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HomeMy WebLinkAbout2015 05-11 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION May 11, 2015 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. City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center May ll,2015 AGENDA 1.Informal Open Forum with City Council - 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2.Invocation - 7 p.m. 3.Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4.Roll Call 5.Pledge of Allegiance 6.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1.April 27, 2015 - Study Session 2.April 27, 2015 - Regular Session b. Licenses Approval of Request for Proposals for Banking Services d.Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2015-05, 06, 07, and 08, 63rd Avenue Street and Utility Improvements e.Resolution Authorizing the Execution of an Amendment to the August 27, 2009, Trailway Cooperative Agreement between Three Rivers Park District and the City of Brooklyn Center f. Application and Permit for Temporary On-Sale Liquor License Submitted by The Loppet Foundation for an Event to be Held at Surly Brewing Company, 4811 Dusharme Drive, Brooklyn Center, on October 24, 2015 CITY COUNCIL AGENDA -2- May 11, 2015 g. An Ordinance Amending Chapter 6, Section 6.02, Subdivision 3, of the Brooklyn Center City Charter —Motion to approve first reading and set second reading and Public Hearing for June 8, 2015. 7. Presentations/Proclamations/Recognitions/Donations a.Resolution Expressing Recognition and Appreciation of Scott Burfeind for His Dedicated Public Service on the Planning Commission Requested Council Action: —Motion to adopt resolution. b.Resolution Expressing Recognition and Appreciation of Zachary Marko for His Dedicated Public Service on the Housing Commission Requested Council Action: —Motion to adopt resolution. C. Resolution Recognizing May 10 through May 16, 2015, as Police Week and May 15, 2015, as Police Officers Memorial Day Requested Council Action: —Motion to adopt resolution. 8. Public Hearings —None. 9.Planning Commission Items —None. 10.Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.4809-11 Twin Lake Avenue North, Lake Shore Apartments 2.6021 Emerson Avenue North 3.6777 Humboldt Avenue North 4.Resolution Approving a Type IV Rental License for 5800, 5830 Logan Avenue North, The Lilacs 5.Resolution Approving a Type IV Rental License for 1320 68th Lane North 6.Resolution Approving a Type IV Rental License for 6400 Noble Avenue North Requested Council Action: —Mayor poll audience for applicants to address Council. —Receive staff report. —Motion to open hearing. —Receive testimony from applicants in order. —Motion to close hearing. —Take action on rental license applications and mitigation plans. CITY COUNCIL AGENDA -3- May 11, 2015 b. Resolution Providing for the Competitive Negotiated Sale of $7,035,000 General Obligation Utility Revenue Refunding and Improvement Bonds, Series 2015A Requested Council Action: —Motion to adopt resolution. Resolution Providing for the Competitive Negotiated Sale of $6,830,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2015B Requested Council Action: —Motion to adopt resolution. 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 APRIL 27, 2015 CITY HALL - COUNCIL CHAMBERS *I m (IIiJ1UI' The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Public Works Director/City Engineer Steve Lillehaug, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Brittney Berndt, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested discussion on Consent Item No. 6e, page 10 of the Joint Powers Agreement, Subdivision4, and noted there is a typo "Ce" which should be reflected as "be". Councilmember Ryan asked why the language of the terms for the Commissioners hasn't been changed in the new agreement and still lists original termination dates. City Manager Curt Boganey stated that the original language has not been changed. The only thing being done is to extend the agreement for another ten-year period. The termination dates will continue to be staggered such as they have been since the first agreement. Councilmember Ryan concurred. Mr. Boganey indicated he sent out a revised update of the 2016-2018 Strategic Priorities and Strategic Plan. The most significant change made is "Strengthening and Empowering Youth" subject in which the Brooklyn Alliance's mission statement has been adopted. The City has decided that since the Brooklyn Alliance has played a role in how to shape the youth, it would be fitting that the mission statement be reflected in the strategic plan. MISCELLANEOUS Format of Joint Commission Meetings Councilmember Graves mentioned that after attending the Joint Commission Meeting she would like to see a more social atmosphere for future years. She mentioned that after talking to a few other Commissioners they would rather see more of an interactive meeting than how it was presented this year. 04/27/15 -1- DRAFT Mr. Boganey stated that meeting can be changed how the Council sees fit for the future. He also pointed out that a survey will be going out to those in attendance asking for suggestions on how to make future meetings more productive and pleasant. Retirement of Police Chief Councilmember Lawrence-Anderson brought up the fact that the Police Chief will soon be retiring and that the Council would like to have a conversation about his replacement and how that person will be found. Mayor Willson pointed out that the job of hiring the next Police Chief rests solely with the City Manager. Mr. Boganey agreed to sit down with any of the Council members and discuss the parameters that will be used to hire the Police Chief. Mr. Boganey mentioned that the current Chief is looking to retire in August so there is some time to find the right candidates, since it is not in the City's best interest not to have this position filled. Mayor Willson mentioned if the new Police Chief could have some time in the position before Police Chief Benner retires it might make for a smoother transition. Mr. Boganey agreed that depending on the candidate's preference, having the current Police Chief there for questions could be a good idea. Crime Prevention Golf Tournament Councilmember Ryan received a call regarding the Golf Tournament for Crime Prevention to see if the Council would be interested in sponsoring a hole again this year. Last year the Council each gave $25 to the cause. The Council concurred that they would participate in the Golf Tournament this year and Mayor Willson pointed out that he already is sponsoring a hole on his own. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS -None ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded to close the Study Session at 6:26 p.m. Motion passed unanimously. 04/27/15 -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 REGULAR SESSION APRIL 27, 2015 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Troy Gilchrist and Brittney Berndt, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Don Johnson, 6230 Noble Avenue North, stated they have been residents for forty-nine years and wanted to put a sandwich-board sign in front of their pizzeria to enhance business as it has shown to increase customers throughout the day. He asked the City Council to take the Sign Ordinance into consideration in this case. Mayor Willson referred Mr. Johnson to make an appointment with staff. Rick Jewell, 6562 Willow Lane N., stated that the two meetings he attended pertaining to Highway 252 were rushed and the citizens felt the City was disrespectful regarding their feelings and opinions. Steven Schendel, 7242 Willow Lane N., stated he felt the intersection at T.H. 252 and 66th Avenue N. is one of the most dangerous intersections in the State of Minnesota and expressed his concerns for the lack of input that the City was taking when making decisions that were going to affect the neighborhood. Mr. Schendel suggested a blinking sign could be used to warn drivers that they will not be able to make it through the intersection before the light turns red. Allan Olson, 7124 Willow Lane N., expressed his concerns that the City was not suggesting ideas on how to address the citizens' safety concerns regarding the intersection at T.H. 252 and 66th Avenue N., suggesting again that blinking lights should be placed at that intersection. 04/27/15 -1- DRAFT Mark Armstrong, 7112 Dallas Road, inquired if there was a three-day rule in which the City needs to make all public hearings available to the public. City Manager Curt Boganey stated that there is no current timeline for meetings but City staff will be making the recommendation to City Council that we hold at least one additional meeting with the community. When this item is brought before the City Council it can be found in the full City Council Agenda posted to the City's website. Neal Hayford, 7111 B Riverdale Rd., submitted a petition signed by local citizens requesting that the City slow down and listen to the residents and how these changes might be affecting them. Mayor Willson closed the Informal Open Forum at 7:06 p.m. 2.INVOCATION Councilmember Graves requested a moment of silence and personal reflection as the Invocation as she read a poem in honor of her son turning 14 years old. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:06 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Troy Gilchrist and Brittney Berndt, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Myszkowski moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.April 8, 2015 - Joint Session with Commissions 2.April 13, 2015 - Study Session 3.April 13, 2015 - Regular Session 4.April 13, 2015 - Work Session 5. April 20, 2015 - Board of Appeal and Equalization 04/27/15 -2- DRAFT 6b. LICENSES FIREWORKS-PERMANENT STRUCTURE Target 6100 Shingle Creek Parkway MECHANICAL Craig Heating and Air, LLC Ductworks Heating & Cooling Infinity Heating & Air Conditioning LLC Phoenix Asset Holdings Inc d/b/a Bluewater Services Corval Constructors Inc Five Star Heating and Air Conditioning Inc Jayhawk Mechanical Inc Metropolitan Mechanical Contractors Inc UHL Company Inc MOTOR VEHICLE DEALERSHIP Luther Brookdale Buick GMC Luther Brookdale Chevrolet Luther Brookdale Honda Luther Brookdale Mazda Mitsubishi Luther Brookdale Toyota Scion RENTAL INITIAL (TYPE III— one-year license) 2208 69th Avenue North 6501 Beard Avenue North 6013 Colfax Avenue North 807 Woodbine Lane INITIAL (TYPE II— two-year license) 5025 Ewing Avenue North 6749 Humboldt Avenue North 4201 Lakeside Avenue North #115 RENEWAL (TYPE III— one-year license) 130067 th Avenue North Brookside Manor Apartments 6769 Humboldt Avenue North Passed w/ Weather Deferral 4207 Lakeside Avenue #336 RENEWAL (TYPE II— two-year license) 7113 Palmer Lake Circle 7085 Unity Avenue North 04/27/15 -3- 2196285 th Avenue Northeast, Isanti 6108 Olson Memorial Hwy, Golden Valley 1017 Meadowwood Drive, Brooklyn Park 6420 Redruth Street, Duluth 1633 Eustis Street, St. Paul 525 Diffley Road, Eagan 3307 North 2nd Street, Minneapolis 7450 Flying Cloud Drive, Eden Prairie 9065 Zachary Lane North, Maple Grove 4301 68' Avenue North 6701 Brooklyn Boulevard 6800 Brooklyn Boulevard 7235 Brooklyn Boulevard 6700 Brooklyn Boulevard Maisha Giles Gavin Kleinknecht Nathan Nemmers Jonathan Green Julie Kazmierkoski Phong Nguyen Linda Feela Anda Construction Li-Chwen Su Tamara Carlson Travis Hoff Swendia LLC DRAFT 7145 Unity Avenue North RENEWAL (TYPE I— three-year license) 7018 Brooklyn Boulevard 7215 Girard Avenue North 4806 Howe Lane 5755 Humboldt Avenue North 4201 Lakeside Avenue #302 Andrew Singleton Nelia Schaff Rebecca Thomley Prosperous Property LLC Toan Truong Xavier Haro 6c.RESOLUTION NO. 2015-70 ACCEPTING QUOTATION AND AWARDING A CONTRACT FOR 2015 DISEASED TREE REMOVAL AND TREE MAINTENANCE PROGRAM 6d.RESOLUTION NO. 2015-71 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2015-01,2015-02,2015-03 AND 2015-04, FREEWAY PARK AREA STREET AND UTILITY IMPROVEMENTS 6e. RESOLUTION NO. 2015-72 AMENDING THE JOINT POWERS AGREEMENTS FOR THE CREATION OF THE SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSIONS AND RATIFYING THE ACTS THEREOF Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a.BROOKLYN CENTER UNIVERSITY LEADERSHIP ACADEMY GRADUATION The students thanked the staff, Councilmembers, and the Mayor for the time and efforts they put in to this program. The students stated that the class was more than they could have ever expected and rather than a classroom setting, the classes were interactive. Each student expressed that no matter what walk of life they came from, they all learned something new each week and now have an understanding that it takes many moving parts and people in order to run the City. The Councilmembers urged the graduating members to submit applications for positions on Commissions in which they have an interest. Mayor Willson stated that the City Council is very excited that Brooklyn Center University has been a huge success. 7b.PROCLAMATION DECLARING MAY 17-23,2015, PUBLIC WORKS WEEK IN THE CITY OF BROOKLYN CENTER 04/27/15 -4- DRAFT Mayor Willson read in full a Proclamation declaring May 17-23, 2015, Public Works week in the City of Brooklyn Center. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to Adopt the Proclamation Declaring May 17-23, 2015, Public Works Week in the City of Brooklyn Center. Motion passed unanimously. 8.PUBLIC HEARINGS 8a. ORDINANCE NO. 2015-05 AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES RELATING TO THE SALE OF TOBACCO RELATED PRODUCTS Mr. Boganey introduced the item, discussed the history including the first reading that took place March 23, 2015, and published April 2, 2015, and stated the purpose of the proposed ordinance change. The City Council determined that the Ordinance needed to be modified because of an application that was processed in the past months. This modification will act as a housekeeping item and make the process smoother going forward. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the item with the City Council. Councilmember. Myszkowski moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Mayor Willson addressed the new startling facts that he received regarding youth and tobacco products, which included a 15-20% increase in youth using E-Cigs. He mentioned that the flavors used in tobacco products and commercials are targeting youth, who then in turn buy the products. Councilmember Lawrence-Anderson commended the City Council in their support to ban vapper lounges, which only encourage citizens to use tobacco products. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt ORDINANCE NO. 2015-05 Amending Chapter 23 of the City Code of Ordinances Relating to the Sale of Tobacco Related Products. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS 04/27/15 -5- DRAFT -None 10. COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MOTH PROVISIONAL RENTAL LICENSES lOal. 5200 63' AVENUE NORTH 10a2. 6319 BROOKLYN BOULEVARD 100. RESOLUTION NO. 2015-73 APPROVING A TYPE IV RENTAL LICENSE FOR 5245-47 DREW AVENUE NORTH Mayor Willson explained the streamlined process that will now be used to consider Type IV 6- Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items 1 Oal through 100. 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 the following: 5200 63rd Avenue North, 6319 Brooklyn Boulevard, and to adopt RESOLUTION NO. 2015-73, Approving a Type IV Rental License for 5245-47 Drew Avenue, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. lOb. RESOLUTION NO. 2015-74 ADOPTING THE 2016 STRATEGIC PRIORITIES AND THE 2016-2018 STRATEGIC PLAN Mr. Boganey introduced the item, discussed the history and stated the purpose of the proposed Strategic Priorities and Plan. He explained that the priorities represent the goals that the City has identified. Each goal or priority identified has key indicators tied to it explaining how the City plans on meeting this goal. Some of the main targets for the next three years will be "resident economic stability" and "redevelopment within the City." The first goal will focus on residents and collaborating with others to provide more education and training to a population within the City in order to encourage personal growth. The second goal will look at properties owned by the City and how to re-develop these properties into what is best for the community. Mr. Boganey went on to explain that within the "strengthened and empowered youth" section, the City has aligned themselves with the Brooklyn Bridge Alliance. The City has identified the Alliance as a key partner in obtaining this goal and therefore has adopted the Alliance's mission statement. 04/27/15 -6- DRAFT Councilmember Graves inquired if these goals were going to be exclusive for the next two years. Mr. Boganey explained that these written goals will provide staff with a clear understanding on where to focus their efforts. Councilmember Ryan added to Mr. Boganey's comments by stating that these goals in no way will tie the City to certain projects or beliefs but rather give citizens an idea on what the City Council finds to be the City's major goals. Mayor Willson added there has been a lot of time spent by Councilmembers, staff, and the firm hired to develop this comprehensive plan. He thanked all who contributed to that effort. Councilmember Myszkowski agreed and added that the language chosen to represent the City's ideas was almost poetic and represented the City Council's feelings to adapt well to any situation. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-74 Adopting the 2016 Strategic Priorities and the 2016-2018 Strategic Plan. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • April 16, 2015: Attended the Metro City's annual leadership meeting • April 20, 2015: Attended the Board of Appeal and Equalization meeting for property owners regarding next year's taxes • April 21, 2015: Attended the Police and Citizen Awards • April 22, 2015: Attended the last class of Brooklyn Center University • April 23, 2015: Attended the Business Center Business Association Luncheon • April 29, 2015: Will attend the Freeway Park Area Reconstruction Pre-Construction Meeting Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • April 15, 2015: Attended CEAP's Executive Committee Meeting • April 16, 2015: Attended the Financial Commission Meeting • April 20, 2015: Attended the Board of Appeal and Equalization meeting for property owners regarding next year's taxes • April 21, 2015: Attended the Earle Brown Days Committee • April 21, 2015: Attended the Police and Citizen Awards Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: o April 20, 2015: Attended the Board of Appeal and Equalization meeting for property owners regarding next year's taxes 04/27/15 -7- DRAFT • April 21, 2015: Attended the Police and Citizen Awards • April 22, 2015: Attended Odyssey's Board Meeting • April 23, 2015: Attended the Business Center Business Association Luncheon • April 24, 2015: Did a Ridealong with Brooklyn Center's Police • April 29, 2015: Will attend an Open House from 6-7 p.m. on NSP properties Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • April 8, 2015: Attended the Joint Commissions Meeting • April 10, 2015: Attended the Brooklyn Center Fire Fighter Relief Dinner • April 20, 2015: Attended District Parent Advisory Meeting • April 21, 2015: Attended Park and Recreation Commission Meeting • April 21, 2015: Attended the Police and Citizen Awards • April 21, 2015: Attended Birch Grove's Concert and 8 th Grade Parent Night • May 2, 2015: Will be attending the Prayer Breakfast Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • April 15, 2015: Attended the Brooklyn Alliance Board Meeting • April 20, 2015: Attended the Board of Appeal and Equalization meeting for property owners regarding next year's taxes • April 21, 2015: Attended the Police and Citizen Awards • April 27, 2015: Attended the League of Minnesota Cities Mayor Conference on Transportation 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 8:10 p.m. Motion passed unanimously. 04/27/15 -8- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: May S,20l5 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City ClerkjL SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on May 11, 2015. 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. MECHANICAL Easco Plumbing and Heating Gilbert Mechanical Contractors Louis Degidio Services, Inc. MAG Mechanical RENTAL See attached report. SIGN HANGER Fish and LaBeau Signs, Inc. 7965 Pioneer Trail, Loretto 4451 West 76th Street, Edina 21033 Heron Way, Lakeville 7100 Medicine Lake Road, Minneapolis 9350 County Road 19, Corcoran )llissiou: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of fife for all people and preserves the jublk trust [EI1IJ[iJ I U I V k'A I'A I I'A 0) UIJIJk'kI Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type 1 - 3 Year 1-2 units 0-1 3+ units 0-0.75 ____ Type II 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. iWLsio,z: Ensuring an attractive, clean, saft', inclusive community that enhances the quality of life for all people and preserves the public trust C)a- C)CL C)CC) -aC- C)o4- C). 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Background: It is the City's practice, as directed by City Council Policy 2.80, to review financial services provided by outside professional organizations every six years. The adopted schedule indicates that banking services should be reviewed through the Request for Proposals (RFP) process. The City's banking services are currently being provided by U.S. Bank. Policy Section 2.80.3.13 indicates that the RFP is to be "prepared by staff, reviewed by the Financial Commission, and approved by the City Council". The Financial Commission has reviewed the RFP, which has been attached for City Council approval. Budget Issues: Following the RFP process a recommendation that includes the financial impact will be provided to the City Council. Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Services May 13, 2015 P!4 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2113 Request for Proposal Banking Services TABLE OF CONTENTS I. INTRODUCTION a.Overview b.Proposal Calendar c.Agreement Terms d.Termination e.Notices f.Proposal Evaluation for Submitted Proposals g. Format Required for Submitted Proposals II. SCOPE OF WORK/SERVICES a.Banking Services b.Proposal Submission c.Indemnification d.Independent Contractor e.Nondiscrimination Clause f.Miscellaneous Provisions III. PROPOSAL REQUIREMENTS a.Audited Financial Statements, Regulatory, and Management Reports b.Profile Questionnaire c.Banking Service Questionnaire d.Desirable Banking Services Questionnaire e.Compensation, Fees, and Related Information f.Bid Sheets, General Account 2 I. INTRODUCTION a.Overview The City of Brooklyn Center (the City) is requesting proposals to provide a full range of banking services. City policy requires the City to request proposals for banking services once every six years. Proposers are required to send three (3) hard copies and one (1) electronic (PDF) version of their proposal. The proposal must be received by 4:00pm on June 19, 2015. The City reserves the right to accept or reject any and all proposals. The City also reserves the right to retain all proposals submitted and use any ideas in a proposal regardless of whether that proposal is selected. This RFP and the completed responses will serve as the basis for the agreement between the City and the successful respondent. The agreement may be awarded to a single financial institution, or to multiple financial institutions. However, a single financial institution would be preferred. There is no expressed or implied obligation for the City to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. The successful bidder must be an Equal Employment Opportunity Employer. b.Proposal Calendar Request for proposal issued May 13, 2015 Due date for proposals (4:00 p.m. at City Hall) June 19, 2015 Staff recommendation and City Council selection July 13, 2015 Selected firm notified July 15, 2015 Service Implementation September 1, 2015 c.Agreement Terms The term of this agreement is for a three (3) year period beginning September 1, 2015, with three (3) additional one (1) year renewal options. The prices quoted in the proposals must be guaranteed for at least three (3) years. However, cost adjustments will be permitted when an increase becomes necessary due to the increased cost of items outside of the bank's control. Any such cost adjustments must be documented, justified, and accepted by the City before such costs are implemented. The City and the successful institution shall renegotiate the fees to be charged after the initial three (3) year period for the next one (1) year period, and annually thereafter, for the remainder of the agreement period. Nothing in this paragraph shall limit the ability of the parties to terminate the agreement at earlier dates as hereinafter provided. d.Termination Termination for Cause The City may terminate this agreement, or any part of this agreement, for cause under any one of the following circumstances: (a)The bank fails to make delivery of services as specified in this agreement; or (b)The bank fails to perform any of the provisions of this agreement, fails to perform in a professionally acceptable manner, or fails to timely perform as to endanger the ability of the City to perform its duties. The City shall provide the bank with written notice of the conditions endangering performance. If the bank fails to remedy the conditions within ten (10) days from the receipt of the notice (or such longer period as may be authorized in writing), the City shall issue the bank an order to stop work immediately. Notice is effective upon mailing, postage prepaid and properly addressed or upon personal service to the bank. In the event the City believes that the assets of the City are in jeopardy, or there is a bona fide emergency related to these assets, the City can cancel the agreement immediately or upon such notice as is reasonable. Termination for Convenience The City may terminate performance of work under this agreement in whole or in part whenever, for any reason, if the City shall determine that the termination is in the best interest of the City. In the event that the City elects to terminate this agreement, in whole or in part pursuant to this provision, it shall provide the bank written notice at least thirty (30) days prior to the termination date. The termination shall be effective as of the date specified in the notice. The bank shall continue to perform any part of the work that may have not been terminated by the notice. In the event termination occurs under this provision such shall be without liability to the City and any officer and employee thereof. e. Notices All notices, demands, requests, approvals, reports, instructions, or other communications which may be required or desired to be given by either party to the other after the effective date of the agreement shall be in writing and shall be made by personal delivery or sent by United States certified mail, postage prepaid, return receipt requested or by overnight delivery, prepaid, addressed as follows: Nathan Reinhardt, Finance Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2113 or to any other persons or addresses as may be designated by notice from one party to the other. L Proposal Evaluation and Selection Criteria The agreement will be awarded to the financial institution(s) that best meet(s) the needs of the City provided the fee is reasonable and it is in the best interest of the City to accept it. In evaluating the proposals, the following criteria will be used: • Responsiveness of the proposal. o The sufficiency of the financial resources and the ability, capacity and skill of the institution to perform all required and desired services as stated in this RFP on a timely basis. • Responses of client references. • The reputation, financial stability, and longevity of the proposer. • The quality, availability, and adaptability of the services to the particular needs required. • Interviews, if requested. • Cost of the services provided. • Physical facility including the location(s), technology, and security of the facility. City Staff may wish to visit the facilities prior to awarding the agreement. The City reserves the right to award the agreement in whole or in part. The City also reserves the right to reject proposals in whole or in part, that do not comply with the provisions of this RFP. Costs of banking services, although a significant factor, may not be a dominant factor. During the evaluation process, the City reserves the right, where it serves their best interest, to request additional information or clarifications from proposers or to allow corrections of errors or omissions. g. Format Required for Submitted Proposals 1.Title Page - Show the name of your institution, local address, telephone number, name of contact person, and the date. 2.Letter of Transmittal - Please limit to one page. Proposers may use this letter to present any information they consider essential to their proposal. Please list the names of all individuals who are authorized to make representations for the proposer, along with their titles, addresses, and telephone numbers. 3.Audited Financial Statements, Regulatory and Management Reports 4.Profile Questionnaire - Respond to each question as applicable. 5.Banking Services Questionnaire - Respond to each question as applicable. 6.Desirable Banking Services Questionnaire - Respond to each question as applicable. 7.Compensation, Fees and Related Information - Respond to each question as applicable. 8.Bid Sheets- Respond to each question as applicable. To assist us in comparing the cost effectiveness of each proposal, you must address all costs both on a per unit basis and on a compensating balance method of payment. Any additional pertinent information. II. SCOPE OF WORK/SERVICES a. Banking Services The successful Proposer shall provide all banking services typically provided by banking institutions to their commercial customers including: 1.Receipt of deposits, including ACH deposits of credit card transactions 2.Processing and clearing of all checks and drafts issued by the City 3.ACH for debt service payments 4.Collateral for all deposits of a type and in the amounts as required by State laws 5.Wire transfers and confirmations 6.Direct deposit of employee payroll checks to their accounts 7. Electronic funds transfers of all federal and state withholding taxes Online Banking Services In addition, the City shall take into consideration the ability of the proposer to provide the following desirable services: Reports: A.Daily report of the current balance in the accounts. B.A monthly statement, with written confirmation for all transactions enclosed, by the tenth of each month. C.Monthly account analysis report listing transactions processed and average balances. D.Monthly collateral reports that list type of collateral, market value and ratings. 