commission — applications are available at City Hall and on the City website 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Kleven seconded adjournment of the City Council meeting at 8:23 p.m. Motion passed unanimously. 05/12/14 -12- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION MAY 12, 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 9:24 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, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. MINNEAPOLIS NORTHWEST CONVENTION & VISITORS BUREAU (Continued from Study Session) Councilmember/Commissioner Lawrence-Anderson asked whether the Official Visitor's Guide could be included in the Housing Commission's welcome bags. Councilmember/Commissioner Kleven stated that she is the City Council Liaison to the Housing Commission. She asked whether it would be possible to obtain copies of the Visitor's Guide and area maps for welcome bags. Ms. Schleuning confirmed this. Councilmember/Commissioner Lawrence-Anderson stressed the importance of emphasizing the community's proximity to the numerous events and amenities that are available in the Twin Cities area. Councilmember/Commissioner Kleven asked whether the 3% lodging tax is comparable to other cities. Mr. Looby confirmed this, adding each city can decide how much of a tax percentage they wish to charge, up to 3%. Councilmember/Commissioner Kleven asked how the CVB decides which coupons to include in the Deals & Discounts booklet. She noted there are fewer Brooklyn Center hotels and restaurants with coupons than the other two cities. Mr. Looby stated a request is sent out to a comprehensive list and coupons are included for those businesses from whom a response is received. He added the businesses do not pay to have their coupon included in the Deals & Discounts booklet. Councilmember/Commissioner Kleven asked whether the CVB has brought conventions to Brooklyn Center in the past. Mr. Looby stated the CVB has been instrumental in bringing many conventions to Brooklyn Center in the past. He added the CVB will host a national convention for a bus touring company called TAP at the Boulevard Hotel in Brooklyn Center in 2015. 05/12/14 -1- DRAFT Councilmember/Commissioner Kleven noted that the CVB has less member cities than it did a few years ago. Mr. Looby confirmed this, adding there were 11 cities in the CVB at one time. He added many cities do not have a Visitors Bureau, so they do not collect a lodging tax. Councilmember/Commissioner Lawrence-Anderson stated the CVB's link on the City website could include a notice regarding inclusion in the Visitor's Guide. She added that might generate some interest in the CVB from local businesses in the CVB. Councilmember/Commissioner Myszkowski asked whether there are ways that the City Council can help the CVB in its efforts to promote the community. She added the City Council is sensitive about the City's image, which has had a significant boost in recent years. She noted the biggest advantage of Brooklyn Center is easy access to the greater metropolitan area. Mr. Looby stated one thing the City Council can do is to help promote the CVB and its mission to the area's schools, which are often reluctant to host events and tournaments. Councilmember/Commissioner Kleven stated the City will have a beautiful new amphitheater next year, which could be used for events. Mr. Looby agreed, adding its image could be showcased on the cover of the 2015 Visitor's Guide. Councilmember/Commissioner Kleven thanked Mr. Looby for his presentation. She added she learned a lot about the Convention and Visitors Bureau. ADJOURNMENT Councilmember/Commissioner Myszkowski moved and Councilmember/Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 9:46 p.m. Motion passed unanimously. 05/12/14 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA CLOSED EXECUTIVE SESSION MAY 12, 2014 CITY HALL — SHINGLE CREEK CONFERENCE ROOM 1.CALL TO ORDER The Brooklyn Center City Council met in Closed Executive Session called to order by Mayor Tim Willson at 8:47 p.m. It was noted that under the exceptions to the Open Meeting law, the City Council may meet in Closed Executive Session under the attorney-client privilege to discuss pending litigation regarding North Valley, Inc. [Minn. Stat. § 13D.05, subd. 3 (b)]. 2.ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. 3.DISCUSS PENDING LITIGATION REGARDING NORTH VALLEY, INC. Following presentation by Jason Kuboushek—Iverson Reuvers Condon, and Darin Richardson— League of Minnesota Cities Insurance Trust (LMCIT), the City Council discussed options available to the City following the jury's verdict. 4.ADJOURNMENT Mayor Willson declared the City Council Closed Executive Session adjourned at 9:22 p.m. 05/12/14 -1- DRAFT City Council Agenda tern No. 6b COUNCIL ITEM MEMORANDUM DATE: May 21, 2014 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City ClerIL0 SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on May 27, 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. AMUSEMENT DEVICES American Amusement Arcades 5937 Summit Dr 6440 James Cir N MECHANCIAL Dean's Professional Plumbing General Heating & Air Conditioning Heating & Cooling Design Liberty Comfort Systems Noah Acquisitions/Ben Franklin Plumbing Plumb Right United Heating and A/C Yale Mechanical RENTAL See attached report. 7400 Kirkwood Court N, Maple Grove 11081 Chaparral Avenue, Shakopee 1830 Able Street NE, Blaine 627 E River Road, Anoka 1424 3 rd Street N, Minneapolis 1216 82 nd Avenue N, Brooklyn Park 1295 Hackamore Road, Medina 220 W 81 st Street, Bloomington , 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 Rental License Category Criteria Policy — Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit 0-1Type I — 3 Year 1-2 units 3+ units 0-0.75 Type II — 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 1-2 units 3+ units Greater than 4 but not more than 8 Greater than 1.5 but not more than Type IV —6 Months 1-2 units 3+ units Greater than 8 Greater than 3 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 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 units Greater than 0.25 but not more than 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 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. 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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 Jeannine Pfann for Over 17 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 Jeannine Pfann. Background: Jeannine Pfann will retire from her position of CARS Administrative Assistant after more than seventeen years of service to the City. Jeannine began her employment with the City of Brooklyn Center on December 3, 1996 and will retire on May 30, 2014. Jeannine's efforts provided for the efficient operation of the Community Activities, Recreation & Services office and for Earle Brown Heritage Center billing prior to that. It is highly fitting the City Council recognize Jeannine's years of service and her 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 JEANNINE PFANN FOR OVER 17 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Jeannine began her employment with the City of Brooklyn Center as the Earle Brown Heritage Center Billing Clerk on December 3, 1996, and; WHEREAS, Jeannie became the Administrative Assistant for the Community Activities, Recreation and services Department on April 9, 2008 and will retire on May 30, 2014, with more than 17 years of dedicated service to the City of Brooklyn Center and its citizens; and WHEREAS, Jeannine Pfann has consistently provided the City of Brooklyn Center and its residents with exemplary service; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the dedication and professionalism Jeannine has displayed in discharging her duties; and WHEREAS, the City Council of the City of Brooklyn Center recognizes the positive impact Jeannine Pfann 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 Jeannine Pfann is duly recognized and appreciated by the City of Brooklyn Center. May 27, 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 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF PEGGY LYNN FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION WHEREAS, Peggy Lynn served on the Housing Commission from August 22, 2011, through May 12, 2014; and WHEREAS, as a member of the Housing Commission, she contributed to developing and recommending standards for occupancy and maintenance of housing for the community; and WHEREAS, her leadership and expertise have been greatly appreciated by the Housing Commission; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Peggy Lynn is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service she has rendered to the citizens of Brooklyn Center. May 27, 2014 Date ATTEST: Mayor 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 NG. 9a Ca JNC lf EM VEY 0 R DU DATE: May 27, 2014 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development SUBJECT: ResolutionResolution Regarding the Disposition of Planning Commission Application No. 2014-004 Submitted by Gatlin Development Company Requesting Approval For Preliminary Plat of Shingle Creek Crossing 5' Addition ecommendation: Recommended the City Council adopt the resolution regarding the disposition of Planning Commission Application No. 2014-004, submitted by Gatlin Development Company requesting approval for Preliminary Plat of Shingle Creek Crossing 5 th Addition. I ackground: On May 15, 2014, the City Planning Commission reviewed Planning Application No. 2014-004, submitted by Gatlin Development Company, requesting approval of a Preliminary Plat of Shingle Creek Crossing 5 th Addition. This new plat is located within the Shingle Creek Crossing PUD site, and affects a large portion centered on the former Food Court area, addressed as 1300 Shingle Creek Crossing. Attached for review is Planning Commission Resolution No. 2014-04, in which the Planning Commission provided a favorable and unanimous recommendation of approval regarding this proposed plat. Excerpts minutes from the May 15, 2014 Planning Commission meeting as related to this matter are attached for the Council's review. Budget Issues: There are no budget issues to consider. Council Goals: Strategic Priorities: 0 Focused Redevelopment — — — — Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MM. 1 3 ig,s ; =R -4 Drawing Acme,K \TACJ-DEV \CARR, DEVELOPMEta \SRO...LE CENTER \CAM \PHA APhase 1 R ond 1\000I0001 PRELARNARY PLAT.BAR 4111 Acailien May 15. 1014 lO4O SF Ar1oraardertan I =01 8 I 41 1 7'1 I I E9 I 3: I I I *I "l ' I I I I 1 1 1 1 1 , .- ' , -z ,_,,,,-i -.. -i1,,. 0 - ---,-.1-,---- Al i I rl I>'N 011 I \\`' (.,1 9C:,4/ D'A •"( 'a' d sil ■■■'i,-.I;dr:■■■■■■,,,,■■■■■■■'>■;T:H..4---1,"is--.■■-:-■!■■■'..■.„-'''''..---...:>■-■,..Hj.,■■;:'1±-'.:■:';466;s-2'7.7.:(1,-■\:■■ \ 1-?■-t0.,■,■■ ■ .....,,, ri-l■ „.1.‹...,>,,,:,..,,,-_-___ olii r o., 't?'-.-')' , 1 I 1 \r-111 11 — ----- , 1 1 .1.11-, , , 1 1 ...s.,,:_-,:"..,X‹. A ■,.',I ' H „T —‘E — =La AS 170750 ..S46,60 OR1.41 OlCati, L..,„HENNEPIN COUNTY MINNESOTA PRELIMINARY PLAT SHINGLE CREEK CROSSING irmz.71gc7v6=0.0,a0O, P.,,,C8-2.'66 ,, a AR Vac LUCAS C. PAYNE. P.A pa, 05/14/2014 yALOS, 46785 KimleyHorn - RERSONS PATE BY Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-004 SUBMITTED BY GATLIN DEVELOPMENT COMPANY REQUESTING APPROVAL FOR PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 5 TH ADDITION WHEREAS, Planning Commission Application No. 2014-004, submitted by Gatlin Development Company, requesting approval of a Preliminary Plat of a new subdivision to be titled SHINGLE CREEK CROSSING 5 TH ADDITION, which is a replat of properties within the Shingle Creek Crossing Planned Unit Development project site; and WHEREAS, the Planning Commission initially held a duly called public hearing on May 1, 2014, but the hearing was tabled to allow the Applicant additional time to submit a revised plat drawing to the Planning Commission; and WHEREAS, an updated preliminary plat was presented before the Planning Commission at the May 15, 2104 meeting, whereby this item was given due consideration, a staff report was presented, and a public hearing was re-opened to allow for public testimony regarding the preliminary plat of SHINGLE CREEK CROSSING 5 th ADDITION, which were noted for the record; and WHEREAS, the Planning Commission determined during its review of the preliminary plat materials submitted with Planning Application No. 2014-004, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 — Platting; and WHEREAS, the Planning Commission did adopt Planning Commission Resolution No. 2014-04, which provides a favorable and unanimous recommendation to the City Council that Planning Commission Application No. 2014-004, as submitted by Gatlin Development Company requesting Preliminary Plat of SHINGLE CREEK CROSSING 5th ADDITION, may be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2014-004, submitted by Gatlin Development Company, requesting approval of a Preliminary Plat of a new subdivision to be titled SHINGLE CREEK CROSSING 5th ADDITION, is hereby approved subject to the following conditions: 1. All recommendations and conditions as noted in the City Engineer's review memorandum, dated May 9, 2014 shall be complied with or completed as part of any final plat approvals. 2. Approval of this plat will be subject to the approval of the separate RESOLUTION NO. Shingle Creek Crossing Planned Unit Development Amendment No. 6. 3.Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under separate and folinal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 4.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 5.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 6.An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). May 27, 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. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA MAY 15, 2014 CALL TO ORDER The Planning Commission meeting was called to order by Chair Scott Burfeind at 7:09 p.m. ROLL CALL Chair Burfeind, Commissioners Randall Christensen, Benjamin Freedman, and Stephen Schorming were present. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Chair Burfeind stated Commissioner Carlos Morgan was ill, but would make himself available if requested (Mr. Morgan did not attend and deemed absent/excused). APPROVAL OF MINUTES — MAY 1, 2014 There was a motion by Commissioner Christensen, seconded by Commissioner Schorming, to approve the minutes of the May 1, 2014 meeting as submitted. The motion passed unanimously. APPLICATION NO. 2014-004 GATLIN DEVELOPMENT COMPANY RECONSIDER ITEM AND UN-TABLE PUBLIC HEARING from the May 1, 2014 Planning Commission meeting. There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to reopen the public hearing on Application No. 2014-004, at 7:11 p.m. The motion passed unanimously. Chair Burfeind introduced Application No. 2014-004, a request for Preliminary Plat approval of Shingle Creek Crossing 5 th Addition, located in the Shingle Creek Crossing Planned Unit Development Project. (See Planning Commission Report dated 5-15-14 for Application No. 2014-004.) Mr. Benetti explained this is a continued public hearing for Preliminary Plat approval of Shingle Creek Crossing 5 th Addition. The Developer is requesting to replat one large lot into six new lots. He added one lot will encompass Buildings 1-5, one lot for Buildings 6-8, two separate lots for Buildings 9 and 10, and two separate lots for restaurant pad sites R and T and the new plat reflects a revised layout to be created under an updated PUD Amendment No. 6. He added the proposed PUD amendment and final plat will be presented to the Planning Commission on May 29, 2014. Mr. Benetti further described changes to the alignment and location of the proposed lots and pointed out the change encourages active living and walkable sites throughout the development Page 1 5-15-14 Mr. Benetti pointed out this application was presented to the Commission on May 1, 2014 when it was explained there were potential changes to the lot layouts, therefore, the public hearing was postponed until May 15, 2014. REOPEN PUBLIC HEARING — APPLICATION NO. 2014-004 There was a motion by Commissioner Freedman, seconded by Commissioner Christensen, to reopen the public hearing on Application No. 2014-004, at 7:15 p.m. The motion passed unanimously. Chair Burfeind called for comments from the public. No one from the public appeared at the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Freedman, seconded by Commissioner Schonning, to close the public hearing on Application No. 2014-004. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2014-04 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-004 SUBMITTED BY GATLIN DEVELOPMENT COMPANY REQUESTING APPROVAL OF THE PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 5 TH ADDITION There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to approve Planning Commission Resolution No. 2014-04 noting the changes made to the updated version of the preliminary plat. Voting in favor:Chair Burfeind, Commissioners Christensen, Freedman, and Schonning And the following voted against the same: None The motion passed unanimously. Mr. Benetti requested confirmation that the motion to approve this plat item includes the amended lot line changes as presented under the updated preliminary plat map (which was not part of the original Planning Commission packet and report). Chair Burfeind and the Commissioners verbalized an affirmative. The Council will consider the application at its May 27, 2014 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. Page 2 5-15-14 BROO1a1W CENTER Planning Commission Report Meeting Date: May 15 9 2014 •Application Filed: 04/03/14 •Review Period (60-day) Deadline: 06/02/14 •Extension Declared: N/A •Extended Review Period Deadline: N/A Application No. 2014-004 Applicant: Gatlin Development Company Location: Shingle Creek Crossing — PUD Project Site Request: Preliminary Plat of Shingle Creek Crossing 5th Addition INT1',ODUCTION Gatlin Development Company is seeking Preliminary Plat of Shingle Creek Crossing 5th Addition, which would allow the replatting of certain lots and creation of new lots within the approved Shingle Creek Crossing Planned Unit Development project site. A public hearing is scheduled for this item, and notices mailed to the surrounding property owners. ANALYSIS The final plat for Shingle Creek Crossing was approved on May 23, 2011. The affected area under this plat is the lot created to encompass the former Brookdale Mall Food Court site and the surrounding property, which is legally described as Lot 1, Block 1, Shingle Creek Crossing 3rd Addition. As part of the Food Court area redevelopment, Gatlin Company is requesting to separate out the newly reconstructed areas into individual parcels. On November 25, 2013, the city council approved the new site and building plans for the reconstructed areas of the old Food Court. The Commission may recall this new site plan included the separation of the old Food Court from Sears and the development of 10 new retail/service buildings, with a centrally located loading area to serve all new buildings. The plans called for approval of Buildings 1- 7, with Buildings 8, 9 and 10 to be built later. The area for Bldgs. 9 and 10 was targeted as a new landscape berm with trees to serve as as a natural vegetative screen for the interior loading docks. Under this 5th Addition, the Developer is requesting to replat this large, overall lot into 6 new lots, with one lot to encompass Bldgs. 1-5; a separate lot for Bldgs. 6-8; and two separate lots for Bldgs. 9 and 10; and two separate lots for restaurant pad sites R and T. SITE DATA TABLE PLAT LOT AREA LOT AREA (SF)BUILDING BUILDING SIZE PARKING PROVIDED PARKING RATIO LOT 1, BLOCK 1 7.65 ACRES 333,234 S.F.1, 2, 3, 4,5 79,526 S.F.386 SPACES 4.85 LOT 2, BLOCK 1 0.93 ACRES 40,511 S.F.10 6,000 S.F.33 SPACES 5.50 LOT 3, BLOCK 1 1.54 ACRES 67,082 S.F.T 5,500 S.F.55 SPACES 10.00 LOT 4, BLOCK 1 1.03 ACRES 44,867 S.F.R 5,400 S.F.57 SPACES 10.56 LOT 5, BLOCK 1 1.42 ACRES 61,855 S.F.9 13,332 S.F.62 SPACES 4.65 LOT 6, BLOCK 1 2.03 ACRES 88,427 S.F.6, 7, 8 12,141 S.F.56 SPACES 4.61 TOTAL 7.48 ACRES 373,745 SF.-121,899 SF.649 SPACES 6.32 App. No. 2014-004 PC 05/15/14 Page 1 EXISTING SEARS (NOT IN CONTRACT) i / ///// ///1-7-,... .1 .,:i!- su.Lour.e -, / /. // i :'-'■-/ // dULIDIti.S7 2 N,k RECONFIGURATION OF • il t. BUILDINGS SAND 10 t i 1 1 I ,.41......,;;;I:111.01G , - +/ 4 -li ' I ' ' \ \ '*q , , i ■ 1 SI 1 \ N 02°P71, I % 111A — \\ \ PROPOSED ACCESS TO , SXERXE AVE.' /, -,.. 1. EXISTING SEARS (NOT IN CONTRACT) " '/ SUBDIVIDE LOT. MODIFIED SITE LAYOUT. X The Commission may recall that the City adopted Shingle Creek Crossing Master PUD Plan last October, 2013. That plan included a layout of Bldgs. R and T, along with the general layout and distribution of the 10 building pads around the Food Court portion. The new plat reflects a revised layout to be created under an updated Planned Unit Development Amendment No. 6 plan (illustrated below): App. No. 2014-004 PC 05/15/14 Page 2 This PUD Plan is now under official consideration by city staff, and is scheduled to be presented at the next regular Planning Commission meeting on May 29, 2014. The most obvious change is the new layout of Bldg. Pad Sites R and T. This new layout reflects a recommendation planning staff made to the Developer to realign or relocate these two building pads closer to Xerxes Avenue frontage. The belief was this would add to Planning Staff's desire to encourage active living and walkable sites throughout this development and the community, and the developer agreed and made the changes accordingly. The Developer has communicated to city staff that they need to plat the areas around the Food Court area as soon as possible, in order to arrange for financing the new construction. The platting simply separates the buildable areas in to manageable parcels for this financing and the ability or option by Gatlin Company to sell each lot to new client or future user of each building site. This item was initially presented to the Commission at the May 1, 2014 meeting as a public hearing item. Prior to opening the hearing, planning staff explained this plat may undergo additional changes or slight reconfiguration of lot lines and layouts, due in part to some conflicting and unresolved issues with the proposed PUD Amendment No. 6 Plan. The PUD Amendment No. 6 Plan included a new access onto Xerxes Avenue, to run between Bldgs. R and T and into the central loading dock portion of the redeveloped Food Court area (Bldgs. 1 — 10). This access point is no longer being proposed by Gatlin, and therefore the plat remains unchanged or unaffected by removing this access point. Because the hearing notice was already published for the May 1 st meeting, city staff requested the Commission to officially open the hearing; allow public comments (none recorded), and postpone the public hearing until the May 15 th meeting. Staff requests the Planning Commission reconvene (re-open) the public hearing, allow for any additional comments, and give final consideration and recommendation of this preliminary plat item. Because the PUD Amendment No. 6 has not been officially recognized or approved by the City, staff is requesting any approvals given to this preliminary plat by made subject to final approvals of PUD No. 6. The City Engineer Review report is included in this plat report and packet. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2014-04, which comprehends the approval of Planning Application No. 2014-004, the Preliminary Plat of SHINGLE CREEK CROSSING 5 th ADDITION, subject to the following conditions: 1. All recommendations and conditions as noted in the City Engineer's review memorandum, dated May 9, 2014 shall be complied with or completed as part of App. No. 2014-004 PC 05/15/14 Page 3 any final plat approvals. 2.Approval of this plat will be subject to the approval of the separate Shingle Creek Crossing Planned Unit Development Amendment No. 6. 3.Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 4.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 5.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 6. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). ATTACHMENTS •Preliminary Plat of SHINGLE CREEK CROSSING 5th ADDITION •City Engineer's Review Memo (dated 05/09/2014) •Planning Commission Resolution No. 2014-04 App. No. 2014-004 PC 05/15/14 Page 4 Commissioner Christensen introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2014-04 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-04 SUBMITTED BY GATLIN DEVELOPMENT COMPANY REQUESTING APPROVAL OF THE PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 5th ADDITION WHEREAS, Planning Commission Application No. 2014-004 submitted by Gatlin Development Company, requesting approval of a Preliminary Plat of a new subdivision to be titled SHINGLE CREEK CROSSING 5th ADDITION, which is a replat of certain properties within the Shingle Creek Crossing Planned Unit Development project site; and WHEREAS, the Planning Commission held a duly called public hearing on May 1, 2014 and May 15, 2014, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of SHINGLE CREEK CROSSING 5 th ADDITION, which were received and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2014-004, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 — Platting; and NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2014-004 as submitted by Gatlin Development Company requesting Preliminary Plat consideration of a new subdivision to be titled SHINGLE CREEK CROSSING 5th ADDITION, be approved based upon the following conditions: 1.All recommendations and conditions as noted in the City Engineer's review memorandum, dated May 9, 2014 shall be complied with or completed as part of any final plat approvals. 2.Approval of this plat will be subject to the approval of the separate Shingle Creek Crossing Planned Unit Development Amendment No. 6. 3. Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 4. The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. PC RESOLUTION NO. 2014-04 5.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 6.An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). May 15, 2014 Date Chair The motion for the adoption of the foregoing resolution was duly seconded by member Schonning and upon vote being taken thereon, the following voted in favor thereof: Chair Burfeind, Commissioners Christensen, Freedman and Schonning. and the following voted against the same: None. Whereupon said resolution was declared duly passed and adopted. MEMORANDUM DATE: May 9, 2014 TO: Tim Benetti, Planning and Zoning Specialist FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Public Works Review of Preliminary Plat SHINGLE CREEK CROSSING 5TH ADDITION Public Works Department staff reviewed the Preliminary Plat submittal dated April 3, 2014, for the proposed SHINGLE CREEK CROSSING 5TH ADDITION pertaining to sites 1- 10 , R, and T and provide the following recommendations, comments and conditions: General: 1.This preliminary plan review is being performed under the premise that the re-platting is being requested for the sole purpose of revising the property lines as depicted in the attached drawing. It is assumed that all prior approval elements pertaining to the applicable PUD and amendments, preliminary and final plats, plan reviews and building/land alteration permits are to remain consistent with those approvals and remained unchanged with the exception of the aforementioned property lines. Under this premise, the proposed property line revisions appear to pose no negative impacts to the development and are consistent with City requirements. The only known impacts of the revisions pertain to the shifting of parking designation ratios, which minimums are met. 2.All recommendations and requirements approved as part of previous actions pertaining to all prior PUD/PUD amendment approvals, Preliminary Plan approvals and Final Plat approvals relative to this development and/or portions thereof are withstanding and must be incorporated into the final plans. 3.The following comments are contingent upon final plat approval, and final site plan and land alteration/building permit submittal and approval for PUD Amendment 6 of the Shingle Creek Crossing development. 