2.Credit card services 3.Purchasing card program 4.Sweep account for investment of available balances 5.Positive Pay 6. Other services provided by the proposer b. Proposal Submission Proposers are required to send three (3) hard copies and one (1) electronic (PDF) version of their proposal. The proposal must be received by 4:00pm on June 19, 2015. The proposals must be signed by an official authorized to bind the institution to its provisions. Proposals are to be sent to: Nathan Reinhardt, Finance Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2113 Nathan Reinhardt, Finance Director nreinhardtci.brookIyn-center.mn.us Proposers shall use complete sets of the documents in preparing their proposals. The City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of these documents. In making copies of these documents available, the City does not confer a license or grant permission for any other use of the documents other than for the purpose of obtaining proposals on the work. c. Independent Contractor It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Depository as the agent, representative or employee of the City for any purpose or in any manner whatsoever. The Depository is to be and shall remain an independent contractor with respect to all services performed under this agreement. The Depository represents that it has, or will secure at its own expense, all personnel required in performing services under this agreement. Any and all personnel of the Depository or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Depository, its officers, agents, contracts or employees shall in no way be the responsibility of the City; and the Depository shall defend, indemnify and hold the City, its officers, agents, and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. d Miscellaneous Provisions All books, records, documents, and accounting procedures and practices of the successful proposer relevant to the agreement shall, pursuant to Minnesota Statutes, Section 16B.06, subd. 4, be subject to examination at all times by the City's Internal or External Auditors, and/or by the Legislative Auditor or State Auditor. The Bank shall at all times abide by Minn. Stat. § 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the same is applicable to data and documents in the possession of the Bank. If the Bank refuses or fails to furnish goods or services in accordance with the requirements of the agreement and within the time limitations contained in the agreement, the City may purchase such goods or services from other sources until such time as the Bank is able to perform under the terms of the agreement. Data Practices Act. The Bank shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 13.0 1, et seq., to the extent that the Act is applicable to data and documents in the hands of the Bank. Audits. The books, records, documents, and accounting procedures and practices of the Bank or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. Conflicts. No salaried officer or employee of the City and no member of the governing body of the City shall have a financial interest, direct or indirect, in this agreement. The violation of this provision renders the Agreement void. Any federal regulations and applicable state statutes shall not be violated. The proposer agrees that this document and the agreement, if awarded to the proposer, shall be construed and governed by the laws of the State of Minnesota. The proposer agrees to at all times observe and comply with all laws, ordinances, regulations, and codes of the 7 federal, state, and local government which may in any manner affect the preparation of proposals or the performance of the agreement. To be qualified to submit a proposal, an institution must have a service agent in the State so that service of a summons or legal notice may be had on the designated agent. I. PROPOSAL REQUIREMENTS a. Statements, Regulatory and Management Reports 1. For fiscal years 2011, 2012 and 2013, provide copies of each report issued as described below unless you are legally prohibited from such disclosure. Include management responses, if any, to all reports provided. (A) EXTERNAL AUDIT AND REGULATORY EXAMINATION REPORTS (1)Independent Certified Public Accountants (2)Minnesota State Banking Commissioner (3)Comptroller of the Currency (4)FDIC (B) INTERNAL AUDIT AND MANAGEMENT REPORTS (1)Contracted Performance and System Reviews, Audits and Evaluations (2)Internal Audit and Review Reports b. Profile Questionnaire 1.Provide a brief description of the history of the institution's provision of banking services. 2.Describe the organizational structure of your institution and the departments which will oversee the agreement. 3.Describe your service capabilities for a customer the size of the City, including those items which set you apart from your competition. 4.What is the institution's commitment to large corporate or government customers? How many governmental customers does your business service? 5.Provide three (3) references from public funds or government-related customers of one (1) year or more with characteristics similar to the City or commercial banking customers that utilize similar services that the City will use. 6.Identify and describe any litigation or investigation by a regulatory authority of your business, which officers or employees have been involved in within the last three years. 7.Discuss the financial stability and credit quality of your institution. Provide ratings for the institution and its holding company from two or more nationally recognized rating agencies. List all rating changes for the past five (5) years. 8.List names, titles, phone, and email addresses of key persons in charge of banking services and the account administrator who would be assigned to this account. Provide biographical sketches of these individuals and identify their rank and level of authority. 8 Discuss any data breaches that have occurred involving your institution, how were they resolved, and what steps do you take to prevent our City data from being breached? 10. Discuss your institution's disaster recovery plan? c. Banking Service Questionnaire - Required Banking Services Currently, the City maintains a single general checking account. Primary locations depositing receipts include the City Hall, Recreation Department, Police Department, golf course, convention center, and two (2) liquor stores. Receipt of Deposits and Depository Service Options A. List the bank location closest to the following locations. City Hall - Main account 6301 Shingle Creek Parkway Police Department 6645 Humboldt Avenue N Centerbrook Golf Course 5500 North Lilac Drive BC Liquor store#1 5625A Xerxes Avenue N. BC Liquor store #2 6930 Brooklyn Boulevard Earle Brown Heritage Center 6155 Earle Brown Drive B.Are night drop, vault, and branch service options available? Is pricing different for utilizing these different deposit options? C.What courier services are provided by the Bank, if any, for pick up and delivery of deposits? If not provided by the Bank, what third-party couriers are available and/or recommended and what is their cost for providing the service? What is the cut off time for same day credit? 2.Deposit Verification The Bank must process an adjusting debit or credit for deposit discrepancies. Copies of all adjustments and their documentation should be received at our office by the end of the next business day. Describe the documentation provided for deposit discrepancies. 3.Currency Services Describe the deposit and change order procedures, cut off times, and other features of this service. Detail any costs associated with the features of this service. 4. Return Item Processing A. Return items must be automatically re-deposited one time unless specifically instructed in writing to do otherwise. (a) What is the per item charge for re-depositing an item? (b) What is the per item charge for return items? 5.ACH Deposit of Credit Card Transactions Are there charges related to the ACM deposit or electronic deposit settlement of credit card transactions? 6.ACH Withdrawal from Checking or Savings Accounts The City withdraws utility payments from checking and savings accounts via ACH. Does the bank require accounts to be prenoted before the initial withdrawal? Are there any charges related to withdrawing funds via ACH? 7. The financial institution shall promptly process wire transfers and shall promptly notify the City when wire transfers are confirmed. What methods of initiation does the Bank offer for wire transfers? Describe each methods process of initiation, approval and release. Online Banking Services A.Describe and hardware and software the City would be required to install? B.Provide information on the government's financial management system and the formats that it accepts for receiving banking data. C. Please provide a detailed description of online services and a list of all capabilities, including ability to provide the following basic services: Reporting a.Daily balance reporting - summary b.Daily balance reporting - detail (with check detail and images) c.Daily ACH and wire with full addenda information d.Current day reporting Execution of Transactions a.Transfers between accounts b.Initiation of wire transfers c.Initiation of stop payment orders d.Positive pay actions including time requirements e. Initiation of ACH transactions Internal Controls a.Online cleared check information/images b.Multi-level security administration requirements c. Positive pay reports 9. Security Is a Log-on Report available showing all log-ons over a given period, including User I.D., date and time? How long is this log kept? d. Banking Service Questionnaire - Desirable Banking Services Questionnaire In addition, the City shall take into consideration the ability of the proposer to provide the following: 10 Reports Describe your ability to provide the following reports: A.Daily report of the current balance in the account(s). B.Monthly statement, with written confirmation for all transactions enclosed, by the tenth of each month. C. Monthly collateral reports that list type of collateral and market value and rating. 2.Credit card services The City currently provides credit cards to approximately six (6) City employees. Describe your credit card program and the applicable charges. 3.Sweep account for investment of available balances Describe the sweep account services, including the processes followed, any charges, and interest income. Positive Pay Please indicate if you can provide this service and any associated fees. Processing of Deposits and Orders for Currency If the Bank has a business location within the corporate limits of the City of Brooklyn Center, deposits and orders for currency will be transported to the Bank by a third party armored car service. If the Bank does not have a business location within the corporate limits of the City, please indicate what secure arrangements are available for processing cash and currency transactions with the full service location closest to Brooklyn Center and what costs would be expected. e. Compensation, Fees and Related information 1.The attached bid sheet has all categories of service identified which the City reasonably expects to be billed. If there are other fees or costs not identified on the bid sheet for which the institution expects to charge, attach a supplemental price schedule for such services. Include one-time or set up charges, research fees, wire fees, and all other fees that will be charged. 2.Fees for services must be billed in conjunction with an analysis statement. Fees cannot be debited to our account until the City reviews and approves the analysis statement. Describe your proposed billing cycle (monthly, quarterly, etc.) Also, describe the process for the payment of bank fees. Furnish a copy of your analysis statement or statements. 3. Charges for overdrafts must be handled through the analysis statement process. Please show what your pricing will be if an overdraft occurs and how overdraft balances are calculated. Are uncollected funds caused by an overdraft netted against positive balances in other accounts during the analysis process? 11 f. Bid Sheets The General account bid sheet has all of the various charges the City expects to pay. The Bank should also include any one-time or set up charges, research fees, wire fees, and all other fees that will be charged. The numbers listed with the following sections represent the approximate item count on a normal monthly basis. These item counts will be used to compare the "cost" portion of the proposals. The actual item count during the agreement term may vary. Account: General Average ledger balance: $0 (Zero balance Account) Item Average per month Unit Cost - Monthly Total Account Maintenance Fee ACH Origination Monthly Fee 1 ACH Origination File Fee 3 - ACH Origination Per Item Fee 550 Debit/Check Items 500 Credit/Deposit Items 275 DDA statement - serialized Cash deposited Rolled coin order Boxed coin ordered Currency per strap Deposited items on main account ("on us")1,150 Deposited items local 400 Deposited items country Deposited items main accounts clearings Deposited items select RCPC Deposited items transit 350 Deposited items RCPC Return items 12 Item Average per month Unit Cost - Monthly Total Redeposit Charge 8 Check sequencing item priority Stop payments 2 Charge Back Fee 12 ACH received items Electronic Debits Electronic Credits 150 WT online WT outgoing repetitive voice WT outgoing non-repetitive voice 'NT repetitive codes Incoming Domestic Wire Outgoing Domestic Wire 1 Monthly Account Maintenance Fee Additional Additional Additional Additional Additional Additional 13 City Council Agenda Item No. 6d SII1IJESJ I fl N MhYA L!A I ik'A (I] 1.II PlIJh'A I DATE: May S,2015 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Engineer THROUGH: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2015-05, 06, 07 and 08, 63rd Avenue Street and Utility Improvements Recommendation: It is recommended that the City Council consider approval of the lowest responsible bid and award a contract to Ryan Contracting Company for Improvement Project Nos. 2015-05, 06, 07 and 08, 63rd Avenue Street and Utility Improvements. Background: Bids for the 63rd Avenue Street and Utility Improvements, Project Nos. 2015-05, 06, 07 and 08, contract were received and opened on April 30, 2015. The bidding results are tabulated below: BIDDER TOTAL Ryan Contracting Company $4,214,741.00 R.L. Larson Excavating, Inc. $4,474,041.75 Northwest Asphalt, Inc. $4,831,168.90 Of the three (3) bids received, the lowest bid of $4,214,741.00 was submitted by Ryan Contracting Company of Elko, Minnesota. Ryan Contracting Company has the experience, equipment and capacity to qualify as the lowest responsible bidder for the project. Budget Issues: The bid amount of $4,214,741.00 was higher than the originally estimated construction amount of $3,878,000. The total estimated budget including contingencies, administration, engineering and legal was $4,545,000 and is amended to $4,948,741.00 (see attached Resolution - Costs and Revenues tables). The overall project cost reflects an 8.9 percent increase to the originally budgeted amount. The 8.9 percent increase was a result of a change in the scope of work for the storm sewer utility and miscellaneous bid items escalating in price more than expected from previous construction years. The planned scope for the storm sewer utility had been revised and expanded to include replacement of the majority of the sewer pipe. These necessary revisions were discovered during the final design stages of the project and are necessary to meet the required design standards. These items specifically increase the budgets and needed funding from the Storm Drainage, Sanitary Sewer, Water Utility, and Municipal State Aid Funds (see attached Resolution-Costs and Revenues table). Additionally, $20,550.00 of work was added to the project for the removal of the old CenterPoint Energy gas main, which will be directly reimbursed by CenterPoint Energy. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2015-05, 06, 07 and 08, 63RD AVENUE STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 2015-05, 06, 07 and 08, bids were received, opened, and tabulated by the City Clerk and Engineer on the 30 day of April, 2015. Said bids were as follows: Bidder Total Ryan Contracting Company $4,214,741.00 R.L. Larson Excavating, Inc. $4,474,041.75 Northwest Asphalt, Inc. $4,831,168.90 WHEREAS, it appears that Ryan Contracting Company of Elko, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that The Mayor and City Manager are hereby authorized and directed to enter into a contract with Ryan Contracting Company of Elko, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 2015- 05, 06, 07 and 08, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. The estimated project costs and revenues are as follows: CIP Amended COSTS Estimated per Low Bid Contract $3,689,000 $4,214,741.00 Lighting $ 74 5 000 $ 36,000.00 Contingency $ 189,000 $ 105,000.00 Subtotal Construction Cost $3,952,000 $4,355,741.00 AdminlLegal/Engr. $ 593,000 $ 593,000.00 Total Estimated Project Cost $4,545,000 $4,948,741.00 RESOLUTION NO. REVENUES Street Assessment Storm Drainage Assessment Sanitary Sewer Utility Water Utility Fund Storm Drainage Utility Fund Street Light Utility Municipal State Aid (MSA) Street Reconstruction Fund CenterPoint Energy Total Estimated Revenue CIP Amended Estimated per Low Bid $ 272,000 $ 272,294.46 $ 80,500 $ 80,521.84 $ 526,000 $ 550,185.00 $ 845,000 $ 890,027.00 $ 171,500 $ 416,968.16 $ 90,000 $ 36,000.00 $2,560,000 $2,682,194.54 $ -0-$ -0- $ -0-$ 20,550.00 $4,545,000 $4,948,741.00 May 11, 2015 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. 6e COUNCIL RTEM MEMORANDUM DATE: May 5, 2015 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Authorizing the Execution of an Amendment to the August 27, 2009 Trailway Cooperative Agreement between Three Rivers Park District and the City of Brooklyn Center Recommendation: It is recommended that the City Council approve the resolution authorizing the execution of an amendment to the August 27, 2009 Trailway Cooperative Agreement between Three Rivers Park District and the City of Brooklyn Center. The amendment terms are consistent with the original terms of the agreement. Background: On August 27, 2009, the City of Brooklyn Center and the Three Rivers Parks District entered into agreement to convert of a portion of the City's community trail system to the Park District's regional trail system. Under the original terms of the agreement, Three Rivers Park District assumed the responsibility for the operation and maintenance of 5.4 miles for two of Brooklyn Center's existing pedestrian and bike trails - the existing Shingle Creek trail (3.5 miles) located along Shingle Creek from the northern to the southern City limits and the existing Twin Lake trail (1.9 miles) located from Twin Lake Park to Xerxes Avenue. Also under the original agreement, the City and the park district would jointly pursue the planning for the extension of approximately 1.7 miles of regional trail east from the Brookdale mall area (Shingle Creek Crossing) to connect to the Mississippi River regional trail. Since the execution of the original agreement, the Park District has implemented and performed the following: Extension of the Twin Lakes Regional Trail - In 2009-2010, the Park District partnered with the City to extend the trail along Bass Lake Road from Xerxes to Highway 100. The Park District funded the trail portion of the project including the pedestrian bridge over Shingle Creek. Also in 2010, the Park District funded the extension of the trail further east along 57th Avenue from Highway 100 to Logan Avenue. Then in 2013, the Park District funded a portion of the Bass Lake Road/Highway 100 bridge project to help reconfigure the bridge to accommodate a trail on the south side of the bridge. Shingle Creek Regional Trail - In 2012, the Park District partnered with the City to reconstruct a segment of trail from Bass Lake Road to 1-694/1-94. An extensive portion of the trail located along the creek frequently flooded and was realigned to a location outside of the floodplain. Mission: Ensuring an attractive, clean, safe, inclusive coin,numtj' (I, at enhances the quality of life for all people and preserves the public trust [[I1II[iJ Iflhl M IA I akA (I] 1I WJh I Twin Lake Regional Trail Extension - In 2011, the Park District in cooperation with the City completed the Twin Lakes Regional Trail Master Plan, which provided the planning to identify regional trail needs from Upper Twin Lake to the Mississippi River. As part of this planning, a regional trail alignment was selected along 57th Avenue to complete the missing segment from Logan Avenue to the Mississippi River (Lyndale Avenue). The plan also identified substandard sections along France and 53rd Avenues that existed with restricted width issues relative to the boulevard (e.g. not enough clear distance to retaining walls, fences, utility poles, etc.) and to the curb (e.g. too close to the curb). On January 10, 2011, the Brooklyn Center City Council approved a Resolution of Support for the Twin Lakes Regional Trail Master Plan. In an effort to complete the missing segment along 57 t Avenue as identified in the master plan, the Park District applied for and received federal funding for the Twin Lakes Regional Trail Extension, which is programmed to be designed in 2015. The Park District has hired a consultant to prepare the plans and specifications for this project and is expected to be constructed in 2016. Concurrently with this project, the City has programmed a mill and overlay for 57th Avenue from Humboldt Avenue (County Road 57) to Lyndale Avenue. Additionally, an opportunity with the Lake Point Apartment project provided for consideration to realign a deficient segment of regional trail along France and 53rd Avenues to a more desirable location on the apartment property located along the Highway 100 sound wall between 50th and 53rd Avenues (see attached map). A new trail in this location will be designed to meet current trail standards and will avoid the many driveways and roadway crossings that are less than ideal for a regional trail environment. The initiative in seeking more desirable trail locations supports the recent efforts of constructing a new trail along Azelia Avenue between Lakeside and Lakebreeze Avenues as part of the France Avenue Business Center development. The following provides a general overview of other elements contained in the agreement and amendment (see attached): Property Rights - Easements and permits for trail purposes will be provided to the park district by the City. The easements and permits must provide a continuous and contiguous corridor for the regional trail. An easement is currently being obtained from Lake Point Apartments for that section of regional trail. The 57th Avenue trail extension will fall within existing City and County right-of-way. Maintenance of Trails - The Park District will continue to be responsible for the maintenance and upkeep of the designated regional trails. The City will be responsible to plow the trails in the winter as it currently does. Additionally, the existing trails along France and 53 d Avenues will revert back to the City's jurisdiction. Duration of Agreement and Amendment - The amendment and agreement are permanent. However, the agreement shall be terminable by either party upon material breach by the other party, or may be terminable by the Park District or City by mutual agreement. Mission: Ensuring an attractive, clean, safe, inclusive conununit that enhances the quality of life for all people and preserves the public trust I1uJ1[iIIIiak'A•hYiIak'A [I] e1I)1uJh'AI Budget Issues: Trail Realignment (Lake Point Apartments) Three Rivers Park District has capital financing allocated in 2015 for the design and construction of the Trail Realignment Project on the Lake Point Apartment property in the amount of $185,000, which is expected to cover the full project cost. The City is managing and coordinating the project and will be reimbursed by the Park District for the design and construction of the project. Additionally, the City of Brooklyn Center is currently obtaining the needed trail easement from the Lake Point Apartment complex as part of property negotiations for the EDA owned property at 3401 53rd Avenue. 57th Avenue Trail Extension Three Rivers Park District has capital financing allocated in 2015-2016 for the design and construction of the Twin Lakes Regional trail extension in the amount of $1,280,000. The Park District is a recipient of a federal grant in the amount of $1,120,000 to fund the majority of the project, the balance being provided by the Park District. Additionally, the City has $450,000 programmed in the City's CIP to mill and overlay 57th Avenue between Humboldt and Lyndale Avenues as an additional component to this project. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive communitV that enhances the qualm' of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AUGUST 27, 2009, TRAILWAY COOPERATIVE AGREEMENT BETWEEN THREE RIVERS PARK DISTRICT AND THE CITY OF BROOKLYN CENTER WHEREAS, the City of Brooklyn Center ("City") and Three Rivers Park District ("Park District") entered into a Trailway Cooperative Agreement ("Agreement") for the Twin Lake Regional Trail ("Trail") establishing the planning design, construction, operation, maintenance, and funding responsibilities of the Trail on August 27, 2009; and WHEREAS, an immediate opportunity exists to realign a portion of the Trail from France and 53'd Avenues to 50th Avenue and to private property along Highway 100 between 50th and 53'' Avenues, in which a public trail easement will be obtained; and WHEREAS, the Park District and Cit' desire to further cooperate and complete the gap in the Twin Lake Regional Trail along 57t Avenue between the Shingle Creek and Mississippi River Regional Trails located from Logan Avenue to Lyndale Avenue. WHEREAS, the trail realignment and trail extension require an amendment to the Agreement; and WHEREAS, the Park District and City desire to cooperate to obtain property rights, design, construct, operate and maintain a continuous and contiguous Trail corridor located in the city. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor and City Manager are hereby authorized to execute the attached Amendment to the August 27, 2009 Traiiway Cooperative Agreement in the name of the City of Brooklyn Center. 11, 2015 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. 1:1 - JT1- , •4.A ' ET r * ___ . If- p1 .- p- _—y --1-- - -, --- - F— All r ,-+-- ----- B- - ------- I li_i: fr La.kePoint 53LLAVEN , artments L_IJ IL?'c !fr'5 /-- J -I T,-----t 4J t 11 /r' -. I -- ff - J:. j I A _OST - t I 1 j4)&4 L] -------- - - - S7 4---- ____-- -s ! ;•_ I 1'- I0 - -----, .__It - Legend .-- II - /-', - Future Trail (Park District) Existing City Trail (to be transferred to Park District) I - Existing Park District Trail (to be transferred to City)- --rr - Twin Lake Regional Traitway TFR Trail Realignment Public Works - Engineering May 5, 2015 0 75 150 300 FeetI 1 1 1 THREE RIVERS PARK DISTRICT AND CITY OF BROOKLYN CENTER AMENDMENT TO AUGUST 27, 2009 TRAILWAY COOPERATIVE AGREEMENT This amendment to the Trailway Cooperative Agreement (the "Agreement") made and entered into on August 27, 2009, by and between Three Rivers Park District, a public corporation and a political subdivision of the State of Minnesota ('Park District'), and the City of Brooklyn Cehter, a Minnesota municipal corporation ('City'), is hereby made and entered into this day of 2015, by and between the Park District and City. WHEREAS, Park District is a political subdivision of the State of Minnesota authorized by statute to acquire, establish, operate and maintain park and trail systems; and WHEREAS, Park District promulgates master plans for the development of park facilities and regional trail systems and submits master plans to the host community(ies) and Metropolitan Council for approval; and WHEREAS, Park District prepared a specific master plan for the Twin Lakes Regional Trail ("Trail") in cooperation with the City which was subsequently supported by the City with a resolution of support on January 10, 2011, and adopted by the Park District Board of Commissioners on July 21, 2011; and WHEREAS, City and Park District entered into the Agreement for the Trail establishing the planning, design, construction, operation, maintenance, and funding responsibilities of the Trail on August 27, 2009; and WHEREAS, an immediate opportunity to realign a portion of the Twin Lakes Regional Trail ("Trail Realignment") has presented itself as part of Lake Point Apartments Improvement project ("Apartment Project"), resulting in an opportunity to improve trail safety by reducing driveway and road crossings; and WHEREAS, the Trail Realignment (Exhibit A) within the Apartment Project requires an amendment to the Agreement; and WHEREAS, Park District and the City desire to further cooperate to develop the Trail Realignment as part of the Apartment Project and the City will act as the Park District's agent for the design, construction, and construction administration for this trail segment; and WHEREAS, the Agreement requires Park District and City to jointly determine the route for the Twin Lakes Regional Trail Extension from Xerxes Avenue to the Mississippi River; and WHEREAS, the segment of trail along 57th Avenue North between Logan Avenue and Lyndale Avenue North (57th Avenue Segment") represents the last remaining gap in the Twin Lakes Regional Trail Extension (Exhibit B); and Amendment to August 27, 2009 Trailway Cooperative Agreement 1 WHEREAS, inclusion of the 571h Avenue Segment requires an amendment to the Agreement; and WHEREAS, Park District and City desire to cooperate to obtain and/or transfer property rights, design, construct, operate, and maintain a continuous and contiguous Trail corridor located in the City employing their own powers; and NOW THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Park District and City agree as follows: The Park District and City entered into the Agreement on August 27, 2009. Except as herein provided, the terms, conditions, and provisions of the Agreement shall apply to and govern the provisions of this amendment. 1. Property Rights. A Trail Realignment Upon satisfactory completion of the Trail Realignment, City shall furnish to Park District a Public Trailway Easement or a Permanent Irrevocable Limited Use Permit in accordance with Paragraph LB of the Agreement. At which time the easement or limited use permit is satisfactory provided to Park District and Trail Realignment is substantially complete, the Park District shall take appropriate measures to vacate existing Limited Use Permits TL-4A and TL-4B for the trail segments located along France Avenue from 50th Avenue to 53rd Avenue and along 53rd Avenue from France Avenue to Brooklyn Boulevard. Upon vacation of said limited use permits, City shall assume all ownership, operation, and maintenance responsibilities for said trail segments. Park District shall be responsible to own, operate, and maintain Trail Realignment in accordance with the terms and conditions of the Agreement. B. 57th Avenue Segment For the 57th Avenue Segment within City property or rights-of-way as illustrated in the attached Exhibit B, City shall convey to Park District a Permanent Public Trailway Easement or Permanent Irrevocable Limited Use Permit in accordance with Paragraph 1.0 of the Agreement. Said easement or limited use permit shall provide a continuous and contiguous Trail corridor, and shall be conveyed upon execution of this Agreement. If City cannot acquire and convey the easement or limited use permit to Park District, where it has rights to do so, within twelve (12) months following execution of this Agreement, the Park District shall not be obligated to proceed with any obligation under this Agreement and further this Agreement may be terminated by Park District. In the event City's right to maintain Trail within the easement or limited use permit are lost by vacation, condemnation, revocation of license or permit, or otherwise, City will acquire such additional rights, titles and interests as are needed to assure a continuous and contiguous Trail corridor of adequate width at City expense. If the loss of such right to maintain a trail within the easement or limited use permit occurs after construction of the Trail, the City shall acquire such additional right,, title or interest and reconstruct the Trail, if necessary, at City expense. The City represents that it currently has the legal right and authority to construct and maintain the 57th Avenue Segment from Humboldt Avenue to Lyndale Avenue within such platted rights-of-ways. Amendment to August 27, 2009 Trallway Cooperative Agreement 2 The parties recognize that certain bridges and grade crossings may require agreements with third parties such as the Minnesota Department of Transportation or Hennepin County. The parties shall cooperate to secure necessary permissions to use such crossings and bridges. 2.Financing. A. Trail Realignment The Park District Board of Commissioners approved funding in the amount of one hundred and eighty-five thousand dollars ($185,000) for design and construction of the Trail Realignment, as shown on Exhibit A. Park District shall reimburse City for all direct costs of design services incurred by the City to design the trail and trail related structures and construction paid or owed to the contractor engaged by City to build the trail and trail related structures. The maximum total reimbursement for design and construction is one hundred eighty-five thousand dollars ($185,000). Reimbursement shall not be due until City has conveyed the required easement or limited use permit to Park District in accordance with Paragraph l.A of this Agreement Amendment. Park District will not reimburse City for indirect City costs incurred by City including, but not limited to, staff costs, costs of consultants and advisors, legal fees, filing fees, permit fees, or any other expense, which do not represent direct approved design or construction costs. City shall provide all records necessary for audit of costs. City shall not seek reimbursement from Park District for design and construction costs related to the non-regional trail items of the Apartment Project. Park District shall reimburse City within forty-five (45) days following receipt of verified statement of direct design and construction expenses for all costs authorized by this Paragraph. B 57th Avenue Segment City shall reimburse Park District for all direct costs of design services incurred by Park District to design light pole bases, electrical conduit, sanitary sewer repairs, and water main repairs and construction paid or owed to the contractor engaged by Park District to construct light pole bases, electrical conduit, and sanitary sewer and water main repairs that are not the direct result of the 57th Avenue Segment. City shall reimburse Park District within forty-five (45) days following receipt of direct design and construction expenses for all costs authorized by this Paragraph. The Park District shall be responsible for all design and construction costs for utility relocation and adjustments required as a direct result of the 57th Avenue Segment. 3.Park District Aaent for Trail Realignment. The City shall be solely responsible to negotiate and enter into an agreement ('Agreement') for purposes of the design, construction, and construction supervision of Trail Realignment. Park District shall not be a party to the Agreement. 4. Design and Construction. A. Trail Realignment: City shall coordinate and execute any and all public engagement process as associated with the Trail Realignment. City shall withhold Notice to Proceed or similar approval allowing Project to proceed until Park District approval of Trail Realignment plans and specifications provided that approval is not unreasonably withheld. Amendment to August 27, 2009 Trai/way Cooperative Agreement 3 City shall be responsible to ensure Trail Realignment is designed in accordance with regional trail standards adopted by the Park District (Exhibit Q. City shall submit all Trail Realignment design and construction plans to Park District for review, comment, and approval. Park District approval shall not be unreasonably withheld. Final Trail Realignment design and construction plans shall be reviewed and approved by Park District prior to adoption and approval by City. City shall be responsible to ensure Trail Realignment is constructed in accordance with construction plans and specifications developed pursuant to this Agreement. City shall be solely responsible for construction supervision. City shall provide notice to Park District of the commencement of construction. Park District may observe construction and may consult with City regarding construction issues. City shall inform the Park District of final construction and shall schedule inspection by Park District prior to close of the construction contract. Upon correction of any concerns identified in the inspections, City shall notify Park District in writing indicting completion of the Project. City shall grant or obtain all approvals, permits, and other official permissions necessary to construct, operate, and maintain the Trail Realignment. City shall complete all other incidental work items required to complete the Trail Realignment. All records kept by the City and Park District with respect to the Trail Realignment shall be subject to examination by the representatives of each party. Upon completion, City shall furnish to Park District as-built drawings of the Trail Realignment, and if applicable, any inspection reports of the Trail Realignment, if documents are in the possession of the City. B. 57th Avenue Segment: The Park District will coordinate and fund design and construction of Trail and Trail related structures for the segment of trail along 57th Avenue North between Logan Avenue North and Lyndale Avenue North except as provided herein. Design and construction of the 57th Avenue Segment, associated structures and road crossings shall be in accordance with the Typical Trail Sections (Exhibit C) and standards and guidelines adopted by the Park District. Park District will have final discretion over regional trail and safe crossing design and the interpretation and execution of engineering best practices. Park District may, in its sole discretion, contract with consultants to provide professional design services including, but not limited to design development, bidding documents, construction plans and specifications, contract document preparation, construction administration, and project close out. Park District shall submit all 57th Avenue Segment plans to City for review and approval, provided however, that approval shalt not be unreasonably withheld. Park District will coordinate the relocation of utilities as necessary to construct the 57th Avenue Segment in accordance with this Agreement. Park District shall not be responsible for utility relocation costs within City rights-of-way except for any necessary relocation of city-owned utilities. Park District shall pay for the relocation Amendment to August 27, 2009 Trallway Cooperative Agreement 4 of any city-owned utilities. City shall enforce its franchise agreements with utility companies and require utility companies to relocate utilities at their own expense. Park District shall be responsible for bidding and construction of the 57th Avenue Segment and trail related structures in accordance with approved construction plans and specifications. Construction shall commence following (1) conveyance to Park District of the easement or limited use permit in accordance with Paragraph LB of this Agreement Amendment, (2) Park District and City approval of plans and specifications for the 57" Avenue Segment, and (3) project funding approval by Park District Board of Commissioners. A fundamental component of the 571r Avenue Segment financing plan is a $1,120,000 Federal Transportation Alternatives Program (TAP) grant. If for any reason this grant is terminated or lost, the Park District shall not be obligated to fulfill the terms and conditions of this amendment and may terminate this amendment without further obligation to City except to provide written notice. All records kept by the City and Park District with respect to the 57th Avenue Segment shall be subject to examination by the representatives of each party. Upon completion, Park District shall furnish to City Record Drawings of the Trail Extension, and if applicable, any inspection reports of the 57th Avenue Segment, if documents are in the possession of the Park District. Amendment to August 27, 2009 Trailway Cooperative Agreement 5 IN WITNESS WHEREOF, the parties have set their hands the day and year first written above. City of Brooklyn Center, a Minnesota municipal corporation Date Its Mayor Date Its City Manager THREE RIVERS PARK DISTRICT, a public corporation and political subdivision of the State of Minnesota Date John Gunyou, Board Chair Date Boe R. Carlson, Superintendent and Secretary to the Board ]:\PROJECTS\Regional Trails\171- 1401 Regional Trail East Segment Brooklyn center\J Permanent Records\l Agency Agreements\20 150205_Amendment_Brooklyn Center_TrailRealignment_EastSegment_Finaldocx Amendment to August 27, 2009 Tra/Iway Cooperative Agreement 6 EXHIBIT A: Trail Realignment Project Map - --U ----.--- -T -I'V1VIZ 14 E V Ii C 0 Y4"VtPtTh =- N 1)N N Iino wi uoi8a Nawo eIu!qs -,—j- c= v ft : 1181j- 12UO!63H 1 3- N I pg = cD z(N(fl I- '' 0) CJ) o °- iw (V'u > a—i:20 C0 C-)C(I) W - C C( 0)=0(I) 5= C 0 U) - C 0 0 0 o f -. Amendment to August 27, 2009 Trail way Cooperative Agreement 7 11) 9 049.2U) ,0/11) All) lr - SI-It) C)C,-J EXHIBIT B: 57th Avenue Segment Project Mai • -/ a 11 aw SAV IM.W. N BAY HOWOlY JO U3010IY o 04310010 1 - A U0001N0000 0 r lABIAl N BAY M31I3 4 N 000 00410]a) tJvo,r,nLi OOIA 0 0 01 mV 010503413C!) r HO/A 11 A A iP 344 04 lOB IBAV NOoSe 0 II JAY UIVJHC1 -. 4 1000001 00 O X.N.113,50 NoVYXONIl t1]WXONM PU A NB H 00000 : EU 01 BAY N33fl0 H -V043300 £ 04 3/40H.- 3/41 H BAY 113/Aol - Pa JAY IIBSSfl0A - U 30/I - -' NOAYNHOlU3I0A N S B. A P40/I N 3.15 NOAdA A B/A lao/an .01300 NOUn PIThY 010/440 A / NaSA C A H 3/0 SUJB1JIA N 3/55 ANODIBJA .0 APè NAVY \ j C U 005 P400004/AM WAslIoUJ100 AVE II .9 1 \ 4430033 / 3 oormmpo°' p04 .0 1 P4305043110 7i A 04301 0000'] 4 040 0/4 511 Id"N RAW 13m" AVE N W. IA AX A 7 <5 NNBOO. (MAU H30000503UO 4 -----; Ao/AIE*/A \ 30 g L.I- -zU—J I- Amendment to August 27, 2009 Trallway Cooperative Agreement 8 Exhibit C: Typical Trail Section - 0 2' WIDTH AT MAX. 2% SLOPE ON SHOULDER, 0 3:1 MAXIMUM SLOPE (H:V) OUTSIDE OF 2' SHOULDER, 0 PREFERRED 3' CLEARANCE, 2' MIN. FROM TREES OR OTHER OBSTRUCTION. O?9 0 SEE PLAN SHEETS FOR TRAIL STRIPING. 0 MAX, CROSS SLOPE 2%, SEE CROSS SECTIONS FOR SLOPE DIRECTION. 0 MIN. 3' CLEARANCE BETWEEN EDGE OF A Al TRAIL AND EDGE OF SIGN. MAINTAIN 10' VERTICAL CLEAR ZONE ABOVE TRAIL. TRIM TREE BRANCHES ACCORDINGLY. 10 1-01, 0 6" TOPSOIL, fT'P. SEE PLAN SHEETS AND SPECIFICATIONS FOR SEEDING AND RESTORATION NOTES. 3 TYPE SPWEA240B BITUMINOUS PAVEMENT 6' CL. 5 AGGREGATE BASE 12" SCARIFY, DRY, AND RECOMPACT SUEGRADE MATERIAL AS DIRECTED BY OWNER. NOS: 1.BITUMINOUS SHALL BE PLACED IN ONE UFT. 2.CLASS 5 AGGREGATE BASE SHALL CONFORM TO MnDOT SPEC 3138. 3. SUBGRADE SHALL BE TEST ROLLED PRIOR TO AGGREGATE BASE INSTALLATION AND CONFORM TO MnDOT SPEC 2111. © TYPICAL TRAIL SECTION 10' OFF-ROAD - NTS Amendment to August 27, 2009 Trai/way Cooperative Agreement 9 City Council Agenda Item No. 6f COUNCIL ITEM MEMORANDUM DATE: April 24, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk kkJt&4,M 4i.4i1\( SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted by The Loppet Foundation for an Event to be Held at Surly Brewing Company, 4811 Dusharme Drive, Brooklyn Center, on October 24, 2015 Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on-sale liquor license submitted by The Loppet Foundation for an event to be held at Surly Brewing Company, 4811 Dushamie Drive, on October 24, 2015. Background: The Loppet Foundation has submitted an application and permit for temporary on-sale liquor license for an event to be held at Surly Brewing Company, 4811 Dusharme Drive, on October 24, 2015. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a non-profit organization for at least three years. The applicant will meet with the Police Department to review and discuss parking, safety, and security issues. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11-107 (6) Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the qwilllj' of life for all people and preserves the public trust OF P OF MJJVA Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 222, St. Paul MN 55101-5133 (651) 201-7507 Fax (651) 297 -5259 TTY (651) 282-6555 WWW.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER TiLrr- wptufi/(______Lt 115— 32 STREET ADD USS 12-720 1 —roda%L J *iiP(Lu CITY 4 (-s STATE ZIP CODE NAME OF PERSON MAKING APPLICATION IJohv 'IVLxiqev BUSINESS PHONE HOME PHONE to -7f DATES LIQUOR WILL'B'E SOLD /(1 TYPE OF ORG44IZATION CLUB CHABLE RELIGIOUS OTHER NONPROFIT ORGANIZATION OFFICERS NAME ADDRESS 0GAN1ZATION OFFICE S NAME ADDRESS o( Uv;SE ORGANIZATION OFFICERS NAME (&V ADDRESS oo -obe4 S4 - f J Location license will be used. If an outdoor area descri'ovCo. {(t ("icUt-(,VU 1U2.. wRicu t & (v1 c& Lk Jevk1-civm(OA vtI1vp-BfALcLs k &&D((,vd &xiUE 6 cLJ 1-wus. Will the applicant contract for intoxicating liquorervice? If so, ive the name and address of the liquor licensee providing the service.cMdL cVtLj vu-u QD. Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage.A hi APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT ^ECIT kOUNTY fOO\<\Lj (1 r-\C(DATE APPROVED__________________ CITY FEE AMOUNT LICENSE DATES DATE FEE PAID / b VS SIGNATURE CITY CLERIC OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT iu i i: auomn this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event P8-09079 (12/09) City of Brooklyn Center 6301 Shingle Creek Pkwy 55430-2199 (763) 569-3300 Account No. 10100-4201 Temporary On-Sale Liquor License Application Addendum License Fee of $25 per day must be submitted to City Clerk with application Temporary Liquor License Fees are Non-Refundable Application Must Be Submitted 55 Days Prior to Event; City Council Approval Required Pursuant to City Code Section 11-107, Subdivision 6: The license maybe issued only in connection with asocial event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years. Information on Contact Person: Name:^a( 6L"^- (Fiat, Middle, and Last) Address: (Street, City, and Zip Code) SL 112 (& (Home Telephone Number) (Work Telephone number) Information on Event: Name of Event: Location of Event: City, and Zip Dates(s) and Time(s) of Event Date Start time Of event End ti m e ofevent Day 1 of.L{ /5T From: . ./p.m.To: Co a.. p.m. Day 2 From: a.m./p.m.To: a.m. Day 3 From: a.m./p.m.To: a.m./p.m. Day 4 From: a.m./p.m.To: a.m./p.m. Security for Event (explain in detail how you will ensure no underage sales or consumption, how the iron will besecurd, i.e. by fence, rope, ba rri cade) v4oto it 1 a HpxvL a UVSkoJvJv Jfri )Jo-1— L9 J1vj OLC. Insuranc Requirement: Brooklyn Center requires proof of $300,060 dram shop liquor liability insurance with the City of Brooklyn Center named as an additional insured. This should be in the form of a certificate of insurance. However, if your event is being held on City property, such as a City park, you are required to have proof of $500,000 dram shop liquor liability insurance with the City of Brooklyn Center named as an additional insured. Information is collected to determine eligibility for license. Failure to provide infonnation requested may result in denial of appl fe tion. Signature: Date:_______ DATE (MM!DDIYYYY) IACØRD CERTIFICATE OF LIABILITY INSURANCE 4/27/2015 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such_endorsement(s). PRODUCER Gladwin Insurance Agency 738 11th Avenue So. P0 Box 159 Hopkins MN 55343 CONTACT Patty Henning (PJCJ4p.Extt: (952)935-5551 I(A!C,No):52)9350435 ADDRE SS : INSURER(S) AFFORDING COVERAGE NAIC# INSURERA:HanOVer Insurance Group INSURED Surly Brewing Company 4811 Dusharme Dr Brooklyn Center MN 55429 INSURER B mTrust INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES I CERTIFICATE NUMBER:CL152302795 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR I TYPE OF INSURANCE ADD I NS R SUERWVD POLICY NUMBER POLICY EFF(MMIDDIYYYY)POLICY EXP(MM/DD/YYYY)LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITYI CIMS-MADE OCCUR zDx–A198173 10/1/2014 10/1/2015 DAMAGE TO RENTED PREMISES(Eaoccurrence)$ 50,000 MED EXP (Any one person)$ 10,000 $ 1,000,000 GENERAL AGGREGATE 2,000,000 _GENT AGGREGATE LIMIT APPLIES PER:PRODUCTS COMP/OP AGG $ 2,000,000 -POLICY ri [1 LOC - $ AUTOMOBILE LIABILITY- COMBINED SINGLE LIMIT(Ea accident) BODILY INJURY (Per person)ANY AUTO $ ALL OWNED 11 SCHEDULEDAUTOS I AUTOS- -BODILY INJURY (Per accident)$ -PROPERTY DAMAGE(Peracciden $I1 NON-OWNEDHIRED AUTOS AUTOS $[..._] X UMBRELLA LIAB OCCUR --EACH OCCURRENCE $ 7,000,000 -FH AGGREGATE $ 7,000,000AEXCESS LIAB CLAIMS-MADE -DED I X I RETENTION$ 10,00 $---THX–A198781 10/1/2014 10/1/2015 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YINANY PROPRIETOR/PARTNER/EXECUTIVE r—iOFFICER/MEMBER EXCLUDED? [_J(Mandatory in NH) N/A - 1WC1004289 12/31/2014 12/31/2015 X I WC STATU- I 10TH- TORY LIMITS I I ER E .L. EACH ACCIDENT $ 1,000,000 .E .L.ISEASE - EA EMPLOYE $ 1,000,000 - If yes, describe underDESCRIPTION OF OPERATIONS below E .L. DISEASE - POLICY LIMIT 1 $ 1,000,000 A Liquor Liability ZDX-A198173 10/1/2014 10/1/2015 Each Common Cause $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)Certificate Holder is an Additional Insured under General Liability and Liquor Liability if required by written contract or agreement. Event: Darkness Days GANUELLATION sknutson@ci .brooklyn-cente City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MM 55430 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I' ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE thony Nelson/USER ACORD 25 (2010105) © 1988-2010 ACORD CORPORATION. All rights reserved. 1NS025 ninnnt ni Tha AflflPfl nnmo nnri Innn mra rcsrde+ararl msirke nf AflflPfl I ru Ln LEI ru Er 0 Lo Uh SI'> 2t, co 14 Lq LL wccmui 0 <00:IL CITY OF BROOKLYN CENTER Cash Receipt Receipt Date 4/23/2015 Receipt Number 104769 SURLEY BREWING LIQUOR LICENSE 60100-1210 25.00 LIQUOR LICENSE Total Receipt Amount 25.00 122994 14:49:11 Department of the Treasuryj1J1IRSInternal Revenue Service OGDEN UT 84201-0046 In reply refer to: 0423287604 Apr. 30, 2014 LTR 252C 0 41-1753882 000000 00 00006073 BODC: TE THE LOPPET FOUNDATION INC % NORTH STAR PROFESSIONAL CENTER 1301 THEODORE WIRTH PKWY MINNEAPOLIS MN 55422-4253 Taxpayer Identification Number: 41-1753882 Dear Taxpayer: Thank you for the inquiry dated Mar. 24, 2014. We have changed the name on your account as requested. The number shown above is valid for use on all tax documents. If you need forms, schedules, or publications, you may get them by visiting the IRS website at www.irs.gov or by calling toll-free at 1-800-TAX-FORM (1-800-829-3676). If you have any questions, please call us toll free at 1-877-829-5500. If you prefer, you may write to us at the address shown at the top of the first page of this letter. Whenever you write, please include this letter and, in the spaces below, give us your telephone number with the hours we can reach you. Also, you may want to keep a copy of this letter for your records. Telephone NUmber ( ) Hour Sincerely yours, )^ ?e^' VIP1 e7v7-1 Sheila Bronson Dept. Manager, Code & Edit/Entity 3 Enclosure(s): Copy of this letter 047 Q S'1J ,3 0. -E n4- -a-.LU 7iB-. E •oa 1I) a)0C a) 0 0 CC a)U) 0) a) -c C0 0 L-,a011) — a) a) - a)-(F)- IL a)> a) a) (I) aEa)x >0 i_a) (c3cc3 -'J 0 '-(I)o a) 4- a) oc ?'c 0 ul fn I...- -C I- a)Q) cro Eu >i_ 0 4 -a) a)0 >?Z3 a) -- a) -j . 0 a) '-1.t3- x 0 > i) 1) - 0WaØJLL - o >a)a) 0Cco' _a) a) 0 — a-' 0 *j 0tv to U)- u-j; a 0— Ca)-. o 1Q C > 0 D co — 0 V . >-a -a) U)C Oa E ZFjz 0 C 1 0 CO,., -o MN—Ir Z OOrir' r- — 0 4- _Qr) CCO --•' 4. c co— a)C:';I'- W 2wf-H C) wz _JOCcr jctjW Owzu- Lu E -LIf -Z<!cci ocDw Hz 0 Sharon Knutson :rom : Sharon Knutson Sent: Friday, April 24, 2015 10:46 AM To: mary@surlybrewing.com ' Subject: Darkness Days - Insurance Certificate Attachments: Sharon Knutson.vcf Hi Mary, Remember to submit an insurance certificate specific to the Darkness Days event that requires $300,000 dram shop liquor liability insurance with the City of Brooklyn Center named as an additional insured. You can e-mail to me or the insurance agent can e-mail to me as well. Thank you! Sharon Knutson Sharon Knutson City Clerk Administration (Th3) 59-3306 D.rt C1T3) ç-. 173 559-3494 F 3O1 Shr,1E CrekPErb.y Ercc.k 1'nC€rtEr. MN 55430 sw,, cbcfbroc'reriter.or 1 Sharon Knutson From: Sharon Knutson Sent: Monday, April 27, 2015 11:05 AM To: Brian Peters Subject: Surly Temporary Liquor License Application Review Attachments: 20150427105430417.pdf Hi Brian, Please review the attached application and permit for a temporary on-sale liquor license submitted by The Loppet Foundation for an event (Darkness Day) to be held at Surly Brewing Company, 4811 Dusharme Drive, on Saturday, October 24, 2015. Include in your report any safety, security, or parking issues or difficulties with their suggested plan. Surly Brewing Company has also submitted an administrative land use permit for this event. Sharon TO: Sharon Knutson, City Clerk FROM: Richard Gabler, Sergeant DATE: April 27th 2015 SUBJECT: Surly Darkness Days Liquor Plan I have reviewed and approved the security plan for the Temporary On-Sale Liquor License Application for the Surly Fest and Darkness Day's events. Trained security personnel will be checking identifications and issuing wristbands at the entrance to the event to indicate who is of age and who is not. There will be additional security staff on site to monitor any issues inside the event. Surly will also be contracting with a private security company as well for additional enforcement. Surly will also be notifying neighboring businesses of the event. Richard Gabler, Sergeant City Council Agenda Item No. 6g [i[i1fl(J I fl V V DIYA U I MYA (0) 1iI WJ I DATE: May 5, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk IMY( 414it SUBJECT: An Ordinance Amending Chapter 6, Section 6.02, Subdivision 3, of the Brooklyn Center City Charter Recommendation: It is recommended that the City Council consider approving first reading of An Ordinance Amending Chapter 6, Section 6.02, Subdivision 3, of the Brooklyn Center City Charter and setting second reading and Public Hearing for June 8, 2015. Background: At its March 23, 2015, meeting, the City Council adopted Ordinance No. 2015-03 amending the City Charter as recommended by the Charter Commission. City staff noted after the Ordinance adoption that Section 6.02, Subdivision 3, still had some outdated language. The Charter Commission was notified about the housekeeping change and met on April 23, 2015. Attached is a recommendation from the Charter Commission to amend the City Charter to clean up Section 6.02. Attached is an ordinance amending the City Charter. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clew,, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Sharon Knutson From: Mark Goodell <mgoodell@gmail.com > Sent: Friday, May 01, 2015 11:47 AM To: Curt Boganey Cc: Sharon Knutson; gary-julie-brown@comcast.net ; ebesfamily@ msn.com ; flyfinn7 @nlsn.com ; myrnakauth@usfamily.net ; Robert Marvin; Harold Middleton; mary_oconnor08@hotmail.com ; tthorbu@yahoo.com ; rn.yelich@comcast.net Subject: Charter Amendment Change Transmittal Attachments: Charter Commission Amendment Transmittal 2015-04-30.pdf City Manager Boganey: Attached is the transmittal document for the recommended charter amendment to clean up section 6.02 that was approved by the commission at our July meeting for submission to the city council. Please let me know if there are any questions. Thank-you for your assistance, Mark Goodell Brooklyn Center Charter Commission 612.242.5657 mgoodel1gmai1.com BROOKLYN CENTER HOME RULE CHARTER COMMISSION April 30th 2015 Curt Boganey City Manager City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 Re: Transmittal of Recommended Amendments to the City Charter Dear Mr. Boganey: The purpose of this letter is to transmit to the Brooklyn Center City Council proposed amendments to the Brooklyn Center City Charter. The enclosed recommended amendments are being forwarded for consideration for adoption by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7 and Section VIII(B)(3)(a) of the Charter Commission's Rules of Procedures ("Rules"). Each of the recommended amendments was accepted by a 2/3 affirmative vote of the actual membership (with never less than eight affirmative votes) of the Charter Commission as required by Section VIII(B)(1) of the Rules and are being transmitted as separate recommendations the City Council may act on individually or jointly. The Charter Commission understands the City will draft one or more ordinances as needed to address the recommended amendments and will act on them within the timelines established in Minnesota Statutes, section 410.12, subdivision 7. Please feel free to contact me if there are any questions or if you would like me to provide additional information regarding the Charter Cormnission' s reasons behind the recommended amendment. Sincerely, V-/*/ ^- #01141^1 Mark Goodell ChairpersOn Enclosure Recommended Amendment #1 BROOKLYN CENTER HOME RULE CHARTER COMMISSION RECOMMENDED CHARTER AMENDMENTS The Brooklyn Center Home Rule Charter Commission hereby transmits the following recommended amendments to the City Charter for consideration and action by the City Council by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7. The following are presented as separate recommendations that the City Council may act on individually or jointly as it determines is appropriate. Recommended Amendment 41 Chapter 6, Section 6.02, Subdivision 3, of the City Charter of the City of Brooklyn Center is hereby amended by deleting the stricken material as follows: Subdivision 3. (a) Subject to the provisions of paragraphs (b) and (e) of this Subdivision, tlhe City Manager shall appoint, upon the basis of merit and fitness and may suspend or remove upon the basis of merit and fitness, and upon the provisions of all applicable ordinances, all officers and employees of the City, except the City Attorney, whose appointment and removal shall be at the discretion of the Council. Submitted to the City this 30th day of April 2015. BY THE CHARTER COMMISSION Mark Goodell, Chairperson Mary O'Connor, Secretary CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8th day of June 2015 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending Chapter 6, Section 6.02, Subdivision 3, of the Brooklyn Center City Charter. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. 2015-03 AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.02, SUBDIVISION 3, OF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 6, Section 6.02, Subdivision 3, of the City Charter of the City of Brooklyn Center is hereby amended as follows: Section 6.02. POWERS AND DUTIES OF THE CITY MANAGER. Subdivision 3. (a) Subject to the provisions of paragraphs (b) and (c) of this Subdivision, tlhe City Manager shall appoint, upon the basis of merit and fitness and may suspend or remove upon the basis of merit and fitness, and upon the provisions of all applicable ordinances, all officers and employees of the City, except the City Attorney, whose appointment and removal shall be at the discretion of the Council. Section 2. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. Adopted this 8th day of June 2015. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, double underline indicates new matter.) City Council Agenda Item No. 7a Member introduced the following resolution and moved its adoption: RESOLUTION NO RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF SCOTT BURFEIND FOR HIS DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION WHEREAS, Scott Burfeind was appointed as a member of the Planning Commission on February 13, 2012, and then was elected to serve as Chairperson fromApril 25, 2013, until his resignation on March 31, 2015; and WHEREAS, he has made significant contributions as a member of the Planning Commission, including review of land use, redevelopment, platting, rezoning and special use applications, plan approval, variances, and review of the Comprehensive Plan; and WHEREAS, his leadership and expertise have been greatly appreciated by the Planning Commission; and WHEREAS, his 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 his 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 Scott Burfeind 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 he has rendered to the citizens of Brooklyn Center. May 11, 2015 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 ZACHARY MARKO FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION WHEREAS, Zachary Marko was, appointed as a member of the Housing Commission on November 25, 2013; was elected as Chairperson on January 21, 2014, and served through January 20, 2015; and has resigned from the Housing Commission effective April 30, 2015; and WHEREAS, as a member of the Housing Commission, he contributed to developing and recommending standards for occupancy and maintenance of housing for the community; and WHEREAS, his leadership and expertise have been greatly appreciated by the Housing Commission; and WHEREAS, his 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 his 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 Zachary Marko 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 he has rendered to the citizens of Brooklyn Center. May 11, 2015 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. 7c COUNCIL ITEM MEMORANDUM DATE: May 6, 2015 TO: Curt Boganey, City Manager FROM: Brian Peters, Acting Chief of Police SUBJECT: Observance of Police Week and Peace Officer Memorial Day Recommendation: It is recommended that the City Council resolve to observe May 15, 2015 as Peace Officers Memorial Day; and the week of May 10 through May 16, 2015 as Police Week, Background: Congress and the President of the United States has designated May 15th as Peace Officers Memorial Day, and the week in which it falls as Police Week. Observance of Police Week and Peace Officers Memorial Day will help recognize our Brooklyn Center Police Department and other law enforcement agencies, as well as officers who died or were disabled in the line of duty. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING MAY 10 THROUGH MAY 16, 2015, AS POLICE WEEK AND MAY 15, 2015, AS POLICE OFFICERS MEMORIAL DAY WHEREAS, the Congress and President of the United States has designated May 15 as Peace Officers Memorial Day, and the week in which it falls as Police Week; and WHEREAS, the members of the law enforcement agency of Brooklyn Center play an essential role in safeguarding the rights and freedoms of the citizens of Brooklyn Center; and WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities of their police department, and that members of our police department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, the police department of Brooklyn Center has grown to be a modem and scientific law enforcement agency which unceasingly provides a vital public service. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the citizens of Brooklyn Center and all patriotic, civil and educational organizations be called upon to observe the week of May 10 through 16, 2015, as Police Week with appropriate ceremonies in which all of our people may join in commemorating police officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. FURTHER, be it resolved that all citizens of Brooklyn Center be called upon to observe Friday, May 15, 2015, as Peace Officers Memorial Day in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty. May 11, 2015 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. 