4.An updated certified abstract of title or registered property report must be provided to the City Engineer and City Attorney for review at the time of the preliminary plat application (within 30 days of preliminary plat application). Additionally, this will need to stay current and be updated through the approval process as required to maintain and be current within 30 days of release of the final plat. 5.The applicant is responsible for coordinating site development plans with Xcel Energy, CenterPoint Energy, Qwest Communications and other private utility companies. Any further easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. 6.Upon project completion, the applicant must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of Preliminary Plat Review Memo — Shingle Creek Crossing 5th Addition Page 2 May 9, 2014 occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 7.Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion, the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The engineer must be certified in the state of Minnesota and must certify all required as- built drawings (which are separate from the as-built survey) 8.Rededicating and terminating certain easements maybe required as part of this PUD Amendment. Formal vacation documents are required and must contain easement vacation descriptions and depiction exhibits signed by a professional surveyor. A separate application is required for the easement vacation actions. Preliminary Plat: 1. The following item(s) are required Preliminary Plan items that have not been provided and/or included with the application and drawings as required by Platting Ordinance 15- 104 and likewise have not been evaluated as required: a.Show proper dimensioning of drive aisles, parking stalls, curve radii, and other typical site plan dimensioning. b.Demolition plans c.Utility plans (disconnection, temporary connection, proposed utilities, etc) d.Drainage plans e.Grading and permanent erosion control plans f.A stormwater pollution prevention plan (SWPPP) g.Phasing and sequencing plans h.Plans showing site safety fencing, access locations and haul routes 2. Revise plat to eliminate irregular short and skew lot lines where feasible. 3. Provide bearing and dimension on lot line near SE corner of Building 6 All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The Preliminary Plan (Site Plan and Preliminary Plat) and Final Plat must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the Final Plat may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading, geometric design and other design elements as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. =us 40TED =‘ - 6g-r.1 io OSSO,0 ORA, OoD}20 sr L.,REYS13 1.3 BY Lign11!=fr.PRELIMINARY PLAT SHINGLE CREEK CROSSING SHINGLE CREEK CROSSING BROOKLYN CENTER 1EIMEPIN COUNTY MINNESOTA 0 ME 2 -_,<, 71 T i 8 3,, n— 0 .., .Giqv .:F.•,,...4 'i"--is±" (.0) 1 cnLIV81WWft!Piiiliiil 2= k' -.e. a h .-.' =.)q. , z cn 0 "0.il'-- P6W 5,1' m 2 t 11 g CO 0g.5 2 H> momman 4 romil ram numm .555T!'''" yors 11/1 0Y20 1 2 P.1„Pf.'s". P.' 410.5 Moe., norsc XA1V.RJ.0E0 \GAR, DEVELOPMENT' VIROR.CIALE [OMR \CADONP114. 3 \ PhossS R 004 2\0001 PRELIMS. 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Whose 3 11 end 1 \ 0001 00EL2,11ART PL*T.dC4thflUY11 445 14, 2014 2C45r5 lap Cr,yrurd4rnon I I I 41 I r'1 0 I I g'3 3Z1'1'1'1* ICI' I I '1 -'1 'I I I I I 11 0 1 10 I 0 TY' B., :-.'"4-,1:' :ri 44-----..z...z.--- -,,..-=, _ , \ ,-, _S, .. %,----: fl-fl' -7_:;,.: ...,Thcri ,,,,,--44:!---__ '---.\--------'''—' --=:-----,,, 57..---.3,,----_-_(„4ff±7.7-`p,,._ c,;:is,,,,,,,, , "..4... --'''':■:--,..I.,,,,;5.-,;,,,b;--5..„ L" vg...---''''''.11:.--Z ... 1 14 r,e,'I.:y-i 's .,-,-4,c-.--- _..._ 4:: ' ' ' .--.. - , ..:3'• -7,?2' <- kV.. ---_,:----Ztvri-14 ,-• ''''' q - .,..,0j ----„-- ,•.' ---,‘ 1:-.-I- 1.1 •-•• IMDATIWim i u g OH ,g,m!C ig 2 1 110 (6' g 3 3, BOTEDSHINGLE CREEK CROSSING BROOKLYN CENTER HENNEPIN COUNTY PRELIMINARY PLAT SHINGLE CREEK CROSSINGMINNESOTA GES.E.0 BY CR., BY 0-LOYED SI LC-P BEV,301,DATE 8 ,t BY E A MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA MAY 15, 2014 CALL TO ORDER The Planning Commission meeting was called to order by Chair Scott Burfeind at 7:09 p.m. ROLL CALL Chair Burfeind, Commissioners Randall Christensen, Benjamin Freedman, and Stephen Schonning were present. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Chair Burfeind stated Commissioner Carlos Morgan was ill, but would make himself available if requested (Mr. Morgan did not attend and deemed absent/excused). APPROVAL OF MINUTES —MAY 1, 2014 There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to approve the minutes of the May 1, 2014 meeting as submitted. The motion passed unanimously. APPLICATION NO. 2014-004 GATLIN DEVELOPMENT COMPANY RECONSIDER ITEM AND UN-TABLE PUBLIC HEARING from the May 1, 2014 Planning Commission meeting. There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to reopen the public hearing on Application No. 2014-004, at 7:11 p.m. The motion passed unanimously. Chair Burfeind introduced Application No. 2014-004, a request for Preliminary Plat approval of Shingle Creek Crossing 5 th Addition, located in the Shingle Creek Crossing Planned Unit Development Project. (See Planning Commission Report dated 5-15-14 for Application No. 2014-004.) Mr. Benetti explained this is a continued public hearing for Preliminary Plat approval of Shingle Creek Crossing 5 th Addition. The Developer is requesting to replat one large lot into six new lots. He added one lot will encompass Buildings 1-5, one lot for Buildings 6-8, two separate lots for Buildings 9 and 10, and two separate lots for restaurant pad sites R and T and the new plat reflects a revised layout to be created under an updated PUD Amendment No. 6. He added the proposed PUD amendment and final plat will be presented to the Planning Commission on May 29, 2014. Mr. Benetti further described changes to the alignment and location of the proposed lots and pointed out the change encourages active living and walkable sites throughout the development Page 1 5-15-14 Mr. Benetti pointed out this application was presented to the Commission on May 1, 2014 when it was explained there were potential changes to the lot layouts, therefore, the public hearing was postponed until May 15, 2014. REOPEN PUBLIC HEARING — APPLICATION NO. 2014-004 There was a motion by Commissioner Freedman, seconded by Commissioner Christensen, to reopen the public hearing on Application No. 2014-004, at 7:15 p.m. The motion passed unanimously. Chair Burfeind called for comments from the public. No one from the public appeared at the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Freedman, seconded by Commissioner Schorming, to close the public hearing on Application No. 2014-004. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2014-04 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-004 SUBMITTED BY GATLIN DEVELOPMENT COMPANY REQUESTING APPROVAL OF THE PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 5 TH ADDITION There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to approve Planning Commission Resolution No. 2014-04 noting the changes made to the updated version of the preliminary plat. Voting in favor: Chair Burfeind, Commissioners Christensen, Freedman, and Schonning And the following voted against the same: None The motion passed unanimously. Mr. Benetti requested confirmation that the motion to approve this plat item includes the amended lot line changes as presented under the updated preliminary plat map (which was not part of the original Planning Commission packet and report). Chair Burfeind and the Commissioners verbalized an affirmative. The Council will consider the application at its May 27, 2014 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. Page 2 5-15-14 City Council Agenda Item No 10a COUNCIL ITEM MEMORANDUM DATE: May 27, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk >Let SUBJECT: Type IV 6-Month Provisional Rental License for 6800 Dupont 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 6800 Dupont 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 III rental license. This property qualifies for a Type IV provisional rental license based on 14 property code violations found during the initial rental license inspection and zero 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: 12-30-2013 The Owner, Yi Lin, applied for renewal of the rental dwelling license for 6800 Dupont Ave N, a single family dwelling. 01-25-2014 An initial rental inspection was conducted. 14 property code violations were cited, see attached rental criteria. 03-24-2014 A second rental inspection was conducted and passed. 03-24-2013 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 03-28-2014 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 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 03-31-2014 04-24-2014 02-05-2014 05-14-2014 license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. The previous rental license expired. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held May 27, 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 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 Mission: Ensuring an attractive, clean, safe, inclusive conumtnity that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. 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: Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality 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 UnitsProperty 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 1-2 units 3+ units Greater than 4 but not more than 8 Greater than 1.5 but not more than 3 Type IV —6 Months 1-2 units 3+ units Greater than 8 Greater than 3 COUNCIL ITEM MEMORANDUM •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). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 3-4 units 5 or more units 0-1 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 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive conununi67 that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Strategic Priorities: o Vibrant Neighborhoods Attachment - Mitigation Plan fission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Ovot:r Nfiftir yi Li n Loc"11 A e cn "Khai UM Omicr Aticitos! Agent. AddicsS1 NI, P.IcAlonle!,./ St, V.,11 1.7.4e,stc4,1,0f t.tIt t127 Pard D,Dakittr, MN,S6425 Section C— Crime, Vree Housing l'Ingrarn RcquIrernents, iliLsv I Crioir hvt: I -itviietN vAto Aarnif-,op 01 ,..luci cm cho:`,.. 1'ot !III Prot,i,fc 41;,,,:ofillf.,ff.fficoi to if ttlifo4txt I'tit ii. Itvvict f.wiiIco.tftis ‘vitos iii i I m ins I Oft" fc;i:.*: or :AIN ,,ttility4orts Typ■:-P tiic Nfot fi.c..'11..1& 11 -7 City of Brooklyn Center .61431 Stkelt , Croko,t. EiruAirti COolet-, thlti SS.11041c,ii rF.L.1111110111L-7=!--... /,`,, I nil 1.icenheIli nton 11:111.-IWZ IV license list 11 1(1 aid! MALIN: tie or „tillable ji),•milii Ci .j Hyb,tifc. Section A— 11 perty Information Prop:ity Ad.:i ro n:C.5600 Dupont Ave N, Brooklyn Center, MN 55430 l u "" 216ET'il 'jasonlarneyatioo,corn‘,... ea.. Art Phont:61 2 -2 3 7 -82 83 A ‘*'ell''' f:":"i/:Srilim2000@msn . corn _i_ c) V. Nr Nosie: 2 1 8 ,43 38,88,88 Rcht;itl.,01K., I i`'.:t., E.1 Rttu,..0•41' Cu:1-o ,', lice-vie Expiratior 1);ate: 0343 1 r2"D 74 *Pvlidili:1 1)= IV Liccnw EsNp Dritc: OW35220 1 4 _ ,.,s.t In c.trAti frau chrtera bee, Ls t' 4A aritsdrirl 1,.„,..... 1117,,,:t1 Ott COltifit ‘,1? N. :4:-;!Csd tiVilatiVe diit,, ik i?..ve Td ,;(1:11CSA ptoren .," qual fri":1 I iV itk";“ I Lioor.-;.. fL•lolt: ',oat i.,-0.11 ,o• ;:wp;i1fotivn RN" h:f Itto Cft ," kittivaticit 11:111 t-cittOct.t.\ fintl ft:N it) kt.t,t1 A hit) 'qillivitzt.-JunmIximtel, tvii;;z11,:.-0 of CT*: liccliw ar.111ativ..74 1,1;111 07,:*01.1ixitv Iir )1A:p3 idvIttiriVil anti tht- tt.t• 1,f,..s.:11 to rt 011 (*it) lircltim ii itid appli:3bk.Co t 1-4 !.1 it ivxtion Ear, pi tat opportiftle:yrt ivvx.v;iftto.1111.?.`,1 It>*;:,,estt)psii .1k11ThN to imrscovc.• 111k, Cran COndiiis'4 11 `i tV■F!.-41 .0110:t 431 11(itCr.), NOTICE: i it.. r, kig cv 1 1 A('Tios Ntyky :,',.itseder 1tfuNt1 J ty zut: Nini t..tutm Pbfil r4 tijiq jicenstpt0:0 ;mid no4,1 :1,110117, i 7S-e-ction B— lIcti —uirecl Documents Submit cbt lAtorplog, t1, um u with bc Mitigut;on Nan for rippR ,N at: so=e Criplt. hc.c.Icium tptn I ticmim (licettlAftt\i, p),,N4e (itle in S6,1'1,41(2, Ito:Attie (71 siltrirt ,ofilff:n :croft fIs,IJ td) month ttitlxf lickfoN.;- ,tprovz1).- i 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 09/2312010 or Date Course Scheduled: Phase 11 Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Date Scheduled: - I\ l 1 ‘ Dem H.,...-, ...---.1'1 k t 6/ .1 1 - Improvements to be completed by: 0 Phase 111I ,/ Hill attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 05108/2014 & 0711012014 xr-q---A Do these two meeting dates occur before the *Pending 7)pe IV License expiration date? I (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon Yes .-.L) renewal. t i 1 I will have no repeat code violations previously documented within the past year. For properties with film or more Units: I that includes techniques.will conduct resident training annually crime prevention1 I will hold regular resident meetings, Section D —Long Tenn Capital Improvements Plan 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-10101/2009 1010112016 Water Heater-10/01/2011 10/01/2021 Kitchen Appliances-03/01/2011 03/01/2016 Laundry Appliances-n/a n/a Exterior -Paint/Siding, fascia, trim unknown 10/01/2016 -Windows 10t01/2011 10/01/2016 -Roof 08/01/2011 08/01/2031 -Fence unknown 10/01/2016 -Shed unknown 10/01/2016 -Garage 10/01/2011 10/01/2031 ;Driveway unknown 10/01/2016 -Sidewalks 08/01/2011 08/01/2014 Smoke Alarms & Carbon Monoxide Alarms 10/01/2011 10/01/2021 Other(s) Section E — Steps toImprove Management and Conditions etProperty implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: I Check in with tenants every 30 days.II V I 2. Drive by property to check for violations twice a month. • Page 2 Type IV Mitigation Plan Rev 11-16-11 co \tnivnien 11 .0% kpp t --kci• Police Department / Title Buildii g,Rt om unity Standards Department / Title ■,5/,.//y Date Date 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.: 8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. II II I 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 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. Owner or Agent Name a Title (Please Prnit) Vo; Lum Pkr-WW-ui fv,airwv , Owner or Agent Signature Date Additional Owner or Agent Name and Title (if 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. 