10 City Council Agenda Item No. lOa #1 COUNCIL ITEM MEMORANDUM DATE: May ll,2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 14I4)(( *W* SUBJECT: Type IV 6-Month Provisional Rental License for 4809-11 Twin Lake Ave 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 4809-11 Twin Lake Ave. 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 1 building, 6-unit multifamily property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on 35 (5.83/unit) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents 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 Rental 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: 01-02-2015 The Owner, Curtis Erickson, applied for renewal of the rental dwelling license for 4809-11 Twin Lake Ave, a 1 building, 6-unit multifamily. 01-27-2015 An initial rental license inspection was conducted. 35 (5.83/unit) property code violations were cited, see attached rental criteria. 02-27-2015 A second rental inspection was conducted and failed. A $200 reinspection fee was charged to the property. 03-16-2015 The $200 in reinspection fees was paid. 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 03-31-2015 A third inspection was conducted and passed. The previous rental license expired. 04-08-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 04-08-2015 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. 04-20-2015 A Mitigation Plan was submitted. 04-22-2015 The Mitigation Plan was finalized. 05-04-2015 A letter was sent to the owner notifying that the hearing before the Council will be held May 11, 2015. If approved, after six months, a new rental license is required. The license process will begin within three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances time quality of life for a!! people and preserves (lie public trust 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. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type 1-3 Year 11-2 units 10-1 Type 11-2 Year 11-2 units I Greater than 1 but not more than 4 Type III - 1 Year 11-2 units I Greater than 4 but not more than 8 Type IV - 6 Months 11-2 units I Greater than 8 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 51813.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes No Category 1-2 ________ 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for a!! people and preserves the public trust BUILDING AN D COMMUNITY ST$flABDS X13RCCO'OKLYNty f Rental LIcenSe Mitigation Plan Type IV LIcense Handwritten Mitigation Plans will not he accepted A fiUable form can be found on the City's website at www cityofbrooklynceritar org or call (783) 569-3330 to have an electronic copy sent to you via emaiL 4p,c Property Address: 4809 and 4811 Twin Lake Avenue Brooklyn Center, MN 5 5429 Owners Name(s): Curtis Erickson Owner's Address: 4809 Twin Lake Avenue 1 Brooklyn CenIer , MN 5549 wner's Phone: (78)537-84713 Owner's Email: david©tiavestgcow.com Current Expiration Date: Local Agent(s): Curtis Erickson Caroline EricksonDavid Erickson Agent's Address: David Erlon 4811 Twin Lake Avenue 92 nrooklyn Center, MN 55429 Agent's Phone: (612) 226-92e2 Agent's Email: davidharveslgroW.com Pending Expiration Date: wswis ^Slx mnthe from current expira1icr) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV -6 Month Rental License Pnorto application approval by the City Council a fully completed Mitigation Plan must be completed and approved by City staff A Mitigation Plan must be completed immediately in order 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 A Mitigation Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the properly. If the Mitigation Plan is not submitted, and all items are not completed within the pending license period, or the above property operates beyond the license expiration date, enforcement actions such as citation, formal complaint, or license review may result, 13 6fore ,.isubmlttinq, fill-out Sections A, B, and C located on pages 23, 4, and 5 Pag 1/0 Type IV Rent al Lnse Miigetfon Plan, Rev. 44415 City of Brooklyii Canti--r—Ruil4ing andCant -Building Conimunily Stndad Department www c ftrooIdncenter ro 6301 $hin5ie CrerkParkvay, areeklyri Cchtet, MN 85430-2196 1 Phone: (76) 5-333D 1 TM 711 Fs: (76569-3360 BUILDING AND COMMUNITY STANDARDSCity of - BROOKLYN 48) and 4811 Twin Lake Avenue CENTER Brooklyn Center, MH 55429 Rental License Mitigation Plan Type IV License Sections A—t1ine Free Housing Program Requirements Phase I [ 1) Use a written lease agreement. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted. 2) Agree to pursue the termination or tease agreement or eviction df tenants who violate the terms of the lease or any addendums. EJ 3) Conduct criminal background cheek for all new prospective tenants. If it is a current tenant a new background check is not required. Must be able to provide documentation to City if requested, {] 4) Attend a City approved eight-hour Crime Free Housing training course. Information for approved courses can be found atwwwmncpa.net under the Training and Events tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted. Crime Free Housing training was completed °n/is sthdcicd for: Owner or agent attended/is planning to attend training at city of., Brooklyn Park j 5) Submit Monthly Update by the 10th day of each month. Phase H 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Department. To schedule an initial or follow-up Security Assessment, call (763) 569-3344. A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented. If a Security Assessment has been previously completed write the completion date Security Assessment was completed onus scheduled for: 4124115 Security Assessment follow-up was completed on/is scheduled for: Continue Sections A 3 Phase III on page 3 Page 246 Type IV Rntai LJcrse M1gtioI, Fiend Re 4-14-15 City of Brooklyn Center—Building and CoimrtiiIy Standayds Department vAvw,c1tyofbrooNyncentPr.org 001 Shine Creek Parkway, 5riakfyn Center, MN 55430-2109 1 Phone: (7)555-3330 l 11Y: Ill I Fax-(763)569-3360 BUILDING AND COMMUNITY STANDARDSWCityof BROOKLYN 480 and 4811 Twin Lake Avenue CENTER Brooklyn Center, MN 55420 Rental License Mitigation Plan Type IV License Sections A—Crime Free Housing Program Requirements (continued) Phase Ill j 1) Over or agent will attend at minimum 50% (2) of the A..M. meetings. The AR.M. meetings must be completed within the rental license period and before the pending Type IV License expiration date. Registration is not required, however you must sign-in during the meeting, Write two meeting dales an owner or agent plan to attend. Owner or agent will attend A.R.M. meetings scheduled on: and 6115 nyl 2) Have no repeat code violations previously documented with the past year. The following actions are required for properties with four (4) or nore Units. J 1) Conduct resident training annually that includes crime prevention techniques. 2) Conduct regular resident meetings. Page 315 Typ8 IVRerreJ Ucense Mitigation Plan, Pev, 44445 city of 800k1yn Cete— i1dig aud Community Sand'da Derüneitt Aro1dmcehtcr.n 61 Shingle Creek P&kway, Broktn Cnthj- MN $5430-2199 1 Phone: (753) 56-3330 1 TTY; 711 1 Fax: (763) 569-3360 BUILDING AND COMMUNITY STANDARDS 4809 and 4811 Twin Lake AvenueX ENTER Brooklyn Center, MN 5420 Rental License Mitigation Plan Type IV License Sections B.-Long Term Capital Improvement Plan Based on condition and age, estimated replacement dates need to be provided for common capital items. Funding should be considered accordingly. Items that are broken, worn, or otherwise in violation prior to the estimated replacement date need to be replaced sooner. All items must have a date for Estimated Replacement bate. Dates such as: "unsure", "don't know', or "when broken" will not be accepted. If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, appearance, condition, or manufacture/industry recommendations. Additional information on Expected Useful Life can be found at ww.hucLgov. Item Date Lest Replaced Conditio n*Expected Replacement Date Example. Water Heater May2010 F May2020 Furnace January 1 0 85 0 July 2020 Water Heater January 2000 G July 2020 Kitchen Appliances January 20 (3 January 2020 - Laundry Appliances July2010 (3 July 2020 Smoke Atamisl Carbon Monoxide Alarms Febriary 2015 G February 2020 Exterior items Paint/Siding Jy201 (3 July201118 Windows January 1954 G January 20O Roof July 2014 N July 2024 Fence Shed July2000 c July 2050 Garage January 1964 0 Janury20&) Driveway July 2000 (3 July2030 Sidewalks January 1965 F July 2050 Other Roof insulation July 2014 N July 2050 *O on di on Abbreviations ,New--N GoodG FairF Needs ReplaomntR Page 416 Type I V Rer1eI License Mitiga!ien Phrn, Re v, 4-14-15 City ofoo1dyn Center—fl milding ad CmmunityS1aiutad Dximtt wwvlityQrbroDl4ynentrorg 60t 8hirl e Creek Parkway, Brooldm Cent, MN 543"1 59 J Phone: (763)663-3$30 I TTY-,711 J Fax: (763) 6-60 BUILDING AND COMMUNITY STANDARDS TOKLYN NTER 4809 and 4811 TwIn Lake Avnue Brooklyn Center, MN 55429 Rental License Mitigation Plan _ Type IV Ucense Sections C—Steps to Improve Management and conditions of Property The items in this Section have been proven to assist with property management and property image. The following actions are required: 'I) Check-in with tenants every 0-days. [} 2) Drive by property to check for possible code violations. 1!J 3) Evict tenants in violation of the lease or any addendums. j 4) Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City. Lu 5) Other., The following actions are optional unless required by the City. 1)Provide lawn/snow service. 2)Provide garbage service. 3) lnstaH security system. LI 4) Provide maintenance service plan for appliances, Name of service company: LI] 5) Other - If the Type IV-6 Month Rental License is approved by the City Council, the licensee must comply with the approved Mitigation Plan and all applicable City Codes. A written report must besubmitted by the jØth day of each month with an update of actions being taken by the owner and/or agent to comply with this Mitigation Plan. A copy of the Monthly Update can be found on page 7. A fillable form can be found on the City's website at wwcityofbrooklyncenLer.org or call (763) 569-3330 to have an electronic copy sent to you via email Please attach additional Information if necessary. Page 5/ Type Il/ RenÉe! Lkoms Miligalkin Plan, Rev. 4-1 4-1-5 City of Brooklyn Cente—Bui1dmg and Conuniinity Stndard Dtpaxtmerit - view dt athroo yncer1tr ar 6301 S1iirte GrekParkviy. Brooklyn Certer, ON 55430-219 I Piiarie; 763) 56-3 TTY: 711 1 F: (763) 569-360 BUILDING AND COMMUNITY STANDARDS XBIRCRC(C^l'yel6N 48and4511TwinLakeAvrue II BrooklynCENTER Center, MN 5429 Rental License Mitigation Plan - Type IV license Sign and Verify I verify that all information provided is true and accurate. I understand that if do not comply with the approved Mitigation Plan, comply with all items within the license period, or operate beyond thelicense expiration date, enforcement actions such as citations, formal complaints, or license reviewmay result. Curtis Erickson Owner or Agent Name and Th!(Ple ase Print) Owner or Ag ent Signature Date David Erickson A,c(nfl Owner or Agent Name and Title (If Applicable, Please Print) dtiorial Owner or Agent Signature (if Applicable) Date City Staff only ' Pulic.eapertment fit- ci-d4 Bull ing And Community Stan dard, Depertment ' Va/1'-p Date Pega Type IV Rental Ucense MitgaIlon PJsnRev. 444 -15 City ofBiook1yn C e nte r—Building and Community Start4rd% Dep artment ww'Litybfbrau1dyenterrg 8hinje Cr eek Parkway, Brijokfyh Center, MN 5M30219 I Phri.e: (76) 563-3330 I TTY: 711 I Fax: (763)569-3 a60 City Council Agenda Item No. lOa #2 COUNCIL ITEM MEMORANDUM DATE: May ll,2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk &UM 4AI* SUBJECT: Type IV 6-Month Provisional Rental License for 6021 Emerson Ave 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 6021 Emerson Ave. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This is a single family property. This property qualifies for a Type IV Rental License based on ten (10) property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental 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: 06-30-2014 The Owner, Derek & Brandi Schack, applied for an initial rental dwelling license for 6021 Emerson Ave N, a single family property. 07-07-2014 An initial rental license inspection was conducted. 10 property code violations were cited, see attached rental criteria. 08-11-2014 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-03-2014 A third inspection was conducted and failed due to no access. 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 12-04-2014 A fourth inspection was conducted and passed. The $100 reinspection fee charged on 09-03-2015 was waived because of scheduling conflicts of the inspector. The $100 reinspection fee was paid. 01-07-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-18-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-02-2015 A $125 Administrative Citation was issued for not submitting a mitigation plan. 04-13-2015 A Mitigation Plan was submitted. 04-20-2015 The Mitigation Plan was finalized. 05-04-2015 A letter was sent to the owner notifying that the hearing before the Council will be held May 11, 2015. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the 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 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 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. 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 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: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type I - 3 Year I 1-2 units 10-1 Type 11-2 Year I 1-2 units I Greater than 1 but not more than 4 Type III - 1 Year 1 1-2 units I Greater than 4 but not more than 8 Type IV - 6 Months I 1-2 units I Greater than 8 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 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 report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than I or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than I 5 or more units Greater than 0.50 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 I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-219 Phone., 763.559.3300 TTY 711 Fax: 753569-3360 )WWcityQfbroak1yflcenter org Rental License Mitigation Plan--Type TV Rental License Handwritten plans will not be accepted. Please type or nsefihlabk form on City website. Sèctiöñ A-Preity1nfoiiñatióñ Property Add ress:6021 Emerson Ave N Owner Name: Derek Sc-hack-1 & an d 1,') Local Agent Owner Address: 525 5th Ave NE Oseo MN 55430 AgentAddiess: Owner PI1OflC 612-481-2508 Agent Phone Owner Eniall-matmanlg94@icioud.com -Agent Email Rental License New Renewal Current License Expiration Date: *Pending Type IV License Exp. Date:._J License Exp. 11/30/20 - - Six months from current license expiration) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure oneolag 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 nianagerrient of the property. NOTICES 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. Section B— Required acuments Submit the following documents with the Mitigation Plan for approval; r 77 1, Crime Free Housing Program Training Certificate (if completed, if not completed, please include F71 2 scheduled date in Section C. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 1 3.Submit written report by ID" of each month (after license approval). Section C— Crime Free Housing Program Requirements EhaeI I I I.Use Written lease including Crime FreeHousingLease Addendum. 57-12, Conduct criminal background check for all prospective tenants. Provide documentation to City if 3.M1 requested, Pursue the eviction of tenants who violate the terms of the lease or any addend,ims, Page 1 Type IV Mitigation Plan Rev 114641 5. vss approved eight hour crime Free Housing course. Date Course Completed: or Date Curs Scheduled: June 1015 Phase II /J Complete Security Asessment and implement all security improvements recommended by The Brooklyn Center Police Department, Date Scheduled: 0203.2015 Improvements to be completed by: LL\ V1t Phase IIIF-77 Iwill attend a minimum of 50% of the ARM meetings (two). I will attend the ARN4 meetings scheduled for Much 1211* & May 14th Do these two meeting dates occur before the *P ending ?)pe IVLIcezse expiration date-ARI Yes El No (*See SeclkmA) If no, you will only be able to qualify for a Typo 1V RetE License upon renewal I will have no repeat code violations previously documented within the past yoer Forproperlies wIth four or niore untis 1 will conduct resident training annually that includes crime prevention techniques. I 1 i will hold regular resident meetings. Based oii condition and age, estimated replacement dates are provided for common capital itCms. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated reolacoinent date will reaulre earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-2010 2020 - Water Hester-200$2021 Kitchen Appliances-20_12)2000U14 2025 Laiindrypnjirmces-. -2011 2020 Exterior -Paint/Siding, fascia, trim -Windows -Roof - -Fefteo -Shed -.-Garage...... -Driveway . -Sidewalks .. . 202$ 2014 2029 2004 2018 ..NIA 2020 ______________________ FA NIA Smoke Alarms& Carbon Monoxide Alarms 2014 2017 Other(s) implementing the following best practices may assist in the management ofyour property. fly ducMig the boxes Idow, you agree SD:I .7( i. Check in with tenants every 30 days I I V7 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-1-11 I\/! 3. Evict tenants in violation of the lease and all addendums.M 4. Provide la.n/snow service.I I 5. Provide garbage service.I_I i. Install security system.YI - I Provide ma1nteii4ne 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.I I 9. Other(s): Please read thoroughly If the Type IV Rental License is approved by the City Council, the Liccn see must comply with the approved Mitigation Plan and all applicable, city codes. No later than the 10th 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. 1 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; enforcenient actions such as citations, formal complaint or license review may result. t '/4I"1 el--; Owner or Agtiit Name and Title (Plme !'rii1) L1L)3 IL Owner or Agent Signature Date Additional Owner or Agent Name and Title(if appllcab1e) (Fkcse Print) Additional Ownar or Agent Signature (ijappiicabl Date For City Use-.Mitigation Plan Approved /c7 e Police Department / Title Date +IYVL 17 Is Department /Title I[( 7f(rç=. Dee Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. lOa #3 COUNCIL ITEM MEMORANDUM DATE: May ll,2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6777 Humboldt 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 6777 Humboldt 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 recommenaed 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 Rental License based on twelve (12) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents 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 Rental 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: 01-29-2015 The Owner, Andrey Ryvlin, applied for renewal of the rental dwelling license for 6777 Humboldt Ave N, a single family dwelling. 03-02-2015 An initial rental license inspection was conducted. 12 property code violations were cited, see attached rental criteria. 04-02-2015 A second rental inspection was conducted and passed with weather deferral items. 04-08-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 04-08-2015 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 al/people and preserves the public trust COUNCIL ITEM MEMORANDUM license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-27-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-27-2015 A Mitigation Plan was submitted. 04-30-2015 The previous rental license expired. 05-01-2015 The Mitigation Plan was finalized. 05-04-2015 A letter was sent to the owner notifying that the hearing before the Council will be held May 11, 2015. If approved, after six months, a new rental license is required. The license process will begin in approximately three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and 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 seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of.Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type 1-3 Year I 1-2 units 10-1 Type 11-2 Year 1-2 units I Greater than 1 but not more than 4 Type III - 1 Year 11-2 units I Greater than 4 but not more than 8 Type IV - 6 Months 11-2 units j Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes No Category 1-2 0-1 Impact 3-4-units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units - Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. 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 BUIIiT)ING AND COMMUNITY STANDARDS XBROO! tyofOKLYN Rental License Mitigation PlanNTER Type IV Licen5e Handwritten Mitigation Plans will not be accepted. A tillable form can be found on the City's website at www.cityofbrooklyncenter.org or call (763) 569-330 to have an electronic copy sent to you via email. - -XT Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies fora Type P/-6 Month Rental License. Priorto application approval by the City Council a fully completed Mitigation Plan must be completed and approved by City staff, A Mitigation Plan must be completed immediately in order 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. A Mitigation Plan allows the owner and the City to review concerns and identity possible solutions to improve overall conditions of the property. If the Mitigation Plan is not submitted, and all items are not completed within the pending license period, or the above property operates beyond the license expiration date, enforcement actions such as citation, formal complaint, or license review may result. Before submitting, fill-out Sections A, B and C located on pages 2, 3,4, and 5. Page 116 Typ6 IV Ronfalti nse Mh'igkwi Plan, R&v. 444.15 - City of Drookiy Center—Building and Coxutrnmfty Standards Depteit ww&yo1brooklyr1centerMr 6301 Shingle CrueR Parkway, Brooklyn Center, MN 55430-2l0 I Phre: (763)563-3330 1 TTY: 711 1 F: (763) 560-5360 BUII1DING AND COMMUNITY STANDARDS tyoI -.XCBRCRCO'OHLYN . Rental License Mitigation Plan CENTER Type IV License Scctlons A—Crime Free Housulg Program Reqwrements Phase I j1) Use a written lease agreement. The lease agreement shall Include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted. 2)Agree to pursue the termination or lease agreement or eviction of tenants vho violate the terms of the lease or any addendums 3)Conduct criminal background check for all new prospective tenants- If It Is a current tenant a new background check is not required. Must be able to provide documentation to City if requested. Rv 4) Attend a City approved eight-hour Crime Free Housing training course. Information for approved courses can be found at www.mncpanet under the Training and Events tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted. Crime Free Housing training was completed on/is scheduled for; 12114106 Owner or agent attended/is planning to attend training at city of: j 5) Submit Monthly Update by the IO day of each month. Phase II FVJ 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Department. To schedule an initial or follow-up Security Assessment, call (783) $69-3344. A follow-up assessment must he completed before the license expiration date to verify the security improvements have been implemented. If a Security Assessment has been previously completed, write the completion date Security Assessment was completed on/is scheduled for.2 O 1 Security Assessment follow-up was completed on/is scheduled for: 1 1.1 /oil Continue Sections A Phase UI on page 3. Pe 216 Th,e 1VRera? L9r? Mingir Plan, Rev. 444.1 City ,of Iroch1yn Cener—Bti11d1nØ and Community Standards Department www.dtyolbrnDklyflceflterOrg 5301 SF1ir9ls Creek Parkway, Brooklyn Center, MN 5543O-216 1 Phone: (763) 583-3330 1 TTY 711 1 FaX (763) 59-3360 BUILDING AND COMMUNITY STANDARDSCity Of 777 Humboldt Ave NBROOILN Rental License Mitigation Plan Type IV License Sections A—thne Free Housing Program Requirements (ontin&:ed Phase HI 1) Owner or agent will attend at minimum 50% (2) of the A.R.M. meetings. The A.R.M. meetings must be completed within the rental license perIod and before the pending Type IV License expiration date. Registration Is not required, however yu must sign-in during the meeting. Write two meeting dates an owner or agent plan to attend. Owner or agent will attend ARM. meetings scheduled on: 14I5 yj7191I5 jJ 2) Have no reteat code violations previously documented with the past year. The following actions are required for properties with four (4) or more units 1) Conduct resident training annually that Includes crime prevention techniques. LJ 2) Conduct regular resident meetings. Pgr 346 - Type IV Rental Lfeense Mitgton Pion, Rev. 444.15 Cily of Brookyit Cete—Building and Conuninity Stzdazd5 Departmeit WvAv.City01broQk1yncenter.org 301 ShInOIe Creek Parkway, Brooklyn Center, MN 55430-2199 I Phone: (763) O63-33Q 1 TTI': 711 I Fx (763) 059-3359 BUILDING AND COMMUNiTY STANDARDScity *f 0777 Humboldt Ave N CENTER OOk9JS4.3pJ DR Rental License Mitigation Plan Type IV License Sections B—Lwgre ria a! in pio'emeatpian', k - Based on condition and age, estimated replacement dates need to be provided for common capital items Funding should be considered accordingly. Items that are broken, worn, or otherwise in violation prior to the estimated replacement date need to be replaced sooner. All items must have s date for Est/mated Replacement Date. Dates such as: 'unsure", "don't know", or "when broken" will not be accepted. If ybu are unsure of when an item will need to be replaced, you can make a prediction based on the age, appearance, condition, or manufacture/industry recommendations. Additional information on Expected Useful Life can be found atwwwiiudgov. Item Dale Last Replaced £xaçc!ple LjfaterHeaer May 2010 Furnace 1995 -- Water Heater 2005 Kitchen Appliances 2014 Laundry Appliances 2015 Smoke Alarms! Carbon Monoxide Alarms 2015 Exterior Items Condition* Expected Replacement Date G] 2025 2020 G 2M4 N F1 2O3 G 2018 FaintiSiding Windows Roof Fence Shed Garage Driveway Sidewalks Other: kntt iftn -rviY&fl'1rL ]YYMY7H:2LJvL /L mp23v?_ivi- 21i24 m vW,),WA11 4 1(-A1 k r)i CAM DY{xv1r OA'\, OL L- *C Or dftion Abbreviations. New--N GodG Fair--F Weeds Replacement-IR Pago 41 Typo !VRental Linse Mi&on Pian, Re 44415 Cfty of Brooklyn Center—Building and Bommunty Standards Department wNw.ciokJynenter.org 6301 8hingle Crook Parkway, Brooklyn Center, M1 5430-2199 1 Ple: (763)5633330 I TrY: 711 1 Fac (763 69-326o BUILDING AND COMMIJTJITY STANDARDSCity of 377 HumboldtAveN lcptMN5543tJ - Rental License Mitigation PlanCENTERType IV License Soction C—Steps to improve Mana9emcnt and Coridition of Property The items in this section have been proven to assist with property management and properly image. The following actions are required; jJ 1) Check-in with tenants every 30-days. 2)Drive by property to check for possible code violations. 3)Evict tenants in violation of the lease or any addendurns. 4)Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City. 5)Other: The following actions are optional unless required by the City. 1)Provide lawn/snow service. 2)Provide garbage service. Li 3) Install security system. Li 4) Provide maintenance service plan for appliances. Name of service company; I: 5) Other; If the Type IV-6 Month Rental License is approved by the City Council, the licensee must comply with the approved Mitigation Plan and all applicable City Codes, A written report must be submitted by the le day of each month with an update of actions being taken by the owner and/or agent to comply with this Mitigation Plan. A copy of the Monthly Update can be found on page 7. Afihlable form can be found on the City's website at www.cftyofbrooktyncenter.org or call (763) 569--3330 to have an electronic copy sent to you via email. Please attach additional information If necessary. Page £'6 Type JV Rental License Mftigalien Plan, Rev, 44445--CRY ofof Brooklyn Center—Building and Community Standards Department iwcyoThrooidynceitar.vrg6301 Shingle Creek Parkway, Brookyr Center, MN 65450-2199 1 Phone: (763)563-33M I TW; 711 I Fe (753) 569-3360 BUILDING AND COMMUNITY STANDARDSCity of 'r bdHumdt Ave NRaff BROOKLYN Fk,c t rMN 5 Rental License Mitigation Plan L Type IV License Sigii nd Verify I verify that all information provided is true and accurate. I understand that if do not comply with the approved Mitigation Plan, comply with all items witiin the license peiod, or operate beyond the license expiration date, enforcement actions such as cittons, formal complaints, or license review may result. Mcfrey 1yvlin, owner Owner orAgeni Name and Title (Please Print) OwrleflbrA Signature Additional Owner or A gent Name and Title (ilAppticablo, Please Print) Additional Owner erAgent Signatwe (if Appileeble) Date City Staff Only Pot k/1{ Department Date ti' log and omm. oily Standard Depattrnenl Date Page & Type 1V Rental Ucnse Mitigation Plan, Rev. 444-15 City ofeokIyn Center—Building Corn Sta4asDepaiirnett w.citybrociktyriceaier,erg6301 Shinie Creek Parkway, Brooklyn Center, MN 634302190 1 Piirnie: (763) 663-3330 1 TTY: 711 I Fax: (753) 569-3350 City Council Agenda Item No. lOa #4 COUNCIL ITEM MEMORANDUM DATE: May ll,20l5 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5800-30 Logan Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 5800-30 Logan 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 multi-family property with 2 buildings/22 units. The previous license was a Type IV Rental License issued on December 9, 2014, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type I Rental License based on 11 (0.50/unit) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Atission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM Current rental license approval activities: 12-30-2014 The owner, Farnaz Toussi, applied for renewal of the rental dwelling license for 5800-30 Logan Ave N, a multi-family property with 2 buildings/22 units. 01-22-2015 An initial rental license inspection was conducted. 11(0.50/unit) property code violations were cited, see attached rental criteria. 01-31-2015 The previous Type IV Rental License expired. 02-26-2015 A second inspection was conducted, however, the owner stated that he did not receive a notice and was not aware of the inspection. No reinspection fee was charged. 03-23-2015 A third inspection was conducted and passed. 04-08-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 04-08-2015 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. 04-27-2015 A Mitigation Plan was submitted. 05-01-2015 The Mitigation Plan was finalized. 05-04-2015 A letter was sent to the owner notifying that the hearing before the Council will be held May 11, 2015. Prior Type IV Rental License approval activities - 06-03-2014 The Owner, Farnaz Toussi, applied for renewal of the rental dwelling license for 5800 Logan Ave N, a multi-family property with 2 buildings/22 units 07-01-2014 An initial rental inspection was conducted. 86 property code violations were cited, see attached rental criteria. (3.91/unit) 07-31-2014 The previous rental license expired. 08-18-2014 A second rental inspection was conducted and passed. 09-18-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 11-04-2014 A $125 Administration Fine was issued for not submitting a Mitigation Plan and a $300 Administration Fine was issued for operating without a rental license. 