10b COUNCIL ITEM MEMORANDUM DATE: TO: FROM: SUBJECT: May 27, 2014 Curt Boganey, City Manager Sharon Knutson, City Clerk jkaPil . Type IV 6-Month Provisional Rental License for 6937 Unity 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 6937 Unity 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 II rental license. This property qualifies for a Type IV provisional rental license based on 9 property code violations found during the initial rental license inspection and zero 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: 01-15-2014 02-12-2014 03-13 -2014 03 -28-20 14 The Owner, Wells Bovard, applied for renewal of the rental dwelling license for 6937 Unity Ave N, a single family dwelling. An initial rental inspection was conducted. Nine property code violations were cited, see attached rental criteria. A second rental inspection was scheduled and no one was on site to meet the inspector. A follow up inspection was conducted and passed. A $100 reinspection fee was charged to the 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 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. Staff spoke on the phone with the owner regarding his concerns about his license status. A Mitigation Plan was submitted. The $100 reinspection fee was paid. The previous rental license expired. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held May 27, 2014. 03-28-2014 04-07-2014 04-15-2014 04-21-2014 04-30-2014 04-30-2014 05-07-2014 05-14-2014 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public tntst COUNCIL ITEM MEMORANDUM 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 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 perfoimance 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality 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 Greater than 1 but not more than 4 3+ units 1-2 units 3+ units Greater than 0 75 Greater than 4 Greater than 1 5 but not more than 1.5 but not more than 8 but not more than 3 Type IV —6 Months1-2 units 3+ units Greater than 8 Greater than 3 Type III — 1 Year COUNCIL ITEM MEMORANDUM 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. 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). License Category No Category Impact Number of Units 1-2 3-4 units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 0-0.25 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust 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 units Greater than 0.50 COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Strategic Priorities: * Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust endii , Type IV Loteetige:Bki.):;::DMO::' ir menabs g -':191:1 ' 651 '341 '5551 Agent Errrul eriy' o'..iarjadom' nt..00rO , ;458 I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 APR 3 0 2814 Phone: 763-569-3300 TTY 711 Fax: 763-569-3360 www.cityofbrooklyncenter.org Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website. 0044.00, Poperty Addtes 937 Unity Ave OvnetN'tme Wells Bovard Iocl Agent Deuth Property Management, LLC 'Owndi.AUdiss::. -' Agent Adc1rsi: . . . . . , •,1349 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, ee.10... -,__ e It Te *0:1* - , - Submit the following documents with the Mitigation Plan for approval: 1 Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C,iifv u 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum_ 3. Submit written report by 10 th of each month (after license approval). ..a .6.iti _ '.01040.0g: 0.,_glif . IV i,a_ eetititoni.'. . t.? ,.:L...: . I el I/ 1 1. Use written lease including Crime Free Housing Lease Addendum.I vi I 2, Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. {- V 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 H' 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed:or Date Course Scheduled: Tues May 13th w9:30 Page 2 Type IV Mitigation Plan Rev 11 -16 -11 Improvements to be completed by: Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled; May 15th @2:00 I v r Do these two meeting dates occur before the *Pending Type IV License expiration date? J,J YesAl—Mo (*See Section 4) 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 nulls: I will conduct resident training annually that includes crime prevention technique I will hold regular resident meetings. Sectimi fl — Long Turin (Capital lnIreInL'iIs Plan . 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 re uire earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-2002 2022 Water Heater-2005 2025 Kitchen Appliances-2006 2017 Laundry Appliances-2008 2018 Exterior -Paint/Siding, fascia, trim 2004 2024 -Windows 1998 2028 -Roof 1998 2020 -Fence 1998 2028 -Shed NA NA -Garage 1989 _ -Driveway 1989 _ -Sidewalks 1989 _ Smoke Alarms & Carbon Monoxide Alarms 2014 2016 Other(s) Phase I will attend a minimum of 50% of the ARM meetings (two). I will attend the .ARM meetings scheduled for: July 1018 & Septernberi1th .t.PM.::..0401 TOO.= OA 0410,_14 Implementing the following best practices may assist in the management of your prope .ly. By checking the boxes below, you agree to: I Check in with tenants every 30 days. 2, Drive by property to check for violations twice a month.II',' 3. Evict tenants in violation of the lease and all addendums. 4, Provide lawn/snow service. 5. Provide garbage service. 6 Install security system.Home Service Plus7.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): V IlLkj H For City Use —Mitigation Plan Approved By: (Colice Department / Title Date xt 6914 un' Standards partment / Title Date 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, Christopher Deuth Owner or Agent Name a d Title (Please Print) °wrier or Tnt Sign tu e 17147)/7( Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (( applicable) Date Page 3 Type IV Mitigation Plan Rev 11-16-11 AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION May 27, 2014 (Tuesday) 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.Centennial Civic and Veterans Memorial Amphitheater Update and Direction 2.Inclusion and Diversity Study Update PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.BC University 2.Consideration of Modifying Setback Requirements for Front Porches 3.Citywide Environmental and Sustainability Efforts Update 4.Sister City Voinjama Visit Update Parking Lot Issues 1. Joint Meeting with Charter Commission Work Sessi©i A enda Item No. 1 MEMO A NDUM - COUNCIL WO SESSION DATE: May 14, 2013 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT:, Centennial Civic & Veterans Memorial Amphitheater Update and Direction Recommendation: It is recommended that the City Council consider providing direction to staff regarding the proposed Centennial Civic & Veterans Memorial Amphitheater. Background: In 2010, a group of dedicated citizens was formed with the express purpose of creating a slate of events and activities to commemorate the City's upcoming 100 th anniversary. As a part of that process, the group determined they would also like to undertake a "legacy" project, and the dream of an amphitheater was born. With the donation of architectural design services, a conceptual rendering and cost estimate was developed. At that time, the architect estimated the project cost at $330,000. The group then began the difficult process of raising funds for the project. After the completion of the Centennial activities, the group was dissolved. However, the work related to fundraising did not stop. On February 27, 2012, the City Council adopted a Resolution naming the Amphitheater Fundraising Task Force and approved its membership roster. After the resolution was passed, the Committee continued raising funds for the facility. Throughout 2012 and 2013, the Amphitheater Fundraising Committee continued soliciting donations for the amphitheater. After a substantial donation from Luther Company LLC in June of 2013, the fundraising committee informed the City Council and staff they were nearing their goal for donations. As a result, the City Manager authorized an agreement with Blumentals Architecture to develop the plans and specifications for the facility. In September of 2013, soil borings were conducted on the prosed site of the amphitheater. Results indicated that significant modifications would need to be made in the design and construction of the facility because of unsuitable soils. In October of 2013, an estimate for soil correction was prepared and the construction budget adjusted upward by $100,000 to accommodate for the necessary adjustments. In early December 2013, final review construction plans were issued for the project. At that time the City requested the architect provide an updated estimate on probable costs for construction. On January 17, 2014, Blumentals Architecture provided an estimate of $800,788, which was $470,000+ more than the original estimate. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMO A, NDUM - COUNCIL WO SESSION Based upon this new estimate, the city requested the architect identify the reasons for the cost increase and to identify areas to potentially reduce the construction costs. On January 30, 2014 Blumental's Architecture provided a status report, identifying the major factors for the cost increase. These included: Soils Correction ($152,000), a tight construction site ($10,000), masomy and finish details and the current bid climate, which they determined was not as favorable. They also provided proposed changes that could reduce the cost of construction by almost $265,000. Armed with this information, the City requested the Amphitheater Fundraising Committee identify other possible construction sites and make a recommendation regarding the design changes. After careful consideration, the Committee reaffirmed Centennial Park as the preferred site and recommended acceptance of all of the design/finish changes. Based upon that recommendation, staff identified an alternate location, which lies in a portion of the current City Hall parking lot (see attached). Accordingly, soil borings were conducted in that location and it was determined that the soils were much more suitable for construction, with only $20,000- 30,000 of soil remediation and parking lot reconfiguration needed. With this new location and the revised finishes, the architect now believes the probable cost estimate to be in the range of $410,000. To date, the Amphitheater Fundraising Committee has received donations totaling $337,375 towards construction of the facility. Accordingly staff is looking for Council direction regarding this project. Policy Issues: None noted Strategic Priorities: • Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances . the quality of life for people and preserves the public trust DENOTES APPROXIMATE LOCATION OF STANDARD PENETRATION TEST BORING 30'60' 411151111111611111111111111 SCALE: 1"= 60' co Project No: SP1305740 Drawing No: SP -1305740 BRAUN INTERTECSOIL BORING LOCATION SKETCH GEOTECHNICAL EVALUATION CIVIC AND VETERAN'S MEMORIAL AMPHITHEATER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 11001 Hampshire Avenue So. Minneapolis, MN 55438 PH. (952)995-2000 FAX (952) 995-2020 60' JAG 9/11/13 SBM 9/12/13 Scale: Drawn By: Date Drawn: Checked By: Last Modified: CE\i\AbiPl_dOvMMO13ROOXcarR_Blumentoills / Arch()lecture kn. DIAGRAM OF FRONT SECTION FLOOR PLANDIAGRAM OF REAR BROOKLYN CENTER CIVIC & VETERANS MEMORIAL CENTENNIAL PARK - BROOKLYN CENTER, MN APRIL 3, 2014 BlurirtenkAs Architecture Inc.DIAGRAM OF REAR Sessitafa Agenda Item N©0 2 MEMO NDUM - COUNCIL WO SESSION DATE: May 21, 2014 TO: City Council FROM: Curt Boganey, City Manag SUBJECT: Inclusion and Diversity Update Recommendation: It is recommended that the City Council consider providing direction to staff regarding Background: In the fall of 2012 we engaged Inclusion Inc. to perform an assessment of the City organization's culture in the area of Inclusion and diversity. This assessment which consisted of employee surveys and focus group discussions including Commission members and members of the Multi- cultural Advisory Committee resulted in several recommendations as outlined in the Executive Summary. A copy of the report is enclosed. The results if this report was shared with City Supervisors and Leadership team. This led to the creation of three Strategy Teams focused on the keys findings of the report. The three teams created were The Business Case Team, The Learning Team and The Language Team. Each team was tasked with the responsibility of developing a set of initial and long term action steps related to each of the strategic areas. During this same period we were provided with an opportunity to participate in a learning system developed by Inclusion Inc. This opportunity was provided at a very deep discount to the City because the results will be used by Inclusion Inc. as part of their research effort. The objective of the learning system was to • provide a before and after analysis based of our culture based on the original assessment. The training consisted of three types of learning exercises. Several employees participated in a fairly comprehensive instructor led training that provided an overview of Inclusion and Diversity concepts with hands on discussion. In addition all full time employees were provided online learning opportunities using Inclusion Inc. learning modules. Finally, all employees participated in supervisor-led Inclusion and Diversity online module based discussions. Following the training employees were given the same online test that they took at the beginning of the process before the various learning opportunities were provided. The last component of our engagement with Inclusion Inc. was the completion of a Client Audit. The purpose of the Client Audit was to look at all City policies, practices, procedures and key activities to determine what current actions or non-actions contribute to or create a barrier to achieving our Inclusion and Diversity goals. Mission: Ensuring an • cave, clean, safe, inclusive conu that enhances the quallr of Ift for all people and preserves the public trust MEMO NDUM - COUNCIL WO SESSION I have enclosed a copy of the Client Audit. Tuesday at the work session we will review the highlights of these two reports, petition your feedback and offer recommendations as to how we might to proceed forward. Our hope is to build on the progress and efforts made to date. The Business Case Team said best when they stated we want every employee and every community member to be Respected, Valued and Engaged! Policy Issues: Strategic Priorities: o Civic Engagement Our engagement efforts will be deliberately inclusive and culturally sensitive Mission suring an attractive, clean, sale, inclusive community that enhances the quality of for all people and preserves the public trust XTA., ROOK LIN CENTER . . luclusionINC Inclusion Is A Business Strategy • • of ROOK", YN CENTER City of Brooklyn Center Diversity & Inclusion Assessment 4th Quarter - 2012 Performed by: InelusronIN(.: inclusion Is A Business Strategy 6 City of Brooklyn Center — Diversity & Inclusion Assessment — 4 th Quarter — 2012— Preformed by InclusionINC® CENTER kidusionINC® Inclusion Is A Business Strategy •• BROOKLYN CENTER ASSESSMENT REPORT EXECUTIVE SUMMARY 2 PARTICIPATION 5 BROOKLYN CENTER DEMOGRAPHIC PROFILE 6 WEB-BASED SURVEY RESULTS 7 DEMOGRAPHIC OF SURVEY PARTICIPANTS 7 RESPONSES COMPARED BY GENDER 9 RESPONSES COMPARED BY RACE/ETHNICITY 26 RESPONSES COMPARED BY DEPARTMENT 43 RESPONSES COMPARED BY GENERATION 44 FOCUS GROUPS, INTERVIEWS AND WEB-BASED OPEN-ENDED 45 DEPARTMENT HEAD INTERVIEWS: STRENGTHS AND AREAS FOR IMPROVEMENT 51 COMMISSIONS FOCUS GROUP: STRENGTHS AND AREAS FOR IMPROVEMENT 53 MAC INTERVIEWS: STRENGTHS AND AREAS FOR IMPROVEMENT 55 OVERALL AREAS FOR IMPROVEMENT 57 OVERALL RECOMMENDATIONS 58 ROADMAP TO SUCCESS 59 APPENDIX WEB-BASED DEPARTMENTS COMPARISON DETAIL WEB-BASED GENERATIONS COMPARISON DETAIL XVII City of Brooklyn Center — Diversity & Inclusion Assessment —4 th Quarter — 2012 — Preformed by InclusionINC® tar Re0,27.A.LT;wIN InclusioffiNC® Inclusion Is A Business Strategy . • t) • ixecuifive Sumnamy Purpose & Goals The assessment was conducted to provide an examination of the City of Brooklyn Center's overall inclusion and diversity culture. Specifically, the assessment addressed levels of awareness, familiarity, knowledge and understanding of general inclusion and diversity concepts. Through this process, strengths of the organization were identified as well various challenges that exist in the workplace environment. Additionally, for this particular assessment process, the views and perspectives of both internal and external stakeholders were captured. Methodology & Process Feedback from the internal stakeholders was gathered in two ways: by a web- based survey given to all employees and a series of one-on-one interviews conducted with department heads and various section leaders. In addition, focus group sessions were held; there were approximately twelve employees from various departments in each session. Feedback from the external stakeholders was gathered in one-on-one interviews with eight members of the Multicultural Advisory Committee (i.e., MAC) and in a focus group session with four members of the Commissions. The web-based survey consisted of forty-four questions; the one-on-one interviews and focus groups used seven questions. Finally, there were eight questions used for the MAC and six for the Commissions. The resulting findings come from these multiple data sets and include InclusionINC's experience. Some findings may not apply to all the data sets that were reviewed. City of Brooklyn Center — Diversity & Inclusion Assessment — 4 th Quarter — 2012— Preformed by InclusionINC® "rRe0FOATLIN Key Findings STRENGTHS: •inCIUSIOIA N Inclusion Is A Business Strategy •. o Consistent feedback by employees regarding the generally positive working relationships with colleagues (all) and feelings for the workplace environment o No significant disparity was seen in responses given by employees of different generations o Employees speak often regarding strong sense of mission fulfillment and commitment to providing best possible customer service to the community o Employees in leadership roles feel generally empowered to get the resources needed to do their jobs o Solid employee loyalty and long-term careers for many employees, particularly at the department head, managerial levels o Among the entire employee base, there is consistent feedback indicating positive feelings of being valued and included o Astute observations made by many employees, particularly those who are community-facing, regarding the continually changing demographics and increased diversity in the Brooklyn Center community o External stakeholder group (MAC) has a solid relationship with BC Police Department providing on-going constructive feedback and connection to diverse community AREAS FOR IMPROVEMENT o Lack of awareness and sensitivity regarding the overall importance of how inclusion and diversity can be leveraged to create a more engaging and productive workplace culture/environment o Race or gender perspectives not fully shared due to the lack of diversity at leadership levels o Cultural differences, including language barriers, continue to present issues due to the lack of staff diversity o Inclusion and diversity not seen as key drivers to the overall success of Brooklyn Center as an employer of choice and/or great place to work o Some feelings of departmental separation and isolation (i.e., silos) - especially from community facing functions o Lack of diversity amongst the Commissions members; there is also a need for cross-cultural training, which includes a better understanding of how City of Brooklyn Center — Diversity & Inclusion Assessment — 4 th Quarter — 2012 — Preformed by InclusionINC® asionINC Inclusion Is A Business Strategy inclusion and diversity can help Brooklyn Center provide greater service to a diverse community o Various community-facing parts of the Brooklyn Center organization could benefit by employing the Multicultural Advisory Council (MAC) model as part of the process for better understanding the needs of a growing diverse client base o Police Force and Fire Department (due to their significant community visibility) could improve diversity representation for connection to the local community (this includes clients and various stakeholders such as schools) RECOMMENDATIONS o Develop and communicate the business case for inclusion and diversity o Provide inclusion and diversity learning, which addresses valuing differences; inclusion and engagement; exclusion behaviors; cross cultural communication o Develop a plan (Roadmap) for creating a Culture of Inclusion o Leverage the Multicultural Advisory Committee model utilized by the Police Department for other community-facing departments o Develop recruitment strategies for creating a workforce that is more reflective of the local community demographic o Create awareness of the language translation services for incoming calls from the community o Create awareness that newspapers and/or various other documents distributed by the City of Brooklyn Center, along with website, are translated into different languages o Provide leaders with knowledge, understanding and tools for effectively leading as inclusion and diversity champions City of Brooklyn Center — Diversity & Inclusion Assessment — 4 th Quarter — 2012— Preformed by InclusionINC® l nc L sloI NCeX1r, BROONLIW CENTER Inclusion k A Business Strategy t- • ASSSSSME Ar 0 `--A-11110 \[ Web-Based Survey 3 Participation Rate: 119/180 Employee 1-on-1 Interviews 3 28 Interviews Employee Focus Groups 3 22 Participants Department Head Interviews 3 7 Interviews Commissions Focus Group 3 4 Participants MAC Interviews 3 8 Interviews City of Brooklyn Center — Diversity & Inclusion Assessment — 4 6 Quarter — 2012 — Preformed by InclusionINC® ailOOKlig(. a R L171' CENTER Inclusion1Nr,..® Inclusion Is A Business Strategy 200CCLY 1\ C C-1 VMO RAN DC PRO1 Brooklyn Center Employees 0 It or) 91% White Employee Population Brooklyn Center Community 51% People of Color Community City of Brooklyn Center — Diversity & Inclusion Assessment — 4 th Quarter — 2012— Preformed by InclusionINC® Demographics of Who Took the Survey •Male El Female Demographics of Who Took the Survey •Gen Y Gen X L Baby Boomers ROOI:LY CENTER ncIusioriNL ,ncIttsion Is A Business Strategy • VVE D ° 3ASE D S f RVEY r=SU _-s Who took the survey? 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E ,... , CO c 4--i oj CC .— 4-1 a E ect .4.9 a..) cu c (pc E oC) ...o ra EDW(3) .-...., w" u a) rts EE >et' ..— .I c bA C 0a) (1)b-0(1) C n co (.0on c(o45c 4—, g) *pi) a) E E.I.i cv co 4-' o 0 8 E 0 u 0 8 0 2 a) ,;::.• • H • u-) InclusiorC®agig(• of ROOK LIN CENTER Inclusion Is A Business Strategy ci IDEPAIR -TviEN VI ILA\19 V IFR\PFWS Participation: 7 Department Heads were interviewed. Methodology & Process: InclusionINC used seven questions for this interview process. The questions were not provided prior to the interview in order to obtain candid and unscripted responses from those being interviewed. Strengths Dept heads are committed to the mission of BC They welcome an inclusive environment Believe top leadership is committed to inclusion Believe the employees of BC are hard working, flexible and open-minded Areas for Improvement Very little acknowledgement of the importance of diversity Lack of sensitivity/awareness of rapidly changing demographics and the challenges that presents Homogeneous in terms of race, gender, perspectives 51 City of Brooklyn Center — Diversity & Inclusion Assessment — 4 th Quarter —2012 — Preformed by InclusionINC® inclusionINC®ir00.A"r"L I 'A' CENTER Inclusion Is A Business Strategy Recommended Next Steps Department heads would benefit from having an understanding of inclusion and diversity and how each plays a part of a successful organization serving a very diverse community. Additionally, there is a need for better understanding of how workplace dynamics are impacted by inclusion and diversity. o Educate the department heads regarding inclusion and diversity including cross-cultural communication o Share information about how creating a culture of inclusion can help organizations become recognized as an Employer of Choice and/or a Great Place to Work o Help the department heads better understand their role in terms of promoting inclusion and diversity as a part of the emerging Brooklyn Center culture o Understand how to most effectively serve a continually growing diverse community o Develop a recruitment strategy that addresses how to effectively attract diverse talent - from both the local and general metropolitan communities 52 City of Brooklyn Center — Diversity & Inclusion Assessment — 4 th Quarter — 2012— Preformed by InclusionINC® ROOK Ll',V CENTER ncIusionINc® lnc!,isrin Is A Bt6ness Strategy • COMMS ON S rocus vo,? Participation: Chairs and Co-Chairs were invited. 4 participants attended. Methodology & Process: InclusionINC used seven questions for this interview process. The questions were not provided prior to the focus group in order to obtain candid and unscripted responses from the participants. Strengths •Provide an important pathway for communication to BC employees o Solid relationships between the commissions and BC employees have been developed with solid partnerships to various city departments ▪Felt that City Manager is key driver around change •Commission members felt the City Manager was clear in the intent to improve diversity at both the staff level and providing services to the broad community o Members have a fair understanding of inclusion and diversity in the workplace Areas for Improvement •Identified cultural awareness and sensitivity as an area for improvement o Could up-level the understanding of how diversity impacts employees and services provided to community o Minimal diverse representation on commissions 53 City of Brooklyn Center — Diversity & Inclusion Assessment — 4 th Quarter —2012 — Preformed by InclusionINC ® 3r(RclEts10A"ftwIA'Inclusion INC Inclusion Is A Business Strategy • Com miss bers Charter Commission Financial Commission Housing Commission Park/Rec Commission Planning Commission 15 87% 7 71% 5 80% 7 100% 7 71% Recommended Next Steps Members of the commissions would benefit from having a clear understanding of the role of city government as it pertains to meeting the needs of a growing diverse community - particularly as it deals with how to serve immigrants (i.e., New Americans). o Educate the commissions regarding inclusion and diversity including cross- cultural communication. o Share information about how creating a culture of inclusion can help organizations become recognized as an Employer of Choice and/or a Great Place to Work and ultimately positioning them to design and develop better services for the BC Community. 54 City of Brooklyn Center — Diversity & Inclusion Assessment — 4th Quarter — 2012— Preformed by InclusionINC® iJnclusionii WC'X6 ..K 1ROO LIN C1217TH IncItision Is A Bt}siness Strategy n 411 NW -OCU LTJA ADVOSOUr COPviPviFFE II IL JRV WS Participation: 8 interviews were conducted with members of the MAC. Methodology & Process: InclusionINC used nine questions for this interview process. The questions were not provided prior to the interview in order to obtain candid and unscripted responses from those being interviewed. Strengths Members of the Multicultural Advisory Committee are very positive regarding their role and level of participation with the Brooklyn Center Police Department particularly as it pertains to creating positive relationships between the Police Department and members of the diverse community MAC members have a good understanding of issues faced by BC police department Committed to engaging with the Police Dept to expand its understanding, outreach and services Areas for Improvement •Familiar with diversity but not inclusion o Members feel that their advisory should extend beyond the Police Dept o Encourage increased diversity on the police force to better serve diverse community •Elders in the immigrant communities are generally in favor of developing positive relationships with the Police Department but often have misperceptions and/or very negative experiences with Police in their native countries 55 City of Brooklyn Center — Diversity & Inclusion Assessment —4 th Quarter — 2012 — Preformed by InclusionINC® OROO'l:ft, I%' CENTER LiichiSk L7d1:„ NC® Inclusion Is A Business Strategy • Recommended Next Steps Members of the Multicultural Advisory Committee would benefit from having a facilitated session to develop understanding of the role of city government along with a better understanding of how the Police Department is integrated into the broader Brooklyn Center organization. 