11-05-2014 A Mitigation Plan was submitted. 11-25-2014 The Mitigation Plan was finalized. 12-02-2014 A letter was sent to the owner notifying that the hearing before the Council will be held December 8, 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. Mission. Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 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. 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. 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 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: • 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. Mission: Ensuring an attractive, clean, safe, inclusive continually that enhances the quality of life for all people and preserves the public (rust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type 1 - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than I but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 I 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 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than I but not more than 3- Category 34 units Greater than 0.25 , but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 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 Budget Issues: There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5800-30 Logan Ave N 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 APPROVING A TYPE IV RENTAL LICENSE FOR 5800-30 LOGAN AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5 800-30 Logan Ave N, was issued a Type IV Rental License on December 09, 2014; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 5800-30 Logan Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 5800-30 Logan Ave N Brooklyn Center, MN. May 11, 2015 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. I City of Brooklyn Center phone., 7-55-3200 TTY 711 E01 $hiri&e creek Parkway Fan, 73-9-3$0 Brooklyn Ceiter, MN 5540-2199 7 wvcif1rookIyr)cr)tt.org .ental Licee Mitigation Plan--Type IV RenW License tndwritanpian' will noE b acepet Nease type or uefllhthkform on Cy wkUe. Based on property conditions grid cn validated pale nu ice incidents, the above refrenced proparry quaiifies for a Type IV Rental Lieense Befota your hoensa VVHOallo r r.anbe considered by the City Council, ,MtIgatwu ?isn must be ooznp18td and reviewed by City staff. A fully o0inpleted Mthgatiou Plan jnust be sibmltt4d Immediately to ensure timely conipleUon of the I icotiso application process, The Mitigation Plea should Indioe the steps being taken to rret identified violations and the measures thai will be taken to 000Thgc 1TIp1 iance with City Ordinans and applicable Codes The Mitigation Plan provides an opportunity to r'oview property concerns and identify possible solutions to irnprovo the overall tonditfollsi and Inariagenient oftl)B property. NOTICE: Time is Running Out—You must TAKE ACTION INTOW in oxder to meet all the city ordinan and Mitigation Plan reqohenients within thie *p cnding license period and avoid legal aotlons. Submit -the foflowhig 4oiunents With the Mitigation PIii roraprova1e L!' 1 1 Crime Free Housing Program Training Certrfiont (fompleted4 ifnot orepletcd please include solieduled dati in Section C. LV' U 2 ôpyoease including Minliesota Cilme Freic Flousing Lease AddenthirnIi I . Submit written repoTtby 10 of each month (aft icense apprcyal) / 1.Use written Ieae including Crime Free Housing Lease Ad&nduxn / 2.Conduct criminal background check for all prospective tenants. Provlde dovmeutt1on. to City if -- requestedI / ! . Pursue tho oviolion of tenant wht, violate the terms of the leas c any addendums. Page 2 Type IV Mtigation Man Rev 11-16-11 [74. Attend City approved ei ght hour Crime Free Housing c ourse . Date Cowe Completed! -- or Date Course Scheduled! Phase iiLU CoI n plete, security Asnnt and implement all security impro vements recommended by the 13rooklyn Ceutr Police Date cbeduld 1241K) 1A) I 2/V Improvements to be c-omp1ted by ! 'LD t Pha s e 10 (t will attend arnjrijrnum of 50% oftheA1rneetngs TT_71r^ ARM &,L Do these two ineethig dates occur before the FencRng 2>pe I7 License epratioi date? I YOS 0 1'To (4 5e Sjtion 4) IXno, you wifi oily be the to qualify for a Type TV Rental License 0,on reitewaL L{i i will 1ve no repeat code vlolations previously documented within the past year . For ppefl wfflfour or mare uths: --: h1I will oondnct resident franing annually that includes crime prevention techniquas fl?1 Iwil] hold phir INTO aed on condition and nge, esthnated replaeme1t dates are provided for common capital sterna. Funding should be considered accordingly, vever, items broken worn Or Otherwise in vo1ation prior to the estmiated replac ement date will rcriire earlier corrections. ____________________ -. Date Last kep1aed RDate FtnnaceJAC- --0 Onirairi Water Heater-2010 -2025 2014 Laundry Appll 96n g NA_________ Exterior 2014 7014 Oro1n-PaiSlngfaci trim_____________________ -Windows 2010-RODf Shed -Garage_ -- llj or.-Drivcviay -S i dewalks -- Smoke Alarms & Carbon Monoxide Alerins OWN Othr(i Implementing the follow i ng be st practioes may saist in the management of your property. cing the boxes below, you agree to I. Check in with tenants every 30 dayaEl /_I 2 Drive by property to check for violations twice a m onth. & Pe 2 Type IV 11it gation Plan Rev 11-1611 L-i_i 3 Evict tenants li violation of-die lease Md all addenduizi,ILIZI 4. Provide lawn/now sewie.LL. I S. provide garbage Semee.EEJ . taii security system.i .. Counterpoint nergy I 7. Provide maintenance serviee plan for appliances. Nane of service co. -- ILLJI S, I am and will remain current on payment of utIlity fees taxe.s, assessment fines, penalties and other ___ financial claims due to the City,-I tF1 , Other(s); Please reaI thoroughly; Lf the Type 1V RitaE Liceie is approved by the City Council, the License must comply with ihe approved Mitigation Plan and all applicable city codes. No later than the 10 th of each calendar monik the, licensee rntst submit to the Building and Community StMdards Department a written report describing all steps taken to comply with the itigatjon Plan, I -VP-dfY That all information provided above is true and aeeurate I undeiatand that if! do not comply with an apprrnied Mitigation Plnn comply with all applicable ordinuce,,s within the license period or operate beyond the license expiration date; enforcement actions snth as citatins fornal complaint or license review may result, F&naz Toussi Owner or Agentl4ame and April 24th, 2015 OwnertAgent Signature Date Additional Ownei-QrAgtritNanie and Title jfppliiib1e) lemg Date FM (2jtv J Mit3gnio t'lan Aprd 13 Police bartmentlTjt1e - Date cTzv±svcf 7j_-- Depa mient/Ttle Dke Page 3 Type IV Mitiariori Plan Rev 11.IC-11 City Council Agenda Item No. lOa #5 COUNCIL ITEM MEMORANDUM DATE: May ll,2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk bw&( 4uz^k SUBJECT: Type IV 6-Month Provisional Rental License for 1320 68th Lane N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 1320 68th Lane 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 license was a Type IV Rental License issued on January 15, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on three (3) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend the Crime-Free Housing Training, turn in monthly updates, and failed to complete security improvements. According to city Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. 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 Current rental license approval activities: 01-26-2015 The owner, Cyrus Keriago & Rachel Omao, applied for renewal of the rental dwelling license for 1320 68' Lu N, a single family dwelling. 01-31-2015 The previous Type IV Rental License expired. 02-04-2015 An initial rental license inspection was conducted. Three property code violations were cited, see attached rental criteria. The property was posted as unlicensed. 03-09-2015 A second inspection was conducted and passed. 03-23-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-23-2015 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. 04-09-2015 A second lettr 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. 04-22-2015 A Mitigation Plan was submitted. 04-28-2015 The Mitigation Plan was finalized. 05-04-2015 A letter was sent to the owner notifying that the hearing before the Council will be held May 11, 2015, Prior Type IV Rental License approval activities: 05-15-2014 The Owner, Rachael Omao, applied for renewal of the rental dwelling license for 1320 68th Ln, a single family dwelling. 06-17-2014 An initial rental inspection was conducted. 18 property code violations were cited, see attached rental criteria. 07-31-2014 The previous rental license expired. 08-22-2014 A second rental inspection was conducted and passed. 09-03-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-17-2014 A Mitigation Plan was submitted. 09-19-2014 The Mitigation Plan was incomplete with missing information. Staff called and left a voicemail for the property manager. 09-23-2014 A phone massage was received from the property and a return message was left for the property manager. 11-04-2014 A $300 administrative citation was issued for operation without a rental license and a $125 administrative citation was issued for failure to submit an acceptable Mitigation Plan. 12-22-2014 The Mitigation Plan was finalized. 01-05-2015 A $600 administrative citation was issued for operation without a rental license. 01-05-2015 A letter was sent to the owner notifying that the hearing before the Council will beheld January 12, 2015. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances time quality of life for all people cud preserves the public trust COUNCIL ITEM MEMORANDUM 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 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 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 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: • 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. 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 Property Code and Nuisance Violations Criteria - License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 Type III — I Year 11-2 units I Greater than 4 but not more than 8 Type IV —6 Months 1-2 units I Greater than 8 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 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0 25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 34 units 7 Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (he public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 1320 68th Ln N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 1320 68th LN N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 1320 68th Ln N, was issued a Type IV Rental License on January 15, 2015; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 1320 68th Ln N, Brooklyn Center failed to attend the Crime-Free Housing Training, complete security improvements, turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 1320 68th Ln N, Brooklyn Center, MN. May 11, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City of Brooklyn Center Phone: 763-569-3300 TTY 711 6301 Shingle Creek Parkway Fox: 753-569-3350 Brooklyn Center, MN 55430-2199 www.cityoftrookiyrrentarorg '4' Rental License Mitigation Plan--Type IV Renthcense Handwritten plans will not be accepted. Please type or issefillabkfornz on Cñy website. Section A— Property information Property Address 1320 68th Lane N Brooklyn Center, MN 55430 - Owner Name: Cyrus Keriago and Rachel Omo Local Agent: OiNmer Address- 12671 Radisson Rd N, Blame, MN 55449 Agent Addre - Oer Phone- 763 -432 -7662 Agent Phone: Owner il:cke(agocomca5t net Agent Email: Rental License [} New [] Renewal : Pending Type IV License Exp. Date -, ) c ^- (Six months from current license expfralion) 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 complet i on of the license application process. The Mitigation Plan should indicate the steps being taken to correct id e ntified violations and the measures that will be taken toensure 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 *p en di ng license period and avoid legal actions. Section II— Required Documents - Submit the followrng documents with the Mitigation Plan for appro v al ; I I.Crime Free Housing Program Training Certificate (if completed, if not completed, please include I 1 Ii 2. scheduled date in Section C. Copy of Lease including Minnesota Crime Free Housing Lease AddendumIZI3.Submit vTitten report by 101h of each month after license approval). Section c- Crime Free llousingrogram Req tureinents - _Phncel I.Use written lease including Crime Free- Housing Lease Addendum.17 2.Conduct criminal background check for all prospective tenants. Provide documentation to City if- - 3. requested. Pursue the eviction of tena n ts who violate the terms of the lease or any addendums, page 1 Type IV Mitigation Plan Rev 11-16-11 ITT] & Attend City approved eight hour Crime Free Housing course, Date Course Completed: or Date Course Scheduled: '2D5 PitseTLI / I Complete Security Assessment and implement all security improvements rcornmended by the Brooklyn Center Police Department. Date Scheduled: 5112/2015 Improvements to be completed by: Phage IIILV IT will attend a minimum of 50% of the ARM meetings (two). - I will attend the ARM meetings scheduled for: 5I142015 & 7/9/2015 Do these two meeting dates occur before the *Pending 2)pe IV License expiration date? [J Yes U No (*See LS'ecthm A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. I i will have no repeat code violations previously documented within the past year, For properiks with four or wore unity.- I li i will conduct resident training annually that includes crime prevention techniques.E 11 will hold regular resident meetings. Sécflon : LorigTeriii CaDitM Imp ioveiiinti P 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 stimted replacement date will require earlier corrections. Date Last Replaced Estimated Repl acement Date Furnac&AC-2010 2028 Water Heater-.012 2024 Kitchen Appliances-2010 2030 Laundry Appliances-2010 2025 Exterior -Paint/Siding, fisAAa, trim .... -Windows Roof -Fence HOA is rc4sib1 HOA i reit ROAireEpn1bIe HOA PS MV06 s ilafe -Shed HOA 8repnslble Oarage_ -Driveway -Sidewalks HOAIs rpensib HOA Is repnibIe iiois mpcnbIs Smoke Alarms & Carbon Monoxide Ala rms 2014 2020 - SéètiöStè'1Oiiiprove..M__iugènieiit and CóñdiflófPröèiT'T Implementing the following best practices may assist in the management of your property. .yehecking the boxes below, you agree to [lU 1. Check in with tenants every 30 days. /___1 2. Drive by property to check for violations twiCe a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 [/1 3 F714.Lfl5.iI6,Eli. Li' II & Evict tenants in violation of the lease and all addendunis. Provide lawn/snow service. Provide garbage service. Install security system. Provide maintenance scrviee plan for appliances. Name of service co.: Jam and will remain current on payment of utility fees, taxes, assessments, fines, penalties and otherfinancial claims due to the City,i1 9. Other(s); Please read thoroughly: If the Typo IV Rental License is approved by the City Council, the Licensee, must comply with the approvedMitigation Plan and all applicable city codes. No later than the 10d of each calendar month, the licensee mustsubmit to the Building and Community Standards Department a written report describing all steps taken tocomply 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 citatlon, formal complaint or license review mayresult Cyrus Keriago Owner or Agent Name and Title (Please FrrnQ 4/21/2015 Owner o-%A- nt Siiature - Date Rachel Omao WioJnator Agent Name and Title (iJ'applicable) ('Please PrrnI) 4/21/2015 or Agent Siiature (zf pplicable) Date - Eci CIR L-s.--\ I1i;iiion Phuii Appr-i'd [3'; Police Department /-Title Date JiJ11-i t fW j 1 - / Title F D te. Page 3 Type IV Mitigation Plan Bev 11-16-11 City Council Agenda Item No. lOa #6 COUNCIL ITEM MEMORANDUM DATE: May 11, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk &VIA SUBJECT: Type IV 6-Month Provisional Rental License for 6400 Noble Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 6400 Noble 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 license was a Type IV Rental License issued on December 9, 2014, on condition of adherence to the Mitigation Plan and City Ordinances. The property qualifies for a Type IV Rental License based on twenty (20) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Further, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. 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 Current rental license approval activities: 03-12-2015 The owner, ZamZam Gesaade, applied for renewal of the rental dwelling license for 6400 Noble Ave N, a single family dwelling. 03-17-2015 An initial rental license inspection was conducted. Twenty property code violations were cited, see attached rental criteria. 03-25-2015 A second inspection was conducted and passed. 04-08-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 04-08-2015 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. 04-27-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-28-2015 A Mitigation Plan was submitted. 05-01-2015 The Mitigation Plan was finalized. 05-04-2015 A letter was sent to the owner notifying that the hearing before the Council will beheld May 11, 2015. Prior Type IV Rental License approval activities: 04-08-2014 The Owner, ZamZam Gesaade, applied for an initial rental dwelling license for 6400 Noble Ave N, a single-family residential property. 04-17-2014 An initial rental inspection was scheduled. Access for the inspection was denied due to rehabilitation of the unit. 07-03-2014 A second inspection was conducted and failed. 15 property code violations were cited, see attached rental criteria. A $100 reinspection fee was charged to the property. 07-22-2014 The $100 reinspection fee was paid. 08-04-2014 A third inspection was conducted and passed. 08-20-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-19-2014 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 11-07-2014 A Mitigation Plan was submitted. 11-24-2014 The Mitigation Plan was finalized. 12-02-2014 A letter was sent to the owner notifying that the hearing before the Council will beheld December 8, 2014. 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 If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan 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. Mission: Ensuring an attractive, clean, safe, inclusive cominuni(y that enhances the qualify of life for all people an d preserves the public trust COUNCIL ITEM MEMORANDUM 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: • 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 umts Greater tha -10.25 but not more than I 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6400 Noble Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people andpreserves (lie public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6400 NOBLE AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6400 Noble Ave N, was issued a Type IV Rental License on December 9, 2014; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 6400 Noble Ave N, Brooklyn Center failed to turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6400 Noble Ave N, Brooklyn Center, MN. May 11, 2015 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. BUILDING AND COMMUNITY STANDARDS City oLBRO0Ia1YN Rental License Mitigation PlanENTER Type IV License Handwritten Nfltigetion Plans will not be accepted. A tillable form can be found on the City1 website at wwwcityofbrooklyncenteTOrg or call (763) 569-3330 to have an electronic copy 5ent to you via email. Based on property conditions aridfor validated police rwLance incidents, the above referenced property qu1lfies bra Type MB Month Rental License. P1or to applicadon approval by the City Council a fully completed Mitigation Plan must be completed and approved by City staff. A Mitigation Plan must be completed immediately in order to ensure timely completion of the license application process. The M[tlaUon Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to onsure ongoing compliance with City Ordinances and applicable codes. A Mitigaon Plan allows M owner and. the City to review concerns and identify possible solutions to improve overall conditions of the property. If the Mitigation Plan is not submitted, and aft itema are not comp1ted within the pending license period, orth above property operates beyond the license expiration date, enforcement actions such as citation, formal complaint, or license review may result. Before submitting, fill-out $ctions A B, and C located on pages 2, 3 ,4, and S. page 1/$ TyF6 !VReMa1UCFe f0 figatton PJ, Re v. 44445 City o ook1y ntrBilcUug n4 Community Standards Departitte*t 01 $hlnglp, Creek Parkway, Brooklyn Centr, MN 654n.2199 I Pb one-, (763),%3-3330 1 1TY: 71 i I F .(733) 5336O BUILDING AND COMMUNITY STANDARDS 641DONOBL-AVENXJB R 8 L CENTER 3ROQ\ tIM & Renta' Llccnse Mitigation Plan Type W License Phase I EZJ 1) Use a written lease agreement The lease agreement shall iriclCicfe the Crime Free Housing Lease Addendum A copy of the lease agreement and Crime FreeHoulng Lease Addendum must be attached to the Mitigation Plan whfl submitted. J 2) Agree to pursue the termination or lease agreement or eviction of tenants who violate the terms of the lease or any addendurns. 3) Conduct criminal background checl< for all new prospective tenants, It It is a currenthU tenant a new background check is not required. Must be able to provide documentation to City if requested. j 4) Attend a City approved eight-hour Crime Free Housing training course. Information for approved courses can be found at wWw.rnnepa.net under the Th!iing and Events tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted. Crime Free Housing training was completed on/is scheduled for Owner or agent attended/is planning to attend training at city of 5) Submit Monthly Update by the 1 O day of each month, Phase If Z 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center p o lice Department. To schedule an initial or follow-up Security Assessment call (763) 569-344. A folLow-up assessment must be completed before the license expiration date to Verify the security improvements have been implemented. If a Security Assessment has been previously completed, write the completion date Security Assessment was completed onus scheduled for: Security Assessment follow-up was completed on/la scheduled for: 1 15/i4 Continue Sections A Phase Ill on page 3 Page 216 To IV 1Lici$e ?Ugtiwi Plan, Rev, 44445 City of fl c —u1dtn; and C*mn'3ity Sfa;nclards Dapartment W.VW,Dc]YIiOenthr.'Tg 6301 Shingle Creak Prkviy, Erôktyn Center, MN 55430-219 Phre (65)8-5S3O I TTY: ill I Fa765)56460 BUILDING AND COMMUNITY STANDARDSXcity0f NOBLE AVN - 1 CENTER ROo Rental License Mitigation Plan Type IV License Phase III 1) Owner or agent Wi II attend at minimum 50% (2) of the AR,M, meatings. The AR.M. meetings most be completed within the rental license period and before the pending Type IV License expiration date. Registration is not required, however you must sign-in during the meeting. Write two meeting dates an owner or agent plan to attend. Owner or agent will attend A.R.M. meetings scheduled on: and [7] 2) Have no repeat rode violations previously documented with the past rear. The following actio are required for properties with four (4) or more units. U 1) Conduct resident training annually that includes crime prevention techniques. II 2) Conduct regular resident meetings. Po 'Vf3 Types (V Renta l fici ANYgaUon F!II. V. 4445 Braidyi Canfer—Buildiuq ed Commutiy Stuaxdfi Department vAqw.cityolbrooklynoenter.org 6301 Shingle Creek PrIty, 5rokIyn Center. Mt 5430-2199 1 Phone (763) 563-3530 1 TTY 1 F: (763) 50-3160 BUThDING AND COMMUNM STANDARDS moeLyx QcLTh TRMr4 Rental License Mitigation Type IV Licemse I Based on condition and age, estimated replacement dates need to be provided for common capital items. Funding should be considered accordin1y, Items that are broken, worn, or otherwise in violation prior to the estimated replacement date need to be replaced sooner. All items must have a date for Estimated Replacement Date. Dates such as "unsur& "don't know" or "when broken" will not be accepted. If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, appearance, condition, or manufacture/Industry recommendations. Additional information on Expected Useful Life can be found at wwwhudgov. I te rrt Date Last Replaced Condition* Expected Replacement Date Furnace N/A NOV 2020 - Water Heater 10101/2011 j0/01!201 Kitchen Appliances N Laundry Appliances 0910112014 1010112019 Smoke Alarms! Carbon Monoxide Alarms N/A 1010112024 Extedor ltem Paint/Siding N/A -- 0110112019 Windows 01/01/2011 0110112041 Roof N/A 1010112030 Fence N/A N/A - - Shed N/A 101011200 Garage N/A 101011200 Driveway N/A '1010112029 Sidewalks N/A 1O/2 Other: N/A - N/A N/A N/A #000dition Abbreviations: NwN QO4xIt3 FairF Needs keplaaamentmR Type W Rental Lker?se M10q;Qr? Man, Rev. 4-1443Page 416 City ofVenter—Building and C nnunfty Standards Department ANAV.Cityoibforiklytiventer.tito 301 Shngte Creek Parkway. Proo1<1yn Center, UN 55430-199 1 Phone: (763)-%3-340 1 TTY: 711 I Fax (753) 5$933D TILDIWG AND COMMUNITY SANDA.RDS Rd6 y 6400 NOeL AVE N CENTER BROQftE N59 Rental License Mitigation Plan - .. . Type IV License The items in this section have been proven to as1st with property management and property image, The following actions are required: [} 1) Check-in with tenants every 30-days- 2)Drive by property to check for possible code violations. 3)Evict tenants in violation of the lease or any addendurn. IZJ 4) Remain current on all utility fees, taxes. assessments, fines, penaWes, and other financial claims/payments due to the City.LII 5 Other:_ The follovVing actions are optional unless required by tha City. [j 1) Provide lawn/snow service. fJ 2) Provide garbage service. 121 3) Install security system. 4) Provide maintenance service plan for appliances. Name of service company: [] 5) Other: If the Type IV-6 Month Rental License Is approved by the City Council, the licensee must comply with the approved Mitigation Plan and all app1icble City Codes. A written report must be subm i tted by the I&h day of each month with an update of actions being taken by the owner eud!or agent to comply with this Mitia1Ion Plan. A copy of the Monthly Update can be found On page 7. A tillable form can be found on the City's website atwcltyofbrooklcenter,org or call (763) 588330 to hove an electronic copy sent to you via email. Please aftacli additional information if necessary, Fage s's Type IVR htalUcne Ion Plan, Rev. 44445 Ofty oft Center—ftildi-ag and mmuthy standa rds flpaxtmed 6301 ShIngis Crook Pkway, Mooklyn Cnec MN 55430-21 Phone (76) 5S-33.30 1 TrY: 711 1 Fac (763) 569-3Q BUILDING AND COMMUNITY STAWDARDSCity rtf :nboKLYN 64O NOBLE AVE N 1. BROQE r5429 . Rental Lfcense Mitigation Plan Type IV License I verify that all information provided is true and accurate. I understand that if 14o not comply with the approved Mitiatian Plan, comply with all items wtthin the licen s e period, or operate beyond the l icense expiration date, enforcement actions such as cita ti ons, formal complaints, or license review may result XUAN VINH LY (Ag ent) OwrarAgnk Na me and Tftle (Pleasq Print) r ---- 4/2l2O15 Owier rAgent Sign atur Dale McfifknaI Owner or A gent Name wi.Tit1 (Appllca1, PIea.e Pthit AddWoiaI OwnrorAgnt Sign aivre (If Apptica Ic) Date City Staff Only n4 Pot (hopartrnent an b D-ftimujiV Standards tfmeI Date Page /6 Tjp V ReplalLinse AVUqatfan Plan Pay. 444-5 City of Bro o h lyn cnt—iii1d1ng and Coxn,mrnty St &ndudt Dp1ment tyo flbro^ik lynwnter-o rg 6301 Shinde Creek P rlay,&QQkJyn Cntr, MN 540219 1 Ph one: (76 563-330 1 ITY.,711 1 Fa:.(763) 569.3360 City Council Agenda Item No. lOb COUNCIL ITEM MEMORANDUM DATE: May 11, 2015 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director ML SUBJECT: 2015A General Obligation Improvement Bonds Recommendation: It is recommended that the City Council consider approval of the attached resolution providing for the competitive sale of $7,035,000 General Obligation Improvement Bonds, Series 2015A to finance the construction of Freeway Park Area Improvements, 63 Avenue Improvements and to refund the City's General Obligation Build America Bonds, Series 2010A. Background: Background information on the three pieces that make up this debt issue is summarized below: Freeway Park Area Improvements January 12, 2015 - City Council approved a resolution ordering improvements and authorizing preparation of plans and specifications for the Freeway Park Area'street, storm drainage and utility improvements. City Council also approved a resolution certifying the special assessments on this project. April 21, 2015 - City Council accepted the bid and awarded the contract of Freeway Park Area Improvements to the lowest responsible bidder. The estimated total cost of the project is $7,645,486, of this total cost, $4,438,552 of street and sanitary sewer costs will be financed through bond proceeds. 631 Avenue Improvements January 12, 2015 - City Council approved a resolution ordering improvements and authorizing preparation of plans and specifications for 63'' Avenue street, storm drainage and utility improvements. City Council also approved a resolution certifying the special assessments on this project. May 11, 2015 - City Council will consider accepting the bid and awarding the contract of 63rd Avenue Improvements to the lowest responsible bidder. The estimated total cost of the project is $4,948,741, of this total cost, $814,797 of street and sanitary sewer costs will be financed through bond proceeds. 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 2010 Build America Bonds February 8, 2010 - City Council approved a resolution issuing $2,350,000 in Build America Bonds to finance a project to replace all water meters in Brooklyn Center. The bonds are being repaid over a 15 year term by Water (75%) and Sanitary Sewer (25%). October 1, 2014 - As a result of the sequestration, a 7.3% reduction was made to the Federal credit that the City receives for the interest paid on these bonds. This has triggered the possibility for the City to exercise an extraordinary redemption provision on the bond issue, which many City issuers of these bonds have exercised. Debt Summary (New vs Refunding) New Debt (Improvement Portion)$5,340,000 Refunded Debt (Build America Bonds)1,695,000 Total Debt Issue $7,035,000 Debt Summary (By Project) Freeway Park $4,438,552 63'' Avenue 814,797 Refunded Debt (Build America Bonds)1,662,811 Issuance Costs 69,135 Discount (rounding)49,705 Total Debt Issue $7,035,000 Budget Issues: The improvement projects were included in the 2015 adopted budget. The Street Reconstruction fund which is the primary source of funding for the City's share of street reconstruction improvements receives approximately $650,000 per year in franchise fees. Franchise fees are not adequate to cover the City's share of street reconstruction expenditures which have an estimated average annual cost of $2.9 million for the years 2015 through 2020 as identified in the Capital Improvement Plan (CIP). During a review of the CIP at the July 7th 2014 joint budget work session with the Financial Commission, a cash flow analysis showed that additional bond sales in the amount of $2.5 million would be needed every two years. The 2015A bond issue includes approximately $2.25 million in street reconstruction costs that will be repaid from an additional debt service property tax levy. The estimated required levy for the new debt service in 2016 is $240,000. The Infrastructure Reconstruction fund accounts for infrastructure replacement costs that are funded entirely by special assessments. Because special assessments are repaid over ten years, bonds are frequently issued to provide immediate funding for the project costs. The 2015A bond issue includes approximately $1.25 million in street/storm drainage improvements that will be funded by special assessment revenue. i1Iisxio,z: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of fife fir all people aiulpreseri'es the public trust EI1Sk[iJ IU I I *"A U I Dk"A (II 1D1IJ05 I The Sanitary Sewer Utility pays for infrastructure replacement costs through utility charges. Issuing debt to provide funding for the infrastructure, improvements will allow the City to minimize the impact on these charges. The 2015A bond issue includes approximately $1.84 million in sanitary sewer improvements that will be funded through utility fees. The 2010 Build America Bonds are being re-paid by Water (75%) and Sanitary Sewer (25%). The decision to issue Build America Bonds was based on a 35% subsidy on the interest from the Federal Government over the life of the bond. The subsidy has since been reduced and could potentially be reduced in the future. The bond currently has $1,660,000 in principal payments remaining with the last payment to be made on February 1, 2025. The net present value savings, after issuance costs, is estimated to be $74,468. Debt Summary (By Repayment Source) Property Tax Levy $2,243,290 Sanitary Sewer Charges 1,853,834 Special Assessments 1,242,876 Refunded Debt (Build America Bonds)1,695,000 Total Debt Issue $7,035,000 We have attached to this memorandum a recommendation for the structuring of this bond sale prepared by Springsted Incorporated. Doug Green will be at the June 8 th , 2015 meeting to present their recommendations and answer any questions. Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust 4/3012015 25 bond: 4.31% 20 bond: 3.62% • ¼,j • ----66125 Bond —66120 Bond Caw (5 6.5% 6.0% 5.5% 5.0% 4.5% 4.0% 3.5% 3.0% City of Brooklyn Center, Minnesota Recommendations for Issuance of Bonds $7,035, 000 General Obligation Utility Revenue Refunding and Improvement Bonds, Series 2015A $6,830,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2015B The Council has under consideration the issuance of bonds to refund two outstanding general obligation bond issues of the City and to fund a portion of the City's 2015 street projects. This document provides information relative to the proposed issuance. KEY EVENTS: The following summary schedule includes the timing of some of the key events that will occur relative to the bond issuance. May 11, 2015 Week of May 25, 2015 Week of June 1, 2015 June 8, 2015, 10:00 a.m. June 8, 2015, 7:00 p.m. July 9, 2015 Council sets sale date and terms Rating conference. Receipt of rating Competitive proposals are received Council considers award of bonds Proceeds are received RATING: Application will be made to Standard & Poor's Ratings Services for a rating on the Bonds. The City's general obligation debt is currently rated "AA" by S&P. THE MARKET: Performance of the tax-exempt market is often measured by the Bond Buyer's Index ("BBI") which measures the yield of high grade municipal bonds in the 201h year for general obligation bonds (the BBI 20 Bond Index) and the 30th year for revenue bonds (the BBI 25 Bond Index). The following chart illustrates these two indices over the past five years. BBI 25-bond (Revenue) and 20-bond (G.O.) Rates for 5 Years Ending 413012015 Dates Prepared by Springefed Incorporated Spring sted Interest rates for the taxable municipal market are quoted as a spread to U.S. Treasury Securities. To give you an indication of the relative position of that market, the chart below tracks the yield of the 10-year and 30-year U.S. Treasury over the last five years. 10-year and 30-year Treasury Rates for Five Years Ending April 30, 2015 500% 400% 4/30/2015 30-yr2.75% 10-yr 2.05% —30-Year —10-Year aa,3.00% 2.00% 1.00% I Dates Prepared by SprThg3(ed incorporated POST ISSUANCE The issuance of these bonds will result in post-issuance compliance responsibilities. The COMPLIANCE: responsibilities are in two primary areas: I) compliance with federal arbitrage requirements and ii) compliance with secondary disclosure requirements. Federal arbitrage requirements include a wide range of implications that have been taken into account as the Bonds have been structured. Post-issuance compliance responsibilities for the tax-exempt issue include both rebate and yield restriction provisions of the IRS Code. In general terms the arbitrage requirements control the earnings on unexpended bond proceeds, including investment earnings and moneys held for debt service payments (which are both considered to be proceeds under the IRS regulations), and/or reserves. Under certain circumstances any "excess earnings" will need to be paid to the IRS to maintain the tax-exempt status of the Bonds, Any interest earnings on gross bond proceeds or debt service funds should not be spent until it has been determined based on actual facts that they are not "excess earnings" as defined by the IRS Code. The arbitrage rules provide spend-down exceptions for proceeds that are spent within either a 6-month, 18-month or 24-month period in accordance with certain spending criteria. Proceeds that qualify for an exception will be exempt from rebate. These exceptions are based on actual expenditures and not based on reasonable expectations, and expenditures, including any investment proceeds will have to meet the spending criteria to qualify for the exclusion. The current expectations related to the Bonds are as follows: • The Refunding Portion of the 2015A Bonds: Because the transaction is being conducted as a current refunding in which proceeds will be spent within 90 days, the City expects to meet the 6-month spending exception and gross proceeds that meet the test will qualify for an exception to rebate. The Improvement Portion of 2015A Bonds are expected to meet the 18-month spending exception. Sprinçjsted Page • The 2015B Bonds: The federal arbitrage requirements apply only to tax exempt issues; therefore, they will not apply to the 2015B Bonds. Regardless of whether the 2015A Bonds qualify for an exemption from the rebate provisions, yield restriction provisions will apply to the debt service fund under certain conditions and the funds should be monitored throughout the life of the 2015A Bonds. Secondary disclosure requirements result from an SEC requirement that underwriters provide ongoing disclosure information to investors. To meet this requirement, any prospective underwriter will require the City to commit to providing the information needed to comply under a continuing disclosure agreement. Springsted currently provides arbitrage and continuing disclosure compliance services to the City. Springsted is providing an Agreement for Municipal Advisor Services to City staff, under which Springsted will continue providing these services for the City's outstanding bonds and the 2015A Bonds and the 2015B Bonds. SUPPLEMENTAL Supplementary information will be available to staff including detailed terms and conditions INFORMATION AND of sale, comprehensive structuring schedules and information to assist in meeting post- BOND RECORD: issuance compliance responsibilities. Upon completion of the financing, a bond record will be provided that contains pertinent documents and final debt service calculations for the transaction. $7,035,000 General Obligation Utility Revenue Refunding and Improvement Bonds, Series 2015A Description of Issue PURPOSE The Refunding Portion: Proceeds of the Refunding Portion of the 2015A Bonds will be used to refund the February 1, 2016 through 2025 maturities of the City's Taxable General Obligation Utility Revenue Bonds, Series 2010A (Build America Bonds - Direct Payment to Issuer), dated March 8, 2010 (the "2010A Bonds"). The issuance of the Refunding Portion is being conducted as a "current" refunding, in which the proceeds of the Refunding Portion are used within 90 days of bond settlement to redeem the outstanding principal of the 2010A Bonds. The maturities to be refunded are currently outstanding in the aggregate principal amount of $1,660,000. The 2010A Bonds were originally issued to finance the replacement of residential and commercial water meters within the City. The purpose of the refunding is to eliminate the risk that the federal government will further reduce or eliminate the federal direct pay tax credits on which the City relies to make a portion of the debt service payments on the 201 OA Bonds. As part of the American Recovery and Reinvestment Act (ARRA) of 2009, municipal issuers such as the City were permitted to issue "Build America Bonds" or "BABs" as an alternative to traditional tax-exempt municipal bonds in order to fund public capital expenditures. Under ARRA, BABs were issued with a 35% direct payment tax credit to the issuer, whereby the issuer receives a semi-annual tax credit directly from the federal government equal to 35% of the interest payments on the bonds. As a result of Congress' failure to enact legislation to reduce the budget deficit, on March 1, 2013, the President issued the sequestration order (sequestration") which Sprinçjsted Page required automatic spending cuts. The results of sequestration included a reduction in the amount of the federal subsidies paid to state and local governments for certain bond programs authorized as part of the ARRA program. For federal fiscal year 2014 (ending September 30, 2014), the reduction was an amount equal to 7.2% of the credit payment. For federal fiscal year 2015, the reduction amount is equal to 7.3% of the credit payment. It is important to note there has been no agreement on deficit reduction measures by the federal government and sequestration may continue to be effective in future fiscal years. It is not possible to predict with any certainty what level of sequestration may be required in future years or what the effect of any future required sequestration will be. The 201 OA Bonds included an extraordinary redemption provision that allowed the City to prepay the 2010A Bonds in the event there was a change in law that eliminated or reduced the amount of credit due. The City is exercising the extraordinary redemption option for the 2010A Bonds due to the reduction in credit from the federal government. The proceeds of the Bonds will be used to prepay the 2010A Bonds as permitted by the extraordinary redemption provision. At this time, the refunding is expected to achieve a small interest cost savings; however, market conditions at the time of sale will determine whether this occurs or not. The Improvement Portion: Proceeds of the Improvement Portion of the 2015A Bonds will be used to finance the City's 2015 street and utility improvement projects consisting of Freeway Park and 631d Avenue. In addition to proceeds of the 2015A Bonds, the total estimated cost of the 2015 street and utility improvements of $12,594,227.20 will be paid from a combination of Minnesota State-aid street funds (MSA), contributions from City utility funds, projected pre-paid assessments and other funds. AUTHORITY: Statutory Authority: The 2015A Bonds are being issued pursuant to Minnesota Statutes, Chapters 429, 444 and 475. Statutory Requirements: Refunding Portion - Pursuant to Minnesota Statutes, Chapter 444 and the resolution awarding the 2015A Bonds, the City will covenant to maintain rates and charges in an amount sufficient to generate revenues to support the operation of its water and sewer funds (the "Utility Funds") and to pay debt service. Improvement Portion - Pursuant to Minnesota Statutes, Chapter 429, at least 20% of the City's share of projected costs of each project must be paid from special assessments. The special assessments on the Improvement Portion exceed the 20% requirement. SECURITY AND The 2015A Bonds will be general obligations of the City, secured by its full faith and credit SOURCE OF and taxing power. Principal and interest payments on the 2015A Bonds will be made from PAYMENT: a combination of special assessments, net revenues of the City's Utility Funds and tax levies as described below. Refunding Portion - Net revenues of the City's Utility Funds will be used to pay the debt service on the Refunding Portion as it comes due. In particular, the Water Utility and Sewer Utility are expected to pay 75% and 25% of the debt service, respectively. Improvement Portion - Special assessments in the principal amount of $1,630,277 will be certified in 2015 for first collection in 2016. In consultation with City staff, 25% of the special assessments, or approximately $407,569, is projected to be prepaid in 2015 and applied to reduce the borrowing amount. The remaining unpaid assessments will be Sprinqsted Page collected over a term of ten years in equal annual installments of principal. Interest on the unpaid assessments will begin accruing on October 1, 2015 at a rate of 4.0%. The City will use funds-on-hand to make the February 1 2016 interest payment on the Improvement Portion in the estimated amount of $31,651. Thereafter, each year's collection of assessments and taxes will be used to make the interest payment due on August 1 of the collection year and the February 1 principal and interest due the following year. The estimated annual tax levy required to repay the Improvement Portion is $251,925. STRUCTURING Refunding Portion - In consultation with the City, the principal repayment of the Refunding SUMMARY:Portion has been structured with a term matching the 2010A Bonds, On August 1, 2015 (the redemption date) (i) the City will make the scheduled interest payment on the 2010A Bonds from net revenues of the Utility Funds and the federal direct pay tax credit and (ii) proceeds of the Refunding Portion will be used to redeem all of the outstanding principal on the 2010A Bonds. Based on current market conditions the refunding is projected to achieve a small average annual decrease in debt service as compared to the 2010A Bonds, net of the federal tax credit, The estimated net present value savings is estimated to be $84,295, with an estimated present value benefit of $74,468. The savings estimate is net of all costs associated with the refunding. Improvement Portion - In consultation with the City, debt service on the Improvement Portion has been structured around the projected special assessment collections to result in an approximately level annual levy requirement for a term of 10 years. SCHEDULES Schedules attached include: ATTACHED:• Issue summary (sources and uses of funds) • Net debt service schedules for the 2015A Bonds as a whole and by purpose • Debt service comparison for the Refunding Portion • Assessment income for the Improvement Portion SALE TERMS AND Variability of Issue Size: A specific provision in the sale terms permits modifications to the MARKETING:issue size and/or maturity structure to customize the issue once the price and interest rates are set on the day of sale. Prepayment Provisions: The 2015A Bonds maturing on or after February 1, 2024 may be prepaid at a price of par plus accrued interest on or after February 1, 2023. Bank Qualification: The City does not expect to issue more than $10 million in tax-exempt obligations that count against the $10 million limit for this calendar year; therefore, the 2015A Bonds are designated as bank qualified. Good Faith Deposit: The lowest bidder will be required to provide a good faith deposit within a specified time after receipt of proposals. The good faith deposit will be deducted from the purchase price otherwise due at the time of closing. In the event the lowest bidder fails to comply with the accepted bid proposal, the Issuer will retain the good faith deposit. Sptinqsted Page RISKS/SPECIAL The outcome of this financing will rely on the market conditions at the time of the sale. Any CONSIDERATIONS: projections included herein are estimates based on current market conditions. Levy projections for the Improvement Portion are based on the projected assessment income. If actual assessment collections are different than projected, the resulting levy requirement could differ significantly than what is shown in these schedules. Sprinqsted Page $7,035,000 City of Brooklyn Center, Minnesota General Obligation Utility Revenue Refunding and Improvement Bonds, Series 2015A ISSUE SUMMARY Issue Summary Dated 07/09/2015 1 Delivered 07/0912015 2015A GO 2015A Ref Issue Bonds 20IOABABS Summary Sources Of Funds Par Amount of Bonds....................................................................$5,340,000.00 $1,695,000.00 $7,035,000.00 Total Sources ...................... .......................................................$5,340,000.00 $1,695,000.00 $7,035,000.00 Uses Of Funds Deposit to Project Construction Fund ............................................5,253,348.98 -5,253,348.98 Deposit to Current Refunding Fund ................................................1,662,810.69 1662,810.69 Costs of Issuance.........................................................................45,785.05 23,349.95 69,135.00 Total Underwriter's [Discount (0.700%)........................................37,380.00 11,865.00 49,245.00 Rounding Amount ..................... .....................................................3,485.97 (3,025.64)460.33 Total uses .......... .........................................................................$5,340,000.00 $1,695,000.00 $7,035,000.00 Flow of Funds Detail State and Local Government Series (SLGS) rates for.................. Date of OMP Candidates................................................................ Rinery Purpose Fund Solution Fthod .........................................Net Funded Gross Funded Gross Funded Total Cost of Investments ..............................................................$5,253,348.98 $1,662,810.69 $6,916,159.67 Total Draws...................................................................................$5,253,348.98 $1,662,810.69 $6,916,159.67 PV Analysis Summary (Netto Net) Net R' Cashf low Savings 1.729%(Bond Yield)-77,493.65 - Contingency or Rounding Amount.................................................-(3,025.64)- Net Present Value Benefit.............................................................-$74,468.01 - Net RI Benefit! - Refunded Principal..................................-4.486%- Net RI Benefit! - Refunding Principal.................................-4.393%- Bond Statistics Average Life .............. ....................................................................6.097 Years 5.142 Years 5.867 Years Average Coupon...........................................................................1.7624761%1.6434820%1.7373465% Net Interest Cost (NIC).... ...............................................................1.8772925%1.7796096%1.8566634% Bond Yield for Arbitrage Purposes...............................................1.7286617%1.7286617%1.7286617% True Interest Cost (TIC) .................................................................1.8764827%1.7805254%1.8561246% All Inclusive Cost (AIC)..................................................................2.0286343%2.0689038%2.0371538% Series 2015A ,,,,dRef I 1 51612015 I 251PM Sprinqsted Page 7 $7,035,000 City of Brooklyn Center, Minnesota General Obligation Utility Revenue Refunding and Improvement Bonds, Series 2015A ISSUE SUMMARY Net Debt Service Schedule Date Principal Coupon Interest Total PA 105% Levy Projected Utility Net Certified Annual Sewer Projected Assessments Revenues Tax Levy Fund Net Levy on Pledged to the Contributions Improvement Refunding for Portion Portion Improvement Portion 02101/2016 145,000.00 0.600%59,324.87 204,324.87 214,541.11 -166,070.37 48,470.74 16,819.35 31,651.39 02/01/2017 705,000.00 0.750%104,857.50 809,857.50 850,350.38 183,406.17 202,216.88 464,727.33 224,902.32 239,825,01 02/0112018 700,000.00 1.000%99,570.00 799,570.00 839,548.50 166,288.26 206,128.13 467,132.12 219,796.87 247,335.24 02/01/2019 695,000.00 1,150%92,570.00 787,570.00 826,948.50 - 161,397.42 199,040.63 466,510.46 217,884.03 248,626.42 02101/2020 695,000.00 1.300%84,577.50 779,577.50 818,556.38 156,508.60 196,987.88 465,061.90 215,684.27 249,377.63 0210112021 700,000.00 1.450%75,542.50 775,542.50 814,319.63 151,615.76 194,667.38 468,036.49 215,019.33 253,017.16 02/0112022 705,000.00 1600%65,392.50 770,392.50 808,912.13 146,724.94 197,329.13 464,858.06 212,219.30 252,638.76 02101/2023 710,000.00 1.800%54,112.50 764,112.50 802,318.13 141,834.10 194,389.13 466,094.90 210,951.36 255,143.54 02/01/2024 715,000.00 1.950%41,332.50 756,332.50 794,149.13 136,943.28 191,081.63 466,124.22 209,264.42 256,859.80 0210112025 715,000.00 2.100%27,390.00 742,390.00 779,509.50 132,052.43 182,248.50 465,208.57 207,249.57 257,959.00 02/0112026 550,000.00 2.250%12,375.00 562,375.00 590,493.75 127,161.61 463,332.14 204,901.33 258,430.81 Total $7,036,000.06 - $717,044.87 $7,752,044.87 $8,139,647.11 $1,503,930.57 $1,930,159.62 $4,705,556.92 $2,154,692.16 $2,550,664.76 Yield Statistics Bond Year Dollars.....................................................................................$41,272.42 AverageLife.............................................................................................5.867 Years Average Coupon.......................................................................................1.7373465% Net Interest Cost (NC) ................................................................ .............. 1.8566634% True Interest Coal (TiC) ............................................................................. 1,8561246% Bond Yield for Arbitrage Purposes ........................................................... 1.7280617% AT Inclusive Cost (AIC).............................................................................2.0371538% IRS Form 8038 Net Interest Cost ....................................................................................... 1.7373465% Weighted Average Maturity ...................................................................... 5.867 Years 5,5/, SOfiA 2O5of I I 5/51205/I 1)5/25)1 Sprinqsted Page $1,695,000 City of Brooklyn Center, Minnesota General Obligation Utility Revenue Refunding and Improvement Bonds, Series 2015A (Refunding Portion - Current Refunding of Series 2010A BABs) DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+l 105% Levy 02101/2016 145,000.00 0.600%13,162.26 158,162.26 166,070.37 02/01/2017 170,000.00 0.750%22,587.50 192,587.50 202,216.88 02101/2018 175,000.00 1.000%21,312.50 196,312.50 206,128.13 02/01/2019 170,000.00 1.150%19,562.50 189,562.50 199,040.63 02/01/2020 170,000.00 1.300%17,607.50 187,607.50 196,987.88 02101/2021 170,000.00 1.450%15,397.50 185,397.50 194,667.38 02/01/2022 175,000.00 1.600%12,932.50 187,932.50 197,329.13 02101/2023 175,000.00 1.800%10,132.50 185,132.50 194,389.13 02101/2024 175,000.00 1.950%6,982.50 181,982.50 191,081.63 02/0112025 170,000.00 2.100%3,570.00 173,570.00 182,248.50 Total $1,695,000.00 -$143,247.26 $1,838,247.26 $1,930,159.62 7/09/2015 7/09/2015 2/01/2016 $8,716.08 5.142 Years 1.6434820% 1.7796096% 1.7805254% 1.7286617% 2.0689038% 1.6434820% 5.142 Years AverageLife.............................................................................................................................. AverageCoupon....................................................................................................................... NetInterest Cost (NIC)............................................................................................................... TrueInterest Cost (TiC)............................................................................................................. Bond Yield for Arbitrage Rirposes............................................................................................ AllInclusive Cost (AIC).............................................................................................................. IRS Form 8038 NetInterest Cost........................................................................................................................ WeightedAverage Maturity....................................................................................................... Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriter's discount bid may also vary. S& 2015.4 N— .,dRf I 2015A Rf2010A BABS I 5/512015 1 1-39 PSI Sprinqsted Page 9 $1,695,000 City of Brooklyn Center, Minnesota General Obligation Utility Revenue Refunding and Improvement Bonds, Series 2015A (Refunding Portion - Current Refunding of Series 201 0A BABs) Debt Service Comparison Date Total P+l Existing D/S Net New DIS Old Net D15 Savings 02/01/2016 158,162.26 36,137.50 194,299.76 193,825.38 (474.38) 02101/2017 192,587.50 -192,587.50 195,886.74 3,299.24 02/01/2018 196,312.50 -196,312.50 191,441.44 1,128.94 02/01/2019 189,562.50 -189,562.50 193,462.44 3,899.94 02/01/2020 187,607.50 -187,607.50 194,221.68 6,614.18 02/01/2021 185,397.50 -185,397.50 194,465.82 9,068.32 02/01/2022 187,932.50 -187,932.50 199,338.38 11,405.88 02/0112023 185,132.50 -185,132.50 198,722.88 13,590.38 02/01/2024 181,982.50 -181,982.50 197,794.92 15,812.42 02/01/2025 173,570.00 -173,570.00 196,546.08 22,976.08 Total $1,838,247.26 $36,137.50 $1,874,384.76 $1,961,705.76 $87,321.00 PV Analysis Summary (Net to Net) NetFV Cashf low Savings................................................................................................................. Gross FV Debt Service Savings....................................................................................................... Effects of changes in Expenses....................................................................................................... Net RI Cashf low Savings @ I .729%(Bond Yield).......................................................................... Contingency or Rounding Aruunt ................ .................................................................................. ... NetFuture Value Benefit................................................................................................................... NetPresent Value Benefit................................................................................................................. Net RI Benefit / $384,627.30 RI Refunded Interest......................................................................... Net RI Benefit / $1,901,382.74 RI Refunded Debt Service............................................................. Net RI Benefit / $1,660,000 Refunded Fhncipal.............................................................................. Net RI Benefit / $1,695,000 Refunding F\incipal............................................................................. Refunding Bond Information RefundingDated Date....................................................................................................................... RefundingDelivery Date................................................................................................................... 87,321.00 213,998.41 (136,504.76) 77,493.65 (3,025.64) $84,295.36 $74,468.01 19.361% 3.917% 4.486% 4.393% 7/09/2015 7/09/2015 S,-i 20155 I 2015.4 Ref20I0A BABS 1 5/512015 I 1150551 Sprinqsted Page 10 $5,340,000 City of Brooklyn Center, Minnesota General Obligation Utility Revenue Refunding and Improvement Bonds, Series 2015A (Improvement PortiOn) NET DEBT SERVICE SCHEDULE 34.7% Date Principal Coupon Interest Total P+l 105% of Total Assessment Certified Levy Annual Net Levy Sewer Fund Projection Contributions 02/01/2016 - - 46162.61 46162,61 48,470.74 - 48,470.74 16,819.35 31,651.39 02/01/2017 535,000.00 0,750% 82,270.00 617,270.00 648,133.50 183,406.17 464,727.33 224,902.32 239,825.01 02/01/2018 525,000.00 1.000% 78,257.50 603,257.50 633,420.38 166,288.26 467,132.12 219,796.87 247,335.24 02/01/2019 525,000.00 1.150% 73,007.50 598,007.50 627,907.88 161,397.42 466,510.46 217,884.03 248,626.42 02/01/2020 525,000.00 1.300% 66,970.00 591,970.00 621,568.50 156,506.60 465,061.90 215,684.27 249,377.63 02/01/2021 530,000.00 1.450% 60,145.00 590,145.00 619,652.25 151,615.76 468,036.49 215,019.33 253,017.16 02/01/2022 530,000.00 1.600% 52,460.00 582,460.00 611,583.00 146.724,94 464,858.06 212,219.30 252,638.76 02/01/2023 535,000.00 1.800% 43,980.00 578,980.00 607,929.00 141,834.10 466,094.90 210,951.36 255,143.54 02/0112024 540,000,00 1.950% 34,350.00 574,350.00 603,067.50 136,943.28 466,124.22 209,264.42 256,859.80 02/0112025 545,000.00 2.050% 23,820.00 568,820,00 597,261.00 132,052.43 465,208.57 207,249.57 257,959.00 02/01)2026 550,000.00 2,200% 12,375.00 562,375.00 590,493.75 127,161.61 463,332.14 204,901.33 258,430.81 Total $5,340,000.00 - $908,287.90 $5,913,797.61 $6,200,487.49 $1,503,930.57 $4,705,556.92 ' $2,154,692.16 $2,550,664.76 Dated...............................................................................................................................................................7/09/2015 DeliveryDate ...................................................................................................................................................7/09/2015 FirstCoupon Date...........................................................................................................................................2101/2016 Yield Statistics BondYear Dollars...........................................................................................................................................$32,556.33 AverageLife...................................................................................................................................................6.097 Years AverageCoupon .............................................................................................................................................1.7455525% NetInterest Coat (NIC) ....................................................................................................................................1.8603689% TrueInterest Coat (11C) ...................................................................................................................................1.8599655% Bond Yield for Arbitrage Purposes ............. ................................................................................ .................... 1.7137642% AllInclusive Cost (AIC)...................................................................................................................................2.0120525% IRS Form 8038 NetInterest Cost .............................................................................................................................................1 .7455525% WeightedAverage tlurity ............................................................................................................................6.097 Years IOJJA A ,,,,,,ds ,d 120)5.4 0050,,i, I 5/5/2005 I 1l12 AS! Sprinqsted Page 11 $1,222,708 City of Brooklyn Center, Minnesota General Obligation Utility Revenue Refunding and Improvement Bonds, Series 2015A Assessments on Improvement Portion ASSESSMENT INCOME Date Principal Coupon Interest Total P+I 12/31/2015 ---- 12/3112016 122270.78 4.000%61,135.39 183,406.17 12131/2017 122,270.78 4.000%44,017.48 166,288.26 1213112018 122,270.78 4.000%39,126.64 161397.42 12131/2019 122,270.78 4.000%34,235.82 156,506.60 12131/2020 122,270.78 4.000%29,344.98 151,615.76 12/31/2021 122,270,78 4.000%24,454.16 146,724.94 12/3112022 122,270.78 4.000%19,563.32 141,834.10 12131/2023 122,270.78 4.000%14,672.50 136,943.28 12131/2024 122,270.77 4.000%9,781.66 132,052.43 12131/2025 122,270.77 4.000%4,890.84 127,161.61 Total $1,222,707.78 -$281,222.79 $1,503,930.57 SIGNIFICANT DATES FilingDate ................................................................................................................................................................... 10101 /2015 FirstPayment Date ..................................................................................................................... ................................ 12/31 12016 2011-i GOB-d, , I SLVGIEP0JRPOSE 15/5/20151 mo-lAS! Sprincjsted Page 12 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $7,035,000 GENERAL OBLIGATION UTILITY REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2015A BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1.Finding Amount and Purpose. It is hereby found, determined and declared that the City of Brooklyn Center, Minnesota (the "City"), should issue $7,035,000 General Obligation Utility Revenue Refunding and Improvement Bonds, Series 2015A, to (i) refund the February 1, 2016 through February 1, 2025 maturities of the City's Taxable General Obligation Utility Revenue Bonds, Series 2010A (Build America Bonds - Direct Pay), dated March 8, 2010, and (ii) finance various street and utility improvement projects within the City. 2.Meeting. This City Council shall meet on the date and at the time and place specified in the form of Terms of Proposal attached hereto as Exhibit A for the purpose of awarding the sale of the Bonds. 3.Competitive Negotiated Sale. The City has retained Springsted Incorporated as an independent municipal advisor, and the City Council hereby determines to sell the Bonds by private negotiation, by way of a competitive sale in response to Terms of Proposal for the Bonds which are not published in any newspaper or journal. 4.Terms of Proposal. The terms and conditions of the Bonds and the sale thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby made a part hereof. 5. Official Statement. The City Finance Director and other officers or employees of the City are hereby authorized to participate with Springsted Incorporated in the preparation of an official statement for the Bonds. May 11, 2015 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. RESOLUTION NO. STATE OF MINNESOTA )CITY OF BROOKLYN CENTER ) HENNEPIN COUNTY ) I, the undersigned, being the duly qualified and acting Clerk of the City of Brooklyn Center (the "City"), DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript there from insofar as the same relates to the City's $7,035,000 General Obligation Utility Revenue Refunding and Improvement Bonds, Series 2015A. WITNESS my hand as such Clerk of the City this day of 2015. City Clerk RESOLUTION NO. EXHIBIT A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $7,035,000* CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION UTILITY REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2015A (BOOK ENTRY ONLY) Proposals for the Series 2015A Bonds will be received on Monday, June 8, 2015, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Series 2015A Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Series 2015A Bonds regardless of the manner in which the proposal is submitted. (a)Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted proposal. OR (b)Electronic Bidding, Notice is hereby given that electronic proposals will be received via PARITY®. For purposes of the electronic bidding process, the time as maintained by PARITY ® shall constitute the official time with respect to all proposals submitted to PARITY ®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic proposal in a timely manner and in compliance with the requirements of the Terms ofproposal. Neither the City, its agents nor PARITY ® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in the RESOLUTION NO. proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY ®. The City is using the services of PARITY ® solely as a communication mechanism to conduct the electronic bidding for the Series 2015A Bonds, and PARITY"" is not an agent of the City. If any provisions of this Terms of proposal conflict with information provided by PARITY ®, this Terms of proposal shall control. Further information about PARITY ®, including any fee charged, may be obtained from: PARITY®, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE SERIES 2015A BONDS The Series 2015A Bonds will be dated as of the date of delivery and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2016. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Series 2015A Bonds will mature February 1 in the years and amounts* as follows: 2016 $145,000 2019 $695,000 2022 $705,000 2025 $715,000 2017 $705,000 2020 $695,000 2023 $710,000 2026 $550,000 2018 $700,000 2021 $700,000 2024 $715,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Series 2015A Bonds or the amount of any maturity in multiples of $5,000. In the event the amount of any maturity is modified, the aggregate purchase price will be adjusted to result in the same gross spread per $1,000 of Series 2015A Bonds as that of the original proposal. Gross spread is the differential between the price paid to the City for the new issue and the prices at which the securities are initially offered to the investing public. Proposals for the Series 2015A Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption scheduled to conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the proposal form. BOOK ENTRY SYSTEM The Series 2015A Bonds will be issued by means of a book entry system with no physical distribution of Series 2015A Bonds made to the public. The Series 2015A Bonds will be issued in fully registered form and one Series 2015A Bond, representing the aggregate principal amount of the Series 2015A Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Series 2015A Bonds. Individual purchases of the Series 2015A Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of RESOLUTION NO. the Series 2015A Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Series 2015A Bonds, will be required to deposit the Series 2015A Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2023, and on any day thereafter, to prepay Series 2015A Bonds due on or after February 1, 2024. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Series 2015A Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Series 2015A Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge net revenues of the City's utility funds and special assessments against benefited property. The proceeds will be used to (i) refund the February 1, 2016 through February 1, 2025 maturities of the City's Taxable General Obligation Utility Revenue Bonds, Series 2010A (Build America Bonds - Direct Pay), dated March 8, 2010, and (ii) finance various street and utility improvement projects within the City. BIDDING PARAMETERS Proposals shall be for not less than $6,985,755 plus accrued interest, if any, on the total principal amount of the Series 2015A Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Series 2015A Bonds is adjourned, recessed, or continued to another date without award of the Series 2015A Bonds having been made. Rates shall be in integral multiples of 1/100 or 1/8 of 1%. The initial price to the public for each maturity must be 98.0% or greater. Series 2015A Bonds of the same maturity shall bear a single rate from the date of the Series 2015A Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT To have its proposal considered for award, the lowest bidder is required to submit a good faith deposit to the City in the amount of $70,350 (the "Deposit") no later than 1:00 P.M., Central Time on the day of sale. The Deposit may be delivered as described herein in the form of either RESOLUTION NO. (i) a certified or cashier's check payable to the City; or (ii) a wire transfer. The lowest bidder shall be solely responsible for the timely delivery of their Deposit whether by check or wire transfer. Neither the City nor Springsted Incorporated have any liability for delays in the receipt of the Deposit. If the Deposit is not received by the specified time, the City may, at its sole discretion, reject the proposal of the lowest bidder, direct the second lowest bidder to submit a Deposit, and thereafter award the sale to such bidder. Certified or Cashier's Check. A Deposit made by certified or cashier's check will be considered timely delivered to the City if it is made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101 by the specified time. Wire Transfer. A Deposit made by wire will be considered timely delivered to the City upon submission of a federal wire reference number by the specified time. Wire transfer instructions will be available from Springsted Incorporated following the receipt and tabulation of proposals. The successful bidder must send an e-mail including the following information: (i) the federal reference number and time released; (ii) the amount of the wire transfer; and (iii) the issue to which it applies. Once an award has been made, the Deposit received from the lowest bidder (the "purchaser") will be retained by the City and no interest will accrue to the purchaser. The amount of the Deposit will be deducted at settlement from the purchase price. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. The Series 2015A Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis calculated on the proposal prior to any adjustment made by the City. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Series 2015A Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION The City has not applied for or pre-approved a commitment for any policy of municipal bond insurance with respect to the Series 2015A Bonds. If the Series 2015A Bonds qualify for municipal bond insurance and a bidder desires to purchase a policy, such indication, the maturities to be insured, and the name of the desired insurer must be set forth on the bidder's proposal. The City specifically reserves the right to reject any bid specifying municipal bond insurance, even though such bid may result in the lowest TIC to the City. All costs associated with the issuance and administration of such policy and associated ratings and expenses (other than any independent rating requested by the City) shall be paid by the successful bidder. Failure of the municipal bond insurer to issue the policy after the award of the Series 2015A Bonds shall not constitute cause for failure or refusal by the successful bidder to accept delivery of the Series 2015A Bonds. RESOLUTION NO. CUSIP NUMBERS If the Series 2015A Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Series 2015A Bonds, but neither the failure to print such numbers on any Series 2015A Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Series 2015A Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT On or about July 9, 2015, the Series 2015A Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Series 2015A Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Series 2015A Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchasers non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Series 2015A Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Series 2015A Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Series 2015A Bonds. OFFICIAL STATEMENT The City has authorized the preparation of a Preliminary Official Statement containing pertinent information relative to the Series 2015A Bonds, and said Preliminary Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Preliminary Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Municipal Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. A Final Official Statement (as that term is defined in Rule 15c2-12) will be prepared, specifying the maturity dates, principal amounts and interest rates of the Series 2015A Bonds, together with any other information required by law. By awarding the Series 2015A Bonds to an underwriter or underwriting syndicate, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the sole underwriter or to the senior managing underwriter of the syndicate (the "Underwriter" for purposes of this paragraph) to which the Series 2015A Bonds are awarded up to 25 copies of the Final Official Statement. The City designates the Underwriter of the syndicate to which the Series 2015A Bonds are awarded as its RESOLUTION NO. agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Such Underwriter agrees that if its proposal is accepted by the City, (i) it shall accept designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Series 2015A Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. City Council Agenda Item No. lOc COUNCIL ITEM MEMORANDUM DATE: May 11, 2015 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Taxable G.O. Tax Increment Refunding Bonds, Series 2015B Recommendation: It is recommended that the City Council consider approval of the attached resolution providing for the competitive sale of $6,830,000 of Taxable G.O. Tax Increment Refunding Bonds, Series 2015B. The sale of such bonds will be used to refinance (refund) the Taxable G.O. Tax Increment Bonds, Series 2004D. Background: The City Council approved the issue of $17,245,000 of Taxable G.O. Tax Increment Bonds, Series 2004D on November 8, 2004. Those bonds were issued to finance certain public redevelopment costs set forth in the Economic Development Authority's Tax Increment Finance Plan for the Tax Increment Financing District No. 3. The bond bears an average interest coupon of 4.93%, with a maturity date of February 1, 2020. The debt service repayments on this bond have been financed with tax increment revenues generated within the project area for the Tax Increment Financing District No. 3. Budget Issues: The issuance of the refunding bonds would not warrant the introduction of any new budgetary expenditure, as the principal and interest payments on the original bond issue have been budgeted for on an annual basis within the respective debt service fund. The refunding bonds have been structured to achieve nearly equal annual savings. Based on current interest rate estimates, the refunding is projected to result in the estimated annual cash flow savings of $95,880 per year (2017 -2020). The refunding bonds will not extend the maturity date, and will bear an average interest coupon of 1.87%. The net present value benefit to the City will be approximately $367,368. It should be noted that the outcome of this refinancing will rely on market conditions at the time of the sale, and any estimates included above are indicative of current market conditions. Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust $6,830,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2015B Description of Issue PURPOSE Proceeds of the 20156 Bonds will be used to refund the February 1, 2017 through 2020 maturities of the City's Taxable General Obligation Tax Increment Bonds, Series 2004D, dated December 1, 2004 (the "2004D Bonds"). The February 1, 2016 maturity is not callable and is not included in this refunding. The refunding transaction is being conducted as a "crossover advance" refunding. The maturities to be refunded are currently outstanding in the aggregate principal amount of $6,670,000. The purpose of the refunding is to achieve interest cost savings. The proceeds of the 2004D Bonds were originally used to finance redevelopment activities including acquisition, demolition, and site preparation on targeted redevelopment sites within the City's Economic Development District's Tax Increment District No. 3. AUTHORITY: Statutory Authority: The 20156 Bonds are being issued pursuant to Minnesota Statutes, Chapters 469 and 475. Statutory Requirements: For advance refunding issues, a state statutory test exists which establishes a minimum present value interest cost savings of 3% of the present value of refunded debt service, Based on current interest market, the present estimate of the refunding savings is 5.1% SECURITY AND The 20156 Bonds will be general obligations of the City, secured by its full faith and credit SOURCE OF and taxing power. Principal and interest payments on the 2015B Bonds will be made from PAYMENT: tax increment revenue collections from the City's Tax Increment District No,-3. Springsted has not been asked to review of the tax increment revenue collections from the City's Tax Increment District No. 3 and we rely on statements made by City staff that tax increment revenue collections are expected to be sufficient to cover 100% of the debt service payments on the 2015B Bonds. The proceeds of the 20156 Bonds will be placed in an escrow account with a major bank and invested in government securities. These investments and their earnings are structured to pay the interest on the 2015B Bonds to and including February 1, 2016 (the call date of the 2004D Bonds), at which time the escrow account will prepay the principal amount of the refunded maturities (2017-2020) of the 2004D Bonds. The City will continue to payihe originally scheduled principal and interest payments on the 2004D Bonds until the call date. After the call date, the City will crossover and begin making debt service payments on the 2015B Bonds, taking advantage of lower interest rates. STRUCTURING In consultation with the City, the principal repayment for the 20156 Bonds has been SUMMARY: structured with a term matching the 2004D Bonds to achieve approximately level annual savings. Based on current interest rates, this refunding transaction is projected to result in debt service savings averaging approximately $95,880 per year. This results in future value savings of approximately $386,086, with a net present value benefit to the City of Sprinçjsted Page 13 approximately $367,367. These estimates are net of all costs associated with the refunding. SCHEDULES Schedules attached include: ATTACHED:Preliminary feasibility summary (sources and uses) . Debt service comparison . Debt service schedule SALE TERMS AND Variability of Issue Size: A specific provision in the sale terms permits modifications to the MARKETING: issue size and/or maturity structure to customize the issue once the price and interest rates are set on the day of sale. Prepayment Provisions: Based on the short duration of the 2015B Bonds, and to avoid negative pricing impacts, this issue will not be subject to redemption prior to its stated maturity. Bank Qualification: Bank qualification does not apply to taxable bonds. Good Faith Deposit: The lowest bidder will be required to provide a good faith deposit within a specified time after receipt of proposals. The good faith deposit will be deducted from the purchase price otherwise due at the time of closing. In the event the lowest bidder fails to comply with the accepted bid proposal, the Issuer will retain the good faith deposit. FEDERAL The Series 2015B Bonds are taxable because the proceeds of the 2004D Bonds were CONSIDERATIONS originally used to finance site improvements on property to that was sold to a private party. AND/OR REQUIREMENTS: A verification agent will be retained to confirm that the refunding escrow is in compliance with federal yield restrictions and to verify the adequacy of the escrow to satisfy its cash flow requirements. Sprinqsted Page 14 $6,830,000 City of Brooklyn Center, Minnesota Taxable General Obligation Tax Increment Refunding Bonds, Series 2015B Crossover Refunding of Series 2004D Preliminary Feasibility Summary Dated 0710912015 1 Delivered 0710912015 Sources Of Funds F-sr Amount of Bonds............................................................ TotalSources...................................................................... Uses Of Funds Deposit to Crossover Escrow Fund...................................... Costs of Issuance................................................................. Total Underwriters Discount (0.475%)................................ RoundingAmount.................................................................. TotalUses........................................................................... ISSUES REFUNDED AND CALL INFORMATION Prior Issue Call Price............................................ Prior Issue Call Date............................................ SAVINGS INFORMATION NetFuture Value Benefit............................................................................................................... NetPresent Value Benefit............................................................................................................. Net FV Benefit I $7,129,531.67 R/ Refunded Debt Service......................................................... BOND STATISTICS AverageLife.......................................................................... AverageCoupon.................................................................... Net Interest Cost (NIC)........................................................... True Interest Cost (TIC).......................................................... $6,830,000.00 $6,830,000.00 6,730,003.32 65,000.00 32,442.50 2,554.18 $6,830,000.00 100.000% 2101/2016 $386,086.68 $367,367.77 5.1 53% 3.085 Years 1.8691907% 2.0231481% 2.0253533% Series 2O1SB TAXRf2004 I SSVGLEPURPOSE 1 5/5/20151 11,03 AS! Sprinqsted Page 15 $6,830,000 City of Brooklyn Center, Minnesota Taxable General Obligation Tax Increment Refunding Bonds, Series 2015B Crossover Refunding of Series 2004D Debt Service Comparison Date Total P+l Escrow Existing D15 Net New D15 Old Net DiS savings 02/0112016 65,965.63 (6735,965.63) 8526775.00 1,856,775.00 1,856,775.00 - 02/0112017 1,782,562.50 - - 1,782,562.50 1,877,900.00 95,337.50 02/0112018 1,773,415.00 - - 1,773,415.00 1,870,900.00 97,485.00 02101/2019 1,807,452.50 - - 1,807,452.50 1,900,400.00 92,947.50 02101/2020 1,794,487.50 - 1794487.50 1892,250.00 97,762.50 Total $7,223,883.13 (6,735,965.63) $8,526,775.00 $9,014,692.50 $9,398,225.00 $383,532.50 PVAnalysis summary (Netto Net) NetFV Cashf low Savings .......................................................................................................................................383532.50 Gross R/ Debt Service Savings.............................................................................................................................364,813.59 Net FV Cashf low Savings 1.865%(Bond Yield) .................................................. ........ ......................................364,813.59 Contingency or Rounding Amount ..................................................................................... ......................................2,554.18 Net Future Value Benefft.........................................................................................................................................$386,086.68 Net Present Value Benefit .................... ...................................................... .............................................................$367,367.77 Net RI Benefit! $834,519.51 RI Refunded Interest ...............................................................................................44.021% Net PV Benefit/ $7,129,531.67 R/ Refunded Debt Service ........................ ........................................................... 5.153% Net R/ Benefit/ $6,670,000 Refunded Principal ................................................................. ...................................5.508% Net RI Benefit/ $6,830,000 Refunding Principal....................................................................................................5.379% Refunding Bond Information RefundingDated Date ....................................... . ......................................................................................................7/09/2015 Refunding Delivery Date .... ........................................... ...........................................................................................7/09/2015 Series 2OI5B TAXRf2004 I SINGLEPURPOSE 151512015 I 11.03 AS! Sprinqsted Page 16 $6,830,000 City of Brooklyn Center, Minnesota Taxable General Obligation Tax Increment Refunding Bonds, Series 2015B Crossover Refunding of Series 2004D DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+l 105% Levy 0210112016 --65965.63 65965.63 69,263.91 02/0112017 1,665,000.00 1.150%117,562.50 1,782,562.50 1,871,690.63 02/01/2018 1,675,000.00 1.550%98,415.00 1,773,415.00 1,862,085.75 02/01/2019 1,735,000.00 1.900%72,452.50 1,807,452.50 1,897,825.13 02/01/2020 1,755000.00 2.250%39,487.50 1,794,487.50 1,884,211.88 Total $6,830,000.00 -$393,883.13 $7,223,883.13 $7,585,077.29 SIGNIFICANT DATES Dated......................................................................................... DeliveryDate............................................................................. FirstCoupon Date..................................................................... Yield Statistics Bond Year Dollars..................................................................... AverageLife............................................................................. AverageCoupon....................................................................... Net Interest Cost (NIC).............................................................. True Interest Cost (TIC)............................................................. Bond Yield for Arbitrage Rirposes........................................... All Inclusive Cost (AIC)............................................................. IRS Form 8038 NetInterest Cost....................................................................... Weighted Average Maturity...................................................... Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriter's discount bid may also vary. 7/09/2015 7/09/2015 2/01/2016 $21,072.39 3.085 Years 1.8691907% 2.0231481% 2.0253533% 1.8654409% 2.3487775% 2015B TA.VRef 2004 I SINGLEPURPOSE I 515/2015 I 242 All Sprinqsted Page 17 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $6,830,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2015B BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1.Finding; Amount and Purpose. It is hereby found, determined and declared that the City of Brooklyn Center, Minnesota (the "City"), should issue $6,830,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2015B, to refund the February 1, 2017 through February 1, 2020 maturities of the City's Taxable General Obligation Tax Increment Bonds, Series 2004D, dated December 1, 2004. 2.Meeting. This City Council shall meet on the date and at the time and place specified in the form of Terms of Proposal attached hereto as Exhibit A for the purpose of awarding the sale of the Bonds. 3.Competitive Negotiated Sale. The City has retained Springsted Incorporated as an independent municipal advisor, and the City Council hereby determines to sell the Bonds by private negotiation, by way of a competitive sale in response to Terms of Proposal for the Bonds which are not published in any newspaper or journal. 4.Terms of Proposal. The terms and conditions of the Bonds and the sale thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby made a part hereof. 5. Official Statement. The City Finance Director and other officers or employees of the City are hereby authorized to participate with Springsted Incorporated in the preparation of an official statement for the Bonds. May 11, 2015 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. RESOLUTION NO. STATE OF MINNESOTA ) CITY OF BROOKLYN CENTER ) HENNEPIN COUNTY ) I, the undersigned, being the duly qualified and acting Clerk of the City of Brooklyn Center (the "City"), DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript there from insofar as the same relates to the City's $6,830,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2015B. WITNESS my hand as such Clerk of the City this _____ day of ,2015. Clerk RESOLUTION NO. EXHIBIT A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $6,830,000* CITY OF BROOKLYN CENTER, MINNESOTA TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2015B (BOOK ENTRY ONLY) Proposals for the Series 2015B Bonds will be received on Monday, June 8, 2015, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Series 2015B Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Series 2015B Bonds regardless of the manner in which the proposal is submitted. (a)Sealed Bidding, Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted proposal. (b)Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY®. For purposes of the electronic bidding process, the time as maintained by PARITY ® shall constitute the official time with respect to all proposals submitted to PARITY ®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic proposal in a timely manner and in compliance with the requirements of the Terms ofproposal. Neither the City, its agents nor PARITY® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY ®. The City is using the services of PARITY® solely as a RESOLUTION NO. communication mechanism to conduct the electronic bidding for the Series 2015B Bonds, and PARITY ® is not an agent of the City. If any provisions of this Terms of proposal conflict with information provided by PARITY ®, this Terms of proposal shall control. Further information about PARITY ®, including any fee charged, may be obtained from: PARITY®, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE SERIES 2015B BONDS The Series 2015B Bonds will be dated as of the date of delivery and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2016. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Series 2015B Bonds will mature February 1 in the years and amounts* as follows: 2017 $1,665,000 2018 $1,675,000 2019 $1,735,000 2020 $1,755,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Series 2015B Bonds or the amount of any maturity in multiples of $5,000. In the event the amount of any maturity is modified, the aggregate purchase price will be adjusted to result in the same gross spread per $1,000 of Series 2015B Bonds as that of the original proposal. Gross spread is the differential between the price paid to the City for the new issue and the prices at which the securities are initially offered to the investing public. Proposals for the Series 2015B Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption scheduled to conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the proposal form. BOOK ENTRY SYSTEM The Series 2015B Bonds will be issued by means of a book entry system with no physical distribution of Series 2015B Bonds made to the public. The Series 2015B Bonds will be issued in fully registered form and one Series 2015B Bond, representing the aggregate principal amount of the Series 2015B Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Series 2015B Bonds. Individual purchases of the Series 2015B Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Series 2015B Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial RESOLUTION NO. owners. The purchaser, as a condition of delivery of the Series 2015B Bonds, will be required to deposit the Series 2015B Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Series 2015B Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Series 2015B Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge tax increment revenue collections from the City's Tax Increment District No. 3, located in the City's Economic Development District. The proceeds will be used to refund the February 1, 2017 through February 1, 2020 maturities of the City's Taxable General Obligation Tax Increment Bonds, Series 2004D, dated December 1, 2004. TAXABILITY OF INTEREST The interest to be paid on the Series 2015B Bonds is included in gross income of the recipient for United States and State of Minnesota income tax purposes, and is subject to Minnesota corporate and bank excise taxes measured by income. BIDDING PARAMETERS Proposals shall be for not less than $6,797,558 plus accrued interest, if any, on the total principal amount of the Series 2015B Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Series 2015B Bonds is adjourned, recessed, or continued to another date without award of the Series 2015B Bonds having been made. Rates shall be in integral multiples of 1/100 or 1/8 of 1%. The initial price to the public for each maturity must be 98.0% or greater. Series 2015B Bonds of the same maturity shall bear a single rate from the date of the Series 2015B Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT To have its proposal considered for award, the lowest bidder is required to submit a good faith deposit to the City in the amount of $68,300 (the "Deposit") no later than 1:00 P.M., Central Time on the day of sale. The Deposit may be delivered as described herein in the form of either (i) a certified or cashier's check payable to the City; or (ii) a wire transfer. The lowest bidder shall be solely responsible for the timely delivery of their Deposit whether by check or wire transfer. Neither the City nor Springsted Incorporated have any liability for delays in the receipt RESOLUTION NO. of the Deposit. If the Deposit is not received by the specified time, the City may, at its sole discretion, reject the proposal of the lowest bidder, direct the second lowest bidder to submit a Deposit, and thereafter award the sale to such bidder. Certified or Cashier's Check. A Deposit made by certified or cashier's check will be considered timely delivered to the City if it is made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101 by the specified time. Wire Transfer. A Deposit made by wire will be considered timely delivered to the City upon submission of a federal wire reference number by the specified time. Wire transfer instructions will be available from Springsted Incorporated following the receipt and tabulation of proposals. The successful bidder must send an e-mail including the following information: (i) the federal reference number and time released; (ii) the amount of the wire transfer; and (iii) the issue to which it applies. Once an award has been made, the Deposit received from the lowest bidder (the "purchaser") will be retained by the City and no interest will accrue to the purchaser. The amount of the Deposit will be deducted at settlement from the purchase price. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. The Series 2015B Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis calculated on the proposal prior to any adjustment made by the City. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Series 2015B Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION The City has not applied for or pre-approved a commitment for any policy of municipal bond insurance with respect to the Series 2015B Bonds. If the Series 2015B Bonds qualify for municipal bond insurance and a bidder desires to purchase a policy, such indication, the maturities to be insured, and the name of the desired insurer must be set forth on the bidder's proposal. The City specifically reserves the right to reject any bid specifying municipal bond insurance, even though such bid may result in the lowest TIC to the City. All costs associated with the issuance and administration of such policy and associated ratings and expenses (other than any independent rating requested by the City) shall be paid by the successful bidder. Failure of the municipal bond insurer to issue the policy after the award of the Series 2015B Bonds shall not constitute cause for failure or refusal by the successful bidder to accept delivery of the Series 2015B Bonds. RESOLUTION NO. CUSIP NUMBERS If the Series 2015B Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Series 2015B Bonds, but neither the failure to print such numbers on any Series 2015B Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Series 2015B Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT On or about July 9, 2015, the Series 2015B Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Series 2015B Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Series 2015B Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 1 Sc2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Series 2015B Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Series 2015B Bonds will be conditioned upon receiving evidence , of this undertaking at or prior to delivery of the Series 2015B Bonds. OFFICIAL STATEMENT The City has authorized the preparation of a Preliminary Official Statement containing pertinent information relative to the Series 2015B Bonds, and said Preliminary Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 7 12 of the Securities and Exchange Commission. For copies of the Preliminary Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Municipal Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. A Final Official Statement (as that term is defined .in Rule 1 Sc2- 12) will be prepared, specifying the maturity dates, principal amounts and interest rates of the Series 2015B Bonds, together with any other information required by law. By awarding the Series 2015B Bonds to an underwriter or underwriting syndicate, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the sole underwriter or to the senior managing underwriter of the syndicate (the "Underwriter" for purposes of this paragraph) to which the Series 2015B Bonds are awarded up to 25 copies of the Final Official Statement. The City designates the Underwriter of the syndicate to which the Series 2015B Bonds are awarded as its RESOLUTION NO. agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Such Underwriter agrees that if its proposal is accepted by the City, (i) it shall accept designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Series 2015B Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION May 11, 2015 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. E-Cigarettes in Public Places PENDING LIST FOR FUTURE WORK SESSIONS' Later/Ongoing 1.Sister City Voinjama Visit Update 2.Paperless Packets Report Work Session Agenda Item No. 1 MEMORANDUM = COUNCW WORK SESSION DATE: May 4,2015 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation & Services (-, SUBJECT: E-Cigarettes in Public Places Recommendation: It is recommended that the City Council consider providing direction to staff regarding the issue of e-cigarettes in public places. Background: At their July 28 study and work sessions, the City Council discussed tobacco use options, including their use in city park properties. As part of that discussion, it was noted there is a Parks Tobacco Free policy in place, and that the Park & Recreation Commission had spent considerable time studying the issue and making their recommendation. At the July 28 work session, the City Council asked the Park & Recreation Commission to consider strengthening the policy and discuss the issue of e-cigarettes. At their October 21, 2014 meeting, the Commission spent considerable time discussing the issue (copy of the meeting minutes is attached) and ultimately decided to recommend leaving the policy as is. On March 21, 2015, representatives of the Brooklyns Youth Council attended the Parks & Recreation Commission meeting and provided a PowerPoint presentation (attached) and recommendation (also attached) regarding tobacco use in parks. The Commission asked questions and discussed the issue. At their April 21, 2015, meeting, the Park and Recreation Commission again discussed the "Parks Tobacco Free Policy". After considerable discussion, a motion was passed 4-2, recommending the City Council keep the current policy in place. The current policy (copy included) prohibits the use of tobacco products on park property, recreational facilities, open space or joint city/school space designated for, or primarily used by youth. The two dissenting Commissioners felt there should be a complete ban of tobacco and tobacco related products in all parks. A "draft" copy of the April meeting minutes are included as information. Regarding the use of e-cigarettes, there was Commission consensus that recent work at the legislature to refine language and have e-cigarettes included in the definition of tobacco, and tobacco related products, should take care of that issue; meaning, they would also be prohibited in youth areas designated in the policy. IWission: Eiisiiiiiig an attractive, clean, safe, inclusive coinniunitj' that enhances the quulnp oflife for all people and preserves the public t;iist k'A I Dh!4 0] 1II I1PJhA II1IJ[SJ I i'L$] 1 *I1 [iJI Policy Issues: How does the City Council wish to proceed regarding this issue? Strategic Priorities: • Enhanced Community Image /kliss!on: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves time public trust MINUTES OF THE PROCEEDINGS OF THE PARK AND RECREATION COMMISSION FOR THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 21, 2014 COMMUNITY ROOM #221, COMMUNITY CENTER CALL TO ORDER Chair Sorenson called the fleeting to order at 7:00 pm. ROLL CALL Chair Sorenson and Commissioners Bonovsky, Dalton, Ebert. Russell, Shinnick and Witalka were present. Also present were City Council Liaison Lin Myszkowski and Community Activities, Recreation & Services Director Jim Glasoe. APPROVAL OF AGENDA Chair Sorenson asked if there were any additions or changes to the proposed agenda. By consensus, the agenda was approved as presented. APPROVAL OF MINUTES - September 18, 2014 There was a motion by Commissioner Witalka, seconded by Commissioner Shim -lick to approve the minutes of the September 18, 2014 meeting of the Park & Recreation Commission as presented. The motion passed unanimously. COUNCIL LIAISON REPORT Councilmember Myszkowski reported that recent meetings had been largely Type IV rental license considerations and that she had no other updates on recent City Council meetings. Commissioners asked about pan handling in the city. Councilmember Myszkowski responded that solicitation by way of written signs on public property was legal, but that other types of solicitation should be reported to the Police. Commissioners asked about the posting of flyers on windshields. Councilmember Myszkowski responded that she was unsure and would check into the issue. Commissioners asked about a possible deer hunt in the City. Councilmember Myszkowski indicated there would be a study performed prior to any decision on a hunt. REVISIT PARKS TOBACCO FREE POLICY Chair Sorenson indicated his understanding was the City Council was looking for input regarding the use of e-cigarettes on park property. Councilmember Myszkowski responded that the City Council was looking for Commission input on strengthening the policy to a complete ban. Chair Sorenson noted that the Commission had spent considerable time on the issue over the past three years on this issue, noting the summary of meeting minutes pertaining to the issue that was included in the meeting packet. Commissioner Bonovsky referred to a study by Great River Greening on the effects of cigarette butts on wildlife. Chair Sorenson noted the City already had an ordinance in place regarding litter that was not being enforced. Commissioner Dalton asked if the citizens had been surveyed on this issue. CARS Director Glasoe responded that he did not recall the past citizen survey including any questions on the issue. Chair Sorenson polled the Commissioners on their thoughts regarding strengthening the policy. Commissioner Bonovsky indicated he would consider it, but that enforcement was the big issue. Commissioners Shinnick and Russell indicated they were okay with the policy that was in place. Commissioner Dalton indicated she would be in favor of a complete ban. Commissioner Witalka indicated he was not in favor of any ban at all. Commissioner Ebert indicated she was not in favor of a ban, but sees the value of not negatively influencing youth. After some additional discussion, Chair Sorenson asked about Commission reaction to including c-cigarettes in the current policy, noting his feeling was that vapor was not smoke and did not create 2 nd hand smoke and was not a littler issue. Commissioner Bonovsky indicated he did not have a major problem with them, but noted he knew relatively little about them. Commissioners Shinnick and Russell noted they did not know enough about c-cigarettes to ban them. Commissioner Dalton noted the c-cigarettes were better than regular cigarettes, but that the effects on others are not known. Commissioners Witalka and Ebert were not in favor of adding c-cigarettes to the policy. Councilmember Myszkowski shared and provided background on a recommendation from the Brooklyns Youth Council endorsing a complete ban on tobacco use in parks. After some additional discussion, Commissioner Witalka made a motion, seconded by Commissioner Russell to keep the existing policy in place and not include e-cigarettes. Chair Sorenson and Commissioners Bonovsky, Ebert, Russell, Shinnick and Witalka voted in favor of the motion. Commissioner Dalton voted against. 2015-2029 CAPITAL IMPROVEMENTS PLAN- CARS Director Glasoe noted the proposed 2015-2029 parks Capital Improvements Plan had been presented at the September meeting and was on tonight's agenda for Commission recommendation. Chair Sorenson reminded the Commission that a shelter building was planned for Northport Park in 2016 and asked the Commission for input After some discussion, Commissioner Shinnick made a motion, seconded by Commissioner Witalka to recommend the City Council approve the proposed parks portion of the plan with one change. The shelter building planned for Northport Park in 2016, be replaced in the plan with a larger picnic shelter and that that improvement be moved from 2016 to 2015. The motion passed unanimously. The Commission also discussed their desire to have a drinking water fountain available in the northwest portion of the park. MERMOIUAL AMPHITHEATER UPDATE CARS Director Glasoe reported that bids for the amphitheater project had been opened on September 4th, with the lowest bid coming in at $599,000, despite the architect's estimate of $410,000. Mr. Glasoe continued, the Amphitheatre Fundraising Task Force had met with the architect to discuss the reason for the high bids and to discuss options for reducing the construction costs. Mr. Glasoe added the Task Force had considered multiple options, including • Recommending donations be returned and the project shelved. • Recommending the City Council move forward with the original design and lowest responsible bid of $599,000. • Recommending the architect's design with proposed reductions at a cost of $537,155. • Recommending a pre-engineered alternative design structure. • Recommending waiting for two or more years for the bidding market to improve. CARS Director Glasoe noted the Task Force ultimately recommended the City Council proceed with the project that would include the cost reductions identified by the lowest responsible bidder and asked for City Council assistance in funding the remaining deficit. Mr. Glasoe noted the City Council was considering the recommendation and had asked the City Manager and Finance Director to identify potential funding sources and had also encouraged the Task Force to continue to look for ways to reduce project costs. OTHER Chair Sorenson reported noticing some large cracks in some of the trails and asked about options for maintenance that did not include complete replacement. CARS Director Glasoe reminded the Commission that Streets and Parks Maintenance Supervisor Todd Berg was planning to attend the next meeting and would better be able to answer the question. SET NEXT MEETING DATE By consensus, the next meeting of the Park and Recreation Commission was set for November, 18, 2014 at 7:00 p.m. MEETING ADJOURNED A motion was made by Commissioner Shinnick, seconded by Commissioner Russell to adjourn the meeting at 8:06 p.m. The motion passed unanimously. I WINr!i 4 I,J 4 S 4 I I I S I S I S 4 S All I I 4 •0 000 EO2O E OJ L 1 _____ tA LU I : LL IL 2 2 sl ION I c c I - cbIc co Q 0- c cc C En cpi 12 rl • g L rei .i: •r_; (j) t_' c I 1 .( I—,• I •-. i) 1= /."aftr '-: Llo - (• -'I lit = C)U -LI 1-0. 0 4"U) CtI - o zu g odcdor% cs A cd1gj0 0 0 IE$ CCU-)(CID w M ul^wL=%--oj C 0 CO-0 0 CO 0E oj w 0E OLI w ± =2 0= >t= ==== oE LUU I I w 0 w 0 0= w w •1 cn QJ 0 Ln w wU 00 I COD 0 0 w MEMORANDUM - COUNCIL WORK SESSION Date: March 17, 2015 To: Curt Boganey, City Manager From: The Brooklyns Youth Council Subject: Banning Tobacco on All Park Premises Recommendation: It is recommended that the City Council consider providing direction to staff regarding the subject of banning tobacco and tobacco delivering devices on all Brooklyn Center park premises. The suggestion of the Brooklyns Youth council is to ban the aforementioned devices on all park premises and create signs to display such a decision. MINUTES OF THE PROCEEDINGS OF THE PARK AND RECREATION COMMISSION FOR THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 17, 2015 COMMUNITY ROOM #221, COMMUNITY CENTER CALL TO ORDER Vice Chair Shinnick called the meeting to order at 7:02 pm. ROLL CALL Vice Chair Shiimick and Commissioners Bonovsky, Dalton and Witalka were present. Chair Sorenson and Commissioner Russell were absent and excused. Also present were Noor Aijabari, Alec Reginato, Jessica Peterson, Marthalyn Nehwah and Craig Kizer, Kelsey Schuster, Ranya Aijabari, City Council Liaison April Graves and Community Activities, Recreation & Services Director Jim Glasoe. APPROVAL OF AGENDA Vice Chair Shinnick asked if there were any additions or changes to the proposed agenda. Commissioner Witalka made a motion, seconded by Commissioner Dalton to approve the agenda as presented. The motion passed unanimously. APPROVAL OF MINUTES - February 17,2015 There was a motion by Commissioner Witalka, seconded by Commissioner Bonovsky to approve the minutes of the February 17, 2015 meeting of the Park & Recreation Commission as presented. The motion passed unanimously. PARKS TOBACCO FREE Noor Aijabari, Alec Reginato, Jessica Peterson, Marthalyn Nehwah and Craig Kizer from the Brooklyn Youth Council presented a power point presentation regarding their research and recommendation for a total ban on the use of tobacco products in the parks. Topics covered included; the meaning/value of parks, area cities with tobacco free parks policies, free signage and the negative influence of smoking on youth. The youth also reiterated their recommendation, which was to ban all tobacco and tobacco delivering devices on all city park properties. Commissioner Witalka asked if the youth were aware of the current policy regarding tobacco use in the parks, noting it was prohibited in areas where youth were present. The youth responded they were aware of the policy, but felt a complete ban on tobacco product use should be extended to the entire park system to promote healthy, active parks, to eliminate the negative influence on youth. Commissioner Witalka indicated he felt plastic bags were a bigger issue than cigarette butts. Youth Council representatives responded that a University of Minnesota study indicated city leaders and citizens with no smoking policy's felt the parks were cleaner than those without. After some additional conversation, the Commission thanked the Youth Council Representatives for their presentation and input. CARS Director Glasoe indicated the City Council was looking for a final recommendation on this issue and that, accordingly, he would place it on the April agenda for discussion and a final recommendation. COUNCIL/COMMISSION MEETING- April 8, 2015 Vice-chair Shinnick announced the upcoming joint meeting between the City Council and the various Commissions. He noted the meeting was scheduled for April 8thi, at 6:00 p.m. in Constitution Hall. CARS Director Glasoe distributed a draft power point presentation detailing the composition and activities of the Commission during the past year and asked that Commissioners review the information and forward any additions, deletions or corrections prior to the joint meeting. Commissioner Witalka noted that a work activity item related to conversion of East Palmer ball field to soccer field should be added. CARS Director Glasoe responded that he would make the change and encouraged Commissioners to notify him if they identified any additional changes. Vice-chair Shiirnick encouraged all Commissioners to attend the April meeting. AMPLIFIED SOUND PARKSCars Director Glasoe reported that staff continues to study the amplified sound in parks issue and noted the ongoing controversy surrounding the subject in Brooklyn Park. Mr. Glasoe added he would put they item back on a future agenda, as additional information was available. MERMO1UAL AMPHITHEATER UPDATE CARS Director Glasoe reported the construction contracts for the project had been executed and that they were looking to set a date for a ground breaking ceremony. Mr. Glasoe noted the Commission would be invited. CARS Director Glasoe noted the contract allows for a 75 day construction period. COUNCIL LIAISON REPORT Councilmeinber Graves reported the City's new citizen learning opportunity, Brooklyn Center University, had begun and that 9 residents were enrolled. She noted the first session included a mock city council meeting item related to the Opportunity Site development. Councilmember Graves reported she had recently attended a Multi-Culture Advisory Committee meeting, with a discussion topic around traffic stops and racial profiling. Councilmember Graves also reported she had, at the request of residents, attended a meeting in Brooklyn Park regarding amplified sound. She noted the attendees were happy to hear Brooklyn Center had not chosen to ban amplified sound in the parks. Councilmember Graves reported the City was expecting a letter of intent for a senior housing facility on the former site of the Cars for Heart operation and had discussed possibilities for Highway 9252 improvements and had identified a preferred option. OTHER Commissioner Bonovsky distributed pictures of some garbage and debris in the middle of Palmer Lake. Commissioner Bonovsky reported he had contacted Streets and Parks Maintenance Supervisor Todd Berg and had shared the pictures. He noted Mr. Berg was attempting to identify what resources the city might have to assist in retrieving the items. Commissioner Bonovsky also handed out information about the Palmer Lake clean up that was scheduled for April 18th• SET NEXT MEETING DATE Vice Chair Shinnick reminded Commissioners about the joint Council /Commission meeting that was scheduled for April 8 '11 By consensus, the next meeting of the Park and Recreation Commission was set for April 21, 2015 at 7:00 p.m. MEETING ADJOURNED A motion was made by Commissioner Witalka, seconded by Commissioner Dalton to adjourn the meeting at 7:50 p.m. The motion passed unanimously. City of Brooldyn Center Community Activities, Recreation and Se&'i SUBJECT City of Brooklyn Center, Parks and Open Spaces Tobacco-Free Policy: In order to protect the health and welfare of our children, the City of Brooklyn Center prohibits the use of all tobacco products in youth activity areas. POLICY STATEMENT The City of Brooklyn Center is committed to the quality of life for all residents, therefore, we believe that: Tobacco product use in the proximity of children and youth engaging in recreational activities is unhealthy and detrimental to the health of others. Tobacco products once consumed in public spaces are often discarded on the ground, thus posing a risk of ingestion to toddlers and causing a litter problem. As parents, leaders, coaches, and officials we are thought of as role models, and the use of tobacco products around youth has a negative effect on their lifestyle choices. TOBACCO—FREE FACILITIES The City of Brooklyn Center does not allow the use of tobacco products on city-owned property predominantly used by minors, such as parkland, park facilities, open space or joint city/school district properties. These areas include: Park Playground Areas • Youth Ball Fields Skating Rinks • Basketball Courts COMPLIANCE PROCEDURES The emphasis on enforcing the Tobacco-Free park policy is through voluntary compliance: Appropriate City-owned parkland, park facilities, open space or joint City/school district properties will be appropriately signed. City of Brooklyn Center staff will meet with activity organizations and/or leaders or coaches to discuss the policy and to distribute flyers with the "Tobacco Free" policy. City of Brooklyn Center staff will make periodic observations of activity sites to monitor compliance. Policy Adoption Date: June 27, 2011 MINUTES OF THE PROCEEDINGS OF THE PARK AND RECREATION COMMISSION FOR THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 21, 2015 COMMUNITY ROOM #221, COMMUNITY CENTER CALL TO ORDER Chair Sorenson called the meeting to order at 7:00 pm. ROLL CALL Chair Sorenson and Commissioners Bonovsky, Dalton, Ebert, Russell and Witalka were present. Commissioner Shinnick was absent and excused. Also present were Kou Yang, representing New Millennium Charter School, resident Paul Fusco, City Council Liaison April Graves and Community Activities, Recreation & Services Director Jim Glasoe. APPROVAL OF AGENDA Chair Sorenson asked if there were any additions or changes to the proposed agenda. Commissioner Dalton indicated she would like an item added regarding recycling signage and container placement. Chair Sorenson noted he would also add an item related to the Palmer Lake and Northport area clean up events. By consensus, the amended agenda was approved. APPROVAL OF MINUTES - March 17, 2015 There was a motion by Commissioner Russell, seconded by Commissioner Bonovsky to approve the minutes of the February 17, 2015 meeting of the Park & Recreation Commission as presented. As part of the discussion, Commissioner Witalka noted an omission on page two and indicated the minutes should read "The youth responded they were aware of the policy, but felt a complete ban on tobacco product use should be extended to the entire park system... Chair Sorenson also identified a typo on page one where Vice Chair Shinnick was referred to as Vice Chair Sorenson. The motion to approve the minutes as amended was passed unanimously. COUNCIL LIAISON REPORT Councilmember Graves reported she had missed the last City Council due to a viral infection, but did note the last week of the Brooklyn Center University citizens academy was scheduled for this week and the City Council was considering preferred options for Highway #252 and noted the conversion of a portion of the former Shingle Creek trail in Centennial Park was being converted to a wood chip trail. NEW MILLENNIUM CHARTER SCHOOL CARS Director Glasoe introduced Planning and Zoning Specialist Tim Benetti, who provided an overview of the New Millennium Charter School being proposed for the former Malmborg's nursery site. Mr. Benetti noted a soccer field was a critical component for the school and presented options for the site, some that included using portions of Happy Hollow Park for the soccer field. Mr. Benetti noted the proposed field would be built and maintained by the school. Chair Sorenson indicated he preferred option #2, which would have the soccer field placed half on the school property and half on park property. Commissioners Bonovsky and Witalka agreed. Resident Paul Fusco asked if the fields would be ready by the fall opening, Mr. Benetti indicated they would likely not be ready until the next spring or summer. Chair Sorenson asked if they would seek input form the neighborhood, noting it might be a tough sell. Mr. Benetti indicated there would be seeking public input. Commissioner Ebert asked if the school was open for open enrollment. Mr. Vang indicated it would. Council Liaison Graves indicated she has had some previous interactions with students and teachers from the school, and they had all been very positive. Commissioner Ebert asked if the farmhouse on the site was historical. Mr. Benetti responded that it was not historical, but that it would likely be available to be moved. Chair Sorenson asked if any Commission action was needed tonight. Mr. Benetti responded that tonight's session was informational only and that, once the proposal was finalized, it would be brought to the park & recreation and planning commissions, and then on the City Council. PARKS TOBACCO FREE CARS Director Glasoe indicated the City Council was looking for a final recommendation on this issue, now that the Brooklyns Youth Council had presented their findings and recommendations. Chair Sorenson indicated he favored keeping the policy as is. He then polled the Commissioners on their thoughts regarding strengthening the policy. Commissioner Dalton indicated she would be in favor of a complete ban. Commissioners Russell indicated he was okay with the policy that was in place. Commissioner Bonovsky indicated he supported a complete ban. Commissioners Ebert and Witalka indicated they supported keeping the policy as is. After additional discussion, Commissioner Witalka made a motion, seconded by Commissioner Russell to recommend the Parks Tobacco free Policy be kept the same. The motion passed 4-2, with Conirnissioners Dalton and Bonovsky voting nay. Regarding the use of e-cigarettes, there was Commission consensus that recent work at the legislature to have e-cigarettes included in the definition of tobacco, and tobacco related products should take care of that issue. Meaning, they would also be prohibited in youth areas designated in the policy. COUNCIL/COMMISSION MEETING- April 8, 2015 CARS Director Glasoe asked if there was any Commission feedback from the April 8thi Council/Commissions meeting. Commissioner Dalton and Council Liaison Graves both indicated a desire for more "social time" and opportunities for Commissioner engagement. MERMORTAL AMPHITHEATER UPDATE CARS Director Glasoe reported construction was underway, with soil corrections being completed and footings being poured later this week. Chair Sorenson noted the construction schedule was slated for 75 days, putting the completion sometime in late July. OTHER Commissioner Dalton reported that, as a result of a comment placed on the Brooklyn Center Facebook page regarding trash, she had organized cleanups in three areas of the community. Chair Sorenson commented on the cleanup of the Northport Park nature area and asked CARS Director Glasoe to find out if that area is included in the expectations for groups cleaning the park. CARS Director Glasoe responded that he would research and report back on the response. Commissioner Dalton asked if additional multi-lingual or international symbol signage could be added to recycling containers to assist in recycling efforts. Commissioner Dalton also asked if the Commission had any input on the placement of the new recycling containers that were being purchased with the Hennepin County grant proceeds. CARS Director Glasoe responded that he had provided the feedback provided by the Commission to place additional container near major trail sections and by bench placements. He asked that Commissioners forward suggestions to him and that he would pass them along to Street & Parks Maintenance Supervisor Todd Berg. Commissioner Bonovsky reported the Palmer Lake clean up, held on April had been a big success. Resident Paul Fusco noted that over 18 bags of trash had been collected and shared pictures. SET NEXT MEETING DATE Chair Sorenson reminded Commissioners that the May meeting was scheduled to immediately follow the West Palmer neighborhood meeting, which was scheduled for Thursday, May 21st at 6:00 p.m. at West Palmer Park. CARS Director Glasoe reported that he would not be able to attend the May meeting, but would send another staff person. MEETING ADJOURNED A motion was made by Commissioner Russell, seconded by Commissioner Dalton to adjourn the meeting at 8:20 p.m. The motion passed unanimously.