56 City of Brooklyn Center — Diversity &. Inclusion Assessment — 4 th Quarter — 2012 — Preformed by InclusionINC ® City of Brooklyn Center — Diversity & Inclusion Assessment — 4 th Quarter — 2012 — Preformed by InclusionINC ® IncIusiorNc®Xs of ROOKLIN CENTER Inclusion Li, A BUSilleS5 Sirategy lEA S 'FOR ftilP -cOVFAUNT Areas for Improvement Mostly white employees serving majority-minority population (91% white employees serving a 49% white community) Mostly white commission members Language barrier o Lack of bi-lingual employees o Employees unaware of translation services available How to serve immigrant ("New American") population •Less favorable responses received from women, fiscal & support services, and ADM o Lack of understanding of how I&D can help serve the community 57 ggifir', "r ROOK LIN CENTER .icI usionlNC® Inclusion Is A Business Strategy .5) • OVA -\\\I DA -110 Recommendations Short-Term o Cross Cultural Communication/I&D Learning o Communicate the business case o Commissions need to have diverse members o Create awareness around translation services that are available •Expand MAC concept to more than just Police Dept Long-Term o Develop recruitment strategy •Hire more bi-lingual talent •Build I&D Accountability for Leaders and Managers 58 City of Brooklyn Center — Diversity & Inclusion Assessment _4th Quarter — 2012— Preformed by InclusionINC® 1 c3-) L4-) c_o 6Cif Z. tx0 1—ct3CU_J 025 0 coLi 0 co 4—• a) 22 a) 0 ° —J c<'( 00 N. 0 0 o o o o o o o o o0000 o o o o cood Odd d d d d do moo N (.0 1-1) ro %-1 8 -d c,_1 ..9?. r,s, a CV O 1 450Uc'b.a0 -.t•-E I-,-,O 0aO.._.vi P. 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I I sp c"0 0 0 0 0 0 0 0 • 0 0 • 0 0 o0 o o o o o o o o o ci 0 0 0 0 0 0 0 cSo cn co r wLn m rJ —1 e ,e)0 0 0 0 0 0 0 0 0 0 00 o o o o o o o o o ocio a) c N s) if) m N -< '' ''8R ?)( '4,:' ,`' i':cl,'" c ,,:' .'' 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 o O c; c; C; ci O ci c; ci c; cio al oo r--- LE) V) ct ril c NI .—I x--I •;;; z airAp OR(11 IA!. 1 1. TV ITN 4iclusioniNC Inclusion Is A Business Strategy • 4,7v • lient Diversity and inclusion Audit Review completed June 2013 InclusionINC evaluates organizations readiness for serving diverse customers and stakeholders by evaluating existing internal infrastructure, policies, operational practices, and key activities. This portion of the Diversity and Inclusion initiative for the City of Brooklyn Center was conducted during the months following completion of the initial Assessment phase that started on September 2012. The Client Audit looks at the current status of an organization's readiness to promote a culture of inclusion in four broad areas: o Leadership and Organizational Commitment to Inclusion—How is the organization's leadership structured to support diversity and inclusion and how do its leaders hold themselves accountable to creating an inclusive culture through key activities and strategies conducive to promoting diversity. o Human Capital—Does the organization have the human capital necessary to address its diverse customers and is it actively looking for a way to attract, retain and manage a diverse workforce? o Business Linkage/Stakeholder Engagement—Does the organization actively promote the business case for diversity and inclusion and take active steps to foster effective stakeholder engagement? This audit involved gathering available documents and materials from various sources at the Brooklyn Center City office made available by the HR Director, reviewing the city's website and interviewing key staff. Some documents were already in existence while others had to be manually prepared, and/or updated and others had to be created as a result of prompting important considerations for Brooklyn Center's overall readiness to address diversity and inclusion as a part of this Audit. In fact, a significantly revamped Strategic Plan for the City was made available towards the end of gathering these materials which provided additional information and insights as to how Inclusion and Diversity were being factored into the City Manager's overall business plan for the City. At the center of Brooklyn Center's strategic plan, is a strong desire by the City Council and City Manager to create an organization that has the capacity to serve the growing diversity of the community and to attract a more diverse workforce. Equally important is the recognition that employees need to feel valued for their efforts. It is understood that this will insure that employees are fully engaged in their roles so that productivity and innovation are optimum. In order to move the organization in this direction, the City Manager emphasized that this could not be done simply by recruiting more diverse staff. This also meant having a work environment that was welcoming, inclusive and valued peoples' differences. The City also needed to 1 Brooklyn Center and InclusionINC CONFIDENTIAL ar I a 1116,11A1,11 .1 (111ER Indusionl NC° Inclusion Is A Business Strategy . create a plan that would enhance their efforts by focusing on being more responsive to residents to ensure that they received the best possible service from the City. Specifically customer service to a diverse population would require an employee group that was culturally aware, sensitive and unbiased. The importance of thoroughly examining internal infrastructure, processes and procedures affords the opportunity to determine if there is alignment with the overall thinking and direction of the City's efforts addressing inclusion as an organization strategy. Below is an analysis of those processes, procedures and documents that were made available for this assessment. This audit sees the organization's readiness and capacity to promote inclusion and diversity as well as identifying those processes that may hinder the City's progress in reaching its goals to create an inclusive workplace culture. It is the intent of this audit to find clear avenues for workplace practices that are respectful and add value each individual employee's attributes and contributions to the overall success of the organization. For each section of the audit, key recommendations will be outlined. For ease in prioritization, each recommendation will be identified as short-term or long-term and by level of impact. Recommendations identified as short-term are items that could be implemented with limited resources. Those identified as long-term are items that will need to be implemented over an extended period of time. The level of impact identified will help prioritize which recommendations will create the highest impact for Brooklyn Center. An Overview of Brooklyn Center's Demographic Landscape In order to conduct a cultural audit, it is key to first look at the broader context in which the organization exits and the factors impacting its operations and its ability to serve its customers. Brooklyn Center has had a significant change in its overall population over the past four decades and has one of the fastest growing diverse communities in the surrounding Twin Cities' metropolitan area. The US Census (Figure 1) reflects relatively no growth in total population between 2000 and 2010 showing that the city went from 29,172 to just 30,104 residents. However the diversity of its residents has greatly changed. As a result, Brooklyn Center is currently a "Minority- Majority" city. Specifically, in comparing the Census between 2010 and 2000, there have been significant changes in the percentage of White, African American, Hispanic/Latino and Asian populations with the emergence of a Liberian Community that continues to grow each year. RACE White African American Hispanic/ Latino Asian/ Hmong Pacific Islander Native American 2010 49.1 25.99.6 14.3 .1 .8 2000 71.4 14.1 2.8 8.8 1.5 .9 Figure 1: Demographic composition of Brooklyn Center between 2000 and 2010 Source: US Census 2 Brooklyn Center and InclusionINC CONFIDENTIAL or /WU/All 1 .% rER InclusionINC Inclusion Is A Business Strateoy 4) LEADERSHIP AND ORGANIZATIONAL COMMITMENT Or anizational Chart Re ortin Structure One of the key ways to look at the organizational commitment to inclusion is to look at how the organization is structured and key reporting relations that support collaboration, cooperation and inclusion. Nine organization charts were provided for the entire Brooklyn Center city structure with clear identification of reporting relationships by each of the functional departments. This included the following departments: •City of Brooklyn Center •Administration O Building & Community Standards o Business & Development o Community Activities & Recreation Services o Fiscal & Support Services O Fire o Police o Public Works The City of Brooklyn Center is consistent with a traditional public sector hierarchical reporting structure with the various functional service departments reporting up to the City Manager. The Human Resources Department provides overall guidance and direction on talent management including recruiting, staffing, and employee performance reviews. This is a particularly important area of creating an engaging and respective workplace as well as a workforce that is reflective of the community it serves. Inclusion is just becoming part of the conversation as it relates to talent management. Mission/Vision/Value Statements Brooklyn Center's 2012 draft version of its Strategic Plan contains clear statements focused on Mission and Values for the city. Some efforts are taking place to revise the City Mission Statement to specify that the City would be "inclusive" and "for all people." Additionally, Inclusion was listed as one of the core values. The Plan also provided a listing of eight strategic priorities along with five ongoing goals, desired outcomes and success targets. These statements provided a framework for the vision and direction of how Brooklyn Center would address the various issues of its stakeholders (residents, businesses, faith-based organizations and schools). Only one specific reference to valuing and benefitting from the community's demographic makeup and cultural diversity was listed. Moreover, the actions identified in the Strategic Plan associated with this goal did not provide specificity in terms of how this would produce measurable outcomes. While the Plan had references to the aging population, youth and how all demographic groups 3 Brooklyn Center and InclusionINC CONFIDENTIAL 1111011A1 I (J% FFR • Inclusion Is A Business Strategy would be included, it did not specifically list race, gender, ethnicity, religion, sexual orientation or other cultural groups. The 2012 revised plan also contains a SWOT analysis (Strengths, Weaknesses, Opportunities and Threats) for the purpose of helping to determine the key priorities for the City. Many of the issues identified in this SWOT are consistent with the initial Inclusion Assessment conducted previously. In addition, there are now Key Performance Indicators (KPI) that will be used to measure the progress being made towards the goals set by the City. This type of accountability provides an important alignment of inclusion and diversity related matters to overall performance standards for the each of the functional departments. The highest priority in the Strategic Plan is listed as Civic Engagement and has five directives or goals that focus on: Inclusion, Communications, Understanding, Culturally Sensitivity, and Cooperation and Collaboration. These are all very positive indicators regarding Brooklyn Center being intentional in its efforts to advance inclusion and diversity throughout the organization. This strategic framework provides the direction for how the City will design, develop and deliver its services for the next three years. Definitions of Inclusion Diversity and Cultural Agility Brooklyn Center does not have formal definitions of inclusion, diversity or cultural agility and this is of great concern. In order to inspire a workplace culture of inclusion, it is essential for there to be clear working definitions of these in order for staff to be held accountable to the behaviors that support inclusion. We emphasize cultural agility out of respect for the very real challenge of comprehensive cultural competence. Instead we recommend a statement about the value of cultural agility--the ability to see individual situations or conditions through the lens of various cultures and to have some ability to address the situation with sensitivity to the many cultures in a community. Cultural agility is a skill that can be taught and should be part of ongoing professional development efforts for all staff. EEO/AAP Equal Employment Opportunity and Affirmative Action Program Brooklyn Center has a Declaration of Affirmative Action Policy in the city employment guidelines. This language provides an overview of the City's requirement to follow federal, state and local directives and regulations set forth by appropriate agencies. Specifically it contains a description regarding discrimination, Equal Opportunity Employment and other AAP/EEO related policy. The Human Resources Director provides oversight of the City's EEO/AAP program including monitoring all EEO activities and reporting the effectiveness of their AAP program as required by federal, state and local agencies. The City Manager also receives and reviews reports regarding the progress of their program and ensures compliance. 4 Brooklyn Center and InclusionINC CONFIDENTIAL TIP Inclusion Is A Business Strategy t; •Inclusion co Leadershi. Demo Manager Cit Council and Commission Demographics Brooklyn Center is lacking in cultural diversity at its senior leadership levels. While the City Manager is an African American male, the Mayor is a White male and the four City Council members are also White (three females and one male) with an average age of 62. There are also five different Commissions that primarily provide policy advice and input into City operations. At the time this information was gathered, there were 44 total members for these different Commissions and of these only 7 out of the 44 members are non-white. One particular Commission (Park & Recreation) has no racial diversity with the other Commissions having one or two racially diverse members. Based on the fact that Brooklyn Center is now a Minority-Majority city this represents a significant gap and poses a significant challenge in assessing and responding to the needs of a diverse constituency. Given the key roles of the various commissions in designing and managing key community services, Brooklyn Center is at risk of failing to understand the unique perspectives of its diverse residents. D&I Council Currently Brooklyn Center does not have a designated Diversity and Inclusion Council. Leadership and Organizational Commitment Recommendations 1.Brooklyn Center could promote greater inclusion by having a well-crafted definition of diversity and inclusion and setting key goals and metrics that support inclusion. Short-Term High-Impact 2.Brooklyn Center may want to form an internal D&I Council to oversee this important initiative. Short-Term Moderate-Impact 3. Brooklyn Center would greatly benefit from examining their commissions system. Increased diverse participation or possibly a new system would improve the role of the commissions in better serving the community. Long-Term High-Impact 5 Brooklyn Center and InclusionINC CONFIDENTIAL re, 0/ 1111010.1 I .1 'I% TER inclusionhisIC IndUSIOrt Is A Business Strate9y • HUMAN CAPITAL Employee Code of Conduct The Employee Handbook contains 12 sections as follows Purpose; Definitions; Conduct and Ethics; Recruitment/Employment; Employee Compensation; General Benefits; Leave Benefits; Light Duty; Separation From Employment; Tuition Refund Program; Records and Reports; and, Expense Reimbursement. Most organizations list inclusive behaviors and respect for diversity under Conduct and Ethics but this is not the case at Brooklyn Center other than one specific reference to a Sexual Harassment policy. A definition of sexual harassment is included with a listing of examples of this type of behavior. Reporting procedures are included along with investigation and recommendation steps. Effectively, this policy covers all employees (i.e., regular full and part-time), of Brooklyn Center and each employee is required to become familiar and comply with this policy, it does not cover Elected officials, Members of boards and commissions; Volunteer members of the Fire Department; City Manager; City Attorney; Contractors; and, other positions so designated. The handbook also has provisions for each department to create its own policies and procedures as long as these are not in conflict with the handbook. No specific guidelines are provided other than changes must be approved in writing by the City Manager prior to implementation. This provision poses a potential risk for Brooklyn Center as it seeks to uniformly engage a diverse workforce. It should be noted that the Personnel Rules and Regulations document provided for review was dated November 2005. The current Employee Handbook is outdated and needs to be expanded and specifically with better alignment to the City's future focus and direction on organizational culture and value proposition to its key stakeholders. Additionally, Brooklyn Center's new strategic plan has Key Performance indicators that suggest an emphasis greater accountability and performance measurements (i.e., Key Performance Indicators) focused on civic engagement, inclusion, communication, understanding, culturally sensitive plus cooperation and collaboration. This suggests that the Employee Handbook needs to have sections providing descriptions for appropriate behaviors associated with each indicator. In order to foster a culture of inclusion, Brooklyn Center has missed an opportunity to inform its employees about key behaviors expected of them to demonstrate respect for differences. There needs to be a clearer understanding of what constitutes acceptable and/or unacceptable behavior. This information should also be consistent with the organization's stated values. Current conversations are under way to invest in consulting services to revise this document. 6 Brooklyn Center and InclusionINC CONFIDENTIAL mr, ■Triv Inclusion INC Inclusion Is A Business Strategy • • Employee Demographics (EEO-4 _Report) The EEO-4 Report provided for this cultural audit reveals the following employee characteristics: Employment Category o Union / Non-union status 71/313 (including part time and full time) o Full Time / Part Time status 154/230 o Exempt / Non-exempt 35/326 (including full and part time/union - non-union) Physical Primary location(s) o City Hall o Police Department o Fire Department o Earle Brown Center o Centerbrook Golf Course o BC Liquor In order to effectively promote and advance inclusion and diversity within the City's organizational structure and with clearly understood goals and objectives, the overall employee profile listed above needs to better reflect the communities served. According to the annual EEO-4 Report, there are gaps in various job categories that need to be addressed. Once this is done, there will be greater clarity for the City, as a whole, to identify ways to more effectively recruit diverse candidates as well as determine more effective strategies for developing, growing and advancing women and employees of color. Job Descriptions (By level of responsibility) Brooklyn Center has position descriptions for each department head as well as full and part time managers. None of the descriptions address any sort of accountability for creating a diverse workforce or ensuring that the workplace is welcoming, respectful and engaging. It will be difficult to fully engage various business leaders with a common understanding of inclusion without having this type of language contained in these descriptions. Achieving certain levels of success for enhancing the organization's culture will need to be clearly spelled out and then incorporated into each of the leader's overall responsibilities as a manager. Job Posting Process The HR Director provided a one-page document describing the basic Job Posting Process used throughout the City organization that includes a preference for hiring veterans. Additionally, various other documents were provided including a Request for Position (i.e., Staffing Request), applicant evaluation score sheet, and Application for Employment. 7 Brooklyn Center and InclusionINC CONFIDENTIAL 1 .1 ITR InclusionrhiCu Inclusion Is A Business Sirategy • While there is mention of using the local ethnic/minority focused newspapers and various media outlets for sourcing candidates, there is no emphasis regarding the need to create a diverse candidate pool for each position. Furthermore, job postings do not require specific skills that address the needs of the growing diverse demographic of residents who are served by the City. The posting process leaves it up to the discretion of the hiring department to source candidates. As such, this approach does not bring about a consistent approach throughout the entire organization for recruiting, sourcing, and interviewing qualified candidates for employment. Recruitment Stratcjies and Tarcj eted D I Recruitment Efforts Over the years, the City has used a variety of channels for targeting potential employees in diverse communities around the Twin Cities. This includes information distributed via local ethnic community newspapers, email campaigns, or local civic and non-profit associations. Additionally, employees are encouraged to network and share information regarding the various employment opportunities available throughout the local community and Twin Cities metro. At this time, a formalized diversity recruitment strategy does not exist except for the priority given to hiring Veterans. As such, there is a lack of documented evidence at the hiring manager level regarding any emphasis on creating a workforce that is reflective or the communities served. Recruitment efforts for attracting diverse candidates have not been consistent throughout the organization and there has not been any significant ongoing/sustained success. It is also important for the organization to understand and distinguish this type of proactive approach versus compliance with Affirmative Action/Equal Opportunity requirements. In consideration of the organization's emerging focus around creating a workforce profile that is consistent and reflective of the local population, there is a need for reviewing and revising the Recruitment/Employment section of its Personnel Rules and Regulations. It is very important that these rules and regulations provide clarity around the need for targeted recruitment and how this will be consistent with the future direction of the City's efforts to have a workforce profile that more reflects the population demographic. Standards need to be included in this section to create consistency throughout the organization and to better align the hiring practices to general policies. Performance Mana ement Guidelines Brooklyn Center has a uniform Performance Self-Assessment document that is used for all employees. However, it is used at the discretion of the department leaders. There are separate Employee Evaluation Forms used in each department and unfortunately on a handful have reference to an employee's ability to communicate 8 Brooklyn Center and InclusionINC CONFIDENTIAL Il011A•1 1% i'f .% I InclusioniNC Inclusion Is A Business Strategy with diverse audiences. These various evaluation forms also have different rating guides which suggest that employees are not consistently held accountable to the same standards across departments. This is a concern that has surfaced by the City Manager and together with the Human Resources Director a more standardized process is being sought The lack of consistency in how performance evaluations and reviews are conducted creates a potential barrier to the effective utilization of all Human Capital. In particular, performance guidelines would help the total organization identify those whose work performance excels, meets standards or needs further development and assistance. Performance guidelines need to be unified as they are implemented across the entire organization and to help identify emerging talent for upcoming opportunities within the organization. Without consistent guidelines, each functional component of the organization is able to assess work performance in its own way that will likely not support the continued efforts to create an inclusive and valuing work environment. Internship Program Guidelines Brooklyn Center has no formal internship program but does work with a local nonprofit, Tree Trust for occasional internships that may become available for unique programs or during the summer months. By providing expanded internship opportunities, the City would be able to tap into a broader range of local diverse candidates as well as those throughout different parts of the Twin Cities metro. A closer review of available intern programs should be done to determine access to resources that currently exist. These programs could be set up to create a pipeline of future talent for various types of employment opportunities within the City. Particularly in the Parks and Recreation areas — gaining access to diverse students either through local schools, churches or other agencies is quite possible. D&I Metrics Other than the EEO-4 Report that is compiled every other year, there are no formal D&I metrics established to look at retention rates by employee groups or to understand the succession of diverse candidates into leadership roles. Retention Programs: Mentorinq and Sponsorship Brooklyn Center does not have a formal retention program in place that is comprised of mentoring for new employees or sponsoring those who might be considered high potentials for succession plans. Currently, no specific retention programs exist within the City organization. However, for purposes of better understanding why there are higher rates of attrition among various employee groups (i.e., particularly women and/or people of color), efforts 9 Brooklyn Center and InclusionINC CONFIDENTIAL fiR(//)A1 el.1 rEa Inclusion Inclusion Is A Business Strategy should be determine the specific causes. Once this is analysis has been completed, a close look at the various types of retention programs should be considered. This includes either internally developed or externally available programs. The benefits and value of addressing retention issues goes well beyond just the financial implications associated with losing valued employees. It also includes such factors as image, reputation and brand of the City among its local residents and beyond as an Employer of Choice and/or viable place to work. Mentoring Programs Mentoring programs can be an effective way to address higher rates of loss, particularly for employees of color and women. Not only are these types of programs helpful in addressing issues such as retention but can also be effective in terms of helping to identify the types of personal and professional development activities as well as enhancing advancement for specific targeted employees. Consideration should be given by the City as regarding the overall importance of retention strategies to help reach its overall goal of developing a welcoming and respectful workplace environment. Turnover Data While Brooklyn Center produces an attrition trend report every other year, there is no evidence this report is used beyond the city's annual EEO/AAP reporting requirements. Specifically, no reporting is available regarding specific actions focused at analyzing the reasons/causes for higher attrition rates pertaining to certain employee groups (i.e., race or gender). As the City focuses its efforts around enhancing the organizational culture, there is an opportunity to explore the overall value of how a culture of inclusion promotes retention and requires a much closer look at the turnover data that is compiled annually. Work-Life Policies There is no specific policy covering Work-Life issues but some efforts are currently in place to address this in the Personnel Rules and Regulations. In its current form, Section 7 covers an extensive list of benefits including official holidays, personal floating holidays, vacation leave, sick leave, funeral leave, military leave, jury duty, election day leave, school conferences and activities leave, parenting leave, leaves of absence, sickness, and Family Medical Leave policies. Brooklyn Center even offers leave options due to inclement weather. Given the city's objective to be seen as an inclusive workplace environment, it is unfortunate that there are no clearly defined provisions that address time off or leaves for either child adoption and/or domestic partner benefits. Specifically, Work 10 Brooklyn Center and InclusionINC CONFIDENTIAL IfiROIW IA CIA/TR InclusionINC Inclusion Is A Business Strategy it • Life policies recognize the unique needs of employees and can provide benefits to help employees balance their professional and personal commitment including flexible hours, child-care considerations, other. Ultimately, flexible work arrangements promote valuing employees and help to enhance an employees' overall commitment to the success of the organization as well as improving productivity, engagement and retention. Professional Develop ment and Diversity Training Each department appears to approach employee development and training independently with no overall coordination within the total organization. Some coordination does exist, however, for securing speakers for training sessions, workshops or seminars. Unfortunately, there is no master learning plan or core professional development strategy for employees. There has also not been any diversity or inclusion training completed in the past five years. Business Resource Groups Information During the past 20 years, many corporations and public agencies, who have very diverse employee populations, have used and benefited from creating employee resource groups, employee affinity councils and now business resource groups. Their benefits range from improved recruitment and retention of key demographic groups to opportunities for professional development. Currently, Brooklyn Center does not utilize business resource groups. Past Employee Survey Data In 2008 an all-employee survey was conducted that addressed a broad range of questions focusing on gathering feedback by employees covering such topics as: Salary, Benefits, Work Duties, and Management/Employee Relations. Additionally, there were questions seeking employee perceptions regarding what they like most or least about working for the City of Brooklyn Center. The survey also reviews employee recognition programs and/or events and whether these serve as incentive for employees. Key questions in the survey included: Is there sufficient professional development and training opportunities? What types of professional development and training would be useful? What are the biggest challenges facing the City (in the next 3-5 years)? Would you participate in employee functions outside of normal working hours? In 2012, a Wellness Program Evaluation/Survey Report was conducted regarding an Employee Meeting. The Wellness survey was conducted by an external vendor and included 49 participants. The purpose of the survey for the Employee meeting sought feedback on the value of the meeting to employees overall A review of the survey findings did reveal a number of remarks made by employees pertaining to how they felt about working at Brooklyn Center along with various comments regarding the 11 Brooklyn Center and InclusionINC CONFIDENTIAL raj a /010/3A1 A /TR •InclusloW NC inclusion Is A Business Strategy • workplace. As a follow-up action, the HR Director indicated that there were plans to check additional responses that were gathered through Survey Monkey regarding holidays as well as various other aspects of the work environment that relate to diversity and inclusion issues at Brooklyn Center. Unfortunately none of the previously conducted surveys have focused specifically on diversity and inclusion although there are comments included that touch on the challenges due to barriers in working with the growing diversity of community constituents. This information needs to be explored further in order to better position the City for more effectively addressing the changing needs of those currently living in Brooklyn Center as well as the continuing growth of diverse residents in the future. Talent Management/Promotion Policies and Procedures Nothing formal has been established to address the development of a pipeline for future leadership across all departments. Succession planning in general is key to securing the future of any organization. The opportunity to see growing diversity in key leadership roles can only take place if efforts are made to increase diverse high potential talent in the succession planning process. It is critically important for the City to have in place formalized policies and practices that focus on the continuing growth and development of all employees and specifically for those employee groups that feel less included and less valued. D&I Related Awards received b the Client Or. anization Brooklyn Center has not received any awards related to Diversity and Inclusion efforts. Human Capital Recommendations 1.Brooklyn Center should revise the employee handbook to reflect the organization's value of diversity and commitment to inclusion. Short-Term Moderate-Impact 2.Brooklyn Center should continue recruitment efforts with the long-term goal of better serving and mirroring their community. Long-Term High-Impact 3.Brooklyn Center should add standard language around inclusion and cultural agility to all job descriptions. Short-Term Moderate-Impact 4.Brooklyn Center should begin training and development of all staff especially around the topics of inclusion and cultural agility. Short-Term High-Impact 5.Brooklyn Center should incorporate inclusion behaviors into the performance management system for managers. Short-Term High-Impact 6.Brooklyn Center may want to formalize internship guidelines. Short-Term Low- Impact 12 Brooklyn Center and InclusionINC CONFIDENTIAL Good Thing 32% Both 17% 2008 Both 52% 2012 Unsure 4%Unsure 12%Bad Things 23% Mh9 I nal .1 (F81111 InclusionE Inclusion Is A BuL;iws!ss Strategy t• 7.Brooklyn Center can improve its pipeline of future leaders through formal mentoring, sponsorship and promotion programs. Long -Term Moderate-Impact 8.Brooklyn Center may want to create and implement some work/life policies. Long- Term Moderate-Impact 9. Brooklyn Center may want to form Business Resource Groups to increase employee engagement and meet specific business goals. Long -Term Low-Impact BUSINESS LINKAGE/EXTERNAL STAKEHOLDERS Communit Encia ement and Public Affairs In 2012, Brooklyn Center conducted a community survey to assess the quality of life and satisfaction with the services provided. The survey reveals that residents are overall positive about the community and share concerns for crime, code enforcement, and reduced revenues. This survey also asked whether participants see growing diversity as a good or bad trend. Figure 2 below summarizes the outcome: Figure 2: Community survey question on perception of diversity in Brooklyn Center as a good or bad thing. Source: Decision Resources, Ltd Although the percentage of the community that saw diversity as a good thing declined, the percentage that saw it as a bad thing also dramatically declined. This decline in negative views of diversity coupled with the results seen in figure 3, on page 14, show that the community believes that Brooklyn Center is increasingly prepared for the growing diversity. 13 Brooklyn Center and InclusionINC CONFIDENTIAL Prepared for Growing Diversity 2012 City of Brooklyn Center Very Well Somewhat Well Not Too Well Not At All Well Unsure •2008 Study 02012 Study 0 10 20 30 40 50 60 70 PRWOA11% InclusioniINC° Inclusion Is A Business Strateoy • • Figure 3 highlights the community's perception of how ready the city is for the growing diversity. Source: Decision Resources, Ltd In the past, Brooklyn Center has published a brochure that contains information regarding the many resources available to residents including services and programs provided that is called Your Official Community Resource & Residents. For future brochures, Brooklyn Center should consider how to communicate that the changing demographics of Brooklyn Center are a genuine benefit for the community. By enhancing this document, the City could use it as an effective tool for advancing and promoting how it values the current and changing diversity of the City. Supplier Diversity Program In No formal supplier diversity program exists but a purchasing policy is maintained at the department level for ordering supplies. Supplier diversity programs have the benefit of increasing competitive bidding for city required benefits and services and accelerating the growth of small businesses in minority neighborhoods. The growth of these businesses is part of every community's economic engine. This is a significant opportunity for the city that needs further attention. Multicultural Marketing The City's website paints a very positive picture about the community's recreational facilities, the vibrancy of its business environment, and the quality of housing. There is also a video for the Earl Brown Center that provides information regarding the various services available including various cultural/ethnic oriented services. Unfortunately, very little is said about the diversity of the community as an asset and nothing is said about the City's commitment to make diversity its celebrated strength. The City has an opportunity to more effectively promote how its services are 14 Brooklyn Center and InclusionINC CONFIDENTIAL alirp BROOM I (TATER InclusionHC Inclusion Is A BusIness Strateov designed with the intent of addressing specific diverse segments of its community. This should also be tied to the emerging focus adopted by the City Council and included in the revised Strategic Plan for the City around enhancing Stakeholder Value—its residents, businesses and nonprofits that call Brooklyn Center home. With the significantly changing demographics of the community, the City needs to better align its actions around greater understanding of the changing needs of its local residents through deeper engagement of analyzing these needs to enhance the design, development and delivery of its respective services. Philanthropy and Community Grants The city provides small grants for CDBG funds to eligible low/moderate income seniors, immigrants, renters and other qualifying populations. This is in alignment with the overall diversity and inclusion vision for the city of Brooklyn Center. The city could consider small grants for community groups that encourage cultural celebrations and key opportunities for investing in social capital. Community Engagement Recommendations 1.Brooklyn Center should make revisions to their website to communicate that diversity in the community is an asset to be valued. Short-Term Moderate-Impact 2.Brooklyn Center may want to create a supplier diversity program. Long-Term Low- Impact 3.Brooklyn Center should strive to gather more feedback from the community through focus groups and other feedback mechanisms.. Long-Term High-Impact 4.Brooklyn Center could provide a calendar of activities that celebrates diversity as a way to communicate its value and commitment to inclusion. Long-Term Moderate-Impact 15 Brooklyn Center and InclusionINC CONFIDENTIAL o/ liRODKI P % ;EWER Inclusion4C° Inclusion Is A Business Strategy CONCLUSION In reviewing and analyzing the city's website, interview notes, and various documents provided for this audit there are a number of noticeable gaps in what is written on paper versus the emerging focus around inclusion, engagement and diversity. Specifically, these gaps represent a lack of alignment to the language and/or emphasis included in the latest version of the City's Strategic Plan. As a result, there are opportunities for revising these documents to contain language that is more consistent with the Strategic Plan as well as the direction expressed by the City Manager regarding the need to create a working environment that is inclusive. The opportunity for the City to be seen as both an Employer of Choice and Great Place to Live will be enhanced through the improvement of these policies and procedures. Today, without having the proper language in place for these policies and procedures, - it is challenging to create accountability at the department level due to a lack of standards that apply all across the City. Addressing these gaps, issues identified in this report, along with findings from the overall assessment, can help to create greater leadership awareness and accountability across the entire City. As such, focusing their collective efforts on advancing inclusion, engagement and diversity can become more of a common cause for all parties involved. Below is a summary of the top five recommendations that Brooklyn Center should address in moving forward with creating a culture of inclusion. 1.Brooklyn Center could promote greater inclusion by having a well-crafted definition of diversity and inclusion and setting key goals and metrics that support inclusion. Short-Term High-Impact 2.Brooklyn Center should begin training and development of all staff especially around the topics of inclusion and cultural agility. Short-Term High-Impact 3.Brooklyn Center should incorporate inclusion behaviors (holding department meetings, creating a mechanism for employee feedback, etc) into the performance management system for managers. Short-Term High-Impact 4.Brooklyn Center should continue recruitment efforts with the long-term goal of better serving and mirroring their community. Long-Term High-Impact 5. Brooklyn Center should strive to gather more feedback from the community through focus groups and other feedback mechanisms. This may also happen through analyzing and restructuring the commissions system. Long-Term High- Impact 16 Brooklyn Center and InclusionINC CONFIDENTIAL